Law Commons^™

Household Recycling Behaviour In Metropolitan Australia: A Social Practice Theory Perspective, Susann Noe

Theses

Australians generate almost 545kg of annual kerbside waste per capita, one of the highest amounts compared to other OECD countries (Blue Environment, 2022). Although kerbside systems in Australian metropolitan areas are well-developed and the recycling practice is considered a social norm, residents' inaccurate handling of recyclable items send as much as 35% of valuable recyclable materials to landfill, contributing to environmental harm (Cleanaway Waste Management Limited, 2021). Furthermore, newly established recycling schemes in Australian jurisdictions are not used to their full potential.

In the context of both issues, the current thesis aims to understand the underperforming nature of recycling practices …

Do The Safeguards In The Victorian Assisted-Dying Legislation Adequately Account For The Experiences Of Other Nations?, Heath Harley-Bellemore

Theses

In 2017 the Victorian State Parliament passed the Voluntary Assisted Dying Act 2017, making it the first Australian jurisdiction since 1996 to pass assisted dying legislation. The Victorian model was hailed by the Government of Victoria as the ‘safest and most conservative in the world’, and had the benefit of drawing on over 20 years of voluntary assisted dying experiences of other jurisdictions for its development. This thesis examines the experiences of other jurisdictions and how they informed the development of the Victorian model. It examines available data, reports, and criticisms of international experiences and applies them to the Victorian …

'Are We Doing The Right Thing?' Utilising Security Governance To Reform The Us Drone Program, Jane Minson

Theses

The use of unmanned aerial vehicles, or drones, for counterterrorism purposes by the United States within its targeted killing program has been deeply controversial. Used in each presidential administration since the terrorist attacks of September 11, 2001, drones have sparked debate, in part due to their contribution to civilian deaths; their killing of high-value terrorist targets including, on at least one occasion, a US citizen; and the heightened secrecy that has surrounded the program with little formal oversight and, as such, little accountability. This thesis uses this contextual framework – with a particular focus on the administration of President Barack …

Without Hindrance Or Fear Of Reprisals: The Attitudes And Experiences Of Doctors With A Conscientious Objection To Abortion In New South Wales And Victoria, Anna Walsh

Theses

This thesis explores the phenomena of conscience from the perspective of doctors with a conscientious objection to abortion. Its focus is a novel empirical study on the attitudes and experiences of 35 doctors who self-identify as having a conscientious objection to abortion and who practice in New South Wales and Victoria, Australia. Findings include the reasons for their objection and the types of actions they refuse to perform, whether and how the law has limited the free expression of their beliefs in the workplace, and what they would change to achieve a more reasonable accommodation of their conscientious objection in …

Self-Defence In New South Wales In Its Historical Context: A Simpler Test?, Mamdouh Elmaraazey

Theses

The right to use force in self-defence is recognised by law. The idea of self-defence in criminal law history can be traced back to medieval England’s daily life and ‘the peace’ that the king was trying to establish as his contribution to the good of English society as a whole. The Crown enacted several statutes during the medieval period to ensure that those responsible for homicides were convicted, but would occasionally pardon offenders when the jury qualified their guilty decisions with self-defence explanations. But because the king did not always grant a pardon, juries developed a reputation for handing down …

The Van Diemen's Land Commission 1826 To 1828 And The Doctrine Of Ultra Vires, Rosemary Conchita Lucadou-Wells

Theses

This Thesis examines the work of the Land Commissioners of Van Diemen’s Land during the years 1826 - 1828, in light of the doctrine of ultra vires and the underlying principle of the Rule of Law. Ultra vires occurs when those invested with power act beyond the parameters of their given powers, which can result in their actions being rendered unlawful. Ultra vires is a fundamental doctrine in law today. It has evolved over a long period of time and was received into the Australian legal system with colonisation. However, the historical origins, development and application of the ultra vires …

Procedural Fairness Requirements In Decision-Making: Legal Issues And Challenges For Government Secondary School Principals In New South Wales, Tryon Francis

Theses

The application of the rules of procedural fairness, which is an element of administrative law, is an area of law that has not been previously examined in the context of government (public) secondary school principals in New South Wales (‘NSW’). Using a basic qualitative case study design, this study sought to discover the processes that these principals undertook in applying the rules of procedural fairness when managing student discipline, special education and industrial relations. The study examined to what extent New South Wales government (public) secondary school principals were equipped to make decisions that are consistent with the administrative law …

The Construction Contracts Act 2004 (Wa): Statistical Analysis 2005-2018, Auke Steensma, Philip Evans

Law Papers and Journal Articles

Recommendations arising from security of payment reviews are primarily based upon submissions from industry stakeholders and professional organisations. The experience of the authors in the Report of the Operation and Effectiveness of the Construction Contracts Act 2004 (WA) (the CCA),3 was that a number of submissions were emotive, conjectural and unsupported by evidence. The focus on the research reported in this article was to consider the statistical data relative to the operation of the CCA from the information provided in the annual reports of the Building Commissioner from the commencement of the CCA in 2005 until the latest report in …

A Great Nation? The Changing Place Of Religion In Law And Society In Colonial And Contemporary Australia: Reflections On Douglas Murray In An Australian Context, Michael Quinlan

Law Papers and Journal Articles

This paper discusses the role of Christian theology in Australian law and society in the period after the arrival of the First Fleet and in contemporary Australia. It argues that Christian theology was foundational to the Australian colonies. Whilst the theology of Australia’s Christians has always been divided doctrinally, a shared knowledge and understanding of Christianity provided the vast majority of colonists with a common understanding of the world and a common language of discourse about it. This understanding was not shared by the indigenous peoples who had their own cultures, traditions, and understandings of the world and their own …

The Perils Of Privacy And Intelligence-Sharing Arrangements: The Australia–Israel Case Study, Daniel Baldino, Kate Grayson

Arts Papers and Journal Articles

The aim of this analysis is to explore the governance frameworks and associated privacy and interrelated risks that stem from bilateral security arrangements such as the Australia–Israel intelligence relationship. In an era of expanding globalisation of intelligence, targeted oversight advances that are adaptive to global trends may serve to mitigate the potential costs and downsides of transnational intelligence exchange while respecting the privacy, rights and liberties of citizens and ensuring that sovereignty, human rights standards and rule of law remain protected.

The Long Road To Uluru And Beyond, Fred Chaney, Greg Carne

The University of Notre Dame Australia Law Review

No abstract provided.

Rajab Suliman V Rasier Pacific Pty Ltd: Employee Or Independent Contractor?, Jacques Duvenhage

The University of Notre Dame Australia Law Review

No abstract provided.

Corporate And Canonical Governance: Understanding Church Property, Jane Power

The University of Notre Dame Australia Law Review

No abstract provided.

More Than Just Precedent: Perspectives On Judgment Writing, Katrina Banks-Smith

The University of Notre Dame Australia Law Review

No abstract provided.

Is Religion The Lost Diversity In Education In An Era Of ‘Militant Secularists’?, Charles Russo

The University of Notre Dame Australia Law Review

No abstract provided.

Environmental Degradation And The Legal Imperatives Of Improvement: Forest Policy In Western Australia From European Settlement To 1918, Guy Charlton, Ricardo Napper

The University of Notre Dame Australia Law Review

No abstract provided.

Acl Unfair Contract Terms And Standard Construction Contracts, Chinelle Van Der Westhuizen, Phillip Evans

The University of Notre Dame Australia Law Review

No abstract provided.

The Attribution Problem And Cyber Armed Attacks, Lorraine Finlay, Christian Payne

Law Papers and Journal Articles

In late 2018, the U.S. Secretary of Homeland Security suggested that “cyber-attacks now exceed the risk of physical attacks.” Yet the law has not kept pace with this reality. In particular, identifying who is responsible for a cyberattack makes it difficult to regulate this conduct. A state often cannot practically respond to a threat unless it knows from where the threat emanates and potentially who is responsible. Attribution of cyber conduct is critical from a legal perspective because the unlawful act must be attributable to another state for state responsibility to be engaged.

This essay provides an overview of this …

The Rule Of Law, Arbitrariness And Institutional Virtue, Anthony Keith Thompson

Law Papers and Journal Articles

This article summarises Professor Martin Krygier's work on the rule of law and his view that arbitrariness is its core and is under-theorised. From ancient philosophy, the author suggests that our rule of law settlement feels tentative because arbitrariness is a human characteristic that cannot be completely fixed with institutional checks and balances. The author observes that a variety of rule of law virtues are already expected of judicial decision-makers and suggests that these institutional virtues should be transferred into the administrative, executive and corporate decision-making space to advance the rule of law project.

Enforcing Conformity: Criminalising Religiously Inspired Acts, Michael Quinlan

Law Papers and Journal Articles

This article considers current and foreshadowed Australian exclusion zone laws against the religious freedom, freedom of expression and peaceful assembly protections in the International Covenant on Civil and Political Rights (ICCPR). Exclusion zone laws criminalise activities which occur within designated areas around facilities which terminate pregnancies. Proscribed activities include communication and encompass public prayer, the offer of counselling and protest (no matter how quiet, respectful or caring). To date those prosecuted under these laws have been Christians whose actions were non-violent and motivated by their religious faith. The article argues that there is insufficient evidence that such actions cause harm …

Litigation, Liberty, And Legitimation: The Experience Of The Church Of Scientology In Australian Law, Bernard Doherty, James T. Richardson

Law Papers and Journal Articles

Freedom of religion, the paradigm of freedom of conscience, is of the essence of a free society. The chief function in the law of a definition of religion is to mark out an area within which a person subject to the law is free to believe and to act in accordance with his belief without legal restraint.

The Conjecture From The Universality Of Objectivity In Jurisprudential Thought: The Universal Presence Of A ‘Reasonable Man’, Johnny Sakr

Theses

This thesis proposes that all legal systems use objective standards as an integral part of their conceptual foundation. To demonstrate this point, this thesis will show that Jewish law, ancient Athenian law, Roman law and canon law use an objective standard like English common law’s ‘reasonable person’ to judge human behaviour. It argues that the universal use of objective standards dictates that human reason, a capability possessed by all mentally complete human beings, holds that objective standards are an important tool in judicial reasoning.

To establish a just system of law, this thesis contends that objective standards should be used …

Burns V Corbett: What If The High Court Had Decided The Implied Freedom Of Political Communication Issue?, A. Keith K. Thompson

The University of Notre Dame Australia Law Review

Because the Commonwealth has never fulfilled its promise to domesticate the International Covenant on Civil and Political Rights 1966 (ICCPR), human rights in Australia remain an uncertain blend of federal and state anti-discrimination statutes, common law rights and constitutional implications. The litigation surrounding Tess Corbett’s media interview in Hamilton, Victoria when she was campaigning as a candidate in the 2013 federal election, highlights that uncertainty. Should her statements have been protected because the voters in Wannon, Victoria needed to know her views so as to vote in an informed way, or did New South Wales’ interest in stamping out the …

Religious Liberty In Australia: Some Suggestions And Proposals For Reframing Traditional Categorisations, Iain T. Benson

Law Papers and Journal Articles

No abstract is available for this article.

Missourian Efforts To Extradite Joseph Smith And The Ethics Of Governor Thomas Reynolds Of Missouri, A Keith Thompson

Law Papers and Journal Articles

This is the second of two articles discussing Missouri’s requisitions to extradite Joseph Smith to face criminal charges and the Prophet’s recourse to English habeas corpus practice to defend himself. In the first article, the author discussed the English nature of pre-Civil War habeas corpus practice in America and the anachronistic modern idea that the Nauvoo Municipal Court did not have jurisdiction to consider interstate habeas corpus matters. In this article, he analyzes the conduct of Governor Thomas Reynolds in the matter of Missouri’s requisitions for the extradition of Joseph Smith in light of 1840s legal ethics in America. That …

Christianity And The Law: Trial Separation Or Acrimonious Divorce?, Michael Quinlan

Law Papers and Journal Articles

This article considers the relationship between Christianity and the law in Australia beginning with the arrival of the First Fleet and the declaration of the Swan River Colony. It examines in some detail the influence of the Western legal tradition and of Christianity on the jurisprudence relating to one elemental aspect of Western society: marriage. It considers the make-up of contemporary Australia, contemporary attitudes to religion and the relationship between law and religion in Australia. The article concludes that the once close relationship between law and religion may be better described today not as a trial separation but as an …

The Habeas Corpus Protection Of Joseph Smith From Missouri Arrest Requisitions, A Keith Thompson

Law Papers and Journal Articles

This is the first of two articles discussing Missouri’s requisitions to extradite Joseph Smith to face criminal charges and the Prophet’s recourse to English habeas corpus practice to defend himself. In this article, the author presents research rejecting the suggestion that the habeas corpus powers of the Nauvoo City Council were irregular and explains why the idea that the Nauvoo Municipal Court lacked jurisdiction to consider interstate habeas corpus matters is anachronistic. In the second article, the author analyzes the conduct of Missouri Governor Thomas Reynolds in relation to the requisitions for Joseph Smith’s extradition. Even by the standards of …

Constitutionality Of Communication Prohibitions Around Abortion Clinics, Greg Walsh

Law Papers and Journal Articles

Laws prohibiting a range of conduct in the vicinity of a hospital, clinic or other premise that performs abortions have been enacted in Tasmania, Victoria, the Australian Capital Territory and the Northern Territory. One of the prohibitions involves preventing certain types of communication around premises that perform abortion. It is unclear whether this prohibition is consistent with the implied freedom of political communication. A central consideration in determining whether the prohibition is compatible with the implied freedom is the extent of the burden imposed on political communication. The prohibition may be unconstitutional as it places a substantial burden on political …

Do Consumers Need A ‘Bit’ More Protection Under Australian Consumer Laws? The Regulatory Risks And Challenges Of Bitcoin, Chinelle Van Der Westhuizen

Law Papers and Journal Articles

The creation of Bitcoin, as a digital currency, has been a significant development in the world of finance, in that it provides an alternative method of payment to consumers and businesses who use Bitcoin as a means to buy or sell goods or simply as an investment arrangement. The use of Bitcoin, as a decentralised peer-to-peer network, provides numerous benefits as a payment system, but at the same time, creates challenges for consumers due to its unregulated nature and volatile status. Therefore, when Bitcoin users enter into agreements with Initial Coin Offering (ICO) hosted companies and Bitcoin exchange platforms, the …

Where To From Here For The Catholic Church- Recommendations 94 And 95 Of The Redress And Civil Litigation Report, Jane Power

The University of Notre Dame Australia Law Review

The Royal Commission into Institutional Responses to Child Sexual Abuse handed down its Final Report in December 2017. In 2015 it presented its interim Redress and Civil Litigation Report which contained final recommendations in relation to reform in civil litigation. Recommendations 94 and 95 of the Redress and Civil Litigation Report both directly and indirectly address the lack of legal entity for the Catholic Church in Australia and the problems this causes litigants seeking legal recompense. This paper considers the current legal status of the Catholic Church in Australia in light of the Recommendations.