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. 31, No. 2, August

Barnes V Addy Claims and the Indefeasibility of Torrens Title
[This article considers the proper relationship between Barnes v Addy claims and the indefeasibility of Torrens title. In some recent Australian cases, including Farah Constructions Pry Ltd v Say-Dee Pty Ltd, courts have regarded this question as an...
'Light Touch' Labour Regulation by State Governments in Australia
[The federal government's Work Choices legislation has taken over much of the jurisdiction of state governments to regulate labour practices in the conventional manner. There are already indications that the states are considering more creative forms...
Limitations of a Charter of Rights in the Age of Counter-Terrorism
[A central claim made by Australian proponents of a charter of rights like the Charter of Human Rights and Responsibilities Act 2006 (Vic) ('Victorian Charter) is that it will improve the protection of human rights in the field of counter-terrorism....
Never Say 'Never' for the Truth Can Hurt: Defamatory but True Statements in the Tort of Simple Conspiracy
[This article examines the remedies arising from the publication of defamatory but true statements under the tort of simple conspiracy. The English Court of Appeal in Lonrho plc v Fayed [No 5] held that, in such a case, loss of reputation is not recoverable...
Open Justice and Suppressing Evidence of Police Methods: The Position in Canada and Australia
[The purpose of this article is to identify and analyse, from the perspective of the principle of open justice, the response of courts in Canada and Australia when requested by the police to suppress publication in the mass media of evidence given...
Organisms and Manufactures: On the History of Plant Inventions
[This article examines the nature of the invention in intellectual property law. Taking the United States' Plant Patent Act of 1930 as its central focus, it explores the terms in which the compatibility of biological inventions with the modern paradigm...
Pleading and Proving Foreign Law in Australia
[Foreign law lies at the heart of private international law. After all, a true conflict of law cannot be resolved unless and until the content of foreign law is established. Despite this, the pleading and proof of foreign law remain among the most...
Radio 2UE Sydney Pty Ltd V Burns (EOD), Commonwealth V Wood (Dagger) T Trust Co of Australia Ltd (T/AS Stockland Property Management) V Skiwing Pty Ltd (T/AS Cafe Tiffany's) (Double Dagger) Attorney-General (NSW) V 2UE Sydney Pty Ltd (Dagger): State Tribunals and Chapter III of the Australian Constitution
[This case note discusses a quartet of recent cases involving state tribunals and Chapter III of the Australian Constitution. Each of these cases addresses previously uncontroversial aspects of the distribution of judicial power between the Commonwealth...
Sir Ronald Wilson: An Appreciation
[Sir Ronald Wilson (known by his own wish to all as Ron Wilson) was short in stature and long in energy. He was a person who devoted himself passionately to all causes in which he believed. Most of these were derived from or constituted by his religious...
Sons of Gwalia Ltd V Margaretic: The Shifting Balance of Shareholders' Interests in Insolvency: Evolution or Revolution?
[In Sons of Gwalia, the High Court of Australia found that shareholders who had been allegedly induced into purchasing shares in a company shortly prior to its insolvency by misrepresentations and inadequate market disclosure were able to lodge claims...
The Problem of Classification in Private Law
[The critics of Peter Birks' insistence that we should be able to draw a map of the law fail to appreciate fully what this mapping is meant to achieve. Mapping the law, properly understood, does not seek to deny that the law is a dynamic phenomenon....
Tort Law, Policy and the High Court of Australia
[This article concerns the High Court of Australia's use of policy in deciding torts cases, particularly in negligence. It examines the Court's stated position on the use of policy reasoning and compares this with its actual practice. The argument...