Reform of Administrative Law Remedies — Method or Madness?

1975 ◽  
Vol 6 (2) ◽  
pp. 340-366
Author(s):  
David Mullan

In the past few years, the subject of administrative law remedies has been studied intensively in many common law jurisdictions. In this article, David Mullan examines the various reforms and proposals for reform and concludes that none is completely satisfactory and indeed that some compound previous problems and create new ones as well Nevertheless, he sees some merit in the New South Wales and Nova Scotia solutions which emerged as part of a general reform of the civil procedure rules and not as a separate statutory enactment.

1979 ◽  
Vol 7 (4) ◽  
pp. 29-29

Mr Robert Bellear, of Sydney, who is the subject of our cover picture, is the third Australian Aboriginal to become a fully qualified, university-educated barrister and, appropriately, was admitted to the New South Wales Bar on National Aborigines Day, July 13th, this year.Mr Bellear holds the degree of B. Juris. LLB. of the University of New South Wales, where he studied for five years. Earlier he had studied at Sydney Technical College to complete a matriculation certificate, qualifying him to undertake university studies.His wife, whom he married in 1966, is the former Miss Kay Williams, a Victorian. Mr and Mrs Bellear adopted three black children and fostered another three – two black teenagers and one white child – during his seven-year period of study.Mr Bellear was born at Murrumburrah, New South Wales, on June 27th, 1944, the second eldest in a family of nine children. When he was half-way through the fifth year of high school studies, he joined the Royal Australian Navy. During nine years of service in the Navy, he became a trade-fitter and turner, boiler-maker and deep-sea diver. He left the Navy in 1968, because of his attitude towards Australia’s involvement in the Vietnam War.Mr Bellear has been active in the Aboriginal movement for the past ten years and has held executive positions in organizations like the Aboriginal legal and medical services. He started a $3 million Aboriginal housing company in Redfern, an inner Sydney suburb with a large Aboriginal population, which now houses 60 Aboriginal families. He and his wife started the Aboriginal Children’s Service.


2017 ◽  
Vol 76 (3) ◽  
pp. 483-486 ◽  
Author(s):  
Paul S. Davies

Both interpretation and rectification continue to pose problems. Difficulties are compounded by blurring the boundary between the two. In Simic v New South Wales Land and Housing Corporation [2016] HCA 47, the High Court of Australia overturned the decisions of the lower courts which had held that performance bonds could be interpreted in a “loose” manner in order to correct a mistake. However, the documents could be rectified in order to reflect the actual intentions of the parties. This decision should be welcomed: the mistake was more appropriately corrected through the equitable jurisdiction than at common law. Significantly, the concurring judgments of French C.J. and Kiefel J. highlight that the law of rectification now seems to be different in Australia from the law in England. It is to be hoped that the English approach will soon be revisited (see further P. Davies, “Rectification versus Interpretation” [2016] C.L.J. 62).


Author(s):  
Anne Gray

Russell Drysdale was an Australian artist who created an original vision of the Australian landscape from the 1940s to the 1960s, portraying the emptiness and loneliness of the Australian outback and country townships in his paintings, drawings, and photographs. During World War II, he depicted everyday subjects, including groups of servicemen waiting at railway stations. He traveled numerous times to the interior of Australia, including a trip to record the drought devastation in South Western New South Wales in 1944, where he created images that convey the environmental degradation of the landscape. In 1947, he explored the Bathurst region with Donald Friend where he discovered Sofala and Hill End, an area that served as the subject matter for his art for a number of years. Drysdale painted many images of deserted country towns as well as brooding landscapes peopled with stockmen and station hands. In his paintings of Aborigines, Drysdale expressed a deep concern for the Indigenous people, often placing them within his paintings in a manner that conveys a sense of dispossession. His work was singled out by Kenneth Clark in 1949 as being among the most original in Australian art, and his exhibition at the Leicester Galleries, London, in 1950 convinced British critics that Australian artists had an original vision.


1887 ◽  
Vol 42 (251-257) ◽  
pp. 390-390

Since the transmission of the evidence of the large extinct species of Echidna ,the subject of the paper (‘Phil. Trans.,’ 1884, p. 273, Plate 14), the discoverer of the specimen, Ed. P. Ramsay, Esq., F. L. S., has prosecuted his researches in the “Wellington bone and breccia caves, New South Wales,” and has added to the mutilated subject of that paper an entire humerus, a large portion of the skull, the atlas vertebra, a tibia, and fragmentary evidences of other parts of the same skeleton—adding to the knowledge of a former existence in Australia of Echidna Ramsayi .


1883 ◽  
Vol 36 (228-231) ◽  
pp. 4-4

In this communication the author gives a description of a fossil humerus from the breccia cave of Wellington Valley, which repeats the characters of that bone in the existing monotrematous genus Echidna more closely than those of the same bone in any other known kind of mammal. The fossil, however, greatly exceeds in size that of the existing Australian species, Echidna hystrix , Cuv. The existence of, at least, two other kinds lately discovered living in New Guinea has been made known in memoirs by Professor Gervais and Mr. E. P. Ramsay, E .L .S.; these occupy, in respect of size, the interval between them and the Australian Ech. hystrix , but the subject of the present paper makes known the largest Monotreme hitherto discovered. Figures of the fossil in question, and of the corresponding bone of the smaller existing Australian kind, accompany the text. The fossil formed part of the series of remains obtained from the cave above cited, and was with them submitted to the author, who proposes to indicate the present acquisition by the name Echidna Ramsayi .


2002 ◽  
Vol 29 (2) ◽  
pp. 193 ◽  
Author(s):  
A. W. Claridge

The long-footed potoroo (Potorous longipes) is one of the rarest and most elusive forest-dwelling mammals in Australia. Survey effort for the species over the past decade or so in south-eastern New South Wales has been driven, primarily, by predictions derived from climatic analyses using BIOCLIM. These predictions were based on known locality records of the long-footed potoroo from adjacent East Gippsland, Victoria. While they have proven useful in confirming the occurrence of the species in New South Wales, recent fortuitous records of the species from north-eastern Victoria fall well outside of the range predicted earlier by BIOCLIM. Using these new records a revised predicted range is calculated, enlarging considerably the potential geographic extent of climatically suitable habitat for the species. The results presented here highlight the limitations of BIOCLIM when given locality records of a species from only a portion of its true geographic range. I argue that less emphasis might be based on this approach to direct survey effort for the species in the future. Instead, a range of other environmental variables might be used in combination with BIOCLIM-derived outputs when selecting survey sites. In this way a more representative picture of the distribution of the species may be obtained.


1886 ◽  
Vol 40 (242-245) ◽  
pp. 315-316 ◽  

In a scientific survey by the Department of Mines, New South Wales, of Lord Howe’s Island, fossil remains were obtained which were transmitted to the British Museum of Natural History, and were confided to the author for determination and description. These fossils, referable to the extinct family of horned Saurians described in former volumes of the “Philosophical Transactions" under the generic name Megalania , form the subject of the present paper. They represent species smaller in size than Megalania prisca , Ow., and with other differential characters on which an allied genus Meiolania is founded.


1802 ◽  
Vol 92 ◽  
pp. 348-364 ◽  

At the time I had the honour of laying before this learned Society, an anatomical description of the Ornithorhynchus paradoxus, (see page 67,) I did not attempt to point out any quadrupeds as being nearly allied to it, there being none at that time within my knowledge; but the discovery of another of the same tribe, which is the subject of the present Paper, enables me to trace one step further, in the gradation between that extraordinary animal and the more perfect quadruped. The subject from which the following description was taken, was sent from New South Wales, preserved in spirit. It is a male, and had arrived nearly at its full growth, as the epiphyses were completely united to the bodies of the bones, which is not the case in growing animals.


1995 ◽  
Vol 8 (1) ◽  
pp. 48-63
Author(s):  
Duncan Berry

Parliamentary counsel have long been criticised for the style of legislative texts, with readers claiming (often with some justification) that Acts of Parliament are difficult to read and understand. Parliamentary counsel in Australia have recognised the difficulties faced by users of Acts and, during the past seven or eight years, have by various means endeavoured to lessen those difficulties. This article outlines some of the initiatives that have been taken in Australia, and in particular in New South Wales, to make legislation more comprehensible to readers.


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