Volume 41

Issues 2018
Personalise

General issue

April 2018

Articles:

Editorial

Rose Vassel


Using Parliamentary Materials in Interpretation: Insights from Parliamentary Process

Jacinta Dharmananda


The Role of Committees in Rights Protection in Federal and State Parliaments in Australia

Laura Grenfell and Sarah Moulds


Law and Poverty: A Paradox

Ronald Sackville


The Treatment of Australian Children in Detention: A Human Rights Law Analysis of Media Coverage in the Wake of Abuses at the Don Dale Detention Centre

Kate Fitz-Gibbon


Victim Impact Statements and Sentencing Homicide Offenders: A Critical Analysis of Recent Changes to the Crimes (Sentencing Procedure) Act 1999 (NSW)

Tracey Booth


Legal Responses to Non-Consensual Smartphone Recordings in the Context of Domestic and Family Violence

Heather Douglas and Mark Burdon


The Legalities of Revoking University Degrees for Misconduct: Recommendations for Australian Universities

Pnina Levine and Michelle Evans


What Do Trial Judges Cite? Evidence from the New South Wales District Court

Russell Smyth


Divided Performance of Patented Methods in Australia: A Call to Codify Procured Infringement

Johnathon E Liddicoat

General issue

May 2018

Articles:

Editorial

Amelia Loughland


Where Does Truth Lie? The Challenges and Imperatives of Fact-Finding in Trial, Appellate, Civil and Criminal Courts and International Commissions of Inquiry

The Hon Michael Kirby AC CMG


Lessons from History in Dealing with Our Most Dangerous

Harry Hobbs and Andrew Trotter


Determining a Suicide under Australian Law

Stephanie Jowett, Belinda Carpenter and Gordon Tait


Family Property Division and the Principle of Judicial Restraint

Patrick Parkinson AM


The French Court and the Principle of Legality

Bruce Chen


Holding Food Companies Responsible for Unhealthy Food Marketing to Children: Can International Human Rights Instruments Provide a New Approach?

Elizabeth Handsley and Belinda Reeve


Characterisation of Breach of Confidence as a Privacy Tort in Private International Law

Michael Douglas


The Limits of the Comparative Public Law Methodology in International Investment Law: An Australian Case Study

Alexander Ferguson


Removing Donor Anonymity: What Does it Achieve? Revisiting the Welfare of Donor-Conceived Individuals

Michelle Taylor-Sands


Assessing the Effectiveness of Wellbeing Initiatives for Lawyers and Support Staff

Suzanne Poynton, Janet Chan, Melissa Vogt, Anne Grunseit and Jasmine Bruce

Thematic: Vulnerability and the Law

September 2018

Articles:

Editorial

Veronica Sebesfi


Foreword

Jonathan Herring


‘The Torment of Our Powerlessness’: Addressing Indigenous Constitutional Vulnerability through the Uluru Statement’s Call for a First Nations Voice in Their Affairs

Shireen Morris


You Can’t Charge Me, I’m a Cop: Should Police, Corrections Staff and Law Enforcement Officers Be Immune from Criminal Liability for Actions Carried Out against Vulnerable People in the Course of Their Duties?

Stephen Gray


Policing the Police: Independent Investigation for Victoria

Sinéad O'Brien Butler


Silencing Prote(x)t: Disrupting the Scripts of Mental Health Law

Fleur Beaupert


Vulnerability: False Hope for Vulnerable Social Security Clients?

Terry Carney


From Safety Nets to Support Networks: Beyond ‘Vulnerability’ in Protection for Consumers with Cognitive Disabilities

Yvette Maker, Jeannie Marie Paterson, Anna Arstein-Kerslake, Bernadette McSherry and Lisa Brophy


Adverse Effects: Can the Fair Work Act Address Workplace Discrimination for Employees with a Disability?

Dominique Allen


The Vulnerability of Safe Haven Enterprise Visa Holders: Balancing Work, Protection and Future Prospects

Alexander Reilly


In Vital Need of Reform: Providing Certainty for Working Women Undergoing IVF Treatment

Thomas Hvala


Harming Women with Words: The Failure of Australian Law to Prohibit Gendered Hate Speech

Tanya D'Souza, Laura Griffin, Nicole Shackleton and Danielle Walt


Responding to Vulnerability? Forced Marriage and the Law

Heli Askola


Protecting Vulnerable Refugees: Procedural Fairness in the Australian Fast Track Regime

Emily McDonald and Maria O'Sullivan

General Issue

November 2018

Articles:

Editorial

Isabel Chong


High Court Constitutional Challenges to Criminal Law and Procedure Legislation in Australia

Luke McNamara and Julia Quilter


Contextualism: ‘The Modern Approach to Statutory Interpretation’

Jeffrey Barnes


Judge v Robot? Artificial Intelligence and Judicial Decision-Making

Tania Sourdin


The High Court on Constitutional Law: The 2017 Statistics

Andrew Lynch and George Williams


Monetary Awards for Public Law Wrongs: Australia’s Resistant Legal Landscape

Ellen Rock and Greg Weeks


Reconceptualising Current Issues in the Law and Practice of Consent Determinations under the Native Title Act 1993 (Cth)

Aaron Moss


Small Defamation Claims in Small Claims Jurisdictions: Worth Considering for the Sake of Proportionality?

Kim Gould


Restraining ‘Extraneous’ Prejudicial Publicity: Victoria and New South Wales Compared

Jason Bosland


What Are the Duties of Constructive Trustees?

Daniel Reynolds


Director Appointments: Expressing Board Care and Diligence

Thea Voogt and Martie-Louise Verreynne


Informing the Euthanasia Debate: Perceptions of Australian Politicians

Andrew McGee, Kelly Purser, Christopher Stackpoole, Ben White, Lindy Willmott and Juliet Davis


Is the Classification of Animals as Property Consistent with Modern Community Attitudes?

Geeta Shyam