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. 3, December

Abandonment, Copyright and Orphaned Works: What Does It Mean to Take the Proprietary Nature of Intellectual Property Rights Seriously?
[For many years there was doubt as to whether personal property could be abandoned In more recent times, however, the existence of a doctrine of abandonment has been solidifying in relation to chattels. In this article the authors suggest that copyright...
A Decade of Australian Anti-Terror Laws
[This article takes stock of the making of anti-terror laws in Australia since 11 September 2001. First, it catalogues and describes Australia's record of enacting anti-terror laws since that time. Second, with the benefit of perspective that a decade...
Adverse Possession and Title-by-Registration Systems in Australia and England
[The doctrine of adverse possession has had a long history in English law and was inherited by the Australian legal system from England. Adverse possession arose in and was suited to a land law system based on possession and relativity of title. However,...
A PPSA Registration Primer
[The Personal Property Securities Act 2009 (Cth) ('PPSA) came into effect on 30 January 2012. Among other things, the PPSA introduces a comprehensive new registration system for security interests in personal property. This article explains the elements"...
Bargaining with Defensive Homicide: Examining Victoria's Secretive Plea Bargaining System Post-Law Reform
[In November 2005, the Victorian government introduced a series of homicide law reforms, central to which was the implementation of a new offence of defensive homicide. The reforms followed from significant debate surrounding the use of the partial...
Construction Litigation: Are We Doing It Better?
[This article provides the first in-depth scholarly examination of the substantive procedural reforms recently implemented in the Technology, Engineering and Construction List ('TEC List') of the Supreme Court of Victoria. The authors determine whether...
'In a Kind of Mad Way': A Historical Perspective on Evidence and Proof of Mental Incapacity
[This article examines the evidential and procedural aspects of claims based on mental incapacity in English courtrooms in the 'long' 18th century. It employs a frame the author has termed 'manifest madness' to analyse how such claims were articulated...
Regulating the Regulators: Accountability of Australian Regulators
[This article examines the accountability of Australian regulators, focusing on the Australian Securities and Investments Commission and the Australian Prudential Regulation Authority. It defines what is meant by accountability and what regulators...
Religious Charitable Status and Public Benefit in Australia
[The Commonwealth government proposes to enact a statutory definition of religious charity. Whether religious groups should prove that they provide public benefit in return for charitable status is contentious and the current law is confused. Moreover,...
Restatement (Third) of Restitution and Unjust Enrichment by the American Law Institute
Restatement (Third) of Restitution and Unjust Enrichment by the American Law Institute (St Paul: American Law Institute, 2011) vol 1, pages v-xxxvi, 1-670; vol 2, pages iii-xxxii, 3-745. Price US$131.00 (hardcover) each. ISBNs 978-0-314-02062-4 and...
Sir Zelman Cowen: 7 October 1919-8 December 2011
[ILLUSTRATION OMITTED] In this issue the Melbourne University Law Review Association pays tribute to Sir Zelman Cowen AK GCMG GCVO QC, former Governor-General of Australia, who in 1957, while Dean of the Faculty of Law at the University of Melbourne,...
The Behaviour of Serial Child Sex Offenders: Implications for the Prosecution of Child Sex Offences in Joint Trials
[This article summarises the literature on child sex offender ('CSO') recidivism and sexual behaviour, in order to consider the implications for the rules used at common law and under the uniform Evidence Acts ('UEAs') for excluding propensity/tendency...
The Criminal Law - a 'Mildly Vituperative' Critique
[Criminal law in Victoria is currently plagued by delay, long trials and a high rate of successful appeals. One factor common to these problems is the extraordinary complexity that now attends most aspects of the criminal law, as illustrated by the...
The Crown's Radical and Native Title: Lessons from the Sea:
[This two part article examines the legal nature of the Crown's title to the sea (including the intertidal zone and the territorial sea as well as the continental shelf and the Exclusive Economic Zone beyond the territorial sea) to determine whether...
The Legal Structures of Responsible Government and Ministerial Responsibility
[The public administration reforms contained in the Public Service Act 1999 (Cth), Financial Management and Accountability Act 1997 (Cth) and Commonwealth Authorities and Companies Act 1997 (Cth) apparently devolve 'responsibility' to Agency Heads,...