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The Tuning Cymbal
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The Tuning Cymbal

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ISBN 9781760022402. Published June 2020.
This collection of papers and speeches draws on the career of one of Australia’s leading jurists, the Hon Robert French AC. The book is divided into ten parts, each reflecting an aspect of French’s career such as Indigenous issues, human rights, public law, commercial dispute resolution and the judicial system. French’s contributions are put into context through commentaries by leading legal academics and practitioners including Professor Megan Davis, Fiona McLeod AO SC, Professor Anne Twomey, Chief Justice Sundaresh Menon and Chief Justice Tom Bathurst AC. The result is a rich and polyvocal account of French’s contribution to the law. From the book: “Here was Chief Justice French in 2009 stating unequivocally that the Mabo decisions and the Native Title ACT recognised Indigenous rights without undermining Australia’s sovereignty and could provide the basis for a treaty agreement: Such an agreement could recognise and acknowledge traditional law and custom of indigenous communities across Australia, their historical relationship with their country, their prior occupancy of the continent and that there are those who have maintained and asserted their traditional rights to the present time. … I ripped this brief SMH extract featuring Robert French’s comment out of the newspaper. I carried it many places with me, as PhD students tend to do. It was a reminder to me, as an Aboriginal public lawyer who was specialising in constitutional law, that I had to keep some faith with the institutions that I had studied.” – Professor Megan Davis Publication sponsored by The Australian Academy of Law. CONTENTS Foreword The Honourable Kevin Lindgren AM QC FAAL Notes on the Commentators Table of Cases Table of Statutes Acknowledgements An introduction to Justice Robert Shenton French AC Prof Robert Pascoe Part A: Indigenous Issues Commentator: Prof Megan Davis 1. Native Title – A Constitutional Shift? 2. Simple Justice – Recognition and Sovereignty Part B: Human Rights, Diversity and Access to Justice Commentator: Fiona McLeod AO SC 3. Equal Justice and Cultural Diversity – The General Meets the Particular 4. Rights and Freedoms and the Rule of Law 5. Access to Justice – Indispensable to Equal Justice Part C: The Profession Commentator: Jennifer Batrouney QC 6. Don’t You Know Who I Am? – Ego and Identity in the Administration of Justice 7. It’s Not Whether You Win or Lose 8. Singers of Song and Dreamers of Plays 9. Legal Change – The Role of Advocates 10. Seeking Higher Things in Higher Education – The Case of the Lawyers Part D: Public Law Commentator: Prof Anne Twomey 11. The Constitution and the People 12. The Chief Justice and the Governor-General 13. Judge Bridlegoose, Randomness and Rationality in Administrative Decision-making 14. The Globalisation of Public Law – A Quilting of Legalities 15. The Principle of Legality and Legislative Intention Part E: Comparative Law Commentator: Em Prof Cheryl Saunders AO FBE 16. Home Grown Laws in a Global Neighbourhood – Australia, the United States and the Rest 17. The Rule of Law as a Many Coloured Dream Coat 18. Australia and the United Kingdom – A Bit Like Family – Much in Common but a Lot Different Part F: Intersections Commentator: The Honourable Kevin Lindgren AM QC FAAL 19. Science and Judicial Proceedings: 76 Years On 20. Are You Sure? 21. Judges and Academics – Dialogue of the Hard of Hearing Part G: Competition Law Commentator: Russell Miller AM 22. The Role of Courts in Competition Law 23. The Moving Finger Writes: Having Writ, Rewrites Part H: Commercial Dispute Resolution – Domestic and International Commentator: Chief Justice Sundaresh Menon 24. Arbitration and Public Policy 25. Convergence of Commercial Laws – Fence Lines and Fields 26: Public and Private Spaces – Dispute Resolution in International Trade and Commerce Part I: The Judicial System Commentator: Chief Justice Tom Bathurst 27. Judicial Exchange: Debalkanising the Courts 28. The Changing Face of Judicial Leadership – A Western Australian Perspective Part J: Legal Education Commentator: Prof Carolyn Evans FASSA 29. Legal Education in Australia – A Never Ending Story Index
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