Browsing Sydney Law School by title
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The 2023 Australian Referendum: a proposal for an Indigenous Voice to Parliament and Government
Published 2023On October 14, 2023, Australian electors voted in a referendum regarding a proposal to change the Constitution by explicitly recognizing Aboriginal and Torres Strait Islander people through the insertion of a Voice to ...Open AccessArticle -
Aboriginal young people and crime
Published 2011-02-16On 11 November 2010, the Department of Human Services NSW - Juvenile Justice and the Sydney Institute of Criminology hosted a seminar that considered the facts of juvenile offending. One major theme emerging from this ...Open AccessPresentation -
Abstracts & Biographies: Australasian Teaching Critical Criminology Conference 2007
Published 2011-05-03This document includes the abstracts and biographies of presenters at the 2007 Australasian Teaching Critical Criminology Conference, known in more recent years as the Australian and New Zealand Critical Criminology Conference.Open AccessOther -
Acceptance of benefit as a basis for restitution
Published 2002In the late 1980s, after the publication of Professor Birks’s Introduction to the Law of Restitution, the role of acceptance as a basis for restitution in relation to non-monetary benefits was hotly debated. In recent years ...Open AccessArticle -
Aceh and Islamic Criminal Law in the Courts
Published 2020In 2014, the Aceh provincial government enacted a Qanun Jinayat or Islamic Criminal Code. The Qanun came into force on 22 October 2015, one year later. The positions of Islam in the state and of Islamic law in the legal ...Open AccessAccepted manuscript -
After the storm: The Whaling in the Antarctic Case and the Australian Whale Sanctuary
Published 2014In March 2014 the International Court of Justice (ICJ) handed down its decision in the Whaling in the Antarctic Case between Australia and Japan, in which it found by 12 votes to four that Japan’s whaling program in the ...Open AccessArticle -
Allegiance, Foreign Citizenship and the Constitutional Right to Stand for Parliament
Published 2020In 2017, in Re Canavan, the High Court of Australia found five sitting Members of the Commonwealth Parliament to be citizens of a 'foreign power' and thus ineligible, under s 44(i) of the Constitution, to hold their seats. ...Open AccessArticle -
An alternative republic proposal
Published 2015The recent revival of discussion of an Australian republic has not yet addressed the fundamental contradictions at the core of the debate, which stymied success in 1999 and which will continue to divide republicans unless ...Open AccessArticle -
Ambiguity in Richard Dehmel’s Poem "Erwartung” and Its Influence on the Interpretation of Arnold Schoenberg’s Vier Lieder, op 2
Published 2022The language in Richard Dehmel’s (1863-1920) poetry and Arnold Schoenberg’s (1874-1951) complex chromaticism in his song cycle Vier Lieder, op 2 goes beyond the mere description of the scenic setting in "Erwartung ...Open AccessRecording, acoustical -
Appeals against conviction on indictment: Process, outcome and NSW reform after Kalbasi v Western Australia
Published 2019The High Court's recent decision in Kalbasi v Western Australia (Kalbasi) should present no obstacle to the adoption of the New South Wales Law Reform Commission's proposed reform to the "common form" conviction appeal ...Open AccessArticle -
Applicable Law to Transnational Personal Data: Trends and Dynamics
Published 2020Abstract The recent COVID-19 outbreak has pushed the tension of protecting personal data in a transnational context to an apex. Using a real case where the personal data of an international traveler was illegally released ...Article -
Arbitration in Indonesia: Largely Dependable Recognition and Enforcement
Published 2020This chapter begins by outlining the key features of the 1999 Arbitration Law and its predecessors, before discussing early judicial resistance to the recognition and enforcement of arbitral awards. The chapter seeks to ...Open AccessBook chapter -
Assessing rationing decisions through the principle of proportionality
Published 2021Rationing policies necessarily discriminate, as they must identify bases on which to discriminate between patients in order to prioritise. Treatments may provide a greater benefit to some people than others and this may ...Open AccessArticle -
Assignment of Bare Rights to Litigate: Assessing the Modern Doctrinal Position
Published 2014-01-01It is well settled that an assignment of a bare right to litigate (or bare right of action) is prima facie invalid unless the assignee could establish a ‘genuine commercial interest’ in taking the transfer. Although the ...Open AccessThesis, Honours -
Assignment of contractual rights: The apparent reformulation of the personal rights rule
Published 2007It is a fundamental rule of assignment that personal contractual rights cannot be assigned. It is also well settled that whether or not a right is personal is an issue of construction. However, there is a view that greater ...Open AccessArticle -
The assignment of guarantees: A review of Hutchens v Deauville Investments Pty Ltd
Published 2011In Hutchens v Deauville Investments Pty Ltd, the High Court of Australia held that the assignee of the benefit of a guarantee could not enforce that guarantee when title to the underlying credit contract remained with the ...Open AccessArticle