Author: Don MacDowall

Curran, Liz This article explores how, as a society, we might be able to better respond to women and children experiencing family violence. Through the lens of reflective practice as a lawyer, researcher, service evaluator and personal experience this article shares elements of good and effective practice to address earlier the tell-tale signs of family…

Skead, Natalie; Tulich, Tamara; Murray, Sarah; Tubex, Hilde In recent decades, Australian states and territories have introduced a raft of legislation aimed at stripping those involved in criminal activity of their ill-gotten gains. However, in doing so, this far-reaching legislation has the potential to undermine legal principles and protections. We recently completed a study into…

Hannath, Luke This article observes interpretive issues that may arise when Aboriginal witnesses give evidence in western courtrooms. The author highlights this problem by observing native title claims in Australia. Two broad circumstances arise that present unique issues: first, when Aboriginal witnesses require interpreters for assistance in giving evidence, and second, when Aboriginal witnesses do…

Young, Stephen This article summarises a recent South African case, Baleni v Minister of Mineral Resources. It also analyses the Court’s reasoning to explore how a non-Australian common law state protects a traditional community’s customary laws and practices through legislation, a Constitutional Bill of Rights, and international law. Although a South African case, Baleni demonstrates…

Barker, Renae The Commonwealth and all states and territories provide exemptions for religious organisations and schools from anti-discrimination laws. However, it is unclear how and when these exemptions are being used by religious organisations. This article argues that all religious organisations who rely on exemptions in anti-discrimination laws should be required to be transparent in…

Corr, Robert In his article, ‘As easy as riding a bike? How mandatory bicycle helmet laws harm those who can least afford it’, Carlo Dellora questions an unintended consequence of compulsory helmet laws. Drawing on his time working in the Special Circumstances List at the Melbourne Magistrates’ Court, Dellora argues for reform to address the…

Zheng, Gina There is no denying that human rights play an integral role in our social and legal existence. However, contemporary developments of rights-based discourse have become preclusive to cultural accommodation. Drawing on a case-study of the application ofWestern conceptions of human rights in Papua New Guinea, this work will illustrate Mutua’s argument that the…

Joy, Joanna This is an experiment with legal storytelling scholarship. This role play advocates the importance of female voices, through their absence. It seeks support for the feminist movement by arguing equality on male terms. The sad hypothesis is that perhaps greater sympathy can be gained when we move away from female-centeredness and focus on…

Stevenson-Graf, Lindsey This article considers whether different types of Clinical Legal Education (CLE) programs have the same potential to provide a transformative learning experience for students. The author uses Mezirow’s theory to postulate that, although addressing a societal need, ‘missing middle’ Clinical Legal Education programs – those that assist middle-income Australians – may not provide…

Grenfell, Laura; Koch, Cornelia This article reflects on internship courses offered by Australian law schools. It focuses on the barriers faced by students in gaining and undertaking legal internships. In regard to overcoming the financial barriers, it recommends a government student-loan scheme to support students undertaking internships within Australia. Article source: https://search.informit.com.au/documentSummary;dn=699319749108091;res=IELHSS