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Publisher: RMIT Publishing   (Total: 387 journals)

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Showing 1 - 200 of 387 Journals sorted alphabetically
40 [degrees] South     Full-text available via subscription   (Followers: 4)
Aboriginal and Islander Health Worker J.     Full-text available via subscription   (Followers: 16)
Aboriginal Child at School     Full-text available via subscription   (Followers: 6)
About Performance     Full-text available via subscription   (Followers: 13)
Access     Full-text available via subscription   (Followers: 26)
ACCESS: Critical Perspectives on Communication, Cultural & Policy Studies     Full-text available via subscription   (Followers: 13)
Accounting, Accountability & Performance     Full-text available via subscription   (Followers: 18)
ACORN : The J. of Perioperative Nursing in Australia     Full-text available via subscription   (Followers: 19, SJR: 0.198, CiteScore: 0)
Adelaide Law Review     Full-text available via subscription   (Followers: 23, SJR: 0.122, CiteScore: 0)
Advocate: Newsletter of the National Tertiary Education Union     Full-text available via subscription   (Followers: 1)
Agenda: A J. of Policy Analysis and Reform     Full-text available via subscription   (Followers: 1)
Agora     Full-text available via subscription   (Followers: 6)
Agricultural Commodities     Full-text available via subscription   (SJR: 0.123, CiteScore: 0)
Agricultural Science     Full-text available via subscription   (Followers: 2)
AIMA Bulletin     Full-text available via subscription   (Followers: 4)
AJP : The Australian J. of Pharmacy     Full-text available via subscription   (Followers: 14, SJR: 0.142, CiteScore: 0)
Analysis     Full-text available via subscription   (Followers: 3)
Ancient History : Resources for Teachers     Full-text available via subscription   (Followers: 10)
Anglican Historical Society J.     Full-text available via subscription   (Followers: 4)
Annals of the Royal Australasian College of Dental Surgeons     Full-text available via subscription   (Followers: 5)
ANZSLA Commentator, The     Full-text available via subscription   (Followers: 4)
Appita J.: J. of the Technical Association of the Australian and New Zealand Pulp and Paper Industry     Full-text available via subscription   (Followers: 16, SJR: 0.168, CiteScore: 0)
AQ - Australian Quarterly     Full-text available via subscription  
Arena J.     Full-text available via subscription   (Followers: 1)
Around the Globe     Full-text available via subscription   (Followers: 1)
Art + Law     Full-text available via subscription   (Followers: 12)
Art Monthly Australia     Full-text available via subscription   (Followers: 10)
Artefact : the journal of the Archaeological and Anthropological Society of Victoria     Full-text available via subscription   (Followers: 3)
Artlink     Full-text available via subscription   (Followers: 5)
Asia Pacific J. of Clinical Nutrition     Full-text available via subscription   (Followers: 12, SJR: 0.697, CiteScore: 2)
Asia Pacific J. of Health Management     Full-text available via subscription   (Followers: 4)
Aurora J.     Full-text available via subscription  
Australasian Biotechnology     Full-text available via subscription   (Followers: 1, SJR: 0.1, CiteScore: 0)
Australasian Catholic Record, The     Full-text available via subscription   (Followers: 6)
Australasian Drama Studies     Full-text available via subscription   (Followers: 1)
Australasian Epidemiologist     Full-text available via subscription  
Australasian Historical Archaeology     Full-text available via subscription   (Followers: 7, SJR: 0.212, CiteScore: 0)
Australasian J. of Early Childhood     Full-text available via subscription   (Followers: 5, SJR: 0.535, CiteScore: 1)
Australasian J. of Gifted Education     Full-text available via subscription   (Followers: 7, SJR: 0.123, CiteScore: 0)
Australasian J. of Human Security     Full-text available via subscription   (Followers: 1, SJR: 0.144, CiteScore: 0)
Australasian J. of Irish Studies, The     Full-text available via subscription   (Followers: 9)
Australasian J. of Regional Studies, The     Full-text available via subscription   (Followers: 1, SJR: 0.118, CiteScore: 0)
Australasian Law Management J.     Full-text available via subscription   (Followers: 7)
Australasian Leisure Management     Full-text available via subscription   (Followers: 3)
Australasian Musculoskeletal Medicine     Full-text available via subscription   (Followers: 3)
Australasian Music Research     Full-text available via subscription   (Followers: 4)
Australasian Parks and Leisure     Full-text available via subscription   (Followers: 2)
Australasian Plant Conservation: J. of the Australian Network for Plant Conservation     Full-text available via subscription   (Followers: 4)
Australasian Policing     Full-text available via subscription   (Followers: 6)
Australasian Public Libraries and Information Services     Full-text available via subscription   (Followers: 34)
Australasian Review of African Studies, The     Full-text available via subscription   (Followers: 2)
Australian Aboriginal Studies     Full-text available via subscription   (Followers: 9, SJR: 0.13, CiteScore: 0)
Australian Advanced Aesthetics     Full-text available via subscription   (Followers: 4)
Australian Ageing Agenda     Full-text available via subscription   (Followers: 7)
Australian and Aotearoa New Zealand Psychodrama Association J.     Full-text available via subscription   (Followers: 1)
Australian and New Zealand Continence J.     Full-text available via subscription   (Followers: 4)
Australian and New Zealand Sports Law J.     Full-text available via subscription   (Followers: 10)
Australian Art Education     Full-text available via subscription   (Followers: 8)
Australian Bookseller & Publisher     Full-text available via subscription   (Followers: 1)
Australian Bulletin of Labour     Full-text available via subscription   (Followers: 2)
Australian Canegrower     Full-text available via subscription   (Followers: 2)
Australian Coeliac     Full-text available via subscription   (Followers: 1)
Australian Cottongrower, The     Full-text available via subscription   (Followers: 1)
Australian Family Physician     Full-text available via subscription   (Followers: 3, SJR: 0.317, CiteScore: 1)
Australian Field Ornithology     Full-text available via subscription   (Followers: 4, SJR: 0.209, CiteScore: 0)
Australian Forest Grower     Full-text available via subscription   (Followers: 4)
Australian Grain     Full-text available via subscription   (Followers: 2)
Australian Holstein J.     Full-text available via subscription   (Followers: 1)
Australian Humanist, The     Full-text available via subscription   (Followers: 4)
Australian Indigenous Law Review     Full-text available via subscription   (Followers: 22)
Australian Intl. Law J.     Full-text available via subscription   (Followers: 22)
Australian J. of Acupuncture and Chinese Medicine     Full-text available via subscription   (Followers: 4, SJR: 0.116, CiteScore: 0)
Australian J. of Adult Learning     Full-text available via subscription   (Followers: 15, SJR: 0.297, CiteScore: 0)
Australian J. of Advanced Nursing     Full-text available via subscription   (Followers: 14, SJR: 0.299, CiteScore: 1)
Australian J. of Asian Law     Full-text available via subscription   (Followers: 4)
Australian J. of Cancer Nursing     Full-text available via subscription   (Followers: 9)
Australian J. of Dyslexia and Learning Difficulties     Full-text available via subscription   (Followers: 8, SJR: 0.1, CiteScore: 0)
Australian J. of Emergency Management     Full-text available via subscription   (Followers: 28, SJR: 0.354, CiteScore: 0)
Australian J. of French Studies     Full-text available via subscription   (Followers: 7, SJR: 0.123, CiteScore: 0)
Australian J. of Herbal Medicine     Full-text available via subscription   (Followers: 5)
Australian J. of Language and Literacy, The     Full-text available via subscription   (Followers: 3, SJR: 0.282, CiteScore: 1)
Australian J. of Legal History     Full-text available via subscription   (Followers: 15)
Australian J. of Medical Science     Full-text available via subscription   (Followers: 1)
Australian J. of Music Education     Full-text available via subscription   (Followers: 4)
Australian J. of Music Therapy     Full-text available via subscription   (Followers: 9, SJR: 0.549, CiteScore: 1)
Australian J. of Parapsychology     Full-text available via subscription   (Followers: 2, SJR: 0.511, CiteScore: 0)
Australian J. on Volunteering     Full-text available via subscription   (Followers: 2)
Australian J.ism Review     Full-text available via subscription   (Followers: 8)
Australian Life Scientist     Full-text available via subscription   (Followers: 2)
Australian Literary Studies     Full-text available via subscription   (Followers: 6)
Australian Mathematics Teacher, The     Full-text available via subscription   (Followers: 7)
Australian Nursing J. : ANJ     Full-text available via subscription   (Followers: 6)
Australian Orthoptic J.     Full-text available via subscription  
Australian Primary Mathematics Classroom     Full-text available via subscription   (Followers: 5)
Australian Screen Education Online     Full-text available via subscription   (Followers: 3)
Australian Senior Mathematics J.     Full-text available via subscription   (Followers: 2)
Australian Sugarcane     Full-text available via subscription  
Australian TAFE Teacher     Full-text available via subscription   (Followers: 4)
Australian Tax Forum     Full-text available via subscription   (Followers: 3)
Australian Universities' Review, The     Full-text available via subscription   (Followers: 4)
Australian Voice     Full-text available via subscription   (Followers: 6)
Bar News: The J. of the NSW Bar Association     Full-text available via subscription   (Followers: 8)
Bioethics Research Notes     Full-text available via subscription   (Followers: 14)
BOCSAR NSW Alcohol Studies Bulletins     Full-text available via subscription   (Followers: 4)
Bookseller + Publisher Magazine     Full-text available via subscription   (Followers: 5)
Breastfeeding Review     Full-text available via subscription   (Followers: 18, SJR: 0.183, CiteScore: 0)
British Review of New Zealand Studies     Full-text available via subscription   (Followers: 4)
Brolga: An Australian J. about Dance     Full-text available via subscription   (Followers: 3)
Cancer Forum     Full-text available via subscription   (SJR: 0.115, CiteScore: 0)
Cardiovascular Medicine in General Practice     Full-text available via subscription   (Followers: 7)
Chain Reaction     Full-text available via subscription  
Childrenz Issues: J. of the Children's Issues Centre     Full-text available via subscription  
Chiropractic J. of Australia     Full-text available via subscription   (SJR: 0.111, CiteScore: 0)
Chisholm Health Ethics Bulletin     Full-text available via subscription   (Followers: 1)
Church Heritage     Full-text available via subscription   (Followers: 4)
Commercial Law Quarterly: The J. of the Commercial Law Association of Australia     Full-text available via subscription   (Followers: 5)
Communicable Diseases Intelligence Quarterly Report     Full-text available via subscription   (Followers: 2, SJR: 0.563, CiteScore: 1)
Communication, Politics & Culture     Open Access   (Followers: 13)
Communities, Children and Families Australia     Full-text available via subscription   (Followers: 3)
Connect     Full-text available via subscription   (Followers: 2)
Contemporary PNG Studies     Full-text available via subscription  
Context: J. of Music Research     Full-text available via subscription   (Followers: 8)
Corporate Governance Law Review, The     Full-text available via subscription   (Followers: 8)
Creative Approaches to Research     Full-text available via subscription   (Followers: 14)
Critical Care and Resuscitation     Full-text available via subscription   (Followers: 24, SJR: 1.032, CiteScore: 1)
Cultural Studies Review     Full-text available via subscription   (Followers: 16)
Culture Scope     Full-text available via subscription   (Followers: 4)
Dance Forum     Full-text available via subscription   (Followers: 6)
DANZ Quarterly: New Zealand Dance     Full-text available via subscription   (Followers: 4)
Day Surgery Australia     Full-text available via subscription   (Followers: 2)
Deakin Law Review     Full-text available via subscription   (Followers: 15)
Developing Practice : The Child, Youth and Family Work J.     Full-text available via subscription   (Followers: 20)
Early Days: J. of the Royal Western Australian Historical Society     Full-text available via subscription  
Early Education     Full-text available via subscription   (Followers: 8)
EarthSong J.: Perspectives in Ecology, Spirituality and Education     Full-text available via subscription   (Followers: 1)
East Asian Archives of Psychiatry     Full-text available via subscription   (Followers: 3, SJR: 0.36, CiteScore: 1)
Educare News: The National Newspaper for All Non-government Schools     Full-text available via subscription  
Educating Young Children: Learning and Teaching in the Early Childhood Years     Full-text available via subscription   (Followers: 20)
Education in Rural Australia     Full-text available via subscription   (Followers: 3)
Education, Research and Perspectives     Full-text available via subscription   (Followers: 14)
Educational Research J.     Full-text available via subscription   (Followers: 18)
Electronic J. of Radical Organisation Theory     Full-text available via subscription   (Followers: 3)
Employment Relations Record     Full-text available via subscription   (Followers: 3)
English in Aotearoa     Full-text available via subscription   (Followers: 2)
English in Australia     Full-text available via subscription   (Followers: 2, SJR: 0.18, CiteScore: 0)
Essays in French Literature and Culture     Full-text available via subscription   (Followers: 9)
Ethos: Official Publication of the Law Society of the Australian Capital Territory     Full-text available via subscription   (Followers: 5)
Eureka Street     Full-text available via subscription   (Followers: 5)
Extempore     Full-text available via subscription  
Family Matters     Full-text available via subscription   (Followers: 10, SJR: 0.228, CiteScore: 1)
Fijian Studies: A J. of Contemporary Fiji     Full-text available via subscription   (Followers: 1)
Focus on Health Professional Education : A Multi-disciplinary J.     Full-text available via subscription   (Followers: 7)
Food New Zealand     Full-text available via subscription   (Followers: 4)
Fourth World J.     Full-text available via subscription   (Followers: 1)
Frontline     Full-text available via subscription   (Followers: 18)
Future Times     Full-text available via subscription   (Followers: 3)
Gambling Research: J. of the National Association for Gambling Studies (Australia)     Full-text available via subscription   (Followers: 5)
Gay and Lesbian Law J.     Full-text available via subscription   (Followers: 2)
Gender Impact Assessment     Full-text available via subscription   (Followers: 3)
Geographical Education     Full-text available via subscription   (Followers: 2)
Geriatric Medicine in General Practice     Full-text available via subscription   (Followers: 8)
Gestalt J. of Australia and New Zealand     Full-text available via subscription   (Followers: 2, SJR: 0.1, CiteScore: 0)
Globe, The     Full-text available via subscription   (Followers: 4)
Government News     Full-text available via subscription   (Followers: 2)
Great Circle: J. of the Australian Association for Maritime History, The     Full-text available via subscription   (Followers: 7)
Grief Matters : The Australian J. of Grief and Bereavement     Full-text available via subscription   (Followers: 10)
He Puna Korero: J. of Maori and Pacific Development     Full-text available via subscription   (Followers: 5)
Headmark     Full-text available via subscription   (Followers: 2)
Health Inform     Full-text available via subscription  
Health Issues     Full-text available via subscription   (Followers: 2)
Health Promotion J. of Australia : Official J. of Australian Association of Health Promotion Professionals     Full-text available via subscription   (Followers: 8, SJR: 0.531, CiteScore: 1)
Health Voices     Full-text available via subscription  
Heritage Matters : The Magazine for New Zealanders Restoring, Preserving and Enjoying Our Heritage     Full-text available via subscription   (Followers: 2)
High Court Quarterly Review, The     Full-text available via subscription   (Followers: 3)
HIV Australia     Full-text available via subscription   (Followers: 3)
HLA News     Full-text available via subscription   (Followers: 3, SJR: 0.438, CiteScore: 1)
Hong Kong J. of Emergency Medicine     Full-text available via subscription   (Followers: 5, SJR: 0.19, CiteScore: 0)
Idiom     Full-text available via subscription   (Followers: 1)
Impact     Full-text available via subscription   (Followers: 2)
InCite     Full-text available via subscription   (Followers: 17)
Indigenous Law Bulletin     Full-text available via subscription   (Followers: 21)
InPsych : The Bulletin of the Australian Psychological Society Ltd     Full-text available via subscription   (Followers: 2)
Inside Film: If     Full-text available via subscription   (Followers: 6)
Institute of Public Affairs Review: A Quarterly Review of Politics and Public Affairs, The     Full-text available via subscription   (Followers: 12)
Instyle     Full-text available via subscription   (SJR: 0.116, CiteScore: 0)
Intellectual Disability Australasia     Full-text available via subscription   (Followers: 11)
Interaction     Full-text available via subscription   (Followers: 4)
Intl. Employment Relations Review     Full-text available via subscription   (Followers: 3)
Intl. J. of Disability Management Research     Full-text available via subscription   (Followers: 3)
Intl. J. of e-Business Management     Full-text available via subscription  
Intl. J. of Employment Studies     Full-text available via subscription   (Followers: 8)
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Intl. J. of Narrative Therapy & Community Work     Full-text available via subscription   (Followers: 8)
Intl. J. of Punishment and Sentencing, The     Full-text available via subscription   (Followers: 9)
Irrigation Australia: The Official J. of Irrigation Australia     Full-text available via subscription   (Followers: 3)
ISAA Review     Full-text available via subscription   (Followers: 1)
J. (Australian Native Plants Society. Canberra Region)     Full-text available via subscription   (Followers: 1)
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J. of Australian Colonial History     Full-text available via subscription   (Followers: 7)
J. of Australian Naval History, The     Full-text available via subscription   (Followers: 3)

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Similar Journals
Journal Cover
Adelaide Law Review
Journal Prestige (SJR): 0.122
Number of Followers: 23  
 
  Full-text available via subscription Subscription journal
ISSN (Print) 0065-1915
Published by RMIT Publishing Homepage  [387 journals]
  • Volume 40 Issue 2 - Combining a love of international law with a night at
           the movies
    • Abstract: Dolgopol, Ustinia
      I am sitting in a lecture theatre at one of the east coast Universities attending my first Australian conference on international law. A melodious male voice hushes the crowd and proceeds to query some of the ideas put forward by the panel. The voice is entrancing, but the ideas are not in accord with my understanding of the development of international law - particularly international human rights law. During a break I seek to engage with this man whose voice I admire but whose ideas I want to contest. Ever calm but resolute Ivan Shearer continues to set out his views. He listens intently to my arguments, displaying that consummate respect for the exchange of ideas that would mark our discussions years later in Adelaide after an evening movie.

      PubDate: Wed, 27 Nov 2019 17:55:00 GMT
       
  • Volume 40 Issue 2 - Reflections on the relationship between law and ethics
    • Abstract: Cook, Martin L
      Law and ethics share important characteristics. They are both normative - that is, they specify how things ought to be. They both provide rules and principles that are intended to guide action. In the military context, they set the boundaries of acceptable and unacceptable action. Law involves reasoning with reference to general principles and by analogy to prior judgments regarding the legality of particular acts. So do many schools of ethical theory, most notably Kantian/deontological and utilitarian schools of thought. But, of course, law differs from ethics in one obvious respect: it is enforceable using well-understood procedures, while ethics is not, unless it becomes codified as law as well.

      PubDate: Wed, 27 Nov 2019 17:55:00 GMT
       
  • Volume 40 Issue 2 - The enduring legacy of the martens clause: Resolving
           the conflict of morality in international humanitarian law
    • Abstract: Stapleton-Coory, Mitchell
      The true meaning of the Martens Clause has bewildered legal scholars for centuries. There are multiple and competing views as to how the legal effect of this Clause should be correctly defined, each with sufficient credible support in case law, treaty provisions and academic commentary. This article explores three of the most commonly advanced interpretations of the Martens Clause, including the ways in which the Clause is used to nullify a contrario arguments, reference to the Clause in aid of judicial interpretation, and finally the perspective that the operative content of the Clause has acquired the status of a peremptory norm of customary international law. Rather than attempting to analyse each position in order to find the one true meaning of the Clause, this article instead takes a holistic view of the history of the Clause in an attempt to understand why it has been so difficult to agree on its meaning definitively. In doing so, specific attention is paid to the intractable moral dilemmas that are brought about during times of armed conflict and, with reference to such extreme circumstances, it is concluded that the ambiguity of this Clause is what allows it to be so useful. There is something subtle and nuanced about the intention of the Martens Clause which has been impossible to distil for over a century, yet it continues to provide a moral safe harbour that we are evidently loath to forego.

      PubDate: Wed, 27 Nov 2019 17:55:00 GMT
       
  • Volume 40 Issue 2 - Conflating conscience and legality in international
           law: Implications for the future
    • Abstract: Lewis, Angeline
      'Law could never accurately embrace what is best and most just for all at the same time, and so prescribe what is best. For the dissimilarities between human beings and their actions, and the fact that practically nothing in human affairs ever remains stable, prevent any sort of expertise whatsoever from making any simple decision in any sphere that covers all cases and will last for all time.'

      PubDate: Wed, 27 Nov 2019 17:55:00 GMT
       
  • Volume 40 Issue 2 - Conscience and coercion: Justice and the 'defence act'
    • Abstract: Adams, Richard
      Speaking to the need for coercive powers to be treated with caution in a liberal democracy, this article argues against the requirement in s 8(2) of the 'Defence Act 1903' (Cth) that 'the Chief of the Defence Force ... must comply with any directions of the Minister'. Accepting, by and large, that generals should comply with the lawful wishes of civilian government, and that nothing must compromise national security, this article argues that the law should allow generals discretionary space so that they might resist the unconscionable directions of politics. If we are going to take the moral claims of military service seriously, and if we are going to expect our generals to act at anything except a modest administrative level of responsibility, then we must reform the law.

      PubDate: Wed, 27 Nov 2019 17:55:00 GMT
       
  • Volume 40 Issue 2 - Law, war, ethics and conscience: An enduring conundrum
    • Abstract: Stephens, Dale; Stubbs, Matthew
      We are delighted to introduce this forum on law, war, ethics and conscience. It is fitting that this forum appears in the issue of the Adelaide Law Review dedicated to our friend and colleague Ivan Shearer, who contributed so much to the humanitarian calling, and who is so deeply missed. War represents perhaps the most demanding moment of the human experience. It is the ultimate 'hard case', putting to the test our conceptions of law's relationship to ethics and conscience. The pieces in this forum explore the interrelationship of law, professional ethics and personal conscience in the context of armed conflict and military operations. They ask a series of related questions - how ethics are inculcated within military forces, how the laws of war incorporate matters of conscience, how military lawyers contribute to the rule of law and to the achievement of military objectives, and what should be done when the dictates of law deviate from those of ethics and conscience. This is not an area where simple conclusions can be drawn; this forum instead explores how we can most effectively attempt to meet the great challenges identified.

      PubDate: Wed, 27 Nov 2019 17:55:00 GMT
       
  • Volume 40 Issue 2 - 'Burns v Corbett' (2018) 353 ALR 386 tribunals and
           tribulations: Examining the constitutional limits on the jurisdiction of
           state tribunals
    • Abstract: Perakath, Azaara
      In 'Burns v Corbett', the High Court had the opportunity to address an issue which has been on the horizon for some time: the limits on the powers of state tribunals.

      PubDate: Wed, 27 Nov 2019 17:55:00 GMT
       
  • Volume 40 Issue 2 - The constitution and the common law again
    • Abstract: Taylor, Greg
      In what way do rights guarantees in the Australian 'Constitution', most notably the implied freedom of political communication on governmental matters, effect change in the common law' Recently Jeffrey Goldsworthy has argued that '[a] comprehensive theory of the subordination of the common law to the 'Constitution' has yet to be clearly articulated'. I have pointed to a modified version of the method followed in Canada and Germany - the latter being 'perhaps the jurisdiction with the most sophisticated and developed doctrine of horizontal effect' of basic rights on the private law - as both most suitable to the Australian context and in tune with what the High Court of Australia has actually held, but Goldsworthy finds this theory 'difficult to understand'. Unfortunately he did not attempt to enrich his understanding by reference to explanations offered by anyone besides me, for example in other jurisdictions that actually apply the method advocated; there is a large international literature and vigorous debate on this topic. Cheryl Saunders has also declared that '[t]he question of how to characterise the relationship between the 'Constitution' and the common law remains unanswered'.5 A renewed attempt is therefore in order.

      PubDate: Wed, 27 Nov 2019 17:55:00 GMT
       
  • Volume 40 Issue 2 - Locating the mouth of a river in Australian law
    • Abstract: Kaye, Stuart
      The identification of the mouth of a river at law is a more difficult prospect than may first appear. Geography and the action of tides can make the location of a river mouth a difficult prospect. The law has had to face the question of identifying the mouth of a river over the centuries and a volume of statute and common law has built up, presenting a range of solutions. This article considers the historic approaches taken in statute and common law, with a view to distilling the key elements necessary to locate the mouth of a river.

      PubDate: Wed, 27 Nov 2019 17:55:00 GMT
       
  • Volume 40 Issue 2 - The high court's minimalism in statutory
           interpretation
    • Abstract: Blaker, Jamie
      According to some, the High Court of Australia believes itself able to stipulate the law of any statute. According to others, the Court believes no such thing. The Court - on this alternative view - takes the laws of statutes to reside in the stable and interpreter-independent linguistic meanings of statutory texts. Here I offer a third view: that the Court tentatively indicates its commitment to both of these positions, so as to avoid strong commitments to either. This strategy - a form of minimalism - is intended to solve a difficult problem: the problem of justifying the courts' interpretive practices within a value-pluralist society. However, the strategy encounters certain difficulties. After surveying these difficulties, I argue that a different strategy ought to be adopted. The Court should either develop its theoretical position in earnest, or commit to a stronger form of minimalism, thus avoiding high-level theories more completely.

      PubDate: Wed, 27 Nov 2019 17:55:00 GMT
       
  • Volume 40 Issue 2 - I am not a high priest in a secular military!
    • Abstract: Blake, Duncan
      I made this remark to a colleague from the Canadian Department of National Defence in the margins of a seminar in 2015 in Montreal. It was a facetious remark intended to affirm my colleague and his excellent points, through a satirical device. I had not, at the time, fully explored the meaning behind the remark, but in retrospect I find that there is a lot of meaning and that it is a useful tool to organise my arguments in this paper. First, the remark is true because too much is sometimes expected of the law and legal advisers. Secondly, the reference to 'high priest' suggests a formal, stratified regime of pontification on the law and its related elements. Thirdly, I do belong to a secular military. Fourthly, it does raise a question: if the lawyer is not responsible for moral elements of operational decisions, who is' Fifthly, I suggest that we do not need to allocate responsibility to a particular person for the moral element. Sixthly, the remark is facetious because the concern does not actually warrant formal escalation - and, of course, I'll explain why I take that position. Finally, I'll suggest an antidote - notwithstanding that it involves a difficult 'pill to swallow'. II Law's

      PubDate: Wed, 27 Nov 2019 17:55:00 GMT
       
  • Volume 40 Issue 2 - Termination of tenancy in common by adverse
           possession: A comparative lesson from the United States
    • Abstract: Orth, John V
      The common law recognised four types of co-ownership: joint tenancy, tenancy in common, coparcenary, and tenancy by the entireties. Of these, only the joint tenancy and the tenancy in common retain relevance in Australian law. And of those, the tenancy in common is the simplest: tenants in common share possession, but otherwise each cotenant's interest, although undivided, is alienable, devisable, and inheritable. Unlike joint tenancy, tenancy in common provides no right of survivorship, and there is no requirement that the cotenants' shares be equal. Notwithstanding the simplicity of the estate, tenancy in common can cause some of the trickiest problems in one particular instance: the operation of the law of adverse possession.

      PubDate: Wed, 27 Nov 2019 17:55:00 GMT
       
  • Volume 40 Issue 2 - 'Stone v Chappel' (2017) 128 SASR 165 is the doctrine
           of economic waste a waste of time'
    • Abstract: Bouchier, Jade
      In 2009, the plaintiffs, Mr and Mrs Stone, entered into a contract with the defendants, Mr Chappel and Mr Smallacombe, to construct the shell and framework for an apartment in a retirement village. The contract specified that the ceiling height was to be 2,700 mm above floor level. However, upon construction, the height of the ceiling ranged from 32 mm to 57 mm below the specified height. The plaintiffs claimed approximately $330,000 in rectification damages to remedy the breach of contract.

      PubDate: Wed, 27 Nov 2019 17:55:00 GMT
       
  • Volume 40 Issue 2 - Fr Roderick O'Brien
    • Abstract: O'Brien, Roderick
      The funeral for Emeritus Professor Ivan Anthony Shearer was held at Saint Lawrence's Church, North Adelaide. Anticipating his death, Professor Shearer planned the liturgy for the funeral Mass, and incorporated two eulogies: the first, to focus on his family life, by his nieces Annabel Mugford and Rebecca Tilly, and the second, to focus on his legal career, by his former student Fr Roderick O'Brien. It is the second eulogy that we reproduce here.

      PubDate: Wed, 27 Nov 2019 17:55:00 GMT
       
  • Volume 40 Issue 2 - Horst Klaus Lucke
    • Abstract: Lucke, Horst Klaus
      Ivan Shearer was a colleague and a friend; I mourn his passing. When I arrived in Adelaide in July 1959, Ivan was in his last undergraduate year and served in articles of clerkship with Genders Wilson Bray. He visited the University only to attend lectures, so I did not get to know him until 1963 when he joined the Law School staff as a lecturer. In 1964 he completed his LLM with a thesis on extradition in the British Commonwealth. I recall his excellent presentation of this research at a staff seminar in 1964. Two further papers soon followed; in 1971 his book on the subject was published. Much more on extradition was to come. Once a subject had his attention, it remained on his radar. This kind of follow-up is, in itself, an indication of the quality of his academic work. In 2005, the Australian Year Book of International Law published the whole of volume 24 as 'a collection of essays to honour Professor IA Shearer'. James Crawford contributed an assessment of Ivan's achievements as a scholar, teacher and practitioner which includes a bibliography. Donald Rothwell's introduction to the volume is a detailed account of Ivan's career.

      PubDate: Wed, 27 Nov 2019 17:55:00 GMT
       
  • Volume 40 Issue 2 - Rudiger Wolfrum
    • Abstract: Wolfrum, Rudiger
      Ivan Shearer stands like a lighthouse at the beginning of my interest in the law of the sea. For my first articles on the subject, I intensively consulted the two volumes of DP O'Connell on 'The International Law of the Sea' edited by Ivan.1 The outstanding feature of these two books is that they deeply delve into the history of the international law of the sea. This keen interest in the historical basis of law was typical for Ivan.

      PubDate: Wed, 27 Nov 2019 17:55:00 GMT
       
  • Volume 40 Issue 2 - Philippe Sands
    • Abstract: Sands, Philippe
      I first came across Ivan through his work on the law of the sea, and in particular his edition of DP O'Connell's 'The International Law of the Sea', which I appreciated for the clarity of structure and lightness of touch, in not imposing upon the reader an inflexible interpretation of legal text. From this work I sensed an openness of spirit, a view confirmed by James Crawford, his pupil and friend.

      PubDate: Wed, 27 Nov 2019 17:55:00 GMT
       
  • Volume 40 Issue 2 - Andru E Wall
    • Abstract: Wall, Andru E
      It is a tremendous honour to share a few words of tribute to Ivan Shearer, my mentor and friend of 19 years. Unsurprisingly for anyone who knew Ivan, he inspired my loves for international law and cooking, and my most cherished remembrances of Ivan involve both.

      PubDate: Wed, 27 Nov 2019 17:55:00 GMT
       
  • Volume 40 Issue 2 - Rebecca LaForgia
    • Abstract: Laforgia, Rebecca
      The last time that I was with Ivan was when he delivered a lecture for the South Australian chapter of the International Law Association about his life in international law. The talk was held in April 2019 and was entitled 'International Law Now and Then'. It was a wonderful talk filled with reflections, humour and insights drawn from a lifetime of experience and dedication to international law. In attendance were, among others, international law teachers, Ivan's past students, and law students (so very keen to hear from Ivan). That was a characteristic I observed over the years - how law students gravitated to Ivan, finding a natural wisdom in his words but also it seemed to me they were inspired by his wisdom, civility and dignity, seeing something they might aspire to.

      PubDate: Wed, 27 Nov 2019 17:55:00 GMT
       
  • Volume 40 Issue 2 - James Crawford
    • Abstract: Crawford, James
      A review of the career of Ivan Shearer reveals both a remarkable breadth and a fine consistency. He trained at Adelaide Law School (1955-9) in the last years of its operation as a predominantly local institution for training legal practitioners (who also undertook much of the teaching). He went through the various stages of professional qualification as barrister and solicitor, and acted as a judge's associate in the Supreme Court of South Australia. He did not study international law as a subject - it was not yet offered, despite the presence of DP O'Connell as a member of the Faculty. But he opted for an academic career, moving to the Law School in 1961 first as a tutor, eventually rising to the level of reader, before being promoted to successive chairs at the Universities of New South Wales, Sydney and South Australia. His academic career was initially focused on public law - constitutional and administrative in particular. At Adelaide, he also taught Elements of Law, a basic introduction to legal studies with an emphasis on case reading, statutory interpretation and judicial process. The first lecture in law that I had at Adelaide was given by Ivan in Elements of Law.

      PubDate: Wed, 27 Nov 2019 17:55:00 GMT
       
  • Volume 40 Issue 2 - Dale Stephens and Matthew Stubbs
    • Abstract: Stephens, Dale; Stubbs, Matthew
      This issue of the 'Adelaide Law Review' is dedicated to the memory of our dear friend and colleague Ivan Shearer. Ivan's 63-year involvement with Adelaide Law School began when he commenced his undergraduate law studies here in 1956. He later became a member of the academic staff, served as Dean of Law, and in his retirement returned as an Adjunct Professor. Ivan also served for many years as a member of the Advisory Board of the 'Adelaide Law Review'.

      PubDate: Wed, 27 Nov 2019 17:55:00 GMT
       
  • Volume 40 Issue 1 - Celebration of volume 40: Sixty years on!
    • Abstract: Kirby, Michael
      The world into which the first volume of the 'Adelaide Law Review' emerged was significantly different from the world of today.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - The 'Adelaide Law Review' at (volume) 40: Reflections
           and future directions
    • Abstract: Stubbs, Matthew
      It is an enormous pleasure and privilege to introduce this special issue to mark the publication of volume 40 of the Adelaide Law Review. In the 59 years since its establishment in 1960, the Adelaide Law Review has become the pre-eminent home of legal scholarship in South Australia, and its alumni (consisting of former academic and student editors) have made remarkable contributions to the law not only in Adelaide but around Australia and the world.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - Constitutional law and the 'Adelaide Law Review'
    • Abstract: Williams, John M
      Academic journals chronicle not just the emergence of ideas, but also the historical context of their development. The first tentative exploration of the discipline, the rise and fall of doctrine, and the inevitable reassessment of existing truths are all made manifest in the pages of the journal.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - 135 years: Reflections on the past, present and future
           of Adelaide Law School
    • Abstract: Rathjen, Peter
      At 8:45am on Tuesday 3 April 1883, the University of Adelaide's first law students made their way to the first floor of the Mitchell Building to begin their Bachelor of Laws degree.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - Reflections on publishing the 'Adelaide Law Review'
    • Abstract: Moore, Anthony
      For many centuries law libraries and persons such as judges, legal practitioners, academics and law students have relied on published material. The earliest of this material includes statutes and accounts of cases dating back to at least the 13th century, as well as commentaries - such as Sir William Holdsworth's 'A History of English Law' - attempting to review legal principles in general or in a specific area such as the law of contract. The existence of this material has helped to establish the doctrine of precedent, whereby current principles of law are based on previous decisions. The printing of books or collections of material is a huge advance in this process. A similar reliance on printed material emerged in university law schools, promoting the analysis of legal principles and their philosophical or moral base. In the United States, eminent law schools published law journals or reviews for this analysis as it related to particular decisions, statutes or current issues. In Australia, the older law schools began to publish their own law reviews in the second half of the 20th century. The practice was readily adopted by newer schools.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - 40 is the new 20: The changing contours of the
           'Adelaide Law Review'
    • Abstract: Andreotti, Christian; Nicholls, Holly
      For millennia, age has been something of a pariah. The prospect of growing older is often accompanied by fear or stoic denial, as we strive to maintain the perceived relevance associated with youth. Ironically, this desire to escape the effect of time is an ancient phenomenon, Herodotus having written of the legendary 'fountain of youth' during the 5th century BCE. Since the time of Herodotus, gerascophobia has crystallised into a cultural universal truth, encapsulated by the timeless words of The Beatles, who asked.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - Legal scholarship today
    • Abstract: Gava, John
      On the surface, legal scholarship in Australia today is flourishing. Never before have we seen so much diversity nor have we seen so much being published in our law journals. But if we consider the nature of law and legal scholarship, it will become apparent that much of what is published is inappropriate, misguided, or unnecessary.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - The value of the 'Adelaide Law Review' from a student
           editor perspective
    • Abstract: Dunning, Isabella; Nikoloudakis, Irene; Georgeson, Caitlyn
      While law reviews might appear from the outside to be a purely academic exercise, a means for university professors to reach their publishing quota, or a way for a law school to display its strong history and reputation, for the law students that sit on their editorial bodies they mean a lot more. As previous Student Editors and subsequent Associate Editors of the 'Adelaide Law Review' ('ALR'), we can attest to the fact that being on its editorial body was one of the most challenging and rewarding experiences of our time at law school. Being Student Editors helped us to think critically and question the law, develop an eye for detail, hone our writing and research skills, build our self-confidence and develop a sense of camaraderie with our fellow Student Editors. The experience also gave us a unique insight into the utility and value of law reviews more broadly. In this article we share our experience of being Student Editors of the 'ALR' and how the experience has benefited us in our professional lives, in which we have collectively worked as judges' associates, research assistants, solicitors in commercial law firms and in-house legal advisors in government.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - Ruminations on personal injury law since 1960
    • Abstract: Keeler, John
      The first issue of the 'Adelaide Law Review' came out in 1960, the same year that I began my undergraduate law course in England under the guidance of Arthur Rogerson. In the final term of my first year we studied torts, and I made my first acquaintance with Fleming on Torts, recommended by Arthur as the most stimulating of the texts though not confined to English law. One other comment he made that stays in the memory from that term is that for the practicing lawyer, 'Donoghue v Stevenson' was not the most important torts case of the interwar period: he gave that as being 'Wilsons and Clyde Coal Co Ltd v English'. This gave an emphasis to personal injury law which reinforced Fleming's view of the function of tort law.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - Isaiah Berlin and Adolf Hitler: Reflections and
           personal recollections
    • Abstract: Lucke, Horst Klaus
      When the editors of the 'Adelaide Law Review' asked me to contribute to 'Reflections and Future Directions' - the motto of this issue - I was honoured by the invitation. My association with the University of Adelaide and its Law School has lasted for almost 60 years. It has given me a life full of interest and of opportunities. I look back on it with a sense of affection and gratitude.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - Norval Morris and the 'new manslaughter' in 'the
           Adelaide Law Review'
    • Abstract: Leader-Elliott, Ian
      The first issue of the 'Adelaide Law Review' in 1960 opens without preamble or dedication. In that respect, it resembles the initial issues of other university law reviews of the same era. The Adelaide Law Review Association had been established by Norval Morris (1923-2004) in the preceding year, early in his tenure as Dean of the Faculty of Law. The first issue of the Review includes his discussion of 'A New Qualified Defence to Murder', a partial defence which resulted in what he was later to call 'the new manslaughter'. It is a significant essay for it brings within its compass a pantheon of tutelary deities of Australian criminal law in the late 20th century and it addresses issues of continuing concern in criminal responsibility for unlawful homicide. The pantheon to which I refer includes Sir Owen Dixon (1886-1972), Sir John Barry (1903-69), Glanville Williams (1911-97) and Colin Howard (1928-2011), who was recruited by Norval Morris to the Adelaide Law School in 1960. A prelude to Howard's significant monograph on Strict Responsibility, entitled 'Not Proven', appears in a subsequent issue of vol 1 of the Review.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - South Australia's role in the space race: Then and now
    • Abstract: de Zwart, Melissa
      It would surprise most people to learn of Australia's almost forgotten role in the space race of the Cold War Era. Whilst many people are familiar with the name Woomera, few have any knowledge that it was from this remote South Australian township that an Australian satellite constructed at the University of Adelaide was launched into space on an American rocket, making Australia the fourth country in the world to launch a satellite from its own territory.1 What we do know is that little followed from this first bold experiment. Australia certainly went on to become a major provider of ground services, famously celebrated in the beloved Australian movie 'The Dish', but few Australians regard Australia as a potential site for space launches even now at the dawn of the new era of commercial space.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - Where do a bird and a fish build a house': An
           alumna's view on a reconciled nation
    • Abstract: Mason, Andrea
      As a former student of the University of Adelaide Law School, this law school's gift to me was buckets of guidance on how to think critically about the foundations of Australian society, to find a way through complex issues and to stimulate new perspectives and ways of thinking, drawn from these reflections.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - Colonial logic and the Coorong massacres
    • Abstract: Watson, Irene
      Soon after I enrolled to study law in 1979, I read Stephen Lendrum's article about the 1840 Coorong massacre in the 'Adelaide Law Review'. I belong to the land and peoples of the Coorong, and had been aware of the Coorong massacre from stories told to me by my family and elders. I had an Aboriginal worldview of the colonial frontier. The Coorong massacre occurred after 26 new settlers, who had survived the 'Maria' shipwreck, died at the hands of Coorong Tanganekald Milmendjeri people. A punitive expedition was dispatched from Adelaide, and the number of First Nations Peoples' lives lost to the punitive mission remains unknown. Our Aboriginal oral history maintains that it was many. The punitive mission might have been intended to bring the offenders to 'justice', but it was an unlawful process under British law, and unlawful in respect of Aboriginal law. The British did not declare martial law at the time, and two Aboriginal men were executed without trial.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - Of titles and testaments: Reflections of an American
           reader of the 'Adelaide Law Review'
    • Abstract: Orth, John V
      From the point of view of an American lawyer, two Australian innovations in the law of property stand out: titles by registration and the dispensing power in the law of wills. Both originated in South Australia, and both are the subject of articles in the 'Adelaide Law Review'. Both spread rapidly to other Australian states and throughout the Commonwealth. But in the United States, despite some early success, neither achieved widespread adoption. Readers of the 'Adelaide Law Review', who doubtless view titles by registration and the dispensing power as obvious improvements on earlier property law, may be surprised by American exceptionalism. But in both cases the new entrants encountered entrenched practices which, while seemingly less eligible, nonetheless successfully resisted displacement.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - Publish 'and' collaborate: An invitation
    • Abstract: Babie, Paul
      On 7 December 2015, the Commonwealth Government announced the $1.1 billion National Innovation and Science Agenda ('NISA'). Aimed at embracing innovation, technology and science as critical components to powering the economy so as to provide jobs and higher living standards for all Australians, the NISA '[set] a focus on science, research and innovation as long-term drivers of economic prosperity, jobs and growth'. Following this announcement, then Prime Minister Malcolm Turnbull suggested that the NISA would mean that 'publish or perish will be replaced by collaborate or crumble'. Christopher Pyne, then Minister for Industry, Innovation and Science, added that the government would 'abolish publications as the chief reason why you attract research grants' and flagged an intention to 'change that into research impact'. In a press conference on 18 December 2015, Malcolm Turnbull extemporised at length about the benefits of this new approach:

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - Human rights protections: Need we be afraid of the
           unelected judiciary'
    • Abstract: Branson, Catherine
      On 14 December 2018, the Australian Human Rights Commission announced a new major project titled Free and Equal: An Australian Conversation on Human Rights. The project asks the community 'what makes an effective system of human rights protection for 21st century Australia'' It seems inevitable that this project will reopen debate on whether the Commonwealth Parliament should enact a Human Rights Act.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - How laws are made
    • Abstract: Chapman, Vickie
      The man who united modern Germany, Otto von Bismarck, (in)famously stated that to retain respect for sausages and laws, one must not watch them in the making.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - Feminist interventions into international law: A
           generation on
    • Abstract: Gardam, Judith
      Volume 19 of the 'Adelaide Law Review', published in 1997, contains the papers of a symposium held at the University of Melbourne Law School in September 1996 entitled 'Feminist Interventions into International Law'. The opening address of the symposium was presented by Christine Chinkin, currently Professor Emerita at the London School of Economics. Professor Chinkin is a pre-eminent international lawyer and is acknowledged as being at the forefront of bringing the lens of Western feminism to bear on her discipline. In her 1997 address, written some six or seven years after feminism first found its voice in international law at a conference at the Australian National University in 1990, Professor Chinkin assessed to what extent gains had been made in developing an international legal system that 'takes seriously the interests of all women'. In her address she also identified potential challenges to further progress. As an aside, it is worth noting that the thoughts Professor Chinkin expressed at that time are still cited by scholars and remain as influential today as they were then.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
      Issue No: Vol. 19 (2019)
       
  • Volume 40 Issue 1 - International law in Australia revisited
    • Abstract: Crawford, James; Cameron, Rose
      Congratulations to the 'Adelaide Law Review' on reaching its fortieth anniversary! Reading through the issues of the Review since its inception takes one of us (Crawford) back to days as a Student Editor in the late 1960s, then as a Staff Editor in the 1970s; to articles on public law,1 and to preparing the edition in honour of Chief Justice Bray.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - A bail review
    • Abstract: Hinton, Martin
      'All stand'. As I made my way to the centre of the bench I glanced at the large flat screen fixed to the wall. There could be seen the applicant, a young Aboriginal man, 26 years of age, dressed in prison issue garb. My eyes travelled to the coat of arms hanging on the wall behind the bench - 'Dieu et mon droit' - a reminder, if anyone needed one, that in this courtroom the power of the coloniser vested in the colonists that first came to this land, and imposed on those who first owned the land, was to be exercised by a successor in title. Unabashed, unapologetic, 'Dieu et mon droit'. So much for reconciliation. So much for recognition.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - The 'age of statutes' and its intersection with
           fundamental principles: An illustration
    • Abstract: Shaw, Marie; Doyle, Ben
      The half-century or so since the first edition of the 'Adelaide Law Review' coincides with what has come to be known as the 'age of statutes'.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - Alternative dispute resolution and access to justice
           in the 21st century
    • Abstract: Bochner, Katrina
      In 1997, Lord Woolf delivered his 'Access to Justice' report to Parliament. The report came at the end of a lengthy review of the civil justice system in England and Wales, and as a result of complaints about the unwieldy system in place at that time. He identified the problems that he found with the system as follows:

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - Succession law: Reflections and directions
    • Abstract: Gray, Thomas
      Succession law impacts the lives of all Australians. The transfer of property from one generation to the next is a rite of passage, and the making of a will is considered a 'social norm'.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - South Australian administrative law: 40 years on
    • Abstract: Bannister, Judith
      It is often instructive to pause and look back at a little history to understand how contemporary law functions. This special issue for volume 40, issue one of the Adelaide Law Review offers an excellent opportunity to do that for administrative law. The Adelaide Law Review was established in 1960, but it was not until the 1970s that administrative law featured within its pages. In 1977 Michael Harris, then Senior Lecturer in Law at the University of Adelaide, surveyed recent developments in South Australian administrative law in an article in volume 6. The 1970s was an important time for administrative law in Australia, and in 1977 the 'revolution' that came to be known as the 'new administrative law' was underway, at least at a Commonwealth level. The 1970s were also a decade of major social and legal change in South Australia, but with the exception of the appointment of the first Ombudsman, administrative law reform would be a much slower process in this State. Despite some early recommendations by the Law Reform Committee of South Australia, judicial review of administrative action in South Australia did not follow the codification project commenced by the Commonwealth. With some procedural modifications, South Australia has preserved its common law foundations. The State offers an interesting vantage point from which to observe the waxing and waning of the influence of statutory judicial review in other jurisdictions, the codification of grounds and the resurgence of jurisdictional error.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - Ordinary corporate vices and the failure of law
    • Abstract: Corcoran, Suzanne
      This paper had its beginning in an unpublished paper I gave more than 20 years ago. I was looking at the problem of corporate governance and expectation gaps. My particular focus was the difficulty, in the context of corporate governance principles, of legislating in such a way that ethical considerations would become part of the mainstream of corporate decision-making. The examples I used to illustrate the problem were drawn from the behaviour of Australian banks. One can ask, has the world changed at all'

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - Penal designs and corporate conduct: Test results from
           fault and sanctions in Australian cartel law
    • Abstract: Fisse, Brent
      Several papers in the 'Adelaide Law Review' in the 1970s, and much of my other research work in Adelaide and elsewhere, reflect the basic postulate that corporate criminal law and corporate civil penalties are unlikely to be effective unless they reflect the nature of corporate conduct. The present law in Australia, as in other jurisdictions, has yet to come fully to grips with that postulate. Many gaps remain to be surveyed, filled and built upon. The scope for further exploration, design, and construction is very large.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - The law, equality and inclusiveness in a culturally
           and linguistically diverse society
    • Abstract: Perry, Melissa
      Among the many contributions made to Australian legal scholarship of its first 39 volumes, the Adelaide Law Review has highlighted issues facing culturally diverse groups in the community in a series of important contributions analysing Indigenous Australians' experience of the legal system in relation to customary law1 and criminal justice, and in legal education.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - Youth justice and the age of criminal responsibility:
           Some reflections
    • Abstract: White, Margaret
      Twenty six years ago, in an article published in this journal, Christopher Darby concluded that the implementation of a 'justice' model for young offenders by enactment of the Young Offenders Act 1993 (SA) had done little to improve protections afforded under the previous 'welfare' based regime. Across Australia, at about that time, the perceived failures of the 'care' approach suggested that the justice model, ameliorated by special rules for children, would be more fit for purpose. Australia had ratified the 'United Nations Convention on the Rights of the Child' ('Convention') just a few years earlier in December 1990.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - Reflecting on the waters: Past and future challenges
           for the regulation of the Murray-Darling basin
    • Abstract: Webster, Adam
      The regulation of the waters of the Murray-Darling Basin has caused tension between New South Wales, South Australia and Victoria since before Federation. It is an issue that evokes strong emotions in South Australian politicians, 1 sometimes leading to threats of litigation to resolve these tensions.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - Regtech: A new frontier in legal scholarship
    • Abstract: Waye, Vicki
      Digital disruption is rolling across a succession of industries, and along the way transforming the social, economic and legal landscapes. The combination of big data, artificial intelligence, cloud computing and robotics is not only disrupting specific legal doctrines and practices, but is also beginning to impact the manner and process of engagement between regulators and the regulated. These changes are being driven as much by growing regulatory intensity and complexity and the escalating costs of regulatory compliance, as by the digital technologies themselves. One commentator has even suggested that we have reached a tipping point, where corporate compliance professionals may soon outnumber police officers, placing an unsustainable regulatory burden on participants in highly regulated sectors such as banking and finance.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 39 Issue 2 - Airbnb and residential tenancy law: Do 'home sharing'
           arrangements constitute a licence or a lease'
    • Abstract: Swannie, Bill
      In tenancy law, the distinction between a lease and a licence is fundamental. A lease confers an interest in land; it can be transferred, and confers rights enforceable against all the world. A licence, on the other hand, merely permits a person to enter onto land, or to do something in relation to it, without being sued. A licence can be withdrawn at any time, and it is not regulated by tenancy legislation or property law generally. Although the distinction is well established, characterising particular housing arrangements as involving either a lease or a licence can be problematic. At common law, the existence of a lease depends on whether exclusive possession was conferred on the occupier. Primarily, this involves examining the terms of the agreement between the parties. As leases can be created with little formality, a purely verbal agreement may give rise to a lease. On the other hand, a detailed written agreement may explicitly state that the arrangement is a licence and not a lease. A body of case law exists - in both Australia and the United Kingdom ("UK") - regarding the factors relevant to characterising an arrangement as either a licence or a lease. While these decisions state general principles, they also tend to focus on quite specific factual issues, and accordingly they are not easy to reconcile or apply.

      PubDate: Mon, 8 Apr 2019 12:26:18 GMT
       
  • Volume 39 Issue 2 - Dual citizenship and Australian parliamentary
           eligibility: A time for reflection or referendum'
    • Abstract: Morgan, James
      Recent events in Australia have laid bare a curious state of affairs in which, under the accepted interpretation of the 'Australian Constitution', foreign law is (in most cases) directly determinative of a given individual's eligibility to be elected and sit as a member of the Federal Parliament. Specifically, where the law of a foreign power dictates that an individual is a citizen of that foreign power, s 44(i) of the 'Australian Constitution' is engaged to disqualify that individual from being elected or sitting as a member of the Federal Parliament. Lack of knowledge is no defence against this disqualification. However, an individual will not be disqualified where they have taken all reasonable steps to renounce their foreign citizenship.

      PubDate: Mon, 8 Apr 2019 12:26:18 GMT
       
  • Volume 39 Issue 2 - Space law: A treatise
    • Abstract: Lisk, Joel
      It is easy to overlook the law when you can watch a rocket launch before your eyes. There is a significant quantity of international and domestic law applicable to outer space and a number of texts have emerged over the years that attempt to clarify the various obligations that follow these laws. Literature in the field is dominated by the initial works of reputable international law scholars such as Bin Cheng, Stephen Gorove, and Carl Q Christol. These texts are complemented by the early works of renowned experts such as Manfred Lachs4 that provide wide-ranging, early stage commentary on the status and content of space law, the implications for states, and the intentions of state parties as to how the law was to be formed.

      PubDate: Mon, 8 Apr 2019 12:26:18 GMT
       
  • Volume 39 Issue 2 - Family provision law, adult children and the age of
           entitlement
    • Abstract: Villios, Sylvia; Williams, Natalie
      This case raises some profound questions about the nature of family obligations, the relationship between family obligations and the state, and the relationship between the freedom of property owners to dispose of their property as they see fit and their duty to fulfil their family obligations.

      PubDate: Mon, 8 Apr 2019 12:26:18 GMT
       
  • Volume 39 Issue 2 - Soft law and public liability: Beyond the separation
           of powers'
    • Abstract: Weeks, Greg
      Soft law is a general term for various types of non-statutory regulation. The nature of soft law is inherently debatable in a way that the nature of law is not. Despite this fact, or perhaps because of it, only relatively few legal academics have written about soft law. The judiciary has also had little to say. Each of these points is understandable. It is far from surprising that judges have had little cause to consider soft law, because legal remedies do not apply perfectly to extra-legal modes of regulation. Academic consideration of soft law is dominated by writing on its application in international law, but in which its role, meaning and very existence are all still contested. It frequently focuses on the suitability of soft law to attracting political consensus in international relations where harder forms of regulation would likely have been resisted.5 Academic consideration of the operation of soft law in domestic legal systems is dominated by analysis of its regulatory functions. Far less attention is paid to what remedies might be appropriate where those subject to soft law regulation have suffered as a result of their reliance on it.

      PubDate: Mon, 8 Apr 2019 12:26:18 GMT
       
  • Volume 39 Issue 2 - Superannuation taxation reform: From the financial
           system inquiry report to legislative changes
    • Abstract: Hanegbi, Rami
      This article examines the round of legislative changes to superannuation taxation that came into effect on 1 July 2017. It traces this process, beginning with the comments and recommendations made by the Murray Financial System Inquiry (the 'Inquiry'). The Inquiry's findings were predominantly aimed at abating what it perceived to be the disproportionate flow of superannuation tax concessions towards wealthier members of the community. A substantial number of its recommendations were eventually implemented, but only after a change of leadership within the government. Many of these legislative changes increase equity by improving the targeting of superannuation tax concessions, and they do so without any apparent substantial loss in economic efficiency, though there is an increase of complexity in the application of the superannuation system. Other changes, mainly those concerned with broadening eligible superannuation income streams, enhance the ability of some retirees to benefit from a reliable income stream. The article concludes that this recent phase in superannuation changes is a positive step in the evolution of Australia's superannuation system.

      PubDate: Mon, 8 Apr 2019 12:26:18 GMT
       
  • Volume 39 Issue 2 - Proportionality and protest: 'Brown v Tasmania' (2017)
           261 CLR 328
    • Abstract: Duldig, Ingmar; Tran, Jasmyn
      The special case of 'Brown v Tasmania' required the High Court of Australia to consider the constitutional validity of the 'Workplaces (Protection from Protesters) Act 2014' (Tas) ('Protestors Act'), which enacted numerous anti-protesting provisions in relation to forestry land in Tasmania. The plaintiffs, Dr Bob Brown and Ms Jessica Hoyt, contended that numerous provisions impermissibly burdened the implied freedom of political communication, and were therefore invalid. The majority2 found all the impugned provisions invalid, whereas Gordon J partially dissented in finding only one provision invalid, and Edelman J fully dissented. The High Court was presented with an opportunity to clarify the relevant test for validity in implied freedom cases, particularly the relevance of structured proportionality testing as established in 'McCloy v New South Wales'. The case also presented the first opportunity in 20 years for the High Court to thoroughly examine how and in what contexts the implied freedom protects political communication that takes the form of protest. Conclusively, the test for validity remains the test established in 'Lange v Australian Broadcasting Corporation', as restated, with a slim majority affirming proportionality testing as a viable analytical tool. Justice Gageler and Justice Gordon voiced reservations and concerns about proportionality testing, thus diminishing the ability for 'Brown' to establish strong authority on the matter. Whether proportionality testing is suitable to the Australian constitutional system remains contested and is likely to be subject to continuous scrutiny. Meanwhile, the decision confirms that protest and physical assembly are protected by the implied freedom, although does not entirely explain when the freedom is enlivened.

      PubDate: Mon, 8 Apr 2019 12:26:18 GMT
       
  • Volume 39 Issue 2 - Dual citizens in the federal parliament: 'Re Canavan,
           Re Ludlam, Re Waters, Re Roberts [No 2], Re Joyce, Re Nash, Re Xenophon'
           (2017) 349 ALR 534
    • Abstract: Nikias, Kyriaco
      In mid-2017, it emerged that several Federal parliamentarians may have been ineligible to be elected on account of their dual citizenship status by operation of s 44(i) of the Constitution. In 'Re Canavan', the High Court, sitting as the Court of Disputed Returns, found five of them ineligible. This case note interrogates the Court's interpretation of s 44(i), and analyses the judgment with reference to its political context and its constitutional significance. It is argued that the Court has left unclear the question of how it will treat foreign law in respect of s 44(i), and that the problems which this case has highlighted might only be resolved by constitutional reform.

      PubDate: Mon, 8 Apr 2019 12:26:18 GMT
       
  • Volume 39 Issue 2 - The vulnerability of older Australians in bankruptcy:
           Insights from an empirical study
    • Abstract: Bromberg, Lev; Ramsay, Ian; Ali, Paul
      This article presents the results of the first empirical study focused on older Australians in bankruptcy. Our study - based on the examination of a large and unique dataset obtained by the authors from the bankruptcy regulator, the Australian Financial Security Authority, offers valuable insight into the severe financial challenges faced by many older Australians. Our analysis provides insights into the most significant causes of bankruptcy for older Australians as well as some possible explanations for their financial vulnerability. Our findings include that older Australians comprise an increasing proportion of those in bankruptcy and are far more likely to cite excessive credit as the cause of their bankruptcy compared to younger and middle-aged bankrupts. We also find that the key salient features of older Australians in bankruptcy are their very high credit-card debts, particularly in light of their low incomes and modest levels of assets. While older Australians tend to own real estate (such as their own home) and can be described as being 'asset-rich', we observe that only a very small proportion of older Australians in bankruptcy own real estate.

      PubDate: Mon, 8 Apr 2019 12:26:18 GMT
       
  • Volume 39 Issue 2 - Rethinking the reinstatement remedy in unfair
           dismissal law
    • Abstract: Shi, Elizabeth; Zhong, Freeman
      Reinstatement is said to be the primary remedy for unfair dismissal under the 'Fair Work Act 2009' (Cth). The Fair Work Commission is granted a broad discretion to determine whether to award reinstatement, but in the vast majority of cases it does not do so. This article considers the purpose of reinstatement by reference to the context and history of the unfair dismissal provisions, and argues that it is aimed at protecting the individual interests of the employees. This statutory context must be considered when the Fair Work Commission exercises its discretion in granting or refusing reinstatement. It is argued that the Fair Work Commission, in exercising its discretion, has overlooked some of this context and frustrated some of the purposes of the Act. This article makes some suggestions for reform of the law of reinstatement.

      PubDate: Mon, 8 Apr 2019 12:26:18 GMT
       
 
 
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