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. 27, No. 1, April

A Blast from the Past: The Resurgence of Legal Formalism
[This article is a contribution to the dialogue between Justice Michael Kirby and John Gava on the nature of legal reasoning. In essence, Gava argues that Justice Kirby is an unelected judge who should stick to applying apolitical legal principles....
Another Blast from the Past or Why the Left Should Embrace Strict Legalism: A Reply to Frank Carrigan
[This article argues that Carrigan's criticism of Sir Owen Dixon's strict legalism provides a clear example of the preconceptions and misconceptions that blind most opponents of Dixon's method. It argues that Carrigan's examination of a series of labour...
Communication Strategies: Understanding the Racial and Religious Tolerance Act 2001 (Vic)
[The former Law Reform Commission of Victoria provided plain English guidelines for enhancing comprehensibility in legislation. The Racial and Religious Tolerance Act 2001 (Vic) is analysed using those guidelines. The results of the analysis reveal...
Employment Status of the Police in Australia
[A long-established rule of the common law is that police officers are not 'employees'. This article examines the origins of this rule, and argues that it is without proper foundation and also lacks modern support. The implications of the rule, particularly...
Fair Comment, Judges and Politics in Hong Kong
[Until recently, the Hong Kong courts assumed that the defamation defence of fair comment may be defeated by proof of malice--meaning improper motive. The Court of Final Appeal, through Lord Nicholls, recently held that only proof that the defendant...
How Shall We Punish the Perpetrators? Human Rights, Alien Wrongs and the March of International Criminal Law
International Criminal Law by Kriangsak Kittichaisaree (Oxford: Oxford University Press, 2001) pages i-v, 1-482. Price A$99.95 (softcover). ISBN 0 19 876577 0. The Pinochet Papers: The Case of Augusto Pinochet in Spain and Britain edited by Michael...
Law, War and Liberty: The World War II Subversion Prosecutions
[This, article examines one manifestation of the uneasy status of civil liberties in times of war--the prosecution of anti-war activists for offences under regulations made under the National Security Act 1939 (Cth). It argues that these prosecutions...
Osborne V Estate of Osborne: An Equitable Agreement or a Contract in Law: Merely a Matter of Nomenclature?
[It has been more than 200 years since the leading case on mutual wills was handed down in Dufour v Pereira. Despite the passage of time, there continues to be a comparative dearth of modern authority on this type of will. This area of the law was,...
The Interaction of Directors' Duties and Sustainable Development in Australia: Setting off on the Uncharted Road
[There is growing acceptance in corporate Australia that the long-term economic viability of business depends on the willingness and ability of companies to implement systems and policies to ensure that resources are utilised in a sustainable manner...
Who's Afraid of the Big Bad Fish? Rethinking What the Law Wishes to Have
[This article aims to re-evaluate the contribution of Stanley Fish to legal studies. In 'The Law Wishes to Have a Formal Existence', Fish accused the law of maintaining a formal, positivistic self-image as principled; an activity that rises above processes...