Browsing Research Publications and Outputs 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 -
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 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 -
At the intersection of public service and the market: Libraries and the future of lending
Published 2015Most library uses of books occur outside the purview of copyright and the market. Loans fall outside copyright's exclusive rights; libraries have exceptions for many activities that involve copying. Author remuneration for ...Open AccessArticle -
At the Vanishing Point: Encounters with the Souvenirs, Merchandise, and Memorabilia of International Law
Published 2023-12-11Catalogue and Curatorial Essay for the 2023 exhibition At The Vanishing Point. Bringing together forty significant artefacts from a larger collection, the exhibition highlights the different ways in which international law ...Open AccessOther -
Australia's clean energy future package: Are we there yet?
Published 2011This article provides a detailed examination of the Clean Energy Future Package, including a comparison with the previously proposed Carbon Pollution Reduction Scheme, and an analysis of the Jobs and Competitiveness Program.Open AccessArticle -
Australia's extended continental shelf: What implications for Antarctica?
Published 2009In April 2008, the federal Minister for Resources and Energy announced that the United Nations Commission on the Limits of the Continental Shelf (CLCS) had recognised the vast bulk of Australia’s claim to an extended ...Open AccessArticle -
Australia’s biodiversity and the bushfire climate catastrophe: Neoliberalism, causality, responsibility and recovery
Published 2024Australia's climate-induced bushfire disaster during the 2019–2020 summer devastated ecological and human communities. The wildfires burnt over 10 million hectares, including vegetation that rarely burns or is poorly adapted ...Open AccessArticle -
Bauxite and boundaries: 50 years since Milirrpum v Nabalco Pty Ltd (1971) 17 FLR 141
Published 2021This year 2021 marks the 50th anniversary of Blackburn J’s decision in Milirrpum v Nabalco Pty Ltd (1971) 17 FLR 141. Though it is imprecisely remembered as the first time that the fiction of terra nullius was contested ...Open AccessArticle -
Be careful what you wish for! Evaluating the ipso facto reforms
Published 2019A successful corporate rescue will usually require retaining at least some of the value of contracts for supplying goods and services to the company being restructured as well as contracts that that company has with its ...Open AccessArticle