2013
Volume 32 Number 1
(October 2013)
   

2010 - 2012

Volume 31 Number 2
(December 2012)

Volume 30 Number 2
(December 2011
)

Volume 29 Number 2
(December 2010)

Volume 31 Number 1
(July 2012)

Volume 30 Number 1
(July 2011)

Volume 29 Number 1
(July 2010)

2007 - 2009

Volume 28 Number 2
(December 2009)

Volume 27 Number 2
(December 2008)

Volume 26 Number 2
(December 2007)

Volume 28 Number 1
(July 2009)

Volume 27 Number 1
(July 2008)

Volume 26 Number 1
(July 2007)

2005 - 2006

Volume 25 Number 2
(December 2006)

Volume 24 Number 2
(December 2005)

 

Volume 25 Number 1
(July 2006)

Volume 24 Number 1
(July 2005)

 
 
Volume 32 Number 1 (October 2013)

Merits Review Special Edition

Justice D Kerr
The Intersection of Merits and Judicial Review: Looking Forward
Justice A Wilson
Tribunal Proceedings and Natural Justice: A Duty to Inquire
Judge Kevin O'Connor
Appeal Panels in Super Tribunals
Robin Creyke
Integrity in Tribunals
Peter Billings and Anthony Cassimatis
Twenty-One Years of the Judicial Review Act 1991: Enhancing Access to Justice and Promoting Legal Accountability?
Bernard McCabe
Community Values and Correct or Preferable Decisions in Administrative Tribunals
Dennis O'Brien
Review on the Merits of Migration and Refugee Decisions - Reflections on the Operation of the Migration Review Tribunal and Refugee Review Tribunal in an Interconnected World
Mary Crock and Hannah Martin
Refugee Rights and the Merits of Appeal
Katherine Hooper
Model Litigants, Migration, Merits Review and... Mediation?
Kerrie O'Callaghan and Michelle Howard
Promoting Administrative Justice: The Correct and Preferable Decision and the Role of Government Policy in the Determination
Bertus de Villiers
Burden of Proof and Standard of Proof in the WA State Administrative Tribunal

 

Case Notes

Portia Tyle
When is a Merits Review Tribunal Functus Officio?
Richard Oliver
Limits on BSA licence cancellation for multiple events

 

Book Reviews

Daniel Maggacis
Head, Administrative Law: Context and Critique
Peter McDermott
Pearce, Administrative Appeals Tribunal

 

 
Volume 31 Number 2 (December 2012)

 Special Edition: Worst Top Court Decisions of the Last Quarter Century

Anne Twomey
Rowe v Electoral Commissioner
- Evolution or Creationism?
Michael D Ramsey
American Federalism and the Tragedy of Gonzales v Raich
CEF Rickett
Bridgewater v Leahy
- A Bridge Too Far?
Sandy Steel
Causation in English Tort Law: Still Wrong After All These Years
Gabrielle J Appleby
Imperfection and Inconvenience: Boilermakers' and the Separation of Judicial Power in Australia
Jessica Palmer and Andrew Geddis
What Was That Thing You Said? The NZ Supreme Court's Vexing Vector Gas Decision
Allan Beever
Barclay v Penberthy
and the Collapse of the High Court's Tort Jurisprudence
Ran Hirschl
The Fuzzy Boundaries of (Un)Constitutionality: Two Tales of Political Jurisprudence
 
Volume 31 Number 1 (July 2012)

General Edition

Horst Klaus Lucke
The European Natural Law Codes: The Age of Reason and the Powers of Government
Warren Swain
Codification of Contract Law: Some Lessons from History
Steven Spadijer
A Hardcore Case Against (Strong) Judicial Review of Direct Democracy
Elizabeth Shi
A Tiger with No Teeth: Genuine Redundancy and Reasonable Redeployment under the Fair Work Act
James Duffy
Roll the Dice, Rational Agent: Should Extra-Curial Punishment Mitigate an Offender's Sentence?
Kerrie Sadiq
The Inherent International Tax Regime and its Constraints on Australia's Sovereignty
Sophie Payton
Reconciling Regulatory Approaches and Consumer Expectations

 

 

Volume 30 Number 2 (December 2011)

General Edition

PDG Skegg
Presuming Competence to Consent: Could Anything be Sillier?
Rob Merkin
Australia: Still a Nation of Chalmers?
Jonathan Burnside
Imagining Biblical Law
Rick Bigwood
Circumscribing Election: Reflections on the Taxanomization and Mental Componentry of Affirmation of a Contract by Election
John Furedy
Free Speech and the Issue of Academic Freedom: Is the Canadian Velvet Totalitarian Disease coming to Australia Campuses?
George Williams and Sangeetha Pillai
Commonwealth Power over Higher Education
Graham McBain
The Religion of the Queen - Time for Change
 
Volume 30 Number 1 (July 2011)

Special Edition: The Implied Rights Cases: Twenty Years On

Articles

Jeffrey Goldsworthy
Constitutional Implications Revisited
Grant Huscroft
Romance, Realism, and the Legitimacy of Implied Rights
I.D.F. Callinan AC and Amanda Stoker
Politicizing the Judges: Human Rights Legislation
Tom Campbell and Stephen Crilly
The Implied Freedom of Political Communication, Twenty Years On
Adrienne Stone
‘Insult and Emotion, Calumny and Invective’: Twenty Years of Freedom of Political Communication
Justice Peter Applegarth
Distorting the Law of Defamation
Dan Meagher
The Brennan Conception of the Implied Freedom: Theory, Proportionality and Deference
Katharine Gelber
Freedom of Speech and Australian Political Culture
Nicholas Aroney
Towards the ‘Best Explanation’ of the Constitution: Text, Structure, History and Principle in Roach v Electoral Commissioner
 

Volume 29 Number 2 (December 2010)

General Edition

Articles

David Campbell, Matthias Klaes and Christopher Bignell
After Cancun: The Impossibility of Carbon Trading
Paul Mitchell
Artificiality in Failure of Consideration
Vicki Waye
Wine Market Reform: A Tale of Two Markets and Their Legal Interaction
Mark Byrne and Reid Mortensen
The Queensland Solicitors’ Conveyancing Reservation: Past and Future Development – Part II
Janet Austin
When Does Sharp Business Practice Cross the Line to Become Dishonest Conduct?
Rex Tauati Ahdar
How Well is Religious Freedom Protected Under a Bill of Rights? Reflections from New Zealand
Geoffrey Egert
Same Old Instrument Same Old Tune? Critical Perspectives on the Public Liability Insurance Provisions in the Associations Incorporation Act 1981 (QLD)
Gonzalo Villalta Puig and Roshan Chaile
For a Narrow Interpretation of Section 90 of The Australian Constitution: The Excise Duty System as a Guarantee of Free Trade in an Internal Market
Michael White
History of the Garrick Chair at the TC Beirne School of Law

Book Reviews

Greg Taylor
Review of The Limits of Criminal Law: A Comparative Analysis of Approaches to Legal Theorising
 
Volume 29 Number 1 (July 2010)

Special Edition: The Relationship Between Judges and Legal Academics

John Gava
Introduction

Articles

Judge Richard A. Posner
The Judiciary and the Academy: A Fraught Relationship
Mark Tushnet
Academics as Law-Makers?
Lord Rodger of Earlsferry
Judges and Academics in the United Kingdom
Justice John D. Heydon
Reflections on James Fitzjames Stephen
Susan Bartie
A Full Day’s Work: A Study of Australia’s First Legal Scholarly Community
Edward Rubin
Eduction, Integration and Conceptual Frameworks: The Influence of Legal Scholarship on Judges
Allan C. Hutchinson
Doing the Business: Judges, Academics and Intellectuals
James Allan
Down Under Exceptionalism

Book Reviews

Edgar Gold
Review of Shipping and the Environment
Dan Meagher
Review of The Constitution of a Federal Commonwealth
 

Volume 28 Number 2 (December 2009)

Special Edition: Australian and New Zealand Lawyers: Ethics and Regulation Introductions

James Allan
Editor’s Introduction
Francesca Bartlett, Reid Mortensen and Michael Robertson
Special Editors’ Introduction

Articles

Gino E Dal Pont
Regulation of the Queensland Legal Profession: The Quinquennium of Change
Steve Mark and Tahlia Gordon
Compliance Auditing of Law Firms: A Technological Journey to Prevention
Scott McLean
Evidence in Legal Profession Disciplinary Hearings: Changing the Lawyers’ Paradigm?
Mark Byrne and Reid Mortensen
The Queensland Solicitors’ Conveyancing Reservation: Past and Future Development – Part 1
Duncan Webb
Bounded Autonomy and Bounded Zeal
Justin Carter and Lillian Corbin
Adding Value for Lawyers, Clients,and the Public: The Business Benefits of Ethically-Informed Practice
Francesca Bartlett
The Ethics of ‘Transgressive’ Lawyering: Considering the Defence of Dr Haneef
Stephen Keim
Fearless Advocacy and Bar Rule 60
Reid Mortensen
Keim on the Muzzle Rule: A Reply and Joinder
Alison Christou
The ‘Good’ Tribunal Member – An Aretaic Approach to Administrative Tribunal Practice

Case Notes and Comments

Nicky Jones
Lawyers, Language and Legal Professional Standards: Legal Services Commissioner v Turley [2008] LPT 4
Debra Mullins
Warts and All: The Impact of Candour in Assessing Character for Admission to the Legal Profession
 

Volume 28 Number 1 (July 2009)

General Edition

Justice J D Heydon
One Small Point About Originalism
Paul Myburgh
Richard Cooper Memorial Lecture Admiralty Law – What is it Good For?
Russell Smyth
Trends in the Citation Practice of the Supreme Court of Queensland over the Course of the Twentieth Century
Anne Twomey
Keeping the Queen in Queensland – How Effective is the Entrenchment of the Queen and Governor in the Queensland Constitution?
Ian Dobinson
Medical Manslaughter
Christian Witting
Liability for Corporate Wrongs
Jim South
Potential Constitutional and Statutory Limitations on the Scope of the Interpretative Obligation Imposed by s 32(1) of the Charter of Human Rights and Responsibilities Act 2006 (Vic)
Howard Munro
The ‘Good Faith’ Controversy in Australian Commercial Law: A Survey of the Spectrum of Academic Legal Opinion
 

Volume 27 Number 2 (December 2008)

General Edition

Stanley L Paulson
Formalism, ‘Free Law’, and the ‘Cognition’ Quandary: Hans Kelsen’s Approaches to Legal Interpretation
Rick Bigwood
Throwing the Baby Out with the Bathwater? Four Questions on the Demise of Lawful-Act Duress in New South Wales
Darryn Jensen
Faith, Conscience and Legislation
Nicholas Gaskell and Craig Forrest
Marine Pollution Damage in Australia: Implementing the Bunker Oil Convention 2001 and the Supplementary Fund Protocol 2003
Garth Nettheim
International Law and Native Title in Australia
Mathias Chauchat and Vincent P Cogliati-Bantz
Nationality and Citizenship in a Devolution Context: Australian and New Caledonian Experiences
Justice Roslyn Atkinson
The Chief Justice and Mr Justice Murphy: Leadership in a Time of Crisis

Book Review

Grant Huscroft
Expounding the Constitution: Essays in Constitutional Theory
 

Volume 27 Number 1 (July 2008)

Special Edition:  Essays in Honour of Ian Callinan

Dedication

R P Meagher QC
Ian Callinan – A Reflection

Articles

Nicholas Cowdery AM QC
Reflections on the Murphy Trials
David Bennett AC QC
What ‘Capital-C’?
Michael Bryan
Justice Callinan’s Judgements in Private Law: Story Telling, Legal Coherence and Corrective Justice
Anne Twomey
Constitutional Alteration and the High Court: The Jurisprudence of Justice Callinan
J A Devereux
Callinan, the Constitution and Criminal Law: A Decade of Pragmatism
Greg Taylor
Justice Callinan’s Contribution to the Law of Torts
Julian Leeser
A Higher Standard: The Defamation Jurisprudence of I.D.F. Callinan in Context
Nicholas Aroney
Reasonable Disagreement, Democracy and the Judicial Safeguards of Federalism

Book Review

Justice According to Law; a Festschrift for the Honourable Mr Justice B. H. McPherson CBE
 

Volume 26 Number 2 (December 2007)

Special Edition:  The Role of Policy in Public Law Adjudication

Larry Alexander & Fredrick Schauer
Is Policy Within Law’s Limited Domain?
Richard S Kay
Judicial Policy-Making and the Peculiar Function of Law
Adam Tomkins
The Rule of Law in Blair’s Britain
Rex Tauati Ahdar
Religious Vilification: Confused Policy, Unsound Principle and Unfortunate Law
Nicholas Aroney
Comparative Law in Australian Constitutional Jurisprudence
Sarah C Derrington
My Ship, My Castle: The Forfeiture of Property Rights in the Admiralty Law Context
Gerry R Rubin
Why Military Law? Some United Kingdom Perspectives
David Woodhouse
Letter to the Editor
Douglas Blackmur
Letter to the Editor
 
Volume 26 Number 1 (July 2007)

General Edition

Anthony Gray
Remedy Issues in Multinational Tort Claims: Substance and Procedure and Choice of Law
George Hay
The Quiet Revolution in U.S. Antitrust Law
Barry Wright                  
Self-Governing Codifications of English Criminal Law and Empire: The Queensland and Canadian Examples
John Gava
Unconvincing and Perplexing: Hutchinson and Stapleton On Judging
Michael Bryan
Recipient Liability under the Torrens System: Some Category Errors
Bernard Robertson and Amelia Wheatley 
Similar Fact Evidence in Civil Proceedings: Proof or Policy
Elizabeth Toomey
Anti-Competitive Practice in the Sporting Arena Commercial Watchdogs Adapt their Game
Doug Blackmur
When is an Auditor Really a Regulator? The Metamorphosis of the Australian Universities Quality Agency: Implications for Australian Higher Education Public Policy
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

Justice James Allsop
Australian Admiralty and Maritime Law – Sources and Future Directions.

Book Reviews

P.D.G Skegg et al
Medical Law in New Zealand
Gerry Rubin
Murder, Mutiny and the Military, British Court Martial Cases, 1940-1966
Matthew Berkahn
Regulatory and Enabling Approaches to Law Enforcement
Mark Findlay
Criminal Law: Problems in Context
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

James Allan
Introduction
Maimon Schwarzschild
Keeping it Private
Nigel E Simmonds
Justice and Private Law in a Modern State
John Gava
Can Contract Law be Justified on Economic Grounds?
David Campbell
The Defence of Breach and the Policy of Performance
Allan Beever
Policy in Private Law: An Admission of Failure
Stephen Guest
The Role of Courts in the Making of Policy
Sarah Worthington
Property as Proxy for Policy in Commercial Law Adjudication
 
Volume 25 Number 1 (July 2006)

General Edition

Grant Huscroft
The Trouble with Living Tree Interpretation
Frank Brennan
An Australian Fence-Sitter’s Reading of Huscroft’s Living Tree Concerns
Hilary Charlesworth
Who Wins Under a Bill of Rights?
Tom Campbell
Does Anyone Win Under a Bill of Rights? A Response to Hilary Charlesworth’s ‘Who Wins Under a Bill of Rights?’
David Jackson
The Sir Harry Gibbs Oration
David McLauchlan
Contract Formation, Contract Interpretation, and Subsequent Conduct
Frances Miller
Consolidating Pharmaceutical Regulation Down Under: Policy Options and Practical Realities
David Hamer
Keating v Morris; Leck v Morris: Politics and Procedure in the ‘Dr Death’ Inquiry
Dong Manh Nguyen
Settlements of Disputes under 1982 United Nations Convention on the Law of the Sea: The Case of the South China Sea Dispute
Grant Huscroft
The Constitutional and Cultural Underpinnings of Freedom of Expression: Lessons from the United States and Canada
Elsabe Schoeman
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

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.
Chief Justice Black
Memorial Sitting for the Honourable Justice Richard Ellard Cooper
Edgar Gold
Bloodhounds, Scapegoats and Fatcats: Criminal Action, Professional Duty and Corporate Responsibility in the Maritime Menagerie
Vincent Bantz, Rachel Baird and Anthony Cassimatis
After 60 Years—The United Nations and International Legal Order: An Introduction
Hon Justice Michael Kirby
The United Nations—Up Close
Peter Prove
Reform at the UN: Waiting for Godot?
Johan van der Vyver
The United Nations and International Criminal Law
Donald Rothwell
Anticipatory Self Defence
Christopher Young
Balancing Maritime Security and Freedom of Navigation on the High Seas: A Study of the Multilateral Negotiation Process in Action
Vincent Bantz
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
Justine Nolan
The United Nations’ Compact with Business: Hindering or Helping the Protection of Human Rights?

General Articles

Kit Barker
Unfamiliar Waters: Negligent Advocates, Egregious Errors and Lost Chances of Acquittal
David McLauchlan
Objectivity in Contract
Dan Meagher
Regulating History: Australian Racial Vilification Law and History Denial

Case Notes

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
Jessica Palmer
The Privy Council on Being (Dis)Honest about Dishonest Assistance
Christopher Richter
Statelessness in Australian Refugee Law: The (Renewed) Case for Complementary Protection
 
Volume 24 Number 1 (July 2005)

General Edition

James Allan
Do the Right Thing Judging? The High Court in Al Kateb
Ulla Secher
The Mabo Decision: Preserving the Distinction between Settled and Conquered and Ceded Territories
Charles Rickett
Unconscionability and Commercial Law
Andreas Schloenhardt
Transnational Organised Crime and the International Criminal Court: Developments and Debates
Tamara Walsh
Offensive Language, Offensive Behaviour and Public Nuisance: Empirical and Theoretical Analyses
Chee Ho Tham
Resuscitating the Trust of a Chose in Action
Anne Sheehan
Dispute Resolution Under UNCLOS: the exclusion of Maritime Delimitation Disputes.

Case Notes

Sarah Derrington
J.I MacWilliam Company Inc v Mediterranean Shipping Company SA ‘The Rafaela S’
Bill Pincus
Assessing Damages for Contingent Loss: HTW Valuers (Central Queensland) Pty Ltd v Astonland Pty Ltd
Allan Beever
Gregg v Scott, Loss of a Chance
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

Bill Pincus
Ross, Advocacy
Maksymilian Leskiewicz
Samuel, Epistemology and Method in Law
Mark Mildred
Mulheron, The Class Action in Common Law Legal Systems – A Comparative Perspective
Vicky Comino
Clough and Mulhern, The Prosecution of Corporations
Nick Lingard
Wolf, Trade, Aid and Arbitrate: The Globalization of Western Law