Publications

Goldring, J, Maher, L & McKeough, J 1987, Consumer Protection in Australia, third edition, Butterworths, Sydney Australia.

McKeough, J & Blakeney, M 1987, Industrial and Intellectual Property: Cases and Commentary, The Law Book Co.

Carney, T 1987, 'Assets Testing: Problems in Reconciling Economic, Welfare and Legal Perspectives When Defining Assets', Australian Journal of Social Issues, vol. 22, no. 3, pp. 498-515.
View/Download from: Publisher's site
View description>>

Australia's assets test on pensions is designed to advance a needs policy without trenching unduly on other values. This article explores the policy tension stemming from the different perspectives of economists, lawyers and welfare workers. It is contended that the policy balance is out of kilter, and that welfare objectives have been down‐graded. This is said to be due to an over‐reliance, in the framing and administration of the test, on manipulating the concepts and definitions coined by economists and lawyers. This is illustrated by reference to the overreach of the test in potentially impacting upon residents in nursing homes. The article argues that the remedy lies in placing greater reliance on the inclusion of discretions in the law (and their creative utilization). The hardship provisions of the present legislation are advanced as good examples of the potential which exists for this to be achieved, a potential which it is suggested the Department has only partially realised to date.

Greenleaf, G, Mowbray, A & Tyree, A 1987, 'Legal expert systems: Words, words words … ?', International Review of Law, Computers & Technology, vol. 3, no. 1, pp. 119-135.
View/Download from: Publisher's site

Kirkby, D 1987, '“The wage-earning woman and the state”: The national women's trade union league and protective labor legislation, 1903–1923', Labor History, vol. 28, no. 1, pp. 54-74.
View/Download from: Publisher's site

Greenleaf, G, Mowbray, A & Tyree, AL 1970, 'Expert systems in law: The datalex project', Proceedings of the first international conference on Artificial intelligence and law - ICAIL '87, the first international conference, ACM Press, pp. 9-17.
View/Download from: Publisher's site