Print versionVolume 27 Number 1 (July 2007)
Volume 26 Number 2 (December 2007)
Volume 26 Number 1 (July 2007)
Volume 25 Number 2 (December 2006)
Volume 25 Number 1 (July 2006)
Volume 24 Number 2 (December 2005)
Volume 24 Number 1 (July 2005)
Volume 27 Number 1 (July 2008)
Special Edition: Essays in Honour of Ian Callinan
Articles
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Nicholas Cowdery AM QC
Reflections on the Murphy Trials |
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David Bennett AC QC
What ‘Capital-C’? |
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Michael Bryan
Justice Callinan’s Judgements in Private Law: Story Telling, Legal Coherence and Corrective Justice |
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Anne Twomey
Constitutional Alteration and the High Court: The Jurisprudence of Justice Callinan |
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J A Devereux
Callinan, the Constitution and Criminal Law: A Decade of Pragmatism |
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Greg Taylor
Justice Callinan’s Contribution to the Law of Torts |
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Julian Leeser
A Higher Standard: The Defamation Jurisprudence of I.D.F. Callinan in Context |
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Nicholas Aroney
Reasonable Disagreement, Democracy and the Judicial Safeguards of Federalism |
Volume 26 Number 2 (December 2007)
Special Edition: The Role of Policy in Pulic Law Adjudication
Articles
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Larry Alexander and Fredrick Schauer
Is Policy Within Law'sLimited Domain? |
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Richard S Kay
Judicial Policy-Making and the Peculiar Function of Law |
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Adam Tomkins
The Rule of Law in Blair’s Britain |
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Rex Tauati Ahdar
Religious Vilification: Confused Policy, Unsound Principle and Unfortunate Law |
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Nicholas Aroney
Comparative Law in Australian Constitutional Jurisprudence |
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Sarah C Derrington
My Ship, My Castle: The Forfeiture of Property Rights in the Admiralty Law Context |
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Gerry R Rubin
Why Military Law? Some United Kingdom Perspectives |
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David Woodhouse
Letter to the Editor |
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Douglas Blackmur
Letter to the Editor |
Volume 26 Number 1 (July 2007)
General Edition
Articles
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Anthony Gray
Remedy Issues in Multinational Tort Claims: Substance and Procedure and Choice of Law |
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George Hay
The Quiet Revolution in U.S. Antitrust Law |
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Barry Wright
Self-Governing Codifications of English Criminal Law and Empire: The Queensland and Canadian Examples |
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John Gava
Unconvincing and Perplexing: Hutchinson and Stapleton On Judging |
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Michael Bryan
Recipient Liability under the Torrens System: Some Category Errors |
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Bernard Robertson and Amelia Wheatley
Similar Fact Evidence in Civil Proceedings: Proof or Policy |
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Elizabeth Toomey
Anti-Competitive Practice in the Sporting Arena Commercial Watchdogs Adapt their Game |
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Doug Blackmur
When is an Auditor Really a Regulator? The Metamorphosis of the Australian Universities Quality Agency: Implications for Australian Higher Education Public Policy |
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Stuart Hendin
Murphy’s Law - The Canadian Treatment of Detainees in Afghanistan: Are Human Rights Law and International Humanitarian Law Obligations Circumvented |
The Richard Cooper Lecture
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Justice James Allsop
Australian Admiralty and Maritime Law – Sources and Future Directions. |
Book Reviews
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P.D.G Skegg et al
Medical Law in New Zealand |
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Gerry Rubin
Murder, Mutiny and the Military, British Court Martial Cases, 1940-1966 |
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Matthew Berkahn
Regulatory and Enabling Approaches to Law Enforcement |
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Mark Findlay
Criminal Law: Problems in Context |
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Lindsay Trotman et al
Fair Trading: Misleading or Deceptive Conduct |
Volume 25 Number 2 (December 2006)
Special Edition: The Role of Policy in Private Law Adjudication
Articles
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James Allan
Introduction |
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Maimon Schwarzschild
Keeping it Private |
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Nigel E Simmonds
Justice and Private Law in a Modern State |
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John Gava
Can Contract Law be Justified on Economic Grounds? |
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David Campbell
The Defence of Breach and the Policy of Performance |
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Allan Beever
Policy in Private Law: An Admission of Failure |
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Stephen Guest
The Role of Courts in the Making of Policy |
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Sarah Worthington
Property as Proxy for Policy in Commercial Law Adjudication |
Volume 25 Number 1 (July 2006)
General Edition
Articles
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Grant Huscroft
The author outlines and then critiques the living tree interpretive approaches to bills of rights.The Trouble with Living Tree Interpretation |
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Frank Brennan
The author response to Huscroft’s article.An Australian Fence-Sitter’s Reading of Huscroft’s Living Tree Concerns |
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Hilary Charlesworth
The author argues that the bill of rights are not a zero sum game and that we all will win if one were enacted.Who Wins Under a Bill of Rights? |
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Tom Campbell
The author response to Charlesworth’s article.Does Anyone Win Under a Bill of Rights? A Response to Hilary Charlesworth’s ‘Who Wins Under a Bill of Rights?’ |
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David Jackson
In this Sir Harry Gibbs Oration the author deals mostly with Sir Harry’s decisions on constitutional matters.The Sir Harry Gibbs Oration |
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David McLauchlan
The author considers, (and rejects) the merits of treating parties post-contractual conduct as inadmissible as regards to the meaning or interpretation of the contract.Contract Formation, Contract Interpretation, and Subsequent Conduct |
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Frances Miller
The author gives a broad overview of pharmaceutical regulation in New Zealand and Australia.Consolidating Pharmaceutical Regulation Down Under: Policy Options and Practical Realities |
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David Hamer
The politics and procedures in the recent ‘Dr Death’ inquiry are considered by the author.Keating v Morris; Leck v Morris: Politics and Procedure in the ‘Dr Death’ Inquiry |
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Dong Manh Nguyen
The author gives a wide-ranging account of the South China Seas dispute.Settlements of Disputes under 1982 United Nations Convention on the Law of the Sea: The Case of the South China Sea Dispute |
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Grant Huscroft
The author discusses freedom of expression against the backdrop of US and Canadian rulings and understandings.The Constitutional and Cultural Underpinnings of Freedom of Expression: Lessons from the United States and Canada |
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Elsabe Schoeman
The author critiques a leading High Court case involving the conflict of laws concept of Renvoi.Renvoi: Throwing (and Catching) the Boomerang – Neilson v Overseas Projects Corporation of Victoria Ltd |
Volume 24 Number 2 (December 2005)
Special Edition: The United Nations and the International Rule of Law
Articles
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The Richard Cooper Memorial Lecture
Chief Justice Black and Edgar Gold deliver lectures in honour of the late Justice Richard Ellard Cooper, an expert in maritime law. |
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Chief Justice Black
The Chief Justice recounts Justice Cooper’s personal and legal achievements, his expertise in maritime law and his important work with native title issues.Memorial Sitting for the Honourable Justice Richard Ellard Cooper |
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Edgar Gold
Edgar Gold pays tribute to Justice Cooper by examining the shipping industry and the need for regulation, which has seen several international codes and programs put forward by the International Maritime Organisation.Bloodhounds, Scapegoats and Fatcats: Criminal Action, Professional Duty and Corporate Responsibility in the Maritime Menagerie |
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Vincent Bantz, Rachel Baird and Anthony Cassimatis
After 60 Years—The United Nations and International Legal Order: An Introduction |
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Hon Justice Michael Kirby
Justice Kirby reflects on his experiences involving the United Nations and shares his thoughts on the role of the United Nations, its successes and failures and the direction it may head in the future.The United Nations—Up Close |
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Peter Prove
Peter Prove looks at the 60 year term of the United Nations and addresses the notion of institutional reform of the UN. He pays attention to the World Summit of 2005 and highlights the areas in which major reform has been achieved.Reform at the UN: Waiting for Godot? |
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Johan van der Vyver
Johan van der Vyver examines the UN and the ways in which it has contributed to international criminal law; and its role in developing the principles of good governance and the promotion of the rule of law.The United Nations and International Criminal Law |
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Donald Rothwell
Donald Rothwell analyses the implications of Article 51 in the UN Charter – that of the right to self defence – and the concept of anticipatory self defence which has gained currency, especially in view of terrorist practice.Anticipatory Self Defence |
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Christopher Young
Christopher Young details the process of multilateral negotiation, where a ship maybe boarded by a state other than a flag state in cases where there are grounds to believe the ship may be involved in terrorist activity.Balancing Maritime Security and Freedom of Navigation on the High Seas: A Study of the Multilateral Negotiation Process in Action |
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Vincent Bantz
Vincent Bantz examines the 7th and latest case on the issue of prompt release, handed down by the International Tribunal for the Law of the Sea.Views from Hamburg: The Juno Trader Case or How to Make Sense of the Coastal State’s Rights in Light of its Duty of Prompt Release |
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Justine Nolan
Justine Nolan highlights the growing tendency of the United Nations to deal with non-state actors, in particular, the approach of Kofi Annan to partner with corporations in the process of protecting human rights.The United Nations’ Compact with Business: Hindering or Helping the Protection of Human Rights? |
General Articles
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Kit Barker
Taking the Ontario Court of Appeal case of Folland v Reardon, Kit Barker undertakes a comparative analysis of the Canadian and Australian approach to the ‘lost chance of acquittal’ notion in criminal law.Unfamiliar Waters: Negligent Advocates, Egregious Errors and Lost Chances of Acquittal |
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David McLauchlan
David McLauchlan looks more closely at the notion of objectiveness in determining the interpretation of contracts and asks what the precise meaning of objectivity is to be.Objectivity in Contract |
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Dan Meagher
Dan Meagher examines the occurrences of history denial, such as the infamous David Irving case and posits the question whether such denial could form the basis of a racial vilification claim, without inhibiting historical scholarship.Regulating History: Australian Racial Vilification Law and History Denial |
Case Notes
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John Devereux and Hyder Gulam
Does Practice Make Perfect? Commonwealth of Australia and Air Marshal McCormack in his Capacity as Chief of Air Force v Vance |
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Jessica Palmer
The Privy Council on Being (Dis)Honest about Dishonest Assistance |
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Christopher Richter
Statelessness in Australian Refugee Law: The (Renewed) Case for Complementary Protection |
Volume 24 Number 1 (July 2005)
General Edition
Articles
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James Allan
James Allan looks at the mode of judging used in the High Court in Al Kateb v Goodwin (2004)208 ALR 124 and asks whether judging that takes a moral stand on issues relating to rights is the kind of judging that Australia needs. He considers that this kind of judging is akin to the type of decision making that would occur were Australia to enact a bill of rights and argues that such an occurrence would be to the detriment of Australian democracy.Do the Right Thing Judging? The High Court in Al Kateb |
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Ulla Secher
Ulla Secher addresses the Mabo decision and explores the court’s approach to the issues of what constitutes settled territories and those conquered or ceded. The article also examines whether Aboriginal customary law not relating to land was given legal recognition by Mabo. The article analyses the common law position and how certain doctrines have been modified as a result of the case.The Mabo Decision: Preserving the Distinction between Settled and Conquered and Ceded Territories |
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Charles Rickett
Charles Rickett examines at the emerging predilection of the legal community to have regard to the standard of unconscionability in private and commercial cases. The article argues that the concept of unconscionability is nebulous and possibly meaningless. Unconscionability as a standard used in cases to make determinations, in Rickett’s view, could mislead judges and create unpredictability for commercial persons.Unconscionability and Commercial Law |
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Andreas Schloenhardt
Andreas Schloenhardt canvasses the development of the International Criminal Court and assesses its ability to pursue the prosecution of transnational organised crime. The article argues that many major transnational organised crimes such, as drug trafficking, are in fact excluded from the ICC’s jurisdiction. The article also addresses the current debate on what crimes the ICC statute encompasses and whether the statute itself should be expanded, especially in regard to crimes that are recognised by other international law treaties.Transnational Organised Crime and the International Criminal Court: Developments and Debates |
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Tamara Walsh
Tamara Walsh’s article focuses on the offence of public nuisance in the Police Powers and Other Responsibilities and Other Legislation Amendment Act 2003(Qld). This offence encompasses a varied range of behaviours and is being used increasingly in respect of offensive language and behaviour. The article examines this increase in prosecutions for what is argued are trivial matters and suggests, based on empirical research, that the way the offences in the legislation are applied in lower courts is inconsistent with the interpretation of these offences by higher courts and at odds with the purpose of the legislation.Offensive Language, Offensive Behaviour and Public Nuisance: Empirical and Theoretical Analyses |
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Chee Ho Tham
Chee Ho Tham revisits the issue of trusts of choses in action first recognised in equity 250 years ago. The article looks at the treatment of the doctrine in case law and in legislation in the 1990’s and argues that the doctrine has not necessarily been put to rest but may still be a valid equitable doctrine of general application.Resuscitating the Trust of a Chose in Action |
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Anne Sheehan
Anne Sheehan appraises the optional exception concerning sea boundary delimitation disputes contained in Article 298(1)(a) of the United National Convention on the Law of the Sea. The article examines the effect of Australia’s declaration to exclude sea boundary delimitation disputes from the jurisdiction of the International Court of Justice and how it may affect the current sea boundary dispute Australia in engaged in with East Timor.Dispute Resolution Under UNCLOS: the exclusion of Maritime Delimitation Disputes. |
Case Notes
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Sarah Derrington
J.I MacWilliam Company Inc v Mediterranean Shipping Company SA ‘The Rafaela S’ |
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Bill Pincus
Assessing Damages for Contingent Loss: HTW Valuers (Central Queensland) Pty Ltd v Astonland Pty Ltd |
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Allan Beever
Gregg v Scott, Loss of a Chance |
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Elizabeth Dickson
Disability Discrimination in Education: Purvis v New South Wales (Department of Education and Training), Amendment of the Education Provisions of the Disability Discrimination Act 1992 (Cth) and the Formulation of Disability Standards for Education |
Book Reviews
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Bill Pincus
Ross, Advocacy |
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Maksymilian Leskiewicz
Samuel, Epistemology and Method in Law |
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Mark Mildred
Mulheron, The Class Action in Common Law Legal Systems – A Comparative Perspective |
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Vicky Comino
Clough and Mulhern, The Prosecution of Corporations |
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Nick Lingard
Wolf, Trade, Aid and Arbitrate: The Globalization of Western Law |