Writer
Ian Cunliffe
Lawyer, formerly senior federal public servant (CEO Constitutional Commission, CEO Law Reform Commission, Department of PM&C, Protective Security Review and first Royal Commission on Intelligence and Security; High Court Associate (1971) ; partner of major law firms. Awarded Premier's Award (2018) and Law Institute of Victoria's President's Award for pro bono work (2005).
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Covid: How are we going? Facts and spin
Impressions can be more important than the facts – that was the case even before Trump demonstrated that a good tweet is worth a thousand facts. Continue reading »
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We the people have a right to know.
Two issues largely treated as separate have got increasing attention in Australia this Millennium. The first is whether the activities of governments are sufficiently transparent, whether a lack of transparency breeds incompetence and corruption, and whether we need a federal ICAC. The second is about what used to be referred to as the Official Secrets Continue reading »
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Following up on Otto and Eric Abetz
A Google search for the German-born Abetz’ condemnation of the Nazis produced very little, except that, according to Wikipedia, his great uncle, Otto Abetz, was a convicted war criminal, a Nazi SS officer and the German ambassador to Vichy France. Continue reading »
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Dan Oakes, Witness K and Bernard Collaery
Dear Commonwealth Director of Public Prosecutions, please demonstrate that the decisions whether or not to prosecute, and the decisions to continue the prosecutions of Collaery and K, are not influenced by possible political advantage, disadvantage or embarrassment to the Government. Please apply the Prosecution Policy to the facts in front of you, uninfluenced by what Continue reading »
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Abetz fearlessly proclaims he is not a Fascist by birth
Likely, none of the three distinguished Australians of Chinese ethnicity appearing a Senate committee hearing expected to be comprehensively done over by two ideologues from the Australian right – Senators Eric Abetz and Concetta Fierravanti-Wells. Continue reading »
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Will the US survive the next three months of Trump?
There’s a terrible prospect that few seem strong enough to contemplate. Sensible people who care about the future of the USA should hope that Joe Biden wins the vote on 3 November by a landslide. Otherwise literally terrible outcomes are real prospects. Continue reading »
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Why the resistance to a national anti-corruption commission?
Scott Morrison and Christian Porter are insisting that a new federal integrity body could not look at old corruption. What is that about? Is it because there are skeletons in too many people’s closet? Is it the extent to which Alexander Downer and other senior officials benefitted financially from their activities during the Australian Government’s Continue reading »
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Australian Values for new citizens
Last month the acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, Alan Tudge announced that from November, there will be an updated Australian Citizenship Test which for the first time will include a section on Australian values. Continue reading »
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Is the Foreign Interference Law just about China?
Having on the statute books a very serious crime, committed by dozens of people every day but which is only enforced selectively, is a grave breach of the Rule of Law. It gives the government the power to criminalise the actions of a few and not those of the majority. Continue reading »
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“Disgraceful” Tudge puts him self above the law
Late last month, the Federal Court’s found that Minister, Alan Tudge engaged in criminal conduct by keeping an asylum-seeker in detention and depriving of his liberty for five days in defiance of an order by the Administrative Appeals Tribunal that the man be released. Continue reading »
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Sports rorts and muddy waters
Last summer, just like much of the country, the federal political landscape was ablaze. Scott Morrison was caught out taking a secret holiday in Hawaii; and those who weren’t evacuating from bushfires were very angry about sports rorts. Continue reading »
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Christian Porter has shown himself unfit to be federal Attorney–General
By his response last week to the Federal Court’s finding that Immigration Minister Alan Tudge engaged in criminal conduct by detaining an asylum-seeker for five days in defiance of an order by the Administrative Appeals Tribunal (AAT), Christian Porter has shown himself unfit to be federal Attorney–General. Continue reading »
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Banks behaving badly again and get only a rap over the knuckles
Westpac has agreed to pay $1.3 billion for breaching anti-money laundering and counter terrorism financing laws more than 23 million times. That is a lot of money. But it translates to just $56.52 per offence. AUSTRAC says it send a strong message to the banks. Continue reading »
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The Foreign Interference law is more a political stunt. But what about Rupert Murdoch’s foreign interference?
Rupert Murdoch and NewsCorp are currently campaigning to have the ABC neutered. Murdoch is a foreigner, as NewsCorp would seem to be. Australians and others are allegedly doing Murdoch’s bidding, with the intention to “influence a political or governmental process”; or “to influence the exercise … of an Australian democratic or political right or duty”. Continue reading »
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Australian values and obligations: a follow up
We often hear politicians spouting about ‘mutual obligation” – usually in the context of Centrelink benefits or the like. The emphasis seems always to be on what the recipient of benefits must do – not on the obligation of Centrelink or the Government. Continue reading »
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Australian values: what are they and what has Covid done to them?
Australia is the only common law country with neither a constitutional nor federal legislative bill of rights. Only a few rights are constitutionally protected. For the most part, we have all the rights that Parliament and the common law have not yet taken away. Continue reading »
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Juukan Gorge – the thick plotens
Under cross-examination, Federal Environment Minister, Sussan Ley made two major admissions on ABC Radio National last Friday over the destruction of the two ancient Aboriginal rock shelters at Juukan Gorge. The shelters had been inhabited for 46,000 years, and now will become bits of iron and steel. Continue reading »
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The atrocious foreign interference law – It doesn’t add up
When, for example, the Australian Strategic Policy Institute (ASPI) receives grants from the US State Department to undertake research projects it is an admission that it is engaging in conduct on behalf of a foreign principal. Continue reading »
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Robodebt and suicide
Department head stubbornly avoids answering questions on the role of Robodebt and the death of Australians and whether she apologised for those deaths. Continue reading »
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Judicial independence: the Nazi or the Australian way?
In an age when the Parliament nearly always does the bidding of the elected government and in a country which, uniquely amongst democratic nations, has no Bill of Rights, the courts are vitally important as a protection against arbitrary power. Continue reading »
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How big government and big companies erect communications barriers
We can’t communicate with the entity except on terms dictated to us, and those terms are often weighted against us. This trend is so universal it must be deliberate. It surely increases disillusionment and even anger. Continue reading »
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The life and times of Robodebt and its victims
On 4 August, my article described the surprising criminal law traps which lie in wait for anyone who is robust towards Centrelink in their defence of Robodebt victims. Continue reading »
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True crime confessions – being rude to Centrelink
Last year, a Senate inquiry into RoboDebt was told that more than 2000 people died after receiving their initial RoboDebt letter, many apparently by suicide. I act for numerous RoboDebt clients. Continue reading »
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1975 and all that
45 years have passed since the most controversial crisis in Australian political history – the dismissal of the Whitlam Government by the Governor-General on 11 November 1975. But it was not the first dismissal of an elected government by a vice-regal figure in Australia. Continue reading »
