Volume 44

Issues 2021
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Thematic Issue: Rights Protection amidst COVID-19 / General

Apr 2021

General

Articles:

The 2018 Australian High Court Constitutional Term: Placing the Court in Its Inter-Institutional Context

Gabrielle Appleby


‘Corporate Culture’ Is the ‘New Black’ – Its Possibilities and Limits as a Regulatory Mechanism for Corporations and Financial Institutions

Vicky Comino


Social Entrapment Evidence: Understanding Its Role in Self-Defence Cases Involving Intimate Partner Violence

Heather Douglas, Stella Tarrant and Julia Tolmie


The Australian Government’s Use of the Military in an Emergency and the Constitution

Anthony Gray


Trade Mark Law’s Identity Crisis (Part 1)

Michael Handler


Regulating Financial Advisers in the UK: Lessons for Australia

Weiping He and Han-Wei Liu

Thematic

Articles:

Editorial

Drew Gillespie


Foreword

Edward Santow


Legal Challenges to ICU Triage Decisions in the COVID-19 Pandemic: How Effectively Does the Law Regulate Bedside Rationing Decisions in Australia?

Eliana Close, Simon Young, Tina Cockburn, Lindy Willmott and Ben P White


COVID-19 and Sites of Confinement: Public Health, Disposable Lives and Legal Accountability in Immigration Detention and Aged Care

Sara Dehm, Claire Loughnan and Linda Steele



Refugee Protection in the COVID-19 Crisis and Beyond: The Capacity and Limits of International Law

Michelle Foster, Hélène Lambert and Jane McAdam

The Courts, the Remote Hearing and the Pandemic: From Action to Reflection

Michael Legg and Anthony Song


Pandemics, Punishment, and Public Health: COVID-19 and Criminal Law in Australia

Joseph Lelliott, Andreas Schloenhardt and Ruby Ioannou

Australian Residential Tenancies Law in the COVID-19 Pandemic: Considerations of Housing and Property Rights

Chris Martin

Wars, Pandemics and Emergencies: What Can History Tell Us about Executive Power and Surveillance in Times of Crisis?

Yee-Fui Ng and Stephen Gray

General Issue

June 2021

Articles:

Editorial

Rebecca Zhong


Trade Mark Law’s Identity Crisis (Part 2)

Michael Handler


The Potential of Restorative Justice in Promoting Environmental Offenders’ Acceptance of Responsibility

Hadeel Al-Alosi and Mark Hamilton


Emptying the Nest Egg to Fill the Nursery: Early Release of Superannuation to Fund Assisted Reproductive Technology

Neera Bhatia and Lily Porceddu


Presumptions upon Presumptions: Problems with the Threshold of Materiality

Nicholas Carey


The Political Exemption: A Justifiable Invasion of Privacy in the Political Sphere?

Tegan Cohen


Federal Reform: The Case for Supportive Subsidiarity in Australia

Jacob Deem

Reforming Australia’s federation is a critical but elusive goal, as the system is plagued by service delivery failures, blame-shifting and inefficiency. 


Rethinking Re Kelvin: A Children’s Rights Perspective on the ‘Greatest Advancement in Transgender Rights’ for Australian Children

Georgina Dimopoulos


A Common Law Tort of Interference with Privacy for Australia: Reaffirming ABC v Lenah Game Meats

Jelena Gligorijevic


The Tort of Collateral Abuse of Process

Emerson Hynard and Aiden Lerch


‘[I]f It’s a Public Health and Safety Thing … Why Not Just Give the Kids Helmets?’: Policing Mandatory Helmet Laws in New South Wales

Julia Quilter and Russell Hogg


Defining the Limits of Section 117 of the Constitution: The Need for a Theory of the Role of States

Daniel Reynolds


Resolving Priority Competitions between PPSA Security Interests and Non-PPS Interests

Adam Waldman

Thematic Issue: Big Technology and the Law / General

September 2021

General

Articles:

Addressing Disconnection: Automated Decision-Making, Administrative Law and Regulatory Reform

Anna Huggins


A Better Model for Australia’s Enhanced Fintech Sandbox

Anton N Didenko


A Masterclass in Evading the Rule of Law: The Saga of Scott Morrison and Temporary Protection Visas

Joyce Chia and Savitri Taylor


An Analysis of ESG Shareholder Resolutions in Australia

Lloyd Freeburn and Ian Ramsay


‘Every Move You Make … Every Word You Say’: Regulating Police Body Worn Cameras

Robyn Blewer and Ron Behlau


Imagining an Affirmational Republic

Shireen Morris

Thematic

Articles:

Editorial

Lilian Wan


Foreword

Rod Sims


Adtech and Children’s Data Rights

Lisa Archbold, Damian Clifford, Moira Paterson, Megan Richardson and Normann Witzleb


To Boldly Go, Part I: Developing a Specific Legal Framework for Assessing the Regulation of International Data Trade under the CISG

Benjamin Hayward


Managing Nascent Digital Competition: An Assessment of Australian Merger Law under Conditions of Radical Uncertainty

Joshua Sinn


Digital Democracy: Big Technology and the Regulation of Politics

Anika Gauja


Disinformation, Deepfakes and Democracies: The Need for Legislative Reform

Andrew Ray


Reconceptualising Copyright Markets: Disseminative Competition as a Key Functional Dimension

Cheryl Foong



Others:

Thematic: Big Technology and the Law – Illustration

Kaarina Allen

General Issue

November 2021

Articles:

Editorial

Alisha Mathias


In the Public Interest: Protections and Risks in Whistleblowing to the Media

Rebecca Ananian-Welsh, Rose Cronin and Peter Greste


Still Lagging Behind: Diagnosing Judicial Approaches to ‘Bodily Injury’ Claims for Psychiatric Injury under the Montreal Convention of 1999

John-Patrick Asimakis


The ‘Entrepreneurship Approach’ to Determining Employment Status: A Normative and Practical Critique

Pauline Bomball


Algorithmic Collusion and Australian Competition Law: Trouble Ahead for the National Electricity Market?

Jeremy D Chan


Investing for a Safe Climate?

Anita Foerster, Kym Sheehan and Daniel Parris


Perilous Fires, Pandemics and Price Gouging: The Need to Protect Consumers from Unfair Pricing Practices during Times of Crisis

Mark Giancaspro


To Boldly Go, Part II: Data as the CISG’s Next (but Probably Not Final) Frontier

Benjamin Hayward


Blurred Lines or Stark Contrasts: Are By-laws to Restrict Short-Term Holiday Letting Permissible in Queensland Community Titles Schemes?

Melissa Pocock


Religion and the Constitution: A Response to Luke Beck’s Safeguard against Religious Intolerance Theory of Section 116

Benjamin B Saunders and Alex Deagon


The Efficacy, Equity and Externalities of Australia’s COVIDSafe App as a Policy Intervention during the COVID-19 Pandemic: Was It Sunscreen or Tanning Lotion?

John Selby


Learning from Lived Experience: Australia’s Legal Response to Forced Marriage

Frances Simmons and Grace Wong


Comparative and Critical Analysis of Key Eligibility Criteria for Voluntary Assisted Dying under Five Legal Frameworks

Ben P White, Eliana Close, Lindy Willmott, Katrine Del Villar, Jocelyn Downie, James Cameron, Jayne Hewitt, Rebecca Meehan and Laura Ley Greaves


Growing Enlightenment: Sentencing Offenders with Autism Spectrum Disorder in Australia

Gabrielle Wolf


Native Title as Displaced Mediator

Stephen Young