find the latest legal job
Legal Inhouse / Lawyer / Company Secretary
Category: Other | Location: Brisbane QLD 4000
· Fantastic Company · Potential to be Part Time / Flexible Work Pattern
View details
Part Time Risk & Compliance Officer
Category: Other | Location: Brisbane QLD 4000
· Brisbane City · Flexible Part Time Hours
View details
Infrastructure Lawyer/SA
Category: Construction Law | Location: Sydney CBD, Inner West & Eastern Suburbs Sydney NSW
· Global elite law firm · Dedicated Infrastructure team
View details
In-House Legal Counsel (Mid to Senior)| Regulated Markets (Energy and Gas)
Category: Generalists - In House | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· Full PD on Request · Exciting High Impact Role
View details
Family Lawyer
Category: Family Law | Location: Eastern Suburbs Melbourne VIC
· Boutique Firm · Great Reputation
View details
Ruddock denies attack on judiciary

Ruddock denies attack on judiciary

IN AN interview with Lawyers Weekly, Philip Ruddock has defended comments he made following court decisions to bail terrorism suspects. The comments were made following Brisbane magistrate…

IN AN interview with Lawyers Weekly, Philip Ruddock has defended comments he made following court decisions to bail terrorism suspects.

The comments were made following Brisbane magistrate Jacqui Payne’s decision to grant bail to terrorism suspect Mohamed Haneef, and a Melbourne court’s decision to bail two men charged with supplying funds to Sri Lanka’s Tamil Tigers.

Ruddock told reporters:

“If our understanding of the way in which the presumption against bail should operate ... is misunderstood, we will look at whether or not further amendments are required.

“I don’t wish to reflect upon decisions of judicial officers ... but they help us to understand how the law is being interpreted.

“If, on appeal, those decisions were upheld, the government might well want to give the courts some further advice as to how these issues ought to be addressed.”

Ruddock told Lawyers Weekly that the comments were not an attack on judicial independence, saying review of legislation is part of his role as Attorney-General.

“It is perfectly proper and appropriate and always the role of the Attorney-General in relation to each station for which he or she is responsible, to propose amendments,” he said.

“I haven’t criticised the judicial officer who came to the decision but what I have said is given the decision that was taken, we may want to address again the legislation which applies in this area.

“That’s not critical of the judiciary or the judicial office but what it is saying is that the Commonwealth can properly exercise its legislative function in the same way as the courts properly exercise the judicial function.

“The decisions made by judicial officers are made on the basis of legislation and if the parliament doesn’t like the decision reached, you aren’t being critical of the judge or magistrate in simply saying that the parliament may want to address the law again. I would be surprised if any lawyer worth his salt would fail to understand that distinction,” Ruddock said.

The charges against Haneef were dropped this afternoon and the Immigration Minister Kevin Andrews said he would be removed from immigration detention and allowed to return home, pending further investigations.

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Ruddock denies attack on judiciary
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Anti-radicalisation programs playing ‘second fiddle’ to terrorism laws
Several academics have questioned the balance between Australia’s counterterrorism legislation and...
 William Ah Ket
‘Bamboo ceiling’ thought piece wins inaugural law prize
A paper that explores the idea of affirmative action to achieve greater diversity among members of A...
Nov 22 2017
Reduced investment protections will make robust commercial arbitration mechanisms all the more critical for investors
Promoted by Maxwell Chambers. This article discusses the current trend away from investor protect...
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...