Publications

Alexander, I & Gómez-Arostegui, HT 2016, Research Handbook on the History of Copyright Law, Edward Elgar Publishing.
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This Handbook takes stock of the field of copyright history as it stands today, as well as examining potential developments in the future.The contributions feature copyright and history experts from across the UK, Australia, the United ...

Berg, LA 2016, Migrant Rights at Work: Law's precariousness at the intersection of migration and labour, 1, Routledge, London.
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Public debates about the terms of membership and inclusion have intensified as developed economies increasingly rely on temporary migrant labour. While most agree that temporary migrant workers are entitled to the general protection of employment laws, temporary migrants have, by definition, restricted rights to residence, full social protections and often to occupational and geographic mobility. This book raises important ethical questions about the differential treatment of temporary and unauthorised migrant workers, and permanent residents, and where the line should be drawn between exploitation and legitimate employment. Taking the regulatory reforms of Australia as a key case study, Laurie Berg explores how the influence of immigration law extends beyond its functions in regulating admission to and exclusion from a country. Berg examines the ways in which immigration law and enforcement reconfigure the relationships between migrant workers and employers, producing uncertain and coercive working conditions. In presenting an analytical approach to issues of temporary labour migration, the book develops a unique theoretical framework, contending that the concept of precariousness is a more fruitful way than equality or vulnerability to evaluate and address issues of temporary migrant labour. The book will be of great interest to scholars and practitioners of immigration law and employment law and policy.

Booth, T 2016, Accommodating Justice: Victim Impact Statements in the Sentencing Process, 1, Federation Press, Sydney.
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Accommodating Justice explores the complex territory where victim impact statements (VISs), the law and legal institutions intersect with a focus on the requirements of justice, most particularly in the courtroom. And it does so from multiple perspectives: courts, offenders and victims. The book draws from a range of theoretical and doctrinal sources as well as empirical studies from Australia, Canada, the United States and the United Kingdom. An ethnographic study of the performance of VISs in homicide sentencing hearings in the NSW Supreme Court woven through most chapters provides an innovative and evidence-based approach to the issues.

Crofts, P, Crofts, T, Gray, S, Kirchengast, T, Naylor, B & Tudor, S 2016, Waller and Williams Criminal Law Text and Cases, 13, LexisNexis, Australia.

Goldblatt, BA 2016, Developing the Right to Social Security - A Gender Perspective, Routledge, Oxon, UK.
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The right to social security, found in international law and in the constitutions of many nations, contributes to the alleviation of poverty globally. Social security and its articulation as a human right have received increased attention in recent years both in response to austerity cuts to welfare in developed countries and as a means of lifting millions out of poverty in developing countries. Women, disproportionately affected by poverty in all parts of the world, stand to gain from a right to social security that takes cognisance of gender discrimination and disadvantage. This book interprets and redefines the right to social security from a gender perspective. Drawing on feminist theory, the book formulates a conceptual approach and a set of principles for a substantively equal, gendered right to social security. In so doing, it challenges the relationship between the right to social security and traditional conceptions of work that exclude women’s labour including their caring roles. It argues that the right must have application at the transnational level if it is to address the changing nature of women’s work due to globalisation. The book applies the framework and principles it develops to a study of international law focusing on the work of key United Nations human rights bodies. It also demonstrates the value of this framework in its analysis of three countries’ social security programmes - South Africa, Australia and India. In combining feminist thought on the nature of work and care with equality theories in developing the right to social security from a gender perspective this book expands the capacity of the right to advance gender equality and address gendered poverty.

Motha, S & Rijswijk, HV 2016, Law, Memory, Violence Uncovering the Counter-Archive.
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It is an indispensable part of the liberal legal response to biopolitical violence. This collection challenges established approaches to transitional justice by opening up new dialogues about the problem of assembling law's archive.

Natalie Chilton Stoianoff Fred Monotti, A, Chilton, F & Monotti, A 2016, Commercialisation of Intellectual Property.
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Written by authoritative authors from different jurisdictions and disciplinary backgrounds, Commercialisation of Intellectual Property is the only Australian book on the topic.

Scott, M, Alexander, P & Ryan, P 2016, Selected Materials on Civil Practice, Second, LexisNexis Butterworths, Australia.

Stoianoff, NP, Kreiser, L, Butcher, B, Milne, JE & Ashiabor, H 2016, Preface.
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Alexander, IJ 2016, 'Determining infringement in the eighteenth and nineteenth centuries in Britain: 'A ticklish job'' in Alexander, I & Gomez-Arostegui, HT (eds), Research Handbook on the History of Copyright Law, Edward Elgar Publishing, Cheltenham, UK, pp. 174-194.
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Anthony, T 2016, 'Deaths in Custody: 25 years after the royal commission, we've gone backwards' in Watson, J (ed), 50 Standout articles from Australia's top thinkers, Melbourne University Press, Melbourne, pp. 91-94.
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This week marks 25 years since the Royal Commission into Aboriginal Deaths in Custody tabled its national report. With five volumes of research, investigative accounts of 99 deaths in custody, and 339 recommendations, the report was meant to be a blueprint for reducing the disproportionate incarceration of Indigenous Australians and deaths in custody. But a quarter of a century later, the situation is actually worse.

Anthony, T 2016, 'The Limits of Reconciliation in Criminal Sentencing' in Maddison, S, Clark, T & Costa, RD (eds), The Limits of Settler Colonial Reconciliation, Springer, Singapore, pp. 249-269.
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Indigenous people in Australia are vastly over-represented in police custody and prisons. This paper argues that there is a judicial responsibility to take notice of systemic and prejudicial post-colonial circumstances affecting Indigenous people to reduce imprisonment. This may represent a step on the path to reconciliation in the legal system. By eschewing this reconciliatory gesture, Australian courts are complicit in the over-representation of Indigenous people in prisons. By contrast, Canadian judiciaries and legislatures have taken notice of the systemic disadvantage imposed by the legal system and broader colonial society on First Nations people and have sought to promote non-prison sentences for Aboriginal people. But is it enough for Australian courts to adopt the Canadian approach? This chapter draws on the ideas of Alfred (Response, responsibility and renewal: Canada’s truth and reconciliation journey. Aboriginal Healing Foundation, Ottawa: 179–187, 2009) that reconciliation absolves and entrenches colonial injustice by maintaining the dominance of postcolonial jurisdictions, processes and criminogenic assumptions. Resurgence, restitution and regeneration concepts that Alfred introduces as counterpoints to reconciliation, are essential for breaking down the postcolonial structures that subordinate Indigenous people. In the legal system, measures to privilege Indigenous perspectives and knowledges through Indigenous sentencing courts and Indigenous community pre-sentence reports challenge the whiteness of legal discourse and process. However, they are not a substitute for the resurgence of Indigenous governance and ongoing jurisdictional claims that push the limits of reconciliatory gestures in criminal sentencing.

Anthony, T & Marchetti, E 2016, 'Sentencing Indigenous Offenders in Canada, Australia, and New Zealand' in Tonry, M (ed), Oxford Handbooks Online: Criminology and Criminal Justice, Oxford University Press, UK, pp. 1-30.
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In common law countries that have been colonized, the colonized peoples are overrepresented in criminal justice statistics and in rates of incarceration. Sentencing laws and court processes have, for some time, undergone changes to reduce or address the continuing rise of indigenous over-incarceration. This essay focuses on three colonized common law countries: Canada, Australia, and New Zealand, in examining what legal strategies have been used to transform judicial reasoning and practice to take into account the particular experiences and circumstances of indigenous offenders. Whether these changes have improved the situation in practice is explored in this essay. The essay concludes by examining what role and responsibilities judicial officers should have in administering justice for peoples who have been, and continue to be, dispossessed of their culture, laws, and language by the process of colonization, and suggests directions for future research.

Anthony, T & Tranter, K 2016, 'Car Crimes and Cultural Imagination' in Rafter, N & Brown, M (eds), Oxford Research Encyclopedia: Criminology and Criminal Justice, Oxford University Press, UK, pp. 1-26.
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The car and crime become entrenched in the cultural imagination with the widely circulated images of the bullet-hole-ravaged Ford V8 that Bonnie (Parker) and Clyde (Barrow) were in when they were killed by Texan and Louisianan police in 1934. This couple of outlaws (and their gang) had kept newspaper readers enthralled and appalled as they robbed, murdered, and kidnapped throughout the Midwest since 1932. The scope of their activities and their success in evading authorities, along with their crimes, which included many vehicle thefts, were facilitated by the mobility of the car. Before Bonnie and Clyde, car crime in the public consciousness comprised images of the foolish and antisocial behavior of the well-to-do car-owning elite. After Bonnie and Clyde, the famous image of their death car and the celebrity-making image of Bonnie as the archetypical gangster moll with cigar and revolver leaning over a stolen car, linked in the cultural imagination crime and cars as everyday through a visceral mix of bodies, sex, and violence. In particular, the visceral imaginings of car crime after Bonnie and Clyde separated into four locations. All involved, to certain degree, bodies, sex, and violence, but distinct contexts and meanings can be identified. The first location is the imaging of car crime itself; of risky use of the car—speeding, dangerous driving, racing, drink driving—actions evidenced by carnage on the roads. There have emerged two frames for this location. The first is the serious and deadly context of the usually male driver fueled by “combustion masculinity” taking irresponsible risks with bloody consequences. The second is the humorous, over-the-top risky, subversive, and illegal car-based activities, a frame tapped into by television shows like Top Gear (Klein, 2002–2015) and Bush Mechanics (Batty, 2001) and manifest in the car chase trope. The second location is the car as a crime scene. From JFK’s assassination in a Lincoln convertible, to the car as s...

Biber, K 2016, '"Peeping: Open justice and law's voyeurs"' in Sharp, C & Leiboff, M (eds), Cultural Legal Studies: Law's Popular Cultures and the Metamorphosis of Law, Routledge, Abingdon, pp. 160-182.
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What can law's popular cultures do for law, as a constitutive and interrogative critical practice? This collection explores such a question through the lens of the 'cultural legal studies' movement, which proffers a new encounter with the 'cultural turn' in law and legal theory.

Chung, PT, Greenleaf, GW & Mowbray, AS 2016, 'Models for a global system for free access to legal information: the WorldLII approach' in Weth, S & van Oostrom, S (eds), Festschrift für Maximilian Herberger, pp. 193-193.

Crock, M & Smith-Khan, L 2016, 'Swift and systematic? Identifying and recording disability in forced migration' in Altman, B (ed), International Measurement of Disability Purpose, Method and Application, Springer, Switzerland.
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This volume provides an informed review of the accomplishments of the Washington Group on Disability Statistics (WG) in the provision of international data and statistics on disability.

Evers, M & Bourke, J 2016, 'Resilience and Wellbeing Programmes: The Practical Legal Training Experience' in Field, R, Duffy, J & James, C (eds), Promoting Law Student and Lawyer Well-Being in Australia and Beyond, Routledge, Abingdon, UK.
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Research and literature concerning the need for resilience education and wellbeing programs for law students and lawyers is well established. The impact for law schools in responding, has meant, in part, a move away from the entrenched teaching method. The core business of legal education traditionally focused on knowledge within the discipline of law. In more recent times, the development of skills and most recently, the introduction of resilience and wellbeing training, has followed. Legal education leading to admission to practise law includes a final component of practical legal training (PLT). Although the duration of PLT is significantly shorter that academic study, the role of PLT is an important one. It is here that students build on their legal knowledge, skills and values to transition from student to practitioner. This chapter discusses the role of PLT in legal education, with particular reference to resilience and wellbeing programs developed by two PLT providers. The outcomes for graduates and the challenges for PLT providers in relation to training students are also considered.

Goldblatt, BA 2016, 'The Right to Social Security – Addressing Women’s Poverty and Disadvantage' in Fredman, S & Campbell, M (eds), Social and Economic Rights and Constitutional Law, Edward Elgar, UK.

Grossi, R & Neoh Weng Fei, J 2016, 'Introduction to the special edition of Law in Context on law and love', Federation Press, Sydney.

Hitchens, Lesley 2016, 'Reviewing Media Pluralism in Australia' in Valcke, Peggy, Sukosd, Miklos & Picard, Robert (eds), Media Pluralism and Diversity, Palgrave Macmillan, England, pp. 252-266.
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Adopting a truly global, theoretical and multidisciplinary perspective, Media Pluralism and Diversity intends to advance our understanding of media pluralism across the globe. It compares metrics that have been developed in different parts of the world to assess levels of, or threats to, media pluralism.

Kirkby, D 2016, 'The Australian experiment of compulsory arbitration' in Social Welfare, 1850-1950: Australia, Argentina and Canada Compared, pp. 107-124.
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Leary, DK 2016, 'The Australian Renewable EnergyTarget scheme: a case study of theimpact of uncertainty on amarket- based mechanism' in Stoianoff, N, Kreiser, L, Butcher, B, Milne, J & Ashiabor, H (eds), Green Fiscal Reform for a Sustainable Future Reform, Innovation and Renewable Energy, Edward Elgar Publishing, United Kingdom, pp. 187-203.
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A wide range of policy options, including a range of market-based mechanisms are available to governments to support the development of renewable energy. These options include provision of investment incentives such as grant programmes, tax measures such as investment and production tax credits, government procurement policies, and guaranteed price systems such as feed-in tariffs. More common mechanisms include various market-based schemes built around obligations to purchase renewable energy, including portfolio standard or quota systems, and a binding renewable energy target. All of these options are present in some form or other in various government responses to climate change and in efforts to promote the development of renewable energy across Australia. By far the most important of these mechanisms has been the Mandatory Renewable Energy Target (MRET) scheme established under the Renewable Energy (Electricity) Act 2000 (Cth). This scheme was originally established to spur investment in renewable energy generation in Australia. This chapter argues that this core policy objective has been undermined by a constant stream of government-sponsored inquiries, reviews and legislative amendments that have created uncertainty and undermined investor confidence in the renewable energy industry. This chapter argues that the Australian experience demonstrates a fundamental lesson that the best way to destroy, or at a minimum undermine, the effectiveness of a market-based mechanism is to create a continual climate of uncertainty through inquiries and reviews and numerous amendments to the scheme.

Lindsay, DF 2016, 'Domain Name Governance: “Schererazade on Steroids”' in Rothchild, JA (ed), Research Handbook on Electronic Commerce Law, Edward Elgar, Cheltenham UK, pp. 151-176.
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This chapter explains and evaluates the background to current issues in domain name governance. In doing so, it first explains why domain names, and the domain name system (DNS), continue to be significant. The chapter then describes the complex global processes relating to Internet and DNS governance, before introducing and analyzing the multi-stakeholder model (MSM). Following this, the version of the MSM applied by ICANN is illustrated by the processes for introducing a significant number of new top-level domains (“TLDs”), and especially with controversies associated with the applications for the .wine and .vin domains. Finally, the chapter explains and analyzes current issues regarding the future of DNS governance, namely the transition from residual U.S. government supervision of ICANN (known as the IANA transition) and the associated process for developing replacement accountability mechanisms. The chapter concludes with some observations as to why DNS governance is inherently problematical and why debates about Internet governance resist effective resolution. As the chapter maintains, the difficulties in establishing a legitimate DNS governance structure mean that domain name governance will likely remain a site for the generation of competing narratives of legitimacy and governance, and a seemingly perpetual negotiation and re-negotiation of governance structures, for the foreseeable future.

Lindsay, DF 2016, 'The ‘Right to be Forgotten’ by Search Engines under Data Privacy Law: A Legal and Policy Analysis of the Costeja Decision' in Kenyon, AT (ed), Comparative Defamation and Privacy Law, Cambridge University Press, Cambridge, pp. 199-223.
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Defamation and privacy are now two central issues in media law. While defamation law has long posed concerns for media publications, the emergence of privacy as a legal challenge has been relatively recent in many common law jurisdictions outside the US. A number of jurisdictions have seen recent defamation and privacy law reforms, which have often drawn on, or reacted against, developments elsewhere. This timely book examines topical issues in defamation and privacy law focused on media, journalism and contemporary communication. Aimed at a wide legal audience, it brings together leading and emerging analysts of media law to address current and proposed reforms and the impact of changes in communication environments, and to re-examine basic principles such as harm and free speech. This book will be of interest to all those working on commonwealth or US law, as well as comparative scholars from wider jurisdictions.

Luker, T 2016, 'Animating the Archive: Artefacts of law' in Motha, S & van Rijswijk, H (eds), Law, Memory, Violence: Uncovering the Counter-Archive, Routledge, Abingdon, Oxon, pp. 70-96.
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It is an indispensable part of the liberal legal response to biopolitical violence. This collection challenges established approaches to transitional justice by opening up new dialogues about the problem of assembling law's archive.

Motha, S & van Rijswijk, HM 2016, 'Introduction: developing a counter-archival sense' in Motha, S & van Rijswijk, H (eds), Law, memory, violence: uncovering the counter-archive, Routledge, London, pp. 1-15.
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The demand for recognition, responsibility, and reparations is regularly invoked in the wake of colonialism, genocide, and mass violence: there can be no victims without recognition, no perpetrators without responsibility, and no justice without reparations. Or so it seems from law’s limited repertoire for assembling the archive after ‘the disaster’. Archival and memorial practices are central to contexts where transitional justice, addressing historical wrongs, or reparations are at stake. The archive serves as a repository or ‘storehouse’ of what needs to be gathered and recognised so that it can be left behind in order to inaugurate the future. The archive manifests law’s authority and its troubled conscience. It is an indispensable part of the liberal legal response to biopolitical violence. This collection challenges established approaches to transitional justice by opening up new dialogues about the problem of assembling law’s archive. The volume presents research drawn from multiple jurisdictions that address the following questions. What resists being archived? What spaces and practices of memory - conscious and unconscious - undo legal and sovereign alibis and confessions? And what narrative forms expose the limits of responsibility, recognition, and reparations? By treating the law as an ‘archive’, this book traces the failure of universalised categories such as 'perpetrator', 'victim', 'responsibility', and 'innocence,' posited by the liberal legal state. It thereby uncovers law’s counter-archive as a challenge to established forms of representing and responding to violence.

Opeskin, B 2016, 'Judicial Exits: The Tenure of Judges in Three Apex Courts' in Ananian-Welsh, R & Crowe, J (eds), Judicial Independence in Australia: Contemporary Challenges, Future Directions, Federation Press, Australia, pp. 89-105.
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Redmond, PM 2016, 'The Values Dimension of Legal Education: Educating for Justice and Service' in Gane, C & Huang, RH (eds), Legal Education in the Global Context, Ashgate Publishing Limited, Burlington, VT, USA, pp. 99-110.

Riley, S 2016, 'Prioritising the Environment in Sustainable Development: lessons from Australian Environmental Impact Assessment' in Mauerhofer, V (ed), Legal Aspects of Sustainable Development,: Horizontal and Secotrial Policy Issues, Springer, Switzerland, pp. 271-288.
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It is a truism that to be effective, the concept of sustainable development (SD) needs to be functionally operational. Environmental impact assessment (EIA) provides such an opportunity; yet EIA also presents decision-makers with a vast array of competing criteria compelling decision makers to prioritize and make trade-offs. Moreover, legislation provides little guidance on how to prioritize these criteria and still achieve SD. Using the Australian state of New South Wale as a case study, the discussion evaluates the relationship between policy, legislation and the weight given to SD. The topic is important for policy makers, decision-makers, proponents of development and conservationists. The paper draws on two bodies of work: the literature on prioritising and trade-offs in decision-making by authors such as Brownlie and Retief et al; and the paradigms and models of science identified by Cashmore. It proffers a means of curtailing the wide discretion available to decision-makers using civic science, which to be effective, needs to be legislatively-based.

Schofield-Georgeson, E 2016, 'Campaign to save the NSW Custody Notification Service: 'Lifeline' for Indigenous People in Custody' in Finlay, SM, Williams, M, McInerney, M, Sweet, M & Ward, M (eds), JustJustice: Tackling the over-incarceration of Aboriginal and Torres Strait Islander Peoples, Croakey, Sydney.

Steele, LR 2016, 'Diversion of Individuals with Disability from the Criminal Justice System: Control Inside or Outside Criminal Law?' in Reed, A, Ashford, C & Wake, N (eds), Legal Perspectives on State Power: Consent and Control, Cambridge Scholars Publishing, UK, pp. 309-342.
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Stoianoff, NP 2016, 'Ensuring a sustainable future through recognizing and protecting Indigenous ecological knowledge' in Mauerhofer, V (ed), Legal Aspects of Sustainable Development Horizontal and Sectorial Policy Issues, Springer, Switzerland, pp. 109-123.
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This paper sets out the way in which Indigenous ecological knowledge has received increasing recognition as a holistic mechanism through which Australia’s natural resources can be sustainably managed. This increased recognition and consequent utilization needs to take place within a legal framework that acknowledges and respects the customary laws and rules of the Indigenous ecological knowledge holders and provides appropriate benefits back to the those knowledge holders. This paper considers the nature of such a legal framework and reports on the research conducted by the author and her research team, through the use of action research and Indigenous research paradigm methodologies, in developing such a legal regime that encapsulates the principles established in the Convention on Biological Diversity 1992, expanded in the Nagoya Protocol to the Convention, and reinforced in the United Nations Declaration on the Rights of Indigenous Peoples 2007. The result was a White Paper espousing a sui generis legal framework of recognition and protection Indigenous knowledge associated with natural resource management focussed on the Aboriginal Communities of the state of New South Wales in Australia and accordingly reflects the concerns and interests of those communities while incorporating the international law principles described above. This was achieved through an initial comparative analysis of regimes already in existence in other nations, the establishment of a highly skilled and multidisciplinary Working Party representing both Indigenous and non-Indigenous individuals and stakeholders, and finally through Aboriginal Community consultation.

Stoianoff, NP & Guglyuvatyy, E 2016, 'Carbon policy in Australia – a political history' in Stoianoff, NP, Kreiser, L, Butcher, B, Milne, JE & Ashiabor, H (eds), Green Fiscal Reform for a Sustainable Future Reform, Innovation and Renewable Energy, Edward Elgar Publishing, Cheltenham UK, pp. 31-52.
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Australia had actively participated in the 1992 Earth Summit in Rio de Janeiro, endorsing the Summit goals which were formed by the desire for sustainable development. Australia also joined the United Nations Framework Convention on Climate Change and much later signed the Kyoto Protocol enthusiastically supporting greenhouse gas reduction. A range of measures aimed to reduce Australia’s greenhouse gas emissions have been on the agenda at the Federal and State level for the last two decades. Until recently, successive Australian governments have been committed to the introduction of a carbon tax or an emissions trading scheme designed to mitigate climate change. This paper examines the historical progress of Australian climate change policy including the implementation of the present Australian Government’s Direct Action Plan. The article in particular observes several interesting and significant aspects of Australian climate law highlighting governmental approaches and processes leading to the introduction of those laws. The historical perspective is necessary to identify most common features of the climate law implementation procedures and to identify what political factors influence these processes in Australia. Examination of the Australian climate change regime indicates how different actors influence policy proposals to achieve their own goals, rather than to cooperate in a process of generating the best overall legal option. This paper concludes that the development of climate law in Australia required some innovative and responsive law initiatives. However, the practical implementation of various climate change laws had been constantly impacted by various economic and political factors.

Stoianoff, NP & Kumari, TV 2016, 'Intellectual Property' in Star, S (ed), Australia and India - A Comparative Overview of the Law and Legal Practice, Universal Law Publishing Co. Ltd., India, pp. 235-264.
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van Rijswijk, HM 2016, 'Interventions into the feeling of popular justice Australia's Stolen Generations, the problem of sentimentality, and re-encountering the testimonial form.' in Sharp, C & Leiboff, M (eds), Cultural Legal Studies Law's Popular Cultures and the Metamorphosis of Law, Routledge, Abingdon, pp. 71-94.
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This collection explores such a question through the lens of the cultural legal studies movement, which proffers a new encounter with the cultural turn in law and legal theory.

Vrdoljak, A 2016, 'Standing and Collective Cultural Rights' in Jakubowski, A (ed), Cultural Rights as Collective Rights: An International Law Perspective, Martinus Nijhoff Publishers, Leiden, pp. 272-287.
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The procedural question of standing has deep implications for the definition and enforcement of cultural rights. Cultural rights have individual and collective elements that can lead to several entities seeking access to justice when these rights are violated. This chapter focuses on the question of standing to explore the contours of existing cultural human rights and possible reparations flowing from their violation. It considers claims by (1) an individual member of the group who has been wronged because of their membership of the group; (2) a collective action brought by the group; and (3) a representative action on behalf of the group. The re-emergence of cultural human rights through an emphasis on access to justice exposes a multiplicity of rightholders, often with competing and conflicting interests which courts are increasingly called on to resolve.

Alexander, I, Bond, C, Bowrey, K, Burrell, R, Handler, M, Greenleaf, G, Nicol, D, Nielsen, JL & Weatherall, KG 2016, 'Submission in Response to the Australian Productivity Commission's Inquiry into IP Arrangements Draft Report', UNSW Law Research Paper, no. 2016-51, pp. 1-39.
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This Submission by nine intellectual property academics responds to the Draft Report in the Inquiry into IP Arrangements published by the Australian Productivity Commission on 29 April 2016 ('Draft Report'). In broad terms, the submission supports many of the goals of, and recommendations of, the Productivity Commission expressed in the Draft Report, but expresses concerns that some recommendations may not achieve the overall goals of the Commission, or reflect misunderstandings of the statutory framework. The submission addresses many of the Commission's draft recommendations concerning copyright, patents, trade marks and geographical indicators, IP and public institutions, and IP's institutional and governance arrangements.

Anthony, T & Grant, E 2016, 'Courthouse Design Principles to Dignify Spaces for Indigenous Users: Preliminary Observations', International Journal for Court Administration, vol. 8, no. 1, pp. 43-59.
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Historically, Australian court architecture layout, design and details are intimately tied to the physical aspects of British imperial institutions. Displaying the visual features of the Empire’s institutions has the effect of alienating Indigenous people within courts. This is compounded by design that is oblivious to the needs of Indigenous users and consequently places these users in situations that threaten their privacy, safety and wellbeing. This article contends that architectural design that seeks to accommodate Indigenous cultural and socio-spatial needs brings into sharp relief the barriers and harms otherwise confronting Indigenous people in courts. This article discusses three court complexes designed in collaboration with Indigenous communities to accommodate Indigenous connections to the environment surrounding the courthouse and to enhance access to justice. Indigenous collaborations in the design of the Indigenous-inclusive court complexes at Port Augusta (South Australia), Kalgoorlie and Kununurra (Western Australia) produced spatially distinct courthouses that eschew some historical court design principles and attempt to introduce features relevant to local Indigenous nations. This illustration essay discusses the emergence of Indigenous design principles that may inform courthouse redesign, the application of some of these principles in new courthouse designs and the need for local Indigenous oversight in the design processes. It provides a framework for further research into how Indigenous architectural collaborations in courthouse designs may promote safer and fairer environments for Indigenous court users. It also raises some potential disjuncture between court design and use of court space that may undermine the vision embedded in cultural design principles.

Barker, DL 2016, '70 Years of ALTA in the Furtherance of Legal Education in Australasia and of the Work and Interests of University Law Schools', Journal of the Australasian, vol. 9, no. 1.

Barker, DL 2016, 'The Swinging Sixties and Beyond: The Influence of the Second Wave University Law Schools in the Development of Australian Legal Education', Journal of the Australasian Law Teachers Association, vol. 9, no. 1.
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Biber, K, Loughnan, A & Quilter, J 2016, 'Book Review: Such Slow Murder: Feminism, Moral Panic and Homicidal Women. (Review of 'Female Criminality' by A. Cossins).', Cultural Studies Review, vol. 22, no. 1, pp. 319-326.
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Biber, K, Loughnan, A & Quilter, J 2016, 'Female Criminality: Infanticide, Moral Panics and the Female Body', CULTURAL STUDIES REVIEW, vol. 22, no. 1, pp. 319-326.
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Bowley, RN 2016, 'The progressive evolution of Australian insurers' duty of utmost good faith to third party claimants', Insurance Law Journal, vol. 27, no. 3, pp. 194-213.
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Over recent decades, the significance of third parties in the insurance contractual relationship has progressively increased. In Australia, challenges by claimants with entitlements under group life insurance policies providing total and permanent disablement (TPD) benefits, which are commonly arranged by trustees of superannuation funds to provide benefits to incapacitated members, have been a key driver of this trend. Several cases where third party claimants have successfully challenged the decision-making processes of insurers in declining TPD claims have provided useful clarifications of the nature, extent and limits of Australian insurers' post-contractual duties of utmost good faith. Through a progressive review of the key Australian authorities, this article examines the examples of conduct by insurers that have been held to breach the duty of utmost good faith. It also shows that through recognising the standing of third parties, several of these decisions have provided the impetus for amendments to the Insurance Contracts Act 1984 (Cth), which now recognises that insurers also owe the duty of utmost good faith to third party claimants.

Carney, T, Beaupert, F, Chiarella, M, Bennett, B, Walton, M, Kelly, PJ & Satchell, CS 2016, 'Health complaints and regulatory reform: Implications for vulnerable populations?', Journal of Law and Medicine, vol. 23, no. 3, pp. 650-661.
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© 2016 Thomson Head Office. All rights reserved. Complaints and disciplinary processes play a significant role in health professional regulation. Many countries are transitioning from models of self-regulation to greater external oversight through systems including metaregulation, responsive (risk-based) regulation, and "networked governance". Such systems harness, in differing ways, public, private, professional and non-governmental bodies to exert influence over the conduct of health professionals and services. Interesting literature is emerging regarding complainants' motivations and experiences, the impact of complaints processes on health professionals, and identification of features such as complainant and health professional profiles, types of complaints and outcomes. This article concentrates on studies identifying vulnerable groups and their participation in health care regulatory systems.

Carter, DJ 2016, 'HIV transmission, public health detention and the recalcitrant subject of discipline: Kuoth, Lam v R and the co-constitution of public health and criminal law', Griffith Law Review, vol. 25, no. 2, pp. 172-196.
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The attempt to govern HIV through technologies of coercion, compulsion or detention has long raised significant questions for law, public health and state practice generally. In this vein, many public health writers have challenged the continued availability of criminal-legal sanction in relation to particular HIV-related events, namely where potential or actual transmission might result in constraint or deprivation of liberty by virtue of criminal punishment. Within public health practice, however, a variety of communicable disease approaches utilise the same technologies of constraint or deprivation of liberty, including administrative detention. As yet, the structural and operational connections between criminal legal and public health practices have not been adequately addressed. Here I read the recent case of Kuoth, Lam v R [2010] VSCA 103 (21 April 2010) as an event that disturbs the dominant frame of separation and difference that we have applied to the relationship between public health and criminal law. To do so, I draw principally upon the work of Foucault and his recent interpreters, Ben Golder and Peter Fitzpatrick. As I shall argue, despite a disjunction between these two powers of modernity, the operation of criminal law and public health are not at odds, but are rather mutually co-constitutive.

Carter, DJ, Brown, J & Rahmani, A 2016, 'Reading the High Court at a Distance: Topic Modelling the Legal Subject Matter And Judicial Activity of the High Court of Australia, 1903–2015', University of New South Wales Law Journal, vol. 39, no. 4, pp. 1300-1354.
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In this article we apply the method of quantitative textual analysis known as ‘topic modelling’ to a significant Australian legal text corpus: that of judgments of the High Court of Australia from 1903 to 2015. The High Court of Australia has been a perennial topic for study and analysis. It is the highest court in the Australian judicial hierarchy and the site of many of the most significant contests of legal doctrine and practice in Australian history. We find that the topic models generated by this research enable the development of a range of unique, novel and robust observations of the High Court’s judicial workload and the shifting make-up of its legal subject matter over time. Moreover, this article reveals the feasibility and value of topic modelling as a method for the study of legal texts and practices that might fruitfully complement other methods of legal scholarship.

Chung, P & Mowbray, A 2016, 'Editorial: Selected papers from the law via the internet conference 2015', Journal of Law, Information and Science, vol. 24, no. 2, pp. v-vi.

Crofts, P 2016, 'Legal irresponsibility and institutional responses to child sex abuse', Law in Context, vol. 34, no. 2, pp. 79-99.
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The current Royal Commission into Institutional Responses to Child Sexual Abuse has demonstrated serious long-term failures to prevent and adequately respond to child sexual abuse by institutions. Rather than regarding the law as a system of responsibility, this article argues that it can be read instead as organising irresponsibility, drawing upon Scott Veitch’s ideas in Law and Irresponsibility. His key argument is that legal institutions operate as much to deflect responsibility for harms suffered as to acknowledge them. This article focuses on the ways in which the criminal justice system is complicit in organising irresponsibility for systemic failures through an analysis of the Royal Commission Case Study No 6: The responses of a primary school and the Toowoomba Catholic Education Office to the Conduct of Gerald Byrnes. Through concrete examples, this article analyses the ways in which criminal law organises irresponsibility through the individuation of responsibility and the emphasis upon subjective culpability. These practices ensure irresponsibility for actors for systemic failures.

Crofts, P & Prior, J 2016, 'Shooting up illicit drugs with God and the State: the legal–spatial constitution of Sydney’s Medically Supervised Injecting Centre as a sanctuary', Geographical Research, vol. 54, no. 3, pp. 313-323.
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In 1999, the Uniting Church opened aMedically Supervised Injecting Centre (MSIC) at the Wayside Chapel in the inner Sydney suburb of Kings Cross. The Uniting Church justified this overt act of civil disobedience against the State’s prohibitionist model of drug usage by invoking the ancient right of sanctuary. This invocation sought to produce a specific sort of spatialisation wherein the meaning of the line constituting sanctuary effects a protected ‘inside’ governed by God’s word – civitas dei – ‘outside’ the jurisdiction of state power in civitas terrena. Sanctuary claims a territory exempt from other jurisdictions. The modern assertion of sanctuary enacts in physical space the relationship between state and religious authorities and the integration and intersections of civitas terrena and civitas dei. This article draws upon conceptions of sanctuary at the intersection of the Catholic Christianity tradition and the State since medieval times to analyse the contemporary space of sanctuary in the MSIC, exploring the shifting and ambiguous boundaries in material, legislative, and symbolic spaces. We argue that even though the MSIC has now been incorporated into civitas terrena, it remains and enacts a space of sanctuary.

Crofts, P & Prior, J 2016, 'The Proposed Re-introduction of Policing and Crime into the Regulation of Brothels in New South Wales', Current Issues in Criminal Justice, vol. 28, no. 2, pp. 209-226.
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Dorsett, SG 2016, 'Metropolitan theorising: Legal Frameworks, Protectorates and Models for Māori Governance, 1837-1838', law&history, vol. 3, pp. 1-27.
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This article considers the little-known 1838 proposal by Robert Torrens for the establishment of a native government in New Zealand. In so doing, it joins recent literature which seeks to move away from doctrinal or juridical legal history through an exploration of the ways in which legal concepts were used in the first part of the nineteenth century by colonial actors as tools, deployed for political advantage, rather than in strict reliance on them as a particular legal form. In so doing, however, this article also contends that although legal forms were often malleable and could be, and were, deployed in this way, those who relied on them were also bound by Imperial constitutional principles which, while often broad and ambiguous, nevertheless acted as limits on the deployment of these concepts

Evers, M & Ryan, P 2016, 'Exploring eCourt innovations in New South Wales civil courts', Journal of Civil Litigation and Practice, vol. 5, no. 1, pp. 65-76.
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Some New South Wales civil courts have recently introduced electronic filing and online pre-trial appearances. These innovations have different consequences for different users of the civil justice system. Whatever the ostensible benefit, any change to the way our justice system works must enable the purpose for which it exists: access to justice. For practitioners and self-represented litigants who would otherwise travel long distances to attend court, the time and costs savings could be significant. Of course, this intended outcome depends upon the reliability and usability of the technology, as well as the competence of the users. However, for those without these skills or those who do not have access to computers and/or the internet, this change could impede access to justice. It is too early to evaluate the success of this project, but lessons can be drawn from other jurisdictions. This article will explore potential advantages and disadvantages of these changes for self-represented litigants and legal professionals. It will conclude that as technology is disrupting all aspects of our social and commercial arrangements, it is logical that our courts will need to keep up.

Foster, M & Lambert, H 2016, 'Statelessness as a human rights issue: A concept whose time has come', International Journal of Refugee Law, vol. 28, no. 4, pp. 564-584.
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© The Author (2016). Published by Oxford University Press. All rights reserved. The protection of stateless persons has long been understood as a challenge for the international community. However, for many of the past 60 years, a prioritized focus on refugees has dominated, or even eclipsed, the plight and protection needs of stateless persons. Guy Goodwin-Gill has long argued for a refocus of international attention and effort on the plight, predicament, and protection needs of stateless persons. In a seminal contribution over two decades ago he observed that, at that time, statelessness was perceived by many as a mere 'technical problem', yet, 'statelessness is indeed a broad human rights issue, even as it retains a distinct technical dimension. In light of developments since this incisive analysis, this article examines the challenge set by Goodwin-Gill for the international community, namely, to provide greater recognition of and protection for stateless persons. It celebrates the positive developments and identifies areas of ongoing challenge. The focus is on the key initiatives Goodwin-Gill identified as requiring attention, the progress made in relation to each, and, predominantly, on the relevance of developments in human rights law.

Gannon, S, Kligyte, G, McLean, J, Perrier, M, Swan, E, Vanni, I & van Rijswijk, H 2016, 'Uneven Relationalities, Collective Biography, and Sisterly Affect in Neoliberal Universities', Feminist Formations, vol. 27, no. 3, pp. 189-216.
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This article deploys a collective biographical methodology as a political and epistemological intervention in order to explore the emotional and affective politics of academic work for women in neoliberal universities. The managerial practices of contemporary universities tend to elevate disembodied reason over emotion; to repress, commodify, or co-opt emotional and affective labor; to increase individualization and competition among academic workers; and to disregard the relational work that the article suggests is essential for well-being at work. The apparent marginalization of feminist and feminine ways of being, thinking, and feeling in academia is examined through close readings of three narrative vignettes, which are based on memories of the everyday academic spaces of meetings, workshops, and mentoring. These stories explore moments of the breaking of ties among women and between men and women, as well as document how feminist relationalities can bind and exclude. The article suggests that academic ties are both part of the problem and the solution to countering neoliberal policies, and that academic relationships, especially with other women, are often experienced as unrealized spaces of hope. Building on feminist scholarship about race and diversity, the article reflects on how relational practices like collective biography create both inclusions and exclusions. Nevertheless, it suggests that the methodology of collective biography might engender more sustainable and ethical ways of being in academic workplaces because it provides the resources to begin to create a new collective imaginary of academia.

Gould, KC 2016, ''It's Time to Discard the Supplementary Tests of Defamatory Meaning'', Torts Law Journal, vol. 23, no. 1, pp. 26-55.

Grossi, R 2016, 'Book Review Macarena Saez (ed.), Same Sex Couples - Comparative Insights on Marriage and Cohabitation', Law and History, vol. 3, pp. 162-163.

Grossi, R 2016, ''Which Love in Law?: Zenon Bankowski and the Meaning of Love'', Law in context (Bundoora, Vic.), vol. 34, no. 1, pp. 42-57.

Hobbs, H 2016, 'Revisiting the Scope of the Race Power after McCloy'.
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Hobbs, H & Hobbs, H 2016, 'Locating the logic of transitional justice in liberal democracies: native title in Australia'.
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Karpin, I 2016, 'Regulatory Responses to the Gendering of Transgenerational Harm', Australian Feminist Studies, vol. 31, no. 88, pp. 139-153.
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© 2016 Informa UK Limited, trading as Taylor & Francis Group. Laws and regulatory guidelines dealing with assisted reproductive technology in Australia and elsewhere typically operate on the principle that the physical and psychological well-being of the person who might be created using the technology must be an active consideration. An ethical/legal problem arises when future persons are protected at the expense of existing persons. This occurs when women, who create and gestate these future persons, are socially, legally and medically positioned as transgenerational vectors of harm, and are subject to pressure to act for the benefit of people who do not yet and may never come to exist. This paper explores the way women are understood, in science and law, as subject to situational and environmental harms as well as constituting a (prenatal) environment for the perpetuation of those harms. Finally, recognising that harm is itself actively gendered, this paper also explores how gendered assumptions are smuggled into legal explanations of disease and its causes and how this might impact regulatory responses.

Karpin, IA 2016, 'Protecting the future well: access to preconception genetic screening and testing and the right not to use it', Griffith Law Review, vol. 25, no. 1, pp. 17-86.
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© 2016 Griffith UniversityIn this article, I assess the ethical and legal implications for a progressive and inclusive approach towards people with disability, of providing publicly funded and universal access to carrier testing and expanded carrier testing. In answering this question I focus on two main concerns namely whether such access (1) involves a neoliberal individualisation of risk and responsibility away from the State and (2) might impinge on the reproductive and other rights of people with disability. With respect to this last question I ask specifically is it possible to provide whole-population preconception genetic carrier screening while legally guaranteeing the reproductive rights to conceive of prospective parents, both women and men, who test positive as a carrier for an inheritable genetic condition?

Kirkby, D & Ostapenko, D 2016, 'Pursuing Trade Union Internationalism: Australia's Waterside Workers and the International Transport Workers Federation, c. 1950–70', Labour History, no. 110, pp. 57-75.
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Kirkby, D & Scalmer, S 2016, 'Social Movements, Internationalism and the Cold War: Perspectives on Labour History', Labour History, no. 111, pp. 1-9.
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Historians started talking of the Cold War in the late 1940s.1 English writer George Orwell is generally credited with coining the term in October 1945, though American journalist Walter Lippman’s 1947 book, The Cold War was more important in propagating the concept.2 The term became widely deployed to describe the increasingly open struggle between the USA and its allies in the West and the USSR and its allies in the Eastern Bloc.3 In its heightened military mobilisation, violent propaganda, intense global competition, and battles by proxy, this conflict was a war; in the narrow avoidance of hostilities directly pitting the superpowers against one another, the temperature remained below the heat of an all-out armed conflict. The concept of the “Cold War” captures this unstable combination

Landrigan, M 2016, 'Protests Outside Abortion Clinics - Constitutionally Protected Speech?', Alternative Law Journal, vol. 41, no. 1, pp. 8-12.
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This article reviews the constitutionality of recently enacted Victorian (and comparable Australian) 'safe access zone legislation' insofar as the laws prohibit protests about abortions near clinics. The safe access zone laws prohibit anti-abortion protestors from: harassing people entering or leaving abortion clinics; engaging in other anti-abortion protest activities (in the case of Victoria, where this is reasonably likely to cause distress or anxiety); and recording people entering or leaving abortion clinics. Similar safe access zone laws exist in Tasmania and comparable laws were recently passed in the Australian Capital Territory.

Lenta, P 2016, 'Freedom of Conscience and the Value of Personal Integrity', Ratio Juris, vol. 29, pp. 246-263.

Li, G 2016, 'Conceptualising the Australian telecommunications industry self-regulation scheme in the context of Australian judicial system and administrative justice', Australian Journal of Telecommunications and the Digital Economy, vol. 4, no. 3, pp. 21-43.
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The public ombudsman plays an irreplaceable role as an important redress mechanism for individual grievances and as a "watch dog" to administrative justice. Since the 1980s, private sector ombudsmen have emerged and proliferated. This rapid development has resulted in some significant controversies. Unfortunately, many of these controversies have not been sufficiently addressed to date. By analysing the Telecommunications Industry Ombudsman (TIO) as a case study, this article seeks to examine the nature of the private sector ombudsmen and its changing position in relation to administrative justice. Here, the key claim is that the TIO is substituting courts with respect to consumer matters arising from its service sector. Stemming from this claim, this article further argues that the current TIO scheme presents an inappropriate and unreliable situation where the private sector ombudsmen may provide differing rights and remedies from those available in the Courts. Furthermore, consistency in decision-making by private sector ombudsmen can be problematic, and fair procedure requirements remain untested by the courts. In order to resolve these issues, private sector ombudsmen, like the TIO, should be subject to a closer monitoring process. As a preliminary measure, an authoritative and standardised quality control assurance mechanism should be established to ensure that consumer complaints are effectively received and fairly handled.

Libesman, T 2016, 'Forward Indigenous children's well-being', Australian Indigenous Law Review, vol. 19, no. 1, pp. 2-4.

Libesman, T 2016, 'Indigenous Child Welfare Post Bringing them Home: From Aspirations for Self-Determination to Neoliberal Assimilation', Australian Indigenous Law Review, vol. 19, no. 1, pp. 46-61.
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Almost 20 years post Bringing then home the contemporary child welfare recommendations from the Stolen Generations Inquiry, which focus on cultural recognition and self determination, even when partially legislated for have not been implemented in practice. This article argues that while there are deep set difficulties with recognition of Indigenous peoples' collective rights within a liberal legal environment, the neoliberal political and social values which have ascended post the National Inquiry are incompatible with, and directly undercut, the human rights framework recommended by Bringing them home.

Light, EM, Robertson, MD, Kerridge, IH, Boyce, P, Carney, T, Rosen, A, Cleary, M, Hunt, GE & O’Connor, N 2016, 'Reconceptualizing involuntary outpatient psychiatric treatment: From “Capacity” to “capability”', Philosophy, Psychiatry and Psychology, vol. 23, no. 1, pp. 33-45.
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© 2016 by The Johns Hopkins University Press. Justifying involuntary psychiatric treatment on the basis of a judgment that a person lacks capacity is controversial because there are questions about the meaning and utility of the concept in this context. There are complexities to using capacity in this way, which are further amplified in the community outpatient setting compared with acute inpatient care. A richer account of capacity, its meanings, and practical applications in context, is required. This qualitative study sought to build inductively a model of capacity in the context of involuntary outpatient psychiatric treatment, based on 38 interviews with stakeholders from New South Wales, Australia. The emergent model incorporates multiple “capacities”: to manage illness, for self-care, and to maintain social roles. It identifies core values that correspond with the “capabilities approach,” elaborating the justifications and processes of involuntary outpatient psychiatric treatment. This proposed model of ”capability“ may have a range of benefits to sound and ethical practice and scrutiny of systems of involuntary outpatient treatment.

Luker, T 2016, 'Reading the Archive: Historians as Expert Witnesses', Flinders Law Journal, vol. 18, no. 2, pp. 241-267.
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In a substantial study into the relationship between law and history in Australian jurisprudence, Curthoys, Genovese and Reilly found that when historians appear as expert witnesses in Australian courts, they have often not been well received. While it is acknowledged that historians have particular skills in identifying relevant sources in archives, Australian courts have generally been resistant to the idea that they bring special interpretative skills, because lawyers and judges believe that the hermeneutic processes involved in the interpretation of historical documents is a skill in which they are already well versed. A number of developments have occurred in relation to the role of historians as experts in the decade since this study. For example, the Federal Court of Australia has introduced procedural rules for expert conferences and for the production of concurrent evidence of expert witnesses. In this article, I will discuss the legal reception of expert opinion evidence from historians through an investigation of what has happened in the period since the mid-2000s. This research suggests that the collision that occurred between historians and the law during the 1990s subsequently resulted in an impasse between the disciplines of law and history. Legal counsel are disinclined to call historians as expert witnesses; historians themselves have resiled from the role of witnesses, and have been critical of courts’ failure to recognise the particular value of their skills in reading an archive. The article will report on empirical research conducted into the role of historians as expert witnesses in Australia and will include reference to transnational research conducted in New Zealand and Canada.

Methven, E & Carter, DJ 2016, 'Serious Crime Prevention Orders', Current Issues in Criminal Justice, vol. 28, no. 2, pp. 227-238.
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Successive reforms in New South Wales (‘NSW’) have established far-reaching powers to curtail the liberties of those who were once convicted of various serious sexual and violent offences. Now, these powers have been significantly expanded, with the Executive Government asserting the ability to control the free movement, speech, association and work of NSW citizens and businesses via Serious Crime Prevention Orders (‘SCPOs’) under the Crimes (Serious Crime Prevention Orders) Act 2016 (NSW). This Comment surveys substantive and procedural aspects of SCPOs. We situate the orders as part of a continuing expansion of administrative detention and supervision regimes of a hybrid, quasi-criminal nature. We question whether the powers go too far by increasing the State’s powers to surveil and control a person’s or business’s activities under the justification of preventing crime. We also canvass the possibility that SCPOs will operate in a punitive (not merely preventative) manner.

Methven, EP 2016, '‘Weeds of Our Own Making’ Language Ideologies, Swearing and the Criminal Law', Law in Context, vol. 34, no. 2, pp. 117-130.
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In adjudicating offensiveness, judicial officers create and apply a number of ‘common sense’ judgments about how language works. These ‘language ideologies’ are rarely informed by, and are often contrary to, empirical research and linguistic literature; they are instead constructed through constant repetition of popular views and questionable assumptions. Through the cases Jolly v The Queen and Heanes v Herangi, this article examines how judicial officers construct realities about swear words in the criminal law. In the first part, I briefly set out the legal doctrine in relation to offensive language crimes. Following this, I draw on critical discourse analysis to critique language ideologies in offensive language cases. I argue that offensive language crimes, as they are currently framed and interpreted, encourage judicial officers to pick and choose from whichever linguistic or ‘folk-linguistic’ ideas they see fit, and enable them to elude the rigorous critiques to which linguists are exposed.

Mowbray, AS, Chung, PT & Greenleaf, GW 2016, 'A free access, automated law citator with international scope: the LawCite project', European Journal of Law and Technology, vol. 7, no. 3.
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Nicol, D, Bubela, T, Chalmers, D, Charbonneau, J, Critchley, C, Dickinson, J, Fleming, J, Hewitt, AW, Kaye, J, Liddicoat, J, McWhirter, R, Otlowski, M, Ries, NM, Skene, L, Stewart, C, Wagner, J & Zeps, N 2016, 'Precision medicine: Drowning in a regulatory soup?', Journal of Law and the Biosciences, vol. 3, no. 2, pp. 281-303.
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O'Connell, K 2016, 'Unequal Brains: Disability Discrimination Law and Children with Challenging Behaviour', Medical Law Review, vol. 24, no. 1, pp. 76-98.
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Opeskin, B 2016, 'Book Review of R Howard-Hassman and M Walton-Roberts(eds), The Human Right to Citizenship: A Slippery Concept (University of Pennsylvania Press, 2015)', International Journal of Refugee Law, vol. 28, pp. 355-359.
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Opeskin, B & Ghezelbash, D 2016, 'Australian Refugee Policy and its Impacts on Pacific Island Countries', Journal of Pacific Studies, vol. 36.
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Opeskin, B & Oakley, J 2016, 'Banter from the Bench: The Use of Humour in the Exercise of Judicial Functions', Australian Bar Review, vol. 42, pp. 1-25.
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Redmond, PM 2016, 'Corporations and human rights in a globalised economy: Some implications for the discipline of corporate law', Australian Journal of Corporate Law, vol. 31, no. 1, pp. 3-46.
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The argument made here is for a global perspective on corporate law in teaching and research in the wake of globalisation. Economic activity is now global in character. A new governance regime has emerged in response to globalisation’s subversion of state sovereignty, a web of polycentric transnational regulation of business with overlapping bodies of norms — public (international law and domestic corporate law), civil regulation and corporate governance systems — regulating the conduct of enterprises and their business relationships. Two distinct systems of transnational civil regulation are evident, the corporate social responsibility movement and UN initiatives to bring business into the international human rights framework through norms of responsibility to respect human rights. The article examines the tension between the state duty under international law to enable corporate respect for human rights and several core corporate law doctrines that pose obstacles to that responsibility. The article concludes by considering some implications of these developments for lawyers, law students and their professors.

Ries, N 2016, 'Innovation in Healthcare, Innovation in Law: Does the Law Support Interprofessional Collaboration in Canadian Health Systems?', Osgoode Hall Law Journal, vol. 54, no. 1, pp. 97-124.
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Interprofessional collaboration in health care describes a model of practice in which multiple health professionals work together in a team-based approach to patient care. A growing body of literature demonstrates that interprofessional collaboration advances health care quality and safety, improves patient outcomes and experiences of care, and promotes job satisfaction among health professionals. Governments and health organizations across Canada are working to advance interprofessional health care delivery. This article examines the importance of law in supporting a shift to interprofessional collaboration in Canadian health care and discusses two key aspects of the legal context in which health practitioners work. First, the article discusses trends in the legal regulation of health professions in Canada, including law reform initiatives aimed at promoting collaborative practice and at expanding scopes of practice to break down the historically siloed approach to health care delivery. Second, the article examines civil liability rules that courts apply when allegations of negligence are made against health care providers working in team-based situations. regarding responsibility for patient care and outcomes. The article illustrates how legal innovations, such as new models of health profession regulation and legal adaptability through judicial understanding of the modern context of health service delivery, are important to the advancement of interprofessional collaboration in Canadian health care.

Ries, N 2016, 'Lawyers and Advance Care and End-of-Life Planning: Enhancing Collaboration between Legal and Health Professions', Journal of Law and Medicine, vol. 23, no. 4, pp. 887-906.

Ries, N 2016, 'Prescribe with Caution: The Response of Canada’s Medical Regulatory Authorities to the Therapeutic Use of Cannabis', McGill Journal of Law and Health, vol. 9, no. 2, pp. 215-254.
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Canada was one of the first countries worldwide to legalize the use of cannabis for therapeutic purposes. The federally regulated cannabis access program has not had the support of medical regulatory authorities, however, and recent changes to federal rules are controversial in imposing responsibility on physicians to prescribe the drug, which is unapproved and illegal outside the medical use laws. This paper analyzes the response of Canada's ten medical regulatory authorities to these legal changes and provides critical commentary on the legal and ethical guidance provided to physicians who treat patients seeking to use cannabis therapeutically. The paper considers the role of doctors as gatekeepers, the profession's concerns about medico-legal risks of cannabis prescription, stigmatization and barriers to care for patients who use cannabis, and the need for research to continue to build the evidence base to inform therapeutic prescription of the drug. The Canadian experience provides lessons for other jurisdictions that are considering liberalizing cannabis use laws.

Ries, N, Douglas, M, Simon, J & Fassbender, K 2016, 'Doctors, Lawyers and Advance Care Planning: Time for Innovation to Work Together to Meet Client Needs', Healthcare Policy | Politiques de Santé, vol. 12, no. 2, pp. 13-18.
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Ries, N, Johnston, B & McCarthy, S 2016, 'Legal education and the ageing population: Building student knowledge and skills through practical experiences in collaboration with community organisations', Adelaide Law Review, vol. 37, no. 2, pp. 495-522.

Ries, N, Johnston, B & McCarthy, S 2016, 'Technology-Enabled Legal Service Delivery for Older Adults: What Can Law Learn from TeleHealth? Findings from an International Review of Literature', Elder Law Review, vol. 10.

Ries, NM, Douglas, M, Simon, J & Fassbender, K 2016, 'Doctors, Lawyers and Advance Care Planning: Time for Innovation to Work Together to Meet Client Needs.', Healthcare policy = Politiques de sante, vol. 12, no. 2, pp. 12-18.
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Health organizations in canada have invested considerable resources in strategies to improve knowledge and uptake of advance care planning (acp). Yet barriers persist and many canadians do not engage in the full range of acp behaviours, including writing an advance directive and appointing a legally authorized decision-maker. not engaging effectively in acp disadvantages patients, their loved ones and their healthcare providers. This article advocates for greater collaboration between health and legal professionals to better support clients in acp and presents a framework for action to build connections between these typically siloed professions.

Ryan, PA 2016, 'Examining breaches of fiduciary duty by solicitors in commercial arrangements', Australian Journal of Corporate Law, vol. 31, pp. 209-230.
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This article will identify two key distinctions that need to be made in order to understand the consequences of breach of fiduciary duty by solicitors operating under different circumstances. These distinctions are between (i) solicitors acting as a trustee in relation to an express trust and those assisting their clients with commercial transactions; and (ii) breaches of fiduciary duty by solicitors that involve dishonesty and those that do not. Of particular interest is the different approaches taken in English and Australian courts with respect to the question of causation. This article will focus on breach of custodial fiduciary duties where the solicitor acts on behalf of a client. However, it will also touch on the implications for solicitors who are directors of an incorporated legal practice and whose breach is in the course of his or her duties as a director. It will conclude that while a solicitor’s obligation to account follows from a breach of trust, the remedial consequences of a breach of fiduciary duty in commercial relationships demand an inquiry into whether the breach was fraudulent.

Ryan, PA & Evers, M 2016, 'As barristers embrace technology, it is a brave new world for their clerks', Australian Bar Review, vol. 42, pp. 350-358.
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Satchell, CS, Walton, M, Kelly, PJ, Chiarella, EM, Pierce, SM, Nagy, MT, Bennett, B & Carney, T 2016, 'Approaches to management of complaints and notifications about health practitioners in Australia', Australian Health Review, vol. 40, no. 3, pp. 311-318.
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© AHHA 2016. In 2005, the Australian Productivity Commission made a recommendation that a national health registration regimen and a consolidated national accreditation regimen be established. On 1 July 2010, the National Registration and Accreditation Scheme (NRAS) for health practitioners came into effect and the Australian Health Practitioner Regulation Agency (AHPRA) became the single national oversight agency for health professional regulation. It is governed by the Health Practitioner Regulation National Law Act (the National Law). While all states and territories joined NRAS for registration and accreditation, NSW did not join the scheme for the handling of complaints, but retained its existing co-regulatory complaint-handling system. All other states and territories joined the national notification (complaints) scheme prescribed in the National Law. Because the introduction of NRAS brings with it new processes and governance around the management of complaints that apply to all regulated health professionals in all states and territories except NSW, where complaints management remains largely unchanged, there is a need for comparative analysis of these differing national and NSW approaches to the management of complaints/notifications about health professionals, not only to allow transparency for consumers, but also to assess consistency of decision making around complaints/notifications across jurisdictions. This paper describes the similarities and differences for complaints/notifications handling between the NRAS and NSW schemes and briefly discusses subsequent and potential changes in other jurisdictions. Journal compilation

Satchell, CS, Walton, M, Kelly, PJ, Chiarella, EM, Pierce, SM, Nagy, MT, Bennett, B & Carney, T 2016, 'Corrigendum to: Approaches to management of complaints and notifications about health practitioners in Australia.', Australian health review : a publication of the Australian Hospital Association, vol. 40, no. 3, pp. 353-354.
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In 2005, the Australian Productivity Commission made a recommendation that a national health registration regimen and a consolidated national accreditation regimen be established. On 1 July 2010, the National Registration and Accreditation Scheme (NRAS) for health practitioners came into effect and the Australian Health Practitioner Regulation Agency (AHPRA) became the single national oversight agency for health professional regulation. It is governed by the Health Practitioner Regulation National Law Act (the National Law). While all states and territories joined NRAS for registration and accreditation, NSW did not join the scheme for the handling of complaints, but retained its existing co-regulatory complaint-handling system. All other states and territories joined the national notification (complaints) scheme prescribed in the National Law. Because the introduction of NRAS brings with it new processes and governance around the management of complaints that apply to all regulated health professionals in all states and territories except NSW, where complaints management remains largely unchanged, there is a need for comparative analysis of these differing national and NSW approaches to the management of complaints/notifications about health professionals, not only to allow transparency for consumers, but also to assess consistency of decision making around complaints/notifications across jurisdictions. This paper describes the similarities and differences for complaints/notifications handling between the NRAS and NSW schemes and briefly discusses subsequent and potential changes in other jurisdictions.

Saunders, C, Carter, D, Jordan, A, Duffield, CM & Bichel-Findlay, J 2016, 'Cancer patient experience measures - an evidence review', Journal of Psychosocial Oncology, vol. 34, no. 3, pp. 200-222.
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Objectives: This research investigates the instruments currently available to measure the cancer patient experience of health care. An investigation of the number of instruments, the domains covered by the instruments, and the structure and psychometric performance of instruments is undertaken. Methods: A narrative synthesis approach is used to gather evidence from multiple studies and explain the findings. Purposely broad search terms and strategies are used to capture studies with cancer patients at all stages of disease and across a range of cancer types and health care settings. Results: The majority of identified instruments were originally designed for the oncology field. Twelve of the studies developed new cancer patient measures; eight studies adapted existing or utilized items from existing instruments, and seven studies assessed the psychometric properties of existing instruments or assessed validated tools under different conditions (e.g., cross-cultural adaptation). The number of instruments assessing cancer patient experience that have sound psychometric properties across items was found to be low. The properties least tested are test–retest reliability, construct, convergent and discriminant validity, scale variability (floor/ceiling effects), and interpretability. Conclusion: This review examined 10 years of research on the development of instruments to measure the cancer patient experience of health care. It found that research in this area is still in early stages of development. Further inquiry based on development and validation of cancer patient experience measures is required to support improvements in cancer care based on the perspective of cancer patients.

Schofield-Georgeson, E 2016, ''Mad' Edwin Withers and the Struggle for Fair Trial Rights in NSW', Law & History, vol. 3, pp. 78-103.
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Since the 1980s, a number of fair trial rights and civil liberties have been eroded in Australia, particularly in respect to summary justice and police powers. This article traces the 'bottom-up' origins of some of those rights and liberties in colonial New South Wales. It focuses on the activist Edwin Withers and his interactions with the Parramatta magistracy in the mid 1840s. The Withers example enables us to see how some fair trial rights and civil liberties resulted from community-based social activism, which relied upon the legislature and higher court authority to become law. The importance of these rights - for example, the right to counsel, the right to a fair and impartial tribunal and protection against arbitrary detention - is demonstrated by the very fact that they issued from the working and middle classes and are implicated within wider class relationships involving residents of a local community. Using archival research and qualitative analysis, this article has important implications for Australian legal history in relation to the adoption of the Jervis Acts 1848 (UK), some of the first summary procedure legislation enacted within colonial NSW. The article demonstrates how the fair trial rights campaign at Parramatta resulted in amendment to the adopted Acts in the colony.

Seuffert, N & Vogl, AF 2016, 'Inequality and Austerity after the Global Financial Crisis: Law, Gender and Sexuality', Oñati Socio-Legal Series, vol. 6, no. 1, pp. 1-7.

Shields, J & Kirkby, D 2016, 'Editorial', Labour History, vol. 110, no. 1, pp. v-vi.
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Sibbritt, J. 2016, 'The failure of contemporary law and regulation to keep pace with growing complementary medicine (CM) use: The significance of examining 'hidden' gaps in Australia's current regulatory and legislative infrastructure'', Advances in Integrative Medicine, vol. 3, no. 2, pp. 43-44.
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Silink, AJ 2016, 'Causation in equitable estoppel', Australian Bar Review, vol. 43, pp. 320-320.
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Simm, G 2016, 'The Paris Peoples' Tribunal and the Istanbul Trials: Archives of the Armenian Genocide', Leiden Journal of International Law, vol. 29, no. 01, pp. 245-268.
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Simmonds, A 2016, 'Offshore: behind the wire on Manus and Nauru', The Journal of Pacific History, vol. 51, no. 4, pp. 480-481.
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Simmonds, AP 2016, 'Between Sentiment and Sea: The Meaning of Friendship in the Letters of Matthew Flinders', The Great Circle, vol. 38, no. 2.
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Simmonds, AP 2016, 'Empire by Treaty: Negotiating European Expansion, 1600–1900: Saliha Belmessous (ed)', Journal of Historical Geography.
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Simmonds, AP 2016, 'Gay Lotharios and Innocent Eves: Child Maintenance, Masculinities and the Action for Breach of Promise of Marriage in Colonial Australia', Law in Context, vol. 34, no. 1, pp. 58-75.
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This article will focus upon the action for breach of promise of marriage in colonial Australia to reflect more broadly on the legal regulation of intimacy. Drawing upon a database of 211 breach of promise cases, I seek to explain a contradiction: almost half of the female plaintiffs in my study had illegitimate children, although a lack of virtue operated as a complete defence for (predominantly) male defendants. In spite of this, a vast majority of the women were successful. This paradox is clarified through an examination of the action in contract treatises and through an analysis of the way that the action operated as a supplement to maintenance for women with children. I conclude with a close study of a breach of promise case involving illegitimacy, as a means of examining the informal and formal norms governing love (and its discontents) in colonial Australia

Steele, L 2016, 'Human Rights and Disability Advocacy', LAW & SOCIETY REVIEW, vol. 50, no. 1, pp. 263-266.
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Steele, L & Dowse, L 2016, 'Gender, Disability Rights and Violence Against Medical Bodies', AUSTRALIAN FEMINIST STUDIES, vol. 31, no. 88, pp. 187-202.
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Steele, L, Iribarne, M & Carr, R 2016, 'Medical Bodies: Gender, Justice and Medicine', AUSTRALIAN FEMINIST STUDIES, vol. 31, no. 88, pp. 117-124.
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Steele, LR 2016, 'Court-Authorised Sterilisation and Human Rights: Inequality, Discrimination and Violence Against Women and Girls with Disability?', UNSW Law Journal, vol. 39, no. 3, pp. 1002-1037.
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Since at least the early 1990s, disability rights advocates have argued for the prohibition of sterilisation of women and girls with disability without their consent (‘non-consensual sterilisation’) except in that small proportion of instances where there is a serious threat to life.1 In part, this argument has been framed in terms of human rights: the act of non-consensual sterilisation (except where there is a serious threat to life) is fundamentally an act of discrimination and violence which violates multiple human rights including the rights to equality and non-discrimination, freedom from torture and personal integrity. In recent years these arguments have been increasingly supported by international human rights bodies which have framed non-consensual sterilisation of women and girls with disability as a violation of human rights and urged states parties, including Australia, to prohibit the practice.

Steele, LR 2016, 'Review: Human Rights and Disability Advocacy', Law and Society Review, vol. 50, no. 1, pp. 263-266.

Steele, LR 2016, 'Review: Looking for Ashley: Re-reading What the Smith Case Reveals about the Governance of Girls, Mothers and Families in Canada', Current Issues in Criminal Justice, vol. 28, no. 2, pp. 253-256.
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Steele, LR, Dowse, L & Trofimovs, J 2016, 'Who is Diverted?: Moving Beyond Diagnosed Impairment Towards a Social and Political Analysis of Diversion', Sydney Law Review, vol. 38, no. 2, pp. 179-206.
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Diversion from the criminal justice system pursuant to s 32 of the Mental Health (Forensic Provisions) Act 1990 (NSW) is increasingly being deployed as a key response to the issues facing people diagnosed with cognitive impairment and/or mental illness in the criminal justice system. The ‘medical model’ of disability, which is focused on disability as an internal, individual pathology, contributes to the marginalisation of people with disability, notably by providing a legitimate basis for the legal and social regulation of people with disability through therapeutic interventions. The scholarly field of critical disability studies contests the medical model by making apparent the social and political contingency of disability, including the intersection of disability with other dimensions of politicised identity (such as gender and Indigeneity) and the role of law and institutions (including the criminal justice system) in the disablement, marginalisation and criminalisation of people with disability. Applying critical disability studies to s 32 problematises the characterisation of the legal subject with diagnosed impairment and this provides a new basis for questioning the coercion of people with disability through the criminal justice intervention of diversion. An empirical analysis of the diagnostics, demographics and criminal justice pathways of a sample of individuals who have received s 32 orders provides some material foundations for a more politically and socially directed analysis of s 32 and for a broader reflection on the role of the criminal law in issues facing people diagnosed with cognitive impairments and mental illness in the criminal justice system.

Stewart, P 2016, 'Drone danger: Remedies for damage by civilian remotely piloted aircraft to persons or property on the ground in Australia', Torts Law Journal, vol. 23, no. 3, pp. 290-319.
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Civilian use of drones (remotely piloted aircraft: RPA) in Australian skies is increasing at a dramatic rate. While there is a strict regulatory framework in which RPA operate, they have the capacity to cause significant damage to persons or property on the ground. This article evaluates the availability and scope of statutory and common law remedies for such damage demonstrating a complex matrix of potential accountability. Statutory strict liability under damage by aircraft legislation does not apply uniformly to all RPA with the definition of RPA as ‘aircraft’ the crucial determinant. Where the statutory remedy is unavailable, common law causes of action must be relied upon with the statutory safety regulations providing assistance in establishing liability. This article demonstrates that it would be appropriate for legislators to ensure uniform application of the strict liability regime to all RPA and for compulsory identification and insurance of RPA.

Stewart, PE & Silink, A 2016, 'Tort Law Reform to Improve Access to Compensation for Survivors of Institutional Child Sexual Abuse', University of NSW Law Journal, vol. 39, no. 2, pp. 553-595.
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Stoianoff, NP & Walpole, M 2016, 'Tax and the environment: an evaluation framework for tax policy reform - group Delphi study', Australian Tax Forum: a journal of taxation policy, law and reform, vol. 31, no. 4, pp. 693-716.
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This paper reports on the Delphi Study undertaken by the authors in the development of a tax policy analysis framework that can be utilised to evaluate the effectiveness of Environmental Tax Measures (ETMs), building that framework from a critical assessment of the menu of factors advanced as possibilities in the prior literature. The ETMs are more commonly referred to as tax concessions or subsidies and are a form of tax expenditure used by governments to intervene in markets and influence the behaviour of particular taxpayers or industries. Such concessions need to be evaluated to assess their efficiency and effectiveness among other criteria. The Delphi Study was undertaken by bringing together an international group of expert environmental taxation scholars (the Reference Group) to participate in a Roundtable held during the 16th Global Conference on Environmental Taxation at UTS in September 2015. This is a variation on the Group Delphi method. While the Delphi method is traditionally based on anonymity, the Group Delphi assembles the expert panel to take part in a structured communication process using rotating subgroups to address the relevant questionnaire(s) (applying Likert scaling) and open questions, building consensus and defining disagreement by employing plenary discussions between iterations to foster peer review. The Roundtable utilised a single group

Stuhmcke, A, Booth, T & Wangmann, J 2016, 'The Illusory Dichotomy of Plagiarism', Assessment and Evaluation in Higher Education, vol. 41, pp. 982-995.
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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-dichotomization of the current polarity of plagiarism will open space for alternative thoughtful considerations as to dealing with plagiarism positively in an institutional context.

Stuhmcke, AG 2016, 'Australian Ombudsmen: A Call to take care', Federal Law Review, vol. 44, no. 3, pp. 531-556.
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Resolution of disputes in Australia is frequently achieved by ombudsmen. Yet there is no uniform model of an ombudsman. Consequently, across Australian jurisdictions, the development of the institution has been ad hoc and fragmented. What has followed, however, has been the transformation of the institution to apply to new contexts, to the extent that it is questionable in some instances as to whether ‘ombudsman’ remains the appropriate descriptor for the institution. This article explains and critiques these developments, observes that the conditions which have created such change are set to continue and argues that care must be taken to protect citizen trust in the ombudsman brand.

Taylor, MP, Forbes, MK, Opeskin, B, Parr, N & Lanphear, BP 2016, 'The Relationship between Atmospheric Lead Emissions and Aggressive Crime: An Ecological Study', Environmental Health, vol. 15, no. 23, pp. 1-10.
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Background Many populations have been exposed to environmental lead from paint, petrol, and mining and smelting operations. Lead is toxic to humans and there is emerging evidence linking childhood exposure with later life antisocial behaviors, including delinquency and crime. This study tested the hypothesis that childhood lead exposure in select Australian populations is related to subsequent aggressive criminal behaviors. Methods We conducted regression analyses at suburb, state and national levels using multiple analytic methods and data sources. At the suburb-level, we examined assault rates as a function of air lead concentrations 15–24 years earlier, reflecting the ubiquitous age-related peak in criminal activity. Mixed model analyses were conducted with and without socio-demographic covariates. The incidence of fraud was compared for discriminant validity. State and national analyses were conducted for convergent validity, utilizing deaths by assault as a function of petrol lead emissions. Results Suburb-level mixed model analyses showed air lead concentrations accounted for 29.8 % of the variance in assault rates 21 years later, after adjusting for socio-demographic covariates. State level analyses produced comparable results. Lead petrol emissions in the two most populous states accounted for 34.6 and 32.6 % of the variance in death by assault rates 18 years later. Conclusions The strong positive relationship between childhood lead exposure and subsequent rates of aggressive crime has important implications for public health globally. Measures need to be taken to ameliorate exposure to lead and other environmental contaminants with known neurodevelopmental consequences

Tian, Y 2016, 'Current Issues of Cross-Border Personal Data Protection in the Context of Cloud Computing and Trans-Pacific Partnership Agreement: Join or Withdraw', Wisconsin International Law Journal, vol. 34, no. 2, pp. 367-408.
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van Rijswijk, HM 2016, 'Introducing complicity into the Australian imaginary: the Bethcar Case Study in the Royal Commission into Institutional Responses to Child Abuse', Australian Humanities Review, vol. 59, pp. 223-246.
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Vogl, A 2016, 'A Matter of Time: Enacting the Exclusion of Onshore Refugee Applicants through the Reform and Acceleration of Refugee Determination Processes', Oñati Socio-Legal Series, vol. 6, no. 1, pp. 137-162.
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State-based processes for determining refugee claims are crucial sites of inclusion or exclusion for onshore refugee applicants. This paper argues that cultures of disbelief and exclusion towards onshore refugee applicants are increasingly being enacted indirectly, via procedural reforms to Refugee Status Determination (RSD), which limit the ability of applicants to establish and articulate their claims. Focusing on Australia and Canada, this paper tracks the acceleration and truncation of RSD procedures, which first reflect and then frequently achieve the exclusion of onshore applicants. Two sets of reforms in particular have profoundly limited the terms on which applicants may present their claims. In Canada, this occurred as the result of a major overhaul of RSD that took place in December 2012. In Australia, the policy of ‘enhanced screening’ of applicants achieves the immediate screening-out of certain claims from the Australian determination system. Alongside analysing these reforms as a means of exclusion, this paper argues that the new procedures most disadvantage applicants making claims on the basis of gender-related persecution.

Wangmann, JM 2016, 'Different types of intimate partner violence - What do Family Law decisions reveal?', Australian Journal of Family Law, vol. 30, no. 2, pp. 77-111.
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In recent years the Australian family law system has started to refer to, and use, a growing body of sociological research which argues that intimate partner violence (IPV) is not homogenous, rather it is heterogeneous with key differences in terms of the pattern of violence, the presence of control, and the impact and consequences for the victim. Australia is not the only jurisdiction receptive to this work; interest is also seen in the USA and Canada. Since 2011 the Australian Family Law Courts have specifically referred to this work on typologies in the Family Violence: Best Practice Principles. This article explores the use of typologies by some judicial officers and other professionals working in the family law system. It does so through an analysis of 48 parenting decisions. It examines who perpetrated that violence, the nature of the violence alleged, which legal professional categorised the violence, and the parenting orders that were sought and made in the case. Questions are raised about what the use of typologies adds, if anything, to understandings of IPV in parenting decisions. The article raises a number of concerns about the formal recognition of differentiation within the family law arena (particularly at this point in time).

Wangmann, JM 2016, 'Has he been violent before? Domestic Violence Disclosure Schemes', Alternative Law Journal, vol. 41, no. 4, pp. 230-234.
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Wilding, D 2016, 'Media Reform: The Next Wave', LSJ: Law Society of NSW Journal, no. 22, pp. 76-77.
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Reform of Australia's media ownership rules has been under discussion for several years, with at least some aspects supported by the previous Labor governments as well as by the Turnbull Liberal government.

Wilkinson, GM 2016, 'The Human Rights (Parliamentary Security) Act 2011 (Cth) and the Increasingly Visible Intersections between the Human Right to Health and Intellectual Property in Australia', Intellectual Property Forum, no. 105, pp. 46-54.
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Health and intellectual property intersect in many ways. Patent, trade mark and copyright legislation provide limited monopolies as incentives for innovation and creation. This can encourage the development of new pharmaceuticals and diagnostic methods which address disease and illness. However these monopolies can often restrict or prevent public access to those pharmaceuticals or diagnostic methods and the copyright works that describe and analyse them. These restrictions can negatively impact on health outcomes for individuals and populations.

Booth, T 2016, 'Using a common law imagination to reconceptualise the sentencing hearing as a restorative event', Socio Legal Studies Association Conference, Lancaster University, UK.
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Increasingly, opportunities are being made available for victims and offenders to engage in restorative justice initiatives at multiple points in the criminal justice process across several common law jurisdictions including the United Kingdom, Australia, New Zealand and Canada. Examples of restorative initiatives at the sentencing point include: deferring the passing of sentence to allow a pre-sentencing restorative event to proceed outside of the courtroom in the UK and the use of circle sentencing for indigenous offenders as occurs in New South Wales. Restorative initiatives that impact directly on mainstream sentencing proceedings however – such as extending the purposes of sentencing to include restoration of the victim or enhancing victims’ entitlements to participate in the courtroom – are regarded as particularly controversial and resisted in many jurisdictions. This paper will explore restorative possibilities in the sentencing hearing and, in particular, Doak’s suggestion that such hearings should be restructured to reflect aspects of the partie civile model and relevant innovations at the International Criminal Court in order to be better responsive to victims’ interests (Doak, 2015). Using Shapland’s conception of the sentencing hearing as a ‘community forum’ that deals with the aftermath of crime (2010) as the frame, the paper will challenge the idea that restoration in mainstream sentencing hearings is well outside the perceived ‘normative boundaries’ of the ordinary legal proceedings. Findings of an ethnographic study of sentencing hearings in New South Wales will be used to highlight restorative possibilities that could contribute to the transformation of the sentencing hearing as a restorative event.

Dorsett, SG 2016, 'Protectors in the Court of the Colonised: Amelioration, Protection and Assimilation in Colonial New Zealand', American Society for Legal History Annual Meeting, Toronto.

Rawling, M 2016, 'Prevention of Effective Implementation of Supply Chain Regulation: A Road Transport Industry Case Study', Australian Labour Law Association 8th Biennial National Conference, Novotel St Kilda, Melbourne.

Rock, E 2016, 'Accountability in Australian Public Law', 2016 Postgraduate Workshop in Public Law, Gilbert + Tobin Centre of Public Law, University of New South Wales.

Rock, E 2016, 'What were they thinking? The role of fault in public law and accountability as a unifying theme', The Unity of Public Law, Cambridge University.

Schofield-Georgeson, E 2016, 'Who are the Subjects of Australian Criminal Law: Defining 'Colonised People' in Australian Legal History', Australia & New Zealand Law & History Society Conference, Perth.

Steele, LR 2016, 'Contesting Coercion: Court-Ordered Diversion and the 'Jursidictional Question' of Diagnosed Impairment', Intervention, Prevention and Punishment: Authenticity and Capacity in Mandated Treatment Academy of the Social Sciences in Australia (ASSA) Workshop, Melbourne, Australia.

Steele, LR 2016, 'Disaster, Law and Justice: Which Harms Count?', Symposium on Research, Practice and Teaching Related to Disaster and Developmental Social Work Practice, Wollongong, Australia.

Steele, LR 2016, 'Human Rights and Violence Against Women with Disability: Theoretical and Legal Barriers', Feminist Legal Studies Queen's Workshop Program, Queen's University, Kingston, Canada.

Steele, LR 2016, 'Policing Normalcy: Violence Against Women Offenders with Disability', Osgoode Hall Law School, York University, Toronto, Canada.

Steele, LR 2016, 'Sterilisation of Women with Disability, International Human Rights Law and (the Failure of) Australian Law Reform', Legal Intersections Research Centre Symposium, Wollongong.

Steele, LR 2016, 'Violence Against Women Offenders with Disability: Exploring Intersetions of Disability, Temporality and Affect', Challenging the Mental Illness Nexus, Brisbane, Australia.

Tian, Y 2016, 'Copyright and cloud computing', Training Program for Shanghai publishing executives delegation,, University of Technology Sydney.

Tian, Y 2016, 'Copyright protection in the context of cloud computing and the free-trade agreement', SAPPRFT Chinese Media Delegation, University of Technology Sydney.

Varnham, S, Waite, K, Olliffe, B & Cahill, A 2016, 'Student engagement in university decision-making and governance: How does Australia compare internationally?', Higher Education Research and Development Society of Australasia Annual conference, Fremantle, Australia.

Wangmann, JM 2016, 'Exploring gender differences in persons identified as domestic violence offenders in NSW, Australia', Law Society of Audstralia and New Zealand Annual Conference, 'Disruption, Temporality, Law: The Future of Law and Society Scholarship', Brisbane, Queensland, Australia.

Berg, LA, Banki, S, Stubbs, M, Duffill, P, Rice, S, Hartley, L, McGaughey, F, Kerdo, P & Orchard, P Office for Teaching and Learning, Cth 2016, Social Justice Exercise Manual.
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Berg, LA, Banki, S, Stubbs, M, Rice, S, Duffill, P, Kerdo, P, Hartley, L, Orchard, P & McGaughey, F Office of Teaching and Learning, Cth 2016, Social Justice Case Studies.
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Kaine, S & Rawling, MJ 2016, Cleaning Accountability Framework Audit Discussion Paper, pp. 1-16.

Nossar, I & Rawling, MJ 2016, Short Paper on the Australian Safe Rates Approach.

Schofield-Georgeson, E 2016, Submission on behalf of the NSWCCL to the NSW Law Reform Commission Review of the Guradianship Act 1987 (NSW).

Schofield-Georgeson, E 2016, Submission on Behalf of the NSWCCL to the NSW Parliamentary Committee Inquiry into Public Interest Disclosure Legislation.

Schofield-Georgeson, E 2016, Submission on behalf of the NSWCCL to the Queensland Legislative Assembly Legal Affairs and Community Safety Committee Inquiry into a Human Rights Act for Queensland.

Buckingham Shum, S, Knight, S, Gibson, AP, Ryan, P & Aitken, A 2016, 'Writing Analytics to Improve Formative Feedback'.
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Webinar for Transforming Assessment

Carter, DJ, Street, DJ & Bush, S 2016, 'Submission to Medical Board of Australia, Expert Advisory Group on Revalidation', pp. 1-14.

Gibson, A, Knight, S, Aitken, A, Buckingham Shum, S, Ryan, P, Jarvis, W, Nikolova, N, Tsingos-Lucas, C, Parr, A, White, A, Sutton, N & Tsingos-Lucas, C 2016, 'Using Writing Analytics For Formative Feedback'.

Harris, J & Ryan, P 2016, 'Blockchain and digital assets for insolvency practitioners'.
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Public seminar for insolvency practitioners on blockchain, Bitcoin and digital assets

Heino, B 2016, 'Book review - 'PostCapitalism: A Guide to Our Future'', SAGE Publications, pp. 557-560.

Joyce, D & Simm, G 2016, 'Zero Dark Thirty: International Law, Torture and Representation', Hart Publishing, Oxford and Portland, Oregan, pp. 491-502.
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This chapter explores the relationship between film and international law by reference to the feature film Zero Dark Thirty (2012). The authors examine this film in the context of international law, while also considering related questions of genre, torture, gender and targeted killing.

Methven, EP 2016, 'Is it OK to use the f-word in political protest?'.
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The "Fuck Fred Nile" case highlights the absurdity of criminalising "fleeting expletives" while allowing speech that depicts homosexuality as abnormal, unnatural and sinful.

Peetz, D & Schofield-Georgeson, E 2016, 'Restoring the construction watchdog ABCC: experts respond', The Conversation.
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Media Article

Ryan, PA 2016, 'Demystifying the blockchain: a basic user guide', The Conversation.
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Companies around the world are exploring blockchain, the technology underpinning digital currency bitcoin. In this Blockchain unleashed series, we investigate the many possible use cases for the blockchain, from the novel to the transformative.

Ryan, PA 2016, 'Don't blame Bitcoin for the madness of men', The Conversation.
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The technology that drives Bitcoin enables almost riskless storage and transfer of value and data.

Schofield-Georgeson, E 2016, 'ABCC Laws Pass the Senate', ABC Radio National, The World Today,.
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Radio Interview

Schofield-Georgeson, E 2016, 'Corporate-style regulation of unions won't defeat corruption', The Conversation.

Smith-Khan, L 2016, 'Aboriginal ways of using English', CAMBRIDGE UNIV PRESS, pp. 315-318.
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Smith-Khan, L 2016, 'Crucial communication: Language Management in Australian asylum interviews'.

Smith-Khan, L 2016, 'Different in the same way? Accommodating language, culture and disability in refugee assessment procedures and humanitarian assistance'.
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invited seminar presentation, co-hosted by Leicester Migration Network and the Unit for Diversity, Inclusion & Community Engagement

Smith-Khan, L 2016, 'Truly deserving? Credibility assessment in Australia refugee procedures'.

Wilding, D 2016, 'Policy Submission - Broadcasting Legislation Amendment (Media Reform) Bill 2016'.
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Submission to the Senate Environment and Communications Legislation Committee

Wilding, D 2016, 'Policy Submission - Privacy Guidelines for Broadcasters'.
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Submission to the Australian Communications and Media Authority

Wilding, D 2016, 'The Briefcase: Does Australia's 'Most Exploitative Reality Show' Breach Broadcasting Rules?'.

Wilding, D 2016, 'The Scandal of 60 Minutes: No Broadcasting Standards, No Investigation'.

Wilding, D, Dwyer, T, Fraser, M & Hitchens, L 2016, 'Policy Submission - Review of the Australian Communications and Media Authority - Draft Report'.
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Submission to Department of Communications and the Arts

Wilding, D, Dwyer, T, Fraser, M & Hitchens, L 2016, 'Policy Submission - Review of the Australian Communications and Media Authority: Issues Paper'.
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Submission to Department of Communications and the Arts