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. 36, No. 2, August

Can the Common Law Adjudicate Historical Suffering?
[The case of South Australia v Lampard-Trevorrow opens up key questions about the capacity and willingness of the common law to adjudicate past acts of the state. This article considers the significance of the appeal decision by examining what distinguishes...
Conduct of Laws: Native Title, Responsibility, and Some Limits of Jurisdictional Thinking
[It is now twenty years since the High Court of Australia designated 'native title' as the site of engagement of Australian common law and jurisprudence with Indigenous law and jurisprudence in Mabo v Queensland [No 2]. Common law jurisprudence, however,...
Legal Emigres and the Development of Australian Tort Law
[The intellectual history of Australian private law remains largely unwritten because Australia was seen as merely following the law as laid down in England. This article challenges the traditional paradigm by considering the influence of a number...
Making Sense of the Compensation Remedy in Cases of Accessorial Liability under the Fair Work Act
[The Fair Work Act 2009 (Cth) substantially reorganised and altered the law relating to civil penalty provisions as it existed in the Workplace Relations Act 1996 (Cth). However, there is uncertainty as to the availability of the compensation remedy...
Mandatory Sentencing for People Smuggling: Issues of Law and Policy
2 Noncompliance with Obligations under the Refugees Convention There is a further danger that, when combined with the existing provisions on criminal responsibility, (230) the statute may attribute accessorial liability to refugees, (231) contravening...
Prosecutorial Guidelines for Voluntary Euthanasia and Assisted Suicide: Autonomy, Public Confidence and High Quality Decision-Making
[This article proposes offence-specific guidelines for how prosecutorial discretion should be exercised in cases of voluntary euthanasia and assisted suicide. A similar policy has been produced in England and Wales but we consider it to be deficient...
Siblings but Not Twins: Making Sense of 'Mutual Trust' and 'Good Faith' in Employment Contracts
[Since the 1970s English employment law has recognised a duty not to destroy mutual trust and confidence in the employment relationship and has developed more general duties of good faith and fair dealing at work. Australian employment contract law,...
The Extraordinary Questioning and Detention Powers of the Australian Security Intelligence Organisation
[The Australian Security Intelligence Organisation Legislation (Terrorism) Amendment Act 2003 (Cth) is the most controversial piece of anti-terrorism legislation passed by the Commonwealth Parliament. The Act created a system of warrants that permit...
The Three 'R's of Recent Australian Judicial Activism: Roach, Rowe and (No) 'Riginalism
[In this article the author argues that two recent High Court of Australia decisions, Roach v Electoral Commissioner and Rowe v Electoral Commissioner, are prime examples of judicial activism, of judges employing interpretive techniques that have the...
The Truth about Honesty and Candour in Mediation: What the Tribunal Left Unsaid in Mullins' Case
[Some commentators have suggested that, as a result of the decision in Legal Services Commissioner v Mullins, legal representatives owe different standards of honesty and candour in mediation from that which they owe in litigation. This article challenges...
What/whose Knowledge? Restraints of Trade and Concepts of Knowledge
[Where are the courts currently drawing the lines, between the employer's confidential information and connections with customers and the employee's own explicit, tacit and personal knowledge, when they are asked to enforce restraints of trade? As...