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. 2, August

Analysing Implicit Tax Expenditures
[For almost three decades, the Australian Treasury has issued an annual 'tax expenditure statement' detailing concessions in Australia's tax laws. It was originally argued that tax expenditure budgets (the international term for these statements) would...
Authorship and Fixation in Copyright Law: A Comparative Comment
[The present comment considers an issue that has received little discussion in the common law world: namely whether fixation and authorship are parts of the same creative act in relation to literary, dramatic and musical works. The importance of the...
International Trade Law Implications of Australia's National Broadband Network
[Australia's National Broadband Network has come under intense domestic scrutiny and is also being closely monitored by international stakeholders. However, the focus on local political and legal issues obscures a broader potential problem: ensuring...
Lawyers, Advocacy and Child Protection
[In child protection matters, parents and children interact with the legal system at a time of great vulnerability and distress. There are significant power imbalances between parents and children on the one hand, and child protection officers on the...
Masefield AG V Amlin Corporate Member Ltd: The Bunga Melati Dua: Piracy, Ransom and Marine Insurance
[The issue of piracy rarely comes before the courts, but the recent spike in piratical activity off the coast of Somalia has seen it reappear. This case note discusses one cargo owner's attempt to claim loss by piracy against a marine insurance policy,...
Navigating the Politics of Charity: Reflections on Aid/Watch Inc V Federal Commissioner of Taxation
[This article analyses the decision of the High Court in Aid/Watch Inc v Federal Commissioner of Taxation, in which a majority of the Court ruled that an organisation was not necessarily excluded from charitable status because it had a main or dominant...
Problem-Solving Courts, Therapeutic Jurisprudence and the Constitution: If Two Is Company, Is Three a Crowd?
[Court costs, resource-intensive trials, booming prison populations and the obduracy of recidivism rates all present as ugly excesses of the criminal law adversarial paradigm. To combat these excesses, problem-solving courts have evolved with an edict...
Sir John Latham's Extra-Judicial Advising
[Sir John Latham served as Chief Justice of the High Court from 1935 to 1952, his appointment to the bench following closely on his earlier career in conservative politics. While publicly, Latham's conduct as Chief Justice conformed to the general...
The Common Law Principle of Legality in the Age of Rights
[In April 2010 the Australian government released its Human Rights Framework ('HRF'). The HRF was its formal response to the report of the National Human Rights Consultation Committee, chaired by Father Frank Brennan AO. Importantly, the HRF rejected...
The Constitutional Prohibition on Religious Tests
[Section 116 of the Australian Constitution sets out four important guarantees of religious freedom. The fourth clause of that section provides' that 'no religious test shall be required as a qualification for any office or public trust under the Commonwealth...
The Crown's Radical Title and Native Title: Lessons from the Sea
[The High Court's decision in Commonwealth v Yarmirr raised the important question of whether the Crown's acquisition of sovereignty over the territorial sea was accompanied by the vesting of radical title which could thus be burdened by native title....
The Dodd-Frank Wall Street Reform and Consumer Protection Act: Unresolved Issues of Regulatory Culture and Mindset
[The Dodd-Frank Act constitutes the most significant reform of financial regulation in the United States since the 1930s. Some of its provisions are bold, particularly in the areas of consumer protection and derivative trading. However, the political...
What Kind of Equality Can We Expect from the Fair Work Act?
[Drawing on the equality scholarship of Nancy Fraser and Sandra Fredman, the first question I explore in this paper is whether the historical separation of anti-discrimination laws from the regulation of wages and conditions of work through labour...
Worsnop V the Queen: Subjective Belief in Consent Prevails (Again) in Victoria's Rape Law
CONTENTS I Introduction II Rape Law Reform in Victoria III The Worsnop Decision IV After Worsnop V Further Reform? VI Options for Reform VII Conclusion I INTRODUCTION Rape laws in Australia and other common law countries have been reformed...