Booth, T 2015, 'Victim Impact Statements, Sentencing and Contemporary Standards of Fairness in the Courtroom' in Wilson, D & Ross, S (eds), Crime, Victims and Policy International Contexts, Local Experiences, Palgrave Macmillan, UK, pp. 161-183.
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Crime, Victims and Policy brings together the work of leading international scholars to examine how the experience of victims of crime, and the formulation of policies and theory that impact upon them, are translated and experienced within ...
Gerber, P 2015, 'Surrogacy, Law and Human Rights' in Gerber, P & O'Byrne, K (eds), Surrogacy, Law and Human Rights, Routledge, England, pp. 65-80.
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This book examines the effect on domestic and international law, and on human rights law and theory, of the impact of the sharp increase in the use of surrogacy.
Horsey, K 2015, 'Revisiting the Regulation of Human Fertilisation and Embryology' in Horsey, K (ed), Revisiting the Regulation of Human Fertilisation and Embryology, Routledge, Oxon, pp. 185-199.
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This book critically evaluates the recent developments in human fertilisation legislation, asking whether the 2008 Act has achieved its stated aim of being fit for purpose.
Kelly, F & Millbank, J 2015, 'Framework and Principles for Decision Making in Childrens Matters' in Fehlberg, Millbank, Kaspiew & Kelly (eds), Australian Family Law The Contemporary Context, Oxford University Press Australia and New Zealand, Sydney, pp. 260-312.
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In this chapter, we examine the application of the legislative framework for the resolution of parenting disputes. In response to dissatisfaction among fathers about the amount of time they were able to spend with their children and strong support for shared parenting among other family law stakeholders, the new legislative framework introduced a presumption of equal shared parental responsibility (a broad term used to describe the ability to engage in major decision making ), which was linked within the legislation to shared parenting time (which involves children living across two households, though not necessarily for equal time). Though
Millbank, J 2015, 'The Legal Recognition of Family Relationships' in Fehlberg, B, Kaspiew, R, Millbank, J, Kelly, F & Behrens, J (eds), Australian Family Law The Contemporary Context, Oxford University Press, Sydney, pp. 73-128.
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In this chapter we examine the legal recognition of family relationships against a background of diversity in the way people identify and live as families in Australia. We begin by providing an overview of social science material on family diversity in Australia and then go on to examine the contest between approaches for guiding relationship recognition in law. We first look at legal recognition of adult relationships, in particular examining the operation of new provisions in the Family Law Act 1975 (Cth) (FLA), which extended the operation of the Act to cover de facto partner financial (that is, property and maintenance) disputes on relationship breakdown from 1 March 2009. This is followed by an examination of the rules recognising the legal relationship between adults and children, in particular when they are not genetically relatedsuch as in families formed through assisted conception utilising donor gametes or surrogacy or in instances of customary adoption.
Millbank, J, Fehlberg, B, Kaspiew, R & Kelly, F 2015, 'Specific Issues in Parenting Disputes' in Fehlberg, Millbank, Kaspiew & Kelly (eds), Australian Family Law The Contemporary Context, Oxford University Press Australia and New Zealand, Sydney, pp. 313-381.
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In this chapter we extend our discussion of the legal framework for the resolution of Family Law Act 1975 ( Cth) (FLA) parenting disputes by considering in greater detail several key issues that regularly arise. Our focus throughout is on how these issues are dealt with in the case law and how approaches have changed over time. We make reference to material establishing the broader policy and research context where this is available, and at various points reflect on how the broader themes of the book are demonstrated in approaches to these issues. We begin by considering recent case law (and court data) in order to provide insight into the circumstances in which the family law courts appear inclined or disinclined towards equal time and substantial and significant time outcomes (broadly, shared care). We then consider: the relevance of parents views regarding their childrens religious upbringing; the significance of a childs Aboriginal/Torres Strait Islander background in assessing what will be in their best interests; the particular issues that people who are seeking parenting orders, but who are not parents, may face in Part VII proceedings; the extent to which parental incapacity arising from mental illness shapes parenting outcomes; and cases that involve changing where the child will live (applications by a parent to relocate with the child, and cases involving international child abduction).
Stuhmcke, AG, Olliffe, B & Evers, M 2015, 'Resolution of Student Grievances Within Universities' in Varnham, S, Kamvounias, P & Squelch, J (eds), Higher Education and the Law, Federation Press, Leichhardt, pp. 114-124.
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This book is the first in Australia dedicated to the legal environment of our universities. The law both drives and governs the evolution of Australia’s strong and vibrant system of higher education. Here, experts explore a wide range of areas of topical and salient interest, providing a comprehensive resource for those both within and outside the sector, including managers, governors, academics, legal practitioners and all who have an interest in the impact of the law on its operations.While their primary function today remains the provision of higher education and research, Australia’s universities are now large commercial global corporations. Their operations involve the management of a diverse range of relationships, both internal and external, and the law plays a central role in these. Higher Education and the Law first considers the legal framework of the higher education sector and the relationships universities have externally, particularly with government – their governance, their funding and accountability, and their maintenance of high standards and quality. It then traverses many of the areas where the law has a significant impact on the relationships universities have with their students and their staff.In a clear and readable style, the book covers matters from anti-discrimination and equal opportunity, transparency and due process in decision-making, employment and student matters, to property rights such as copyright and ownership of intellectual property. It focuses on those issues of the most practical relevance to today’s higher education environment.
Millbank, J 2015, 'Responsive Regulation of Cross Border Assisted Reproduction', Journal of Law and Medicine, vol. 23, no. 3, pp. 346-364.
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My question in this paper is: how might Australian regulators constructively respond to the dynamic and complex challenges posed by cross border assisted reproduction? To begin I summarise the available international scholarship and outline what little we know about Australian cross border reproductive travel. Of the three generally proposed responses to CBRC: prohibition, harm minimisation and harmonisation, I summarily reject the first approach, and instead discuss a mixture of the latter two. The paper proposes the beginnings of an immediate policy response aimed not at stopping cross border practices per se, but rather at understanding and reducing the risks associated with them, as well as flagging the pursuit of more ambitious meta-goals such as developing more equitable and accessible treatment frameworks for ART and encouraging domestic self-sufficiency in reproduction.
Millbank, J 2015, 'Responsive regulation of cross-border assisted reproduction', JOURNAL OF LAW AND MEDICINE, vol. 23, no. 2, pp. 346-364.
Millbank, J 2015, 'Rethinking 'Commercial' Surrogacy in Australia', JOURNAL OF BIOETHICAL INQUIRY, vol. 12, no. 3, pp. 477-490.
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© 2014, Springer Science+Business Media Dordrecht. This article proposes reconsideration of laws prohibiting paid surrogacy in Australia in light of increasing transnational commercial surrogacy. The social science evidence base concerning domestic surrogacy in developed economies demonstrates that payment alone cannot be used to differentiate “good” surrogacy arrangements from “bad” ones. Compensated domestic surrogacy and the introduction of professional intermediaries and mechanisms such as advertising are proposed as a feasible harm-minimisation approach. I contend that Australia can learn from commercial surrogacy practices elsewhere, without replicating them.
Stuhmcke, A 2015, 'The regulation of commercial surrogacy: The wrong answers to the wrong questions.', J Law Med, vol. 23, no. 2, pp. 333-345.
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The criminal ban on commercial surrogacy across Australian jurisdictions is the result of the conflation and confusion of two flawed assumptions. The first being that the criminalisation of commercial surrogacy will discourage a surrogacy 'industry' and the second that commercial surrogacy and altruistic surrogacy are two distinguishable 'types' of surrogacy arrangements. This article argues that the criminalisation of commercial surrogacy has resulted in unforeseen and undesirable consequences, removing opportunity for evidence-based law reform. Moreover, analysis of both the approach of Australian courts and the operation of surrogacy legislation suggests that the binary regulatory approach which distinguishes 'commercial' from 'altruistic' surrogacy is a legal fiction. In summary, this article argues that the current Australian regulation of surrogacy is both blunt and ineffectual, surrogacy is a nuanced and complex practice which requires a regulatory response which is principled, holistic and evidence based.
Stuhmcke, A, Booth, T & Wangmann, JM 2015, 'The Illusory Dichotomy of Plagiarism', Assessment and Evaluation in Higher Education, vol. 41, no. 7, pp. 982-995.
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© 2015 Taylor & Francis. Plagiarism has been characterised as a ‘major problem’ for universities. While tensions between students and universities are inevitable, the problem with the existing system of plagiarism management and prevention is that it operates to problematise the relationship between the university and the student, rather than address the core academic issues. As a result, a dichotomy is created where the student interest is constructed as adverse to that of the institution. This article argues that de-dichotomisation of the current polarity of plagiarism will open space for alternative thoughtful considerations in dealing with plagiarism positively in an institutional context.
Stuhmcke, AG 2015, 'Learning Plagiarism: Law Students Really Must be Special', Journal of the Australasian Law Teachers Association, vol. 8, no. No 1 & 2, pp. 75-94.
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In an earlier volume of this journal I expressed distaste for the growing prevalence of legal educators using rules of citation style to assist in determining whether and when a law student has plagiarised. More particularly, I framed this discussion in terms of a negative view of theover-use of style guides such as the AGLC, warning of the dangers of promoting citation style over an appreciation of academic integrity and good referencing. Rather, I opined the benefit of promoting a desire in law students to see themselves as part of a discipline of law and themotivation to see their work as contributing to the growth of that discipline. Here, in this second piece, I will begin from where the first article left off. I will explore the construction of the ‘discipline of law’ as it pertains to legal referencing and citation. I note inconsistencies inlegal citation rules and identify that there is no such construct as a ‘discipline of law’ when it comes to legal referencing and citation (indeed we, as legal educators, are often remiss in notpassing this fact on to our law students). I consequently argue that overemphasis on citation style by legal educators undermines our desire to produce well-rounded and ‘practice ready’ law graduates.
