Julian Burnside
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2008-06-28T07:58:24Z
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/* Early life */
'''Julian William Kennedy Burnside''' [[Queen's Counsel|QC]] (born [[June 9]], [[1949]]) is an [[Australian]] [[barrister]], human rights and refugee advocate, and [[author]]. He is known for his staunch opposition to the [[mandatory detention]] of [[asylum seekers]], and has provided legal counsel in a wide array of high-profile cases.
==Early life==
Burnside was born in Melbourne to Kennedy Byron Burnside and Olwen Lloyd Burnside. His father was a prominent Melbourne [[urologist]]. Burnside attended [[Melbourne Grammar School]], graduating with a range of scholarships and prizes.<ref>[http://www.theage.com.au/news/tv-reviews/talking-heads/2008/03/28/1206207375497.html Talking Heads - TV Reviews - TV & Radio - Entertainment - theage.com.au<!-- Bot generated title -->]</ref> He then decided to study [[law]] and [[economics]] at [[Monash University]], with aspirations to eventually work as a [[management consultant]]. While at university, Burnside showed immense talent for the study of law and successfully competed in [[Moot Court]] competitions (mock court). He was selected to represent Monash at an international competition in [[New Zealand]], in which was named best speaker and won the Blackstone Cup. After a conversation with the Chief Justice of New Zealand who had adjudicated, Burnside was persuaded that he should pursue a career as a [[barrister]]. In 1972, he completed his Bachelor of Economics, and in 1973 he was awarded his [[Bachelor of Laws]] by Monash Law School.
==Professional career==
Burnside was admitted as a barrister of the Supreme Court of Victoria in 1976, and appointed a Queen's Counsel in 1989. His work has always focussed primarily on [[commercial law]].
He has appeared in many significant commercial cases, in particular take-over cases and trade practices.
He represented some of Australia's wealthiest people, including [[Alan Bond]] and [[Rose Porteous]].<ref>[http://www.theage.com.au/news/tv-reviews/talking-heads/2008/03/28/1206207375497.html Talking Heads - TV Reviews - TV & Radio - Entertainment - theage.com.au<!-- Bot generated title -->]</ref> Due to these high profile cases, he became well known in the legal and broader community as a commercial lawyer. As Burnside describes it, until the late 1990s he primarily "acted for the big end of town".<ref>[http://www.abc.net.au/austory/content/2006/s1727307.htm Australian Story - Man of Steel - Transcript<!-- Bot generated title -->]</ref>
In 1998, Burnside surprise some people by acting for the [[Maritime Union of Australia]] in its battle with [[Patrick Corporation]] during the [[1998 Australian waterfront dispute]], one of Australia's most severe and longest industrial relations controversies. The matter went to the [[High Court of Australia]], which eventually found in favour of the Union, albeit with certain conditions. Burnside describes this case as one of his most memorable, and has stated that it convinced him that the survival of reasonable and responsible union representation is crucial if there is to be justice in the workplace.<ref>[http://www.abc.net.au/austory/content/2006/s1727307.htm Australian Story - Man of Steel - Transcript<!-- Bot generated title -->]</ref> His involvement in the dispute is portrayed by [[Rhys Muldoon]] in the 2007 ABC miniseries ''[[Bastard Boys]]''.
From the late 1990s onwards, Burnside began to undertake more and more [[pro bono]] legal work on a range of [[human rights]]-related issues. He acted for Victoria's chief civil liberties organisation in an action against the Australian Government over the [[Tampa]] crisis and vehemently criticised the [[John Howard]]'s Government for its mandatory detention of asylum seekers arriving in Australia. With his wife, artist Kate Durham, Burnside set up Spare Rooms for Refugees and Spare Lawyers for Refugees, programs which provide free accommodation and legal representation for [[refugees]] in Australia.
Throughout this time Burnside has maintained his practice as a commercial litigator, appearing in many major class actions, trade practices cases and general commercial cases.
Burnside has also acted in several major cases on behalf of Indigenous Australians. Most notably, he acted for [[Stolen Generation#Bruce Trevorrow|Bruce Trevorrow]], a member of the Indigenous stolen generation, in which Trevorrow sued the South Australian Government for having removed him from his parents. For the first time in Australian legal history, an Australian government was found liable for such conduct, and the court awarded $500 000 in damages to Mr Trevorrow.
In 2004 Burnside was awarded the Human Rights Law Award by the [[Human Rights and Equal Opportunity Commission]] and sponsored by the [[Law Council of Australia]] for his pro-bono legal work for asylum seekers and for his work in establishing Spare Lawyers for Refugees.<ref name = "award">{{cite web|title= 2004 Human Rights Medal and Awards |publisher= [[Human Rights and Equal Opportunity Commission]] |url= http://www.humanrights.gov.au/hr_awards/2004.html |accessdate= 2007-08-11}}</ref> Also in 2004, he was elected an [[Australian Living Treasures]]. In 2006 he was inducted as an honourary member of the [[Monash University Golden Key Society]]. In 2007 he received the [[Australian Peace Prize]] from the [[Peace Organisation of Australia]].
Burnside has also written several successful publications on law, human rights and [[philology]]. In addition to his work in the law, he is a patron of numerous arts organisations. He regularly commissions classical music compositions and sculptures, and is Chair of two arts organisations.<ref>[http://www.monash.edu.au/alumni/prominent-alumni/julian-burnside.html Julian Burnside- Prominent Monash Alumnus<!-- Bot generated title -->]</ref>
===Cases in which Burnside has been involved===
*Defending [[Alan Bond (businessman)|Alan Bond]]
*Interrogating [[John Laws]] and [[Alan Jones (radio broadcaster)|Alan Jones]] as counsel assisting the [[Australian Broadcasting Authority|Australian Broadcasting Authority's]] 'cash-for-comment' inquiry.
*Assisting the [[Maritime Union of Australia]] [[Patrick Stevedores v MUA|defeat]] [[Patrick Corporation|Patrick Stevedores]] in the [[High Court of Australia|High Court]] (see also [[1998 Australian waterfront dispute]]). His role in this case was dramatized in the ABC miniseries ''[[Bastard Boys]]''.
*Counsel for the [[Ok Tedi Mine|Ok Tedi natives]] against [[BHP Billiton|BHP]].
*Counsel for [[Rose Porteous]] in numerous actions against [[Gina Rinehart]]
*Counsel for [[Liberty Victoria]] in the [[MV Tampa|Tampa]] litigation.
*Counsel for Plaintiffs in [[class action]] against [[Esso]] for the [[1998 Esso Longford gas explosion|gas explosion at Longford]], Victoria.
*Counsel for [[Stolen Generation#Bruce Trevorrow|Bruce Trevorrow]] successfully claiming compensation for damage as a member of the [[Stolen Generation]] against the state of [[South Australia]].
*Counsel for [[Mary Kostakidis]] in litigation against [[Special Broadcasting Service|SBS]].<ref>{{cite web
| title = Burnside acting for Kostakidis in fight against SBS
| publisher = [[Australian Broadcasting Corporation|ABC]] News
| date = [[2007-08-22]]
| url = http://www.abc.net.au/news/stories/2007/08/22/2011740.htm
| accessdate = 2007-08-22 }}</ref>
*Counsel for NCSC in BHP takeover cases
*Counsel for ACI in takeover case
*Counsel for Respondent in Autodesk v Dyason
*Counsel for Plaintiff in Crittenden v ANZ
*Counsel assisting Australian Broadcasting Authority in Cash for Comment enquiry.
*Counsel for Applicant in ACCC v J McPhee & Co
*Counsel for Applicant in ACCC v Universal Music & ors
*Counsel for Respondent in ACCC v MUA & ors
*Counsel for Respondent in ACCC v SIP & ors
*Counsel for Applicant in Ruhani v. Commissioner of Police No 1 and No 2 (High Court litigation relating to the Pacific Solution)
*Counsel for intervenor in Melway v Hicks
*Counsel for Applicant in ACCC v Leahy Petroleum
*Counsel for Plaintiff in Mirvac v La Rocca
*Counsel for respondent individual in ACCC v Visy, Carroll & ors
*Counsel for Plaintiff in Premier Developments v Spotless
==Bibliography==
===Books===
*''Matilda and the Dragon'' (Sydney : Allen & Unwin, 1991, ISBN 1-86373-127-X) - A children's book illustrated by Bettina Guthridge
*''From Nothing to Zero: letters from refugees in Australia's detention centres'' ((ed.) Melbourne: Lonely Planet, 2003, ISBN 1 74059 668 4)
*''Wordwatching: Fieldnotes of an Amateur Philologist'' (Melbourne : Scribe, 2004, ISBN 1-56025-840-3)
*''Watching Brief: Reflections on Human Rights, Law and Justice'' (Melbourne : Scribe, 2007, ISBN 9781921215490)
===Published Papers===
* ''Information technology : Internet - legal issues'' (Melbourne : Leo Cussen Institute, 1998, ISBN 0863945201)
* ''Spare rooms for refugees'' with [[Kate Durham]] (electronic resource - archived on ANL[http://nla.gov.au/nla.arc-23506 archived on ANL])
===Edited===
* ''From nothing to zero : letters from refugees in Australia's detention centres'' written by [[Meaghan Amor]] and [[Janet Austin]] (Melbourne : Lonely Planet, 2003, ISBN 1-74059-668-4) - a book of letters written by asylum seekers held in Australia’s detention camps.
==Notes==
{{reflist}}
==External links==
*[http://www.julianburnside.com.au/ Julian Burnside's web page]
{{DEFAULTSORT:Burnside, Julian}}
[[Category:Australian lawyers]]
[[Category:Australian activists]]
[[Category:Australian human rights activists]]
[[Category:Australian children's writers]]
[[Category:Australian philologists]]
[[Category:Monash University alumni]]
[[Category:living people]]
[[Category:1949 births]]
[[Category:Former students of Melbourne Grammar School]]