Julian William Kennedy Burnside 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 detentionof asylum seekers, and has provided legal counsel in a wide array of high-profile cases.
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. [ [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 ] ] He then decided to study lawand economicsat 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 Courtcompetitions (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 Lawsby Monash Law School.
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
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 Bondand Rose Porteous. [ [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 ] ] 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". [ [http://www.abc.net.au/austory/content/2006/s1727307.htm Australian Story - Man of Steel - Transcript ] ]
In 1998, Burnside surprise some people by acting for the
Maritime Union of Australiain its battle with Patrick Corporationduring 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. [ [http://www.abc.net.au/austory/content/2006/s1727307.htm Australian Story - Man of Steel - Transcript ] ] His involvement in the dispute is portrayed by Rhys Muldoonin the 2007 ABC miniseries " Bastard Boys".
From the late 1990s onwards, Burnside began to undertake more and more
pro bonolegal 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 Tampacrisis 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 refugeesin 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 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 Commissionand sponsored by the Law Council of Australiafor his pro-bono legal work for asylum seekers and for his work in establishing Spare Lawyers for Refugees.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] 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 Prizefrom 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. [ [http://www.monash.edu.au/alumni/prominent-alumni/julian-burnside.html Julian Burnside- Prominent Monash Alumnus ] ]
Cases in which Burnside has been involved
*Defending Alan Bond
John Lawsand Alan Jones as counsel assisting the Australian Broadcasting Authority's 'cash-for-comment' inquiry.
Maritime Union of Australiadefeat Patrick Stevedores in the 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 natives against BHP.
Rose Porteousin numerous actions against Gina Rinehart
Liberty Victoriain the Tampa litigation.
*Counsel for Plaintiffs in
class actionagainst Essofor the gas explosion at Longford, Victoria.
*Counsel for Bruce Trevorrow successfully claiming compensation for damage as a member of the
Stolen Generationagainst the state of South Australia.
Mary Kostakidisin litigation against SBS. [cite web
title = Burnside acting for Kostakidis in fight against SBS
publisher = ABC News
url = http://www.abc.net.au/news/stories/2007/08/22/2011740.htm
accessdate = 2007-08-22 ]
*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
*"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)
* "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] )
* "From nothing to zero : letters from refugees in Australia's detention centres" written by
Meaghan Amorand 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.
* [http://www.julianburnside.com.au/ Julian Burnside's web page]
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