Melbourne University Law Review - AZ
- ANTI-SUIT INJUNCTIONS IN AUSTRALIA.
- THE ENVIRONMENT IS ALL RIGHTS: HUMAN RIGHTS, CONSTITUTIONAL RIGHTS AND ENVIRONMENTAL RIGHTS.
- PARIS AT THE SUB-NATIONAL SCALE? AN EXPLORATION OF THE ROLE AND POTENTIAL OF FRAMEWORK CLIMATE CHANGE LAWS.
- The Law of Private Nuisance.
- LOCATING PLEBISCITES IN THE AUSTRALIAN CONSTITUTION.
- RECONCEPTUALISING FIDUCIARY REGULATION IN ACTUAL CONFLICTS.
- PROPORTIONALITY UNDER THE HUMAN RIGHTS ACT 2019 (QLD): WHEN ARE THE FACTORS IN S. 13(2) NECESSARY AND SUFFICIENT, AND WHEN ARE THEY NOT?
- AN INSTITUTIONAL JUSTIFICATION FOR THE PRINCIPLE OF LEGALITY.
- RE-EXAMINING THE RELATIONSHIP BETWEEN MUTUAL PROMISES IN CONTRACT LAW.
- The normativity of the principle of legality.
- The truth about honesty and candour in mediation: what the tribunal left unsaid in Mullins' case.
- Kakavas v. Crown Melbourne Ltd: still curbing unconscionability; Kakavas in the High Court of Australia.
- AN EMPIRICAL STUDY OF EXEMPLARY DAMAGES IN AUSTRALIA.
- AUSTRALIA'S ACCESSION TO THE HAGUE CONVENTION ON CHOICE OF COURT AGREEMENTS.
- MANN V PATERSON CONSTRUCTIONS PTY LTD: THE INTERSECTION OF DEBT, DAMAGES AND QUANTUM MERUIT.
- Equitable compensation for breach of trust: off Target.
- MUTILATING WORDS.
- The coronial reporting of medical-setting deaths: a legal analysis of the variation in Australian jurisdictions.
- 'A negation of Australia's fundamental values': sentencing prejudice-motivated crime.
- THE CASE AGAINST THE EQUITABLE LIEN.
- FRUIT PICKING IN FEAR: AN EXAMINATION OF SEXUAL HARASSMENT ON AUSTRALIAN FARMS.
- The occupiers' liability acts and the common law.
- AN INTERNATIONALIST APPROACH TO INTERPRETING PRIVATE INTERNATIONAL LAW? ARBITRATION AND SALES LAW IN AUSTRALIA.
- FLAWED FOUNDATIONS: AN HISTORICAL EVALUATION OF DOMESTIC VIOLENCE CLAIMS IN THE REFUGEE TRIBUNALS.
- CONDITIONING SENTENCING TO PREVENT DOUBLE PUNISHMENT OF OFFENDERS WHO COMMIT OFFENCES WHILE ON CONDITIONAL LIBERTY.
- UNCERTAINTY IN PRIVATE LAW: RHETORICAL DEVICE OR SUBSTANTIVE LEGAL ARGUMENT?
- TWO DECADES OF AUSTRALIAN COUNTERTERRORISM LAWS.
- RETHINKING THE LAW ON SHAREHOLDER-INITIATED RESOLUTIONS AT COMPANY GENERAL MEETINGS.
- FACIAL RECOGNITION AND IMAGE COMPARISON EVIDENCE: IDENTIFICATION BY INVESTIGATORS, FAMILIARS, EXPERTS, SUPER-RECOGNISERS AND ALGORITHMS.
- FIXED CONSTITUTIONAL COMMITMENTS: EVALUATING ENVIRONMENTAL CONSTITUTIONALISM'S 'NEW FRONTIER'.
- RESTRAINT AND RADICALISM: SIR JOHN LATHAM'S CONSTITUTIONAL EXCEPTIONALISM.
- PRIVATE LAW, CONSCIENCE AND MORAL REASONING: THE ROLE OF THE JUDGE.
- On the origins of consorting laws.
- TREATY-MAKING IN THE AUSTRALIAN FEDERATION.
- AN ANATOMY OF AUSTRALIA'S LEGAL FRAMEWORK FOR BUSHFIRE.
- ACB V. THOMSON MEDICAL PTE. LTD.: RECOVERY OF UPKEEP COSTS, CLAIMS FOR LOSS OF AUTONOMY AND LOSS OF GENETIC AFFINITY; FERTILE GROUND FOR DEVELOPMENT?
- The principle of open justice and the judicial duty to give public reasons.
- Unsound law: issues with ('expert') voice comparison evidence.
- 'Sex slaves' and shrewd business women: the role of victim consent in trafficking in persons in Australia.
- Corporate structures, the veil and the role of the courts.
- Adverse possession and title-by-registration systems in Australia and England.
- THE INTERSECTION OF COMPANIES AND TRUSTS.
- When does press self-regulation work?
- LIABILITY FOR ASSISTING TORTS.
- Law as an intellectual vocation.
- The free assets of the company and when they are free to take: equitable subrogation and the secured creditor.
- INTEGRATING PRIVATE INTERNATIONAL LAW INTO THE AUSTRALIAN LAW CURRICULUM.
- THE DOCTRINE OF EXTENDED JOINT CRIMINAL ENTERPRISE: A 'WRONG TURN' IN AUSTRALIAN COMMON LAW.
- IS THERE A COMMON LAW 'RIGHT' TO FREEDOM OF SPEECH?
- Re Civilian Casualty Court Martial: prosecuting breaches of international humanitarian law using the Australian military justice system.
- MISFEASANCE IN PUBLIC OFFICE: A TORT IN TENSION.
- Challenges to the survival of the common law.
- Regulating the regulators: accountability of Australian regulators.
- The law of contracts, trusts and corporations as criteria of tax liability.
- Navigating the politics of charity: reflections on Aid/Watch Inc v Federal Commissioner of Taxation.
- The legal structures of responsible government and ministerial responsibility.
- PUBLIC FINANCE AND PARLIAMENTARY CONSTITUTIONALISM.
- International trade law implications of Australia's National Broadband Network.
- SICK CITY STREAMS: NEW APPROACHES TO LEGAL TREATMENTS.
- 'TEXT, CONTEXT, AND PURPOSE': AUSTRALIAN LAWMAKERS' ADOPTION OF THE CISG, AND THE USE OF LEGISLATIVE HISTORIES AS AIDS IN STATUTORY INTERPRETATION.
- Legal challenges to university decisions affecting students in Australian courts and tribunals.
- Misfeasance in public office: a very peculiar tort.
- When 'plain language' legislation is ambiguous - sources of doubt and lessons for the plain language movement.
- A critical examination of how contract law is used by financial institutions operating in multiple jurisdictions.
- Breaking the constitutional deadlock: lessons from deliberative experiments in constitutional change.
- Accessory liability and contribution, release and apportionment.
- Taking possession: the defining element of theft?
- Treating like alike: the principle of nondiscrimination as a tool to mandate the equal treatment of refugees and beneficiaries of complementary protection.
- The defence of joint illegal enterprise.
- The new terrorists: the normalisation and spread of anti-terror laws in Australia.
- Non-consensual porn and the responsibilities of online intermediaries.
- The reshaping of control orders in the United Kingdom: time for a fairer go, Australia!
- Securing fair outcomes for battered women charged with homicide: analysing defence lawyering in R. v. Falls.
- THE SIGNIFICANT PROBATIVE VALUE OF TENDENCY EVIDENCE.
- UNDER WRAPS: SECRECY, CONFIDENTIALITY AND THE ENFORCEMENT OF EQUALITY LAW IN AUSTRALIA AND THE UNITED KINGDOM.
- GOVERNMENT AUTOMATION, TRANSPARENCY AND TRADE SECRETS.
- Williams v. Commonwealth: Commonwealth executive power and Australian federalism.
- Federalism and rights deliberation.
- PROSECUTING NON-PHYSICAL ABUSE BETWEEN CURRENT INTIMATE PARTNERS: ARE STALKING LAWS AN UNDER-UTILISED RESOURCE?
- OFFENDERS RISKING DEPORTATION DESERVE A SENTENCING DISCOUNT - BUT THE REDUCTION SHOULD BE PROVISIONAL.
- OPEN JUSTICE, 'BACK-TO-BACK' TRIALS AND JUROR PREJUDICE: EXAMINING THE SUPPRESSION ORDER IN THE TRIAL OF GEORGE PELL.
- A BREATH OF FRESH AIR? RIGHTS OVERSIGHT BY THE OMBUDSMAN DURING THE PANDEMIC.
- 'Long may the buskers carry on busking': street music and the law in Melbourne and Sydney.
- Homicide law reform in New South Wales: examining the merits of the partial defence of 'extreme' provocation.
- Parliament's role in constitutional interpretation.
- Clark v. Macourt: defective sperm and performance substitutes in the High Court of Australia.
- CHARITIES, ELECTION CAMPAIGNING AND THE AUSTRALIAN CONSTITUTION.
- AN EVALUATION OF THE MECHANISMS DESIGNED TO PROMOTE SUBSTANTIVE EQUALITY IN THE EQUAL OPPORTUNITY ACT 2010 (VIC).
- PUBLIC SECTOR DATA SHARING: APPLYING STATE-BASED HUMAN RIGHTS LAWS TO MINIMISE PRIVACY HARMS.
- Mandatory sentencing for people smuggling: issues of law and policy.
- The extraordinary questioning and detention powers of the Australian security intelligence organisation.
- Mothers who kill: the forensic use and judicial reception of evidence of postnatal depression and other psychiatric disorders in Australian filicide cases.
- A CHARITY IN ALL BUT LAW: THE POLITICAL PURPOSE EXCEPTION AND THE CHARITABLE SECTOR.
- STATUTE AND THEORIES OF VICARIOUS LIABILITY.
- CONTRACTUAL AUTONOMY, PUBLIC POLICY AND THE PROTECTIVE DOMAIN OF LABOUR LAW.
- THE LIMITS OF JUDICIAL POWER TO INTERPRET LEGISLATION. (Australia)
- Making sense of the compensation remedy in cases of accessorial liability under the Fair Work Act.
- IS A CAUSE OF ACTION A CASTLE? STATUTORY CHOSES IN ACTION AS PROPERTY AND S 51 (XXXI) OF THE CONSTITUTION.
- THE CHALLENGE OF MEDICINAL CANNABIS TO THE POLITICAL LEGITIMACY OF THERAPEUTIC GOODS REGULATION IN AUSTRALIA.
- DOES THE AUSTRALIAN CONSTITUTION PRECLUDE A VOID-FOR-VAGUENESS DOCTRINE?
- What/whose knowledge? Restraints of trade and concepts of knowledge.
- Can the common law adjudicate historical suffering?
- ICARUS AND THE EVIDENCE ACT: SECTION 137, PROBATIVE VALUE AND TAKING FORENSIC SCIENCE EVIDENCE 'AT ITS HIGHEST'.
- The impact of the Personal Property Securities Act on assignments of accounts.
- DISENTANGLING FUNCTIONALITY, DISTINCTIVENESS AND USE IN AUSTRALIAN TRADE MARK LAW.
- WHAT DETERMINES THE INSTITUTIONAL LEGITIMACY OF THE HIGH COURT OF AUSTRALIA?
- CLARITY AND COMPLEXITY IN THE BIAS RULE.
- THE DEFENCE ACT 1903 (CTH): A GUIDE FOR RESPONDING TO AUSTRALIA'S LARGE-SCALE DOMESTIC EMERGENCIES.
- ALGORITHMIC RISK ASSESSMENT IN AUSTRALIAN CORRECTIVE SERVICES.
- Interpreters and fairness in administrative hearings.
- Balancing fairness to victims, society and defendants in the cross-examination of vulnerable witnesses: an impossible triangulation?
- THE 'PRICE' OF JUSTICE? COSTS-CONDITIONAL SPECIAL LEAVE IN THE HIGH COURT.
- A PURPOSIVE APPROACH TO INTERPRETING AUSTRALIA'S COMPLEMENTARY PROTECTION REGIME.
- PUBLIC INTEREST COSTS ORDERS IN FEDERAL CLASS ACTIONS: TIME FOR A NEW APPROACH.
- BESTIALITY: CHALLENGING THE BOUNDARY OF THE AUSTRALIAN CRIMINAL LAW.
- Siblings but not twins: making sense of 'mutual trust' and 'good faith' in employment contracts.
- The three 'R's of recent Australian judicial activism: Roach, Rowe and (no) 'riginalism.
- More aqua nullius? The Traditional Owner Settlement Act 2010 and the neglect of indigenous rights to manage inland water resources.
- COSMOPOLITAN ORIGINALISM: REVISITING THE ROLE OF INTERNATIONAL LAW IN CONSTITUTIONAL INTERPRETATION.
- The rule of law in reading down: good law for the 'bad man'.
- MINISTERS, STATUTORY AUTHORITIES AND GOVERNMENT CORPORATIONS: THE AGENCY PROBLEM IN PUBLIC SECTOR GOVERNANCE.
- THE SPECIAL CASE PROCEDURE IN THE HIGH COURT OF AUSTRALIA: HISTORY, USE AND MISUSE.
- Prosecutorial guidelines for voluntary euthanasia and assisted suicide: autonomy, public confidence and high quality decision-making.
- The nature of Torrens indefeasibility: understanding the limits of personal equities.
- The empire will strike back: the overlooked dimension to the parallel import debate.
- Public authority liability for negligence in the post-Ipp era: sceptical reflections on the 'policy defence.'(Ipp Review of the Law of Negligence: Final Report) (Australia)
- The rights and responsibilities of Australian citizenship: a legislative analysis.
- INTERDISCIPLINARITY IN JUDICIAL DECISION-MAKING: EXPLORING THE ROLE OF SOCIAL SCIENCE IN AUSTRALIAN LABOUR LAW CASES.
- NON-INVASIVE PRENATAL TESTING FOR ADULT-ONSET CONDITIONS: REPRODUCTIVE CHOICE AND THE WELFARE OF THE FUTURE CHILD.
- Collective bargaining beyond the boundaries of employment: a comparative analysis.
- REGULATING CYBER-RACISM.
- PGA v The Queen: marital rape in Australia: the role of repetition, reputation and fiction in the common law.
- DOES LIM TRULY HAVE 'NOTHING TO SAY' ABOUT THE COMMONWEALTH'S REGIONAL PROCESSING ARRANGEMENTS? HABEAS CORPUS AS A VEHICLE FOR TESTING THE CONSTITUTIONAL VALIDITY OF OFFSHORE DETENTION.
- THE PRINCIPLE OF LEGALITY AND SECONDARY LEGISLATION: THE ROLE OF PROPORTIONALITY.
- Of 'kamikazes' and 'mad men': the fallout from the Qantas industrial dispute.
- What did Ronald Coase know about the law of tort?
- Government liability in negligence.
- Bankruptcy and debtor rehabilitation: an Australian empirical study.
- MARGINALISING HEALTH INFORMATION: IMPLICATIONS OF THE TRANS-PACIFIC PARTNERSHIP AGREEMENT FOR ALCOHOL LABELLING.
- Dead loss: damages for posthumous breach of the moral right of integrity.
- WHITEWASHING AUSTRALIA'S HISTORY OF STIGMATISING TRADE MARKS AND COMMERCIAL IMAGERY.
- RISK AND UNCERTAINTY IN PUBLIC INTEREST JOURNALISM: THE IMPACT OF ESPIONAGE LAW ON PRESS FREEDOM.
- CONSTITUTIONAL FREEDOMS AND STATUTORY EXECUTIVE POWERS.
- A 'KIND OF SOVEREIGNTY': TOWARD A FRAMEWORK FOR THE RECOGNITION OF FIRST NATIONS SOVEREIGNTIES AT COMMON LAW.
- The injury brokers: an empirical profile of medical expert witnesses in personal injury litigation.
- Misleading the ethical consumer: the regulation of free-range egg labelling.
- A comparative analysis of constitutional recognition of aboriginal peoples.
- CHARITIES ARE THE NEW CONSTITUTIONAL LAW FRONTIER.
- 'CONTRARY TO THE SPIRIT OF THE AGE': IMPRISONMENT FOR DEBT IN COLONIAL VICTORIA, 1857-90.
- CATS, COURTS AND THE CONSTITUTION: THE PLACE OF SUPER-TRIBUNALS IN THE NATIONAL JUDICIAL SYSTEM.
- THE RISE OF JUDICIAL SELF-GOVERNANCE IN THE NEW MILLENNIUM.
- THE PEOPLES OF THE STATES UNDER THE AUSTRALIAN CONSTITUTION.
- GREAT INVESTMENTS AND GOOD RETURNS: KNOWING RECEIPT AS AN EQUITABLE WRONG INDEPENDENT OF CONTRACT.
- The policy and practice of enforcement of directors' duties by statutory agencies in Australia: an empirical analysis.
- THE CONSTITUTIONAL PROHIBITION ON IMPOSING RELIGIOUS OBSERVANCES.
- UNJUST ENRICHMENT IN AUSTRALIA: WHAT IS(N'T) IT? IMPLICATIONS FOR LEGAL REASONING AND PRACTICE.
- AN ECONOMIC PERSPECTIVE ON COSTS IN AUSTRALIAN CLASS ACTIONS.
- CONCEPTUALISING AND ACTIVATING KNOWLEDGE IN ENVIRONMENTAL PROTECTION LAW.
- Lawyers, confidentiality and whistleblowing: lessons from the McCabe tobacco litigation.
- OPEN SECRETS: BALANCING OPERATIONAL SECRECY AND TRANSPARENCY IN THE COLLECTION AND USE OF DATA BY NATIONAL SECURITY AND LAW ENFORCEMENT AGENCIES.
- TRANSMISSION OF HIV AND THE CRIMINAL LAW: EXAMINING THE IMPACT OF PRE-EXPOSURE PROPHYLAXIS AND TREATMENT-AS-PREVENTION.
- INSTITUTIONAL ADAPTATION AND THE ADMINISTRATIVE STATE.
- VOLUNTARY ASSISTED DYING FOR (SOME) RESIDENTS ONLY: HAVE STATES INFRINGED S. 117 OF THE CONSTITUTION?
- PROCESS AND OUTCOME: THE CONSTRUCTION OF THE PELL ACQUITTALS.
- The vanishing author in computer-generated works: a critical analysis of recent Australian case law.
- Unfitness to stand trial and the indefinite detention of persons with cognitive disabilities in Australia: human rights challenges and proposals for change.
- FORENSIC SCIENCE EVIDENCE AND THE LIMITS OF CROSS-EXAMINATION.
- ADDRESSING THE VILIFICATION OF WOMEN: A FUNCTIONAL THEORY OF HARM AND IMPLICATIONS FOR LAW.
- THE QUIET DEMISE OF DECLARATIONS OF INCONSISTENCY UNDER THE VICTORIAN CHARTER.
- Without consent: forced marriage in Australia.
- A century of citation practice on the Supreme Court of Victoria.
- Private enforcement of competition law in Australia - inching forwards?
- RIGHTS IN GEOSPATIAL INFORMATION: A SHIFTING LEGAL TERRAIN.
- Fraudulent transactions affecting employees: some new perspectives on the liability of advisers.
- THE 'REASONABLE TORT VICTIM': CONTRIBUTORY NEGLIGENCE, STANDARD OF CARE AND THE 'EQUIVALENCE THEORY'.
- REHABILITATING REPUGNANCY? PRESERVING THAT PIECE OF MEDIEVAL LUMBER.
- PRINCIPLES, PRAGMATISM AND POWER: ANOTHER LOOK AT THE HISTORICAL CONTEXT OF SECTION 116.
- CONSTRUCTIVE TRUSTS AND DISCRETION IN AUSTRALIA: TAKING STOCK.
- INTERNATIONAL DATA FLOWS: A SCHREMS II ASSESSMENT OF ELECTRONIC SURVEILLANCE LAWS IN AUSTRALIA.
- Judges and retirement ages.
- SHELTER FROM THE STORM: PHOENIX ACTIVITY AND THE SAFE HARBOUR.
- Forensic science evidence and the conditions for rational (jury) evaluation.
- APPEALS FROM DISCRETIONS, SATISFACTIONS AND VALUE JUDGMENTS: REVIEWING THE HOUSE RULES.
- TREATING CHANCE CONSISTENTLY: RECASTING THE APPROACH TO CAUSATION AND DAMAGE IN NEGLIGENCE.
- THE RELATIONSHIP BETWEEN THE ROYAL PREROGATIVE AND STATUTE IN AUSTRALIA.
- Whitlam as internationalist: a centenary reflection.
- REMEDIES FOR MIGRANT WORKER EXPLOITATION IN AUSTRALIA: LESSONS FROM THE 7-ELEVEN WAGE REPAYMENT PROGRAM.
- THE UNSTABLE PROVINCE OF JURY FACT-FINDING: EVIDENCE EXCLUSION, PROBATIVE VALUE AND JUDICIAL RESTRAINT AFTER IMM V. THE QUEEN.
- CONSERVATIVE CONSTITUTIONAL RIGHTS IN 1940s AUSTRALIA.
- THE RACIALISATION OF CONSTITUTIONAL ALIENAGE.
- Suspected war criminals in Australia: law and policy.
- A COMPROMISED BALANCE? A COMPARATIVE EXAMINATION OF EXCEPTIONS TO AGE DISCRIMINATION LAW IN AUSTRALIA AND THE UK.
- DETERMINING SECONDARY LIABILITY: IN SEARCH OF LEGISLATIVE COHERENCE.
- A 'CLEARER' ACCOUNTS RULE: CHALLENGING THE INFLEXIBLE APPLICATION OF THE CLEAR ACCOUNTS RULE. (Australia, United Kingdom)
- A hoary chestnut resurrected: the meaning of 'ordinary course of business' in secured transactions law.
- Persona designata, punitive purposes and the issue of preventative detention orders: all roads lead to infringement of the separation of judicial power.
- THE FUTURE OF JOINT TRIALS OF SEX OFFENCES AFTER HUGHES: RESOLVING JUDICIAL FEARS AND JURISDICTIONAL TENSIONS WITH EVIDENCE-BASED DECISION-MAKING.
- PRESERVING THE CONSTITUTIONAL FUNCTION OF COURTS AND INCREASING CONFIDENCE IN THE TAX SYSTEM: TIME TO RECONSIDER FUTURIS.
- FAMILY FIDUCIARIES IN THE PROTECTIVE JURISDICTION.
- DIRECTORS' DUTIES, CSR AND THE JOBKEEPER WAGE SUBSIDY SCHEME. (corporate social responsibility)