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Volume 40, Number 1 the ADELAIDE LAW REVIEW Law.Adelaide.Edu.Au Adelaide Law Review ADVISORY BOARD Volume 40, Number 1 THE ADELAIDE LAW REVIEW law.adelaide.edu.au Adelaide Law Review ADVISORY BOARD The Honourable Professor Catherine Branson AC QC Deputy Chancellor, The University of Adelaide; Former President, Australian Human Rights Commission; Former Justice, Federal Court of Australia Emeritus Professor William R Cornish CMG QC Emeritus Herchel Smith Professor of Intellectual Property Law, University of Cambridge His Excellency Judge James R Crawford AC SC International Court of Justice The Honourable Professor John J Doyle AC QC Former Chief Justice, Supreme Court of South Australia Professor John V Orth William Rand Kenan Jr Professor of Law, The University of North Carolina at Chapel Hill Professor Emerita Rosemary J Owens AO Former Dean, Adelaide Law School The Honourable Justice Melissa Perry Federal Court of Australia Emeritus Professor Ivan Shearer AM RFD Sydney Law School The Honourable Margaret White AO Former Justice, Supreme Court of Queensland Professor John M Williams Dame Roma Mitchell Chair of Law and Former Dean, Adelaide Law School ADELAIDE LAW REVIEW Editors Associate Professor Matthew Stubbs and Dr Michelle Lim Book Review and Comment Editor Dr Stacey Henderson Associate Editors Charles Hamra, Kyriaco Nikias and Azaara Perakath Student Editors Joshua Aikens Christian Andreotti Mitchell Brunker Peter Dalrymple Henry Materne-Smith Holly Nicholls Clare Nolan Eleanor Nolan Vincent Rocca India Short Christine Vu Kate Walsh Noel Williams Publications Officer Panita Hirunboot Volume 40 Issue 1 2019 The Adelaide Law Review is a double-blind peer reviewed journal that is published twice a year by the Adelaide Law School, The University of Adelaide. A guide for the submission of manuscripts is set out at the back of this issue. Articles and other contributions for possible publication are welcomed. Copies of the journal may be purchased, or a subscription obtained, from: Administrative Officer For North America: Adelaide Law Review William S Hein & Co Adelaide Law School 1285 Main Street The University of Adelaide Buffalo NY 14209 South Australia 5005 USA AUSTRALIA e-mail: <[email protected]> <http://law.adelaide.edu.au/adelaide-law-review> This volume may be cited as: (2019) 40(1) Adelaide Law Review The articles in this volume are published in 2019. ISSN 0065-1915 © Copyright is vested in The University of Adelaide’ and, in relation to each article, in its author, 2019. TABLE OF CONTENTS Matthew Stubbs The Adelaide Law Review at (Volume) 40: 1 Reflections and Future Directions Michael Kirby Celebration of Volume 40: Sixty Years On! 15 Christian Andreotti 40 is the New 20: The Changing Contours of 29 and Holly Nicholls the Adelaide Law Review Anthony Moore Reflections on Publishing the Adelaide Law Review 45 Peter Rathjen 135 Years: Reflections on the Past, Present and 47 Future of Adelaide Law School John M Williams Constitutional Law and the Adelaide Law Review 53 Melissa de Zwart South Australia’s Role in the Space Race: 63 Then and Now Ian Leader-Elliott Norval Morris and the ‘New Manslaughter’ in 75 the Adelaide Law Review Horst Klaus Lücke Isaiah Berlin and Adolf Hitler: Reflections and 89 Personal Recollections John Keeler Ruminations on Personal Injury Law Since 1960 109 Isabella Dunning, The Value of the Adelaide Law Review from a 125 Irene Nikoloudakis Student Editor Perspective and Caitlyn Georgeson John Gava Legal Scholarship Today 135 Paul Babie Publish and Collaborate: An Invitation 145 John V Orth Of Titles and Testaments: Reflections of an 155 American Reader of the Adelaide Law Review Irene Watson Colonial Logic and the Coorong Massacres 167 Andrea Mason Where do a Bird and a Fish Build a House? 173 An Alumna’s View on a Reconciled Nation Martin Hinton A Bail Review 187 James Crawford and International Law in Australia Revisited 199 Rose Cameron Judith Gardam Feminist Interventions into International Law: 219 A Generation On Vickie Chapman How Laws are Made 227 Catherine Branson Human Rights Protections: Need We Be Afraid 233 of the Unelected Judiciary? Adam Webster Reflecting on the Waters: Past and Future 249 Challenges for the Regulation of the Murray-Darling Basin Margaret White Youth Justice and the Age of Criminal 257 Responsibility: Some Reflections Melissa Perry The Law, Equality and Inclusiveness in a 273 Culturally and Linguistically Diverse Society Brent Fisse Penal Designs and Corporate Conduct: 285 Test Results from Fault and Sanctions in Australian Cartel Law Suzanne Corcoran Ordinary Corporate Vices and the Failure 301 of Law Judith Bannister South Australian Administrative Law: 311 40 Years On Thomas Gray Succession Law: Reflections and Directions 331 Katrina Bochner Alternative Dispute Resolution and Access to Justice in the 21st Century 343 Marie Shaw and The ‘Age Of Statutes’ and its Intersection with 353 Ben Doyle Fundamental Principles: An Illustration Vicki Waye Regtech: A New Frontier in Legal Scholarship 363 Matthew Stubbs* THE ADELAIDE LAW REVIEW AT (VOLUME) 40: REFLECTIONS AND FUTURE DIRECTIONS I INTRODUCTION t is an enormous pleasure and privilege to introduce this special issue to mark the publication of volume 40 of the Adelaide Law Review. In the 59 years since Iits establishment in 1960, the Adelaide Law Review has become the pre-eminent home of legal scholarship in South Australia, and its alumni (consisting of former academic and student editors) have made remarkable contributions to the law not only in Adelaide but around Australia and the world. Every author contributing to this special issue has been involved with the Adelaide Law Review and Adelaide Law School. It is a testament to the impact of the Review, and the wonderful scholars who have been involved with it, that the authors of this volume include current and former judges of the International Court of Justice, High Court of Australia, Federal Court of Australia and Supreme Courts of South Australia and Queensland. As is well known, relationships between academia and the judiciary are not universally friendly.1 One of the important lessons of the con- tributions to this special issue is the ability of the Adelaide Law Review to continue to be of service to practitioners, judges and academics. The Review has been living proof of Lord Wilberforce’s observation that ‘no single strand in the tapestry of the law, however brilliant, can do without the support of others’.2 Indeed, the interac- tion between the scholarship published in the Review and the legal profession and judiciary is an essential aspect of the strength of the Review. The Review is also, of course, a quintessentially academic endeavour, and contributors to this special issue also include distinguished academics from leading law schools around Australia, North America and the United Kingdom. The diversity of authors and topics in this volume reflect the extensive scope of contemporary legal scholarship, and the ability of the Adelaide Law Review to address a great range of important legal matters. The theme for this special issue is ‘The Adelaide Law Review at (Volume) 40: Reflec- tions and Future Directions’. Our intent was to bring together diverse contributions which look back on the previous 39 volumes of the Review and look forward to the * Associate Professor and Associate Dean (Learning and Teaching), Adelaide Law School, University of Adelaide; Editor in Chief, Adelaide Law Review (since 2015); BFin, BEc, HonsLLB, GDLP, PhD (Adel). 1 See, eg, Frank Maher, ‘Ivory Towers and Concrete Castles: A Hundred Years War’ (1986) 15(4) Melbourne University Law Review 637. 2 Lord Wilberforce, ‘The Academics and Lord Denning’ (1985) 5(3) Oxford Journal of Legal Studies 439, 445. STUBBS — THE ADELAIDE LAW REVIEW AT (VOLUME) 40: 2 REFLECTIONS AND FUTURE DIRECTIONS next 40 volumes, the common link being that each contribution is situated in relation to the Adelaide Law Review. I hope all readers will find intellectual food for thought in the following pages. II A BRIEF HISTORY OF THE ADELAIDE LAW REVIEW IN THE WORDS OF ITS EDITORS There is no extant history of the Adelaide Law Review, and this piece does not attempt to offer a comprehensive story of the evolution of the Review.3 Nonetheless, on the occasion of the publication of its 40th volume, it is appropriate to reflect on the path of the Review. I do so here in the words of some of those who have been involved with the Review over its history. The Adelaide Law Review was established in 1960,4 during the Deanship of Norval Morris, as a joint project of Morris and Alex Castles, and with a student editorship. As the Honourable David Bleby QC, one of the early student editors,5 recounts the principal drivers of the publication were Norval Morris and Alex Castles – mainly the latter who was the consistent Faculty Adviser, at least for the first three years. The Editor and Assistant Editors were graduates of the previous year, having done most of the work on the Review during their final year. Other Committee members were spread over all years from second year onwards. I am unaware of the process of selection of the Editorial Board within the Faculty, but I am fairly sure that all were invited to hold their positions by Alex. Major contributors were either persons well-known by Alex, staff members, or practitioners who lectured at the time, I think mostly enlisted by Alex. I think there were few editorial decisions made by the students themselves without Faculty advice or assistance. The principal functions of those of us who were “Committee” members was to write case notes or notes on personal injury awards or legislation, and to prepare a draft index of the previous year’s edition. As Bleby notes, whilst in theory a student-run journal at its establishment, academic guidance was never far away. The Review formally ceased to be student-run and became faculty-run instead from volume 4(2) in 1972, although in practice this has 3 Very brief details can be found in: Alex Castles, Andrew Ligertwood and Peter Kelly (eds), Law on North Terrace 1883–1983 (Faculty of Law, University of Adelaide, 1983) 61; Victor Allen Edgeloe, ‘The Adelaide Law School 1883–1983’ (1983) 9(1) Adelaide Law Review 1, 37.
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