Law Commons^™

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.

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 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

The University of Notre Dame Australia Law Review

No abstract provided.

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.

Deficiencies In Australia’S Current Merger Regime: The Call To Combat Creeping Acquisitions, Ashleigh Cavagnino

Theses

The Australian Competition and Consumer Commission (ACCC) does not have adequate tools to prevent creeping acquisitions under the Competition and Consumer Act 2010 (Cth) (CCA).

Section 50 of the CCA prohibits a corporation from acquiring shares or assets if the acquisition would have the effect, or be likely to have the effect, of substantially lessening competition in any market. The expression ‘creeping acquisitions’ refers to a number of small individual mergers or acquisitions that, when considered in isolation, do not have a sufficient impact on competition to breach s 50, but when considered together, have a cumulative effect of substantially …

Paid Parental Leave: An Investigation And Analysis Of Australian Paid Parental Leave Frameworks With Reference To Selected European Oecd Countries, Greg Lynn

Theses

xiii ABSTRACT In 2010, the Australian federal government introduced a national scheme of taxpayer-funded paid parental leave. This legislation was introduced only after much political debate and came after more than 100 years of reform to Australian industrial law to make employment laws work better for employees with families. These reforms occurred on the back of a long history of relatively slow female legal emancipation in Australia and the concept of employment rights for women having children is a relatively new legal concept. Australian employment law has traditionally been conceptualised in terms of the paradigm of ‘the male breadwinner,’ supported …

Religious Free Speech And Anti-Discrimination Laws In Australia, Isabel Rocha De Sousa

Theses

This thesis addresses the delicate relationship between Religious Free Speech and Australian Anti-discrimination laws. There are an increasing number of conflicts arising between religious and secular speech. Different opinions related to sensitive matters often result in social and legal disputes. Some of these disputes become complaints under Anti-discrimination laws and arguably lead to less freedom of conscience and speech.

This thesis focuses on ‘the relationship between Religious Free Speech and Anti-discrimination laws’. This is done though critical analysis of relevant literature, cases and legislation, contextualising them in response to the questions proposed in the research paper.