RE Kevin and the right of transsexual persons to marry in Australia

This article considers the decision of the Family Court of Australia in Re Kevin (Validity of Marriage of a Transsexual) [2001] FamCA 1074, which was upheld by the Full Court of the Family Court of Australia in February 2003. Re Kevin was the first case in Australia to deal directly with the question of whether a transsexual person could marry under Australian law. In the past, Australia had adhered to the judgement of Ormrod J in Corbett v Corbett [1971] P. 83, which set the benchmark for what is ‘male’ and what is ‘female’ under the common law. Prior to Re Kevin the question of what is a man and what is a woman for the purposes of marriage in Australia mirrored the strict biological test established in Corbett. In other words, the Australian courts relied upon biological factors, as espoused by Ormrod J, when determining a person's true sex. In Re Kevin, Chisholm J examined in detail what it is to be a man or woman, but unlike Ormrod J considered ‘brain sex’ to have a significant impact on a person's view of their own innate sexual identity. The Full Court of the Family Court agreed with the powerful and well-reasoned judgement of Chisholm J at first instance.

Re Kevin : gender dysphoria and the right to marry

What does it comfort any of us to insist that an individual shall be a man, when for the purposes of ordinary life that individual can only be, and be recognised, as a woman? What pride can there be for a law which vetoes the attitudes dictated by ordinary humanity?[1]

Those suffering from gender dysphoria have been described in the following simple language:

People with gender dysphoria or gender identity disorder live with a conviction that their physical anatomy is incompatible with their true gender role. They have an overwhelming desire to live and function in the opposite biological sex.

Monitoring the marine environment adjacent to a petroleum refinery on Corio Bay, Victoria, Australia /Peter James Gilbert

The objective of the work reported in this thesis was to design and implement an ecological effects environmental monitoring program which would: 1) Collect baseline biological information on sessile epibiotic fouling communities from an area adjacent to a petroleum refinery located on Corio Bay, Victoria, to allow comparison with results of future monitoring for the assessment of long term temporal water quality trends. 2) Detect and — if possible - estimate the magnitude of any influence on epibiotic fouling communities within the Corio Bay marine ecosystem attributable to operations at the Shell Petroleum Refinery. 3) Investigate the extent of thermal stratification and rate of dispersal of the petroleum refinery main cooling-water outfall plume (discharging up to 350,000 tonnes of warmed seawater per day), and its effect on epibiotic communities within the EPA-defined mixing zone. A major component of the work undertaken was the design and development of artificial-substrate biological sampling stations suitable for use under the conditions prevailing in Corio Bay, and the development of appropriate quantitative underwater photographic sampling techniques to fulfil the experimental criteria outlined above. Experimental and other constraints imposed on the design of the stations precluded the simple suspension of frames from jetties or pylons, a technique widely used in previous work of this type. Artificial substrate panels were deployed along three radial transects centred within and extending beyond the petroleum refinery main cooling-water mixing zone. Identical substrate panels were deployed at a number of control sites located throughout Corio Bay, each chosen for differences in their degree of exposure to such factors as water movement, depth, shipping traffic and/or comparable industrial activity. The rate of colonisation (space utilisation) and the development of epibiotic fouling communities on artificial substrate panels was monitored over two twelve-month sampling periods using quantitative underwater photographic sampling techniques. Sampling was conducted at 4-8 week intervals with the rate of panel colonisation and community structure determined via coverage measurements. Various species of marine algae, polychaete tubeworms, hydroids, barnacles, simple and colonial ascidians, sponges, bivalve molluscs and encrusting bryozoans were all detected growing on panels. Communities which established on panels within the cooling-water mixing-zone and those at control sites were compared using statistical procedures including agglomerative hierarchical cluster analysis. A photographic sample archive has been established to allow comparison with similar future studies.

Law and theology in Gilbert of Foliot's (c. 1105/10-1187/88) correspondence

Lord Peter Stein, eminent historian of Roman law, described the interaction of law and theology in the writings of one twelfth-century writer as a kind of 'universal jurisprudence' , The twelfth-century figure to whom he referred was Master Vacarius (c. 1115/2O-c. 1200), well-known English Roman lawyer and Anglo-Norman canonist. While Stein drew this conclusion largely on the basis of an analysis of Vacatius' strictly 'legal' work, the Liber pauperum, I have shown elsewhere, following a systematic study ofVacarius' other works, dealing with maniage, christology and heresy, that, when seen together, they demonstrate a use of law as a universal heuristic device to resolve conflict in law and theology.

Kevin Rudd and harmony

At a major speech at the Brookings Institution in Washington DC on March 31, 2008, Rudd indicated a new direction in Australian foreign policy concerning China. He focused on the concept of 'harmony', recognizing the key importance of China's role in a 'harmonious World 'as a' responsible stakeholder. '
Rudd declared that he looked to China's taking a vital role in the World 'in strengthening the global and regional rule-based order'. He has also highlighted the importance of treating China as a friend with much common ground but with whom honest, straight talk was a vital factor in the relationship.
I want to explore and explain the development and significance of Rudd's new approach to the concept of harmony and rule based order. I want to suggest that Rudd has pioneered a new direction in Australia's policies toward China. Rudd focuses on the ancient and developing concept of harmony into a rule-based order that is necessary to building a harmonious world.

Hillary, Kevin and Julia; Margery, Rumwold and Jeff

Review of Liquid Nitrogen by Jennifer Maiden and The Odour of Sanctity by Amy Brown

Serious play: the art of Kevin Mortensen

Kevin Mortensen came to prominence in Australia and internationally as an early and highly regarded practitioner of performance art. He represented Australia at an early Venice Biennale and was a major figure in the Mildura Sculpture Triennials, which helped establish contemporary sculpture in this country in the 1960s and 1970s after a long period in which the art form languished. The new sculpture of this time was strongly related to American performance art, Happenings and Earth Art, and in Australia took on environmental concerns and facets of Australia's landscape, flora and fauna. Mortensen's art is highly environmental. More recently Mortensen has practised as a sculptor and also made prints and drawings. He was Head of Sculpture at RMIT University in the 1980s and early 1990s but, today almost a recluse, continues to exhibit new work at Australian Galleries in Melbourne and Sydney. Author Rob Haysom provides a beautifully written and researched account of Mortensen's entire career and the book is lavishly illustrated.

No prospect of release: Kevin Crump and the human rights implications of life imprisonment

A NSW court last week dismissed Kevin Crump’s latest appeal against his natural life sentence. Crump, who has served nearly 42 years in prison for murder, has been formally denied any prospect of a meaningful life outside prison walls.

The decision provides a timely opportunity to reconsider the viability of terms of life without parole. It further entrenches the use of terms of life without parole in Australia despite moves overseas to restrict – and in some cases eradicate – them.