The Tuning Cymbal

Foreword The Honourable Kevin Lindgren AM QC FAAL Notes on the CommentatorsTable of Cases Table of Statutes Acknowledgements An introduction to Justice Robert Shenton French AC Prof Robert Pascoe

Part A: Indigenous Issues Commentator: Prof Megan Davis1. 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 FAAL19. 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 Bathurst27. Judicial Exchange: Debalkanising the Courts 28. The Changing Face of Judicial Leadership – A Western Australian Perspective

Part J: Legal Education Commentator: Prof Carolyn Evans FASSA29. Legal Education in Australia – A Never Ending Story Index