Volume 40

Issues 2017
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General / Thematic: Contemporary Professionalism and Regulation

April 2017

General

Articles:

Diverting Fiduciary Gains to Companies

Jamie Glister


A Stewardship Approach to ‘Legitimate Interests’ in Deep Sea Genetic Resources for Use in Aquaculture

Fran Humphries


Wartime Sexual Violence as More than Collateral Damage: Classifying Sexual Violence as Part of a Common Criminal Plan in International Criminal Law

Sarah Schwartz


The Interrelation of Military and Civilian Inquiries

Pauline Collins


Automated Facial Recognition Technology: Recent Developments and Approaches to Oversight

Monique Mann and Marcus Smith


Indigenous Access to Family Law in Australia and Caring for Indigenous Children

Adelaide Titterton


More than Merely Work-Ready: Vocationalism versus Professionalism in Legal Education

Nickolas J James

Thematic

Articles:

Editorial

Maximus Jones


Foreword: Professions as Contingent Structures in a Perilous World

John Flood


The Large Professional Service Firm: A New Force in the Regulative Bargain

Justine Rogers, Dimity Kingsford Smith and John Chellew


Employed Professionals’ Ethical Responsibilities in Public Service and Private Enterprise: Dilemma, Priority and Synthesis

Hugh Breakey and Charles Sampford


Review Essay: Technology and the Professions: Utopian and Dystopian Futures

Graham Greenleaf


Building Ethics Regimes: Capabilities, Obstacles and Supports for Professional Ethical Decision-Making

Hugh Breakey


Professional Indemnity Insurance: Compensating Consumers and Regulating Professionals

John K Morgan and Pamela Hanrahan


National Exams as a Tool for Improving Standards: Can Australian Financial Advisers Take a Leaf From the Professionals’ Book?

Hugh Breakey and Charles Sampford


Banking and the Limits of Professionalism

Dimity Kingsford Smith, Thomas Clarke and Justine Rogers

General / Thematic: The Individual Judge

May 2017

General

Articles:

Flexibility in Decision-Making: An Assessment of the Australian Takeovers Panel

Emma Armson


‘The Big Chill’? A Comparative Analysis of Effects-Based Tests for Misuse of Market Power

Katharine Kemp


A Good-Faith Challenge to the Taxonomy of Tort Law Defences

Iain Field


Informed Consent and Performance Data: Clinician Experience as a Material Risk

Rebekah McWhirter


Expert Reports and the Forensic Sciences

Gary Edmond, Kristy Martire and Mehera San Roque


Access to Legal Representation by Criminal Defendants in Victoria, 1861–1961

Alana Piper and Mark Finnane


Thematic

Articles:

Editorial

Zoe Graus


Foreword

The Hon Robert French AC


Addressing ‘Loss of Identity’ in the Joint Judgment: Searching for ‘The Individual Judge’ in the Joint Judgments of the Mason Court

Andisheh Partovi, Russell Smyth, Ingrid Zukerman and Joseph Valente


Hail to the Chief! The Roles and Leadership of Australian Chief Justices as Evidenced in Extra-Curial Activity 1964–2017

Katherine Lindsay and David Tomkins


Women Judges, Private Lives: (In)visibilities in Fact and Fiction

Margaret Thornton and Heather Roberts


Justice Betty King: A Study of Feminist Judging in Action

Rosemary Hunter and Danielle Tyson


From Individual Judge to Judicial Bureaucracy: The Emergence of Judicial Councils and the Changing Nature of Judicial Accountability in Court Administration

Tin Bunjevac


Judicial Biography in Australia: Current Obstacles and Opportunities

Tanya Josev


The Judicial Individuality of Lord Sumption

James Lee


The Innovative Magistrate and Legitimacy: Lessons for a Mobile ‘Solution-Focused’ Model

Sarah Murray, Tamara Tulich and Harry Blagg

General / Thematic: Business and Human Rights: The Limits of the Law

September 2017

General

Articles:

The Constitutional Duty to Give Reasons for Judicial Decisions

Luke Beck


When Interpretation Acts Require Interpretation: Purposive Statutory Interpretation and Criminal Liability in Queensland

James Duffy and John O’Brien


Parliamentary Deliberation on Constitutional Limits in the Legislative Process

Gabrielle Appleby and Anna Olijnyk


Voting Rights and Australian Local Democracy

Ryan Goss


Regulating Supermarkets: The Competition for Space

Christopher Arup, Caron Beaton-Wells and Jo Paul-Taylor


Disclosable, but not Necessarily Fatal? Welfare Overpayments in the Uncertain Landscape of Fitness for Practice

Mark Thomas


Misfortune or Misdeed: An Empirical Study of Public Attitudes Towards Personal Bankruptcy

Paul Ali, Lucinda O’Brien and Ian Ramsay


Beyond Recognition: Lessons from Chile for Allocating Indigenous Water Rights in Australia

Elizabeth Macpherson

Thematic

Articles:

Editorial

Josiah Fajardo


Foreword

Justine Nolan


Holding Companies Responsible? The Criminal Liability of Australian Corporations for Extraterritorial Human Rights Violations

Radha Ivory and Anna John


Negotiating a Treaty on Business and Human Rights: The Early Stages

Humberto Cantu Rivera


Empty Rituals or Workable Models? Towards a Business and Human Rights Treaty

Jolyon Ford and Claire Methven O'Brien


Changing Approaches to Child Labour in Global Supply Chains: Exploring the Influence of Multi-stakeholder Partnerships and the United Nations Guiding Principles on Business and Human Rights

Martijn Boersma


Orchestration from Below? Trade Unions in the Global South, Transnational Business and Efforts to Orchestrate Continuous Improvement in Non-state Regulatory Initiatives

Sarah Rennie, Tim Connor, Annie Delaney and Shelley Marshall

General / Thematic: Rethinking Climate Change and the Law

November 2017

General

Articles:

Are Courts Colourblind to Country? Indigenous Cultural Heritage, Environmental Law and the Australian Judicial System

Lauren Butterly and the Hon Justice Rachel Pepper


Law, Politics and Ideology: The Regulatory Response to Trade Union Corruption in Australia

Anthony Forsyth


Something in the Air but Not on the Label: A Call for Increased Regulatory Ingredient Disclosure for Fragranced Consumer Products

Sarah Lunny, Rebecca Nelson and Anne Steinemann


Children’s Unsworn Evidence: Historical Developments and Contemporary Issues

Michael Harris and Gregor Urbas


Under Control, But out of Proportion: Proportionality in Sentencing for Control Order Violations

Tim Matthews


Schemes of Arrangement: Economic Analysis of Three Issues Relating to Classification of Claims

Charles Zhen Qu and Stefan H C Lo


The High Court on Constitutional Law: The 2016 and French Court Statistics

Andrew Lynch and George Williams

Thematic

Articles:

Editorial

Christopher Chiam


Foreword

Roger Clarke


Website Blocking Injunctions to Prevent Copyright Infringements Proportionality and Effectiveness

David Lindsay


Resolution Powers Over E-Money Providers

Katharine Kemp and Ross P Buckley


Promoting Financial Inclusion by Encouraging the Payment of Interest on E-Money

Cheng-Yun Tsang, Louise Malady and Ross P Buckley


Cyber-Violence: Digital Abuse in the Context of Domestic Violence

Hadeel Al-Alosi


‘Scum of the Earth’: An Analysis of Prejudicial Twitter Conversations during the Baden-Clay Murder Trial

Rachel Hews and Nicolas Suzor


Yesterday Is History, Tomorrow Is a Mystery – The Fate of the Australian Jury System in the Age of Social Media Dependency

Kerstin Braun