Peter Buchanan
Encyclopedia
The Honourable Justice Peter Buchanan is a judge
of the Supreme Court of Victoria
, the highest court in Victoria
, a state of Australia
. Buchanan was appointed a judge of the court on 27 October 1997. Buchanan is currently the longest-serving member of the Court of Appeal.
in Melbourne
, Mr. Buchanan studied Arts and Law at the Australian National University
. He then obtained a PhD
at the University of London
in the areas of wills and trusts.
On his return to Melbourne, Buchanan became a QC and participated in a number of high profile cases including the one which concerned Albert Park.
, a prominent Australian businessman. The effect was to allow Elliot to continue managing several family-owned companies and a directorship. The order was made there would be "a potentially severe disruption" to the trading activities of the companies if the stay wasn't granted.
In August 2005, Buchanan along with Justice Geoffrey Nettle granted leave to appeal a decision against Danny Nalliah and Daniel Scot, and a Christian organisation called "Catch the Fire Ministries". The decision against those persons was the first decision under Victoria's racial vilification laws (the Racial and Religious Tolerance Act) in the Victorian Civil and Administrative Tribunal (VCAT).
In December 2006, Buchanan with Justices Chris Maxwell
and Frank Vincent upheld an appeal by Jack Thomas (commonly referred to as "Jihad Jack") against his conviction for terroism related offences. Thomas was accused of accept money and a plane ticket from an al-qaida terrorist. The court found that Thomas's interview with the Australian Federal Police
was not voluntary, and as a result, ordered a retrial for Thomas
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
of the Supreme Court of Victoria
Supreme Court of Victoria
The Supreme Court of Victoria is the superior court for the State of Victoria, Australia. It was founded in 1852, and is a superior court of common law and equity, with unlimited jurisdiction within the state...
, the highest court in Victoria
Victoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
, a state of Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
. Buchanan was appointed a judge of the court on 27 October 1997. Buchanan is currently the longest-serving member of the Court of Appeal.
Education and career
After finishing high school at the Scotch CollegeScotch College, Melbourne
Scotch College, Melbourne is an independent, Presbyterian, day and boarding school for boys, located in Hawthorn, an inner-eastern suburb of Melbourne, Victoria, Australia....
in Melbourne
Melbourne
Melbourne is the capital and most populous city in the state of Victoria, and the second most populous city in Australia. The Melbourne City Centre is the hub of the greater metropolitan area and the Census statistical division—of which "Melbourne" is the common name. As of June 2009, the greater...
, Mr. Buchanan studied Arts and Law at the Australian National University
Australian National University
The Australian National University is a teaching and research university located in the Australian capital, Canberra.As of 2009, the ANU employs 3,945 administrative staff who teach approximately 10,000 undergraduates, and 7,500 postgraduate students...
. He then obtained a PhD
Doctor of Philosophy
Doctor of Philosophy, abbreviated as Ph.D., PhD, D.Phil., or DPhil , in English-speaking countries, is a postgraduate academic degree awarded by universities...
at the University of London
University of London
-20th century:Shortly after 6 Burlington Gardens was vacated, the University went through a period of rapid expansion. Bedford College, Royal Holloway and the London School of Economics all joined in 1900, Regent's Park College, which had affiliated in 1841 became an official divinity school of the...
in the areas of wills and trusts.
On his return to Melbourne, Buchanan became a QC and participated in a number of high profile cases including the one which concerned Albert Park.
Notable cases
Buchanan has been involved in a number of significant cases in Victoria. In July 2003, Buchanan along with Justice Stephen Charles granted a stay of order made earlier by Justice Phillip Mandie against John ElliottJohn Elliott (businessman)
John Dorman Elliott is a former president of the Liberal Party, and former president of Carlton Football Club. In 2003 he was found guilty of trading while insolvent and in 2005 declared bankrupt...
, a prominent Australian businessman. The effect was to allow Elliot to continue managing several family-owned companies and a directorship. The order was made there would be "a potentially severe disruption" to the trading activities of the companies if the stay wasn't granted.
In August 2005, Buchanan along with Justice Geoffrey Nettle granted leave to appeal a decision against Danny Nalliah and Daniel Scot, and a Christian organisation called "Catch the Fire Ministries". The decision against those persons was the first decision under Victoria's racial vilification laws (the Racial and Religious Tolerance Act) in the Victorian Civil and Administrative Tribunal (VCAT).
In December 2006, Buchanan with Justices Chris Maxwell
Chris Maxwell
Chris Maxwell BA , LLB , BPhil , QC is an Australian jurist.Maxwell has been President of the Victorian Court of Appeal since 16 July 2005, succeeding Justice John Winneke....
and Frank Vincent upheld an appeal by Jack Thomas (commonly referred to as "Jihad Jack") against his conviction for terroism related offences. Thomas was accused of accept money and a plane ticket from an al-qaida terrorist. The court found that Thomas's interview with the Australian Federal Police
Australian Federal Police
The Australian Federal Police is the federal police agency of the Commonwealth of Australia. Although the AFP was created by the amalgamation in 1979 of three Commonwealth law enforcement agencies, it traces its history from Commonwealth law enforcement agencies dating back to the federation of...
was not voluntary, and as a result, ordered a retrial for Thomas
Sources
- Homepage - Supreme Court of Victoria http://www.supremecourt.vic.gov.au
- Who's Who Australia 2005.