Melbourne University Law Review

Melbourne University Law Review is a periodical covering law. Since it was founded in 1957, it is published three times a year by the University of Melbourne.Subjects for Melbourne University Law Review include: Law.

Articles from Vol. 32, No. 1, April

An Analysis of Discretionary Rejection in Relation to Confessions
[The exercise of judicial discretion to reject legally admissible confessional evidence involves balancing a number of considerations. On the one hand, there is the desirable goal of admitting relevant evidence and bringing wrongdoers to conviction:...
Constitutional Choices in the Work Choices Case, or What Exactly Is Wrong with the Reserved Powers Doctrine?
[The decision of the High Court in the Work Choices Case presents a paradox. It is possible on one hand to read it as a revolutionary decision which has up-ended our conventional understanding of the scope and nature of the Commonwealth's power over...
Government Liability in Negligence
[The tort reform legislation of most Australian jurisdictions includes provisions directed specifically at protecting government defendants from civil liability. The legislation makes it harder to sue for breach of statutory duty, regulatory failure,...
Guilty Pleas or Trials: Which Does the Barrister Prefer?
[Barristers in England and attorneys in the United States have been upbraided for pursuing their interests to their clients' detriment in recommending guilty pleas over trials. While this accusation against American attorneys could be true since their...
Holding the Government to Account: The 'Stolen Wages' Issue, Fiduciary Duty and Trust Law
[This article examines whether trust or fiduciary law provides potential 'stolen wages 'plaintiffs with a strong basis for a claim over money in bank accounts that previous governments held on the plaintiffs' behalf It also considers the broader issue...
Incomplete Contracts, Contingent Fiduciaries and a Director's Duty to Creditors
[This article presents economic arguments for extending a limited form or fiduciary duty to creditors. It clarifies the two components of debtor-firm opportunism against creditors: director-opportunism and shareholder-opportunism. The analysis, carried...
In the Shadow of a Criminal Record: Proposing a Just Model of Criminal Record Employment Checks
[Requests for criminal record checks have increased significantly in recent years as employers focus on risk avoidance in seeking employees with no criminal record. This trend has coincided with local incidents, global fears and hardening 'law and...
'Know Thine Enemy as Thyself': Discerning Friend from Foe under Anti-Terrorism Laws
[The embedded nature of the terrorist risk appears to demand the treatment of one's neighbour as potentially both friend and foe. One of the consequences is the application of 'all-risks' policing measures, such as stop and search powers. But can this...
Leichhardt Municipal Council V. Montgomery: Non-Delegable Duties and Roads Authorities
[In Leichhardt Municipal Council v Montgomery, the High Court of Australia was faced with two important questions. It was required to rule on whether a roads authority, owes a non-delegable duty to a pedestrian using the road. The Court refused to...
Seven: The Corporations Act 2001 (Cth), Corporate Governance and Termination Payments to Senior Employees
[This article presents an empirical study of the regulation of termination payments found in Part 2D.2 of the Corporations Act 2001 (Cth) and Australian Securities Exchange ('ASX') Listing Rule 10.19, as well as limits endorsed in the Australian Council...
The Review of Australia's Asylum Laws and Policies: A Case for Strengthening Parliament's Role in Protecting Rights through Post-Enactment Scrutiny
[The central contention of this article is that there is a need for greater involvement of legislators in overseeing a systematic and rights-based scrutiny of the impact of legislation and policy. The recent operation of Australia's asylum laws and...