Ian Freckelton

Professor Ian Freckelton QC is a member of the Victorian Bar Association,[1] the Tasmanian Bar Association[2] and the Northern Territory Bar Association[3] in Australia. He is a Professorial Fellow in Law and Psychiatry at the University of Melbourne,[4] an Adjunct Professor of Law at Monash University,[5] and an Adjunct Professor in the Faculty of Health Sciences at the Auckland University of Technology.[6]

Prominent cases

In 2012 he represented Northern Territory Police in the Briscoe Inquest[7] in the Coroners Court in Alice Springs in the Northern Territory of Australia which investigated the death of an indigenous man in police custody.[8]

He was counsel assisting the coroner Iain West in the David Wilson Inquest (1998–2012) at the Coroners Court of Victoria.[9] concerning the kidnapping and murder of Australian David Wilson in Cambodia by the Khmer Rouge in 1994 and the responsibility of the Australian Government for not paying ransom to the Khmer Rouge.[9] Wilson was murdered along with British national Mark Slater and French national Jean-Michel Braquet. The murders received Australian[10][11] and international media attention for almost two decades.[12][13]

In the Supreme Court of Victoria Ian Freckelton represented the parents of a seven-year-old girl who died in an accident, to prevent an autopsy that would have been distressing to the parents.[14][15]

He represented four police members in the Coroners Court of Victoria at the Tyler Cassidy Inquest (2010–2011).[16] Tyler Cassidy, aged 15, was shot dead by police.[17][18] The circumstances of the case raised questions about Tyler Cassidy's intentions to be shot by police[19] and the proportionality of the police response.

Ian Freckelton represented drug trafficker Tony Mokbel in the Federal Court of Australia in his appeal against an extradition order from Greece to Australia.[20][21] Ian Freckelton and Frank Costigan were Counsel for the Department of Community Services Victoria in the controversial[22][23] Children of God case.[24][25] The case concerned 81 child protection applications relating to children in New South Wales and Victoria who were taken from their parents by social workers and police in a raid in 1992 on the suspicion that the children were in immediate danger of abuse if they remained with the fundamentalist Christian group.

He has also appeared for the Chiropractic Board of Australia against Dr Malcolm Hooper, a registered health practitioner who offered oxygen treatment to a patient with cerebral palsy.[26][27] He also appeared for the Secretary to the Department of Planning and Community Development[28][29] in a case which resulted in the first order in Australia removing an elected local government representative from office for not being of good character.[30]

Ian Freckelton also appeared for forensic witness Robert Barnes in the Eastman Inquiry[31] into the conviction of David Harold Eastman for the murder of Colin Stanley Winchester.[32]

Academic career

Publications

Ian Freckelton's publications include:

Scholarly Journals

Freckelton founded the Journal of Law and Medicine in 1993, established the journal of Psychiatry, Psychology and Law in 1994 and remains the editor of both journals.[45][46]

References

  1. ↑ "Barrister Profile – Victorian Bar". Vicbar.com.au. Retrieved 30 August 2013.
  2. ↑ "Dr Ian Freckelton SC – The Tasmanian Bar". Tasmanianbar.com.au. Retrieved 30 August 2013.
  3. ↑ "Dr Ian Freckelton QC – Northern Territory Bar Association". Retrieved 12 August 2014.
  4. ↑ "Staff Profile". Law.unimelb.edu.au. 20 September 2013. Retrieved 11 October 2013.
  5. ↑ "Professor Ian Freckelton". Law.monash.edu.au. 16 April 2013. Retrieved 30 August 2013.
  6. ↑ "Professor Ian Freckelton". Assa.edu.au. Retrieved 30 August 2013.
  7. ↑ http://www.nt.gov.au/justice/courtsupp/coroner/documents/2012_findings/A00052012_Briscoe.pdf
  8. ↑ Horn, Allyson (22 June 2012). "Family may sue police over NT death in custody – ABC News (Australian Broadcasting Corporation)". Abc.net.au. Retrieved 30 August 2013.
  9. 1 2 http://www.coronerscourt.vic.gov.au/resources/733e55e4-b3e4-4eab-8bdc-7de6f29d530b/davidwilson_305994.pdf
  10. ↑ http://www.theaustralian.com.au/news/breaking-news/new-witness-in-inquest-into-murder-of-an-australian-man-in-cambodia/story-fn3dxity-1226124545271
  11. ↑ Andrea Petrie. "David Wilson | 1994 Cambodia kidnapping". Smh.com.au. Retrieved 30 August 2013.
  12. ↑ "Asia-Pacific | Life for Khmer Rouge commander". BBC News. 23 December 2002. Retrieved 11 October 2013.
  13. ↑ http://www.nytimes.com/2008/02/22/world/asia/22sambith.html?_r=0
  14. ↑ Traynor v Spooner [2012] VSC 651 http://www.austlii.edu.au/au/cases/vic/VSC/2012/651.html
  15. ↑ PM By Alison Caldwell. "Parents' win against autopsy sets precedent: lawyer – ABC News (Australian Broadcasting Corporation)". Abc.net.au. Retrieved 11 October 2013.
  16. ↑ Victorian Department of Justice, Coroners Court. "Finding – Inquest into the Death of Tyler Cassidy – Coroners Court of Victoria". Coronerscourt.vic.gov.au. Retrieved 11 October 2013.
  17. ↑ "PM – Coroner retires to consider finding in police teen shooting inquest 11/03/2011". Abc.net.au. 4 May 2013. Retrieved 11 October 2013.
  18. ↑ Farah Farouque. "Coroner Clears Police over Tyler Cassidy Killing". Theage.com.au. Retrieved 11 October 2013.
  19. ↑ http://www.coronerscourt.vic.gov.au/resources/cbd04294-9314-4f4a-804a-5c2b15e10e64/tylercassidypart1_554208.pdf pp 8–9
  20. ↑ Mokbel v Commonwealth of Australia [2007] FCAFC 161 http://www.austlii.edu.au/au/cases/cth/FCAFC/2007/161.html
  21. ↑ "Mokbel granted urgent hearing – National". smh.com.au. 10 October 2007. Retrieved 11 October 2013.
  22. ↑ "Children of God Proceedings – 11/11/1993 – QWN – NSW Parliament". Parliament.nsw.gov.au. Retrieved 11 October 2013.
  23. ↑ "The Family Sect Police Investigation – 10/11/1993 – REP – NSW Parliament, Excerpts From Board of Studies Reports – 10/11/1993 – REP – NSW Parliament". Parliament.nsw.gov.au. Retrieved 11 October 2013.
  24. ↑ M v M (Children of God) [1992] VSC 381 http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/vic/VicSC/1992/381.html
  25. ↑ M v M [1993] 1 VR 391 http://www.austlii.edu.au/au/cases/vic/VicRp/1993/29.html
  26. ↑ Chiropractic Board of Australia v Hooper [2013] VCAT 878 http://www.austlii.edu.au/au/cases/vic/VCAT/2013/878.html
  27. ↑ Kate Hagan (25 October 2011). "Chiropractor's oxygen treatment created false hope from hot air". Theage.com.au. Retrieved 11 October 2013.
  28. ↑ Secretary to the Department of Planning and Community Development v Muto (No 4) [2013] VCAT 1180 http://www.austlii.edu.au/au/cases/vic/VCAT/2013/1180.html
  29. ↑ Darren Linton (14 June 2013). "Muto is 'not fit for office' – Shepparton". mmg.com.au. Retrieved 11 October 2013.
  30. ↑ Marika Dobbin (9 March 2011). "Swearing councillor suspended for misconduct". Theage.com.au. Retrieved 11 October 2013.
  31. ↑ Supreme Court of the Australian Capital Territory. "The Eastman Inquiry". Retrieved 12 August 2014.
  32. ↑ Jack Waterford (14 January 2014). "David Eastman case suffocated by jurisdiction challenges". theage.com.au. Retrieved 12 August 2014.
  33. ↑ "Expert evidence (Book, 1993)". [WorldCat.org]. Retrieved 11 October 2013.
  34. ↑ "Criminal law investigation and procedure Victoria (Continually updated resource, 2000)". [WorldCat.org]. Retrieved 11 October 2013.
  35. ↑ "The laws of Australia [electronic resource]. – Version details – Trove". Trove.nla.gov.au. 8 April 2005. Retrieved 11 October 2013.
  36. ↑ "Expert evidence : law, practice, procedure and advocacy (Book, 2009)". [WorldCat.org]. Retrieved 11 October 2013.
  37. ↑ "Coercive care : rights, law and policy (eBook, 2013)". [WorldCat.org]. Retrieved 11 October 2013.
  38. ↑ "Appealing to the future : Michael Kirby and his legacy (Book, 2009)". [WorldCat.org]. 20 March 2013. Retrieved 11 October 2013.
  39. ↑ "Death investigation and the coroners inquest (Book, 2006)". [WorldCat.org]. 18 December 2009. Retrieved 11 October 2013.
  40. ↑ "Disputes and dilemmas in health law (Book, 2006)". [WorldCat.org]. Retrieved 11 October 2013.
  41. ↑ "Regulating health practitioners (Book, 2006)". [WorldCat.org]. Retrieved 11 October 2013.
  42. ↑ "Involuntary detention and therapeutic jurisprudence : international perspectives on civil commitment (Book, 2003)". [WorldCat.org]. Retrieved 11 October 2013.
  43. ↑ "Causation in law and medicine (Book, 2002)". [WorldCat.org]. Retrieved 11 October 2013.
  44. ↑ "Criminal injuries compensation : law, practice & policy (Book, 2001)". [WorldCat.org]. Retrieved 11 October 2013.
  45. ↑ journals team on. "Journal of Law and Medicine (JLM)". Sites.thomsonreuters.com.au. Retrieved 30 August 2013.
  46. ↑ http://www.tandfonline.com/action/aboutThisJournal?show=editorialBoard&journalCode=tppl20#.Ud4pFG1aCZo
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