University of Western Sydney Law Review

Articles from Vol. 16, Annual

Australian Statutory Labour Law and the near Death Experience of the Doctrine of Managerial Prerogatives
I INTRODUCTION The study of how the different arms of the state apparatus operate is a fascinating and politically important aspect of a capitalist democracy. One of the key state apparatuses is the judiciary. Law exercises its authority in a number...
Board of Bendigo Regional Institute of Technical and Further Education V Barclay
I INTRODUCTION On 7 September 2012, the High Court of Australia unanimously allowed an appeal by the Bendigo Regional Institute of Technical and Further Education ('BRIT') from the Full Court of the Federal Court of Australia. (1) The High Court...
Developing National Civil Commitment Laws for the Mentally Ill
I INTRODUCTION This paper argues that Australia should develop national civil commitment laws (1) for the mentally ill, or, as a second preference, develop a model Australian legal approach that could be adopted by individual Australian jurisdictions....
Editor's Note
I am pleased to present Volume 16 of the University of Western Sydney Law Review. This edition presents topics drawn from a wide range of legal concerns which demonstrates the breadth of contemporary legal debate. I am pleased that the University...
Educating Culturally Sensible Lawyers: A Study of Student Attitudes about the Role Culture Plays in the Lawyering Process
ABSTRACT Lawyers' cultural experiences, biases, and perspectives may differ from those of clients, colleagues, and judges. Awareness of such differences is critical to effective representation because cultural perspectives may affect numerous aspects...
Enforcing Human Rights Incrementally: Review of Jeff King, Judging Social Rights (Cambridge University Press, 2012)
In Australia, discussion of Bills of Rights has tended to focus on the human rights statutes adopted in Victoria and the Australian Capital Territory, and the broader question of whether Australia should adopt a national Bill of Rights. However, it...
Fees? Not So Simple: Andrews and ORS V Australia New Zealand Banking Group Ltd [2012] HCA 30 (6 September 2012)
I INTRODUCTION On 22 September 2010 the appellants commenced representative proceedings in the Federal Court of Australia against the Australia New Zealand Banking Group ('ANZ') pursuant to Part IV of the Federal Court of Australia Act 1976 (Cth)....
Judicial Review for the Convicted Felon in Australia-A Consideration of Statutory Context and the Doctrine of Attainder
ABSTRACT The decision of Patsalis v State of New South Wales [2012] NSWCA 307 represents a fundamental development in the common law of Australia. The extent to which the Felons (Civil Proceedings) Act 1981 (NSW) applied to applications for judicial...
The 'Day Fine'-Improving Equality before the Law in Australian Sentencing
ABSTRACT In sentencing offenders in Australia to a fine it has long been considered uncontroversial that the principle of equality before the law is upheld. This is because similar sanctions are imposed on offenders convicted of the same offence...
The Keys to Opportunity-Education, Persistence and Hard Work
UNIVERSITY OF WESTERN SYDNEY LAW ALUMNI OCCASIONAL ADDRESS 2 NOVEMBER 2012, HILTON HOTEL SYDNEY Growing up and attending a state high school in outer western Sydney in the 1960s, I barely knew what judges did, much less that I would one day become...
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