Volume 45

Issues 2022
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Thematic Issue: Abuse of Power / General

April 2022

General

Articles:

Judicial Review and the Tax Assessment-Making Process

John Azzi


Beyond Unconscionability: Exploring the Case for a New Prohibition on Unfair Conduct

Nicholas Felstead


Religious Freedom and Job Security

Joellen Riley Munton and Therese MacDermott


From Fact Finding to Truth-Telling: An Analysis of the Changing Functions of Commonwealth Royal Commissions

Jonathan Tjandra


Using Tobacco Plain Packaging to Protect the Human Rights of Children

Genevieve Wilkinson


Who Is Eligible for Voluntary Assisted Dying? Nine Medical Conditions Assessed against Five Legal Frameworks

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

Thematic

Articles:

Editorial

Karie Mayman


Constraining the Uber-Powerful Digital Platforms: A Proposal for a New Form of Regulation of On-Demand Road Transport Work

Michael Rawling and Joellen Riley Munton


Refugees and Asylum Seekers as Workers: Radical Temporariness and Labour Exploitation in Australia

Laurie Berg, Sara Dehm and Anthea Vogl


Misuse of Power in the Australian Charities Sector

Rosemary Teele Langford and Miranda Webster


Legal Unreasonableness: In Need of a New Justification?

Janina Boughey


Modern Slavery and Material Justice: The Case for Remedy and Reparation

Frances Simmons, Jennifer Burn and Fiona Mcleod AO SC


Addressing the Impact of Animal Abuse: The Need for Legal Recognition of Abused Pets as Sentient Victims of Domestic Violence in Australia

Jane Kotzmann, Mirko Bagaric, Gabrielle Wolf and Morgan Stonebridge


Minister for Home Affairs v Benbrika and the Capacity of Chapter III of the Commonwealth Constitution to Protect Prisoners’ Rights

Andrew Dyer

General Issue

July 2022

Articles:

Editorial

Aakriti Shoree


Voluntary Requests, or Vulnerable Adults? A Critique of Criminal Sentencing in Assisted Suicide and ‘Mercy Killing’ Cases

Katrine Del Villar, Lindy Willmott and Ben P White


Renovating the Orthodox Theory of Australian Territorial Sovereignty

Daniel Lavery


Rationing Justice: Tempering Demand for Courts in the Managerialist State

Brian Opeskin


Of Parole and Public Emergencies: Why the Victorian Charter Override Provision Should Be Repealed

Julie Debeljak


Employment Discrimination by Algorithm: Can Anyone Be Held Accountable?

Natalie Sheard


The Unusual Place of Industry Codes of Conduct in the Regulatory Framework

Andrew Terry


Social Housing, Homelessness and Human Rights

Tamara Walsh


Legal Duties of Researchers to Protect Participants in Child Maltreatment Surveys: Advancing Legal Epidemiology

Ben Mathews


Regulating Volunteer Directors’ Duties in Companies Registered with the Australian Charities and Not-for-profits Commission

Jeanne Nel de Koker


A Critique of the Counter-Terrorism (Temporary Exclusion Orders) Act 2019 (Cth) in Light of Australia’s Obligations under the United Nations Convention on the Rights of the Child

Meda Couzens


The Perpetual Trustee Co Ltd v Smith Priority Paradox: Just How Paramount Are Paramount Interests?

Lisa Spagnolo and Sharon Rodrick


Post-pandemic Workplace Design and the Plight of Employees with Invisible Disabilities: Is Australian Labour Law and Anti-Discrimination Legislation Equipped to Address New and Emerging Workplace Inequalities?

Angelo Capuano

Thematic Issue: Law and Economics / General

August 2022

General

Articles:

Where Is the Evidence in Evidence-Based Law Reform?

Jason M Chin, Malgorzata Lagisz and Shinichi Nakagawa


Heart Transplantation after Circulatory Death: It Is Time to Redefine Death According to Irreversible Cessation of the Circulation and Reconcile It with Irreversible Cessation of Brain Function

Neera Bhatia and James Tibballs


Encryption and the Privilege against Self-Incrimination: What Happens When a Suspect Refuses to Divulge a Password

Daniel Hochstrasser


Considering Zoonotic Disease Risk in Australia: An Analysis of the Adequacy of Intensive Animal Agriculture Regulation

Jane Kotzmann and Morgan Stonebridge


The Doctrine of Command Responsibility in Australian Military Law

Anthony Gray


A Promising Path or Dead End? A Director’s Duty of Care in China

Charlie Xiao-Chuan Weng

Thematic

Articles:

Editorial

Katherine Cheng


Foreword

Hon Sir Anthony Mason AC KBE GBM


Patents and Gender: A Big Data Analysis of 15 Years of Australian Patent Applications

Vicki Huang, Sue Finch and Cameron Patrick


Property as Emergent Order: Explanations and Limitations

Michael JR Crawford


Climate and Carnism: Regulatory Pathways towards a Sustainable Food System

Victoria Chen and Cary Di Lernia


The Fast and the Furious: Exploring the Limits of Law and Economics through a Campaign to Repeal the Luxury Car Tax

Kathryn James

A Data Driven Approach to Evaluating and Improving Judicial Decision-Making: Statistical Analysis of the Judicial Review of Refugee Cases in Australia

Daniel Ghezelbash, Keyvan Dorostkar and Shannon Walsh

Thematic Issue: Abuse of Power / General

Dec 2022

Articles:

Editorial

Georgia Fink-Brigg


Exploring the Legal Basis in Australia for Evacuations from Disasters: Avoiding Arbitrary Displacement

Jane McAdam


The Right of Indigenous Children to Cultural Safety in the Family Laws of Australia and New Zealand

Henry Kha and Marica Ratnam


The Monogamous Temporalities of Marriage Law: Explaining Bisexual Erasure in Australian Same-Sex Marriage Debates

Dylan Stanford


Addressing the Problem of Direct Cross-Examination in Australian Family Law Proceedings

Jane Wangmann, Miranda Kaye and Tracey Booth


Controlling the ‘Invasion’: The Commonwealth Alien Doctors Board and Medical Migrants in Australia, 1942–46

Gabrielle Wolf


Protection from Institutional Censorship: An Essential Aspect of Academic Freedom

Bill Swannie


Facial Recognition Technology, Privacy and Administrative Law

Harry Aniulis


Oppression in Two Sections: A Study of the Judicial Interpretation of Oppression in Sections 232 and 445D(1)(f) of the Corporations Act 2001 (Cth)

Nadia Hess


The Consumer Data Right: How to Realise This World-Leading Reform

Natalia Jevglevskaja and Ross P Buckley


Avoiding the Wholesale De-banking of Cryptocurrency Exchanges in Australia

Max Parasol


Procedural Justice in a Tribunal Context: An Exploration and Extension of the Concept from a Human-Centred Design Perspective

Tina Popa, Ingo Oswald Karpen, Mark Richard Wright and Olivia Dean 


The Future of the Recognition and Enforcement of Foreign Intellectual Property Judgments in Australia

Veronica Sebesfi