Жулиан Бернсайд: Австралиялық заңгер, құқық қорғаушы және саясаткер

Australian barrister and King's Counsel since 1989

Julian William Kennedy Burnside (born 9 June 1949) is an Australian barrister, human rights and refugee advocate, and author. He practises principally in commercial litigation, trade practices and administrative law. He is known for his staunch opposition to the mandatory detention of asylum seekers, and has provided legal counsel in a wide variety of high profile cases. He was made an Officer of the Order of Australia in 2009, "for service as a human rights advocate, particularly for refugees and asylum seekers, to the arts as a patron and fundraiser, and to the law." He unsuccessfully stood for the Division of Kooyong at the 2019 federal election as an Australian Greens candidate, but achieved the highest vote for the Greens in the seat at a federal election and allowed the party to enter into the two party preferred vote.

Burnside was born in Melbourne, Victoria to Kennedy Byron Burnside and Olwen Lloyd Banks. His father was a prominent surgeon and his grandmother Dame Edith Burnside was a prominent charity worker. Burnside attended Melbourne Grammar School, graduating with a range of scholarships and prizes. He then studied law and economics at Monash University, with aspirations to eventually work as a management consultant. While at university, Burnside showed immense talent for the study of law and successfully competed in Moot Court competitions (mock court). He was selected to represent Monash at an international competition in New Zealand, in which he was named best speaker and won the Blackstone Cup. After a conversation with Sir Richard Wild, the Chief Justice of New Zealand who had adjudicated, Burnside was persuaded that he should pursue a career as a barrister. He obtained a Bachelor of Economics in 1972 and a Bachelor of Laws in 1973. Burnside has a wife, Kate, a daughter, Katherine and a foster son, Mosa.

Burnside was admitted as a barrister of the Supreme Court of Victoria in 1976, and appointed a King's Counsel in 1989. His work has always focused primarily on commercial law. He has appeared in many significant commercial cases, in particular take over cases and trade practices. He represented some of Australia's wealthiest people, including Alan Bond and Rose Porteous. In 1998, Burnside surprised some people by acting for the Maritime Union of Australia in its battle with Patrick Corporation during the 1998 Australian waterfront dispute, one of Australia's most severe and longest industrial relations controversies. The matter went to the High Court of Australia, which eventually found in favour of the Union, albeit with certain conditions. Burnside describes this case as one of his most memorable, and has stated that it convinced him that the survival of reasonable and responsible union representation is crucial if there is to be justice in the workplace. Also in 2004, he was elected an Australian Living Treasure. In 2006 he was inducted as an honorary member of the Monash University Golden Key Society. In 2007 he received the Australian Peace Prize from the Peace Organisation of Australia and in 2014 the Sydney Peace Prize from the Sydney Peace Foundation. Burnside has also written several successful publications on law, human rights and philology. In addition to his work in the law, he is a patron of numerous arts organisations. He regularly commissions classical music compositions and sculptures, and is Chair of two arts organisations, Fortyfive Downstairs and the Mietta Foundation. His commission to Australian composer Lyle Chan for a tongue in cheek work entitled Wind Farm Music Dedicated To Tony Abbott attracted substantial publicity for its stance protesting the anti renewable energy policy of the Prime Minister of the day, Tony Abbott.

Burnside has been an ambassador for the National Secular Lobby since 2017. In March 2019, Burnside announced he had joined the Australian Greens party and would run against Josh Frydenberg for the seat of Kooyong at the forthcoming federal election. Frydenberg received a swing of 8.2% against him as well as the lowest Liberal vote in Kooyong in 76 years. Burnside was also the closest candidate to winning the seat in 90 years, with a two party preferred vote at 44.3%. In May 2020, Burnside announced he was running for a Greens Senate seat, in a pre selection held to replace the retiring senator Richard Di Natale. Burnside lost the contest to Lidia Thorpe, who would become the first female Aboriginal Senator for Victoria.

In July 2016, Burnside published a blogpost in which he appeared to support statements made by Shady Alsuleiman, an Australian Muslim cleric. Referring to HIV/AIDS, Alsuleiman had said that, "homosexuality [ ] is spreading all these diseases" and that, "if you speak to a doctor, the most terrifying diseases come from [ ] sexual activities". Burnside wrote that Alsuleiman's remarks "appear to have medical support" and "were probably accurate as a matter of medical observation". He subsequently received criticism from opinion columnists in The Spectator Australia and the Herald Sun, with Rita Panahi (writing for the latter) accusing him of perpetuating the stereotype that homosexual people are responsible for the spread of HIV/AIDS. In a follow up post, where he referred to critics as either having "an intellectual disability" or "a reading disorder", Burnside said, "I do NOT disapprove of gay people: I think every human being should be able to live their own life, guided by their nature and instincts". Burnside claimed that his comments had been taken out of context, and that he was simply, "responding to a person who had said the Grand Mufti had called for gays to be killed", which was "plainly wrong". Burnside also stated that, "By reporting the truth of the matter, I was not in the least approving hate speech I do not disapprove of homosexuality." On 8 March 2019, in a debate on Sky News with Victorian Liberal Senator Jane Hume, Burnside announced that he had been a member of a Melbourne based men's only club, The Savage Club for 40 years. During the same interview, he also pointed his finger at Hume when she interjected, telling her "not to interrupt" which was seen as a sexist manoeuvre on part of Burnside. On 9 March, Burnside tweeted that he had resigned as a member of the Savage Club, citing that men's only clubs are a relic of the past, that he had joined as a very different person and that he had attempted to change its culture from within. In April 2019, it was reported that Burnside has defended female genital mutilation; however, he has since stated that his comments were made as part of a "hypothetical legal argument", and that he believes both then and now that it should be banned. The allegation ostensibly referred to a paper Burnside had given to the Medico Legal Society in 1994. The paper includes the sentence: "I do not for a minute support or approve of mutilation of any sort or genital mutilation in particular" (The Proceedings of the Medico Legal Society of Victoria 1994 2002, at page 14)