ON CALL INTERPRETERS AND TRANSLATORS AGENCY PTY LIMITED v COMMISSIONER OF TAXATION (NO.3) [2011] FCA 366 (13 APRIL 2011)

Justice Bromberg has provided a useful summary of the applicable law in relation to the common dispute as to whether a particular person is an employee or an independent contractor. This case involved a challenge by On Call Interpreters and Translators Agency Pty Limited (On Call) against a finding by the Commissioner of Taxation that its interpreters and translators were properly characterised as employees . As a consequence of which On Call should have paid the superannuation guarantee charge on the remuneration it had paid. In reaching his conclusion, Justice Bromberg traversed the major authorities and tests established by the High Court and other senior courts . He supported the need to go behind the label parties may expressly place upon their relationship in order to determine its proper legal characterisation. [...] Continue Reading…

MICHAEL KIRBY ,PARADOXES – PRINCIPLES by AJ BROWN (THE FEDERATION PRESS 2011) This biography of Michael Kirby is a welcomed addition to anyone with an interest in the judiciary and Australian society. Dr Brown, a professor of public law at Griffith University has filled an important gap for judicial biographies. Biographies in Australia about judges are not common. Every US Supreme Court justice merits at least one biography. In Australia, one can point to major works about Sir Owen Dixon and Sir Garfield Barwick, however, beyond those two the attention of biographers on those who have sat on the High Court has been low. However, Justice Michael Kirby is in an entirely different category. He has been described as Australia’s first “celebrity judge”. Such a status was brought about by his willingness to write and speak profoundly on a broad range of issues . This excellent work covers many decades from the sixties to now. Relevantly, this book has been reviewed in this journal because Michael Kirby’s first appointment was when he was aged 35 to the Australian Conciliation and Arbitration Commission with the title of Justice. Although did not serve for very long in that industrial tribunal it was a springboard for him to establish his reputation as a public intellectual as Chairman of the Australian Law Reform Commission.

[...] Continue Reading…

This is a paper I presented at the Lexis Nexis 5th Annual Industrial and Workplace Relations National Conference 2011 Venue: PARKROYAL Hotel Darling Harbour

1. A star from the early Hollywood movies, Mae West was once asked “What is the problem with today’s youth?” To which she lasciviously answered, “The problem with today’s youth is that he doesn’t arrive until four this afternoon.” Under the Commonwealth’s Sex Discrimination Act 1984 that joke might be unlawful. That answer perhaps sums up the dilemma in the workplace of what is okay and what isn’t to discuss or do in the workplace in modern Australia

The definition of sexual harassment under the just mentioned Act is found in section 28A. [...] Continue Reading…

Josephine Kelly

From: The Australian May 13, 2011 12:00AM

AUSTRALIAN National University academic Desmond Ball recently highlighted one little-known feature of the life of former High Court judge Herbert Vere Evatt.

When he was minister for external affairs in the late 1940s, Evatt either knew about or turned a blind eye to alleged Soviet agents in his office.

Evatt was a Labor member of the NSW parliament from 1925 to 1930, a justice of the High Court of Australia from 1930 to 1940 and a member of the House of Representatives from 1940 to 1960, where he held offices including attorney-general, minister for external affairs and leader of the opposition. He was chief justice of the Supreme Court of NSW from 1960 to 1962. [...] Continue Reading…

"The Sapling" By: David O’Brien

This is my latest purchase from a recent exhibition called “Stepping on Cracks” by Australian artist David O’Brien. The exhibition was at the Damien Minton Gallery.

[...] Continue Reading…