Media

Prejudice - Two takes on federalism

The Australian - 19/05/2006, Page 28
By Chris Merritt

HIGH Court watchers resort to all sorts of techniques in order to pick the outcome of big cases.

But those trying to guess how the court will rule on the states' challenge to the federal takeover of industrial relations have got it easy.

If they turn up at next weekend's conference in Canberra of the Samuel Griffith Society they will gain the benefit of the views of two High Court judges.

Michael Kirby and Dyson Heydon will not, of course, be discussing their assessment of the Work Choices case.

But they will be speaking on matters that are not entirely unrelated. The reason the case is so important is its potential impact on the constitutional law that underpins federalism. And that seems very close to the subject matter of Heydon's talk.

He will be delivering the Sir Harry Gibbs memorial oration on the subject of `Chief Justice Gibbs: Defending the Rule of Law in a Federal System''. Every nuance of that Friday night talk will be picked over for possible clues about Heydon's thinking on federalism and what that could mean for the Work Choices case. And if that's not enough, Kirby will give another talk about Gibbs -- this time by video -- on Saturday.

David Jackson, who represented the Australian Workers Union during the case, will also get in on the act. His subject: ``Sir Harry Gibbs and the Constitution.''

Tropical topical

ONE of those who will not be attending the Samuel Griffith Society conference in Canberra is the High Court's Ian Callinan. And it is easy to see why.

With the greatest respect to the delights of the national capital, the judge has had a better offer.

He will be at Palm Cove in far north Queensland addressing the national conference of the Institute of Arbitrators and Mediators. By all accounts, he did not need much persuading.

We gratefully acknowledge the permission from Chris Merrittand The Australian to reprint this article.