Volume 43
- No 1 General Issue | Mar
- No 2 General Issue | Jun
- No 3 Thematic Issue | Sep
- No 4 Thematic Issue | Nov
General Issue
March 2020
Articles:
Editorial
Phoebe Saxon
Queensland’s Human Rights Act: A New Frontier for Australian Climate Change Litigation?
Justine Bell-James and Briana Collins
Taxation and Pricing of Natural Gas: The Dutch Transition to a Gas Market Hub and Lessons for Australia’s Integrated Gas Projects
Diane Kraal, Machiel Mulder and Peter Perey
Claimant Lawyer Use in Road Traffic Injury Compensation Claims
Clare E Scollay, Janneke Berecki-Gisolf, Becky Batagol and Genevieve M Grant
The Use of Coercive Public Health and Human Biosecurity Law in Australia: An Empirical Analysis
David J Carter
Addressing Sexual Harassment Law’s Inadequacies in Altering Behaviour and Preventing Harm: A Structural Approach
Elizabeth Shi and Freeman Zhong
The ‘Always Speaking’ Approach to Statutes (and the Significance of Its Misapplication in Aubrey v The Queen)
Dan Meagher
Reconsidering Independent Advice: A Framework for Analysing Two-Party and Three-Party Cases
Felicity Maher and Stephen Puttick
The Repeal of Section 51(3) of the Competition and Consumer Act: A Mistake in Need of Correction
Arlen Duke
Proprietary Estoppel in Australia: Two Options for Exercising Remedial Discretion
Ying Khai Liew
Does Discrimination Law Apply to Residential Strata Schemes?
Cathy Sherry
Home in Australia: Meaning, Values and Law?
Samuel Tyrer
General Issue
Jun 2020
Articles:
Editorial
Tom Milner
Reform of Civil Statutes of Limitation for Child Sexual Abuse Claims: Seismic Change and Ongoing Challenges
Ben Mathews and Elizabeth Dallaston
Historically, civil statutes of limitation applied standard approaches to claims for injuries suffered through child sexual abuse. Due to the features of these cases, many survivors were unable to commence an action for compensation within time, and could not access the civil justice system.
Does the Voluntary Assisted Dying Act 2017 (Vic) Reflect Its Stated Policy Goals?
Ben P White, Katrine Del Villar, Eliana Close and Lindy Willmott
Still Awaiting Clarity: Why Victoria’s New Civil Liability Laws for Organisational Child Abuse Are Less Helpful than They Appear
Laura Griffin and Gemma Briffa
Irreducible Life Sentences, Craig Minogue and the Capacity of Human Rights Charters to Make a Difference
Andrew Dyer
Parramatta Female Factory Precinct as a Site of Conscience: Using Institutional Pasts to Shape Just Legal Futures
Linda Steele, Bonney Djuric, Lily Hibberd and Fiona Yeh
Has the Australian Prudential Regulation Authority Done Enough to Meet Its Legislated Objectives and Prepare Australia for the Next Financial Crisis?
Gill North and Therese Wilson
Fraudulent Sex Criminalisation in Australia: Disparity, Disarray and the Underrated Procurement Offence
Jianlin Chen
Who Owns Information? Law Enforcement Information Sharing as a Case Study in Conceptual Confusion
Lyria Bennett Moses
Changing the Rules on Bail: An Analysis of Recent Legislative Reforms in Three Australian Jurisdictions
Lachlan Auld and Julia Quilter
Online Payday Lenders: Trusted Friends or Debt Traps?
Vivien Chen
Expert Evidence to Counteract Jury Misconceptions about Consent in Sexual Assault Cases: Failures and Lessons Learned
Jacqueline Horan and Jane Goodman-Delahunty
Action on Elder Abuse: A New South Wales Pilot Project on the Role of Legal and Health Practitioners in Elder Abuse Screening, Response and Prevention
Nola M Ries and Elise Mansfield
Thematic Issue: Revitalising Legal Authorities
Sep 2020
Articles:
Editorial
Inderpreet Kaur Singh
Foreword
The Hon Robert French AC
Intersectional Discrimination in Australia: An Empirical Critique of the Legal Framework
Alysia Blackham and Jeromey Temple
Corporate Whistleblowing, Smart Regulation and Regtech: The Coming of the Whistlebot?
Vivienne Brand
Vitalising International Human Rights Law as Legal Authority: Freedom of Expression Enjoyed by Australian Public Servants and Article 19 of the International Covenant on Civil and Political Rights
Azadeh Dastyari
What’s Plainly Wrong in Australian Law? An Empirical Analysis of the Rule in Farah
Antonia Glover
The Commonwealth Executive Power: Historical Constitutional Origins and the Future of the Prerogative
Catherine Dale Greentree
Municipal Courts and the International Interpretive Principle: Al-Kateb v Godwin
The Hon Michael Kirby AC CMG
Purpose-Based Governance: A New Paradigm
Rosemary Teele Langford
Use of the Corporate Form for Public Benefit: Revitalisation of Australian Corporations Law
Rosemary Teele Langford
Legislating in Language: Indigenous Languages in Parliamentary Debate, Legislation and Statutory Interpretation
Julian R Murphy
Revitalising Public Law in a Technological Era: Rights, Transparency and Administrative Justice
Yee-Fui Ng, Maria O’Sullivan, Moira Paterson and Normann Witzleb
Advancing Reproductive Rights through Legal Reform: The Example of Abortion Clinic Safe Access Zones
Ronli Sifris, Tania Penovic and Caroline Henckels
General Issue
Nov 2020
Articles:
Editorial
Seung Chan Rhee
Foreign Agent Registration Schemes in Australia and the United States: The Scope, Risk and Limitations of Transparency
Chris Draffen and Yee-Fui Ng
Algorithmic Collusion and Scrutiny: Examining the Role of the ACCC’s Information Gathering Powers in the Digital Era
Nathan Feiglin
Remedying Misaligned Norms in International and Constitutional Law: Investment Treaties, Property Rights and Proportionality
Jarrod Hepburn
The Death of the Legal Profession and the Future of Law
Dan Hunter
The High Court on Constitutional Law: The 2019 Statistics
Andrew Lynch
Female Health Practitioners Disciplined for Sexual Misconduct
Jenni Millbank
Sentencing ‘Crimmigrants’: How Migration Law Creates a Different Criminal Law for Non-citizens
Ellen Moore
Outsourcing to Not-for-Profits: Can Judicial Enforcement of Charity Law Provide Accountability for the Performance of ‘Public’ Functions?
Ian Murray and Murray Wesson
Use of the Corporate Form for Public Benefit: Revitalisation of Australian Corporations Law
Juliette Overland
Balancing Competing Interests in the Criminal Justice System: Aboriginal Fishing Rights in Coastal New South Wales
The Hon Justice Nicola Pain and Georgia Pick
Coercive Investigation of Corporate Crime: What Investigators Say
Eugene Schofield-Georgeson
Towards Fairly Apportioning Sale Proceeds in a Collective Sale of Strata Property
Edward Sw Ti
Casual Vacancies under Proportional Representation
Greg Taylor
Who Cares? The Conundrum for Gender Equality in Legal Practice
Margaret Thornton
Although women comprise the majority of practitioners in legal practice in Australia, the question of who cares remains an enduring challenge for gender equality.
The Law and Politics of Registering Doctors: Lessons from New South Wales, 1937–42
Gabrielle Wolf
Confidentiality and Privilege in Mediation: Concepts in Need of Better Regulation and Explanation
Bobette Wolski