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	<title>Comments on: Not quite a majority yet</title>
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	<link>http://skepticlawyer.com.au/2008/12/15/not-quite-a-majority-ye/</link>
	<description>Two lawyers and a larrikin on life, law and liberty.</description>
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		<title>By: skepticlawyer &#187; Contains law: open with caution</title>
		<link>http://skepticlawyer.com.au/2008/12/15/not-quite-a-majority-ye/comment-page-1/#comment-21878</link>
		<dc:creator>skepticlawyer &#187; Contains law: open with caution</dc:creator>
		<pubDate>Fri, 19 Dec 2008 00:14:11 +0000</pubDate>
		<guid isPermaLink="false">http://skepticlawyer.com.au/?p=990#comment-21878</guid>
		<description>[...] skepticlawyer  Affirmative action and its whiff &#8212; at least as spotted on Planet Janet &#8212; came up on Legal Eagle&#8217;s thread on the appointment of Justice Bell to the High Court. I&#8217;ve since had a couple of emails [...]</description>
		<content:encoded><![CDATA[<p>[...] skepticlawyer  Affirmative action and its whiff &#8212; at least as spotted on Planet Janet &#8212; came up on Legal Eagle&#8217;s thread on the appointment of Justice Bell to the High Court. I&#8217;ve since had a couple of emails [...]</p>
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		<title>By: Adrien</title>
		<link>http://skepticlawyer.com.au/2008/12/15/not-quite-a-majority-ye/comment-page-1/#comment-21728</link>
		<dc:creator>Adrien</dc:creator>
		<pubDate>Wed, 17 Dec 2008 08:54:39 +0000</pubDate>
		<guid isPermaLink="false">http://skepticlawyer.com.au/?p=990#comment-21728</guid>
		<description>&lt;i&gt;We did need a criminal barrister on the HC as a matter of urgency&lt;/i&gt;

Someone actually has to say this?</description>
		<content:encoded><![CDATA[<p><i>We did need a criminal barrister on the HC as a matter of urgency</i></p>
<p>Someone actually has to say this?</p>
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		<title>By: John Greenfield</title>
		<link>http://skepticlawyer.com.au/2008/12/15/not-quite-a-majority-ye/comment-page-1/#comment-21677</link>
		<dc:creator>John Greenfield</dc:creator>
		<pubDate>Tue, 16 Dec 2008 15:40:53 +0000</pubDate>
		<guid isPermaLink="false">http://skepticlawyer.com.au/?p=990#comment-21677</guid>
		<description>lomlate

&lt;i&gt;and now even a site like this isn’t discussing the appointment on it’s merit, but rather because of the appointee’s gender?&lt;/i&gt;

Are you off your rocker?

1. Legal Eagle posted this thread for a few reasons, such as...aw, I don&#039;t know, she&#039;s a lawyer and academic (like SL) and shit like HC appointments run her motor? If Humphrey Bear or Jimmy Spiegelman had been appointed, she would have posted something.

I would have thought the fact her post gently focused on the - quite wonderful - fact that our HC is now basically gender-balanced, without slamminmg the appointee as a braindead ambulance-chaser, kinda implies a thumbs-up to La Bell&#039;s quality, and that we are all quite chuffed!


2. My own post kinda reiterates this attitude, but in case there is any ambiguity, I think the appointment of Virginia Bell is the fucking dog&#039;s bollocks! She&#039;s as smart as a whip, has a career that can boast grazed knees from mud-wrestling down in the trenches (unlike the foppish Kirby, who has only ever had to deal with a poor person or aborigine while there is a camera and/or &quot;human rights&quot; award in the offing), has cred as an advocate (both solicitor and barrister), a highly &quot;clubbable&quot; judge and respected leader of the profession!


All Australians should be pleased and proud as punch at her appointment. I know I am!!


Is that better, love?</description>
		<content:encoded><![CDATA[<p>lomlate</p>
<p><i>and now even a site like this isn’t discussing the appointment on it’s merit, but rather because of the appointee’s gender?</i></p>
<p>Are you off your rocker?</p>
<p>1. Legal Eagle posted this thread for a few reasons, such as&#8230;aw, I don&#8217;t know, she&#8217;s a lawyer and academic (like SL) and shit like HC appointments run her motor? If Humphrey Bear or Jimmy Spiegelman had been appointed, she would have posted something.</p>
<p>I would have thought the fact her post gently focused on the &#8211; quite wonderful &#8211; fact that our HC is now basically gender-balanced, without slamminmg the appointee as a braindead ambulance-chaser, kinda implies a thumbs-up to La Bell&#8217;s quality, and that we are all quite chuffed!</p>
<p>2. My own post kinda reiterates this attitude, but in case there is any ambiguity, I think the appointment of Virginia Bell is the fucking dog&#8217;s bollocks! She&#8217;s as smart as a whip, has a career that can boast grazed knees from mud-wrestling down in the trenches (unlike the foppish Kirby, who has only ever had to deal with a poor person or aborigine while there is a camera and/or &#8220;human rights&#8221; award in the offing), has cred as an advocate (both solicitor and barrister), a highly &#8220;clubbable&#8221; judge and respected leader of the profession!</p>
<p>All Australians should be pleased and proud as punch at her appointment. I know I am!!</p>
<p>Is that better, love?</p>
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		<title>By: Legal Eagle</title>
		<link>http://skepticlawyer.com.au/2008/12/15/not-quite-a-majority-ye/comment-page-1/#comment-21672</link>
		<dc:creator>Legal Eagle</dc:creator>
		<pubDate>Tue, 16 Dec 2008 12:30:17 +0000</pubDate>
		<guid isPermaLink="false">http://skepticlawyer.com.au/?p=990#comment-21672</guid>
		<description>I&#039;m no criminal lawyer, but I wholeheartedly agree with you, SL. We need a wide spectrum of experience on the bench.</description>
		<content:encoded><![CDATA[<p>I&#8217;m no criminal lawyer, but I wholeheartedly agree with you, SL. We need a wide spectrum of experience on the bench.</p>
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		<title>By: skepticlawyer</title>
		<link>http://skepticlawyer.com.au/2008/12/15/not-quite-a-majority-ye/comment-page-1/#comment-21668</link>
		<dc:creator>skepticlawyer</dc:creator>
		<pubDate>Tue, 16 Dec 2008 11:53:05 +0000</pubDate>
		<guid isPermaLink="false">http://skepticlawyer.com.au/?p=990#comment-21668</guid>
		<description>We did need a criminal barrister on the HC as a matter of urgency, particularly once Callinan J retired. He had a great instinct for the criminal law; I&#039;m hoping Bell J will be able to fill his shoes in that regard. Some top commercial barristers have never handled a GBH or murder; being expected to try one at Supreme or High Court level would be tricky without some experience (she says, making her usual defence of the Criminal Bar).</description>
		<content:encoded><![CDATA[<p>We did need a criminal barrister on the HC as a matter of urgency, particularly once Callinan J retired. He had a great instinct for the criminal law; I&#8217;m hoping Bell J will be able to fill his shoes in that regard. Some top commercial barristers have never handled a GBH or murder; being expected to try one at Supreme or High Court level would be tricky without some experience (she says, making her usual defence of the Criminal Bar).</p>
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		<title>By: Spoke too soon &#171; Not a Hedgehog</title>
		<link>http://skepticlawyer.com.au/2008/12/15/not-quite-a-majority-ye/comment-page-1/#comment-21661</link>
		<dc:creator>Spoke too soon &#171; Not a Hedgehog</dc:creator>
		<pubDate>Tue, 16 Dec 2008 10:43:25 +0000</pubDate>
		<guid isPermaLink="false">http://skepticlawyer.com.au/?p=990#comment-21661</guid>
		<description>[...] ELSEWHERE: More on the Bell appointment from Legal Eagle. [...]</description>
		<content:encoded><![CDATA[<p>[...] ELSEWHERE: More on the Bell appointment from Legal Eagle. [...]</p>
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		<title>By: Legal Eagle</title>
		<link>http://skepticlawyer.com.au/2008/12/15/not-quite-a-majority-ye/comment-page-1/#comment-21654</link>
		<dc:creator>Legal Eagle</dc:creator>
		<pubDate>Tue, 16 Dec 2008 09:30:25 +0000</pubDate>
		<guid isPermaLink="false">http://skepticlawyer.com.au/?p=990#comment-21654</guid>
		<description>lomlate - to be honest, as a Victorian non-criminal lawyer, I have very little direct experience of her Honour (either on the bench or through judgments), and thus would be loath to comment on what she&#039;ll be like. 

I&#039;d happily hear from any lawyers who have more knowledge? All I know is that apart from Janet, everyone seems to be quite happy with the choice, which generally suggests it&#039;s a good thing. If you are interested, &lt;a href=&quot;http://www.attorneygeneral.gov.au/www/ministers/robertmc.nsf/Page/MediaReleases_2008_FourthQuarter_15December2008-NewJusticeoftheHighCourt&quot; rel=&quot;nofollow&quot;&gt;here&#039;s&lt;/a&gt; the press release announcing her appointment.

My main query, of course, is what her opinion of restitution law would be, but I guess I&quot;ll have to wait and see until a judgment comes up...</description>
		<content:encoded><![CDATA[<p>lomlate &#8211; to be honest, as a Victorian non-criminal lawyer, I have very little direct experience of her Honour (either on the bench or through judgments), and thus would be loath to comment on what she&#8217;ll be like. </p>
<p>I&#8217;d happily hear from any lawyers who have more knowledge? All I know is that apart from Janet, everyone seems to be quite happy with the choice, which generally suggests it&#8217;s a good thing. If you are interested, <a href="http://www.attorneygeneral.gov.au/www/ministers/robertmc.nsf/Page/MediaReleases_2008_FourthQuarter_15December2008-NewJusticeoftheHighCourt" rel="nofollow">here&#8217;s</a> the press release announcing her appointment.</p>
<p>My main query, of course, is what her opinion of restitution law would be, but I guess I&#8221;ll have to wait and see until a judgment comes up&#8230;</p>
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		<title>By: lomlate</title>
		<link>http://skepticlawyer.com.au/2008/12/15/not-quite-a-majority-ye/comment-page-1/#comment-21650</link>
		<dc:creator>lomlate</dc:creator>
		<pubDate>Tue, 16 Dec 2008 08:58:19 +0000</pubDate>
		<guid isPermaLink="false">http://skepticlawyer.com.au/?p=990#comment-21650</guid>
		<description>I find this whole conversation amazing.... Before the appointment everyone was curious to know whether or not an activist judge like kirby would be appointed, and now even a site like this isn&#039;t discussing the appointment on it&#039;s merit, but rather because of the appointee&#039;s gender? Surely we&#039;re past this, and why won&#039;t somebody write an article predicting what she&#039;ll be like?!</description>
		<content:encoded><![CDATA[<p>I find this whole conversation amazing&#8230;. Before the appointment everyone was curious to know whether or not an activist judge like kirby would be appointed, and now even a site like this isn&#8217;t discussing the appointment on it&#8217;s merit, but rather because of the appointee&#8217;s gender? Surely we&#8217;re past this, and why won&#8217;t somebody write an article predicting what she&#8217;ll be like?!</p>
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		<title>By: Adrien</title>
		<link>http://skepticlawyer.com.au/2008/12/15/not-quite-a-majority-ye/comment-page-1/#comment-21649</link>
		<dc:creator>Adrien</dc:creator>
		<pubDate>Tue, 16 Dec 2008 08:27:35 +0000</pubDate>
		<guid isPermaLink="false">http://skepticlawyer.com.au/?p=990#comment-21649</guid>
		<description>Janet reminds me of Ann Coulter who said she wanted women&#039;s vote revoked because they vote for the wrong party.</description>
		<content:encoded><![CDATA[<p>Janet reminds me of Ann Coulter who said she wanted women&#8217;s vote revoked because they vote for the wrong party.</p>
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		<title>By: Legal Eagle</title>
		<link>http://skepticlawyer.com.au/2008/12/15/not-quite-a-majority-ye/comment-page-1/#comment-21628</link>
		<dc:creator>Legal Eagle</dc:creator>
		<pubDate>Tue, 16 Dec 2008 05:31:38 +0000</pubDate>
		<guid isPermaLink="false">http://skepticlawyer.com.au/?p=990#comment-21628</guid>
		<description>Totally agreed, JG. What&#039;s Janet suggesting - that we shouldn&#039;t choose a woman because people might think the choice is based on gender? As you say, who is &quot;the best&quot; anyway?  The important thing is that there seems to be no doubt she is up to the job.</description>
		<content:encoded><![CDATA[<p>Totally agreed, JG. What&#8217;s Janet suggesting &#8211; that we shouldn&#8217;t choose a woman because people might think the choice is based on gender? As you say, who is &#8220;the best&#8221; anyway?  The important thing is that there seems to be no doubt she is up to the job.</p>
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