Stuhmcke, AG 2003, 'Human Reproductive Technology' in Halsburys Laws of Australia, Lexis Nexis, Sydney Australia, pp. 743-780.
Booth, T 2003, 'Altered Perceptions of Conflict in Homicide Matters: The Role of Victim-Offender Conferencing', Australian Dispute Resolution Journal, vol. 14, no. 4, pp. 290-298.
Dauvergne, C & Millbank, J 2003, 'Before the High Court: Applicants S396/2002 and S395/2002, a gay refugee couple from Bangladesh', Sydney Law Review, vol. 25, no. 1, pp. 97-124.
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Leave to appeal from a decision of the Full Federal Court in Kabir v Minister for Immigration and Multicultural Affairs - the case concerns a gay couple from Bangladesh seeking asylum and marks the first time that a final appellate court anywhere in the world will consider a refugee claim based on grounds of sexual orientation - High Court has played an important role in developing international refugee jurisprudence.
Dauvergne, C & Millbank, J 2003, 'Burdened by Proof: How the Australian Refugee Review Tribunal Has Failed Lesbian and Gay Asylum Seekers', Federal Law Review, vol. 31, no. 2, pp. 299-342.
Dauvergne, C & Millbank, J 2003, 'Burdened by Proof: How the Australian Refugee Review Tribunal has Failed Lesbian and Gay Asylum Seekers', Federal Law Review, vol. 31, no. 2, pp. 299-342.
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Our argument in this paper is that the evidentiary practices and procedures that have been developed by the Australian Refugee Review Tribunal are operating at a routinely low standard. Such practices contribute to decisions that are manifestly unfair and potentially wrong in law. A recent working paper from the Office of the United Nations High Commissioner for Refugees ('the UNHCR') notes that evidentiary questions have been 'largely ignored in the academic literature.' Our conclusions are drawn from our detailed study of more than 300 refugee tribunal decisions made in Canada and Australia in response to asylum claims brought by lesbians and gay men. Our overall frame of inquiry in this study considers how the respective tribunals grapple with the issue of identity, the complex cluster of dilemmas around the public/private divide, the inability of many decision-makers to imagine the 'other' who stands before them in these claims, and the way this area of law encodes and reflects homophobic stereotyping.
Dauvergne, C & Millbank, J 2003, 'Crusingforsex.com: An Empirical Critique of the Evidentiary Practices of the Australian Refugee Review Tribunal', Alternative Law Journal, vol. 28, no. 4, pp. 176-181.
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Millbank, J 2003, 'And then. . . The Brides Changed Nappies: Lesbian Mothers, Gay Fathers and the Legal Recognition of Our Relationships with the Children We Raise', SSRN Electronic Journal.
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Millbank, J 2003, 'From here to maternity: A review of the research on lesbian and gay families', AUSTRALIAN JOURNAL OF SOCIAL ISSUES, vol. 38, no. 4, pp. 541-600.
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This article presents a review of current British and American literature on the children of lesbians and gay men, and connects this literature with the small amount of information available on lesbian and gay families in Australia. The article outlines available demographic information about lesbian and gay family forms; provides an overview of the results of sociological and psychological research into the development and well being of children raised in lesbian and gay families; and reviews the implications of the research reviewed for both current and future legal and policy regulation of lesbian and gay families.
Millbank, J 2003, 'Gender, Sex and Visibility in Refugee Decisions on Sexual Orientation', Georgetown Immigration Law Journal, vol. 18, no. 1, pp. 71-110.
Millbank, J 2003, 'Gender, Visibility and Public Space in Refugee Decisions', Seattle Journal for Social Justice, vol. 1, no. 3, pp. 725-742.
Stuhmcke, AG 2003, 'Ombudsman and Legal Practice: Where to from Here?', International Legal Practitioner, vol. 28, no. 2, pp. 48-51.
Stuhmcke, AG 2003, 'Resolving Consumer Disputes', Australian Business Law Review, vol. 31, no. 1, pp. 48-53.
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Stuhmcke, AG 2003, 'The Commonwealth Ombudsman: Twenty Five Years on and no Longer Alone', AIAL Forum, vol. 36, pp. 54-63.
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The Commonwealth Ombudsman: Twenty Five Years on and no Longer Alone
Booth, T 1970, 'Language and Ritual of Sentencing in Homicide Cases: The INcreasing Visibility of family victims', Controlling Crime, Risks and Responsibilities: Australian and New Zealand Society of Criminology Conference, Sydney.
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Victim impact statements from family victims have become a regular feature of homicide trials in Australia. However the expressive and emotional aspects of these VISs have generated considerable debate regarding the judicial propriety of taking this evidence into account for the purposes of sentencing. This debate is reflected in the difference legislative and judicial responses of various Australian jurisdictions. This paper will argue that these differences are explicable as expressions of judicial politics reflecting the difficulties judges experience in coping with the impact of discourses surrounding victims of crime and concomitant pressures placed upon them by governments, media and the family victims themselves. More significant are the commonalities in the judgments regarding the reception of VISs and the increased awareness of family victims as reflected in the lnaguage and ritual of sentencing. These sentencing trends suggest an increasing humanisation of the process that arguably will deliver greater substantive justice to the family victim.
Lovric, J & Millbank, J NSW Law Reform Commission 2003, Darling, Please Sign This Form: A Report on the Practice of Third Party Guarantees in New South Wales, pp. 1-182, Sydney, Australia.
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Research Background This research examined 'third party guarantees', where another person - often a wife or family member - is asked to provide security for the debt of the borrower. Borrowers are frequently involved in running small businesses. The guarantor often receives no direct benefit from the loan and agrees to undertake it due to a relationship of emotional independence; moreover they may be given only incomplete information about the debt and the risks involved. 'Relationship debt' through this kind of contract involves a high risk of unfair dealing, and has generated considerable litigation. Research Contribution This research explored the experiences of the people who agree to guarantee the loans of others. Why do they sign on, how do they get into trouble in those transactions and what might have assisted them in avoiding such difficulties? Prior to this research the main source of information was judgments of cases that are litigated when things 'go wrong'. Yet litigated cases represent a very small percentage of disputed matters, the vast majority of which settle prior litigation. Reported cases also do not give any sense of transactions that are not disputed. Therefore, drawing information only from litigated cases was misleading policy-makers. This study explored the experiences and views of lenders, borrowers, guarantors, litigants and judges to provide a solid basis for legal reform. Research Significance This project was the first comprehensive Australian empirical research into the law and practices governing third party guarantees. It was funded through an ARC SPIRT (now linkage) grant and undertaken in partnership with the NSW Law Reform Commission. The findings were published as a research report and informed the Commission's final report and recommendations.
