Category: Uncategorized

Newhouse, George; Talbot, Anna; Dorostkar, Keyvan On 28 August 2019, the Full Federal Court of Australia handed down its decision in four test cases selected by the Court as representative of over 50 cases brought on behalf of asylum seekers on Nauru and Papua New Guinea against the Minister for Home Affairs (the test cases)….

Raj, Senthorun This reflection explores how emotion shapes lesbian, gay, bisexual, transgender and intersex (LGBTI) rights and law reforms. Drawing on case studies from Australia, the United Kingdom, and the United States, the author maps how disgust regulates sexuality, hate manifests in hate crime penalties, anger arises in anti-discrimination measures, fear polices refugee law, anxiety…

Smith-Khan, Laura This article explores the important communicative roles that Australian migration lawyers and agents play when assisting refugee visa applicants, with particular attention to how they contribute to the (re)construction of applicant credibility. It identifies a range of communicative choices and concludes that practitioners have a variety of individual beliefs and skills that lead…

Giancaspro, Mark This article considers whether contracts to purchase ‘haunted’ objects are legally enforceable under Australian contract law. ‘Dybbuk boxes’, and related paraphernalia said to be possessed by spirits, are becoming increasingly popular on online shopping sites and as tourist attractions following recent high-profile incidents involving celebrities such as American rapper and record producer Post…

Wen, Wei Gift cards are valid for a limited period of time and consumers cannot get refunds for any unused and expired monetary credit balance. Despite the recent federal and NSW gift card reforms, the reforms do not mandate gift cards to be refundable. By comparison, section 24 of the Australian Consumer Law may render…

Schofield-Georgeson, Eugene Corporate crime causes significant social and environmental harm and its sentencing is frequently ineffective due to the ability of corporations to pass-on monetary fines to stakeholders such as workers and consumers. This article investigates the notion of equity fines or share dilution as an alternative corporate punishment that avoids the pitfalls of conventional…

O’Brien, Melanie Being a woman is exhausting. The hashtag #EveryDaySexism remains relevant to women’s daily experiences, all over the world. Women have to: think about when and where they walk or run; assess where they will sit on public transport; deal with strange men following them to their car; hear vulgar comments on their appearance…

Gray, Anthony The Council of Attorneys-General is currently reviewing Australia’s existing uniform defamation laws. This article suggests three significant reforms that would improve the existing law. Article source: https://search.informit.com.au/documentSummary;dn=247315446136541;res=IELHSS

Villarino, Jose-Miguel Bello y Ramona Vijeyarasa recently published in this journal an article advocating for the law in general, and legislation in particular, to be gender responsive. She argued that to redress gender inequality, the law must address the different needs and position of women. Here I propose a bigger scope for the intervention needed…

Stewart, Pamela; Stuhmcke, Anita Judicial analytics is the use of data to monitor, understand and predict judicial behaviour. This is a global phenomenon and a cause for both celebration and concern. Given the unique role of courts and the potential for judicial analytics to undermine the rule of law, there is a need to review…