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. 2, August

Balancing Rights in a Democracy: The Problems with Limitations and Overrides of Rights under the Victorian Charter of Human Rights and Responsibilities Act 2006
[Under the Charter of Human Rights and Responsibilities Act 2006 (Vic) ('Victorian Charter), the Victorian Parliament protects a range of civil and political rights. The rights are subject to restricting provisions, including a general limitation...
Beyond the Torrens Mirror: A Framework of the in Personam Exception to Indefeasibility
[One of the central tenets of the Torrens system is that the registered proprietor is conferred indefeasible title. Indefeasibility of title is subject to an in personam exception. The content of the in personam exception to indefeasibility has...
Detention of Civilians on Military Operations: Reasons for and Challenges to Developing a Special Law of Detention
[The taking and handling of civilian detainees during contemporary military operations is increasingly subjected to political, media and judicial scrutiny. This article argues that the most effective and efficient means of ensuring greater certainty,...
How Much Does It Hurt? How Australian Businesses Think about the Costs and Gains of Compliance and Noncompliance with the Trade Practices Act
[Law-makers, courts and regulators all assume that businesses' compliance with the law is at least partly influenced by management's rational calculations about the costs and gains of compliance and noncompliance. In this article, the authors use evidence...
Mixed Messages on Sexual Assault and the Statute of Limitations: Stingel V. Clark, the Ipp 'Reforms' and an Argument for Change
[This article examines the application of limitation periods to civil actions for sexual assault, with particular reference to the High Court of Australia's decision in Stingel v Clark and the 'reforms' enacted pursuant to the recommendations of...
Model Advocates or a Model for Change? the Model Equal Opportunity Briefing Policy as Affirmative Action
[This article considers a recent regulatory approach to addressing disadvantage experienced by women at the Australian Bar. The Model Equal Opportunity Briefing Policy for Female Barristers and Advocates ('MBP') developed by the Law Council of Australia...
Roads and Traffic Authority of New South Wales V. Dederer: Negligence and the Exuberance of Youth
[This case note examines the decision of the High Court of Australia in Roads and Traffic Authority of New South Wales v Dederer, which marks the common law's continued departure from shared liability for tragic accidents into the realm of personal...
Substantive Legitimate Expectations in Australian Administrative Law
[Judicial review of administrative action has" traditionally had a procedural focus. This means that courts examine the procedure by which a decision is made, rather than the decision itself. A denial of natural justice is no exception to review--a...
The Cohabitation Rule: Indeterminacy and Oppression in Australian Social Security Law
[This article argues that the cohabitation rule in Australian social security law is uncertain and has, as a consequence, given rise to an oppressive administrative regime. It tracks the indeterminate nature of the rule as a constant feature throughout...
The (Limited) Significance of the Individual in Section 117 State Residence Discrimination
[The High Court of Australia has yet to resolve a clash of paradigms that pervades the reasoning in Street v Queensland Bar Association, the leading case on the Constitution's s 117 prohibition of discrimination on the basis of interstate residence....
The Stolen Generations and Litigation Revisited
[Litigation for the so-called 'Stolen Generations" had been demonstrably unsuccessful until the recent case of Trevorrow v South Australia [No 5] ('Trevorrow '). This article explores in detail the Trevorrow decision and offers some comment on the...