Julian Burnside
Encyclopedia
Julian William Kennedy Burnside AO
QC
(born 9 June 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. He has a son called Mosa.
He was made an Officer of the Order of Australia
in 2009, "for service as a human rights advocate, particularly for refugees and asylum seekers, to the arts as a patron and fundraiser, and to the law."
, graduating with a range of scholarships and prizes. 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 he 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.
.
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
. 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".
In 1998, Burnside surprised 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. 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 affair
and vehemently criticised 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 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. Also in 2004, he was elected an Australian Living Treasures
. In 2006 he was inducted as an honorary 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.
Order of Australia
The Order of Australia is an order of chivalry established on 14 February 1975 by Elizabeth II, Queen of Australia, "for the purpose of according recognition to Australian citizens and other persons for achievement or for meritorious service"...
QC
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
(born 9 June 1949) is an Australian barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
, human rights and refugee advocate, and author
Author
An author is broadly defined as "the person who originates or gives existence to anything" and that authorship determines responsibility for what is created. Narrowly defined, an author is the originator of any written work.-Legal significance:...
. 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. He has a son called Mosa.
He was made an Officer of the Order of Australia
Order of Australia
The Order of Australia is an order of chivalry established on 14 February 1975 by Elizabeth II, Queen of Australia, "for the purpose of according recognition to Australian citizens and other persons for achievement or for meritorious service"...
in 2009, "for service as a human rights advocate, particularly for refugees and asylum seekers, to the arts as a patron and fundraiser, and to the law."
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 SchoolMelbourne Grammar School
Melbourne Grammar School is an independent, Anglican, day and boarding school predominantly for boys, located in South Yarra and Caulfield, suburbs of Melbourne, Victoria, Australia....
, graduating with a range of scholarships and prizes. He then decided to study law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
and economics
Economics
Economics is the social science that analyzes the production, distribution, and consumption of goods and services. The term economics comes from the Ancient Greek from + , hence "rules of the house"...
at Monash University
Monash University
Monash University is a public university based in Melbourne, Victoria. It was founded in 1958 and is the second oldest university in the state. Monash is a member of Australia's Group of Eight and the ASAIHL....
, 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
Moot court
A moot court is an extracurricular activity at many law schools in which participants take part in simulated court proceedings, usually to include drafting briefs and participating in oral argument. The term derives from Anglo Saxon times, when a moot was a gathering of prominent men in a...
competitions (mock court). He was selected to represent Monash at an international competition in New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
, in which he 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
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
. In 1972, he completed his Bachelor of Economics, and in 1973 he was awarded his Bachelor of Laws
Bachelor of Laws
The Bachelor of Laws is an undergraduate, or bachelor, degree in law originating in England and offered in most common law countries as the primary law degree...
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 focused primarily on commercial lawCommercial law
Commercial law is the body of law that governs business and commercial transactions...
.
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
Alan Bond (businessman)
Alan Bond is an Australian businessman noted for his criminal convictions and high-profile business dealings, including what was at the time the biggest corporate collapse in Australian history. Bond was born in the Hammersmith district of London, England, and emigrated to Australia with his...
and Rose Porteous
Rose Porteous
Rose Porteous , a Filipino-born Australian, is best known for her marriage to Lang Hancock, a West Australian iron ore mining magnate, and the protracted legal battle with her step-daughter, Gina Rinehart, over the circumstances that lead to the death of Hancock, and the distribution of his estate...
. 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".
In 1998, Burnside surprised some people by acting for the Maritime Union of Australia
Maritime Union of Australia
The Maritime Union of Australia covers waterside workers, seafarers, port workers, professional divers, and office workers associated with Australian ports. As of 2011 the union has about 13,000 members. It is an affiliate of the International Transport Workers' Federation and represents the...
in its battle with Patrick Corporation
Patrick Corporation
Patrick Corporation Ltd was an Australian publicly listed logistics conglomerate. Headed by CEO Chris Corrigan before it was absorbed by Toll Holdings in 2006, Patrick had interests in shipping, rail and aviation, including a 62% shareholding in airline Virgin Blue...
during the 1998 Australian waterfront dispute
1998 Australian waterfront dispute
The Australian waterfront dispute of 1998 was a watershed event in Australian Industrial Relations history, in which the Patrick Corporation undertook a restructuring of their operations for the purpose of increasing the productivity of their workforce...
, one of Australia's most severe and longest industrial relations controversies. The matter went to the High Court of Australia
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
, 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. His involvement in the dispute is portrayed by Rhys Muldoon
Rhys Muldoon
Rhys Muldoon is an Australian actor, writer and director who has worked extensively in film, television, theatre and radio.-Television:...
in the 2007 ABC miniseries Bastard Boys
Bastard Boys
Bastard Boys is an Australian television miniseries broadcast on the ABC in 2007. It tells the story of the 1998 Australian waterfront dispute.-Plot:...
.
From the late 1990s onwards, Burnside began to undertake more and more pro bono
Pro bono
Pro bono publico is a Latin phrase generally used to describe professional work undertaken voluntarily and without payment or at a reduced fee as a public service. It is common in the legal profession and is increasingly seen in marketing, technology, and strategy consulting firms...
legal work on a range of human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
-related issues. He acted for Victoria's chief civil liberties organisation in an action against the Australian Government over the Tampa affair
Tampa affair
In August 2001, the Howard Government of Australia refused permission for the Norwegian freighter MV Tampa, carrying 438 rescued Afghans from a distressed fishing vessel in international waters, to enter Australian waters...
and vehemently criticised John Howard
John Howard
John Winston Howard AC, SSI, was the 25th Prime Minister of Australia, from 11 March 1996 to 3 December 2007. He was the second-longest serving Australian Prime Minister after Sir Robert Menzies....
'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 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
Human Rights and Equal Opportunity Commission
The Australian Human Rights Commission is a national human rights institution, a statutory body funded by, but operating independently of, the Australian Government. It has the responsibility for investigating alleged infringements under Australia’s anti-discrimination legislation...
and sponsored by the Law Council of Australia
Law Council of Australia
The Law Council of Australia is an association of law societies and bar associations from the States and territories of Australia, and the peak body representing the legal profession in Australia. The Council was formed in 1933 to unite the various state legal associations, in order to represent...
for his pro-bono legal work for asylum seekers and for his work in establishing Spare Lawyers for Refugees. Also in 2004, he was elected an Australian Living Treasures
Australian Living Treasures
Australian Living Treasures are people who have been nominated by the National Trust of Australia. The first list of 100 Living Treasures was published in 1997....
. In 2006 he was inducted as an honorary member of the Monash University Golden Key Society. In 2007 he received the Australian Peace Prize
Australian Peace Prize
The Australian Peace Prize was an annual award presented from 2006 to 2009 to an Australian citizen or resident, or to a group based in Australia, for outstanding contributions towards peace. It was awarded by the Peace Organisation of Australia. The first prize was awarded in 2006 to Dr Helen...
from the Peace Organisation of Australia
Peace Organisation of Australia
The Peace Organisation of Australia was a non-profit and non-religious organisation based in Melbourne, Australia which was active from 2005 to 2009. Its stated objective was the promotion of world peace through education. The organisation was established in May 2005 by a group of students from the...
.
Burnside has also written several successful publications on law, human rights and philology
Philology
Philology is the study of language in written historical sources; it is a combination of literary studies, history and linguistics.Classical philology is the philology of Greek and Classical Latin...
. 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.
Cases in which Burnside has been involved
- Defending Alan BondAlan Bond (businessman)Alan Bond is an Australian businessman noted for his criminal convictions and high-profile business dealings, including what was at the time the biggest corporate collapse in Australian history. Bond was born in the Hammersmith district of London, England, and emigrated to Australia with his...
- Interrogating John LawsJohn LawsRichard John Sinclair "John" Laws, CBE , an Australian radio presenter, sometimes known as Lawsie, was from the 1970s until his retirement in 2007, the host of a hugely successful morning radio program, which mixed music with interviews, opinion, live advertising readings and listener talkback...
and Alan JonesAlan Jones (radio broadcaster)Alan Belford Jones AO is an Australian radio broadcaster, former rugby union and rugby league coach and administrator.Jones hosts Sydney's most popular breakfast radio program, on radio station 2GB...
as counsel assisting the Australian Broadcasting Authority'sAustralian Broadcasting AuthorityThe Australian Broadcasting Authority was an Australian government agency whose main roles were to regulate broadcasting, radiocommunications and telecommunications....
'cash-for-comment' inquiry. - Assisting the Maritime Union of AustraliaMaritime Union of AustraliaThe Maritime Union of Australia covers waterside workers, seafarers, port workers, professional divers, and office workers associated with Australian ports. As of 2011 the union has about 13,000 members. It is an affiliate of the International Transport Workers' Federation and represents the...
defeatPatrick Stevedores v MUAPatrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia ; .This decision of the High Court was the culmination of the legal aspects of the 1998 Australian waterfront dispute, in which a major stevedoring operation, the Patrick group of companies, sought to replace its largely...
Patrick StevedoresPatrick CorporationPatrick Corporation Ltd was an Australian publicly listed logistics conglomerate. Headed by CEO Chris Corrigan before it was absorbed by Toll Holdings in 2006, Patrick had interests in shipping, rail and aviation, including a 62% shareholding in airline Virgin Blue...
in the High CourtHigh Court of AustraliaThe High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
(see also 1998 Australian waterfront dispute1998 Australian waterfront disputeThe Australian waterfront dispute of 1998 was a watershed event in Australian Industrial Relations history, in which the Patrick Corporation undertook a restructuring of their operations for the purpose of increasing the productivity of their workforce...
). His role in this case was dramatized in the ABC miniseries Bastard BoysBastard BoysBastard Boys is an Australian television miniseries broadcast on the ABC in 2007. It tells the story of the 1998 Australian waterfront dispute.-Plot:...
. - Counsel for the Ok Tedi nativesOk Tedi MineThe Ok Tedi Mine is an open-pit copper and gold mine located near the headwaters of the Ok Tedi River, in the Star Mountains Rural LLG of the North Fly District of the Western Province of Papua New Guinea...
against BHPBHP BillitonBHP Billiton is a global mining, oil and gas company headquartered in Melbourne, Australia and with a major management office in London, United Kingdom...
. - Counsel for Stephen Mayne and Crikey Media against Steve Price and 3AW.
- Counsel for Rose PorteousRose PorteousRose Porteous , a Filipino-born Australian, is best known for her marriage to Lang Hancock, a West Australian iron ore mining magnate, and the protracted legal battle with her step-daughter, Gina Rinehart, over the circumstances that lead to the death of Hancock, and the distribution of his estate...
in numerous actions against Gina RinehartGina RinehartGeorgina "Gina" Hope Rinehart is a mining heiress. She is the heiress of Hancock Prospecting and the daughter of the late mining magnate Lang Hancock and Hope Margaret Nicholas... - Counsel for Liberty Victoria in the TampaMV TampaMV Tampa is a roll-on/roll-off container ship completed in 1984 by Hyundai Heavy Industries Co., Ltd. in South Korea for the Norway based firm, Wilhelmsen Lines Shipowning.-Tampa affair:...
litigation. - Counsel for Plaintiffs in class actionClass actionIn law, a class action, a class suit, or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued...
against EssoEssoEsso is an international trade name for ExxonMobil and its related companies. Pronounced , it is derived from the initials of the pre-1911 Standard Oil, and as such became the focus of much litigation and regulatory restriction in the United States. In 1972, it was largely replaced in the U.S. by...
for the gas explosion at Longford1998 Esso Longford gas explosionThe 1998 Esso Longford gas explosion was a catastrophic industrial accident which occurred at the Esso natural gas plant at Longford in the Australian state of Victoria's Gippsland region. On 25 September 1998, an explosion took place at the plant, killing two workers and injuring eight...
, Victoria. - Counsel for Bruce Trevorrow successfully claiming compensation for damage as a member of the Stolen GenerationStolen GenerationThe Stolen Generations were the children of Australian Aboriginal and Torres Strait Islander descent who were removed from their families by the Australian Federal and State government agencies and church missions, under acts of their respective parliaments...
against the state of South AustraliaSouth AustraliaSouth Australia is a state of Australia in the southern central part of the country. It covers some of the most arid parts of the continent; with a total land area of , it is the fourth largest of Australia's six states and two territories.South Australia shares borders with all of the mainland...
. - Counsel for Mary KostakidisMary KostakidisMary Kostakidis is the former weeknight SBS World News Australia presenter.Mary Kostakidis was the first woman appointed to present a national prime time news bulletin in Australia....
in litigation against SBSSpecial Broadcasting ServiceThe Special Broadcasting Service is a hybrid-funded Australian public broadcasting radio and television network. The stated purpose of SBS is "to provide multilingual and multicultural radio and television services that inform, educate and entertain all Australians and, in doing so, reflect...
. - 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
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)
- On Privilege (Melbourne : Melb Univ Press, 2009, ISBN 9780522856330)
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 ANLarchived 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.