Volume 47

Issues 2024
Personalise

General Issue

Apr 2024

Articles:

Editorial

Jessie Liu


Searching the Reins and Hearts: Conversion Practices Reforms in Australia

Martin Clark and Brendan Gogarty


Paying for Freedom: Community Payment of Fines as Collective Resistance to Australia’s Criminalisation of Race and Class

Sarah Schwartz


Out-of-Home Care, Contact Orders and Infant Mental Health: Recognising a Unique Developmental Stage in Law, Policy and Practice

Rachel Gregory-Wilson, Elizabeth Handley, Liesel Spencer and Toby Rayburn


Hidden Risks of Economic Abuse through Company Directorships

Vivien Chen


Restricted Philanthropic Gifts: Paradigm Clash between Law and Practice or Simply a Muddle?

Ian Murray, Jeanette Jensen, Marco Rizzi, Robyn Carroll, Donovan Castelyn and Natalie Skead 


How Does the High Court Interpret the Constitution? A Qualitative Analysis between 2019–21

David Tan, Tamsin Phillipa Paige, Despina Hrambanis and Joseph Green


The High Court’s Prudential Approach to Constitutional Adjudication: When Is It Necessary to Resolve a Constitutional Question?

Tristan Taylor


Ownership and Objectivity: Judging Varieties for Plant Breeder’s Rights in Australia

Hamish Macdonald


A Call to Arms: Proposing the Use of Social Science Methods in Transnational Competition Law

Sven Gallasch and Jeremy Kingsley


The Internationalisation of Pseudolaw: The Growth of Sovereign Citizen Arguments in Australia and Aotearoa New Zealand

Harry Hobbs, Stephen Young and Joe McIntyre

Thematic Issue: Developments in Rights, Freedoms and Accountability

Jul 2024

General

Articles:

Taking Stock of Indigenous-State Treaty-Making in Australia: Opportunities and Challenges

Harry Hobbs


Sue the Police: The Role of Civil Liability in Addressing Indigenous Harms in Custody

Laura Griffin


Defending Primary Victims Who Face Criminal Charges for the Use of Defensive Force against Their Abusive Partners: Attempting to Change ‘Laws’ Practices’

Julia Tolmie, Rachel Smith and Denise Wilson


Innovation, Disruption and Consumer Harm in the Buy Now Pay Later Industry: An Empirical Study

Lucinda O'Brien, Iam Ramsay and Paul Ali

Thematic

Articles:

Editorial

Brad Marzol


Foreword

Perry Herzfeld SC


If at First You Don’t Succeed… A Critique of the Australian Human Rights Act Proposal and the Inquiry into Australia’s Human Rights Framework

Bruce Chen


Twenty Years of Human Rights Protection in the Australian Capital Territory: What Have We Learned

Tamara Walsh and Dominique Allen


Robust Watchdogs, Toothless Tigers, or Kangaroo Courts? The Evolution of Anti-corruption Commissions in Australia

Yee-Fui Ng and Stephen Gray


Administrative Review in Refugee Cases: The Vulnerable Persons Guidelines and the Role of Legal Representatives

Frances Simmons and Chantal Bostock

The Importance of Legal Accountability in Negligence and Mental Health Care

Penelope Weller, Tina Popa, Lauren Walsh-Buckley, Joey Cook and Chris Maylea


Command Responsibility in the Brereton Report: Weakened Accountability and the Threat to Rights, Freedoms, and Reputation

Carmel O'Sullivan

General Issue

Oct 2024

Articles:

Editorial

Jak Yasuda


‘Regulatory Action’ by Patients and Family Caregivers to Overcome Barriers to Accessing Voluntary Assisted Dying: A Qualitative Study in Victoria, Australia

Ruthie Jeanneret, Eliana Close, Lindy Willmott and Ben P White


Gender-Affirming Medical Treatment for Minors: International Legal Responses to an Evolving Debate

Gabrielle Wolf


Supporting Law Student Wellbeing: Integrating Trauma-Informed Practices in Legal Education

Aesha Ziad and Kelley Burton


Criminalising Coercive Control in New South Wales: Misunderstandings and Missed Opportunities

Jane Wangmann


Relevance, Probative Value, and Admissibility in the Criminal Trial: Atomism, Holism, and Incoherence in the High Court

David Hamer


Accessing Justice after Conviction: A Review of the Crimes (Appeal and Review) Act 2001 (NSW) Part 7 Division 3

Kylie Lingard


The Use of Electric Prodders on Rodeo Horses in Australia: Regulatory Inconsistency and Potential Illegality

Morgan Stonebridge, Di Evans, Jane Kotzmann and Andrew Mclean


A Comparative Analysis of Litigation Funding in Insolvency Claims and in Class Actions

Michael Duffy and Sulette Lombard


Intentional Noise Exposure as a Battery? A Case Study of Canada’s Freedom Convoy

Brandon D Stewart


Alien or Australian? The Involuntary Deprivation of Citizenship for Repudiation of Allegiance to Australia under Section 51(xxix) of the Constitution

Ashwini Ravindran

Thematic Issue: Equity, Conscience and Commercial Morality

Dec 2024

General

Articles:

Editorial 

Rowan Gray


Foreword

The Hon Justice Julie Ward


Ending Segregated Employment for Persons with Disabilities: The Case for Federal Social Cooperative Legislation in Australia

Reece Blackett


Disability Discrimination in Education: Investigating the ADR Experiences of Parents and Practitioners

Elpitha Spyrou and Marianne Clausen


Fantastic Precedents and Where to Find Them: An Argument for Limiting the Operation of Common Law Binding Precedent Rules When Interpreting the UN Sales Convention (CISG)

Benjamin Hayward

Thematic

Articles:

Corporate Alter Ego Liability in Equity

Jamie Glister and Calida Tang


Remedies and the Baumgartner Joint Endeavour Principle: Aspects of the Minimum Equity Rule

Maxen Williams


Terminating Fiduciary Obligations: Is There a Duty of Loyalty to Former Clients?

Jack Zhou


Proportionate Liability for Breach of Trust under the Civil Liability Act: An Opiate on the Conscience of Trustees

Matthew Conaglen


Pushing Equity’s Envelope: Probing the Arbitrary Distinction between Immoral and Unconscionable Commercial Behaviour

Mark Giancaspro


Corporate Whistleblowers and Financial Incentives

Jordan Tutton and Vivienne Brand

The Reality of Shareholder Ownership: For-profit Corporations as Slaves

Duncan I Wallace