Melbourne University Law Review

Journal article

1 Jul 2018

Drawing on interviews with international students and a range of stakeholders across Australia, this article uses 7-Eleven as a case study to illuminate systemic barriers that prevent temporary migrants from accessing remedies for unpaid entitlements within existing legal and institutional frameworks.

Journal article

5 Apr 2018

Drawing on case studies of exceptions to age discrimination law in Australia and the UK, this article considers the normative position on age equality law that emerges from these legal boundaries.

Journal article

28 Feb 2018

This article considers how copyright law applied in the analogue era to regulate the production and dissemination of geographic information, the effects of new technologies and digitisation on how law applies to geospatial data and associated products and systems, and whether either a database right...

Journal article

12 Sep 2017

This article examines the current legal and regulatory terrain around cyber-racism in Australia.

Journal article

29 Aug 2017

The principle of legality has in recent years become an increasingly important tool of statutory interpretation, but it has been applied inconsistently.

Journal article

19 Apr 2017

While it is clear that administrative regulations can control matters that are morally or politically controversial, the processes by which they are made in Australia do not generally require transparency or public participation, the primary features of deliberative democracy.

Journal article

19 Apr 2017

A comparative analysis on the constitutional recognition of Indigenous peoples in four jurisdictions.

Journal article

13 Feb 2017

Abstract

The Traditional Owner Settlement Act 2010 (Vic) was enacted in response to the deficiencies of the Native Title Act 1993 (Cth) in recognising the native title rights and interests of Victoria’s Traditional Owners. It is widely recognised that the NTA is particularly...

Journal article

11 Aug 2016

Whistleblowing is considered to be an integral component of corporate governance through exposing and remedying corruption, fraud and other types of wrongdoing in both the public and private sector. While whistleblowers face a very real threat of retaliation, the current regime which purports to prohibit...

Journal article

10 Aug 2016

Abstract

The current conflicts in Syria and Iraq have for the first time in many years brought to public consciousness the issue of war criminals in Australia. Australia has historically dealt with this issue in a reactive fashion and with varying success, through...

Journal article

9 May 2016

All Commonwealth, state and territory judges in Australia are subject to mandatory retirement ages. While the 1977 referendum, which introduced judicial retirement ages for the Australian federal judiciary, commanded broad public support, this article argues that the aims of judicial retirement ages are no longer...

Journal article

30 Nov 2015

Abstract

This article considers whether a specific domestic violence offence is needed in Australian criminal law that can recognise the ongoing, controlling and coercive nature of domestic violence. The recent introduction into English and Welsh law of a ‘controlling or coercive’ behaviour offence...

Journal article

17 Nov 2015

Abstract

Busking has been a feature of public spaces and cityscapes for centuries. For much of the 19th and 20th centuries, street performance occupied an ambiguous status in many cities: highly visible, but vulnerable to the harsh enforcement of public order offences and...

Journal article

27 Aug 2015

Historically, concerns with jury competence have been assuaged by the celebration of trial safeguards, expressions of confidence in jury abilities, and most recently through initiatives intended to improve the presentation of expert evidence. Whereas trial and appellate judges continue to express confidence in the effectiveness...

Journal article

27 Aug 2015

The enactment of occupiers’ liability legislation in four Australian jurisdictions between 1983 and 2002 has given rise to important problems about the relationship between the legislation and the common law of negligence. From 2002 onwards, the civil liability legislation has added another dimension of difficulty:...

Journal article

27 Aug 2015

Sections 433 and 561 of the Corporations Act 2001 (Cth) preserve the circulating assets of a company or their proceeds for the benefit of priority creditors including employee creditors. A number of recent decisions have contemplated or recognised a right of equitable subrogation available to...

Journal article

2 Aug 2015

Indigenous offenders are heavily over-represented in the Australian and Canadian criminal justice systems. In the case of R v Gladue, the Supreme Court of Canada held that sentencing judges are to recognise the adverse systemic and background factors that many Aboriginal Canadians face and consider...

Journal article

28 Jul 2015

One of the bases for the view that Commonwealth powers should be interpreted broadly is the idea that it is wrong to draw negative implications from positive grants of power. The paper argues that far from being wrong to draw negative implications from positive grants...

Journal article

9 Jul 2015

Fraudulent phoenix activity and sham contracting are well-recognised issues in the context of protecting employees’ remuneration entitlements, both during the life of a company and after it has collapsed through insolvency. To date, much of the emphasis in dealing with these problems has been on...

Journal article

28 Jun 2015

The speeches of Woodrow Wilson and Sir Zelman Cowen reveal attitudes and aspirations they would take into public life, and the visions they held for universities.

Abstract

When tertiary leaders reflect on the purpose of a university they reflect not just their...