Browsing Research Publications and Outputs by publication year
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The Chapter III courts: The evolution of Australia's federal judiciary
Published 1995Under Chapter III of the Australian Constitution, Parliament has created a series of federal courts, the functions of which are to adjudicate claims through the application of federal and State laws. The authors chronicle ...Open AccessArticle -
Welfare appeals and the ARC report to SSAT or not to SSAT: Is that the question?
Published 1996An Australian Administrative Review Council (ARC) report proposes that two-tier external merits review of social security appeals be reduced to a single tier of review (by the Administrative Appeals Tribunal). At the same ...Open AccessArticle -
From citizenship to contractualism: The transition from unemployment benefits to employment services in Australia
Published 1999Contractualism in public administration is running apace. As part of this trend, unemployment assistance has been radically restructured over the 1990s. This article identifies seven stages in the transition from an ...Open AccessArticle -
The use of human tissue samples in medical research: Legal issues for human research ethics committees
Published 2000This article provides a framework for considering some of the legal issues that arise from the use of human tissue samples in medical research, particularly when human research ethics committees (HRECs) scrutinise research ...Open AccessArticle -
Review: "Media Law: Commentary and Materials" by Sally Walker, LBC Information Services, Sydney, 2000
Published 2001In her inaugural professorial lecture at the University of Melbourne in October 1993, Professor Sally Walker drew attention to the intimidating array of laws that modern media lawyers are expected to be on top of ("Regulating ...Open AccessArticle -
Freedom of speech in Australian defamation law: Ridicule, satire and other challenges
Published 2001This article argues that freedom of speech has a shifting and uncertain status in Australian law. Part 2 argues this case at the level of media law generally, suggesting that this uncertain status reflects the present, ...Open AccessArticle -
(De)regulating the rural environment
Published 2002The 1992 United Nations Conference on Environment and Development (the Rio Conference) heralded a new era of environmental law, with its purpose to formulate strategies to achieve sustainable development worldwide, recognising ...Open AccessArticle -
Review: "Contract law" by Lindy Willmot, Oxford University Press, Melbourne 2001
Published 2002On a first look through this textbook, this reviewer was reminded of a saying along the following lines: 'What is new about this book is not good; what is good about this book is not new'. It has been attributed variously ...Open AccessArticle -
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 -
The heat is on: Australia's response to global climate change
Published 2002This article examines Australia's refusal to ratify the Kyoto Protocol and the domestic opposition to this stance. The federal government's 'no regrets' policy is viewed as providing some benefits but unlikely to meet ...Article -
The International Criminal Court and the Australian Constitution
Published 2002The International Criminal Court (ICC) came into existence on 1 July 2002, when the 1998 Statute of the International Criminal Court (the Rome Statute) entered into force. Australia ratified the statute that same day, after ...Open AccessArticle -
Standard deviation? The problematic pre-condition to SEPP 1
Published 2002Flexibility is brought into the New South Wales environmental planning system by a State department policy called State Environmental Planning Policy No 1 – Development Standards. It provides a mechanism whereby applicants ...Open AccessArticle -
Data registers in respiratory medicine: A pilot project evaluating compliance with privacy laws and the National Statement on Ethical Conduct in Research Involving Humans
Published 2002This article reports on data from a small pilot survey evaluating the compliance of voluntary databases in respiratory medicine with privacy laws and the National Health and Medical Research Council's National Statement ...Open AccessArticle -
You have to be stronger than razor wire: Legal issues relating to the detention of Refugees and asylum seekers
Published 2002This article explores the international legal principles that do or should determine state practice in detaining refugees and asylum seekers. The issues fall into two broad categories: the circumstances in which it is ...Open AccessArticle -
A time to value: Proposal for a national paid maternity leave scheme
Published 2003The Sex Discrimination Unit of the Human Rights and Equal Opportunity Commission (HREOC) issued "A Time to Value: Proposals for a National Paid Maternity Leave Scheme" in December 2002 - the report put forward a comprehensive ...Open AccessArticle -
Perverse jury verdicts in New South Wales defamation trials
Published 2003The New South Wales Court of Appeal has recently set aside a series of jury verdicts in defamation trials on the basis of perversity. Rather than being attributable solely to 'perverse' juries, these cases indicate the ...Open AccessArticle -
A clearly inappropriate forum? Jurisdiction, internet defamation and the high court of Australia
Published 2003When the High Court of Australia handed down its decision in Dow Jones & Co Inc v Gutnick on 10 December 2002, it attracted international media coverage, a significant proportion of which was hostile. This level of interest, ...Open AccessArticle -
The implications of electricity restructuring for a sustainable energy framework: What's law got to do with it?
Published 2003The restructuring of electricity markets is a worldwide phenomenon driven by broader programs of microeconomic reform. Since the 1970s, governments, driven by free market economics, have endorsed the introduction of ...Open AccessArticle -
Enforcing Australian fisheries laws: Testing the limits of hot pursuit in domestic and international law
Published 2004A consideration of aspects of the domestic and international legal regimes applying to the hot pursuit of fishing vessels, with particular reference to the pursuit and arrest of the Volga and Viarsa 1.Open AccessArticle -
No worries? Employers' duty of care for negligently inflicted stress
Published 2005In Koehler v Cerebos (Aust) Ltd, the High Court of Australia found that an employer did not owe a duty of care in negligence to an employee not to inflict a stress-related psychiatric injury on her. In reaching this ...Open AccessArticle