Dr Christopher Ward SC and Madeleine Bridgett appeared for the successful applicant in a habeas corpus application made on an urgent basis to the Federal Circuit and Family Court of Australia in GMZ18 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FedCFamC2G 335. The Court found that the applicant’s immigration detention was unlawful and ordered the immediate release of the applicant. This case considers the effect of the judgments in Chu Kheng Lim v The Minister for Immigration, Local Government and Ethnic Affairs (1992) 176 CLR 1 and NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37, including the scope of the constitutional limit to lawfully detain. The Court concludes that the relevant principle in Lim as espoused in NZYQ applies. The judgment can be found here.
First Climate Change Judgements Handed Down By The European Court of Human Rights
On a landmark day, on 9 April the European Court of Human Rights delivered its first ever judgments on climate change cases.
On an application brought by an association of older Swiss women, the Grand Chamber of the Court found that the European Convention on Human Rights encompasses a right for individuals to effective protection by State authorities from the serious adverse effects of climate change. The Grand Chamber held that Switzerland, which had critical gaps in its regulatory framework and had failed to meet its past emission reduction targets, had violated the Convention.
An application brought by six Portuguese youths against 33 European countries was, however, declared inadmissible, on the basis that the applicants were only within the jurisdiction of Portugal and had not exhausted domestic remedies there.
An application brought by a French former mayor was also declared inadmissible on the basis that he no longer had relevant links to the municipality.
Richard Reynolds was part of the team of barristers representing the Portuguese youths.
The Grand Chamber's judgments have received significant press attention worldwide, including in the UK and Australia.
AI cannot be an inventor Article by Andrew Horne
AI cannot be an inventor: Thaler litigation update by Andrew Horne was recently published in the Law Society of NSW Journal.
The article provides an analysis of Thaler v Comptroller-General of Patents, Designs and Trade Marks [2023] UKSC 49 in which the UK Supreme Court found that an artificial intelligence system cannot be an ‘inventor’ for purposes of being granted a patent and how that decision might have implications for future Australian proceedings in which that issue is raised.
A preview to this article can be found here.
DOYLES GUIDE 2024 RANKINGS
6 St James Hall members, Ian Neil SC, Michael Seck, Maurice Baroni, Ken Brotherson, Bronwyn Byrnes, Martin Watts and Prue Bindon have been individually recognised in their respective expert areas of law, Employment and Workplace Health and Safety by Doyles Guide in their NSW and ACT 2024 rankings.
Our recognised counsel have extensive experience in providing strategic advice to public and private sector employers, unions and individuals and are also recognised experts in conducting workplace investigations. They appear throughout Australia in all courts, the Fair Work Commission, the Australian Human Rights Commission, as well as a wide range of tribunals and mediations.
Please click here to see a full list of their rankings for 2024.
Enquiries to retain any of our barristers including availability and urgency, can be discussed with the chambers’ Clerk and Practice Manager, Nora Faulua.
The South Africa ICJ Genocide Case Against Israel
On 26 January 2024, the International Court of Justice indicated provisional measures against Israel in respect of South Africa’s allegation that Israel is in breach of the Genocide Convention in its ongoing military operations in Gaza.
This Thursday 7 March 2024, Dr Katherine Fallah, barrister at 6 St James Hall Chambers and law lecturer in international criminal law and the laws of war, joins ANU Associate Professor Ntina Tzouvala and Australian Centre for International Justice director Rawan Arraf in a virtual panel discussion on the decision, hosted by the Australian National University College of Arts and Social Science’s Centre for Arab and Islamic Studies.
Please click here to register for the event.
CPD Seminar: Insights for Government Lawyers
Insights for Government Lawyers – a CPD seminar is be held on 4 March which will cover the latest in public law, accountability and transparency for government lawyers, and much more. The CPD seminar will be chaired by 6 St James Hall counsel, Michael Rennie and hosted by Legalwise Seminars.
Michael Rennie specialises in public and commercial law with particular focus on regulatory matters, matters involving the management of sensitive information and commercial disputes, particularly those involving the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law.
Please click here to register for the CPD seminar.
COVID-19 VACCINE MANDATES FOR QUEENSLAND HEALTH WORKERS RULED 'UNLAWFUL'
The Queensland Supreme Court has today delivered judgment in the matter of Witthahn v Wakefield in which the Direction mandating health workers in Queensland to receive the Covid-19 vaccine was challenged. The Court has found the Direction to be of no effect, and has ordered that no workers be forced to comply with the vaccination policy. Dr Christopher Ward SC of 6 St James Hall Chambers appeared for Mr Witthahn and other health workers in the proceedings, leading Phillip Santucci and Kathleen Morris.
Reasons for the decision can be found here.
New Editorial Consultant Appointed to the Australasian Dispute Resolution Journal
Robert Angyal SC has recently been appointed as one of the four new editorial consultants to the Australasian Dispute Resolution Journal. The journal features articles that provide insight into the broad spectrum of dispute resolution methods in Australia, and overseas jurisdictions.
Robert was a foundation member of the Law Society of NSW’s Dispute Resolution Committee and was a foundation member and former Chair of the NSW Bar Association’s Mediation Committee. Robert is an accredited mediator and an approved arbitrator for the NSW Bar Association.
Congratulations to Robert and best of wishes in this new appointment.
UNLAWFUL ADVERSE ACTION BY Bureau of Meteorology
On 9 February 2024 Judge Humphreys handed down his Honour’s decision in Chambers v Commonwealth of Australia (Bureau of Meteorology) [2024]FedCFamC2G 100. Ms Chambers established four contraventions of the Fair Work Act, being that:
- the Commonwealth (BOM) breached s. 340 of the Act by making her position excess in a restructure and again by her dismissal, with such actions taken because Ms Chambers exercised her workplace rights; and
- two breaches of the BOM’s enterprise agreement.
The matter demonstrates the importance of conducting a detailed examination of decision-makers' evidence in adverse action cases, and how an employer may not discharge its onus when such witnesses' evidence is unsatisfactory or unreliable.
6 St James Hall counsel Michael Whitbread, appeared for Ms Chambers, led by Tom Brennan SC and instructed by Maurice Blackburn Lawyers. Michael Whitbread also appeared for Ms Chambers in the matter in the Fair Work Commission before DP Beaumont in Jasmine Chambers v Commonwealth of Australia (Bureau of Meteorology) [2021] FWC 4622, who found that Ms Chambers had been dismissed by the Commonwealth (BOM).
The matter has been reported in the Sydney Morning Herald, Financial Review and The Saturday Paper.
Reasons for the decision in each matter can be found below.
Fair Work Commission decision.
Federal Circuit and Family Court of Australia, reasons for judgment.
Legal 500 Rankings 2024
Legal 500 have recently released their Australia Bar rankings, for sets of chambers and individual barristers. 6 St James Hall have been ranked as a set of chambers in the practice area of Commercial Disputes.
Members, Dr Christopher Ward SC, Ian Neil SC, Tim Castle SC, David Rayment SC and Michael Seck, have been individually recognised in their expert areas of law, Commercial Disputes.
The barristers of 6 St James Hall Chambers' Commercial Disputes Resolution practice area, are leading advocates of the Australian Bar, with expertise in a wide range of disputes, including commercial corporate and industrial disputes, financial services, insolvency, franchising and international law.
They appear for clients from a range of sectors including retail, financial services, energy and resources, pharmaceuticals, leisure and gaming, superannuation funds, aged care, manufacturing, property development and management including individuals and international companies.
Enquiries to retain any of our barristers including availability and urgency, can be discussed with the chambers’ Clerk and Practice Manager, Nora Faulua.
CHAMBERS AND PARTNERS 2024 RANKINGS
Chambers and Partners have recently released their 2024 Rankings.
6 St James Hall Chambers as a set has been ranked under Dispute Resolution: The Bar 2024.
Members Ian Neil SC and Michael Seck have each been ranked individually in their expert areas of law, Employment: The Bar.
A full list of ranking tables can be found here.
Any queries about availability and/or rates can be put forward to the Clerk and Practice Manager of Chambers, Nora Faulua.
50 Human Rights Cases That Changed Australia
Last week was the Melbourne launch of 50 Human Rights Cases that Changed Australia, a book authored by 6 St James Hall barrister Lucy Geddes with Hamish McLachlan. Over 100 people attended the launch which was generously co-hosted by Allens and Fitzroy Legal Service. Opening remarks by Victoria Legal Aid CEO Louise Glanville, a panel discussion featuring the authors and moderated by public commentator Jon Faine AM, and closing remarks by former Supreme Court Justice Kevin Bell, a leader of human rights jurisprudence in Victoria.
Published by Federation Press earlier this year, 50 Human Rights Cases that Changed Australia is the first book of its kind, and summarises Australia’s 50 most significant and influential human rights cases. Each summary also includes commentary situating the case in its social and political context, and critical analysis of the case’s impact. The cases include landmark human rights cases from all Australian states and territories. They range from the seminal freedom of expression and First Nations land rights cases of the 1990s, to lesser-known earlier cases on civil liberties and criminal procedure and more recent advances in LGBTIQA+ rights, environmental rights, and the rights of people with disabilities.
The book’s foreword was written by the Hon Michael Kirby AC CMG who described it as a ‘courageous, innovative and novel text’.
The book can be purchased directly from Federation Press here.
Dr James Stellios, appointed as a Fellow of the Australian Social Sciences Academy
6 St James Hall Chambers congratulates Dr James Stellios on his recent appointment as a Fellow of the Australian Social Sciences Academy.
Dr Stellios is one of Australia’s leading expert barristers in constitutional law who appears in superior courts and tribunals for governments, regulators, public instrumentalities, corporations and private individuals. Dr Stellios’ continues his contribution to the field of law as Head of the Australian National University Law School and a Fellow of the Australian Academy of Law as well as having published books and edited collections, including Zines and Stellios's The High Court and the Constitution and The Federal Judicature: Chapter III of the Constitution.
It is an outstanding achievement and a well-deserved recognition, Congratulations.
Landmark High Court Decision Regarding Indefinite Immigration Detention
The landmark High Court case of NZYQ v Minister for Immigration has held that indefinite immigration detention under the Migration Act is unconstitutional. The decision overturned a 20-year precedent and will result in the release of dozens of individuals held in indefinite detention.
Dr James Stellios, who was instructed by Allens, appeared for the plaintiff.
The case has been widely reported nationally and internationally, including in the Guardian, ABC and BBC.
The High Court’s reasons for its orders will be published in due course.
KATRINA DAWSON AWARD 2023
Congratulations to Lucy Geddes who is the recipient of the Katrina Dawson Award for 2023. The Award honours Katrina who was tragically lost in the Lindt Café siege, and is to encourage and support the participation of women at the NSW Bar.
Lucy Geddes practices in the areas of public law, commercial law, criminal law and has particular expertise in human rights.
Please click here to read the announcement made by the NSW Bar Association.
Congratulations Lucy.
ADMISSION TO THE BAR OF THE US FEDERAL COURT
6 St James Hall Chambers congratulates Senior Counsel, Tim Castle SC for his admission to the bar of the US Federal Court for the Eastern District of New York at Brooklyn.
Tim has a broad commercial practice as a trial and appeal advocate. His experience spans a wide range of large and complex commercial cases, specifically in financial services, corporations, insolvency, competition law, franchising, and insurance disputes.
Congratulations Tim!
To read more about Tim Castle SC, please click here.
Enquiries about availability can be sent to his Practice Manager, Nora Faulua.
Capital Punishment Justice Project Fundraiser
6 St James Hall Chambers had the pleasure of hosting a fundraising event for the Capital Punishment Justice Project (CPJP), challenging the death penalty across Asia. Speakers of the night included the Honourable Michael Kirby AC CMG, patron of CPJP and our special guest, as well as Luke Cook, a death row exoneree. We also had a panel discussion with Kirsten Han and Dobby Chew by AVL, moderated by Dr Christopher Ward SC, CPJP Ambassador.
CPJP provide direct assistance to people and families who face the death penalty; and they develop legal and policy solutions that help save lives.
To support CPJP continue their imperative work to ensuring that Australia is a leading voice on abolition, please consider donating by clicking on the link below.
Welcome to Lucy Geddes and Andrew Horne
St James Hall Chambers welcomes two new readers, Lucy Geddes and Andrew Horne.
Lucy Geddes practices in the areas of public law, commercial law, and criminal law. She has particular expertise in human rights and maintains an international human rights consultancy practice. Prior to coming to the Bar, Lucy worked on issues relating to access to justice for over 10 years in Victoria, NSW, South Africa, England, the Netherlands and Sri Lanka. To read more about Lucy Geddes please click here.
Andrew Horne practices in the areas of technology, data security and privacy, accounting and cross‑border litigation. In addition to being admitted as a barrister in New South Wales, Andrew is also admitted as an attorney in New York and as a solicitor in England & Wales and Scotland. To read more about Andrew Horne, please click here.
Welcome to both Lucy and Andrew.
The Modern Contract of Employment - Third Edition
The Modern Contract of Employment Third Edition by 6 St James Hall Chambers, Senior Counsel, Ian Neil SC together with David Chin SC and Christopher Parkin of 5 Wentworth has recently been published.
The third edition is revised to consider in detail the recent landmark High Court cases like WorkPac Pty Ltd v Rossato; Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd; and ZG Operations Australia Pty Ltd v Jamsek.
This book is available from Thomson Reuters.
European Court of Human Rights hears landmark climate change case
On Wednesday, 27 September 2023 the Grand Chamber of the European Court of Human Rights will hear the application of six Portuguese youths against 32 of the major emitting States of the Council of Europe.
The applicants claim that the failure of the respondent States to sufficiently regulate and limit greenhouse gas emissions violates certain of their rights under the European Convention on Human Rights. Richard Reynolds is a member of the team of barristers appearing for the applicants.