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Jeremy Gans Profile picture
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31 Oct, 2 tweets, 5 min read
@RanTLaw @Bedeapk @Dr_Joe_McIntyre @DrKatyBarnett @ohhooboy @shanegstewart @steve_mcdee @mweather2010 @mrolandhill @MrNJBaum @juliettemm Yes. A pity Kirby sat that one out.
@RanTLaw @Bedeapk @Dr_Joe_McIntyre @DrKatyBarnett @ohhooboy @shanegstewart @steve_mcdee @mweather2010 @mrolandhill @MrNJBaum @juliettemm (Although, Kirby joined in this haughty nonsense a year earlier: classic.austlii.edu.au/au/cases/cth/H….)

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More from @jeremy_gans

Jeremy Gans Profile picture
2 Nov
Curfew decision now up: classic.austlii.edu.au/au/cases/vic/V….
"The Curfew was a major restriction of human rights and liberties of the free people of Victoria. No instance of a curfew being imposed by the Executive exists in living memory. Curfews are normally imposed to control civil disturbances and widespread outbreaks of lawlessness."
"There can be legitimate debate about whether a public servant in Giles’ position, who is not the Minister, the Department Secretary or the Chief Health Officer, should be exercising an emergency executive power that may close down much of the State. "
Read 28 tweets
Jeremy Gans Profile picture
2 Nov
"The public entity self-reported the error to the FWO after it realised it had not been paying its casual library assistants weekend and public holiday rates and related superannuation contributions for two decades.": canberratimes.com.au/story/6994354/…
(I trust we'll get the usual journalist/tweeter calls for massive penalties, criminal prosecutions and public condemnation that are the norm for wage theft these days?)
"The National Library is also required by the EU to display an online notice detailing its workplace law breaches": fairwork.gov.au/about-us/news-….

I hope they specified 'active voice' detailing.
Read 5 tweets
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….
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

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