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{{Short description|Australian barrister (born 1954)}}
{{Use dmy dates|date=March 2020}}
{{Use dmy dates|date=April 2020}}
{{Use Australian English|date=September 2011}}
{{Use Australian English|date=September 2011}}
{{More footnotes|date=August 2010}}


{{infobox person
[[File:Brian Walters June 2010.jpg|thumb|right|Brian Walters AM, QC]]
| honorific-prefix =
[[File:Brian Walters Adam Bandt Bob Brown DSC 6070.JPG|thumb|right|[[Adam Bandt]], Brian Walters and [[Bob Brown]]]]
| name = Brian Walters
[[File:Greg Barber Bob Brown Brian Walters.jpg|thumb|right|[[Greg Barber]], [[Bob Brown]] and Brian Walters attending a protest rally in Melbourne]]
| honorific-suffix = {{post-nominals|country=AUS|size=100%|AM|SC}}
[[File:Nick McKim and Brian Walters DSC 1354.JPG|thumb|right|[[Nick McKim]] and Brian Walters]]
| image = File:Brian Walters AM SC 2020.jpg
⚫
'''Brian Walters''' {{post-nominals|country=AUS|sep=,|AM|QC}} is a prominent Melbourne [[barrister]], [[writer]] and advocate for human rights and the environment.
| caption = Walters {{circa}} 2020
| birth_name =
| birth_date = {{birth date and age|df=y|1954|06|17}}
| birth_place = [[Melbourne]], [[Victoria (state)|Victoria]], Australia
| death_date =
| death_place =
| spouse =
| children =
| education =
| alma_mater =
| occupation = {{hlist|[[Barrister]]|writer|activist}}
| party = [[Australian Greens]]
}}


[[File:Walters AM SC, addressing a full courtroom in Melbourne, Victoria 2019.jpg|thumb|Walters, addressing a full courtroom in [[Melbourne]], 2019]]
==Early career==


⚫
'''Brian Walters''' {{post-nominals|country=AUS|size=85%|AM|SC}} (born 17 June 1954) is a Melbourne [[barrister]], writer and advocate for human rights and the environment.
Walters was born on 17 June 1954, the third of four sons born to Neville and Jean Walters. He was educated at [[Blackburn High School|Blackburn State School]], [[Carey Baptist Grammar School]], and [[Monash University]], where he undertook a Bachelor of Arts and Bachelor of Laws. After completing articles at Melbourne's McCracken and McCracken, Walters practised as a [[solicitor]] with the large country law firm, Warren Graham & Murphy, based in [[Bairnsdale, Victoria|Bairnsdale]]. One of his major clients there was the Australian Timber Workers Union (now the Forestry Division of the [[Construction, Forestry, Mining and Energy Union|CFMMEU]]).


==Career==
While in Bairnsdale, in 1980-1 he helped Chris Baxter and Michael Collie found ''Wild'' - Australia's wilderness adventure magazine. He was to remain a contributing editor and a director for the next 25 years.


⚫
In 1999 Walters advised journalist Alan Gray in relation to his book ''Forest Friendly Building Timbers'' after the National Association of Forest Industries threatened to sue because it criticised logging practices.<ref>{{Cite web|url=https://www.bookdepository.com/Forest-Friendly-Building-Timbers-Alan-Gray/9780958639705|title=Forest Friendly Building Timbers : Alan Gray : 9780958639705|website=bookdepository.com|access-date=8 July 2019}}</ref> He subsequently joined the committee of Free Speech Victoria, becoming its Vice President and Spokesperson.
==Professional career==


⚫
In 2006-7 Walters led the legal team that took the case of [[Stefan Nystrom]] to the [[United Nations Human Rights Committee]]. On 18 July 2011 the Committee found in favour of Nystrom, who had been deported from Australia.<ref>{{Cite web|url=https://www.ohchr.org/en/hrbodies/ccpr/pages/ccprindex.aspx|title=OHCHR {{!}} Human Rights Committee|website=www.ohchr.org|access-date=8 July 2019}}</ref> It ruled that, even though Nystrom was a Swedish citizen, Australia was his "own country" under international human rights law.<ref>[http://www.worldcourts.com/hrc/eng/decisions/2011.07.18_Nystrom_v_Australia.pdf Nystrom vs. Australia] {{Webarchive|url=https://web.archive.org/web/20151019214334/http://www.worldcourts.com/hrc/eng/decisions/2011.07.18_Nystrom_v_Australia.pdf |date=19 October 2015 }}</ref>
In 1982 Brian Walters returned to Melbourne and signed the roll of counsel at the [[Victorian Bar]].


⚫
In 2009–10 Walters led the legal team that successfully sued the South Australian government for assaults and false imprisonment perpetrated by South Australian police against protesters at the Beverley Uranium Mine in 2000 (White v South Australia).<ref>[http://classic.austlii.edu.au/au/journals/AUIndigLawRw/2010/27.pdf Australasian Legal Information Institute] {{dead link|date=March 2024}}</ref>
At the end of 1982 and into 1983 Walters rafted down the [[Franklin River]] to join the [[Franklin Dam|Franklin Blockade]]. He had been involved in the campaign to save the Franklin for some years.


⚫
He was the [[Australian Greens]] candidate for the state seat of [[Electoral district of Melbourne|Melbourne]] in the 2010 Victorian state election.<ref>[http://www.theage.com.au/environment/green-barrister-vies-for-pikes-seat-20090823-ev3o.html Sarah-Jane Collins:''Green barrister vies for Pike's seat''], in ''[[The Age]]'' 24 August 2009. Retrieved 20 August 2010</ref>
In 1992 he was a founding member of the [[Australian Greens Victoria|Greens in Victoria]].


⚫
In 2015–2016 Walters led the legal team that successfully argued in the [[Federal Court of Australia|Federal Court]] that the Tasmanian government could not open four wheel drive tracks through the Western Tasmanian Aboriginal Cultural Landscape (the Tarkine Tracks case).<ref>{{Cite web|url=https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/full/2016/2016fcafc0129|title=Secretary, Department of Primary Industries, Parks, Water and Environment v Tasmanian Aboriginal Centre Incorporated [2016] FCAFC 129|website=judgments.fedcourt.gov.au|access-date=8 July 2019}}</ref>
Walters has advised and appeared in numerous human rights and environmental cases,
including acting for Senator [[Bob Brown]] in 1998 when he was prosecuted for obstructing lawful forest operations in Goolengook, successfully arguing that the forest operations in East
Gippsland were unlawful.


⚫
In 2016–2017 Walters led the legal team that successfully challenged a series of decisions by the Andrews Victorian government to hold children in an adult prison (the "Barwon case").<ref>{{Cite web|url=https://www.hrlc.org.au/human-rights-case-summaries/2017/6/30/victorian-supreme-court-finds-establishment-of-youth-justice-centre-at-barwon-adult-prison-contrary-to-human-rights-and-unlawful|title=Victorian Supreme Court finds establishment of youth justice centre at Barwon adult prison contrary to human rights and unlawful|website=Human Rights Law Centre|date=11 May 2017 |access-date=8 July 2019}}</ref>
⚫
In 1999 Walters advised journalist Alan Gray in relation to his book ''Forest Friendly Building Timbers'' after the National Association of Forest Industries threatened to sue because it criticised logging practices.<ref>{{Cite web|url=https://www.bookdepository.com/Forest-Friendly-Building-Timbers-Alan-Gray/9780958639705|title=Forest Friendly Building Timbers : Alan Gray : 9780958639705|website=www.bookdepository.com|access-date=2019-07-08}}</ref> Subsequently, he joined the committee of Free Speech Victoria and became its Vice President and Spokesperson.

Walters joined the committee of Liberty Victoria in 2001, the same year he took silk, and served as Vice President from 2002 to 2004 and president from 2004 to 2006, when he was succeeded by [[Julian Burnside]] AO QC. During his term as president Walters actively campaigned on issues such as the terror laws, the treatment of [[Joseph T. Thomas|Jack Thomas]] and [[David Hicks]], the proposal to introduce an identity card in Australia, the mandatory detention of asylum seekers, as well as police shootings and corruption.

⚫
In 2006-7 Walters led the legal team that took the case of [[Stefan Nystrom]] to the [[United Nations Human Rights Committee]]. On 18 July 2011 the Committee found in favour of Mr Nystrom, who had been deported from Australia.<ref>{{Cite web|url=https://www.ohchr.org/en/hrbodies/ccpr/pages/ccprindex.aspx|title=OHCHR {{!}} Human Rights Committee|website=www.ohchr.org|access-date=2019-07-08}}</ref> It ruled that, even though Mr Nystrom was a Swedish citizen, Australia was his 'own country' under international human rights law.<ref>http://www.worldcourts.com/hrc/eng/decisions/2011.07.18_Nystrom_v_Australia.pdf</ref>

In 2009-10 Walters led the legal team that successfully sued the South
Australian government for assaults and false imprisonment perpetrated by South Australian
⚫
police against protesters at the Beverley Uranium Mine in 2000 (White v South Australia).<ref>http://classic.austlii.edu.au/au/journals/AUIndigLawRw/2010/27.pdf</ref>

He was the  Greens  candidate for the  state seat of Melbourne  in the  2010 Victorian state
⚫
election.<ref>[http://www.theage.com.au/environment/green-barrister-vies-for-pikes-seat-20090823-ev3o.html Sarah-Jane Collins:''Green barrister vies for Pike's seat''], in [[The Age]] 24 August 2009, retrieved 20 August 2010</ref>

In 2014 Make Books Australia published his book 'TREASON: Claus von Stauffenberg and the Plot to Kill Hitler'. With film, slide shows, and audio, the book was the first dynamically interactive history book for the iPad.

In 2015-2016 Walters led the legal team that successfully argued in the Federal Court that the
Tasmanian government could not open four wheel drive tracks through the Western Tasmanian
⚫
Aboriginal Cultural Landscape (the Tarkine Tracks case).<ref>{{Cite web|url=https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/full/2016/2016fcafc0129|title=Secretary, Department of Primary Industries, Parks, Water and Environment v Tasmanian Aboriginal Centre Incorporated [2016] FCAFC 129|website=www.judgments.fedcourt.gov.au|access-date=2019-07-08}}</ref>

In 2016-2017 Walters led the legal team that successfully challenged a series of decisions by the
⚫
Andrews Victorian government to hold children in an adult prison (the 'Barwon case').<ref>{{Cite web|url=https://www.hrlc.org.au/human-rights-case-summaries/2017/6/30/victorian-supreme-court-finds-establishment-of-youth-justice-centre-at-barwon-adult-prison-contrary-to-human-rights-and-unlawful|title=Victorian Supreme Court finds establishment of youth justice centre at Barwon adult prison contrary to human rights and unlawful|website=Human Rights Law Centre|language=en-AU|access-date=2019-07-08}}</ref>


In 2017 Walters led the legal team appearing for former Greens parliamentarians in the case
In 2017 Walters led the legal team appearing for former Greens parliamentarians in the case
before the High Court relating to dual citizenship of parliamentarians (the s 44 case – Re
before the High Court relating to dual citizenship of parliamentarians (the s 44 case – Re
Canavan &amp; Ors).<ref>{{Cite web|url=http://eresources.hcourt.gov.au/showCase/2017/HCA/45|title=Re Canavan|website=eresources.hcourt.gov.au|access-date=2019-07-08}}</ref>
Canavan & Ors).<ref>{{Cite web|url=http://eresources.hcourt.gov.au/showCase/2017/HCA/45|title=Re Canavan|website=eresources.hcourt.gov.au|access-date=8 July 2019}}</ref>

⚫
In the [[2017 Australia Day Honours]] list Walters was made a Member of the Order of Australia (AM) "for significant service to conservation through environmental protection law, and to human rights advocacy in Victoria."<ref>{{cite web|title=WALTERS, Brian Emlyn|url=https://honours.pmc.gov.au/honours/awards/1154812|website=Australian Honours Search Facility, Dept of Prime Minister & Cabinet|accessdate=28 February 2018}}</ref>

Walters is a poet, and in 2019 his volume ''Angels, like laundry'' was launched by poet [[Mark Tredinnick]].


⚫
In the [[2017 Australia Day Honours]] list Walters was made a [[Order of Australia|Member of the Order of Australia]] (AM) "for significant service to conservation through environmental protection law, and to human rights advocacy in Victoria."<ref>{{cite web|title=WALTERS, Brian Emlyn|url=https://honours.pmc.gov.au/honours/awards/1154812|website=Australian Honours Search Facility, Dept of Prime Minister & Cabinet|accessdate=28 February 2018}}</ref>
==Personal life==


In 2018-20 he led the Australian arm of the team acting for Torres Strait Islanders in their case before the [[United Nations Human Rights Committee]] concerning Australia’s violation of their human rights by inaction on climate change.<ref>[https://www.ohchr.org/en/press-releases/2022/09/australia-violated-torres-strait-islanders-rights-enjoy-culture-and-family|title= Billy v Australia] ohchr.org {{dead link|date=March 2024}}</ref>
Walters married Sally Polmear (daughter of Professor Ian Polmear and Valerie Polmear) on 21 December 1985. They have two children.


==Bibliography==
==Bibliography==
Books
⚫
* Slapping on the Writs: Defamation, Developers and Community Activism, Brian Walters. University of South Wales Press, 2003. {{ISBN|0-86840-463-2}}.
⚫
* ''TREASON:'' ''Claus von Stauffenberg and the Plot to Kill Hitler,'' Brian Walters, [http://www.makebooks.com.au Make Books Australia], 2014. {{ISBN|978-0-9924690-3-0}}
* ''Angels, like laundry,'' Brian Walters, [http://www.makebooks.com.au Make Books Australia], 2019 [https://itunes.apple.com/au/book/angels-like-laundry/id1450593817?mt=11 Angels, like laundry] {{ISBN|978-0-9924690-2-3}}


⚫
* ''Slapping on the Writs: Defamation, Developers and Community Activism,'' Brian Walters. University of South Wales Press, 2003. {{ISBN|0-86840-463-2}}.
Screenplays
⚫
* ''TREASON:'' ''Claus von Stauffenberg and the Plot to Kill Hitler,'' Brian Walters, 2021 [https://www.brianwaltersauthor.com/product-page/treason-the-book Treason], {{ISBN|978-0-9924690-3-0}}
*Jumping Jack (short film 2008)
* ''Angels, like laundry,'' Brian Walters, [https://www.brianwaltersauthor.com/product-page/angels-like-laundry Angels, like laundry] 2019 [http://www.makebooks.com.au Make Books Australia], {{ISBN|978-0-9924690-2-3}}
* ''Brink,'' Brian Walters, [https://www.brianwaltersauthor.com/product-page/brink Brink] 2020 [http://www.makebooks.com.au Make Books Australia], {{ISBN|978-0-9924690-7-8}}
* ''Mothlight,'' Brian Walters, [https://www.brianwaltersauthor.com/product-page/mothlight Mothlight] 2022 [http://www.makebooks.com.au Make Books Australia] {{ISBN|978-1-922889-00-3}}


==Notes==
==References==
{{reflist}}
{{reflist}}


==External links==
==External links==
* [http://brianwalters.com.au/ brianwalters.com.au]
* [http://brianwalters.com.au/ brianwalters.com.au]
* [http://brianwaltersmelbourne.blogspot.com Brian Walters blog]
* [http://www.libertyvictoria.org.au/ Liberty Victoria]
* [http://www.law.mq.edu.au/Units/law404/Victorian%20Council%20for%20Civil%20Liberties%20Incorporated%20v%20MIMA.htm Victorian Council for Civil Liberties Incorporated v Minister for Immigration & Multicultural Affairs & Ors V 899 of 2001. Statement of judgement (brief version)]
* [http://www.abc.net.au/rn/talks/perspective/stories/s991932.htm Perspective] Notes about a short radio talk given by Walters on Australian radio on the subject of "Slapping on the Writs".


{{Authority control}}
{{Authority control}}
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[[Category:People educated at Carey Baptist Grammar School]]
[[Category:People educated at Carey Baptist Grammar School]]
[[Category:Australian Greens candidates]]
[[Category:Australian Greens candidates]]
[[Category:Australian Queen's Counsel]]
[[Category:Members of the Order of Australia]]
[[Category:Members of the Order of Australia]]
[[Category:Australian poets]]
[[Category:Australian lawyers]]
[[Category:Australian barristers]]
[[Category:Australian barristers]]

Latest revision as of 03:33, 15 October 2024

Brian Walters
AM SC
Walters c. 2020
Born (1954-06-17) 17 June 1954 (age 70)
Melbourne, Victoria, Australia
Occupations
Political partyAustralian Greens
Walters, addressing a full courtroom in Melbourne, 2019

Brian Walters AM SC (born 17 June 1954) is a Melbourne barrister, writer and advocate for human rights and the environment.

Career

[edit]

In 1999 Walters advised journalist Alan Gray in relation to his book Forest Friendly Building Timbers after the National Association of Forest Industries threatened to sue because it criticised logging practices.[1] He subsequently joined the committee of Free Speech Victoria, becoming its Vice President and Spokesperson.

In 2006-7 Walters led the legal team that took the case of Stefan Nystrom to the United Nations Human Rights Committee. On 18 July 2011 the Committee found in favour of Nystrom, who had been deported from Australia.[2] It ruled that, even though Nystrom was a Swedish citizen, Australia was his "own country" under international human rights law.[3]

In 2009–10 Walters led the legal team that successfully sued the South Australian government for assaults and false imprisonment perpetrated by South Australian police against protesters at the Beverley Uranium Mine in 2000 (White v South Australia).[4]

He was the Australian Greens candidate for the state seat of Melbourne in the 2010 Victorian state election.[5]

In 2015–2016 Walters led the legal team that successfully argued in the Federal Court that the Tasmanian government could not open four wheel drive tracks through the Western Tasmanian Aboriginal Cultural Landscape (the Tarkine Tracks case).[6]

In 2016–2017 Walters led the legal team that successfully challenged a series of decisions by the Andrews Victorian government to hold children in an adult prison (the "Barwon case").[7]

In 2017 Walters led the legal team appearing for former Greens parliamentarians in the case before the High Court relating to dual citizenship of parliamentarians (the s 44 case – Re Canavan & Ors).[8]

In the 2017 Australia Day Honours list Walters was made a Member of the Order of Australia (AM) "for significant service to conservation through environmental protection law, and to human rights advocacy in Victoria."[9]

In 2018-20 he led the Australian arm of the team acting for Torres Strait Islanders in their case before the United Nations Human Rights Committee concerning Australia’s violation of their human rights by inaction on climate change.[10]

Bibliography

[edit]
  • Slapping on the Writs: Defamation, Developers and Community Activism, Brian Walters. University of South Wales Press, 2003. ISBN 0-86840-463-2.
  • TREASON: Claus von Stauffenberg and the Plot to Kill Hitler, Brian Walters, 2021 Treason, ISBN 978-0-9924690-3-0
  • Angels, like laundry, Brian Walters, Angels, like laundry 2019 Make Books Australia, ISBN 978-0-9924690-2-3
  • Brink, Brian Walters, Brink 2020 Make Books Australia, ISBN 978-0-9924690-7-8
  • Mothlight, Brian Walters, Mothlight 2022 Make Books Australia ISBN 978-1-922889-00-3

References

[edit]
  1. ^ "Forest Friendly Building Timbers : Alan Gray : 9780958639705". bookdepository.com. Retrieved 8 July 2019.
  2. ^ "OHCHR | Human Rights Committee". www.ohchr.org. Retrieved 8 July 2019.
  3. ^ Nystrom vs. Australia Archived 19 October 2015 at the Wayback Machine
  4. ^ Australasian Legal Information Institute [dead link‍]
  5. ^ Sarah-Jane Collins:Green barrister vies for Pike's seat, in The Age 24 August 2009. Retrieved 20 August 2010
  6. ^ "Secretary, Department of Primary Industries, Parks, Water and Environment v Tasmanian Aboriginal Centre Incorporated [2016] FCAFC 129". judgments.fedcourt.gov.au. Retrieved 8 July 2019.
  7. ^ "Victorian Supreme Court finds establishment of youth justice centre at Barwon adult prison contrary to human rights and unlawful". Human Rights Law Centre. 11 May 2017. Retrieved 8 July 2019.
  8. ^ "Re Canavan". eresources.hcourt.gov.au. Retrieved 8 July 2019.
  9. ^ "WALTERS, Brian Emlyn". Australian Honours Search Facility, Dept of Prime Minister & Cabinet. Retrieved 28 February 2018.
  10. ^ Billy v Australia ohchr.org [dead link‍]
[edit]
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