Volume 38

Issues 2015
Personalise

General Issue

April 2015

Articles:

Editorial

Catherine Chan


On Mediation, Legal Representatives and Advocates

Bobette Wolski


Juvenile Sex Offending: Its Prevalence and the Criminal Justice Response

Kate Warner and Lorana Bartels


Sentencing: From Vagueness to Arbitrariness: The Need to Abolish the Stain That Is the Instinctive Synthesis

Mirko Bagaric


Over the Borderline: A Critical Inquiry into the Geography of Territorial Excision and the Securitisation of the Australian Border

Anthea Vogl


Replacing Inadequate Class Representatives in Federal Class Actions: Quo Vadis?

Vince Morabito


The Australian Alternative: A View from Abroad of Recent Developments in Securities Class Actions

Samuel Issacharoff and Thad Eagles


The Game of Clones and the Australia Tax: Divergent Views about Copyright Business Models and the Willingness of Australian Consumers to Infringe

Paula Dootson and Nicolas Suzor


Beginning to Address ‘The Elephant in the Classroom’: Investigating and Responding to Australian Sessional Law Teachers’ Unmet Professional Development Needs

Mary Heath, Anne Hewitt, Mark Israel and Natalie Skead


Incremental and Inevitable: Contextualising the Threshold Learning Outcomes for Law

Anna Huggins


The Holy Grail: Work-Life Balance in the Legal Profession

Drew, Doita Datta and Jill Howieson


Citation Practices of the Australian Law Reform Commission in Final Reports 1992–2012

Kieran Tranter


Statute and Common Law: Interaction and Influence in Light of the Principle of Coherence

Elise Bant


Designing Effective Regulation: A Normative Theory

Benedict Sheehy and Donald Feaver

General / Thematic: Rethinking Detention in Australia

July 2015

General

Articles:

Children with Gender Dysphoria and the Jurisdiction of the Family Court

Felicity Bell


The Politics of Proceeds of Crime Legislation

Natalie Skead and Sarah Murray


ADR Zealots, Adjudicative Romantics and Everything in Between: Lawyers in Mediations

Lillian Corbin, Paula Baron and Judy Gutman


Limitations of the Market-Based Approach to Farm Animal Welfare

Aaron C Timoshanko


Revisiting the Australian Code of Banking Practice: Is Self-Regulation Still Relevant for Improving Consumer? Protection Standards?

Nicola J Howell


Statutory Construction and Native Title Extinguishment: Expanding Constructional Choices

Samantha Hepburn

Thematic

Articles:

Editorial

Anna Rienstra


Foreword

Michael Grewcock


Back to the Constitution: The Implications of Plaintiff S4/2014 for Immigration Detention

Joyce Chia


Detention of Australia’s Asylum Seekers in Nauru: Is Detention by Any Other Name Just As Unlawful?

Azadeh Dastyari


Rethinking Asylum Seeker Detention at Sea: The Power to Detain Asylum Seekers at Sea under the Maritime Powers Act 2013 (Cth)

Patrick Emerton and Maria O'Sullivan


Preventative Detention Orders in Australia

Svetlana Tyulkina and George Williams


Preventative Detention Orders and the Separation of Judicial Power

Rebecca Ananian-Welsh


The Preventive Detention of Sex Offenders: Law and Practice

Patrick Keyzer and Bernadette McSherry


Post-Sentence Preventive Detention and Extended Supervision of High Risk Offenders in New South Wales

Tamara Tulich

General / Thematic: Non-judicial Inquiries

September 2015

General

Articles:

Assessing Testamentary Capacity in the 21st Century: Is Banks v Goodfellow Still Relevant?

Kelly Purser


Estate Contestation in Australia: An Empirical Study of a Year of Case Law

Ben White, Cheryl Tilse, Jill Wilson, Linda Rosenman, Kelly Purser and Sandra Coe


A New Challenge for Commercial Practitioners: Making the Most of Shared Laws and Their ‘Jurisconsultorium’

Camilla Baasch Andersen


Two Cheers for Prescription? Lessons for the Red Tape Reduction Agenda

Neil Gunningham


Designing Effective Regulation: A Positive Theory

Donald Feaver and Benedict Sheehy


ATO Accountability and Taxpayer Fairness: An Assessment of the Proposal To Split the Australian Taxation Office

John Bevacqua


Stop the Bullying: The Anti-bullying Provisions in the Fair Work Act and Restoring the Employment Relationship

Rodney Worth and Joan Squelch


Does Parliament Do Enough? Evaluating Statements of Compatibility under the Human Rights (Parliamentary Scrutiny) Act

Shawn Rajanayagam


The High Court on Constitutional Law: The 2014 Statistics

Andrew Lynch and George Williams


Non-adversarial Justice and The Remaking of the Courts [Review Essay]

Anna Olijnyk

Thematic

Articles:

Editorial

Zhongwei Wang


Foreword

The Hon Justice Peter McClellan AM


Royal Commissions and Contempt of Court: The Effect of Curial Proceedings

Fiona Roughley


The Privacy Commissioner and Own-Motion Investigations into Serious Data Breaches: A Case of Going through the Motions?

Jodie Siganto and Mark Burdon


The ACNC, the Senate, the Commission of Audit and the Not-for-Profit Sector

Elen Seymour and Marina Nehme


Uncomfortable Truths: Protecting the Independence of National Human Rights Institutions To Inquire

Meg Brodie

General / Thematic: Enacting Stigma

November 2015

General

A Tangled Web Indeed: The English Land Registration Act and Comparisons with the Australian Torrens System

Penny Carruthers


Literature in Law – Judicial Method, Epistemology, Strategy, and Doctrine

Desmond Manderson


Whitmore and the Americans: Some American Influences on the Development of Australian Administrative Law

The Hon Justice Stephen Gageler


The Rights of Prisoners under the Victorian Charter: A Critical Analysis of the Jurisprudence on the Treatment of Prisoners and Conditions of Detention

Julie Debeljak


Whither Indefinite Immigration Detention in Australia? Rethinking Legal Constraints on the Detention of Non-citizens

Peter Billings


Courts and Teamwork: What it Means for Judicial Diversity [Review Essay]

Andrew Lynch


Lawyers’ Suicide – The Influence of Legal Studies and Practice, Stress, Clinical Depression and Sexuality [Speech]

The Hon Michael Kirby AC CMG

Thematic

Editorial

Amila Perera


Foreword

Paula Baron


Stigmatising the ‘Normal’: The Legal Regulation of Behaviour as a Disability

Isabel Karpin and Karin O'Connell


The Sexual Legal Geography in Comcare v PVYW

Brad Jessup and Clare McIlwrath


Stigmatisation and the Social Construction of Bullying in Australian Administrative Law: You Can’t Make an Omelette Without Cracking an Egg

Angela T Ragusa and Phillip Groves


Reinforcing Stigma or Delivering a Fresh Start: Bankruptcy and Future Engagement in the Workforce

Nicola Howell and Rosalind Mason


‘Short a Few Quid’: Bankruptcy Stigma in Contemporary Australia

Paul Ali, Lucinda O'Brien and Ian Ramsay