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Articles 1 - 30 of 35
Full-Text Articles in Law
The Long Road To Uluru And Beyond, Fred Chaney, Greg Carne
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
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
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
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
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
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
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.
Burns V Corbett: What If The High Court Had Decided The Implied Freedom Of Political Communication Issue?, A. Keith K. Thompson
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 …
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.
The Media’S Failure To Report On Religious Voices In The Public Square The Euthanasia Debate As A Test Case, Margaret Somerville
The Media’S Failure To Report On Religious Voices In The Public Square The Euthanasia Debate As A Test Case, Margaret Somerville
The University of Notre Dame Australia Law Review
No abstract provided.
The Tragedy Of Lutheran Jurisprudence, Augusto Zimmermann
The Tragedy Of Lutheran Jurisprudence, Augusto Zimmermann
The University of Notre Dame Australia Law Review
The teachings of Martin Luther (1483–1546) launched the Protestant Reformation in the 16th century. Luther believed in a discontinuity between God and humans that makes it impossible to provide an account of morality by reference to natural law. Rather, Lutheran jurisprudence rejects natural-law theory and it largely remains in the shadows of narrow legal positivism. According to Lutheran jurisprudence, lawfully promulgated decrees are laws even if they are completely arbitrary in their purpose and effect. Luther derived his doctrine on civil government exclusively from Chapter 13 of St Paul’s Epistle to the Romans. He saw in this passage no legitimate …
Mental Injury And Reasonable Administrative Action Green And Comcare -- Case Note, Philip Evans
Mental Injury And Reasonable Administrative Action Green And Comcare -- Case Note, Philip Evans
The University of Notre Dame Australia Law Review
No abstract provided.
Judicial Appointments In The United States And Australia -- A Comparison, Murray Tobias Qc
Judicial Appointments In The United States And Australia -- A Comparison, Murray Tobias Qc
The University of Notre Dame Australia Law Review
No abstract provided.
Samsung C&T Corporation V Duro Felguera Australia Pty Ltd: Hybrid Claims Under The Construction Contracts Act 2004 (Wa), Sean Foy
The University of Notre Dame Australia Law Review
No abstract provided.
The Interest Is Not Mutual: Effect Of The Personal Property Securities Act 2009 (Cth) On Contractual Rights Of Set-Off, Caroline Woo
The Interest Is Not Mutual: Effect Of The Personal Property Securities Act 2009 (Cth) On Contractual Rights Of Set-Off, Caroline Woo
The University of Notre Dame Australia Law Review
In Hamersley Iron Pty Ltd v Forge Group Power Pty Ltd (In Liquidation) (Receivers and Managers Appointed), the Supreme Court of Western Australia held that the rights of ANZ, a secured creditor of Forge Group Power Pty Ltd (Forge) holding a security interest under the Personal Property Securities Act 2009 (Cth) (PPSA), trumped Hamersley Iron Pty Ltd’s rights of contractual and equitable set-off. Forge is in receivership and in liquidation. In answering the preliminary issues in dispute between the parties, the Supreme Court examined the complex interaction between contractual and equitable rights, the PPSA and section 553C of the Corporations …
Do Judges Make Law?, Michael L. Barker
Do Judges Make Law?, Michael L. Barker
The University of Notre Dame Australia Law Review
No abstract provided.
‘Airbnb’ In Western Australia: New Issues For Policy Makers Arising From A ‘Disruptive Innovatation', Bertus De Villiers
‘Airbnb’ In Western Australia: New Issues For Policy Makers Arising From A ‘Disruptive Innovatation', Bertus De Villiers
The University of Notre Dame Australia Law Review
The short terms rental market, colloquially referred to as ‘Airbnb’ accommodation, has proliferated the Australian (and international) accommodation market. The number of rooms being made available per nights in Australia via sort term rental websites runs into the hundreds of thousands. Policy makers have generally been slow to respond to this ‘disruptive innovation’. It is particularly in strata title schemes where the legality of short term rentals is being tested. In this article consideration is given to a recent judgement of the Supreme Court of Appeal in Western Australia to uphold a decision of the State Administrative Tribunal whereby a …
North Korea And The Madonna Of Czestochowa, Michael Donald Kirby The Honourable
North Korea And The Madonna Of Czestochowa, Michael Donald Kirby The Honourable
The University of Notre Dame Australia Law Review
No abstract provided.
Rus V Comcare: The Rules Of Evidence In The Aat, Nicholas Cardaci
Rus V Comcare: The Rules Of Evidence In The Aat, Nicholas Cardaci
The University of Notre Dame Australia Law Review
The Rus v Comcare cases arise from a claim for compensation by the widowed Ms Rus. The cases saw a highly contentious piece of evidence tendered. This evidence was hearsay of a lay opinion that answered the ultimate issue. The evidence was considered by the Administrative Appeals Tribunal (‘AAT’) and the Federal Court of Australia (‘Court’). These considerations demonstrate the uncertainty of how the rules of evidence are applicable in tribunals. Specifically, the cases raise applicability of the rules against opinion and hearsay evidence. Further, the relevance of delay and the parol evidence rule to these cases is raised. The …
Reflections On Liability Of Air Carriers For Delay, Vernon Nase
Reflections On Liability Of Air Carriers For Delay, Vernon Nase
The University of Notre Dame Australia Law Review
This paper provides an analysis of both international and Australian law on the liability of air carriers and compensation for delay. It discusses the need for States to develop standard regulatory responses to delay in international carriage. It uses the EC Regulation and the New Zealand legislation as models for developing clearer legal principles and ensuring appropriate compensation for passengers affected by delay. It concludes that domestic regulation and guidance regarding delay and overbooking of flights is required to ensure appropriate liability of air carriers and clarity for passengers.
Constitutional Conflict And The Development Of Canadian Aboriginal Law, Guy Charlton, Xiang Gao
Constitutional Conflict And The Development Of Canadian Aboriginal Law, Guy Charlton, Xiang Gao
The University of Notre Dame Australia Law Review
This paper argues that aboriginal rights in Canada have been greatly affected by 19 th century governmental and social conflicts within the Canadian colonial state. These conflicts, largely over the ownership of land and regulatory authority between the federal government and the provinces necessarily impacted the First Nations on the ground while affecting how their legal claims were recognized and implemented. In particular they impacted the legal efficacy of treaty rights, the scope of rights recognised by the courts and an expansive legally protected notion of indigenous sovereignty. As a result, the rights now protected under sec. 25 and 35 …
Case Note: Jacobs V Save Beeliar Wetlands (Inc), Phillip Paul
Case Note: Jacobs V Save Beeliar Wetlands (Inc), Phillip Paul
The University of Notre Dame Australia Law Review
No abstract provided.
Book Review - Promoting Law Student And Lawyer Well-Being In Australia And Beyond, Magdalene D'Sliva
Book Review - Promoting Law Student And Lawyer Well-Being In Australia And Beyond, Magdalene D'Sliva
The University of Notre Dame Australia Law Review
No abstract provided.
‘All About That Bass’ And Photoshopping A Model’S Waist: Introducing Body Image Law, Marilyn Bromberg, Cindy Halliwell
‘All About That Bass’ And Photoshopping A Model’S Waist: Introducing Body Image Law, Marilyn Bromberg, Cindy Halliwell
The University of Notre Dame Australia Law Review
When women see images of extremely thin women, their body image may suffer as a result. Their poor body image can develop into an eating disorder. A handful of governments took action to try to stop models who have BMIs below a specific number from working and/or require a warning on photoshopped images (that modify models to make them appear thinner). The Authors of this article (“Authors”) created a term to apply to this newly developing area of law: Body Image Law. The Authors argue that there are some areas in which the actions that governments took in Body Image …
Marriage, Tradition, Multiculturalism And The Accommodation Of Difference In Australia, Michael Quinlan
Marriage, Tradition, Multiculturalism And The Accommodation Of Difference In Australia, Michael Quinlan
The University of Notre Dame Australia Law Review
This paper examines marriage in multicultural and multi-faith Australia. It considers the history of, and reasons for, State recognition of marriage in Australia between one man and one woman entered into voluntarily for life. It argues that the tradition in Australia since European settlement has been for the State to only recognize this traditional form of marriage as marriage. The paper considers the meaning of equality and discrimination and argues that for those concepts to have meaning in the context of marriage it is first necessary to have a clear understanding of why the State does and should continue to …
Statutory Review Of The Construction Contracts Act 2004 (Wa), Phillip Evans
Statutory Review Of The Construction Contracts Act 2004 (Wa), Phillip Evans
The University of Notre Dame Australia Law Review
The Construction Contracts Act 2004 provides for security of payment in the construction industry through the use of rapid adjudication processes to determine payment disputes. It further prohibits or modifies certain “unfair” provisions in construction contracts and implies provisions in construction contracts about certain matters if there are no written provisions about these matters in the contract. In 2015 the Minster for Commerce commissioned a review of the Act to determine whether iy is meeting the needs of industry and whether amendment was required. This paper provides a background to the construction industry in Western Australia and the essential provisions …
Participatory Democracy In Eu And Australia International Investment Law Policy Processes, James Day
Participatory Democracy In Eu And Australia International Investment Law Policy Processes, James Day
The University of Notre Dame Australia Law Review
This paper turns to the popular field of international investment law, but rather than assessing the consequences of the various bilateral and free trade agreements that dominate this area, it looks at how these agreements are made. Particularly, in an area that is perceived as wanting in legitimacy, it analyses the structures that are involved in making these agreements and assesses them against principles of participatory democracy. Using three participatory sub-principles of openness, inclusiveness and responsiveness as benchmarks, it comments on just how involved the people of the EU and Australia are in making their respective international investment law policies. …
Extraterritorial Application And Customary Norm Assessment Of Non-Refoulement: The Legality Of Australia's 'Turn-Back' Policy, James Mansfield
Extraterritorial Application And Customary Norm Assessment Of Non-Refoulement: The Legality Of Australia's 'Turn-Back' Policy, James Mansfield
The University of Notre Dame Australia Law Review
This article considers whether the Commonwealth Government’s border protection policy of turning back asylum seeker boats breaches its international obligation not to refoule refugees, as imposed under the Refugee Convention art 33(1). In addressing this issue the article examines whether art 33(1) applies extraterritorially, and whether a similar obligation has become embedded in customary international law. The conclusions reached are applied to specific situations where Australia has returned refugees.
Judicial Activism And Arbitrary Control: A Critical Analysis Of Obergefell V Hodges 556 Us (2015) - The Us Supreme Court Same-Sex Marriage Case, Augusto Zimmermann
Judicial Activism And Arbitrary Control: A Critical Analysis Of Obergefell V Hodges 556 Us (2015) - The Us Supreme Court Same-Sex Marriage Case, Augusto Zimmermann
The University of Notre Dame Australia Law Review
This article critically analyses the recent US Supreme Court decision in Obergefell v Hodges, the samesex marriage case. The court in Obergefell put a stop to the democratic process by removing an important issue from the realm of democratic deliberation. These unelected judges held that their nation’s federal constitution should ‘evolve’ in a way that is supported by neither the document’s language, nor its history or authority. In short, they have imposed their worldview on the people at the expense of federalism and the democratic process. This is why Justice Alito was so correct to state that such an exercise …
Internal Policing Of The Enduring Issue Of Racism In Professional Team Sports, Chris Davies, Neil Dunbar
Internal Policing Of The Enduring Issue Of Racism In Professional Team Sports, Chris Davies, Neil Dunbar
The University of Notre Dame Australia Law Review
The issue of racism is one that is covered by both international treaties and domestic legislation. Most major sports, however, now have internal regulations, usually reflecting the treaties and legislation. Case studies from Australian, English and European sport, in particular, football, basketball, cricket and rugby league, indicate that the internal regulations have been effective in dealing with racism issues in those sports. The issues have involved players, managers, coaches, owners, officials and spectators, with the latter representing the main problem area for sport. The reasons for this are that it can be harder to identify the culprits and there is …