Ian Freckelton

Professor Ian Freckelton QC is a member of the Victorian Bar Association,^[1] the Tasmanian Bar Association^[2] and the Northern Territory Bar Association^[3] in Australia. He is a Professorial Fellow in Law and Psychiatry at the University of Melbourne,^[4] an Adjunct Professor of Law at Monash University,^[5] and an Adjunct Professor in the Faculty of Health Sciences at the Auckland University of Technology.^[6]

Prominent cases

In 2012 he represented Northern Territory Police in the Briscoe Inquest^[7] in the Coroners Court in Alice Springs in the Northern Territory of Australia which investigated the death of an indigenous man in police custody.^[8]

He was counsel assisting the coroner Iain West in the David Wilson Inquest (1998–2012) at the Coroners Court of Victoria.^[9] concerning the kidnapping and murder of Australian David Wilson in Cambodia by the Khmer Rouge in 1994 and the responsibility of the Australian Government for not paying ransom to the Khmer Rouge.^[9] Wilson was murdered along with British national Mark Slater and French national Jean-Michel Braquet. The murders received Australian^[10][11] and international media attention for almost two decades.^[12][13]

In the Supreme Court of Victoria Ian Freckelton represented the parents of a seven-year-old girl who died in an accident, to prevent an autopsy that would have been distressing to the parents.^[14][15]

He represented four police members in the Coroners Court of Victoria at the Tyler Cassidy Inquest (2010–2011).^[16] Tyler Cassidy, aged 15, was shot dead by police.^[17][18] The circumstances of the case raised questions about Tyler Cassidy's intentions to be shot by police^[19] and the proportionality of the police response.

Ian Freckelton represented drug trafficker Tony Mokbel in the Federal Court of Australia in his appeal against an extradition order from Greece to Australia.^[20][21] Ian Freckelton and Frank Costigan were Counsel for the Department of Community Services Victoria in the controversial^[22][23] Children of God case.^[24][25] The case concerned 81 child protection applications relating to children in New South Wales and Victoria who were taken from their parents by social workers and police in a raid in 1992 on the suspicion that the children were in immediate danger of abuse if they remained with the fundamentalist Christian group.

He has also appeared for the Chiropractic Board of Australia against Dr Malcolm Hooper, a registered health practitioner who offered oxygen treatment to a patient with cerebral palsy.^[26][27] He also appeared for the Secretary to the Department of Planning and Community Development^[28][29] in a case which resulted in the first order in Australia removing an elected local government representative from office for not being of good character.^[30]

Ian Freckelton also appeared for forensic witness Robert Barnes in the Eastman Inquiry^[31] into the conviction of David Harold Eastman for the murder of Colin Stanley Winchester.^[32]

Academic career

Publications

Ian Freckelton's publications include:

• I Freckelton and H Selby, Expert Evidence, (co-editor and author) 6 volume looseleaf service, updated 4 monthly, Law Book Co, Sydney, 1993-ongoing;^[33]
• I Freckelton (editor and author), Criminal Law, Investigation and Procedure Victoria (general editor), 5 volume looseleaf service updated regularly, Law Book Co, Sydney, 2000-ongoing: ISBN 0455216789;^[34]
• I Freckelton (ed),'" Criminal Procedure", Volume 11 & "Sentencing," Volume 12, Laws of Australia (Law Book Co, Sydney, 1996-ongoing);^[35]
• I Freckelton and H Selby, Expert Evidence: Law, Practice and Procedure (Law Book Co, 4th edn 2009): ISBN 0455231621, 9780455231624;^[36]
• B McSherry and I Freckelton (eds), Coercive Care: Rights and the Law (Routledge, London, 2013): ISBN 1135016577, 9781135016579;^[37]
• I Freckelton and H Selby (eds), Appealing to the Future: Michael Kirby and his Legacy (Thomson, Sydney, 2009): ISBN 9780455226699, 9780455226682;^[38]
• I Freckelton and D Ranson, Death Investigation and the Coroner's Inquest (Oxford University Press, Melbourne, 2006): ISBN 9780195507003, 0195507002;^[39]
• I Freckelton and K Petersen (eds), Disputes and Dilemmas in Health Law (Federation Press, Sydney, 2006): ISBN 1862875537;^[40]
• I Freckelton (ed), Regulation of Health Practitioners (Federation Press, Sydney, 2006): ISBN 1862876207;^[41]
• I Freckelton and K Diesfeld (eds), Involuntary Detention and Civil Commitment: International Perspectives (Ashgate, Dartmouth, 2003): ISBN 0754622665;^[42]
• I Freckelton and D Mendelson, Causation in Law and Medicine (Ashgate, Dartmouth, 2002): ISBN 0754622045;^[43]
• I Freckelton, Criminal Injuries Compensation Law and Practice, (Law Book Co, Sydney, 2001): ISBN 0455217882.^[44]

Scholarly Journals

Freckelton founded the Journal of Law and Medicine in 1993, established the journal of Psychiatry, Psychology and Law in 1994 and remains the editor of both journals.^[45][46]

References