Re Webster: Members of Parliament, Pecuniary Interests and Disqualification – A Background

At the heart of the High Court challenge to Bob Day’s qualification to contest the Double Dissolution election of 2016 lies the case of Senator James Webster in 1975. Contentious at the time in the midst of wider political controversy, and thought potentially capable of opening up to scrutiny all manner of contractual arrangements, including residential leases, held between MPs and the Commonwealth, the relevant clause was narrowly interpreted by a single judge of the High Court and benefit of the legal doubt given to the Senator.

Since then, it has been the subject of criticism, and may well be overturned in the course of current proceedings. In its submissions in the current case, the Commonwealth has argued that, while Bob Day would fall foul even if the case were applied, Re Webster was too narrowly decided. Herewith the background to the original case, and its aftermath. Continue reading “Re Webster: Members of Parliament, Pecuniary Interests and Disqualification – A Background”

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A History of the Sir Garfield Barwick Address

The Sir Garfield Barwick Address is a lecture organised by the Legal Professional and Policy Branch of the NSW Liberal Party. Intended to honour the former barrister, Liberal Attorney General, Minister for External Affairs, and Chief Justice of the High Court of Australia, it has been held at Sydney’s Castlereagh Hotel since 2010.

Until now, the speakers have largely consisted of lawyer-politicians, who either served with Sir Garfield, or followed in his tradition. Speakers have included the former Prime Minister, John Howard, three Commonwealth Attorneys-General and a Chief Justice of the High Court. Future speakers are said to include former High Court justice, Ian Callinan, and a former associate to Sir Garfield, Garry Downes, a former Federal Court judge and President of the Administrative Appeals Tribunal. Continue reading “A History of the Sir Garfield Barwick Address”