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29 Oct, 5 tweets, 1 min read
Gl, Ed, Ga, Ki, Ke, Go, St
Gled kike ghost.
Gled gakike ghost.
Correction!

Gli, Ed, Ke, Ki, Ga, Go, St
Gled Kekiga Ghost.

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More from @jeremy_gans

Jeremy Gans Profile picture
30 Oct
"as appointees at the beginning, rather than in the later stages, of their judicial careers... neither has yet established themselves as a leading jurist of their generation — though they will now have the time and opportunity to do so on the High Court."insidestory.org.au/congratulation…
"public discussion about the merits of these appointments and systemic problems in appointment processes are largely treated as taboo in the legal community. We don’t talk about such things in polite company."
"The University of NSW’s Andrew Lynch has observed that appointing High Court judges from the Federal Court is now a “dominant trend,” and it is not farfetched to suggest that such judge may be more sympathetic to federal, as opposed to state, rights."
Read 12 tweets
Jeremy Gans Profile picture
30 Oct
Transcript of the Checuti matter now up: classic.austlii.edu.au/au/cases/cth/H…. From a quick read, I'm in the dark about what the issue is before @HighCourtofAus.
"there is a course of authorities that your Honour is familiar with, culminating in the recent case of Love & Thoms in which various Justices take competing views in respect of when it is that, for example, the Crown of Australia became separate from the Crown of United Kingdom"
That seems to indicate that this is about some sort of constitutional limit to deportations, presumably whether you can deport someone who has been here for 69 of his 71 years. Perhaps Checuti is trying to head off a fresh deportation decision after quashing the last?
Read 8 tweets
Jeremy Gans Profile picture
30 Oct
Today's confusingly titled @HighCourtofAus directions hearing turns out to be about Benbrika: classic.austlii.edu.au/au/cases/cth/H….

Benbrika's sentence is about to end, so the issue is a continuing detention order: theage.com.au/national/victo…. Image
Nettle: "there is only one day for hearing available, which is 10 December in Canberra – or notionally in Canberra, in the age in which we live – which means the argument if it is to proceed this year will need to be compressed within one day."
Hosking: "Given that the nature of the constitutional question is one that has been resolved in respect of States but simply concerns an equivalent question in relation to Commonwealth accords there is doubtless less reason to suppose that States would intervene".
Read 8 tweets
Jeremy Gans Profile picture
29 Oct
"I was recently made aware that comments have been made in a number of student and lawyer forums to the effect that I am “anti-trans” and “anti-sex worker,” accompanied by expressions of concern about the University’s request that I serve as Dean pro tem": allard.ubc.ca/about-us/blog/…
(I have very slight personal knowledge about this - I 'visited' UBC for a couple of days in 2014 when a SCC sex work decision was being much discussed, and saw Janine Benedet and others speak at a forum, voicing support for the Scandinavian model.
I didn't agree with some of the analysis - there were some wrong things said about Australia, I thought - but it was all entirely standard academic discussion, and very provocative too. I still recall the interesting question: 'Can consent to sex be bought?')
Read 6 tweets
Jeremy Gans Profile picture
29 Oct
“And to think Hearsay missed the biggest omen tip of all. Justice Bell and Justice Gleeson share the same birthday – March 7.” afr.com/companies/prof…
“the race for the Bell vacancy came down to Gleeson and another NSW Federal Court judge – the South Australian native, but now NSW resident, Wendy Abraham.”
“It ended up being an easy choice, especially with Howard in Gleeson's corner. The Nettle vacancy was a much closer-run thing. Cabinet couldn't settle on his replacement at a meeting last Wednesday so they came back for another go on Monday.”
Read 8 tweets
Jeremy Gans Profile picture
29 Oct
"These definitions are so wide that soil or sediment may constitute a pollutant and placement of such material in the bed of a dry gully may constitute water pollution.": caselaw.nsw.gov.au/decision/1751e…
"In the present case the charges have been particularised in a manner that does not involve the alleged pollutant having entered any body of water, either flowing or still. The so-called “likely pollution charges” do not even involve the soil having actually reached a dry bed".
"it does not follow from recognising the construction as a single engineering project that one may regard numerous individual acts, committed in the course of that project and of a kind that s 120 forbids, as an “overall transaction” from the point of view of criminal pleading."
Read 9 tweets

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