Amelia Simpson

Sweedman v Transport Accident Commission: State Residence Discrimination and the High Court's Retreat into Characterisation

The High Courts decision in Sweedman v Transport Accident Commission is discussed. The issue dealt with at greatest length in the judgments was the suggested conflict between New South Wales and Victorian enactments and the related suggestion that constitutional principles would enliven to resolve this conflict. The comment also includes the second issue, the potential application of the s 117 prohibition on state residence discrimination.

Grounding the High Court's Modern Section 92 Jurisprudence: The Case for Improper Purpose as the Touchstone

A crucial missing piece in the contemporary picture of section 92s make up, specifically between legislative purpose and practical effect in the identification of protectionist discrimination is highlighted. An emphasis on improper purpose represents a good alignment with section 92s history and rationale and responds credibly to standard concerns regarding the Courts capacity to administer the norm effectively.

Public Confidence in Judicial Institutions: Are We a Player Short? a review of The Australian Judiciary by Enid Campbell and H.P. Lee

ernment pursuing Conservative reforms) may not be so paradoxical when what matters is not only legitimacy, but a combination of real power and legitimacy. To Abel’s credit, however, the book also conveys a sense of the limitation of its own data (public statements in the media, leaving aside potentially important documents, such as internal governmental reports). The media needs to portray all change as rupture and cataclysm. Abel believes that the pace of significant change tends to be very slow—and yet change happens. Even if the reader is not systematically provided with facts about social forces and economic power that would contextualise rhetorical debates, chapter one does focus on why each party sought the changes it did; and other chapters certainly consider both the material interests of the contestants and the political and economic power they were able to bring to the conflict. That is especially true of efforts by the profession to resist the governments dramatic cuts of and changes in legal aid. Even if the data is limited, the book sparkles with exciting ideas. The issues it raises are obviously central to the great debates in contemporary economic sociology. Thanks to Abel’s writing and humour, I also greatly enjoyed reading it in spite of its length. In sum, this book is both a tool for historical analysis and political economy, a masterpiece in the sociology of the professions, and a necessary reference for economic sociologists.