Law publications
Permanent URI for this collection
Our publications contribute to the ongoing development of law and public policy and to the life of the Australian community. As such, the Law Publications page ensures that scholars, judges, legislators, lawyers, and students can readily locate the cutting-edge research of the University of Adelaide Law School.
Browse
Browsing Law publications by Title
Now showing 1 - 20 of 1792
Results Per Page
Sort Options
Item Metadata only 2007 Annual survey of recent developments in Australian private international law(Centre for International and Public Law, 2009) Anderson, K.; Pham, K.; Davis, J.Item Metadata only 2008 Survey of developments in Australian private international law(Centre for International and Public Law, 2010) Lu, A.; Anderson, K.; Pham, K.Item Open Access 2014 future earth young scientists conference on integrated science and knowledge co-production for ecosystems and human well-being(Multidisciplinary Digital Publishing Institute, 2014) Shiue, I.; Samberg, L.; Kulohoma, B.; Dogaru, D.; Wyborn, C.; Hamel, P.; Jørgensen, P.; Lussier, P.; Sundaram, B.; Lim, M.; Tironi, A.Effective integration in science and knowledge co-production is a challenge that crosses research boundaries, climate regions, languages and cultures. Early career scientists are crucial in the identification of, and engagement with, obstacles and opportunities in the development of innovative solutions to complex and interconnected problems. On 25–31 May 2014, International Council for Science and International Social Science Council, in collaboration with the International Network of Next-Generation Ecologists and Institute for New Economic Thinking: Young Scholars Initiative, assembled a group of early career researchers with diverse backgrounds and research perspectives to reflect on and debate relevant issues around ecosystems and human wellbeing in the transition towards green economy, funded by the German Research Foundation, at Villa Vigoni, Italy. As a group of young scientists, we have come to a consensus that collaboration and communication among a diverse group of peers from different geographic regions could break down the barriers to multi-disciplinary research designed to solve complex global-scale problems. We also propose to establish a global systematic thinking to monitor global socio-ecological systems and to develop criteria for a “good” anthropocene. Finally, we aim to bridge gaps among research, the media, and education from a governance perspective linking with “sustainable development goals”.Item Metadata only 26N South Australia(Thomson Lawbook Co, 2011) Leadbeter, P.; McLeod, G.Item Metadata only A review of family provision laws in South Australia: Distinguishing between the deserving and undeserving(Law Society of South Australia, 2018) Plater, D.; Villios, S.'This case raises some profound questions about the nature of family obligations, the relationship between family obligations and the state, and the relationship between the freedom of property owners to dispose of their property as they see fit and their duty to fulfil their family obligations.’Item Metadata only A 'telephone exception' to hearsay?(LexisNexis Australia, 2008) Taylor, G.It cannot be doubted that the rule against hearsay can have undesirable results. As a result suggestions for reform are frequently made. However, it is not the case that all possible liberalisations of the rule against hearsay are improvements. One such is the suggested‘telephone exception’ put forward in the mid-90s in the High Court of Australia. As a matter of authority, the suggestion has not been definitively accepted or rejected. Two reasons are given here for rejecting it. First, a look at the law in other common law jurisdictions, starting almost as soon as the telephone was invented and continuing to the present day, indicates that such an exception is recognised nowhere else, and that the hearsay rule, properly applied, allows in many if not most statements of real probative value. Secondly, psychological studies confirm the speciousness of what pass for the empirical arguments for a special telephone exception.Item Metadata only A beautiful English bloom(The Law Society of N.S.W., 2003) Gava, J.Item Restricted A brief history of the judicial review of legislation under the Australian Constitution(Australian National University, 2012) Stubbs, M.Item Metadata only A Company ID: Corporate Governance(Monash University ePress, 2006) Hall, K.; Le Mire, S.The independent director is hailed as a tool to monitor and improve corporate management and decision making. This role is premised on the belief that directors who are independent of a corporation can be faithful guardians of its interests. However, powerful group influences can sully thisItem Metadata only A constitutional framework for indigenous governance(LBC Information Services, 2006) Reilly, A.This article argues that there needs to be a conceptual shift in how we understand the constitutional framework of government in Australia. Fundamental to this shift is an understanding that Indigenous governance exists and is practiced at various levels in the Australian polity, and that the formal institutions of the Australian state already accommodate Indigenous governance in various forms, albeit implicitly. Australia’s experience of federalism means that it is well placed to make this shift in understanding. The shift must occur as Commonwealth and state Indigenous policies are, ultimately, only as strong as the framework of governance that supports them.Item Metadata only A court of morals, a court of law, or a little bit of both?(Springer Nature, 2020) Richards, B.J.; Babie, P.; Sarre, R.The provision of healthcare was once relatively straightforward. Based upon the Hippocratic tradition, the doctor/patient relationship was not a partnership, rather there was an unequal relationship where an all knowing-and one would hope, all caring-doctor provided treatment in a manner consistent with their specific view of the world. There were few ethical or legal complexities and individual preferences were relevant only insofar as they impacted on the doctor’s clinical decision making. Medicine and the human condition have, however, moved on from this simpler time and there are deep complexities to be found at the intersection of law, religion and the provision of healthcare. This chapter explores this intersection and considers the ongoing struggle to respect the interests of all parties in the healthcare relationship, concluding that, despite the often competing priorities of healthcare providers, individual patients, regulatory regimes and religious organisations, there are a core set of principles that are appropriately supported in our current regulatory framework. These include: respect for individual dignity and autonomy, freedom of choice, and the inviolability of human life. This conclusion will be supported through a consideration of five ‘salient principles’ raised by the Archbishop of Westminster and considered by the court in the complex decision of Re A (Children) (Conjoined Twins: Surgical Separation) [2001] 2 WLR 480.Item Metadata only A critical commentary on the 2017 ALRC elder abuse report: looking for an ethical baseline for lawyers(AustLII, 2018) Castles, M.A.In Australia, the ethical rules for lawyers faced with clients exhibiting signs of mental incapacity or otherwise vulnerable and at risk of abuse are neither consistent nor clear. Lawyers cannot freely act to protect vulnerable clients without risking an unethical breach of client confidence, a position that sits in stark contrast to commonly understood moral norms in the community. The 2017 Australian Law Reform Commission Elder Abuse Report seeks a community response to elder abuse. In so doing it opens discussion for a reconceptualisation of some of the underlying assumptions upon which legal ethical rules in Australia are based. Further, it provides the opportunity to form a more solid philosophical basis for lawyers to develop an understanding of the competing interests between human rights and the protection of the vulnerable at the heart of this complex area.Item Metadata only A critical reading of R A Duff, Answering for crime(Adelaide Law Review Association, 2010) Leader-Elliott, I.Item Metadata only A critique of the assessment of professional skills(Centre for Legal Education, 2007) Hewitt, A.Item Open Access A director's fiduciary duty of disclosure: the case(s) against(University of New South Wales, 2016) Nosworthy, B.Item Metadata only A four-step process for formulating and evaluating legal commitments under the Paris Agreement(Lexxion, 2018) Brown, D.; Breakey, H.; Burdon, P.; Mackey, B.; Taylor, P.This paper describes a four-step process to guide national governments in formulating and explaining greenhouse gas (GHG) emissions reduction targets in their Nationally Determined Contributions (NDCs) under the Paris Agreement. The NDC pledges in aggregate are intended to achieve the Paris Agreement's warming limit goal to hold the increase in the global temperature to well below 2°C and to pursue efforts to limit the temperature increase to 1. 5°C. Nations also agreed in the Paris Agreement that their mitigation pledges would be based on equity and common but differentiated responsibilities and respective capabilities, in the light of different national circumstances. This paper describes the four steps that are required tofulfil these commitments, and to ensure that the NDCs are sufficiently transparent to allow the Paris Agreement's 'stocktake' process and 'transparency mechanism' to achieve their goal of increasing the NDCs' ambition and fairness. The four steps are necessary to implement the legal obligations of the parties under the UNFCCC and the Paris Agreement. Thesefour steps are: (1) Select a global warming limit to be achieved by the GHG emissions reduction target; (2) Identify a global carbon budget consistent with achieving the global warming limit at an acceptable probability; (3) Determine the national fair share of the global carbon budget based upon equity and common but differentiated responsibilities and respective capabilities; and, (4) Specify the annual rate of national GHG emissions reductions on the pathway to net zero emissions.Item Metadata only A full day's work: a study of Australia's first legal scholarly community(University of Queensland Press, 2010) Bartie, S.Item Metadata only A gender aware approach to legal and policy strategies for achieving access to modern energy services in sub-Saharah Africa(Oxford University Press, 2018) Gardam, J.; Omorogbe, Y.; Ordor A,This book chapter first outlines the facts in relation to energy and poverty globally, with a particular emphasis on the sub-Saharan Africa region. Secondly, the impact of gender on how energy poverty is experienced is explained. Then it considers the growing recognition in international, regional, and national initiatives of the link between access to modern energy services, women, and poverty and what legal and policy strategies have been adopted in response. Finally, the chapter provides some thoughts on possible future responses to improving the prevailing situation and the obstacles that must be surmounted in the achievement of a gender aware approach to energy access.
Item Metadata only 'A great and glorious reformation': Six early South Australian legal innovations(Adelaide Law Review Association, 2005) Prest, W.South Australia has a long tradition of law reform.Item Metadata only A great exploitation: the true legacy of property-a review essay(Springer, 2018) Babie, P.This review essay contains four parts. The first briefly recounts the contours of Rafe Blaufarb’s thesis in The Great Demarcation: The French Revolution and the Invention of Modern Property (Oxford University Press, New York, 2016). The review is not intended to be a full assessment of the book; rather, Blaufarb’s work sets the stage for the focus of my reflections, which begin in Part 3. Using Louis Althusser’s understanding of law, we can see how the demarcation identified by Blaufarb made possible a further deployment of bourgeois law, which perpetuates the dominant ideology ensuring the concentration of resources in a small number of people, seemingly without obligation to the great majority who hold no power in relation to any resources. Part 4 explains the true inequity which this demarcation has wrought, establishing and perpetuating deep divisions between those who hold the ‘social function’ inherent in property—the power unilaterally to alter social relationships—and those who do not—those who suffer the alteration of social relationships to their detriment. In short, property itself is an ideology of power, the legacy of which is not equality, but exploitation. Part 5 concludes that the great demarcation, which Blaufarb so skilfully explicates, turns out to be nothing in which humankind ought to take any pride. Rather, it has served and serves the purposes of the few to work untold misery and hardship upon the many.