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. 35, No. 1, April

A Judicial Perspective on Tax Reform
[During the tax reform process which has taken place over the last 25 years, simplicity has invariably given way to equity or efficiency when these objectives have conflicted, resulting in an extremely complex and burdensome system. In this piece,...
David Hicks, Stern Hu, Scott Rush, Jock Palfreeman and the Legal Parameters of Australia's Protection of Its Citizens Abroad
[The arrest and detention of Australians overseas continues to make headline news. What Australia is able and willing to do to assist one of its nationals imprisoned abroad is a complex issue steeped in legal questions and political considerations....
Defining Civil Disputes: Lessons from Two Jurisdictions
[Court systems have adopted a variety, of mechanisms to narrow the issues in dispute and expedite litigation. This article analyses the largely unsuccessful attempts in two jurisdictions--the United States and Australia--to achieve early and efficient...
Misfeasance in Public Office: A Very Peculiar Tort
[Misfeasance in public office is the common law's only public law tort, because only public officials can commit it, and they must have acted unlawfully in the sense that they exceeded or misused a public power or position. This article examines who...
Morrison V. National Australia Bank Ltd.: Adventures on the Barbary Coast: Morrison and Enforcement in a Globalised Securities Market
[Although efforts have been made to develop international or harmonised regimes for the enforcement of securities law, the global architecture of securities regulation is underdeveloped. In particular, the harmonisation project may be sidelined by...
Statutory Interpretation: The Meaning of Meaning
[Statutory interpretation has replaced the analysis of judicial reasons about the common law as the most important task ordinarily performed by Australian lawyers. This was inevitable as the amount of law made by, or under, legislation increased and...
The New Consumer Guarantee Law and the Reasons for Replacing the Regime of Statutory Implied Terms in Consumer Transactions
[The new Australian Consumer Law ('ACL') contained in sch 2 of the Competition and Consumer Act 2010 (Cth) contains many of the consumer protection provisions from the renamed Trade Practices Act 1974 (Cth) ('TPA'). One new development is the consumer...
The New Surrogacy Parentage Laws in Australia: Cautious Regulation or '25 Brick Walls'?
[This article critically analyses recent law reforms that have taken place throughout Australia allowing for the transfer of legal parentage in surrogacy arrangements from the birth mother (and her partner, if any) to the 'intended parents'. Although...
Unsound Law: Issues with ('Expert') Voice Comparison Evidence
[Since the 1980s the volume of identification evidence derived from surveillance devices and telephones has increased dramatically. This article offers a critical analysis of the forensic use of voice comparison and identification evidence. First,...