Law Commons^™

Law, Religion And Violence: A Human Rights-Based Response To Punishment (By State And Non-State Actors) Of Apostasy, Ben Clarke

Law Papers and Journal Articles

This article examines Islamic law on the punishment of apostasy and its use and abuse by state and non-state actors to justify the taking of human life. It highlights the traditional view of Muslim jurists that apostates must be killed. This approach is contrasted with the growing body of juristic opinion that holds that neither the Qur’an nor authoritative hadith requires apostates to be executed. This debate has assumed greater importance since al-Qaeda and similar groups have sought to justify acts of violence on the grounds that they are engaged in lawful jihad against apostates, apostate governments and collaborators. The …

Innovative Building Materials And Sick Building Syndrome: Liabilities Of Manufacturers And Importers Of Defective Materials, Philip Evans

Law Papers and Journal Articles

The influence on indoor air quality of volatile organic compounds contained in a wide range of building materials has been known for some time. However in order to reduce materials costs and construction times, builders are increasingly using alternative innovative construction materials which may contain hazardous compounds.

This paper firstly considers the use and composition of innovative materials and discusses the legal issues arising from Sick Building Syndrome with particular emphasis on Part VA of the Trade Practices Act 1974 (Cth) which creates a statutory right to damages in the event that goods are defective and injury or damage is …

The Globalisation Of Human Rights Law, The Hon David K. Malcolm

Law Papers and Journal Articles

Australia has ratified multiple international human rights instruments. However, in comparison to other common law jurisdictions, Australia is 'behind the times'. The fact is that Australia has not adopted a Bill of Rights and its human rights legislation is ad hoc The legal protection that different human rights receive in Australia is contradictory. The question of whether Australia should adopt a Bill of Rights and, if so, in what form and with what content is essentially political. Nonetheless, the answer to the question needs to be informed by a greater awareness of the role and function of human rights in …

Great Expectations: Inheritance, Equity And The Family Farm, Robyn Honey, Michelle Evans

Law Papers and Journal Articles

This article alerts farmers and those who advise them of the need for caution when making arrangements or agreements with family members regarding the future ownership and succession of the family farm. Such arrangements are frequently oral and informal. Promises are made and revised, and often unspoken ‘understandings’ are arrived at. This lack of legal formality gives rise to a propensity for matters to go badly and bitterly ‘wrong’. Furthermore, the article draws attention to the fact that, even where formal arrangements are made, they are vulnerable to challenge and the nature of the legal and equitable doctrines applicable in …

Freedom Of Speech And Criticism Of Religion: What Are The Limits?, Ben Clarke

Law Papers and Journal Articles

This paper examines the challenges that confront the international community in seeking to harmonize fundamentally different world views. It explores antimonies that arise when freedom of expression and freedom of religion collide. A number of relevant controversies are noted. These include those surrounding: Salman Rushdie’s book The Satanic Verses; the Danish cartoons; the Dutch film Submission Part I; and the banning of head scarves in public institutions in some European States (5) but not others. (6) An expansive literature on these topics has already emerged. (7) Simultaneously, a number of ‘atheist manifestos’ have been published. Many of these books directly …

Censorship And Morality In Cyberspace: Regulating The Gender-Based Harms Of Pornography Online, Michelle Evans

Law Papers and Journal Articles

This paper is the second of a two part paper. Part one, 'What's Morality got to do with it?: The Gender-based harms of Pornography', published in the previous volume of this journal, argued that Australia's approach to regulating pornography, namely censorship, fails to specifically address the gender-based harms caused by the production and distribution of pornography. Part one argued that the preferable approach, which specifically addresses these gender-based harms, is the sex equality approach to regulation, first formulated by American feminists Catharine A MacKinnon and Andrea Dworkin in the form of a civil rights ordinance. The ordinance allows persons harmed …

Spoiled Holidays: Damages For Disappointment Or Distress, Philip J. Evans

Law Papers and Journal Articles

Generally damages for disappointment or distress following a breach of contract will not be awarded to the innocent party under common law. However where the object of the contract is to provide relaxation or enjoyment, for example, an ocean cruise or a package holiday, damages may be recoverable for disappointment or distress. Damages of this type may also be awarded where there is a breach of the consumer protection provisions of the Trade Practices Act 1974 (Cth).

This paper discusses a number of ‘spoiled’ holiday cases where damages were awarded for disappointment or distress. The liability of travel service providers …

Primary Boycotts And Medical Services, Philip J. Evans

Law Papers and Journal Articles

The Trade Practices Act 1974 (Cth) (the TPA), prohibits the making of, or the giving effect to, contracts, agreements or understandings between competitors which purport to prevent the supply of goods or services to persons. These arrangements are known as exclusionary provisions or primary boycotts.

This article discusses the role of the Australian Competition and Consumer Commission (ACCC) in enforcing the prohibition of the making of exclusionary provisions and the application of the relevant legal principles. An understanding of these principles is important to all those involved in allied health professions.

The article further discusses two recent examples where medical …