Upholding the right to vote

Roach v Electoral Commissioner

In 2006, the Howard Government introduced significant changes to Australia's voting laws through the Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Act 2006 (Cth). Among the changes contained in the legislation was the denial of voting rights to all people in prison. Previously, only prisoners serving sentences of more than three years were excluded from voting. At the time, Indigenous woman Vickie Roach was in prison, serving a six-year sentence, and she decided to challenge the constitutional validity of the new legislation.

Part of the stolen generation, Roach was removed from her parents and placed into foster care from a young age. She was incarcerated by the time she was 17 and was in and out of the justice system several times in the decades that followed, becoming increasingly politicly aware while in jail.  

Working closely with the Human Rights Law Centre, Allens represented Roach in a High Court of Australia challenge, arguing that the right to participate in the legal process, including the right to vote, is a fundamental civil liberty and human right. In a landmark decision, the High Court upheld the fundamental right to vote and found the government had acted unlawfully and unconstitutionally when it imposed the blanket ban on prisoners voting. The court ruling meant that prisoners serving less than three years in prison retained an entitlement to vote. Roach herself was still unable to participate but, together with Allens and the Human Rights Law Centre, she had reinstated the voting rights of many prisoners. The case was particularly important for First Nations peoples who are incarcerated at more than ten times the rate of the general population.

Roach went on to complete a master's degree in professional writing while in prison and has since become a voice for Aboriginal women in the justice system.

© Jonny Weeks / Guardian / eyevine / australscope

 

A glimpse into our history

The launch of World Series Cricket

The summer holidays mean one thing for many Australians: cricket. Heading to a day-night match and watching the brightly coloured teams smacking the ball into the crowd is what we've come to expect. But, it wasn't always like this and Allens played a big part in transforming the game of cricket into what it is today.

The book that changed Australia

Today we take for granted our ability to read any book we choose, but it wasn't long ago that Australia had some of the most severe censorship regulations in the Western world. Allens played a pivotal role in changing this and bringing an end to literary censorship in Australia.

Upholding the right to vote

In 2006, the Howard Government introduced significant changes to Australia's voting laws through the Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Act 2006 (Cth). Among the changes contained in the legislation was the denial of voting rights to all people in prison.

Hard to find – but worth the hunt

One of the frustrations of historical research is knowing something exists but being unable to locate it. That was the case with letters from Allen Allen & Hemsley to client Angus & Robertson. The letters related to the copyright of several works by Andrew Barton 'Banjo' Paterson, including The Man from Snowy River and Other Verses.

Lawyers draft wills better than authors

When legal practices were first established in Australia, a significant portion of their work involved the management of complex wills and estates. However, over time, the founding firms of Allens shifted their focus from managing family estates and trusts to become predominantly commercial practices. This is the story of the firm's involvement in celebrated author Nevil Shute's will.

Hidden treasures

Research for the Allens history book has turned up a variety of interesting items, among them a hand-drawn map of Brisbane from 1849 and a mallet used by founder George Allen in 1859 to lay the foundation stone for a new chapel in Newtown, Sydney.

First true civil libel case in Australia

In 1817, 16-year-old George Allen was just a few months into his legal training when he found himself amidst one of the most interesting legal cases in the colony of New South Wales. George had just entered his articles of clerkship with Frederick Garling when Garling was appointed to represent defendant John Thomas Campbell in the first true civil libel case in Australia.

Helping Bush Heritage preserve precious land

Since 1995, Allens has committed thousands of hours of expertise to helping Bush Heritage with its vision of healthy Country, protected forever. This includes 14ha of land in the Liffey Valley of Tasmania, which former Australian Senator Bob Brown gifted to the organisation in 2011 with support from Allens.

Seeking justice for the Stolen Generation

Right from the start, almost 200 years ago, Allens has shown support for Australia's Indigenous communities and, in 1996, we helped pave the way towards the National Apology through our involvement in the first Stolen Generation legal trials.

Supporting critical Australian infrastructure

17 October 1949 marked the official start of what is still considered one of the largest and most ambitious engineering projects ever undertaken in Australia – the Snowy Mountains Scheme.

It all started in 1822

Allens was founded on 22 July 1822, the day 21-year-old George Allen was admitted as an attorney and solicitor of the Supreme Court of New South Wales and became the first person to complete their full legal training in Australia. When he began his small legal practice in a cottage on Elizabeth Street in Sydney, he could not have foreseen the story that would follow.