Publications

Ergas, H, McKeough, J & Stonier, S 2000, Review of Intellectual Property Legislation Under the Competition Principles Agreement, IP Australia.

Mowbray, AS 2000, 'Scalability of web resources for Law: Austlii's technical road map: past, present and future' in Patrick Keyzer (ed), Law on the internet, Halstead Press, Rushcutters Bay Australia, pp. 178-197.

Opeskin, B 2000, 'Cross-vesting of Jurisdiction and the Federal Judicial System' in Opeskin, B & Wheeler, F (eds), The Australian Federal Judicial System, Melbourne University Press, Melbourne, pp. 299-334.

Opeskin, B 2000, 'Cross-vesting: A Valediction Forbidding Mourning' in Williams, G & Stone, A (eds), The High Court at the Crossroads: Essays in Constitutional Law, Federation Press, pp. 216-223.

Paine, T 2000, 'Workers Compensation, Ch 26.5' in The Laws of Australia, Labour Law.

Allen, R, Greenleaf, G, Chung, P, Austin, D & Mowbray, A 2000, 'With a Wysh and a Prayer: An Experiment in Cooperative Development of Legal Knowledge Bases', Proceedings of the International Conference on Artificial Intelligence and Law, pp. 130-131.
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An ongoing experiment in collaborative construction of legal knowledgebases over the WWW is described. The work involves the development and implementation of different architectures for collaboration in knowledgebase development, and testing these architectures on a group of about 20 university law students studying computerization of law.

Austin, DK, Mowbray, AS & Chung, PT 2000, 'Scalability of Web Resources for Law: AustLII's Technical Road Map: Present and Future', The Journal of Information, Law and Technology (JILT), vol. 1, no. 0, pp. 0-0.

Booth, T 2000, 'The dead victim, the family victim and victim impact statements in New South Wales', Current Issues in Criminal Justice, vol. 11, no. 3, pp. 292-307.

Carney, T 2000, 'New Configurations of Justice and Services for the Vulnerable: Panacea or Panegyric?', Australian & New Zealand Journal of Criminology, vol. 33, no. 3, pp. 318-340.
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Accessible justice (tribunals), integrated justice (drug courts), community justice (sentencing circles or “conferencing”), group justice (ulysses agreements), and contractual justice (private “settlements”) are new ways of tackling old problems; often ones involving vulnerable groups. Vulnerable groups pose particular challenges about whether the state should intervene, in what ways, and whether through the legal, medical, or welfare systems. New programs, with new objectives and new sectoral boundaries, necessarily raise new questions. Questions about ethical foundations. Questions about implications for “citizenship”, or for the rule of law, or for distributional equity. And questions about program “effectiveness”. This paper identifies common themes and patterns in the reforms, including “active” rather than passive adjudication, judicial commitment to realisation of identified goals, intersectoral collaboration, community in-put or control, and use of privatised “contractualist” metaphors. It considers the extent to which this reflects globalisation (harmonisation with civil law experience), or is emblematic of “postmodernism” (better attuning programs to diversity and fluidity), or other theoretical positions (such as contractualism and republican citizenship). It is argued that these experiments should be cautiously welcomed, subject to rigorous assessment of their merits, since their over-enthusiastic adoption risks breaches of fundamental ethical, civil citizenship, or medico-legal precepts, and may allow theory to outstrip its evidentiary base.

Chung, PT, Austin, DK & Mowbray, AS 2000, 'A Defence of Plain HTML for Law: AustLII's Approach to Standards', Journal of Information Law and Technology, vol. 2000, no. 1.

Chung, PT, Austin, DK & Mowbray, AS 2000, 'A defence of plain HTML for Law: AustLii's Approach to Standards', The Journal of Information, Law and Technology (JILT), vol. 1, no. 1, pp. 0-0.
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With its public access objective, AustLII is very concerned with accessibility and usability issues. Web technologies such as the use of frames, portable document format (PDF) files, and images are discussed based on AustLII's notions of accessibility and usability. Some considerations are also made in relation to general web standards as well as legal specific standards.

Cunneen, C & Libesman, T 2000, 'An apology for expressing regret?', MEANJIN, vol. 59, no. 1, pp. 145-154.

Cunneen, C & Libesman, T 2000, 'Postcolonial trauma: The contemporary removal of indigenous children and young people from their families in Australia', AUSTRALIAN JOURNAL OF SOCIAL ISSUES, vol. 35, no. 2, pp. 99-115.
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The removal of Indigenous children from their families within contemporary Australia is considered by way of both child protection and juvenile justice interventions and within the context of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from their Families. In particular, the article considers the findings and recommendations of the Inquiry in relation to contemporary removals and Government responses to those recommendations.

Dorsett, S & Godden, L 2000, 'The interaction of planning law and native title', Environmental and Planning Law Journal, vol. 17, no. 5, pp. 374-382.
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Native title, together with a broader recognition of indigenous rights, has in many arenas already reshaped the context in which people and communities relate to their environment, and has the same potential to instigate a fundamental shift in the conception of the planning function. This article argues that the infusion of environmental concerns and native title impacts should not be seen as separate and distinct 'waves' impinging upon planning, rather it is imperative to understand both as integrally involved in a more fundamental shift, away from an emphasis upon the ordering of physical space based on the goals of economic efficiency and general utility, toward a more holistic understanding of how people interact with the complex surroundings we now denote as 'the environment'. The article examines the interaction between the Queensland Integrated Planning Act 1997 and the Commonwealth Native Title Act 1993 as a case study, that is part of a more widely based examination of the interaction of the planning process with native title. In particular, the article considers whether the preparation and adoption of a planning scheme constitutes a future act with respect to the future Acts regime of the Native Title Act.

Dorsett, SG 2000, 'In the Box: Native Title as Cultural Regulation', Media and Culture Review, vol. 3, p. 3.

Goldblatt, BA 2000, 'Amod v Multilateral Motor Vehicle Accidents Fund (Commission for Gender Equality Intervening)', South African Journal on Human Rights, vol. 16, no. 1, pp. 138-138.

Goldblatt, BA & Mills, S 2000, 'Reviewing the Road Accidents Fund- a gender-sensitive perspective', De Rebus, vol. 30, no. 6.

Greenleaf, GW, Austin, DK, Chung, PT & Mowbray, AS 2000, 'Solving the Problems of Finding Law on the Web: World Law and DIAL', Journal of Information Law and Technology, vol. 2000, no. 1.

Greenleaf, GW, Austin, DK, Chung, PT, Matthews, J, Davis, MJ & Mowbray, AS 2000, 'Solving the problem of finding law on the web: World Law and DIAL', The Journal of Information, Law and Technology (JILT), vol. 1, no. 0, pp. 0-0.

Hawes, C 2000, 'Meaning beyond Words: Games and Poems in the Northern Song', Harvard Journal of Asiatic Studies, vol. 60, no. 2, pp. 355-355.
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Hitchens, LP 2000, 'Directorships - How Many is Too Many?', Company Financial and Insolvency Law Review, vol. 3, pp. 359-369.

Karpin, IA 2000, 'The Genetic Connection - Owning our Genetic Heritage', Journal of Law and Medicine, vol. 7.

Lenta, P 2000, 'Transitional justice and the Truth and Reconciliation Commission', Theoria, vol. 47, pp. 52-73.

McCann, S, Greenleaf, GW, Chung, PT, Moore, TS & Austin, DK 2000, 'Reconciliation Online: Reflections and Possibilities', UTS Law Review, vol. 2, pp. 139-152.

Munton, J 2000, 'Individual contracting and collective bargaining in the balance', Australian Journal of Labour Law, vol. 13, pp. 92-98.

Opeskin, B 2000, 'Constitutional Modelling: The Domestic Effect of International Law in Commonwealth Countries—Part I', Public Law, pp. 606-624.

Pieterse, M & Goldblatt, B 2000, 'Cases and Comments', South African Journal on Human Rights, vol. 16, no. 1, pp. 121-144.
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Redman, R & O'Connell, K 2000, 'Achieving pay equity through human rights law in Australia', Australian Journal of Human Rights, vol. 6, no. 1, pp. 107-122.
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Riley, J 2000, 'A challenge for commercial certainty: Retention of title trusts', Commercial Law Quarterly, vol. 14, pp. 13-18.

Dorsett, SG 1970, 'In the Box: Native Title as Cultural Regulation', Annual Law and Society Conference, Brisbane.

Dorsett, SG 1970, 'Native Title and the Authentic Aborigine', Helsinki.

Stuhmcke, AG 1970, 'Role of the Ombudsman in the New Millennium', 1st Annual Conference OMDOSHEAA, UTS.

Godden, L & Dorsett, SG 2000, The Contractual Status of Indigenous Land Use Agreements, Land, Rights, Laws: Issues of Native Title, pp. 1-12, Canberra.

McKeough, J 2000, Intellectual Property & Competition Review Committee.