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Ian Freckelton

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Dr.
Ian Freckelton
QC
Born
Ian Richard Lloyd Freckelton

1 May 1958
Durban, South Africa
NationalityAustralian
EducationUniversity of Sydney

Griffith University

University of Melbourne
Occupations
  • Lawyer
  • judge
  • jurist
  • scholar
TitleQueen's Counsel
SpousePatricia Molloy
Children3
Website[1]

Ian Freckelton QC is an Australian barrister,[1] judge (in Nauru),[2] international academic,[3] and high-profile legal scholar and jurist. He is known for his extensive writing and speaking in more than 30 countries on issues related to health law, expert evidence, criminal law, tort law, therapeutic jurisprudence and research integrity. Freckelton is a member of the Victorian Bar Association,[4] the Tasmanian Bar Association,[5] and the Northern Territory Bar Association[6] in Australia.

Early Life and Qualifications

Freckelton was born in Durban, South Africa, to Joan Lloyd and Brian Freckelton. He then lived with his family in Nairobi, Kenya, and Sydney, Australia, where he attended St Aloysius’ College and then the University of Sydney,[7] obtaining undergraduate degrees in Arts (with Honours in English and Latin) and Law. Later he was awarded a Diploma of Therapeutic Massage from the Academy of Natural Healing (1982); a PhD in Expert Evidence by Griffith University,[8] (1998); and a Doctor of Laws degree,[9] (a higher doctorate), from the University of Melbourne (2017).

Freckelton has been elected a Fellow of the Australian Academy of Law,[10] and the Academy of Social Sciences Australia[11] as well as an Honorary Fellow of the Australasian College of Legal Medicine.[12] He has also been elected a life member of the Australian and New Zealand Association of Psychiatry, Psychology and Law.[13]

Freckelton worked between 1981 and 1986 at the Australian Law Reform Commission[14] on its references on Evidence, Aboriginal Customary Law, and Contempt. Between 1986 and 1988, Freckelton worked as Counsel Assisting the Police Complaints Authority of Victoria before reading for the Bar to commence work as a barrister.[15]

He commenced to take briefs at the Victorian Bar in 1988 and took silk as a Senior Counsel/ Queen’s Counsel in 2007. Freckelton has a national practice from Crockett Chambers[16] in Melbourne, Australia, taking administrative law, criminal law, personal injury and professional liability, coronial, commercial, disciplinary and human rights cases, as well as undertaking investigations into allegations of misconduct and corruption.

Freckelton was appointed a judge of the Supreme Court of Nauru[17] on a fly-in, fly-out basis in 2017, principally to hear appeals on questions of law from asylum-seekers.

Freckelton is also an experienced administrative decision-maker, having been a member of many tribunals. These include the Social Security Appeals Tribunal, the Medical Board of Victoria, the Psychologists Registration Board of Victoria, the Investigation Review Board of Victoria, the Disciplinary Appeals Board of Victoria, the Mental Health Review Board/Tribunal, the Psychosurgery Review Board of Victoria, the Suitability Board of Victoria and the Northern Metropolitan Disciplinary Board of the AFL.

Prominent Cases

Dr Freckelton’s high profile cases include those in which as counsel he:

  • prosecuted the Children of God case for the Department of Health;[18][19]
  • appeared for the children in the Barwon Children’s human rights case against the Victorian government;[20][21]
  • conducted the investigation into the sexual misconduct of Melbourne Lord Mayor, Robert Doyle;[22]
  • represented the Northern Territory Police in the Kumanjayi Briscoe inquest;[23]
  • represented the Local Government Inspectorate in a series of cases against Local Councillor Muto;[24]
  • was counsel assisting in the inquest into the death of David Wilson in Cambodia;[25][26][27]
  • represented the New South Wales Police in the Lindt Café Inquest;[28]
  • appeared for the appellant in the High Court refugee case of Epeabaka v The Commonwealth;[29]
  • appeared for the Victoria Police in the Tyler Cassidy Inquest;[30]
  • appeared for the Chief Commissioner of the Victoria Police in the Bourke Street Inquest;[31]
  • appeared for the Chiropractors Registration Board in the disciplinary case against Malcolm Hooper;[32][33];
  • appeared for the Medical Board of Australia in the disciplinary case against Dr Jayant Patel,[34] and
  • appeared for Robert Barnes in the Eastman inquiry into the conviction of David Eastman for the murder of Assistant Commissioner Colin Winchester.[35]

Academic Career

As an academic Freckelton is also:

  • a Professorial Fellow in Law and Psychiatry at the University of Melbourne, where he is a Co-Director of the postgraduate Health Law Programme;[36]
  • an Adjunct Professor at Johns Hopkins University in the United States[37] where he teaches in the research integrity program;
  • an Adjunct Professor of Forensic Medicine at Monash University in Melbourne;[38]
  • an Adjunct Professor in the Australian Centre for Health Law Research at the Queensland University of Technology;[39]
  • an Adjunct Professor at the Auckland University of Technology,[40] and
  • an Adjunct Professor of Law at Griffith University[41].

Since 2010 Freckelton has been an inaugural member of the Coronial Council of Victoria,[42] a body that advises the Attorney-General about the operation of the Coroner’s Court. Since 1995, he has been a member of the Mental Health Tribunal of Victoria,[43] including for a time as its Acting President. He is also a member of the Netherlands Centre of Expertise.[citation needed]

Freckelton was a Commissioner of the Victorian Law Reform Commission in 2015-2016[44][45] and ran its reference on Medicinal Cannabis[46] which resulted in the Access to Medicinal Cannabis Act 2016 (Vic).[47]

Freckelton is an Ambassador for Club Melbourne,[48] which attracts major scholarly events to Victoria. Freckelton is a life member and former bi-national and Victorian President of the Australian and New Zealand Association of Psychiatry, Psychology and Law.[49] He is a former Vice-President of Liberty Victoria.[50]

Honours and Awards

At the University of Sydney Freckelton was awarded the Walter Reid Scholarship,[51] the Sir Arthur George Bursary, and the Sir Frank Packer Bursary.[52]

In 1993 he was presented with a red barrister’s bag[53] by Frank Costigan QC for his work on the Children of God case.[18] In 2019 Freckelton was the winner of a Distinguished Alumnus award by Griffith University.[54] In the same year, Freckelton was a member of the legal team that won the Tim McCoy Award and also the Victorian Bar’s pro bono award for public interest/justice innovation[55] for his work on the Barwon Children’s Case.[56][57]

In 2019 Freckelton was incorporated by Doyle’s amongst Victoria’s Leading Senior Criminal Law Counsel.[58]

Personal Life

Freckelton is married to Dr Patricia Molloy and has three children, Leo Freckelton, Dr Julia Freckelton and Lloyd Freckelton. Freckelton is also the proud owner of two sheepadoodles, named Otis and Penny. He and Dr Molloy divide their time between Melbourne and the Surf Coast. Ian Freckelton’s hobbies and interests include: running, swimming, riding bicycles, gardening, travel, Latin and Greek literature, the study of French language, as well as listening to an eclectic array of music.[59]

Writing and Publications

In 1993 and 1994 Freckelton founded the Journal of Law and Medicine[60] and Psychiatry, Psychology and Law,[61] having previously edited the proceedings of conferences held by the Australian and New Zealand Association of Psychiatry, Psychology and Law for some years.[62] He remains their Editor and Editor-in-Chief respectively and has written many editorials for each. Each has evolved into a highly ranked and internationally respected scholarly journal in the cross-disciplinary field of health and law. Freckelton was also a member of the team (with Bebe Loff and Beth Wilson) that transitioned the Legal Service Bulletin to the Alternative Law Journal in 1992, and was on the editorial board of both for many years.[63]

Freckelton is a member of the editorial board of the Tort Law Review,[64] the Deakin Law Review,[65] the Australian Journal of Forensic Sciences[66] and the New Zealand Journal of Family Law.[67]

Freckelton has published extensively on a wide variety of legal and cross-disciplinary topics. He is the author of over 600 articles and chapters of books, and more than 250 book reviews.

Publications

Ian Freckelton's publications include:

  • I Freckelton, Expert Evidence, (editor and author), 7 volume subscription service, Law Book Co, Sydney, 1993-ongoing: ISBN 0455210780[68]
  • I Freckelton (editor and author), Criminal Law, Investigation and Procedure Victoria (general editor), 6 volume looseleaf service updated regularly, Law Book Co, Sydney, 2000-ongoing: ISBN 0455216789;[69]
  • I Freckelton (ed),'"Criminal Procedure", Volume 11 & "Sentencing," Volume 12, Laws of Australia (Law Book Co, Sydney, 1996-ongoing);[70]
  • I Freckelton, Expert Evidence: Law, Practice and Procedure (Law Book Co, 6th edn 2019): ISBN 9780455238425;[71]
  • I Freckelton and K Petersen (ed), Tensions and Traumas in Health Law (Federation Press, 2018): ISBN 9781760021498;
  • I Freckelton, Scholarly Misconduct: Law, Regulation and Practice (OUP, 2016): ISBN 9780198755401;
  • I Freckelton, J Goodman-Delahunty, J Horan and B McKimmie, Expert Evidence and Criminal Jury Trials (OUP, 2016): ISBN 9780198746348;
  • I Freckelton and K Cockroft, Indictable Offences in Victoria (Thomson Reuters, 6th edn, 2016, 7th edn (in press), 2020): ISBN 9780455230986
  • B McSherry and I Freckelton (eds), Coercive Care: Rights and the Law (Routledge, London, 2013): ISBN 1135016577, 9781135016579;[72]
  • I Freckelton and H Selby (eds), Appealing to the Future: Michael Kirby and his Legacy (Thomson, Sydney, 2009): ISBN 9780455226699, 9780455226682;[73]
  • I Freckelton and D Ranson, Death Investigation and the Coroner's Inquest (Oxford University Press, Melbourne, 2006): ISBN 9780195507003, 0195507002;[74]
  • I Freckelton and K Petersen (eds), Disputes and Dilemmas in Health Law (Federation Press, Sydney, 2006): ISBN 1862875537[75]
  • I Freckelton (ed), Regulation of Health Practitioners (Federation Press, Sydney, 2006): ISBN 1862876207;[[76]
  • I Freckelton and K Diesfeld (eds), Involuntary Detention and Civil Commitment: International Perspectives (Ashgate, Dartmouth, 2003): ISBN 0754622665;[77]
  • I Freckelton and D Mendelson, Causation in Law and Medicine (Ashgate, Dartmouth, 2002): ISBN 0754622045;[78]
  • I Freckelton, P Reddy and H Selby, Australian Magistrates’ Perspectives on Expert Evidence: A Comparative Study (AIJA, 2001):
  • I Freckelton, Criminal Injuries Compensation Law and Practice, (Law Book Co, Sydney, 2001): ISBN 0455217882[79]
  • I Freckelton and K Petersen (ed) Controversies in Health Law (Federation Press, 1999): ISBN 1862873313;
  • I Freckelton, P Reddy and H Selby, Australian Judicial Perspectives on Expert Evidence: An Empirical Study (AIJA, 1999): ISBN 1875527273
  • I Freckelton and H Selby (ed), Police in Our Society ((Federation Press, 1988);  
  • I Freckelton, The Trial of the Expert (OUP, 1987): ISBN 0195545664.

References

  1. ^ Victorian Bar, ‘Ian RL Freckelton’ https://www.vicbar.com.au/profile/6504, retrieved 28 March 2020.
  2. ^ "Ian Freckelton QC". The Conversation. Retrieved 12 April 2020.
  3. ^ University of Melbourne, “Professor Ian Freckelton QC”, https://law.unimelb.edu.au/about/staff/ian-freckelton, retrieved 28 March 2020.
  4. ^ "Barrister Profile – Victorian Bar". Vicbar.com.au. Retrieved 30 August 2013.
  5. ^ "Dr Ian Freckelton SC – The Tasmanian Bar". Tasmanianbar.com.au. Retrieved 30 August 2013.
  6. ^ "Dr Ian Freckelton QC – Northern Territory Bar Association". Retrieved 12 August 2014.
  7. ^ "Home". The University of Sydney. Retrieved 10 April 2020.
  8. ^ "Griffith University". www.griffith.edu.au. Retrieved 10 April 2020.
  9. ^ Hendley-Boys, Angela (30 May 2019). "Doctor of Laws (LLD)". Melbourne Law School. Retrieved 10 April 2020.
  10. ^ "Australian Academy of Law - Home". academyoflaw.org.au. Retrieved 10 April 2020.
  11. ^ "ASSA". Academy of the Social Sciences in Australia. Retrieved 10 April 2020.
  12. ^ Australasian College of Legal Medicine, “Honorary Fellows”: https://legalmedicine.com.au/honorary-fellows/
  13. ^ Australian and New Zealand Association of Psychiatry, Psychology and Law: https://anzappl.org
  14. ^ Australian Government, “Australian Law Reform Commission”: https://www.alrc.gov.au
  15. ^ I Freckelton, “Shooting the Messenger” in A Goldsmith (ed) Complaints Against the Police; The Trend to External Review (Clarendon Press, 1991).
  16. ^ Crockett Chambers, “Senior Barristers”: https://www.crockett.com.au/barristers/senior-barristers
  17. ^ "Ian Freckelton QC". The Conversation. Retrieved 12 April 2020.
  18. ^ a b Center for Studies on New Religions”, “The Children of God / The Family Court Case in 1992 Australia”: https://www.cesnur.org/testi/TheFamily/australia.htm
  19. ^ M v M (Children of God) [1992] VSC 381, Supreme Court (Vic, Australia); M v M [1993] VicRp 29, Court of Appeal (Vic, Australia).
  20. ^ Amnesty International, “Children Transferred Out of Adult Maximum Security Prison” (18 May 2017): ps://www.amnesty.org.au/barwon-cie-success/
  21. ^ Certain Children v Minister for Families and Children (No 2) [2017] VSC 251: http://classic.austlii.edu.au/au/cases/vic/VSC/2017/251.html
  22. ^ “Management Report to Melbourne City Council, Update on the Investigation into Allegations Against the Former Lord Mayor, Robert Doyle”: https://www.melbourne.vic.gov.au/about-council/committees-meetings/meeting-archive/MeetingAgendaItemAttachments/808/14497/MAR18%20CCL%20SPECIAL%20AGENDA%20ITEM%203.1.pdf
  23. ^ “Briscoe Inquest: Alcohol’s ‘Flotsam and Jetsam’ Forever a Burden on Police” (27 June 2012) Alice Springs News: https://www.alicespringsnews.com.au/2012/06/27/will-we-learn-from-briscoes-death/
  24. ^ J Longmore, “Shepparton Councillor Admits to Misconduct” (8 March 2011): https://www.abc.net.au/news/2011-03-08/shepparton-councillor-admits-to-misconduct/2664816
  25. ^ Ross, Norrie (2 April 2014). "New witness in inquest into murder of Australian man David Wilson in Cambodia". News.com.au. Retrieved 10 April 2020.{{cite news}}: CS1 maint: url-status (link)
  26. ^ Petrie, Andrea (20 September 2012). "Inquest clears australia on cambodia backpacker murder". The Sydney Morning Herald.{{cite web}}: CS1 maint: url-status (link)
  27. ^ "Life for Khmer Rouge commander". BBC News. 23 December 2012. Retrieved 11 October 2013.{{cite news}}: CS1 maint: url-status (link)
  28. ^ “New South Wales Coroners Court, “Inquest into the Deaths Arising from the Lindt Café Siege”: http://www.lindtinquest.justice.nsw.gov.au  
  29. ^ Re Minister for Immigration and Multicultural Affairs; Ex parte Epeabaka (2000) 206 CLR 128: http://classic.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/HCA/2001/23.html?stem=0&synonyms=0&query=epeabaka
  30. ^ E Hunt, “Findings of Inquest into Shooting Death of Tyler Cassidy” (23 November 2011) The Australian:  https://www.theaustralian.com.au/news/latest-news/findings-of-inquest-into-shooting-death-of-tyler-cassidy-due-shortly/news-story/40a4a9d37fee8083a1269c0e6a3de288
  31. ^ Coroners Court of Victoria, “2017 Bourke Street Mall Inquest”: https://www.coronerscourt.vic.gov.au/inquests-findings/2017-bourke-street-inquest
  32. ^ Chiropractors Board of Australia v Hooper [2013] VCAT 878:  http://classic.austlii.edu.au/au/cases/vic/VCAT/2013/878.html
  33. ^ Chiropractors Board of Australia v Hooper [2013] VCAT 1346: http://classic.austlii.edu.au/au/cases/vic/VCAT/2013/1346.html
  34. ^ Medical Board of Australia v Patel [2015] QCAT 133: http://classic.austlii.edu.au/au/cases/qld/QCAT/2015/133.html
  35. ^ J Waterford, “David Eastman Inquiry Delvers a Necessary but Very Limited Finding” (31 May 2014) The Age: https://www.theage.com.au/national/act/david-eastman-inquiry-delivers-a-necessary-but-very-limited-finding-20140530-zrtjv.html
  36. ^ Porich, Jimmy (10 February 2020). "Professor Ian Freckelton QC". Melbourne Law School. Retrieved 12 April 2020.
  37. ^ "Home". Johns Hopkins University. Retrieved 10 April 2020.
  38. ^ Monash University, “Department of Forensic Medicine”: https://www.google.com/search?client=safari&rls=en&q=monash+university+department+of+forensic+medicine&ie=UTF-8&oe=UTF-8
  39. ^ Queensland University of Technology, Australian Centre for Health Law Research, https://www.qut.edu.au/law/research/achlr
  40. ^ Auckland University of Technology: https://www.aut.ac.nz
  41. ^ Griffith University: https://www.griffith.edu.au
  42. ^ State of Victoria, “Coronial Council of Victoria” https://www.justice.vic.gov.au/contact-us/coronial-council-of-victoria
  43. ^ Mental Health Tribunal of Victoria: https://www.mht.vic.gov.au
  44. ^ Victorian Law Reform Commission: https://www.lawreform.vic.gov.au
  45. ^ Attorney-General, “Top QC to Head Medicinal Cannabis Review”: https://www.premier.vic.gov.au/top-qc-to-head-medicinal-cannabis-review/
  46. ^ Law Reform Commission of Victoria, “Medicinal Cannabis”: https://www.lawreform.vic.gov.au/all-projects/medicinal-cannabis
  47. ^ Access to Medicinal Cannabis Act 2016 (Vic): https://content.legislation.vic.gov.au/sites/default/files/4ca11136-60ab-3d46-a6aa-cb671f84d0b1_16-020aa%20authorised.pdf
  48. ^ Club Melbourne, “Ambassadors”: https://clubmelbourne.com.au
  49. ^ Australian and New Zealand Association of Psychiatry, Psychology and Law, “About Us”: https://anzappl.org
  50. ^ Liberty Victoria, “History”: https://libertyvictoria.org.au/home
  51. ^ University of Sydney, “Walter Reid Scholarship”: https://www.sydney.edu.au/scholarships/b/walter-reid-scholarship.htmln
  52. ^ Australian Universities, “Sir Frank Packer Bursary: https://www.australianuniversities.com.au/scholarships/guide/10522-sir-frank-packer-bursary.html
  53. ^ Johnson Astills, “Helen Johnson’s Red Bag”: https://www.johnsonastills.com/site/blog/ejablog/helen-johnsons-red-bag
  54. ^ Griffith University, “Raising the Bar”: https://www.griffith.edu.a/development-alumni/remarkable-alumni/dr-ian-richard-lloyd-freckelton-qc
  55. ^ Victorian Bar, “Pro Bono Award Winners Recognised at 2019 Awards Ceremony”: https://www.vicbar.com.au/news-events/media-release-–-victorian-bar-pro-bono-award-winners-recognised-2019-awards-ceremony
  56. ^ "Detention of children in youth justice facility within Barwon Prison found to be unlawful | The Supreme Court of Victoria". www.supremecourt.vic.gov.au. Retrieved 12 April 2020.
  57. ^ Certain Children v Minister for Families and Children (No 2) [2017] VSC 251: http://classic.austlii.edu.au/au/cases/vic/VSC/2017/251.html
  58. ^ Doyle’s Guide, “Leading Criminal Law Senior Counsel”: https://doylesguide.com/leading-criminal-law-senior-counsel-victoria-2019/
  59. ^ "Dr Ian Freckelton Q.C. | About". Retrieved 12 April 2020.
  60. ^ Thomson Reuters, “Journal of Law and Medicine” https://legal.thomsonreuters.com.au/expert-evidence-law-practice-procedure-and-advocacy-6e/productdetail/124710
  61. ^ Taylor & Francis, “Psychiatry, Psychology and Law”: https://www.tandfonline.com/action/journalInformation?show=editorialBoard&journalCode=tppl20
  62. ^ Australian and New Zealand Association of Psychiatry, Psychology and Law, “About Us”: https://anzappl.org
  63. ^ Sage Journals, “Alternative Law Journal”: https://journals.sagepub.com/home/alj
  64. ^ Thomson Reuters, “Tort Law Review”: http://sites.thomsonreuters.com.au/journals/category/tort-law-review/
  65. ^ Deakin University, “Deakin Law Review”: https://ojs.deakin.edu.au/index.php/dlr/index
  66. ^ Taylor & Francis, “Australian Journal of Forensic Sciences”: https://www.tandfonline.com/loi/tajf20
  67. ^ Lexis Nexis, “New Zealand Family Law Journal”: http://www.lexisnexis.co.nz/en-nz/products/new-zealand-family-law-journal.page
  68. ^ Expert evidence (Book, 1993). [WorldCat.org]. OCLC 37065244.
  69. ^ Criminal law investigation and procedure Victoria (Continually updated resource, 2000). [WorldCat.org]. OCLC 222829546.
  70. ^ "The laws of Australia [electronic resource]. – Version details – Trove". Trove.nla.gov.au. 8 April 2005. Retrieved 11 October 2013.
  71. ^ Expert evidence : law, practice, procedure and advocacy (Book, 2009). [WorldCat.org]. OCLC 459231970.
  72. ^ Coercive care : rights, law and policy (eBook, 2013). [WorldCat.org]. OCLC 852150945.
  73. ^ Appealing to the future : Michael Kirby and his legacy (Book, 2009). [WorldCat.org]. 20 March 2013. OCLC 298611704.
  74. ^ Death investigation and the coroners inquest (Book, 2006). [WorldCat.org]. 18 December 2009. OCLC 61440455.
  75. ^ Disputes and dilemmas in health law (Book, 2006). [WorldCat.org]. OCLC 70818688.
  76. ^ Regulating health practitioners (Book, 2006). [WorldCat.org]. OCLC 73692407.
  77. ^ Involuntary detention and therapeutic jurisprudence : international perspectives on civil commitment (Book, 2003). [WorldCat.org]. OCLC 52001212.
  78. ^ Causation in law and medicine (Book, 2002). [WorldCat.org]. OCLC 48417306.
  79. ^ Criminal injuries compensation : law, practice & policy (Book, 2001). [WorldCat.org]. OCLC 51613558.

Official website

Ian Freckelton biography – University of Melbourne

Ian Freckelton biography – Victorian Bar

Ian Freckelton biography – Foley's List

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