2019 Constitutional Law Conference and Dinner

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Art Gallery of New South Wales
Gilbert + Tobin Centre of Public Law
8.30 am - 5.00 pm
Fri, 2019-02-15

The 2019 Constitutional Law Conference and Dinner was the eighteenth consecutive staging of this flagship event. It was held at the Art Gallery of New South Wales on Friday 15 February 2019. Participants at this event were updated on recent important developments in the High Court, Federal Court and State Courts and the surrounding issues that will emerge in 2019 and beyond. This event was organised by the Gilbert + Tobin Centre of Public Law at the Faculty of Law, UNSW, with the support of the Australian Association of Constitutional Law.

Here are the conference brochures with program:
Professor Gabrielle Appleby and Justice Mark Moshinsky delivered the morning keynotes on the year in constitutional law in the High Court, and in the Federal and State Courts, respectively. The cases covered in Sessions 2 and 3 were Unions NSW No 2 and the abortion clinic safe access zone cases from Tasmania and Victoria (implied freedom of political communication); the section 44 cases of Re Gallagher and Alley v Gillespie; two cases about alleged inconsistency between Federal and Territory laws; the Timber Creek native title compensation case; and Minogue v Victoria (statutory interpretation, the Victorian Charter and parole). The Session 2 and 3 speakers were Joshua Thomson SC (newly appointed WA Solicitor-General), Professor Anne Twomey, Associate Professor Julie Debeljak, Associate Professor Sean Brennan and barristers Frances Gordon and Houda Younan. Session 4 featured Associate Professor Jason Bosland (open justice and suppression orders), Professor Lyria Bennett Moses (automated decision-making and the rule of law) and Fred Chaney AO (Uluru Statement from the Heart).

The Conference Dinner was held at NSW Parliament House, where the dinner speaker was the Hon Justice Joe Williams.


Session 1 - The Courts on Constitutional Law: The 2018 Term
Professor Gabrielle Appleby
The Hon Justice Mark Moshinsky
Chair: Associate Professor Sean Brennan

Session 2 - Recent Cases
Professor Anne Twomey
Ms Frances Gordon
Mr Joshua Thomson SC
Chair: Emeritus Professor Rosalind Croucher AM

Session 3 - Recent Cases
Ms Houda Younan
Associate Professor Sean Brennan
Associate Professor Julie Debeljak
Chair: The Hon Justice Lea Armstrong

Session 4 - Contemporary Challenges for the Constitutional Framework and the Rule of Law
Associate Professor Jason Bosland
Professor Lyria Bennett Moses
The Hon Fred Chaney
Chair: Professor Rosalind Dixon


Professor Andrew Lynch, UNSW
The High Court on Constitutional Law: The 2018 Statistics
Summary Analysis and Tables

The Hon Justice Mark Moshinsky, Federal Court of Australia
The Federal and State Courts on Constitutional Law: The 2018 Term

Professor Anne Twomey, University of Sydney
Spending Caps on Third Party Campaigners in State Elections: Unions NSW v NSW (No 2)
Powerpoint sildes

Ms Frances Gordon, NSW Bar
Safe Access Zones Around Abortion Clinics and the Implied Freedom of Political Communication: Clubb v Edwards; Preston v Avery
Powerpoint slides

Mr Joshua Thomson SC, Solicitor-General of Western Australia
Section 44, Reasonable Steps and Parliament’s Authority to Decide Qualification Issues: Re Gallagher; Alley v Gillespie
Speaking notes

Associate Professor Sean Brennan, UNSW
Just Terms for the Extinguishment and Impairment of Native Title: The Timber Creek Compensation Case
Powerpoint slides

Associate Professor Julie Debeljak, Monash University
Statutory Interpretation, the Victorian Charter and Parole: Minogue v Victoria
Powerpoint sides

Professor Lyria Bennett Moses, UNSW
Automated Decision-Making and the Rule of Law
Powerpoint slides