Journal
Peer-reviewed articles, case notes, and commentary spanning all areas of Australian law.
12 articles found
Prof. Margaret Thornton — Australian National University
This article examines the extent to which the implied freedom of political communication constrains Commonwealth and state regulation of social media platforms, with particular reference to recent High Court authority.
Read articleDr. James Stellios — University of Melbourne
The author argues for the adoption of a structured proportionality analysis in Australian administrative law, drawing on comparative experience from Canada and the United Kingdom.
Read articleDr. Sangeetha Pillai — University of New South Wales
A critical analysis of the High Court's landmark decision on indefinite immigration detention, examining its implications for the separation of judicial power under Chapter III.
Read articleProf. Matthew Groves — Monash University
This article considers whether existing administrative law obligations to give reasons are adequate when government decisions are made or substantially influenced by automated systems.
Read articleDr. Rosemary Langford — University of Melbourne
Following ASIC v Mercer Superannuation, this article examines the scope of directors' duties to disclose and manage climate-related financial risks under Australian corporate law.
Read articleProf. Barbara McDonald — University of Sydney
This article revisits the salient features test for the existence of a duty of care in negligence, arguing that the High Court's recent decisions have introduced unnecessary uncertainty.
Read articleProf. Megan Davis — University of New South Wales
A comprehensive examination of the doctrine of extinguishment of native title, with particular attention to the inconsistency between the doctrine and Australia's international human rights obligations.
Read articleDr. Katharine Kemp — University of New South Wales
The author provides a critical assessment of the Attorney-General's Privacy Act Review Report, arguing that the proposed reforms fall short of international best practice.
Read articleProf. Geraldine Mackenzie — Bond University
This article examines the constitutional validity and policy implications of mandatory minimum sentencing legislation in Queensland, with comparative reference to other Australian jurisdictions.
Read articleDr. Elise Bant — University of Western Australia
Drawing on recent High Court authority, this article analyses the elements of unconscionable conduct under statute and equity, with particular attention to the concept of vulnerability.
Read articleDr. Lee Godden — University of Melbourne
This article examines how Victorian courts and tribunals have applied proportionality reasoning in environmental planning decisions, and whether a more structured approach is warranted.
Read articleEmily Zhao — University of Melbourne
This student submission examines the emerging liability of corporations for greenwashing under the Corporations Act 2001 (Cth) and the Australian Consumer Law.
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