Friday 21 July 2017
Woodward Conference Centre
Melbourne Law School

8.30am Registration and coffee

Session One
Non-Statutory Executive Power


  • The Hon. Kenneth Hayne AC (former Justice High Court of Australia, Professorial Fellow, Melbourne Law School)


  • The Hon. Justice Stephen McLeish (Court of Appeal, Victoria)
  • Associate Professor Kristen Rundle (Melbourne Law School)
10.30am Morning Tea
Woodward Conference Centre Foyer


Session Two
Retrospectivity and the Rule of Law: Public Law Perspectives


  • Lorraine Finlay (Murdoch University)
  • Dr Brendan Lim (Eleven Wentworth, NSW Bar)
  • Associate Professor Dan Meagher (La Trobe University)
12.30pm Lunch
Woodward Conference Centre Foyer


Session Three
Proportionality since McCloy


  • Justin Gleeson SC (Banco Chambers, NSW Bar)
  • Professor Adrienne Stone (Melbourne Law School)
3.30pm Afternoon Tea
Woodward Conference Centre Foyer


Session Four
Chapter III and the Separation of Powers: A Retrospective on the 'French Court'


  • Emeritus Professor Jeffrey Goldsworthy (Monash University)
  • Professor James Stellios (Australian National University)
  • Julia Watson (Owen Dixon Chambers, Victorian Bar)
  • Emeritus Professor Fiona Wheeler (Australian National University)
5.30pm End of Conference
5.45pm Book Launch
Woodward Conference Centre Foyer

Dr Brendan Lim, Australia's Constitution after Whitlam (2017)

Launch by:

  • Laureate Professor Emeritus Cheryl Saunders AO (Melbourne Law School)
7.00pm Conference Dinner
UH@W, Level 10, Melbourne Law School

Courts and the Future of the Rule of Law


  • The Hon. Justice Michelle Gordon (High Court of Australia)

Bibliographies of Speakers

  • The Hon. Kenneth Hayne AC QC

    Kenneth Madison Hayne AC was appointed to the Court in September 1997. At the time of his appointment he was a judge of the Victorian Court of Appeal, having been appointed one of the foundation judges of that Court in 1995. He graduated in arts and law from the University of Melbourne. He was Victoria’s Rhodes Scholar in 1969 and graduated as a Bachelor of Civil Law from Oxford University.

    He joined the Victorian Bar in 1971, and was appointed a Queen’s Counsel in 1984. He practised in State and federal courts principally in commercial, constitutional and general civil matters. He was appointed a judge of the Victorian Supreme Court in 1992. Justice Hayne AC was appointed a Companion in the General Division of the Order of Australia in 2002.

  • Justin Gleeson SC (Banco Chambers)

    Justin has had over 30 years legal experience, as solicitor (1985 - 1988), counsel (1989 onwards), and Senior Counsel (2000 onwards). He was the founding head of Banco Chambers, Sydney (2005 - 2012). Most recently, he was the tenth Solicitor-General of the Commonwealth of Australia (2012 - 2016).

    He is a Fellow of the Australian Academy of Law, a Fellow of the Chartered Institute of Arbitrators, a Member of the Permanent Court of Arbitration and a prolific legal author.

    From 2017 Justin has returned to practice at the private bar, specialising in international law, international arbitration, constitutional law, appellate law and select commercial cases. He is available to appear as counsel, act as advisor, or sit as arbitrator or expert determiner, in both domestic and international matters.

  • Professor James Stellios (ANU & 6 St James Hall)

    Dr James Stellios is a Professor at the ANU College of Law. His primary research interest is constitutional law, and he has published widely in that field. He is the Director of the Centre for International and Public Law.

    James is also a barrister at the NSW Bar and has appeared as junior counsel in a number of High Court and lower court cases.

    Prior to joining the ANU, he spent a number of years in legal practice working for the Attorney-General's Department and the Australian Government Solicitor, principally in the area of constitutional litigation. He has also been Counsel Assisting the Solicitor-General of the Commonwealth.

    James has also been a consultant to Clayton Utz and Sparke Hemore providing advice to the Commonwealth government on a range of administrative law and other public law matters.


    • Director for the Centre of International and Public Law.
    • Barrister at the NSW Bar
    • Council member and ACT Chapter Convenor for the Australian Association of Constitutional Law.
  • Professor Adrienne Stone (Melbourne Law School)

    Adrienne Stone holds a Chair at Melbourne Law School where she is also an ARC Kathleen Fitzpatrick Laureate Fellow and Director of the Centre for Comparative Constitutional Studies.

    She researches in the areas of constitutional law and constitutional theory with particular attention to freedom of expression. Her Laureate Fellowship on the theme 'Balancing Diversity and Social Cohesion in Democratic Constitutions' investigates how Constitutions, in their design and in their application, can unify while nurturing the diversity appropriate for a complex, modern society.

    She has published widely in international journals including in the International Journal of Constitutional Law, the Toronto Law Journal and in the Oxford Journal of Legal Studies.

    Her recent publications include Small Brown Bird: Values, Aspirations and the Australian Constitution (with Elisa Arcioni) in the International Journal of Constitutional Law and Constitutional Orthodoxy: The Deepening Divide in the Melbourne University Law Review.  With Cheryl Saunders AO she is editor of the forthcoming Oxford Handbook on the Australian Constitution.

    She is First Vice President of the International Association of Constitutional Law; Vice President of the Australian Association of Constitutional Law and is an elected Fellow of the Australian Academy of Law. Through the Centre for Comparative Constitutional Studies she is extensively engaged with government and non-governmental organisations. In 2015, she was a member of the Advisory Committee for the Australian Law Reform Commission’s Inquiry on Traditional Rights and Freedoms.

    She has taught at law schools in Australia, the United States and Canada and delivered papers and lectures by invitation at numerous universities in Australia, North America, Europe and China. In 2011, she was a Visiting Professor at Georgetown University Law Centre in Washington DC.


    • International Association of Constitutional Law - First Vice President, Member, Executive Committee
    • Australian Association of Constitutional law - Council Member, Vice-President
    • Australian Academy of Law, Fellow
  • Professor Fiona Wheeler (ANU)

    Fiona Wheeler is a Professor in the ANU College of Law, ANU. She joined the ANU in 1990 and has served in the College as Sub-Dean (2000-2003), Director of Research (2006-2008), Head of School (July-December 2009) and Deputy Dean (January 2010-June 2014), serving as Acting Dean on numerous occasions. She has been a member of many College and University committees and served as Chair, ANU Academic Board (2012-2014). Prior to her appointment to ANU she was an Associate to Justice Mary Gaudron, High Court of Australia (1989-1990).

    Fiona is a scholar of the Australian Constitution and has researched and published on public law issues for over two decades. She has a particular interest in courts and the judicial system and the history of the High Court of Australia. Her doctorate on the separation of judicial power under the Australian Constitution was awarded the ANU JG Crawford Prize (2000). She has been an Honorary Harold White Fellow, National Library of Australia (2009), delivered a High Court Public Lecture (2011) and the Winterton Memorial Lecture (2014). In 2015, she was a visitor at the Constitution Unit, University College London. She is a Fellow of the Australian Academy of Law and a member of the Board of Advisers, Public Law Review.

    Fiona’s recent research explores evolving conceptions of judicial independence, combining perspectives from law, politics and history to chart the sometimes uncertain boundaries between the ‘legal’ and ‘political’ domains inhabited by Australia's judges. This work has included a study, based on personal papers, of Sir John Latham’s extra-judicial advising; analyses of the wartime work undertaken by High Court judges in the executive branch; and, most recently, an examination of the constitutionality, under contemporary doctrine, of state judges continuing to serve as Royal Commissioners and in other extra-judicial roles.

    In 2016, Fiona is teaching in Foundations of Australian Law and Commonwealth Constitutional Law.


    • Deputy Dean, ANU College of Law (January 2010-June 2014)
    • Chair, ANU Academic Board (2012-2014)
    • Fellow, Australian Academy of Law (from 2010)
  • Associate Professor Dan Meagher (La Trobe University)

    Dan teaches and writes on constitutional law, freedom of speech and statutory interpretation. He has published widely in Australia and internationally and is interested in supervising post-graduate students in these areas.

  • Dr Brendan Lim (Eleven Wentworth)

    Brendan has a diverse practice in public law (administrative, constitutional and regulatory, including taxation, competition, electoral and securities) and commercial law (including contracts, equity, corporations and trade practices).

    He has appeared in several recent High Court matters in constitutional and administrative law, as well as in evidence, electoral, migration, and other areas. He has appeared both led and unled in the principal NSW and Federal courts, and various administrative and regulatory bodies. Brendan is also available for international law matters and has appeared before the Appellate Body of the World Trade Organization.

    Before coming to the bar, Brendan was Counsel Assisting the Solicitor-General of the Commonwealth (Stephen Gageler SC). In that role, he worked across a wide range of statutory regimes in both advisory and litigious matters. He also worked as Associate to Justice Gageler of the High Court, and previously to Justice Besanko of the Federal Court.

    Brendan has degrees in law, music and mathematics and University Medals for both law and music. He obtained postgraduate qualifications from Yale Law School, where he studied as a John Monash Scholar and won the John Addison Porter Prize for his dissertation. He has published widely on constitutional law, statutory interpretation and the law of jurisdiction.

  • Associate Professor Kristen Rundle (Melbourne Law School)

    Kristen Rundle joined Melbourne Law School in 2015 and teaches in the areas of administrative law and legal theory. She has held appointments at the University of New South Wales, the London School of Economics and Political Science, and the University of Sydney, as well as adjunct, visiting and honorary appointments at the University of Toronto, Erasmus University, the University of Ottawa, and the Whitlam Institute, University of Western Sydney.

    Kristen's research is located at the interface of legal theory and public law in its effort to trace the conditions of form and agency necessary for law to act as a limitation on power. Led by her work on the intellectual legacy of the mid-twentieth century legal philosopher, Lon Fuller, this question has informed her past research into the connections between law and the Holocaust, and the legal and institutional attributes of British child migration to Australia. It is also central to her current research into questions of legal theory and practice arising from the neoliberal redesign of the administrative state, especially with respect to contracted-out public functions.

    Kristen has authored articles in Law and Philosophy, The Netherlands Journal of Legal Philosophy, Jurisprudence, the University of Toronto Law Journal, and the Modern Law Review. Her book, Forms Liberate: Reclaiming the Jurisprudence of Lon L Fuller (Hart Publishing, 2012) was awarded second prize, UK Society of Legal Scholars Peter Birks Book Prize for Outstanding Legal Scholarship, 2012. She was awarded a SJD from the University of Toronto, where she also held the Doctoral Fellowship in Ethics at the Centre for Ethics. She undertook a LLM (honours) in public law and legal theory at McGill University as Australia's 2001 Lionel Murphy Postgraduate (Overseas) Scholar, and also holds a BA/LLB (first class honours) from the University of Sydney. Prior to becoming an academic, Kristen worked as an associate at the Federal Court of Australia, and as a Legislative Policy Adviser at the New South Wales Attorney-General's Department.


    • Whitlam Fellow, The Whitlam Institute, University of Western Sydney (2015 - 2018)
    • Trustee, Lionel Murphy Foundation (2017 - )
    • Advisory Board, Netherlands Journal of Legal Philosophy (2015 - )
    • Secretary, Australian Society of Legal Philosophy (2014 - )
    • Editorial board member, Jurisprudence (2013 - )
  • Lorraine Finlay (Murdoch Univesity)

    Lorraine Finlay is a lecturer in the School of Law at Murdoch University.  Her research interests include criminal law, constitutional law, international criminal law and public international law. Lorraine currently lectures in Constitutional Law and teaches as part of the International Human Rights Law Program in Geneva.