Tag Archives: justice

Is Arbitral Justice Blind? The Conflict of Laws and International Commercial Arbitration

It’s a fundamental principle of developed legal systems that justice is blind. This is often represented by the blindfolded Lady Justice. Objectivity is key to the determination of legal disputes, and parties’ rights and obligations. International commercial arbitration plays an important role in the resolution of cross-border commercial disputes. Rather than submitting their disputes to […]

Victorian homicide law reforms ensure just responses to violence

This article was first published on The Conversation on 26 June 2014. Victorian attorney-general Robert Clark today introduced a bill into parliament that repeals the offence of defensive homicide. The bill signifies a significant step forward in ensuring just responses to lethal violence in the state’s criminal court system. While reforming homicide law has been a long […]

The injustice of the provocation defence in NSW continues…

On Friday, Yassir Ibrahim Mohamed Hassan was sentenced in the NSW Supreme Court to a maximum term of 12 years imprisonment, with a non-parole period of nine years, for the manslaughter of his wife, Mariam Henery Yousif. Hassan’s case is a stark reminder of the injustices caused by the partial defence of provocation, which continues […]

Practical Lessons, Fair Consequences

The Victorian Department of Justice recently released a discussion paper calling for community input into the design and implementation of diversion programs for young people engaged in the criminal justice system. Unlike many jurisdictions in Australia, Victoria has not adopted a legislative, court-based diversion scheme for addressing crime committed by children and young people. The […]

Another test for Australia-Indonesia relations

The Australian Federal Police announcement that it will investigate charges of war crimes against perpetrators of the murder of five Australian based journalists in the East Timorese town of Balibo in 1975 has put a legal cat among the diplomatic pigeons. Already senior Indonesian politicians have objected, saying they will not cooperate with such an […]