Monash Law School Annual Report 2009

www.law.monash.edu

Contents

1. Introduction to Monash Law School...... 2 7. Equity and Diversity...... 25

2. Campuses...... 3 7.1 Membership 2009...... 25 7.2 Faculty Priorities...... 25 2.1 Clayton...... 3 7.3 Activities 2009...... 26 2.2 Law Chambers...... 3 2.3 Monash Education Centre, Prato, Italy...... 3 8. International ...... 27 8.1 Recruitment of International Students...... 27 3. Research ...... 4 8.2 Engagement with Partner Institutions...... 27 3.1 Reflections on Research During 2009...... 4 8.3 Overseas Programs...... 27 3.2 Books and Book Launches...... 5 8.4 Internships...... 28 3.3 Research Success Stories...... 5 9. Law School Activities ...... 29 3.4 Faculty Research Seminars...... 6 9.1 Events...... 29 3.5 Research Centre Activities ...... 7 9.2 Public Lectures...... 30 3.6 Higher Degrees by Research ...... 7 9.3 Book Launches...... 31 3.7 Research Grants: ARC...... 7 9.4 Media involvement...... 31 3.8 Other Externally Funded Research (Excluding Contracts).8 10. Advancement and Alumni Relations...... 32 4. Teaching...... 9 10.1 Advancement...... 32 4.1 Reflections on Teaching During 2009...... 9 10.2 Monash Law School Foundation Board...... 33 4.2 Teaching Awards...... 9 10.3 Alumni relations ...... 33 4.3 Teaching Professional Development...... 9 11. Student Activities...... 34 4.4 VC’s Showcase of Teaching Excellence...... 9 11.1 Monash Law Students’ Society...... 34 4.5 National Teaching Presentations...... 9 11.2 International Law Association...... 35 4.6 Faculty Teaching Workshop ...... 9 11.2.1 2009 Highlights...... 35 4.7 Faculty Education Committee ...... 9 11.2.2 Other Events...... 35 4.8 Quality...... 9 11.3 Monash University Law Review...... 35 5. Centre Reports...... 11 11.4 The Student Experience...... 37 5.1 Castan Centre for Human Rights Law...... 11 12. Law Library...... 38 5.1.1 2009 Highlights...... 11 12.1 Monash Law Library...... 38 5.1.2 Structure...... 11 12.2 2009 Highlights...... 38 5.1.3 Public Events...... 12 12.3 Facilities and Services Highlights...... 38 5.1.4 Conference Papers and Public Speeches...... 13 12.4 Collection Highlights...... 39 5.1.5 Courses Offered...... 14 12.5 Law Library Senior Staff ...... 39 5.1.6 Submissions...... 14 12.6 Journal Affiliations and External Committees ...... 39 5.1.7 Publications...... 15 13. Staff ...... 40 5.1.8 Media...... 16 13.1 Staff List...... 40 5.1.9 Research Projects...... 16 13.2 Academic Governance Positions...... 42 5.1.10 Visiting Fellows...... 16 13.3 Promotions...... 42 5.1.11 Student Programs...... 17 13.4 Appointments...... 42 13.5 Resignations...... 42 5.2 Centre for Regulatory Studies...... 18 13.6 Outside Studies Program...... 42 5.2.1 Structure...... 18 13.7 Visitors...... 42 5.2.2 Public Events...... 18 14. Staff Activities...... 43 5.2.3 Staff Members’ Activities...... 18 5.2.4 Monash Courses and Units Offered...... 20 14.1 External Boards and Committees...... 43 5.2.5 Publications...... 20 14.2 Journal Affiliations...... 44 5.2.6 Grants and Fundraising...... 21 15. Publications...... 46 5.3 International Institute of Forensic Studies...... 22 15.1 Staff Publications...... 46 5.3.1 Courses Offered...... 22 Appendix I:...... 53

6. Curriculum...... 23 Administrative Structure Portfolios, Charts and...... 53 Senior Administrative Staff 6.1 Undergraduate Courses...... 23 6.2 Clinical Legal Education...... 23 Appendix II:...... 54 6.4 Postgraduate Courses...... 24 2009 Prize Winners...... 54

Annual Report 1 1. Introduction to Monash Law School

The Monash Law School is large, and public seminars and in the graduate diverse, vibrant and energetic. As this teaching program and through personal Report shows, over its many programs, interaction with staff and students. campuses and centres, the Law School The new Vice-Chancellor’s Academic provides a home for over 3,000 students Strengthening agenda fits well with the and more than 200 full, part-time, faculty’s own commitment to engaging sessional and adjunct academic staff and retaining high performing staff and and over 50 professional staff engaged increasing the quality and quantity of in a multiplicity of activities. Its staff and its research as well as the impact of students are involved not only in the core that work on the academic and wider tasks of teaching, learning and research communities. The faculty increasingly but in providing legal services to the co-operates with other faculties and community, influencing public policy programs in areas such as regulation, through submissions to governments criminal justice, human rights, history, and legislatures, providing pro bono immigration policy and others. services and sitting on many boards and By far the largest number of members of committees, inside and beyond Monash the Law School is its students and we are University itself. extraordinarily proud of their activities and The faculty of Law is one of 10 faculties achievements. The Ambassador program, of Monash University, a university that the Peer-to-Peer Mentoring program and has retained a strong commitment to the High Achievers Program and the Law maintaining and developing the traditional Review are just some of the programs run science and social science disciplines in conjunction with the faculty to ensure and the humanities. At the same time it that the they have a rich and engaged life encourages and supports a wide range while at the Law School. The two student of inter-disciplinary research. societies, the Law Students Society and the International Law Association are The arrival of the new Vice-Chancellor, highly active, well-organised and well- Professor Ed Byrne, in mid-2009 marks managed and enjoy excellent relations the next stage in the evolution of the with the faculty. Their role in faculty University and, with it, the faculty of Law. governance is central in ensuring that The teaching program focuses upon three decisions are well-informed and that major programs, the undergraduate LLB, the faculty’s decision-making process is taught at the Clayton campus and the inclusive, thorough and well-understood graduate JD and the coursework Masters by all participants. program, taught at the Monash University An Annual Report is a record of Law Chambers. All the programs continue an organisation’s activities and to thrive. The LLB now attracts record achievements. Its contribution to an numbers of high achieving students understanding of that organisation is anxious to study law in combination with both immediate and incremental. In the an Arts, Business, Commerce, Science, short term it provides a picture of what Engineering or other degree. The JD is has just occurred. In the longer term growing steadily as more students are it is one of a series of statements that drawn to it because of its location in the can be examined to discover what has city, its highly flexible course structure and changed and what has stayed the same, the wide range of electives drawn from and possibly why and how. For a big Law the graduate course work program. School in a very large University change The research program expands with more is evolutionary. This Annual Report, read research engaged in by more staff over alone or in the context of the five previous a very large range of topics. The faculty Annual Reports, shows that the institution is enriched by a stream of visitors from is both evolving and improving. interstate and overseas who provide valuable intellectual input through staff Arie Freiberg Dean

2 Faculty of Law 2. Campuses

2.1 Clayton 2.2 Monash University 2.3 Monash Education Law Chambers Centre, Prato, Italy Monash University Clayton campus Behind the period façade of the Equity In keeping with Monash Law’s aim to be is the largest of the university’s eight Trustees Building the refurbished a truly international law school, the Law campuses. The diversity of programs Monash University Law Chambers offers School encourages students to undertake offered is reflected in the fact that eight postgraduate law students a central one semester of their law degree at the out of the university’s ten faculties are teaching and learning facility in the heart Monash Education Centre in Prato, Italy. represented on campus – Arts, Business of ’s legal precinct. Students can undertake up to four law and Economics, Education, Engineering, units through the Prato Study Program, This state-of-the art building provides Information Technology, Law, Medicine, taught by academics from Monash our postgraduate students with an Nursing and Health Sciences and University, judges and practitioners as well accessible, comprehensive education Science. The campus offers a rich array of as academics from partner institutions in facility that also promotes interaction with sporting, cultural and educational events Canada, Israel and Italy. Units are taught members of the profession. and facilities, and has a proud record of in semi-intensive mode over 3-4 weeks. achievement in fostering collaborative The majority of the faculty’s postgraduate The program runs in the European Spring research projects. programs are taught at the city-based each year. Classes are taken in the Monash University Law Chambers, The Law School is located on the Clayton elegant 18th Century palace, Palazzo Vaj attracting law graduates from a variety campus and houses the university’s Law in the medieval historic centre of Prato, of backgrounds and professional areas Library, three computer laboratories and Italy. There are 3 computer laboratories at including legal practice, government, five lecture theatres. The majority of our the Monash University Prato Centre and business and academia. This cultural undergraduate teaching occurs at this the building also has a wireless internet diversity, together with our flexible, location. network available responsive programs creates a dynamic The Law School’s clinical training program environment for the exchange of operates from the Monash-Oakleigh Legal knowledge and ideas. Service and the Springvale Monash Legal Service.

Annual Report 3 3. Research

3.1 Reflections on a number of Monash University faculties Annual Research Symposium in the research agenda of the Centre for Research During 2009 Regulatory Studies, and the contribution The 2009 Faculty Research Symposium of many of the Faculty’s researchers to was held on Friday 14th August at the Banquet Rooms, Clayton Campus Overview collaborative projects across disciplinary boundaries with other Monash University Centre. The theme was “Next Generation This year, the Faculty has continued faculties and University-level research Research and Researchers”. It was and improved its diverse research institutes. attended by over 50 staff members and performance on a range of levels. The HDR students. Professor Andrew Wells, results of the Australian Government’s trial In the last three years, as evidence of the Executive Director of ERA’s Humanities Excellence in Research for Australia (ERA) Faculty’s enhancement of its research and Creative Arts Cluster, and Ms Cari exercise in 2009 confirm the Faculty’s outreach and collaboration, our total Jackson-Lewis, Grants Manager, Victoria research position amongst the leading competitive research grant and contract Law Foundation, were invited to talk law schools in Australia. Accordingly, performance has gone from approximately about “Next generation research projects: the Faculty’s world-class national, $1,000,000 in 2007 to $1,500,000 in 2008 what do funding bodies really want from international, and comparative research (almost 45% improvement on 2007), and researchers?”. Professor Edwina Cornish expertise is based upon a platform of finally to $2,000,000 in 2009 (almost 100% attended to talk about the Law’s place in leading research centres, groups, and improvement on 2007). This upwards the University’s overall research effort and clusters in select fields of legal, regulatory, trajectory in research income demonstrates to present research awards to Faculty and cross-disciplinary research. significant continuous improvement in staff. the Faculty’s capacity to attract research Professor Bryan Horrigan, commenced funding from funding agencies and officially as Associate Dean (Research) Higher Degree by Research highly regarded institutional partners in (HDR) Matters and the Louis Waller Chair of Law on 1st government, the legal profession, and the March 2009. wider community in Victoria, Australia, A Law Research Writing Development and overseas. It also compares more than Group (LRWDG) was established in 2009 Research Excellence and favourably with other Monash University to assist candidates enrolled in Higher Collaboration faculties in terms of sustained continuous Degrees by Research with improving improvement in research performance English legal writing skills. The purpose of In terms of research critical mass, the from one year to the next. the LRWDG is to enable HDR candidates Faculty has a number of research centres, to equip themselves to write a legal thesis groups, and individuals who lead their in English by: learning how to continue respective fields. Major specialised ERA Trial for Law developing English writing skills; learning research strengths here include human On 23rd February the Minister for about writing conventions in the discipline rights in Australia and worldwide Innovation, Industry, Science and of law; learning to edit their own work; (Castan Centre for Human Rights Law), Research, Senator Kim Carr, announced and reading and giving feedback on the regulatory studies (Monash Centre for the timeframe for the ERA trial, which work of others. The Group was convened Regulatory Studies) and non-adversarial would evaluate the Physical, Chemical by Dr Janice Pinder, Learning Skills justice, mental health and the law (ARC and Earth Sciences (PCE) and Humanities Advisor, Sir Louis Matheson Library, Federation Fellow Prof Bernadette and Creative Arts (HCA) clusters. Law and met for two hours each fortnight. McSherry’s Rethinking Mental Health was included in the HCA cluster, as one Laws Project), intellectual property of the disciplines for road-testing the ERA The Faculty was awarded six new and copyright law (Information and in advance of the Australian Government’s postgraduate research scholarships in Innovation Cluster), and other discrete full ERA exercise in 2010. 2009 (4 Australian Postgraduate Awards areas of commercial law (eg international and 2 Monash Graduate Scholarships). trade, taxation, corporate governance In the months preceding the ERA trial The Faculty offered 2 new Postgraduate and responsibility, and consumers). submission deadline, many meetings Law Dean’s Awards. All new Higher Professor Ann Monotti’s co-authored were held between the Faculty of Degree by Research candidates were work on universities and intellectual Law and the Faculty of Business and welcomed to the Faculty at an orientation property informed a significant part of Economics (Department of Business event held 29 July 2009. the argument by counsel and judicial Law and Taxation) as well as with other Dr David Lindsay worked tirelessly reasoning at trial and appellate levels in faculties contributing publications to throughout 2009 with Ms Jintana landmark litigation this year (eg University the law field-of-research codes, to Kurosawa, Ms Di Wiltshire, Professor of Western Australia v Gray [2009] FCAFC select the top 20% of publications for Bryan Horrigan, and the Faculty’s 116). peer review. The criteria for selection included the use of Mock RQF results marketing officers to enhance the In addition, the Faculty continued this (where available), authored books (with Faculty’s HDR policy and recruitment year to engage in world-class cross- prestigious publishers such as OUP and strategies. Prof Jeff Goldsworthy disciplinary research. This is evidenced CUP), refereed journal articles in A* and assumed the HDR Convenor role at the by its contribution to law and policy A* ranked journals on the HCA journal list, end of 2009. surrounding criminal law and criminology and book chapters in edited books with through the cross-faculty Criminal Justice prestigious publishers. Research Consortium, the involvement of

4 Faculty of Law 3.2 Books and Paula Gerber is the first attempt to gather 3.3 Research Success empirical data on the extent of human Book Launches rights education in Australian secondary Stories schools. Refugees, Asylum Seekers and 2009 saw the launch of many new books the Rule of Law, edited by Professor Dr Gideon Boas was selected as the which were authored, co-authored or Susan Kneebone, provides an account recipient of 2009 Dean’s Award for edited by Monash Law staff and students. of how five industrialised common law Excellence in Research by an Early Career On the evening of Tuesday 24th February, jurisdictions – the United Kingdom, Researcher. Dr Boas received this award the Faculty held a very successful ‘In Australia, Canada, the USA and New for his publications (including two books) Review’ function at the Monash University Zealand – have dealt with the rights of and peer recognition and professional Law Chambers, celebrating 53 books asylum seekers and refugees engagement on the world’s stage in major published by 32 Monash Law staff and research-related work for International On 17 June 2009, Dr Eric Wilson one PhD candidate during 2007/2008. Criminal trials and other humanitarian launched his new book Government of The guest speaker was The Honourable activities. He was also nominated for the the Shadows: Para Politics and Criminal Chief Justice , AC. The 2009 Monash Vice- Chancellor’s Early Sovereignty at Readings Carlton. The event, which was the brain-child of Career Researcher Award. book analyses the concept of clandestine Professor Marilyn Pittard was a great government. It explores how covert Dr Patrick Emerton joined the University’s success and the Faculty hopes to repeat political activity and transnational Early Career Researcher (ECR) Network it in the future. organised crime are linked – and how Steering Committee as the Law Faculty Former High Court Justice, the Hon. they ultimately work to the advantage of representative. Michael Kirby AC CMG, launched two state and corporate power. The annual university celebration new books by Castan Centre Deputy ‘Non-Adversarial Justice’, a book Research Matters was held 17-28 August Directors Dr Paula Gerber and Professor authored by Dr Michael King, Professor 2009. To coincide with this event the Susan Kneebone on 5 June 2009 at the Arie Freiberg AM, Dr Becky Batagol, Mr Faculty a public lecture entitled The Melbourne Immigration Museum. This Ross Hyams, was launched on 24 August American Drug Court Movement: a joint launch celebrated books looking at 2009 at the Monash Law Chambers by personal Journey was delivered by retired two prominent issues in human rights the Hon Peggy Fulton Hora. US judge the Hon Peggy Fulton Hora on law: the state of human rights education 24 August at the Monash Law Chambers. in secondary schools, and the on-going The Hon Sir Anthony Mason launched the struggle of asylum seekers, and state new book Constitutional Advancement In 2009, Dr David Lindsay was awarded policy and legislative responses to them. in a Frozen Continent: Essays in Honour the 2008 Mollie Holman Award for the From Convention to Classroom: The Long of George Winterton edited by Professor best doctoral thesis in the Faculty of Law Road to Human Rights Education by Dr H P Lee and Dr Peter Gerangelos. The entitled: International Domain Name Law: event took place on 25 November 2009 ICANN and the UDRP. at the Monash University Law Chambers. The 2008 Vice-Chancellor’s commendation for doctoral thesis excellence was awarded in 2009 to Dr Becky Batagol for her thesis entitled: Bargaining in the Shadow of the Law? The Case of Family Mediation.

Annual Report 5 3. Research

3.4 Faculty Research Seminars

Date Presenter Topic 3 March Professor Harry Glasbeek, Emeritus Professor, Corporate Conduct: Responsible Authors Wanted Osgoode Hall Law School 17 March Professor Jeff Giddings, Griffith University Why Can’t I Just Get On With Running My Business? Understanding and Addressing Conflict in Business Franchise Systems 26 March Professors Justin Malbon and Bryan Horrigan Research NIPS (New Idea Progress Seminar) – Faculty submission to national human rights consultation process 31 March Dr Alan Rothschild Physician-assisted-dying, is it really a slippery slope? 7 April Dr Steven Tudor, La Trobe University Should an Absence of Remorse be an Aggravating Factor in Sentencing? 15 April Mr Ross Hyams Work Integrated Learning: Opportunities for Law 21 April Professor Steven Channenson (Fulbright Scholar), Revolution or Evolution?: Recent Developments in American Federal Criminal Villanova University School of Law, Pennsylvania, USA Sentencing 28 April Professor Marilyn Pittard, Dr Moira Paterson, Research BITES (Brief Insights To Expand Scholarship): Dr Gideon Boas, Dr Patrick Emerton – Three into one does go! (Marilyn Pittard and Moira Paterson) – Australia’s Post World War II War Crimes Trials (Gideon Boas) – “Terrorist organisation” offences and the rule of law in Australia (Patrick Emerton) 5 May Dr Niels Ejersbo, University of Southern Denmark Regulating for private involvement in public service delivery – a policy approach 12 May Professor Dana Muir, University of Michigan The Effect of the Financial Crisis on U.S. Pensions – A Perspective on Financial Services Regulatory Reform 19 May Dr David Cousins, Professorial Fellow, Regulatory reform through institutional change Centre for Regulatory Studies 27 May Mr Lloyd England and Assoc Prof Moira Paterson presenting A transition pedagogy for first year curriculum design and renewal work by Professor Sally Kift, ALTC Senior Fellow 14 July Professor Ruth Kannai, Bar Ilan University, Israel The Proposed Israeli Bill on Sentencing 21 July Chaired by Professor Justin Malbon Research NIPS (New Idea Progress Seminar)

28 July Professor Robert Vaughn, American University, Washington Whistleblower Protection as Part of Human Rights, Open Government, College of Law Transparency and Employment Law 11 August Professor Allan Borowski, La Trobe University The Evaluation of the Children’s Koori Court of Victoria

18 August Ms Alice Nah (Endeavour Australia Cheung Kong Research Legitimizing Violence: Public ‘Crackdowns’ and their Impact on Migrants, Fellow), PhD candidate, Sociology Department, Refugees and Stateless Persons within and beyond the Borders of Malaysia National University of Singapore 25 August Hon. Peggy Fulton Hora Why do Problem-Solving Courts Work? 1 September Dr Colin Campbell The Teaching / Research Nexus 15 September Professor Jianqiang Nie, Wuhan University School of Law, The enforcement of intellectual property rights in China – China a conceptual perspective 22 September Associate Professor Greg Taylor, Associate Professor Pam Research BITES (Brief Insights To Expand Scholarship): O’Connor, Dr Stephen Gray – Jury Trial in Austria (Greg Taylor) – Is Victoria a laggard in property law reform? (Pam O’connor) – Aboriginal people and assimilation: can ‘genocide’ and ‘good intentions’ co-exist? (Stephen Gray) 20 October Professor Stephen King, Dean, Corporate Regulation Faculty of Business and Economics, Monash University 22 October Professor Ann Monotti Academic employees and their University employers: who owns the inventions they create? 26 October Professor Stephen Barkoczy Everything you wanted to know about superannuation but were too scared to ask

6 Faculty of Law 3.5 Research Centre 3.6 Higher Degrees 3.7 Research Grants: Activities by Research ARC The Castan Centre for Human Rights Law The following theses were accepted for conducted a number of research events higher degrees by research during 2009: ARC Federation Fellowship (in progress) and activities throughout the year. These Bishop, E. (2009). Women in the Victorian are outlined in section 5.1 “Castan Centre legal profession: 1996-2006. A time of for Human Rights Law”. change or time stood still? SJD • Bernadette McSherry: Rethinking Mental Health Laws: An Integrated Eburn. (2009). Australia’s international Approach (2007-2012) Centre for Regulatory Studies disaster response – laws, rules and principles. PhD. • On 17 February 2009, the Hon. Chris ARC Discovery grants Bowen MP, Assistant Treasurer and Gaze, E. (2009). Equity for women through (new and in progress) Minister for Competition Policy and legal change: progress or problem? PhD Consumer Affairs launched a major K.Satkunasingam, E. (2009). The Role of • Jeffrey Goldsworthy, Dale Smith and new initiative on the future directions Legal Transplant Theories in the Operation Patrick Emerton (with Stephen Barker of consumer policy in Australia at the of the Contracts Act 1950 (revised 1974) (University of Nottingham) and Richard National Consumer Law and Unfair and the Consumer Protection Act 1999. Ekins (University of Auckland): A Contract Terms forum held at the PhD. Principled Theory of Legal Interpretation Monash Law Chambers. Gideon Boas (with William Schabas Sage, S. (2009). Administrative justice at the (National University of Ireland) and • The Planning and Climate Change Australian Refugee Review Tribunal. SJD. Michael Scharf (Case Western Reserve Conference, held on 20 October 2009, Sexton, S. (2009). Digging for fire: legal University)): International Criminal considered the question “how can the pluralism in the native title era 1992-2005. Justice: Law, Policy and its Relevance planning process be used to reduce PhD. to Australia’s security greenhouse gas emissions?” Wilson, D. (2009). The legality of • Pam O’Connor (with QUT): An human cloning: an analysis of the legal Integrated Legal Regime for a arguments for and against a ban on Sustainable Carbon Cycle reproductive cloning from a eugenics/ • Susan Kneebone: Law, Governance human rights viewpoint. PhD. and Regulation of Intra-regional Labour Migration in South East Asia: An Agenda for Protection and Development (2009-2011). • Bernadette McSherry (with Patrick Keyzer (Bond University), Sam Blay (UTS), John Petrilia, Rajan Darjee): Preventive Detention of High Risk Offenders: The Search for Effective and Legitimate Parameters (2008-2010). • Bryan Horrigan, The ’s International Impact and Engagement – Enhancing Judicial Accountability and Australia’s Place in International Law, 2006-2010

ARC Linkage grants (new and in progress) • Susan Kneebone with three Partner/ Collaborating Organisations: Australian Agency for International Development (AusAID); United Nations Inter-Agency Project on Human Trafficking in the Greater Mekong Sub-region (UNIAP); International Organization for Migration (IOM): Delivering Effective Protection to Victims and Prevention of Human Trafficking in the Greater Mekong Sub- Region.

Annual Report 7 • Bronwyn Naylor, Marilyn Pittard 3.8 Other Externally Mr Bryan Keon-Cohen, Victoria Law and Moira Paterson (with Georgina Foundation Small Grant: Mabo Litigation Heydon) with six Partner/Collaborating Funded Research Collection. Organisations: Corrections Victoria; (Excluding Contracts) Professor Justin Malbon, Consumer Fitzroy Legal Service Inc; job watch Advocacy Panel Grant: Attaining Inc; Victorian Equal Opportunity Dr Matthew Groves, Legal Services Board optimal carbon abatement rules through and Human Rights Commission; Project Grant: Reforming Judicial Review consumer advocacy: Learning from Victorian Association for the Care and in Victoria. European Experience on the Regulation Resettlement of Offenders (VACRO); Dr David Lindsay, Victoria Law Foundation of Energy. Australian Human Rights Commission: Grant: Understanding the Law and Living Down the Past: Criminal Record Professor David Cousins, AusAID informed practice guidelines for children Checks and Access to Employment for Research Grant: Effective Implementation engaged in social networking on the Ex-offenders. of Consumer Laws (African Governance Internet. Facility). • Mark Davison (with Anne Marsh, Daniel Palmer, Melissa Miles) with the Centre for Contemporary Photography as its Partner/Collaborating Organisation: Photography As A Crime. • Ian Freckleton (with Jacqueline Horan (The ), Jane Goodman-Delahunty (University of NSW), Professor M Israel) with three Partner/Collaborating Organisations: Australian Institute of Judicial Administration (AIJA); Australia New Zealand Policing Advisory Agency; Self-Employed Barrister, Victorian Bar: Australian Jurors’ Perspectives on Expert Evidence.

ARC LIEF grants (new) • Arie Freiberg AM (with Andrew Mowbray, Graham Greenleaf, Stephen Bottomley, Ross Grantham, Patricia Blazey, John Selby, Liz O’Donnell): Bringing Australian freeaccess legislation to international best practice standards.

8 Faculty of Law 4. Teaching

4.1 Reflections on 4.3 Teaching Professional 4.5 National Teaching Teaching During 2009 Development Presentations The Faculty continued to support In 2009, the Director of Teaching and Professor Stephen Barkoczy, as winner excellence in education by providing Manager – Education Services conducted of the 2008 Prime Minister’s Award for high quality Teaching. Professor Stephen a range of professional development Australian University Teacher of the Year, Barkoczy was Director of Teaching activities for teaching staff including was invited to make several teaching throughout 2009. Ms Joanna Becker, • Sessional Tutors Orientation presentations during the year. This the Manager – Education Services included the following presentations: • STEP – Sessional Teaching Excellence and Mr Lloyd England, the Manager – Program • “Quality Teaching: The Real Benefits” Student Experience continued to provide presented at the Inaugural Higher • Mental Health First Aid Training support for the portfolio of the Director of Education Conference 2009 in Teaching. • Faculty Teaching Workshop Canberra (March 2009). • Faculty Teaching Seminars. • “Making Learning More Effective, 4.2 Teaching Awards Realistic and Engaging” presented Faculty Teaching Awards – worth 4.4 The VC’s Showcase at Swinburne University and Deakin $1000 each were awarded to of Teaching Excellence University (July 2009). • Dr Adam McBeth – Early Career Teacher Award The Manager – Education Services 4.6 Faculty Teaching attended the annual Vice Chancellor’s • Mr Lloyd England and Mr Jason Harkess Showcase of Teaching Excellence on Workshop – Sessional Teacher Award 14th September 2009 which celebrated The Director of Teaching and Manager – • Dr Paula Gerber – Faculty Teacher Teaching Excellence across the University. Education Services conducted the Faculty Award. Mr Ross Hyams presented a session Teaching Workshop on 9th October 2009 at this Showcase on “Work Integrated External Teaching Awards – The Prato as part of the Educate09 activities. Over Learning Opportunities”. Program was nominated for, and won, forty people attended and the guest a 2009 ALTC (Australian Learning and speakers included Teaching Council) Award for Programs • Professor Stephen Barkozcy – Director that Enhance Excellence. This Award of Teaching – Introduction was valued at $25,000 and the team who wrote the Award application consisted of • Mr Jeremy King and Mr Luke Pellegrini from Blake Dawson – What do • Associate Professor Jonathan Clough – employers want to see in our students? Director International • Mr Michael Beaconsfield and Mr Jason • Dr Heli Askola – Prato Program Bagg from the LSS – What do students Co-ordinator want out of their Law Course? • Ms Joanna Becker – Manager Education Services. 4.7 Faculty Education Committee The Faculty Education Committee chaired by the Director of Teaching met four times during 2009. New members invited to join the Committee were Ms Trish Hughes, the Learning Skills Advisor and Mr Lloyd England, the Manager – Student Experience. 4.8 Quality The Faculty continued to work closely with the Centre for Higher Education Quality (CHEQ) to conduct the required evaluations. Unit Evaluations, Teaching Evaluations and the Monash Experience Questionnaire (MEQ09) were conducted to help provide systematic feedback Associate Professor Jonathan Clough and Dr Heli Askola receive a 2009 ALTC Program Award from the from students about their University and then Deputy Prime Minister Julia Gillard at the Award presentations in Canberra. Ms Joanna Becker, the Faculty experience. other member of the team could not attend.

Annual Report 9 The Faculty again had a pleasing number Semester 1 – 10 Units of Units rated in the top band each • LAW5216 – Professional Practice Semester for their performance on Q5 - Overall Satisfaction in the Unit evaluations. • LAW4523 – The Judiciary in Comparative Perspective Summer Semester 2008 to 2009 • LAW4160 – Negotiation and – 11 Units Mediation Law • LAW5151 – Vis Moot • LAW4179 – International Commercial Arbitration • LAW5152 – Taxation Law • LAW7426 – International Copyright Law • LAW4129 – Law and Discrimination • LAW7427 – International Aspects of • LAW5136 – International Environmental Foreign Investment Law • LAW7332 – Principles of Construction • LAW4180 – International Law Law of the Sea • LAW7338 – Forward with Fairness: • LAW4526E – World Trade Organisation New Labour Law Dispute Settlement • LAW7260 – Indigenous Rights and • LAW7276 – Principles of Taxation International Law • LAW7329 – The Privatising State: Semester 2 – 13 Units Reform, Regulation and Reinvention • LAW5116 – International Law of the • LAW7119 – Patents for Inventions Sea • LAW7019 – European Union Law and • LAW4160 – Negotiation and Mediation Policy Law • LAW7223 – Overview of Intellectual • LAW4225 – Non Adversarial Justice Property • LAW4522 – Remedies • LAW7277 – Advanced Corporations • LAW4130 – Law and Social Theory Law • LAW5127E – Trial Practice and Advocacy • LAW 4299E – Comparative Tax Policy • LAW4524E – Road Trauma Prevention and Compensation: Comparative analysis • LAW7087 – Local Government Law • LAW7262 – Goods and Services Tax • LAW7318 – International Law and Economic, Cultural and Social Rights • LAW7434 – The Law of Climate Change • LAW7315 – Regulatory Methods

10 Faculty of Law 5. Centre reports

5.1 Castan Centre for 5.1.1 2009 Highlights 5.1.2 Structure Human Rights Law In 2009 the Castan Centre consolidated Director: its position as one of the leading human The Castan Centre for Human Rights Law Professor Sarah Joseph rights organisations in the country. (OSP Semester 2) is named after Ron Castan AM QC (1939- It influenced public and academic 1999), who was a passionate advocate discourse, conducted cutting-edge Deputy directors: for the recognition and protection of research and gave unprecedented Ms Melissa Castan human rights and a distinguished member opportunities to secondary and tertiary (Acting Director Semester 2) of the Victorian Bar. The Centre was students to engage with human rights. Dr Julie Debeljak established in 2000 under a grant from Highlights of the year included: the Monash Law School Foundation Ms Paula Gerber to meet the need for, and interest in, • The 2009 Human Rights Conference, (Maternity leave Sept/Oct) the study of human rights law, globally, which fully subscribed for the first time Professor Susan Kneebone regionally and in Australia. • Twelve public lectures, including the Dr Adam McBeth The Castan Centre for Human Rights Annual Lecture hosted in conjunction Faculty associates: Law seeks to promote and protect with the Melbourne Writers Festival human rights through the generation and Dr Heli Askola • Two roundtables and workshops dissemination of public scholarship in Dr Gideon Boas international and domestic human rights • One human rights career series Ms Azadeh Dastyari law. • Eight Global Internships undertaken by (OSP Semester 1 & Maternity leave from Monash Law students at organisations September 2009) on five continents including, for the first Dr Patrick Emerton time, South America Dr Stephen Gray (OSP Semester 1) • Twenty two in-house internships, Ms Tania Penovic covering the summer and winter Mr David Yarrow breaks, and both semesters Centre personnel: • Nine Aurora internships, completed at native title representative bodies, and Mr Marius Smith other Indigenous organisations, around Ms Erica Contini the country Mrs Kay Magnani • The third annual Charter of Human In pursuit of this mandate, the Centre Advisory board: Rights mooting competition brings the work of human rights scholars, Professor Philip Alston, practitioners and advocates from a • The third annual Writing for Human New York University School of Law wide range of disciplines together in Rights essay competition the Centre’s key activities of research, Professor Virginia Dandan, teaching, public education (lectures, • Four practical human rights placement University of the Philippines seminars, conferences, speeches, media positions with Melbourne law firm Holding Redlich Mr Patrick Dodson, presentations etc), applied research, Lingiari Foundation Inc advice work and consultancies. • Twenty submissions to Parliamentary The Hon Elizabeth Evatt AC The Centre has established and taught committees on many areas of human a number of human rights courses in the rights, including the National Human Professor Claudio Grossman, Monash Law School; coordinates local Rights Consultation Washington College of Law and international internship opportunities; Judge Felicity Hampel, hosts conferences, workshops, lectures County Court of Victoria and other public events inside and outside the university; is involved in civil Professor Christof Heyns, society, the media and public debate on Centre for Human Rights, S. Africa human rights issues; won grants and The Hon Justice Michael Kirby AC CMG, project tenders on cutting-edge issues, and involves itself in global and regional Professor Ivan Shearer, human rights problems. UN Human Rights Committee Judge Christie Weeramantry, Weeramantry International Centre for Peace Education and Research

Annual Report 11 5. Centre reports

5.1.3 Public events • Nin Tomas, Auckland University, Workshops and Roundtables ‘The Declaration on the Rights of The Centre conducted a number of Public lectures and events Indigenous Peoples. Can Australians learn from Maori experiences or are we significant workshops and roundtables • Richard Clarke, Human Rights Officer following completely separate paths?’, during 2009, each of which contributed to in the Anti Discrimination Unit of 29 October the development of law and policy on vital human rights issues. the Office of the High Commission • Professor Hugh Corder, Faculty of for Human Rights, Geneva; Andrea Law, University of Cape Town ‘A • Legal and Criminal Justice Response Durbach, Director, Australian Human human rights roadmap: Has the to Trafficking in Persons in Australia Rights Centre; and Tom Calma, constitutional protection of economic, Workshop held in November 2009. Aboriginal and Torres Strait Islander social and cultural rights worked in The workshop was convened under Social Justice Commissioner and South Africa?’, 4 November the ARC Linkage Grant entitled Race Discrimination Commissioner, • ‘The Indigenous Birth Registration ‘Australia’s Response to Trafficking in Australian Human Rights Commission and Birth Certificates Symposium’, Women: A Model for the Regulation (delivered by Ihab Shalbak), ‘Can the organised by Dr Paula Gerber and of Forced Migration in the Asia-Pacific UN Combat Racism? A preview of Ms Melissa Castan, 1 December Region?’, and was supported by the Durban Review Conference’, 20 the Attorney-General’s Department. February • Dame Rosalyn Higgins DBE QC, The workshop was convened by the retired President of the International • Justice Richard Goldstone, former Castan Centre’s Dr Julie Debeljak Court of Justice and a Holding Redlich judge of the Constitutional Court of and Professor Susan Kneebone. Distinguished Visiting Fellow, ‘The ICJ South Africa, former Chief Prosecutor Speakers included Dr Anne Gallagher in the contemporary world of human of the International Criminal Tribunals (Technical Director of the Asia Regional rights’, 8 December for the former Yugoslavia and Rwanda Trafficking in Persons Project), Ms and a Holding Redlich Distinguished Elizabeth Broderick (Sex Discrimination • Conferences Visiting Fellow, ‘The Current State of Commissioner), Commander Ramzi International Criminal Justice’, 3 March 2009 Annual Castan Centre Conference: Jabbour (Manager Border Operations, “The Changing Human Rights • Professor Frank Garcia, Law Faculty Australian Federal Police), Mr Albert Landscape” Boston College, Director – Law & Moskowitz (Prosecutorial Adviser, Justice in the Americas Program, Held on Friday 17th July 2009, State ARTIP), Judge Michael McInerney ‘The Doha Round and its implications Library of Victoria. The Conference was (Victorian County Court) and Associate (success or failure) for developing fully subscribed for the first time, and was Professor Jennifer Burn (Director of the countries’, 31 March a great success. Speakers were: Anti-Slavery Project, UTS) • Ms Tina Minkowitz, Co-Chair, World • The Hon. Robert McClelland, • Symposium on Indigenous Birth Network of Users and Survivors of Commonwealth Attorney-General Registration and Birth Certificates held in December 2009. The Psychiatry and founder of the Center • Dr Ben Saul, Director of the Sydney for the Human Rights of Users symposium discussed the experience Centre for International Law, University of Indigenous Victorians relating to and Survivors of Psychiatry, ‘The of Sydney Convention on the Rights of Persons birth registration and birth certificates. • The Hon. Justice Chris Maxwell, with Disabilities: A New International Speakers included Elaine Terrick, who President of the Victorian Court of Order for the Human Rights of Users discussed the difficulty in obtaining Appeal and Survivors of Psychiatry’, 3 June identification as an Indigenous • Mr Alistair Pound, Barrister Victorian, Joel Orenstein (Solicitor), • ‘Human Rights Arts and Film Festival’, Glenn Bond (PLAN Australia), Frank • The Hon Robert Hill, Former Australian hosted by the Castan Centre at the Guivarra (CEO of the Victorian Ambassador and Permanent Monash Cinema, Clayton, 6 August Aboriginal Legal Service) and the Representative to the United Nations • Ms Rebiya Kadeer, Leader of the Castan Centre’s Melissa Castan and World Uighur Congress, ‘China’s • Professor Hilary Charlesworth, Dr Paula Gerber. Director of the Centre for International Treatment of its Uighur Minority’, • Human Rights and Indigenous Governance and Justice, Australian 7 August Archives Research Forum organised National University • Annual Lecture by Justice Thomas by the Centre for Organisational Buergenthal of the International • Professor Chris Sidoti, former and Social Informatics (COSI) in Court of Justice and a Holding Australian Human Rights conjunction with the Centre for Redlich Distinguished Visiting Fellow, Commissioner, Visiting Professor at Australian Indigenous Studies (CAIS) ‘Responding to Genocide’, 27 August Griffith University and University of and the Castan Centre for Human Western Sydney • David Ritter, Indigenous rights lawyer, Rights Law, 7 August 2009 ‘Native Title for Sale’, 21 September • Professor Sarah Joseph, Director of the Castan Centre for Human Rights Law • Tony Maniaty, journalist, author and consultant on the movie Balibo ‘War reporting, international humanitarian law and the legacy of Balibo’, 15 October

12 Faculty of Law 5.1.4 Conference papers • S. Joseph, ‘Israel, the Occupied • S. Kneebone, ‘ASEAN’s role in Territories and Human Rights’, protecting the rights of migrant and public speeches Australian Centre for Jewish workers’, invited presentation to • J. Debeljak, ‘Australia’s Human Rights Civilisation, Monash University, conference on Building Human Rights Report Card’, panel discussion at the 6 August 2009 Institutions in the Asia-Pacific Region, Australian Lawyers Alliance Annual • S. Joseph, ‘The Human Rights Faculty of Law, Sydney University, 27 National Conference, 22 October, Council: Three Year Report Card’, November 2009 Sanctuary Cove Lauterpacht Centre for International • A. McBeth, ‘Balancing Competing • J. Debeljak, ‘The Legislative Law, Cambridge University, Rights under the Victorian Charter’, Framework for Combating Trafficking 23 October 2009 presented to the Law Institute of in Persons’ (Background Paper • S. Joseph, ‘Human Rights Council: Victoria ‘Human Rights Conference prepared for the Legal and Criminal Three Year Report’ 2009’, 21 August 2009 Justice Responses to Trafficking – Interights, London, 28 October 2009 • B. McSherry, ‘Agents of State Control: in Persons in Australia: Obstacles, – VU (Free University), Amsterdam, The Ethics of Risk Assessment Opportunities and Best Practice 9 November 2009 Testimony for Preventive Detention Workshop, Melbourne, 9 November – University of Nottingham, UK, Schemes’ Autumn Symposium: 2009), 1-39 (with S. Kneebone, M. 26 November 2009 Australian & New Zealand Association Cullen, F. Ransom) • S. Joseph, ‘Corporations and Human of Psychiatry, Psychology and Law • P. Emerton, ‘Human Rights – A Longer Rights’, Herbert Smith Law Firm (ANZAPPL) Paper: 17 May 2009 History – Response to Historians’, Breakfast Seminar, London, 12 • M. O’Sullivan, ‘Protection in the Symposium on Human Rights: A November 2009 Context of Refugee Status’, delivered Longer History, Melbourne, 9-10 • S. Joseph, ‘Overview of Transnational at the International Conference October 2009 Litigation’, Corporate Complicity in ‘Protecting People in Conflict and • P. Gerber, ‘Like Ripples from a Human Rights Violations, Lauterpacht Crisis: Responding to the Challenges Pebble someone Tosses in a Stream: Centre for International Law and of a Changing World’, Refugee Studies Using Human Rights Education to Africa First, Cambridge University, Centre, , 23 Create a Human Rights Culture’, 16 December 2009 September 2009 paper presented at the Victorian • S. Kneebone, ‘Governance of • M. O’Sullivan, ‘The Cessation Equal Opportunity & Human Rights Labour Migration in South East Asia’, Provisions of the EU Qualification Commission conference, Melbourne, presented to 6th Asian Law Institute Directive – Do they provide protection March conference, University of Hong Kong, against persecution or “effective • P. Gerber, ‘Human Rights Education’, 29 May protection”?’, delivered at the Cuenca Colloquium on International Refugee paper presented to the United Nations • S. Kneebone, ‘Immigration Law, Spain, 1 October 2009 Youth Association conference, Detention in Australia: Success or University of Melbourne, April. Smokescreen?’, address to the • T. Penovic, ‘Public International • S. Joseph, Speaker, Community Immigration Legal Practitioners’ Law and Human Rights in Australia’ Observance of the Opening of Association (UK), London, 10 June presentation to Australian Institute of International Affairs ACCESS Youth the Legal Year, Parliament House, • S. Kneebone, ‘Governance of Labour Network Forum ‘Inside the World of Melbourne, 2 February Migration in South East Asia: Lessons International Law, 30 September 2009 • S. Joseph, Keynote Speaker, Induction for the Globe?’ presented to IASFM of new members of the Monash 12, Nicosia, Cyprus, 29 June Golden Key Society, 22 April • S. Kneebone, ‘Protection and victims • S. Joseph, Human Rights and Digital of trafficking in the Greater Mekong Story-telling, Australian Centre for the Sub-region’ presented to IASFM 12, Moving Image, 16 May Nicosia, Cyprus, 30 June • S. Joseph, Inaugural Human Rights • S. Kneebone, ‘International Standards Lecture, North Queensland Law for Labour Migrants’, keynote address Association conference 2009, presented to the Labour Trafficking Townsville, 29 May Forum, University of Technology • S. Joseph, ‘A Federal Bill of Rights’, Sydney, July 2009. presented at the District and County • S. Kneebone, ‘Refugee Futures: Court Judges conference, Sydney, Perspectives from South East Asia’ 25 June presented to the Refugee Futures • S. Joseph, ‘Human Rights Events: The Conference, 10-12 September, Prato Year in Review’, Castan Centre Annual • S. Kneebone, ‘Refugees, Crime and Conference ‘The Changing Human Security: The Trafficking-refugee Rights Landscape’, State Library of nexus’ presented to the Refugee Victoria, 17 July 2009. Futures Conference, 10-12 September, Prato.

Annual Report 13 5. Centre reports

5.1.5 Courses offered • P. Gerber and M. Castan, ‘Indigenous • S. Joseph, A. McBeth and E. Contini Birth Registration and Birth Evidence given before Joint Standing Postgraduate units Certificates’ Symposium, 1 December Committee on Foreign Affairs, Defence • S. Kneebone, Member of the and Trade regarding the ‘Inquiry into • G. Boas, International Criminal Justice organising committee of Refugees Human rights mechanisms and the • J. Debeljak, Overview of Human Rights Futures Conference, Prato, Italy, Asia-Pacific Region’, April 2009 Law September 2009 • S. Joseph (major author), Castan • K. Eastman, International Human • J. Kyriakakis (in conjunction with Centre Submission to the National Rights Law and Women L. May), Co-ordinated the Special Human Rights Consultation, ‘A Federal Human Rights Mechanism’, June 2009 • I. Freckleton, Health Law and Human Workshop on Defenses and Rights Punishment in International Criminal • S. Kneebone and T. Penovic, Law, Program of Special Workshops Submission to the Legal and • P. Gerber, International Law and and Working Groups, held at the 24th Constitutional Affairs Committee on Economic, Social and Cultural Rights IVR World Congress of Philosophy of the Migration Amendment (Immigration • P. Gerber, Protecting the Rights of Law and Social Philosophy, China Law Detention Reform) Bill 2009, (with H. Minorities, Marginalised and Vulnerable Society, Beijing, 16 September 2009 Fabinyi and E. Moskovitch), 6 August People 2009 • S. Joseph, Overview of International 5.1.6 Submissions • S. Kneebone, Submission to the Human Rights Law • J. Debeljak, Submission to the Standing Committee on Legal and • S. Joseph, Terrorism and Human Rights National Consultation on Human Constitutional Affairs on the Inquiry into • S. Kneebone, Forced Migration and Rights Committee, 15 June, 1-88 the Australian Citizenship Amendment (Citizenship Test Review and Other Human Rights, • J. Debeljak, Submission to the Measures) Bill 2009, (with L. Healy and Advisory Group on Reform of M. Money), 6 August 2009 Undergraduate units Australian Government Administration regarding ‘Reform of Australian • S. Kneebone, Evidence given to the • H. Askola, International Human Rights Government Administration: Building Standing Committee on Legal and • M. Castan, Current Issues in the world’s best public service’ (with Constitutional Affairs on the Australian Indigenous Rights M. Smith), 2 December 2009 Citizenship Amendment (Citizenship Test Review and Other Measures) Bill • S. Kneebone, Citizenship and • P. Emerton. Submission to the 2009, 27 August 2009 Migration Law Standing Committee on Finance • A. McBeth, International Criminal Law and Public Administration regarding • S. Kneebone, Evidence given to the Victorian Parliamentary Committee on • A. McBeth, International Human Rights the Inquiry into the National Security Legislation Monitor Bill 2009, February Trafficking and Prostitution, Melbourne, • T. Penovic, Human Rights in Australian 2009 5 November 2009 Law • B. Horrigan, Submission to the • A. McBeth, J. Debeljak, M. Castan, Short courses, seminars and National Human Rights Consultation P. Gerber, M. Smith, S. Gray, T. Penovic, R. Alexander, Submission to training programs Committee, June 2009 the Attorney-General’s Department • B. Horrigan, Evidence given before regarding the follow-up to Human • J. Debeljak, Human Rights Trainer, the Human Rights Consultation Rights Committee Concluding Charter Workshop – Theory and Committee on the National Human Observations, 20 November 2009 Practice, Practical Training for Victorian Rights Consultation, 3 July 2009 Barristers on the Victorian Charter, as part of the Continuing Legal • P. Gerber, Evidence given before Education program for the Victorian the Human Rights Consultation Bar Association Inc and the Victorian Committee on the National Human Bar Charter Working Group, 7 and 14 Rights Consultation, 3 July 2009 February • P. Gerber and A. Sifris, Submission • J. Debeljak and A. McBeth: Provision to the Standing Committee on Legal of Human Rights Training for DFAT, and Constitutional Affairs, ‘Inquiry into 1-2 October. Marriage Equality Amendment Bill’, (with M. Smith and E. Contini), • J. Debeljak and A. McBeth: Provision 4 September 2009 of Human Rights Training for DFAT, 8-9 October • J. Debeljak and S. Kneebone, Convened a Workshop entitled ‘Legal and Criminal Justice Responses to Trafficking in Persons in Australia: Obstacles, Opportunities and Best Practice’ Workshop, 9 November

14 Faculty of Law 5.1.7 Publications • S. Kneebone, Chapter 1, ‘The Rule of • P. Gerber, ‘Making Indigenous Law and the Role of Law: Refugees Australians ‘Disappear’: Problems Books and Asylum Seekers’ in Refugees, arising from our Birth Registration Asylum Seekers and the Rule of Law: Systems’ (2009) 34(3) Alternative Law • S. Joseph, D. Kinley and J. Waincymer Comparative Perspectives (Cambridge Journal 158 (eds), The World Trade Organization University Press, 2009) • P. Gerber, ‘Making Visible the Problem and Human Rights: Interdisciplinary • S. Kneebone, Chapter 4, ‘The of Invisibility’ (2009) 83(10) Law Perspectives, (Edward Elgar, UK, Australian Story: Asylum Seekers Institute Journal 52 2009) Outside the Law’ in Refugees, • S. Gray, ‘Of royalty, rumour and the • S. Kneebone (ed), Refugees, Asylum Asylum Seekers and the Rule of Law: power behind the throne: sedition Seekers, and the Rule of Law: Comparative Perspectives (Cambridge in modern Malaysia’ (2009) 34(1) Comparative Perspectives (Cambridge University Press, 2009) Alternative Law Journal, 55 University Press, 2009) • S. Kneebone, Chapter 6, ‘Conclusions • S. Gray, ‘The blogger prince and • A. McBeth, International Economic on the Rule of Law’ in Refugees, the cultured Mongolian: sedition Actors and Human Rights, (2009, Asylum Seekers and the Rule of Law: prosecutions in the modern Malaysian Routledge) Comparative Perspectives (Cambridge state’ (2009) 14(4) Media and Arts Law University Press, 2009) Book chapters Review, 455-474. • S. Kneebone, ‘Trois figures de la • S. Joseph, ‘Human Rights and the • G. Boas, ‘Forms of responsibility in femme: actrice, victime et refugie. WTO: Issues for the Pacific’, (2009) 20 International Criminal Law – Some Contribution au debat sur la traite Victoria University of Wellington Law Problems and Answers’ in Larissa des personnes’ (‘The trafficking Review 351-367 van den Herik et al (eds), Future dialogue: women as agents, victims • S. Kneebone, Review of Sara E. Perspectives on International Criminal and refugees’) in F. Crepeau et al Davies, Legitimising Rejection: Justice (Asser Press/Cambridge eds Les migrations internationales International Refugee Law in South University Press, 2009) contemporaines: Une dynamique East Asia (Martinus Nijhoff Publishers, complexe au coeur de la globalisation • G. Boas, ‘Review of contempt and 2008) (2009) (22 No 2) Journal of published (in French) by Les Presses misconduct proceedings’, in André Refugee Studies pp 243-245 Klip and Göran Sluiter (eds), Annotated de l’Universite de Montreal (2009) • J. Kyriakakis, ‘Australia and Leading Cases of International Criminal pp.39-69 International Criminal Law: The Tribunals, Volume XXI (Intersentia, 2009) • M. O’Sullivan, ‘The intersection Responsibilities of Companies to Abide between the international, the regional • P. Emerton, ‘International Economic by International Criminal Law’ (2009) and the domestic: Seeking asylum in Justice: Is a principled liberalism 5(1) Journal of International Peace the United Kingdom’, in S. Kneebone possible?’ in S. Joseph, D. Kinley, Operations 29-30 J. Waincymer (eds) The World Trade (ed), Refugees, Asylum Seekers • J. Kyriakakis, ‘Corporate Criminal Organization and Human Rights: and the Rule of Law: Comparative Liability and the ICC Statute: The Interdisciplinary Perspectives, (Edward Perspectives (Cambridge University Comparative Law Challenge’, Elgar, UK, 2009) 133-161 Press, 2009) Netherlands International Law Review • S. Joseph, ‘Democratic Deficit, the Articles (2009) 56(3) 333-366 Right to Political Participation and • A. McBeth, ‘Crushed by an Anvil: the World Trade Organization’ in • G. Boas, ‘Trying tyrants for mass A Case Study on Corporate S. Joseph, D. Kinley, J. Waincymer atrocity’ (2009) Alternative Law Journal Responsibility for Human Rights in (eds) The World Trade Organization • M. Castan, ‘International and the Extractive Sector’, (2008) 11 Yale and Human Rights: Interdisciplinary Comparative Indigenous rights Human Rights and Development Law Perspectives, (Edward Elgar, UK, via video conferencing’ with M. Journal 127-66 2009) 313-343 Stephenson, B Morse, L. Robertson, • A McBeth, ‘A Right by Any Other • S. Joseph, ‘Trade and the Right to D. Yarrow, N. Tomas and R. Name: The Evasive Engagement of Health’, in Andrew Clapham and Mary Thompson, (2009) 19(1) Legal the International Financial Institutions Robinson (eds), Realizing the Right to Education Review 237-256 with Human Rights’ (2009) 40 George Health (Swissbook, Geneva, 2009), • P. Emerton and T. Handfield, ‘Order Washington International Law Review 361-369 and Affray: Defensive Privileges in 101-56 • S. Kneebone, ‘Introduction: Warfare’, Philosophy & Public Affairs v • B. McSherry and M. Cullen, ‘Without Refugees and Asylum Seekers in the 37 (2009): 382-414 Sex: Slavery, Trafficking in Persons and International Context – Rights and • P. Gerber, ‘If I were Attorney- the Exploitation of Labour in Australia’ Realities’ in Refugees, Asylum Seekers General…’, Human Rights Law (2009) 34(1) Alternative Law Journal and the Rule of Law: Comparative Resource Centre Bulletin, (June 2009) 4-10 Perspectives (Cambridge University Press, 2009) • B. McSherry, ‘Mental Health Laws for Those “Compliant” with Treatment’ (2009) 17(1) Journal of Law and Medicine 16-21, (with D. Bruckard)

Annual Report 15 5. Centre reports

• B. Naylor, (with B. Saunders), Rights in Closed Environments’ to for ex-offenders’ ($96,000), Partner ‘Whose Rights? Children, Parents and be held at the Monash University Organisations: Corrections Victoria Discipline’, 2009, 34/2, Alternative Law Campus in Prato in September 2011, (Department of Justice), Australian Journal, 80-85. J. Debeljak Human Rights Commission, Victorian • T. Penovic, Contributing author, • Attorney-General’s Department ‘Grants Equal Opportunity and Human Rights Oxford Australian Legal Dictionary to Australian Organisations Program, Commission (VEOHRC), JobWatch, (Oxford University Press, 2009), 2009-2010’, to run a Workshop Victorian Association for the Care and definitions in word categories including entitled ‘Legal and Criminal Justice Rehabilitation of Offenders (VACRO) constitutional law, torts, international Responses to Trafficking in Persons in and Fitzroy Legal Service, 2009, law and human rights law Australia: Obstacles, Opportunities and B. Naylor • T. Penovic, Book review ‘Human Best Practice’ on 9 November 2009 5.1.10 Visiting fellows Rights Overboard: Seeking Asylum in ($13,720), J. Debeljak Australia’ by L. Briskman, S. Latham • Geneva Academy of International The Holding Redlich ‘Distinguished and C. Goddard, Journal of Refugee Humanitarian Law and Human Rights, Visiting Fellowship Program’, under Studies (Oxford University Press, 2009) project relating to the 60th anniversary the auspices of the Castan Centre, is of the Universal Declaration of Human designed to attract one or more high Other Publications Rights, ‘Human Rights Education as profile international or domestic human a Means of Preventing Human Rights rights scholars or experts each year to the • M. Castan and C. Watts (eds), Abuses’, P. Gerber centre. Visiting Fellows for 2009 were: Handbook for Interns: A guide to internships at Native Title • Administration of Aboriginal affairs • Dame Rosalyn Higgins DBE QC, Representative Bodies, Native during the ‘assimilation’ era, S. Gray retired President of the International Title Service Providers, Indigenous • Oxford University Press, Analysis of all Court of Justice, Dame Rosalyn corporations, government bodies, decisions of UN Human Rights treaty Higgins was the first female judge community groups, not-for-profit, monitoring bodies. S. Joseph appointed to the International Court policy and other Indigenous • ARC Linkage Grant, ‘Australia’s of Justice in 1995, and served as organizations (The Aurora Project) Response to Trafficking in Women: its president from 2006 until her A Model for the Regulation of Forced retirement in early 2009. She is the 5.1.8 Media Migration in the Asia-Pacific Region?’, recipient of numerous awards and honorary degrees and is currently the • S. Joseph, Letter to the Editor, with fellow Chief Investigators Prof advisor on international law to the Somewhat Ill-Informed, The Australian, Bernadette McSherry and Prof Susan British government’s inquiry into the 9 April 2009 Kneebone Iraq war. • S. Kneebone, Quoted in Sydney • ARC Linkage Grant, ‘Delivering • Justice Thomas Buergenthal of the Morning Herald article by Jonathan Effective Protection to Victims and International Court of Justice. Justice Pearlman, ‘Fate in air as arrival status Prevention of Human Trafficking in Buergenthal, formerly of the UN in doubt’, 18 April 2009 the Greater Mekong Sub-Region’, S. Kneebone Human Rights Committee and the • S. Kneebone, Assisted and quoted Inter-American Court of Human Rights, in article by Erin Tennant on ninemsn, • ARC Discovery Grant ‘Law, is currently a judge at the International ‘Illegal boat arrivals reflect global Governance and Regulation of Intra- Court of Justice in The Hague. He trend’, 23 April 2009 regional Labour Migration in South was imprisoned as a child in Nazi • S. Kneebone, Quoted in ABC News East Asia: An Agenda for Protection concentration camps. and Development’, S. Kneebone article by Brendan Trembath, ‘Apology • Justice Richard Goldstone was a to abused ‘won’t help compo claims’’, • ARC Linkage Grant ‘Applying former judge of the Constitutional 31 August 2009 Human Rights Legislation in Closed Court of South Africa and former Chief Environments: A Strategic Framework Prosecutor of the International Criminal 5.1.9 Research projects for Managing Compliance’, B. Naylor, Tribunals for the former Yugoslavia A. Freiberg, J. Debeljak, S. Thomas • Commonwealth of Australia, Services and Rwanda. From 1991 to 1994, he and I. Dussuyer. for Native Title Representative Bodies, was Chairperson of the Commission ‘Aurora Project’, M. Castan, D. Yarrow, • Legal Services Board Grant ‘Lawful of Inquiry Regarding Public Violence R. Potok and M. Smith Correction or Child Abuse: Clarifying and Intimidation (‘the Goldstone the boundaries, sanctions and Commission’) • Faculty Small Grants Scheme Award decision-making surrounding the ‘Making Indigenous Australians physical discipline of children’, B. Disappear: The Magic Tricks Naylor, R. Alexander and B. Saunders. performed by our Birth Registration Systems’ M. Castan (with P Gerber). • Australian Research Council Linkage Grant (with Professor Marilyn Pittard, • Law Faculty Conference Support Associate Professor Moira Paterson Scheme Grant in 2009, ($10,000, with and Dr Georgina Heydon) ‘Living B. Naylor). The Grant will contribute to down the past: Criminal record the costs of organizing an international checks and access to employment conference, ‘Implementing Human

16 Faculty of Law 5.1.11 Student programs (b) In-house Internship Program This competition is held to engage young During 2009 we selected 22 interns people with the law and legal debate (a) Global Internship Program for the Centre’s in-house Internship through current human rights, social The Castan Centre global Internship Program covering the summer and winter and political issues. 74 essays were Program selected 8 interns for the breaks, and both semester. This program received from students and prizes for first, following organisations with funding from provides community-minded Monash second, third and a schools prize were the Student Mobility Fund, Daniel and law students the opportunity to assist the awarded at the Great Law Week Debate. Danielle Besen and the DVC Education Centre in developing and implementing its The competition was supported with Fund: suite of human rights programs. a General Grant from the Victoria Law Foundation. • Human Rights First, New York (c) Human Rights Career Series • Australian Delegation to the United Seminars (f) Advanced Professional Practice Nations Human Rights Council, Geneva Eila Pourasgheri, Lawyer, Women’s Legal A. McBeth and T. Penovic, Academic • International Women’s Rights Action Service Victoria Conveners of Human Rights Clinic in Watch – Asia Pacific, Kuala Lumpur the LLB subject ‘Advanced Professional (d) Charter of Rights Moot and Geneva Practice’ run by the Castan Centre in Victorian Charter of Human Rights and conjunction with Holding Redlich. • Oxfam Australia, Durban, South Africa Responsibilities Moot, with Law School (g) The Aurora Project • Amazon Defense Coalition, Quito teams competing from Monash University, • Centre for Constitutional Rights, La Trobe University, Melbourne University, Nine interns were placed at a number of New York Victoria University and Deakin University, bodies, including native title representative was sponsored by Clayton Utz and held bodies, the Australian Human Rights • International Criminal Tribunal for the Commission and the Cape York Institute. Former Yugoslavia, The Hague at Clayton Utz and the Court of Appeal from 31 August – 10 September. A La The centre’s Deputy Director M. Castan An information session on the program Trobe University team was the winner of and Manager M. Smith interviewed all the was held for students at Monash the 2009 Moot. applicants from Monash, Latrobe, Deakin University Clayton in July 2009. The global and Victoria Universities and assisted interns also underwent cross-cultural (e) Human Rights Essay Competition Aurora personnel with selection of training prior to their internships. The Castan Centre sponsored the appropriate interns and recipient bodies. 2009 Writing for Human rights Essay In addition they continued administration, Competition for Victorian year 11 and 12 financial control and editing duties in school students. The topic for 2009 was regard to this project. ‘”We’re not morons”: governments should butt out of young people’s lives’.

Annual Report 17 5. Centre reports

5.2 Centre for Ms. Meli Voursoukis Internal Seminars (Centre Administrator), Regulatory Studies • 20 October 2009: Collective Dr Sandra Webb Bargaining, Authorisation and harm to The Monash Centre for Regulatory (Business Development). outsiders’ Studies is a joint initiative between Presented by Professor Stephen the faculties of Law, Business and Advisory Board King, Dean, Faculty of Business and Economics, Arts, Medicine, Nursing and Ms Penny Armytage Economics, Monash University Health Sciences and Pharmacy and Secretary, Department of Justice Pharmaceutical Sciences. The aim of the • 19 May 2009: ‘Regulatory reform Centre is to integrate regulatory theory Mr Wayne Byres through institutional change’ Executive General Manager, Diversified and practice through a cross-disciplinary Presented by Dr David Cousins, Institutions Division, Australian Prudential approach to postgraduate teaching and Monash Centre for Regulatory Studies, Regulation Authority (until August 2009) research programs. Faculty of Law, Monash University. Mr Simon Corden The objectives of the Centre are to: Director, Victorian Competition and • 5 May 2009: ‘Regulating for private • promote interdisciplinary post- Efficiency Commission (until June 2009) involvement in public service delivery – graduate teaching and higher degree a policy approach’ Mr Richard Clarke research programs Executive Director, Victorian Competitions Presented by Dr Niels Ejersbo, visiting • foster interdisciplinary innovative and Efficiency Commission (From July academic from Department of Political research in regulatory theory and 2009) Science and Public Management, practice University of Southern Denmark Ms Jo Daniels • encourage engagement in the national Partner, Clayton Utz and international academic activities of 5.2.3 Staff members’ Mr Rex Deighton Smith the discipline and contribute to public Director, Jaguar Consulting Pty Ltd activities policy making Mr Joe Dimasi • develop opportunities for research Commissioner, Australian Competition Conference Papers grants and other research funding and Consumer Commission Bowman, DM (2009), ‘International • make a significant contribution to the Ms Wendy Peter Developments: An Australian (or ‘Down faculties participating in this initiative Partner, Allens Arthur Robinson Under’) Perspective’, invited presentation • provide a scholarly presence, at the 2nd Annual Conference on Mr John Price that is recognised nationally and Nanotechnology Law, Regulation, and Australian Securities and Investment internationally, in the interdisciplinary Policy, Washington DC, 18-19 February. Commission (until June 2009) study of regulation Mr Warren Day Bowman, DM (2009), ‘General Lessons • undertake and encourage training, Regional Commissioner, Australian from the Case Studies: Regulatory research and consultancy activities Securities and Investment Commission Issues’, rapporteur for the European in the public and private sectors in (from July 2009) Commission’s 3rd Nano Safety for Australia and overseas Success Dialogue: Building Trust in • run seminars, workshops and short Nanotechnology, Brussels, 4 November. courses for the public and private 5.2.2 Public events sectors Bowman, DM (2009), ‘Regulating Public Seminars Nanotechnologies: A Bird’s Eye View’, invited presentation at the 5.2.1 Structure • ‘Planning and Climate Change: Nanotechnology: The Next Asbestos?, how can the planning process be Director: Safe Work Tasmania Week, 29 October. used to reduce the greenhouse gas Professor Graeme Hodge emissions?’, conference, a joint Bowman, DM and B Brooks (2009), Acting Director: initiative with Monash Sustainability ‘Legal and human factors issues in Professor Justin Malbon Institute, Monash University Law the production and transportation of (for six months from August 2009) Chambers, 20 October, 2009. engineered nanoparticles in the context of limited toxicity data’, paper presented to Members and Associates: • Nanodialogue on Nanotechnology and Food Regulation. A joint workshop International Congress on Occupational Associate Professor Niels Ejersbo between the Australian Office of Health, Cape Town, 22-27 March. (visiting fellow, August 2008 – July 2009) Nanotechnology, MCRS and the Bowman, DM and G Gilligan (2009), Dr David Cousins Australian Food and Grocery Council, ‘Self-regulation by industry: Sufficient to (Professorial Fellow) 25 March 2009. Chaired by Professor protect the consumer, the company and Dr. Diana Bowman Graeme Hodge. the technology?’, Working Conference on (Senior Research Fellow), • ‘National Consumer Law and Nanotechnology Regulatory Policy, UCLA, Dr. George Gilligan Unfair Contract Terms’, seminar, 17 April. (Senior Research Fellow), Monash University Law Chambers, 17 February, 2009.

18 Faculty of Law Cousins D (2009), “The Substantial Hodge, GA (2009), ‘Nanotechnology, Hodge, GA (2009), ‘Regulatory Issues Lessening of Competition of Competition still mapping the wild regulatory and Best Practice’, presented to the Test”’ Presentation to the Competition frontiers’, presented at the Seminario Board of Dairysafe Victoria, Melbourne, Law for Legal Practitioners Conference de actualizacion: New Frontiers of Thursday 19 March. organised by the Zambian Competition Regulation, Mexico, 29 October. Bowman, DM (2009), ‘Regulating Commission and the Law Association of Hodge, GA (2009), ‘PPPs the Nanotechnologies’, invited presentation Zambia, Lusaka 20 November. Phenomenon and the brand’, presented at the Nanotechnology: The Next Cousins D (2009), “ The Control of at the Plenary session, Infrastructure, Asbestos?, ACTU Half Day Seminar, 4 Mergers”, Presentation to the Competition where are we going and when will it February. Law for Legal Practitioners Conference happen, Civil Contractors Federation organised by the Zambian Competition 2009 National Conference, Perth, 24 Submissions to Parliamentary Commission and the Law Association of October. Committees/public inquiries Zambia, Lusaka 20 November. Hodge, GA (2009), ‘As Easy as ABC: Hodge, GA (2009), Meeting with OECD Cousins, D (2009) ‘Where to now with Privatisation and the public good’, Regulatory Reform Review Panel for credit regulation’, invited presentation presented at the Victorian Council of Australia, 4th February, Caulfield. at The National Consumer Congress in Social Service (VCOSS) Congress 2009: Adelaide, 13 March. Protecting Social Equity When the Going Cousins, D (2009) Submission to the Gets Tough, Melbourne, 6 August. Australian Treasury, Response To Issues Cousins, D (2009) ‘Regulation reform Paper Consumer Voices: Sustaining in Australia: balancing competition and Hodge, GA (2009), Invited Chair and advocacy and Research in Australia’s regulation’, invited presentation at 9th referee for Governing good and governing New Consumer Policy Framework, 13 Annual Competition Law & Regulation well, The First Global Dialogue on Ethical July 2009. Review Conference in Wellington, 25 and Effective Goverrnance, Amsterdam, February. 28-30 May. Hodge, GA (2009), National Enabling Technologies Strategy and Discussion Cousins D (2009), Recent Developments Hodge, GA (2009), ‘Reviewing PPP Paper for the Department of Innovation, in Consumer Policy in Australia, Performance: Some Thoughts on Industry, Science and Research, Presentation to the Office of Consumer Evaluation’, invited presentation at the Canberra, 17 August. Protection, Department of Trade and 13th Annual IRSPM Conference in Industry Republic of South Africa, 7 Copenhagen, 6-8 April. Hodge, GA (2009), participation in September 2009. Also published in Ministerial Roundtable meeting on Monash University Law Matters Public Addresses Nanotechnology with Senator the Hon Kim Carr, Minister for Innovation, Industry, Cousins, D (2009), ‘Scope and Impact Bowman, DM (2009), ‘General Lessons Science and Research, Canberra, 7 of proposed consumer credit protection from the Case Studies: Regulatory September. amendments’, invited presentation at the Issues’, rapporteur for the European FINSIA Consumer Finance Symposium, Commission’s 3rd Nano Safety for Hodge, GA (2009), participation in Melbourne 27 August 2009 Success Dialogue: Building Trust in Ministerial Roundtable meeting on Nanotechnology, Brussels, 4 November. Nanotechnology with Senator the Hon Hodge, GA (2009), ‘The Australian PPP Kim Carr, Minister for Innovation, Industry, Experience: Some observations and Hodge, GA (2009), ‘Nanotechnology, Science and Research, Canberra, 7 reflections’, presented at the International still mapping the wild regulatory September. Workshop on PPP’s in Osaka, Osaka, 13 frontiers’, presented at the Seminario November. de actualizacion: New Frontiers of Cousins, D (2009), Submission to the Regulation, Mexico, 29 October. Standing Committee of Officials of Hodge, GA (2009), ‘Public-Private Consumer Affairs, Australian Consumer Partnership: Some International Bowman, DM (2009), ‘Regulating Law Draft RIS Consultation, 26 November Reflections’, presented at the International Nanotechnologies: A Bird’s Eye 2009. Workshop on PPP’s in Tokyo, Tokyo, 6 View’, invited presentation at the November. Nanotechnology: The Next Asbestos?, Hodge, G (2009), Review of Witness Safe Work Tasmania Week, 29 October. Statement and Transcript of Evidence Hodge, GA (2009), ‘Delivering for the 2009 Victorian Bushfires Royal Performance Improvements through Hodge, GA (2009), ‘Public Private Commission, 15 December. Public Private Partnerships: defining and Partnerships: International perspectives Evaluating a Phenomenon’ presented and challenges’, presented at the Evidence before Parliamentary/ at the International Conference on Seminario de actualizacion: New Frontiers High Level Committees Administrative Development: Towards of Regulation, Mexico, 27 October. Excellence in Public Sector Performance, Meeting with OECD Regulatory Reform Ejersbo, N (2009) ‘Going to the market: Riyadh, Kingdom of Saudi Arabia, 1-4 Review Panel for Australia, 4 February, experiences from local government in November. Hodge. Australia and Denmark’, presented to SEIRnet (Social Economic Interface Research Network), Department of Management, Faculty of Business and Economics, Monash University, 16 June. Annual Report 19 5. Centre reports

5.2.4 Monash courses and 5.2.5 Publications Hull, M, DM Bowman and S Friedrichs units offered (2009), ‘Nanotechnology Environmental Books Health and Safety - Preface’, in Matthew Hull and Diana M Bowman (eds), Postgraduate Courses Hull, M and DM Bowman (eds) (2009), Nanotechnology Risk Management: Graduate Diploma in Regulatory Studies Nanotechnology Risk Management: Perspectives and Progress, London: Master of Regulatory Studies Perspectives and Progress, London: Elsevier, pp.ix-xiii. Elsevier. Bowman, DM (2009), ‘Global Postgraduate Units Hull, M and DM Bowman (eds) (2009), Perspectives on the Oversight of Regulatory fundamentals: concepts, Risk Governance of Nanotechnology, Nanotechnologies’, in Matthew Hull and constructs and context (LAW7313)12, 13, London: William Andrew. Diana M Bowman (eds), Nanotechnology 16, 17, 18 March, (Hodge and Deighton- Risk Management: Perspectives and Smith). Book Chapters Progress, London: Elsevier, pp.73-95. Evaluating what works in regulation Gergely, A, DM Bowman and Q Chaudhry Hodge, A.A. and Bowman, D.M. (2009), (LAW7417) 2 & 3 April and 11 & 12 May, (2009), ‘Small Ingredients in a Big ‘Nanotecnologia: la cartografia de las (Hodge). Picture: Regulatory Perspectives on salvajes fronteras de reglamentacion’, Nanotechnologies in Foods and Food Nuevas Fronteras de La Regulacion, The law of climate change (LAW7434) Contact Materials’, in Qasim Chaudhry, Tranformacion y diseno institucional, pp 219- 28 & 29 May and 4 & 5 June, (Cantley- Lawrence Castle and Richard Watkins 251, edited by Jorge E. Celebro Moreno, Smith). (eds), Nanotechnologies in Food, London: Universidad Autonoma Metropolitana Unidad Communications law and regulation The Royal Society of Chemistry. Cuajimalpa, JP, Mexico. (LAW7322) 18, 19, 22, 23, 24 June, Hodge, GA and DM Bowman (2009), (Lindsay) ‘Nanotechnology: Still Mapping the Regulatory methods (LAW7315) 15, 16, Wild Regulatory Frontiers’, in Jorge 17, 20, 21 July, (Freiberg) Culebro (ed), New Forms of Regulatory Challenges. Energy law, regulation and policy (LAW7324) 20, 21, 24, 25 August, (Cantley-Smith). Consumer protection: regulation and compliance (LAW7258) 24 Sept; 8, 15, 22, 29 October; 5, 12, 19 November, (Naylor) Economics of regulation (LAW7444) 19, 20, 26, 27, 28 October, (Cousins)

Executive Short Courses Regulatory Revolution, 30 -31 March

20 Faculty of Law Refereed journal articles Media 5.2.6 Grants and Hodge, GA and C Greve (2009), ‘Public- ‘Banks in the gun over unfair fees’, The fundraising Private Partnerships: Governance Herald Sun, 18 February, Centre. Scheme or Language Game?’ Australian Hodge GA (2009) ‘The small things in life’, Grants Journal of Public Administration. interview for Future tense, on ABC Radio Hodge, GA, DM Bowman, and K Ludlow Hodge, GA and C Greve (2009) ‘PPPs: National, 5 March. (2009), ‘Nanotechnology applications in The Passage of Time Permits a Sober Hodge, GA (2009) ‘Taxpayers deserve food and agriculture sectors: Principles Reflection’, Economic Affairs, 29 (1), a better funding system’, Opinion piece, and guidance for food safety regulation’ 33-39. The Age, 31 March. funding obtained from the United Nations van Calster, G and DM Bowman (2009), Food and Agricultural Organisation. Cousins, D (2009) ‘Consumers miss boat ‘Regulatory design for new technologies: in books inquiry’, Australian Financial Malbon, J et al. (2009), ‘Attaining Spaghetti junction or Bauhaus?’, notizie Review, 5th June, pg. 55. optimal carbon abatement rules through di Politeia. consumer advocacy: Learning from Hodge, G (2009) ‘Detention Dividends’, Bowman, DM (2009), ‘Sunscreen Safety: European Experience on the Regulation interviewed on Government Accountability In That Case – Response’, Journal of of Energy,’ funding obtained from the in outsourcing Australian Detention Bioethical Inquiry, 6(1), 141-143. Consumer Advocacy Panel. Centres, 9 July. Ludlow, K, DM Bowman and D Kirk Bowman, DM and MP Fitzharris (2009), Cousins, D (2009) ‘Petrol pricing move (2009), ‘Hitting the mark or falling short ‘Reducing the Road Toll in Southern likely to backfire on the major retailers, with nanotechnology regulation?’, Trends Africa Through Knowledge Transfer and Crikey.com 14 July 2009, re-printed in in Biotechnology, 27(11), 615-620. Regulatory Intervention’, funding obtained Australian Petroleum Marketer News. from Monash International under the 2009 Bowman, DM and G van Calster (2009), International Strategic Initiatives Fund. Hodge, G.A (2009), ABC Radio Darwin, ‘Regulatory design for new technologies: interview on public-private partnerships in Spaghetti junction or Bauhaus?’, notizie di Lenne, M et al. (2009), ‘Graduated health, 22 October. Politeia, XXV(94), 75-93. licensing for motorcycles’, MUARC funding obtained from VicRoads. Hodge, G (2009) ‘Public Private Bowman, DM and GA Hodge (2009), Partnerships more private than previously ‘Counting on Codes: An Examination Cousins, D (2009) ‘Capacity Development thought’, interview for ABC PM Radio of Transnational Codes as a of the Office of Consumer Protection in with Mark Colvin, 8 December. Regulatory Governance Mechanism South Africa’ ‘Effective implementation of Consumer Laws’, funding obtained for Nanotechnologies’, Regulation & Hodge, G (2009) ‘Huge Regulatory failure from Australian Agency for International Governance, 2(3), 145-164. over Black Saturday Fires’, ABC News, Development (AusAID). 15 December. Bowman, DM and KA Ludlow (2009), Seear, K, A Petersen, and DM Bowman ‘Filling the Information Void: Using Public Hodge, G (2009) ‘Concern bushfire (2009), The Social and Economic Impacts Registries as a Tool in Nanotechnologies messages not getting through’, ABC of Nanotechnologies: A Literature Regulation’, Journal of Bioethical Inquiry, News, 15 December. 6(1), 25-36. Review, Arts faculty funding obtained Hodge, G (2009) ‘Stronger power line from the Commonwealth Department Cousins D (2009) “The re-emergence of fire-safety strategies urged’, The Age, 16 of Innovation, Industry, Science and Prices Surveillance, The University of New December. Research. South Wales Law Journal Vol.15 No. 1 (with Allan Fels). Hodge, G (2009) ‘Burying power lines underground to be focus of national Hodge, GA (2009), ‘The PPP workshop hosted by Brumby Government Phenomenon: Performance and in April’, The Herald Sun, 16 December. Governance Insights, Australian and New Zealand School of Government School of Cousins, D (2009) ‘Balance legal services Government’ monograph, 93 – 111. reform’, Australian Financial Review, 18 December, pg. 48. Kells, S. and Hodge, GA (2009) ‘Performance Auditing in the Public Sector: Reconceptualising the Task’, the Journal of Contemporary Issues in Business and Government, Vol 15, Issue 2.

Annual Report 21 5.3 International 5.3.1 Courses offered Short courses, seminars and training programs Institute of Forensic The courses and workshops following are offered by IIFS and also include those • Continuing Medico Legal Conferences, Studies activities supported by IIFS for the Faculty Cortina Italy The International Institute of Forensic and/or the Australian Advocacy Institute • County Court Professional Studies (IIFS) was established in July (AAI). Development Seminar 2001 to promote education and research • Psychologists’ Conference relating to the functioning and processes Postgraduate courses of courts and tribunals. The word • Regulation Conference • Graduate Certificate in Forensic “forensic” is used in its broad sense • VISMoot Training Studies (Accounting) of ‘relating to the courts’ and ‘forensic • Court Network Workshops studies’ is intended to encompass This course was developed in • QLS Symposium the many areas of work which may be conjunction with the Institute of Chartered described as forensic in nature. This Accountants in Australia (ICAA) and the • Baker IDI Misconduct Inquiry Panel extends beyond legal practitioners and Australian Advocacy Institute (AAI). The • Melbourne University Advocacy includes all those involved in the forensic course is offered over a 10 month period Courses process such as professionals who mainly online and partly face to face in • Victorian Bar Readers’ Courses provide expert evidence, police and other Melbourne and consists of four units: The • Sydney Regulation & Enforcement investigative agencies. Expert Witness in the Adversary System; Pre-Trial Preparation and Analysis; Conference By promoting education and research in Assessment of Damages and the Expert • Victoria Police Prosecutors’ the forensic area the institute aims to help Witness in the Courtroom (assisted by the Workshops improve the functioning of courts and Australian Advocacy Institute). • University of Western Australia tribunals and all those involved with them. Advocacy Course The international focus of the institute • Advocacy, Theory and Practice (LLM) reflects a belief that there is much to be • UniQuest (Queensland) Experts learned by exchange of ideas between Undergraduate unit Workshop different jurisdictions facing challenges in • Trial practice and advocacy • Advocacy & Investigation Workshop the forensic field. for Securities and Futures Commission, Hong Kong • OPP Workshops • Forensic Accounting Conference • Psychiatrists & Psychologists Workshop

22 Faculty of Law 6. Curriculum

6.1 Undergraduate 6.2 Clinical Legal Courses Education Monash Law School enrolled 2866 The Monash Law Faculty Clinical Program undergraduate students in 2009. was the first clinical legal education program offered in Australia. Over its Double degrees were a popular option 40-year history, the program has enriched for school leavers as well as internal and the education of thousands of Monash external transfers. Below are the courses law students (including distinguished which were available to students in 2009, alumni) and helped provide much needed including the Bachelor of Laws and legal support to tens of thousands of various double degrees. clients in the community. Bachelor of Laws The clinical legal education program Bachelor of Aerospace Engineering/ consists of four separate clinical units Clinical Legal education in the Law Bachelor of Laws offered at several community locations Faculty has evolved from a program Bachelor of Arts/Bachelor of Laws outside of Monash. The program offers involving a small number of student students the opportunity to engage in volunteers providing only telephone Bachelor of Biomedical Science/ advice in the 1970s into a renowned Bachelor of Laws supervised legal practice in a community legal service with clients whose needs clinical program involving over a dozen Bachelor of Business (Banking and cannot be dealt with by legal aid or the staff and approximately 175 law students Finance)/Bachelor of Laws private profession. annually. Bachelor of Commerce/Bachelor of Laws The program engages students by its The four clinical units may be taken as Bachelor of Engineering/Bachelor of Laws innovative approaches to learning and stand alone electives or in sequence: Bachelor of Music/Bachelor of Laws enhances their university experience. It also (1) Professional Practice – LAW5216. Bachelor of Performing Arts/ develops core vocational skills, including: This unit is undertaken by around 40 Bachelor of Laws • Client interviewing and legal diagnosis students per semester. Students must be Bachelor of Science/Bachelor of Laws skills; available for 4 months for several days per week (notwithstanding normal University Bachelor of Medicine/Bachelor of • Oral and written legal negotiation skills; vacation periods) to look after low-income Surgery/Bachelor of Laws • Accountability and time-management clients’ legal problems. skills; and • Mediation and court advocacy skills. (2) Family Law Assistance Program – LAW5217. This unit requires students to conduct litigious family law dispute files. Students also provide a “duty lawyer service” one day a week at the Federal Magistrates’ Court at Dandenong, attending to immediate case matters and facilitating the making of court orders. (3) Law Reform and Community Development – LAW5218. This unit provides students with the opportunity to experience and to understand the impact of the law on disadvantaged members of the community. Students strengthen particular communities by working with marginalised groups through law reform, advocacy and community legal education. (4) Advanced Professional Practice – LAW5149. This unit is open to students who have completed LAW5216 to an acceptable level and wish to specialise in a particular area of socio-legal service. It contains the following clinics embedded in “partner” organisations: • Joint Sexual Assault Clinic (with the South-East Centre Against Sexual Assault), offering legal services to victims of sexual assault.

Annual Report 23 • Human Rights Clinic (with the Castan Centre for Human Rights at Holding Redlich, Solicitors), involving human rights litigation. • Criminal Defence Clinic (with Rob Stary and Associates, Solicitors), involving defendants in serious criminal cases. • Commercial Law Clinic (with Moores Legal, Solicitors), involving commercial legal work for “not-for-profit”, welfare and charitable organisations. The program offers students exposure to a divergent mix of legal, cultural, linguistic and socio-economic factors and delivers a holistic educational experience which requires them to draw upon their legal ethics and compassion as much as their legal knowledge. This enriches their own personal perspectives and stands them in good stead for future employment. It also makes them ‘more rounded’ individuals. Many former students continue to commit to volunteering at the clinics or to providing pro bono assistance elsewhere long after they have completed their degree.

6.3 Postgraduate Courses

Masters Degrees Master of Laws (Advanced Legal Practice) Master of Laws (Commercial Law) Master of Laws (Human Rights) Master of Laws (Intellectual Property) Graduate Diploma in Law Graduate Certificates Master of Laws (Intellectual Property) (International and Comparative Law) Graduate Certificate in Forensic Studies Graduate Diploma in Law Master of Regulatory Studies (Accounting) (International and Comparative Law) Master of Laws Graduate Diploma in Local Government (Workplace and Employment Law) Research Degrees Law Master of Commercial Law Graduate Diploma in Regulatory Studies Master of Laws (Research) (LLM Master of Human Rights (Research)) Graduate Diploma in Law Master of Intellectual Property (Workplace and Employment Law) Doctor of Philosophy (PhD) Master of International and Comparative Graduate Diploma in Law Doctor of Juridicial Science (SJD) Law Graduate Diploma in Law Master of Philosophy (MPhil) Master of Regulatory Studies (Commercial Law) Doctor of Laws (LLD) Master of Workplace and Employment Graduate Diploma in Law (Human Rights) Law Graduate Diploma in Law (Intellectual Property) Graduate Diplomas Graduate Diploma in Law Graduate Diploma in Law (International and Comparative Law) Graduate Diploma in Law Graduate Diploma in Local Government Law (Commercial Law) Graduate Diploma in Regulatory Studies Graduate Diploma in Law (Human Rights) Graduate Diploma in Law (Workplace and Employment Law)

24 Faculty of Law 7. Equity and Diversity

7.1 Membership 2009 7.2 Faculty Priorities Access and Support for Rural Students The Equity and Diversity Committee in the The Faculty’s priorities for 2009, and Faculty of Law is Chaired by the Director progress on these priorities, were as The Faculty’s Lawrie McCredie Student Equity. It reports to Faculty Board three follows: Support Program includes a successful times a year, and meets at least four times Peer Mentor Program for first year a year. The Director, Equity is a member Access for Indigenous Students students (with 2nd year student mentors), of the Faculty Executive Committee. and has extended support for language Financial support: Eight scholarships and learning skills and incorporated mental The Equity and Diversity Committee met were provided for students of Indigenous health and resilience training into the first on four occasions in 2009. The Chair Australian descent or from a regional and year law program. Additional funding was represents the Faculty on the University remote area. obtained in 2009 for programs supporting Workplace Equity Committee. She the transition of all first year students under Promotion of University study at Monash attended this Committee’s meetings and the Faculty’s Peer Mentoring program, to secondary students and communities: reported back to the Faculty Committee. specifically drawing rural, non-Melbourne Members of the Faculty Equity and and international students into ‘mentor’ • Bronwyn Naylor, Diversity Committee initiated a working groups. Director, Equity (Chair) group with membership from Law, Arts • Gerard Shanahan, and Art and Design Faculty Equity and Faculty Manager (ex officio) Diversity Committees and members of Equity and Diversity Online • Kelly Tsagournos, CAIS (the Centre for Australian Indigenous Training Studies) to develop public events to Manager, Student and Academic The University has developed an effective advance Indigenous student participation Services(ex officio) set of online training modules covering in tertiary study. Two events were staged • Dale Smith, issues such as anti-discrimination and in 2009: Student Equity Officer (ex officio) equal opportunity laws, disability access, sexual harassment, and student equity • Stephen Gray, ‘Indigenous Arts and the Law’ in curriculum development and teaching. Indigenous Liaison Officer/Students’ Hypothetical raising legal and creative Staff are expected to complete the Mentor (ex officio) issues in Indigenous contexts: presented through the Office of the DVCR as part of training, and to update their training • Liz Anderson, Educate 09 in September 2009; accreditation every three years. Manager, Human Resources (ex officio) Over a three year period, the Faculty of • Heather Beeching, ‘Yarning Up’ schools information Law achieved 111 completions. With Disability Contact Officer (Staff) session aimed specifically at Indigenous secondary students and their teachers a total of approximately 135 staff (not • Dianne Wiltshire, to inform about tertiary study options including sessional staff). In 2010 the Disability Contact Officer (Students) and pathways to university (held on 12 faculty plans to ensure that all committee (ex officio) November). members, senior academic staff and • Emilia Michael/Sarah Holloway academic supervisors are accredited. Undergraduate Student Representative

Annual Report 25 7.3 Activities in 2009 Equal Opportunity for women Other forms of awareness raising in the workplace • The Faculty’s online Gazette carries regular notices, for example: Access for under-represented The Faculty promoted University student cohorts information sessions specifically for • Reminding staff of the importance of female academics seeking promotion, checking dates of religious holidays The Review of Australian Higher and for early career researchers, together when setting assessment dates Education (Dec 2008) (the Bradley with the Senior Leadership Course, and • Promoting cultural and religious Review) recommended a range of reforms the Women’s Leadership Shadowing awareness for staff, eg through including the target for 2020 of 20% Program. celebrations at staff morning teas of undergraduate enrolments in higher education being from students from A presentation by and for faculty • Invitations to International Womens low socio-economic backgrounds. The professional staff took place mid 2009, Day Lunch and similar events target was adopted as part of the higher providing information about equal • Promoting Mental Health First Aid education reforms in the federal budget opportunity and well-being services. Two Training in May 2009, with funding to be linked to professional staff were accepted into • Promoting staff completion of the achievement of equity targets. the University Mentoring Program for equity online training program Women; there was considerable demand Strategies for improving access for • Promoting inclusive teaching practices for places and two other applicants were students from low socio-economic and to staff, eg provision of alternative unable to take part on this occasion. other disadvantaged backgrounds, and format materials, and scheduling of for supporting students once at University, Deborah Cheetham, a high-profile breaks during longer lectures were therefore given attention in the Indigenous Opera Singer, gave a • Promoting the resources of DLU Faculty through 2009. presentation organized by the Faculty and of the Faculty and University’s and held at the Religious Centre for In addition to the strategies identified Counselling services for students. the University community. This was an above, Faculty Executive agreed to inspirational presentation addressing carry out research on student pathways the challenges and experiences of an into and through the law degree, with a Indigenous woman making her career and view to developing initiatives to support reputation in a demanding and exclusive the University response to the Bradley profession. Review. The Law Mobility fund was restructured Disability and the provision of to provide Law Mobility Equity Bursaries. supports for staff and students This extended eligibility to students participating in a student mobility The Faculty has a Disability Contact program in the faculty including the Prato Officer (Staff), as well as a Disability and Malaysia programs and student Contact Officer (Students). The Faculty internships where students are from one provides an Adaptive Technology Room or more of Monash University’s defined for students with disabilities, offering such equity or personal disadvantage groups. supports as Voice recognition software. The Student Disability Contact Officer also facilitates student contact with the University Disability Liaison Unit.

26 Faculty of Law 8. International

During 2009 the Faculty built on its Gray, Dennis Lim, Dr Rebecca Giblin and Director International, Associate Professor range of international activities in line Anne Chin. Administrative assistance Jonathan Clough, with the Dean also with our strategic objective to ‘engender was provided by Ms Cathy Meredith. in attendance. Special thanks to Ms Jo international perspectives in staff and The students visited the Clayton campus Becker, Manager, Educational Services, students and to develop student skills on their first day for a welcome lunch for her hard work in preparing the faculty’s and capacities for learning and working and organised tours of the campus, the nomination, entitled “Internationalising in the global sphere.’ Our goals were Law Faculty and the Law library. During Law in Action”. Thanks also to the Director largely unchanged from 2008, being to their four week stay they participated in Teaching, Professor Steve Barkoczy and attract more high quality international arranged visits to Parliament House and the Dean for their valuable input. students at both undergraduate and the Supreme, County and Magistrates The 2009 Prato program was successfully postgraduate level, increasing the number Courts. completed with approximately 107 of international study opportunities for our Monash undergraduate students enrolled, students and engaging with prestigious 8.3 Overseas Programs up from 93 in 2008. They studied with international institutions. students from our partner universities Prato including Osgoode Hall, York University 8.1 Recruitment of (22), University of Paris XI (15), Bar Ilan The Prato program was selected to receive University (15), University of Florence (11), International Students a prestigious 2009 Australian Learning and Arizona State University (2) and Georgian Teaching Council award for Programs that We continued our strategy, commenced American University (2). Students were Enhance Learning. The prize was awarded in 2008, of targeting Malaysia, Singapore able to choose from 16 international and by the (then) Deputy Prime Minister, the and Hong Kong as key undergraduate comparative law units, with professors Honourable Julia Gillard, at Parliament markets, and Canada, Thailand and from each of the partner institutions, as House, Canberra. It was received by the Indonesia at the postgraduate level. well as distinguished guest lecturers, Prato Convenor, Dr Heli Askola, and the Over the course of 2009, the Faculty teaching into the program. maintained a strong presence in these markets, with staff attending: • recruitment events in Malaysia, Singapore and Thailand; • school visits in Thailand and Singapore; • agents’ offices in Hong Kong, Malaysia, Singapore and Thailand, conducting detailed product briefings and interview sessions with students; and • recruitment events in British Columbia, Alberta and Ontario and meetings with our Canadian agents. The Faculty also participated in International Agent Week in which the top 30 agents providing students to the university came to Melbourne for university and faculty briefings. 8.2 Engagement with Partner Institutions

City University of Hong Kong In June, the Faculty hosted 34 students from City University of Hong Kong as part of that university’s Global Legal Education and Awareness Programme (G-LEAP). The students spent four weeks at the Law Chambers, studying an intensive unit, LAW4641 – Intellectual Property- Theory, Copyright and Design. The unit was coordinated by Associate Professor Moira Paterson, assisted by Dr Stephen

Annual Report 27 Skrine, Malaysia Bronwyn Fraser, Arts/Law, 5th year Skrine accepts Monash Law School students each year to undertake internships, this provides an extremely valuable learning experience for selected students, and gives them an international perspective as part of their studies. Skrine is one of the largest commercial law firms in Kuala Lumpur, Malaysia with over 50 partners and a large support base. Their clients include Malaysian and international companies, governmental agencies and regulatory authorities. Bronwyn Fraser rotated through the three main practice groups – one week in Intellectual Property, one week in Dispute Resolution, and two weeks in Corporate. “Islamic law plays a large part in Malaysian business due to Malaysia’s large Muslim population, and being able to spend a day doing some work in the newly created Islamic Banking group gave me a challenging perspective on different approaches to law. What impressed me most about my time at Skrine was the effort and lengths the lawyers went to teach me about the Malaysian legal system and how a legal practice functions”.

Malaysia and Europe. Units will be primarily Women’s Rights Action Watch – Asia international and comparative in focus, Pacific, Kuala Lumpur, Global Compact, The Malaysia study abroad program with an emphasis on the Asia-Pacific New York, Oxfam, South Africa and the was also completed in June/July, with region. The 2010 program will consist International Commission of Jurists, 34 students enrolled in the single LLB of three units to be offered by Monash Geneva. elective LAW 4126E, Malaysian and Law staff, another unit offered jointly by Singaporean Legal Systems. This unit was Monash Law (Professor HP Lee) and The Faculty also supported student taught at the Monash Sunway Campus by academics from the National University organised internships to Thomas Philip Monash staff members Professor HP Lee of Singapore, and the participation of (Advocates & Solicitors) Commercial and Associate Professor Judd Epstein the University of Windsor, Canada, litigation, Malaysia, the International along with teaching staff from the National City University of Hong Kong and the Criminal Tribunal for Rwanda, Tanzania University of Singapore. The program was University of Malaya. and the United Nations Youth Association enhanced by professional visits and guest of Australia, New York. Student mobility lectures presented by senior members of was assisted by the granting of 19 law the Malaysian legal profession and trade 8.4 Internships equity bursaries. representatives from the Australian High The faculty offered 13 faculty managed Commission. international internships to students, New Castan Centre human rights A major priority for 2009 was the to organisations including Skrine and internships were established with the establishment of a Prato-style program at Zaid Ibrahim, Malaysia, Herzog, Fox & Centre for Constitutional Rights in New the Monash Malaysia Sunway Campus Neeman, Israel and Reprieve, USA. Seven York and with the Amazon Defence to commence in 2010. The aim is for the students participated in Castan Centre Coalition in Quito Ecuador. Internships program to draw upon partner institutions Internships to Human Rights First, New were renewed with Herzog, Fox & from the region, as well as North America York, Australian Delegation to the Human Neeman in Israel and Friends of the Earth Rights Council, Geneva, International Middle East.

28 Faculty of Law 9. Law School Activities

Winner, presented Natalia Blecher with the prestigious Supreme Court Prize. Natalia also received the Supreme Court Exhibition Prize for Best Honours Thesis. Other guests included His Honour Chief Judge Michael Rozenes and Chief Crown Prosecutor Gavin Silbert SC. The faculty had an increase in sponsorship 2009 and welcomed two new sponsors, the Department of Justice and Maurice Blackburn Lawyers, and would like to thank all of our sponsors for their support of this year’s Prize Ceremony. The 2008 Supreme Court Prize winner was Natalia Blecher.

2009 Great Law Week Debate “They’re not morons: governments should butt out of young peoples’ lives” O’Week Cocktail Party with Dean of the Law School Professor Arie Freiberg AM As part of the annual Law Week celebrations on Wednesday 13th May 9.1 Events of the Faculty’s students in 2008 was held 2009 two teams of respected Monash at the ANZ Pavilion at the Victorian Arts Law Graduates debated the controversial To celebrate the start of the academic year Centre with over 350 guests attending. topic “They’re not morons: governments and welcome new students to the faculty should butt out of young peoples lives.” Monash Law alumnus The Honourable a cocktail function was held in the Law Justice Lex Lasry of the Supreme Court The event was held at Melbourne Library on Thursday 26 February where of Victoria addressed the audience about Exhibition and Convention Centre in the over 300 first year students and their his experiences and his journey from Auditorium. The debate was moderated families joined Monash Law School staff. undergraduate student to the Victorian by Cameron Grant, a current Monash The evening was hosted by the Dean, Bar and appointment as Queens’ Law student who did a brilliant job Professor Arie Freiberg AM and included Counsel, through his work in the area keeping the audience and debaters on speakers from the Law Students’ Society of Human Rights cases and his current track throughout the event. and the International Law Association. appointment as a Supreme Court Justice. The affirmative team were the winners The evening provided the opportunity The Honourable Justice Mark Weinberg, as voted by the clapometer and panel for new students and family members to himself a former Supreme Court Prize of judges from the legal community. The meet staff out side of the lecture theatre.

Monash Law School Prize Ceremony (Prizes for 2008 academic year) The 2009 Monash Law School Prize Ceremony which acknowledges the achievements, hard work and dedication

Great Debate Shivani Pillai, David Galbally QC, Sally Cockburn, Cameron Grant, Meg O’Sullivan, 2008 Supreme Court Prize Winner, Natalia Blecher Beth Wilson & Damien Carrick

Annual Report 29 9. Law School activities

team was lead by Meg O’Sullivan who 9.2 Public Lectures Costello Lecture “It’s my body isn’t is a Barrister and former world debating it” Children, medical treatment and champion. Her team members included 17th Lucinda Lecture ‘Section human rights Damien Carrick presenter of the Law 92: markets, protectionism and The 2009 Costello Lecture, which is Report on the ABC Radio National and proportionality – Australian and devoted to issues of ethics and social Beth Wilson Victoria’s Health Services European perspectives’ justice, was held on Thursday 23 July at Commissioner. Convened by Professor H P Lee, the 17th the BMW The Edge theatre in Federation The negative team comprised of Lucinda Lecture was held at Monash Square. Monash alumna, Chief Justice of team captain Barrister Shivani Pillai, University Law Chambers on Thursday the Family Court of Australia, Diana Bryant David Galbally one of Melbourne most 19 November. The Lucinda Lecture was presented the 2009 lecture on the theme respected QC’s and Sally Cockburn, (aka presented by The Honourable Justice “It’s my body isn’t it” Children, medical Dr Feelgood) who presents on 3AW and Susan Keifel of the High Court of Australia treatment and human rights”. The Lecture Channel 7’s Morning Show. on the topic ‘Section 92: markets, was introduced by Patron Tim Costello, AO, Chief Executive of World Vision Australia, The President of the Monash Association protectionism and proportionality – and had over 250 people in attendance. of Debaters, Damien Bruckard, delivered Australian and European perspectives’. the unanimous decision that the The topic was introduced by The Dean’s Lecture Series affirmative team won. Honourable Chief Justice Marilyn Warren A series of 5 lectures where held throughout who welcomed attendees and the patron the year on current legal issues from leading of the Lucinda Lecture, The Honourable Monash Law School academics and Sir Zelman Cowen AK, GCMG, GCVO, the Monash Law Students’ Society. The KStJ, QC. The lecture was attended by lectures were held at Monash University 100 guests. Law Chambers and presenters where Professor Elizabeth Boros, Professor Ian Freckelton, Professor Marilyn Pittard, Professor Justin Malbon and Ms Catherine Lamble, Magistrate.

L to R: Prof HP Lee, The Hon. Chief Justice Marilyn Warren, The Hon. Justice Susan Keifel, The Hon. Justice Ken Hayne, The Hon. Michael Black, Professor Marilyn Pittard, Lady Cowen and The Hon. Sir Zelman Cowen.

30 Faculty of Law Judging in Israel – Balancing Contradictions Justice Eliezer Rivlin, Vice-President of the Supreme Court of Israel Held on Monday 2 November Justice Eliezer Rivlin Vice-President of the Supreme Court of Israel presented a lecture on ‘Judging in Israel – Balancing Contradictions’ at Monash University Law Chambers. The lecture covered Israel and the contradicting ideas, differences of beliefs, divergence of opinions and the complex reality in which the state is constantly required to handle complicated security challenges.

The American Drug Court Movement: A personal Journey, The Honourable Peggy Fulton Hora Queens Birthday Honours – Arie recieves medal of the Held on Tuesday 18 August Judge Order of Australia (AM) Peggy Fulton Hora (retired) presented a lecture titled ‘The American Drug Professor Arie Freiberg was appointed a Member of the Order of Australia (AM) Court Movement: A personal Journey’. for service to the law, particularly in the fields of criminology and reform relating to Judge Hora spoke on the aspect of sentencing, legal education and academic leadership. non-adversarial justice – the solutions – “It’s a great honour to be recognised by one’s community for one’s work, especially focussed Drug Courts which have been in an area as sensitive, emotive and controversial as sentencing, where I hope I have a feature of American criminal justice been able to inject some reason into the debate,” Professor Freiberg said. system for the last 20 years. The lecture “It is also pleasing to be recognised for my contribution to legal education in law and was at Monash University Law Chambers. criminology. It has been a pleasure engaging with, and possibly influencing, young minds for over three decades at both Monash and the University of Melbourne.” Water and Peace in the Middle East Gideon Bromberg This public lecture by Gidon Bromberg, Gerber celebrated the launch of their 9.4 Media Involvement the Israeli Director and co-founder of books. The Honourable Michael Kirby AM EcoPeace/Friends of the Earth Middle CMG conducted the evening which was Monash Law School gained substantial East (FoEME), was held on Thursday 8 attended by 100 people. media coverage during 2009 with over 100 January at the Monash University Law press, radio and online stories featuring Chambers. Constitutional Advancement Monash Law School staff. Staff were in a Frozen Continent Essays involved in a wide range of substantial law 9.3 Book Launches in Honour of George Winterton issues ranging from Euthanasia to Anti- Edited by Professor H P Lee money laundering legislation. The faculty Non-Adversarial Justice By and Dr Peter Gerangelos also had the opportunity to celebrate one Dr Michael King, Professor Professor H P Lee (Monash University) of its law alumna being appointed the Arie Freiberg AM, Dr Becky Batagol and Dr Peter Gerangelos (University of 2009 Australian of the Year. and Mr Ross Hyams Sydney) jointly edited ‘Constitutional The Age and The Australian covered a This book was launched by Mr Ian Gray, Advancement in a Frozen Continent’ in majority of media stories quoting Monash Chief Magistrate, Magistrate’s Court of honour of Professor George Winterton Law School staff, followed by The Herald- Victoria at the lecture which Judge Peggy who passed away on 6 November Sun and ABC Radio. Fulton Hora presented at on Tuesday 2008. The launch was presented by The 18 August at Monash University Law Honourable Sir Anthony Mason, AC KBE Dr Gideon Boas made several Chambers. on Wednesday 25 November at Monash contributions to the The Age, ABC and University Law Chambers with close to The Australian regarding the Karadzic Refugees, Asylum Seekers and the 70 people attending. case and Professor Arie Freiberg AM Rule of Law by Professor Susan and Professor Bernadette Mc Sherry Kneebone and From Convention to The faculty held a number of book commented on child sex offenders. launches throughout 2009 by staff from Classroom: The Long Road to Human the Castan Centre for Human Rights Law Other staff members who commented on Rights Education by Dr Paula Gerber and the Centre for Regulatory Studies. various topics throughout 2009 included, Held on Friday 5 June at the Immigration but was not limited to Professor Graeme Museum in Melbourne, two academics, These book launches are listed under the Hodge, Associate Professor Adrian Professor Susan Kneebone and Dr Paula respective Centre reports. Evans, Dr Bronwyn Naylor, Professor Ann Monotti and Professor Susan Kneebone.

Annual Report 31 10. Advancement and Alumni Relations

10.1 Advancement In 2009 major alumni and donor activities Award recipient was Mr Hugh Evans that relate to the Monash Law School (BSc 2008, LLB 2008). Mr Evans is a included: social movement’s campaigner and Donor Alumni and Community the 2004 Young Australian of the Year. Relations • The 2009 Distinguished Alumni Awards which was presented at the • The new Vice-Chancellor and In June of 2009, Professor Arie Freiberg BMW Edge at Federation Square. The President, Professor Ed Byrne hosted was appointed a Member (AM) of the Awards are the flagship component of a breakfast for our distinguished Order of Australia for service to the law, the alumni recognition program which alumni in Malaysia. particularly in the fields of criminology also includes promotion of alumni • A cocktail evening for Monash law and reform relating to sentencing, to legal achievements in Monash Alumni post-graduate students was hosted education and academic leadership. eNews, Monash Magazine and on the by the Monash International Law Professor Freiberg is Monash University’s website, and letters of congratulations Association. The evening supported Dean of the Law Faculty and a member to law alumni for their successes, such postgraduate students wanting to of the Victorian Sentencing Advisory as honours on Australia Day or the learn more about the legal profession, Council. Queen’s Birthday. 2009 Young Alumni potential career posts and the realities of working in the law. • Regular face-to-face meetings with prospective supporters to the Law School, as well as meetings with current donors to continue to steward them for their generous gifts. • The hosting of a small group of dedicated volunteers and alumni for the Monash Oakleigh Legal service was held at a football match in late August at the Melbourne Cricket Ground. Fundraising in the Faculty has continued to grow with alumni seeking ways to support students through equity bursaries, undergraduate and postgraduate scholarships and prizes for outstanding academic excellence. Under the umbrella of the Lawrie McCredie Student Support Program, an appreciation and commitment to supporting students with work-life balance has become a priority. This program is integral to the law profession and one the Monash Law School takes seriously. The first direct mail appeal was launched in November with support focusing on the Monash Law School Foundation for student support initiatives. Law Graduate receives 2009 distinguished Young The Faculty appreciates the support of Alumni Award – Hugh Evans Clayton Utz for their founding support for the Centre for Regulatory Studies, the Pratt Monash Arts/Law student Christopher was appointed the 2009 Australian Youth Foundation for their continued support of Representative to the United Nations by the Department of Foreign Affairs and the Monash Oakleigh Legal Service, all Trade and the United Nations Youth Associations (UNYA). Christopher became alumni who supported the annual appeal, a fully-accredited member of the Australian delegation to the UN and travelled to supporters of the Castan Centre for New York in September to deliver an address to the General Assembly focussed Human Rights Law, with a special thanks on youth participation in Australia. to Daniel and Danielle Besen for their Before taking the position in New York, Christopher travelled throughout ongoing support of the Global Internship Australia, speaking to young people in an effort to ensure their views are Program, and to all donors who support represented at the UN. Representing his generation was an amazing honour and the work of the Monash Law School privilege. “Young people play a vital role in their communities today. I am thrilled Foundation. A special thanks goes to the to have this opportunity to elevate the voices of Australia’s youth on the world Chairman of the Monash Law School stage”. Christopher said the youth representative position was testament to Foundation, and Deputy Chancellor of Australia’s commitment to respecting and developing young people’s perspective Monash University, Mr Ian Pyman, for and place in social discussion. his leadership and ongoing support of all alumni, students, donors and staff at the Monash Law School.

32 Faculty of Law 10.2 Monash Law School The Faculty completed many additional 10.3 Alumni Relations projects and offered additional services Foundation Board to law students in 2009 as a result of the Monash Law School held a range of funds made available by the Foundation events for Law Alumni which provided The effort and commitment of the Board Board . These included: opportunities to connect with the Faculty Members and the Chair, Mr Ian Pyman, through contact with past students, is much appreciated by the faculty. The • Monash Law School Foundation current staff and current students. These 2009 Foundation Board were: professorships have been outlined to keep a strong Mr Ian Pyman (Chair) • Higher degree by research link between Monash University and our Director, Merchant Capital Limited and scholarships alumni were held throughout the year, member of the Monash University Council • Rural bursaries these have been outlined in the “Law School Activities” section. Professor Arie Freiberg AM • Support for the Monash-Oakleigh Dean, Faculty of Law Legal Clinic • Support for the Vis Arbitration Moot Ms Evelyn Danos program Executive Director James Richardson Corporation Pty Ltd • Support for the Lawrie McCredie Student Support Program by: Mr Jack Fagjenbaum QC • Providing leadership skills training and Owen Dixon Chambers opportunities to enhance graduate Mr Ron Fairchild employability. Vice President (Advancement) • Promoting student engagement and Monash University learning Ms Jane Hodder • Providing a suite of co-curricular Partner, Freehills support activities and services. Professor Ann Monotti • Encouraging and acknowledge Associate Dean, Postgraduate studies academic excellence Engaging alumni Faculty of Law in the activities of the Monash Law School. Ms Rhonda Ohis (Secretary) Executive Officer, Monash University Development Mr Geoffrey Murray Treasury Manager, Monash University His Hon Justice Michael Rozenes Chief Judge, County Court of Victoria Mr Will Fowles Investment Analyst, Piper Capital

Annual Report 33 11. Student Activities

11.1 Monash Law The LSS has four main portfolios which Careers allow for a clear review of the society as Students’ Society a whole. The Careers portfolio aims to ensure that all students are well informed as to the Founded in 1964, the Monash Law many different careers paths available Students’ Society is one of the largest Activities to them and provides targeted services and most dynamic student organizations The Activities portfolio offers a large to ensure that Monash graduates are within Monash University. Over the past number of events for students at a competitive in the job market. few years, and in particular in 2009, the range of price points to help promote a The O week guide is produced to ensure LSS has worked hard to strengthen and collegiate atmosphere amongst the law that all first years are given a broad maintain the previous year’s expansions. student body. The LSS firmly believes understanding of the many services In 2009 the LSS had just under two that the activities portfolio serves a offered to them by the LSS, faculty and thousand members. The LSS is proud of highly important function of ensuring university. This is then followed by a tri- its ongoing ability to enhance the student that students are integrated into their yearly magazine which includes interest experience within the Faculty of Law at degree. The LSS therefore runs numerous pieces across a broad range of topics, Monash and work with the Faculty to activities throughout the year including written by law students. ensure that Monash is producing the best First Year Camp, O-Week, First Year possible graduates. Dinner, BBQs, Intro Night, Pub Crawls, The Careers Guide is fast becoming the The LSS is voluntarily staffed and Valedictory Dinner, River Cruise and Law most valuable publication of the LSS. managed by 37 committee members. Ball. This guide gives a broad overview as to the process of applying for seasonal This committee works hard to ensure that The Peer Mentor Program is continuing clerkships, as well as firm profiles, a large range of events and services are to be expanded to ensure all first years relevant articles about corporate life and offered as a supplement to the formal are comfortable in the new environment all the dates a student might need in academic education provided through the of law school. The LSS is very proud of applications. The careers portfolio also university. These include careers advice, how this program has continued to grow produces the Graduate Guide which educational support, competitions and and how the LSS has been able to work highlights the many other career paths social activities to provide both personal with the faculty to provide this invaluable available. and professional development. service.

34 Faculty of Law In supplementing these guides, the LSS commitment to providing careers advice studying abroad. The Guide provided also provides two seminar series which beyond that of the corporate mainstream. comprehensive information on major run for five weeks in each semester to Monash also held the position of Vice firms worldwide, and their application allow students to partake in interactive President (Equality) on the VCLSS. This procedures. The Guide also provided forums. These seminars ensure that involved the running of the Women in information for students seeking to students are given broad exposure to the Law Breakfast which was a great become qualified to practice in foreign many different individuals in the legal success. jurisdictions. The Guide was more profession and a chance to ask questions detailed compared to previous years, and The LSS also continues to represent of them. in particular, featured more information on students on a number of faculty career opportunities in South East Asia committees to ensure that there remains and Dubai. Competitions effective communication between the faculty and its students. Finally, as part The competitions portfolio is an integral Koko Black Evenings part of the LSS and is going from strength of our commitment to equality, the LSS to strength. In 2009 the LSS saw a large has continued to expand its booksale In 2009, the International Law Association increase in numbers of competitors and equity scholarship to ensure that all hosted two Koko Black evenings, one involved, including more than 300 students are given access to the materials in March for students about to apply students in the general moot. required for law and that nobody suffers for seasonal clerkships, and one in July disadvantage due to their socio-economic for JD students. The evenings allowed The competitions offered by the LSS are: background. students to connect with representatives • General Moot (Senior and Junior from major firms in a relaxed setting, Division) Looking Forward while enjoying drinks and chocolates. The • First Year Moot response from firms was overall positive. The LSS is very proud of the relationship • International Humanitarian Law Moot it has with the faculty and looks forward • Negotiation to continuing to strengthen and expand it 11.2.2 Other events • Witness Examination into 2010. We are incredibly thankful for Throughout 2009, the International the support offered to us by the Faculty. Law Association hosted various career • Client Interview information sessions for students. These • Letter Writing 11.2 International Law events included representatives from • Paper and Oral Mahlab Recruiting, the New York Bar Association Association and the Hong Kong office of The winning team from each competition Allen & Overy. represent Monash in the Victorian The Monash International Law Association Council of Law Students’ Societies (ILA) is run by students and based within (VCLSS) Victorian Championships and the law faculty. The ILA encourages its 11.3 Monash University the Australian Law Students’ Association Monash law students to explore career Law Review (ALSA) National Championships. In 2009 and study opportunities beyond Australia. the LSS made a clean sweep of the Its membership includes undergraduates The Monash University Law Review is Victorian Championships winning the and postgraduates, as well as domestic managed by an editorial committee, Negotiation, Witness Examination, Client and international students. The comprising student editors, staff Interview and Mooting competitions and organisation hosts formal and informal faculty advisers and student committee the IHL team came runner up at the events throughout the year for students members. There are approximately 25 National Championships. This team then interested in pursuing an international law students who work on these different went on to compete in the IHL Red Cross career. committees to ensure the smooth running regional competition, held in Hong Kong. of the Law Review. 11.2.1 2009 Highlights Student editors Education The student editors for 2009 were: International Careers and Marianna Perry The LSS is working constantly, in Opportunities Guide conjunction with the Faculty to provide Eleni Stamboulakis students with the best possible legal The International Careers and Sylvester Urban education. The Student Tutorial Program Opportunities Guide was launched at Issues Published continues to provide students with Cube at the Australian Centre for the During 2009, the editors (with the supplementary tutorials, run by paid, Moving Image in October 2009. The assistance of the members of the student high achieving students, which provides International Careers and Opportunities editorial committee) published Volume 35. regular reinforcement and practical Guide is the flagship publication of The contents of these issues were: applications of the materials taught in the International Law Association, and lectures. was made available to all law students. Volume 35(1), Number 1 2009 The Guide featured a collection of 2009 saw the first ever release of the Addresses articles written by both students Pro Bono Guide. The LSS was very and practicing lawyers, providing The Parameters of Constitutional Change proud of this initiative as it expanded on reflections on experiences working and The Hon Sir Gerard Brennan AC KBE

Annual Report 35 11. Student Activities

Remarks on the Occasion of the 19th Book reviews Can Socially Responsible Investment International Symposium on the Forensic Provide a Means of Environmental Ron McCallum, McCallum’s Top Sciences Regulation? Workplace Relations Cases: Labour Law The Hon Chief Justice Marilyn Warren AC Benjamin J Richardson and the Employment Relationship as The Move towards Pre-emption in the Defined by Case Law Genetic and the Transformation of the Criminal Law Karen Wheelwright Personal The Hon Justice Mark Weinberg Belinda Bennett Nadine Behan, How to Run Your Own Articles Court Case: A Practical Guide to Waiver of the Rule against Bias Representing Yourself in Australian Courts Dr Matthew Groves The Quit Rent System in Colonial New and Tribunals (2009) South Wales Copyright as (Decentred) Regulation: Ross Hyams Enid Campbell AC OBE Digital Piracy as a Case Study Volume 35(1), Number 2 2009 Chris Dent Implied Fetters on the Exercise of Discretionary Contractual Powers Tributes Patentability of Non-physical Inventions: Dr Jeannie Marie Paterson Lessons from the United States Tribute to Professor Francis Trindade Ben McEniery Keeping It in the Neighbourhood? Tribute to Professor Bryan Dwyer Neighbourhood Courts in the Australian When does ‘Fraud on the Market’ Induce Articles Context a Right to Damages? Sarah Murray It’s my Body, Isn’t It? Children, Medical Mark Humphery Treatment and Human Rights The Recovery of Wages: Legal Services Book reviews The Hon Chief Justice Diana Bryant and Access to Justice Nicholas Aroney, Scott Prasser and John Chris Arup and Carolyn Sutherland Victorian Institute of Forensic Medicine Nethercote (eds), Restraining Elective Oration: The Inquiry into Pediatric Food Advertising and Obesity in Australia: Dictatorship: The Upper House Solution? Forensic Pathology in Ontario, Canada: To What Extent Can Self-regulation Dr Greg Taylor Some Reflections Protect the Interests of Children? The Hon Justice Stephen Goudge New South Wales Law Reform Sarah Mackay Commission, Young People and Consent Legislating for Sustainability: A Framework Who Is Entitled to Parental Responsibility? to Health Care for Managing Statutory Rights, Biology, Caregiving, Intention and Dr Penny Weller Obligations and Restrictions Affecting the Family Law Act 1975 (Cth): A Private Land Jurisprudential Feminist Analysis Pamela O’Connor, Sharon Christensen Activities Dr Aleardo Zanghellini and Bill Duncan In November 2009 the Law Review Committee held its annual dinner, which was attended by contributors to the Review, members of the Law Faculty, the editors and committee members of the Review, as well as many members of the legal profession. The speaker was the Honourable Michael Kirby, a former Justice of the High Court of Australia.

Faculty Advisers The Academic Advisers to the Monash University Law Review during 2009 were: Semester 1 – Dr Matthew Groves and Dr Gideon Boas Semester 2 – Dr Matthew Groves, Dr Gideon Boas and Dr Dale Smith

36 Faculty of Law 11.4 The Student By encouraging civic responsibility during The Law School High Academic education, students are prepared for a Achievers’ Program, launched in 2008 Experience responsible, community-focussed life also developed in 2009, aiming to reward post graduation. The Program has been and inform high achieving students of To honour and continue his work, the a great success with those involved the possibilities open to them in the Lawrie McCredie Student Support noting a much tighter more integrated areas of higher degrees by research, Program offers a range of important community amongst the first years, aiding academia and other non-traditional programs designed to assist Monash their transition to university life and their career pathways. Voice coaching, stress Law students to enhance their student tertiary studies. management and other developmental experience, build community and help activities are provided to our outstanding to develop leadership, communication The Law School Ambassador Program, students to engage and inform. A and other valued graduate attributes. launched in 2007 to supplement the Vice highlight was an Alumni Dinner held at The key elements of the program Chancellor’s Ancora Imparo Leadership the University Club at the end of the year include leadership development, Program, continued to grow during 2009. with prestigious Alumni Professor The the acknowledgement of academic Community minded law students receive Hon John Thwaites, His Honour Justice excellence, community engagement leadership and project management Shane Marshall, The Hon Tony Lupton and service, peer-to-peer and alumni training and a variety of developmental MP, barrister Mr Declan Hyde and solicitor mentoring, pastoral care, counselling, and experiences to facilitate personal growth. Leonie Bailey in attendance to mix with careers advice. Community outreach and engagement the high achievers and senior faculty staff. projects are selected by students under The Law School Peer Mentor Program their own initiative, and offer those The initiatives conceived and delivered is a joint faculty and Law Students’ experiences to the wider law school under the Lawrie McCredie Student Society (LSS) initiative, piloted in 2008, student community. A highlight event was Support Program are designed to was fully operational in 2009. The the Ambassadors organising the inaugural enhance the Law School’s core curricular program is offered to all the 400 new Staff vs Student debate at Monash Law activities and support the vocational students to the Faculty and it provides Chambers in September. Aiming to break and student experience provided by the support and assistance of two down staff and student barriers, the existing programs and activities such as Peer Mentors within a group of fellow light hearted debate was entitled ‘Law the Monash Oakleigh Legal Service and Mentees to share experiences, advice, students these days have it too easy’ and Springvale Community Legal Service. An information and referrals to the range of drew a crowd of 100 students and was update of activities and the original 5 year support services and facilities offered at adjudicated by Professor Arie Freiberg plan is available at: www.law.monash. Monash. The 97 volunteer Mentors are AM. The Ambassador’s self-stated goals edu/alumni/lawriemccredieprogram.pdf second year and above law students, are to develop relationships between who exercised initiative and leadership students, students and faculty, and skills in their role, learning to work as a faculty and community. His Honour Tony team and developing interpersonal skills Pagone entertained and enlightened the as they contact their mentees regularly Ambassadors during an intimate Alumni throughout their first year of Law School. Sunset Seminar that will be remembered Regular events are held to bring these by all. groups together to further enhance relationships and create a sense of community within the faculty.

Annual Report 37 12. Law Library

12.1 Monash Law Other units in the curriculum which Extra copies of required texts for JD units directly involved Law Library staff were purchased at the end of 2009 and Library included: located at Pharmacy Library in Parkville for the convenience of city based law The Law Library, one of the largest and best • LAW1101 Introduction to Legal students. Pharmacy Library evening hours resourced in Australia, is part of the Monash Reasoning (LLB) have extended to 9 pm on Mondays to University Library system of eight branch • LAW4166 Citizenship & Migration Law Thursdays. libraries on six campuses. It is located (LLB) over four levels in the centre of the Law • LAW7079 Legal Research & Problem A writing group for Law and Business, Faculty building on the Clayton campus, Solving (JD) Law and Taxation HDR students, run by and provides an extensive collection of high Dr. Jan Pinder, learning skills adviser at • LAW7212 Australian Legal System quality print and electronic legal resources. Matheson Library, has been popular with (LLM) An emphasis on providing an environment those participating. conducive to both group and individual • LAW7285 Legal Research & Planning for a new Law building and study saw use of the Law Library‘s physical Communication (LLM) library for the Caulfield campus continued environment continue to increase in 2009 The Law Library also provided support to a detailed design stage until July when with a door count of 414,299. This was an to the PLEA Program in which volunteer it was announced that the redevelopment increase of 41,285 or 11% more than the law students provide court readiness of the Caulfield campus would not go previous year. education to people held on remand at ahead in its current form. Whilst a further the Metropolitan Remand Centre (MRC) announcement is anticipated, de- and to women on remand at the Dame 12.2 2009 Highlights duplication of the collection is proceeding. Phyllis Frost Centre, Deer Park. Library Print journals available on Hein Online In Semester 2, 2009, the Research and orientation and research class were have been identified and these will Writing (RAW) (LAW1104) undergraduate also held for the G-LEAP students from be sent to the off-site store as time unit was taught for the second time. A University of Hong Kong who visited allows. Duplicate monographs with zero major focus in 2009 has been reviewing Melbourne to study intellectual property. the feedback from the first year the unit borrowing for the last five years have also was taught and refining the program. Classes on legal research and EndNote been weeded from the collection. The research component now has were provided to Law Honours students. an increased focus on engagement Law units being taught on the Sunway 12.3 Facilities and and practice using specially designed campus, Malaysia were supported scenario-based research problems and through the creation of online readings Services Highlights exercises which students work on in lists and liaison with the Library in During 2009, the following improved groups using laptops. Law Library staff Malaysia for the purchase of required facilities and services became available to contributed significantly to this unit, with texts. Monash students and staff: law librarians coordinating and teaching Additional programs, drop-in sessions • Fifteen new tables with desktop power the research component over 6 weeks and consultations were conducted and the Law Library‘s learning skills were installed. Excess shelving and outside the curriculum to help students older carrels are being progressively adviser teaching classes on avoiding with information research and learning plagiarism and good academic writing. removed and replaced with powered skills. Undergraduate support was tables for group and individual study. The Law Faculty Team received the intensive in semester 2 with referrals from the Research & Writing unit, • A Smartboard was installed in the Vice-Chancellor’s Award for Exceptional Law Library’s meeting room for use in Performance by Professional Staff for consultations, drop-in sessions and seminars. Development and teaching information research and learning skills collaborating with the Faculty of Law to programs. develop undergraduate students’ legal of programs into LAW1104 was an information research and communication important focus in semester 2 (as • LanSchool software was installed in skills within the Bachelor of Laws described above), in addition to sessions one of the training rooms and will be curriculum. The team have helped on avoiding plagiarism and using Turnitin incorporated into 2010 programs by develop and implement two core law for postgraduate units. sending short quizzes to individual PCs. units, Skills, Ethics, Research (SER) D The Library has continued the successful and RAW, which combine face to face program for Law postgraduates operating and online learning components and out of the City Chambers. Learning skills demonstrate a commitment to student- advisers attended the City Chambers centred teaching and continuous every Thursday, providing seminars, improvement. workshops and consultations. These sessions provide students with effective writing, research and referencing skills.

38 Faculty of Law 12.4 Collection • National Workplace Relations 12.5 Law Library Senior (via Legal Online) Highlights • WorkPlace Law – Fair Work Staff The budget available for the acquisition (via LexisNexis AU) Law Library Manager of new print and electronic materials • Commercial Damages Kay Tucker remained steady for 2009. Some notable (via Legal Online) Law contact librarians purchases included: • International Encyclopaedia of Laws – Caroline Knaggs, Sandra Pyke, Geraldine • the electronic archives of Oxford Medical Law Woodhatch, Dawn Carroll University Press journals. • OEGL (Oil, Gas & Energy Law) journal Learning skills advisers • Kluwer Competition Law and Kluwer A library wide serials review took Patricia Hughes, Rosemary Shaw EU Patent Cases and EU Copyright place in mid-2009. As a result some Cases. law print subscriptions were identified 12.6 Journal Affiliations • IBFD electronic subscription for cancellation where duplicated and External (International Bureau of Fiscal electronically. This also enabled some Documentation - international tax important new subscriptions to be Committees materials) entered into, for example an electronic subscription to IBFD. Kay Tucker • Climate Change Policy & Law in Editorial Board – Australian Law Librarian Australia commentary (online via LexisNexis AU) Caroline Knaggs ALIA Pathways (Information Literacy) • Journal of Media Law (online) Committee CAVAL Reference Interest Group – Seminar Committee: Information Literacy (SCIL)

Poh York Lee (retired), Geraldine Woodhatch, Caroline Knaggs, Kay Tucker, Lisa Smith, Patricia Hughes and Sandra Pyke with Professor Ed Byrne (Vice-Chancellor) accepting the Vice-Chancellor’s Award for Exceptional Performance by Professional Staff 2009 presented to the Library’s Law Faculty Team

Annual Report 39 13. Staff

13.1 Staff List Professor Bernadette McSherry, Associate Professor Adrian Evans, BA (Hons) LLB (Hons) LLM Melb. PhD BCom LLB Melb. Assoc in Theology ACT York (Can.) Grad Dip Psych Monash LLM PhD Monash Practitioner (Vic.) Dean Practitioner (Vic.) High Court (Aust). Associate Professor John Glover, Professor Arie Freiberg AM, (Australian Research Council Federation BA (Hons) LLB (Hons) Melb. BCL Oxon. LLB (Hons) Dip Crim Melb. LLM Monash Fellow) PhD Monash Practitioner (Vic.) LLD Melb., FASSA, Practitioner (Vic.) Professor Ann Monotti, Associate Professor Gaye Lansdell, LLB (Hons) LLM Melb. PhD Monash LLB (Hons) Tas MPhil Camb. PhD Tas. Professors Practitioner (Vic.) Practitioner (Tas. and W.Aust.) High Court Professor Stephen Barkoczy, Professor Marilyn Pittard, (Aust.) Solicitor (Eng. and Wales) BA LLB MTaxLaw PhD Monash FTIA BEc (Hons) LLB (Hons) Monash Associate Professor Pamela O’Connor, Practitioner (Vic.) Practitioner (Vic.) BA LLB Monash LLM Melb. MBA Grad Professor Elizabeth Boros, Professor Jeff Waincymer, Cert Higher Ed PhD Monash Practitioner LLB (Hons) Adel. LLM PhD Cantab. BCom LLB Melb. LLM Monash (Vic.) Practitioner (Vic. and S.Aust.) Solicitor Practitioner (Vic.) (Eng. and Wales) High Court (Aust.) Associate Professor Moira Paterson, Professor Bob Williams, BEc Monash LLB (Hons) Melb. LLM Professor David Cousins, BJuris LLB (Hons) Monash BCL Oxon. Lond. Grad Cert Higher Ed PhD Monash BEc (Hons) MEc Monash; DipEd Rusden; LLD FASSA Practitioner (Vic.) (The Sir Practitioner (Vic.) PhD Manchester John Barry Chair of Law) Associate Professor Greg Taylor, Professor Mark Davison, BA (Hons) LLB (Hons) Adel. LLM Marburg LLB (Hons) Qld DipLP Qld.UT Dip Lang Emeritus Professors GCLP S.Aust. LLD Marburg Grad Cert LLM PhD Monash Practitioner (Qld.) (Vic.) Professor Enid Campbell AC, OBE, Higher Ed Monash Practitioner (S.Aust.) Professor Ian Freckelton SC, BEc LLB (Hons) LLD (Hon.) Tas., Syd., BA (Hons) LLB Syd. PhD Griff. Dip Th Mon. PhD Duke Practitioner (Tas.) High Senior Lecturers M ANH Practitioner (Vic. ACT S.Aust.) Court (Aust.) Dr Renata Alexander, Practitioner (NSW Qld. Tas. N.Territory) Professor Richard Fox AM, BA LLB DipFamLaw LLM PhD Monash Practitioner High Court (Aust.) LLB Melb. DipCrim Melb. LLM Melb. LLD Practitioner (Vic.) High Court (Aust.) Professor Jeffrey Goldsworthy, Monash Practitioner (Vic.) High Court Dr Heli Askola, LLB (Hons) Adel. LLM Illinois MA PhD (Aust.) LLB LLM Turku, Finland PhD EUI Berkeley LLD Adel. FASSA Practitioner Professor Francis Trindade, (S.Aust.) Ms Susan Barkehall-Thomas, LLB Karachi MA Oxon. Gray’s Inn BA LLB (Hons) LLM Monash Practitioner Professor The Hon. George Hampel Barrister-at-Law, Practitioner (Vic.) (Vic.) Federal Court (Aust.) High Court AM, QC, Professor Louis Waller AO, (Aust.) LLB Melb. QC Practitioner (Vic. NSW ACT LLB (Hons) Melb. BCL Oxon. Hon LLD Tas. and W.Aust.) Middle Temple (Eng.) Dr Gideon Boas, Monash FASSA FAAL Practitioner (Vic.) BA LLB Monash LLM PhD Melb. Professor Graeme Hodge, Professor Christie Weeramantry, Practitioner (Vic. and NSW) High Court BE MEngSc MBA PhD Monash BA LLD D.Lit (Hon.) Lond. Hon LLD (Aust.) Professor Bryan Horrigan, Colombo Hon. LLD Monash Hon LLD Ms Melissa Castan, BA LLB (Hons) Qld. DPhil Oxon. National Law School of India Advocate BA LLB (Hons) Monash LLM Melb. of Supreme Court of Ceylon Practitioner Practitioner (Vic.) High Court (Aust.) Professor Sarah Joseph, (Vic.) BA LLB (Hons) Syd. LLM (Hons) Cantab Dr Julie Debeljak, PhD Monash Associate Professors BEc LLB (Hons) Monash LLM Cantab. Professor Susan Kneebone, PhD Grad Cert Law Teaching Monash Dr Jonathan Clough, LLB Adel. MA HK DipEd Melb. PhD Practitioner (Vic.) BSc LLB (Hons) Monash LLM Cantab. Monash Practitioner (S.Aust. and Vic.) PhD Grad Cert Higher Ed Monash Dr Melissa de Zwart, Professor Hoong Phun (HP) Lee, Practitioner (Vic.) High Court (Aust.) BA (Hons) LLB (Hons) LLM Melb. PhD LLB (Hons) Sing. LLM Malaya PhD Grad Cert Higher Ed Monash Practitioner Associate Professor John Duns, Monash (The Sir John Latham Chair of (Vic.) BCom LLB (Hons) Melb. LLM PhD Law) Monash Practitioner (Vic.) Dr Paula Gerber, Professor Justin Malbon, LLB QUT MSc Kings Coll Lond. LLM Associate Professor Judd Epstein, LLB Adel, LLM Yorke, Can. PhD NSW Monash PhD Melb Practitioner (Qld. AB Syr. BJuris Stan. Caseflow Mgmt Cert Practitioner (Qld) NSW and Vic.) (Eng. and Wales) Attorney Mediation Cert Attorney-at-Law (Calif.) (California) Member Chart. Inst. Arbit. (Lond)

40 Faculty of Law Dr Stephen Gray, DipLegSt London, LLB(Hons) Murdoch, Assistant Lecturers BA LLB (Hons) LLM Melb PhD Monash GradDipLegPrac ANU, Practitioner (ACT), High Court (Aust.) Ms Azadeh Dastyari, Dr Matthew Groves, BA LLB (Hons) Syd. GradDipLP Technol. BA LLB (Hons) PhD Monash Practitioner Dr Eric Wilson, Syd. (Vic.) BA (Hons) MA Dal. PhD Camb. LLB Br.Col. LLM Washington SJD Melb. Ms Kathryn James, Dr Sirko Harder, BA LLB (Hons) Monash Practitioner (Vic.) Doctor iuris Tubingen LLM Qld. PhD Ms Helen Yandell, Aberdeen DipTeach Murray Park BEd Warrnambool Ms Lisa Spagnolo, LLB Deakin GradDipLP ANU Practitioner BCom LLB (Hons) Deakin Practitioner Mr Ross Hyams, (Vic.) (Vic.) High Court (Aust). BA LLB LLM Monash Practitioner (Vic.) Dr Michael S King, Lecturers Honorary Associates B.Juris LLB (Hons) UWA MA PhD MUM Mr Stephen Charles, Practitioner (WA) Dr Becky Batagol, BA (Hons) LLB (Hons) PhD Monash LLB (Hons) Melb. Dr Emmanuel Laryea, Dr Fiona Hanlon, LLB (Hons) Ghana LLM Glas. PhD Bond Mr Malcolm Bennett, BJuris. LLB Monash LLM PhD Melb. Grad Cert Higher Ed Monash Practitioner LLB Melb. Practitioner (Vic.) Practitioner (Vic.) (Ghana) Dr Colin Campbell, Mr Raymond Hind, Dr David Lindsay, BA LLM Melb. LLM PhD Cantab. BSc (Eng) Lond. Patent Attorney, BA LLB Syd. LLM Melb. PhD Monash Practitioner (Vic.) European Patent Attorney Practitioner (NSW) Ms Rowena Cantley-Smith, Dr Elise Histed, Ms Oyiela Litaba, BEc LLB Monash LLM Leiden Practitioner BA (Hons) LLB (Hons) Melb. PhD Cantab. MA Cantab. PG Dip Teach Sheff. Solicitor (Vic.) High Court (Aust.) Practitioner (Vic.) Grad Cert Higher Ed Monash Practitioner (England and Wales) Barrister & Solicitor Ms Rachel Chrapot, (Vic.) (Fiji) BA (Hons) Monash LLB Bond LLM Melb. Mr Andrew Monotti, Dr Karinne Ludlow, Practitioner (Vic.) BCom LLB (Hons) LLM Melb. Practitioner BSc LLB (Hons) PhD Monash Practitioner Dr Patrick Emerton, (Vic.) High Court (Aust.) BA (Hons) LLB (Hons) MA Melb. PhD Dr Guy Powles, BA LLB LLM Well. PhD ANU Practitioner Dr Adam McBeth, Monash (NZ) Solicitor (Eng.) Practitioner (Vic.) BA LLB (Hons) PhD Monash Grad Cert Ms Fay Gertner, Higher Ed Deakin, Practitioner (Vic) High BA LLB Monash Practitioner (Vic.) Mr Ian Pyman Court (Aust.) BJuris. LLB Monash Practitioner (Aust.) Dr Rebecca Giblin, Dr Bronwyn Naylor, LLB (Hons) PhD Monash Practitioner (Vic.) Mr Chris Sidoti, BA (Hons) LLB (Hons) LLM Monash BA LLB Syd. MPhil(Crim) PhD Cantab. Practitioner Mr Kwame Mfodwo, Professor Les Stein, (Vic.) High Court (Aust.) LLB (Hons) Ghana MIntlLaw ANU BA Suny LLB Osgoode LLM York Dr Jeannie Paterson, Dr Sarah Middleton, Dr David Yarrow, BA LLB (Hons) ANU, PhD Monash BA LLB (Hons) PhD Tas. BSc LLB LLM Qld. MSc Griffith PhD Practitioner (Vic.) High Court (Aust.) Dr Gerry Nagtzaam, Osgoode Mrs Sharon Rodrick, LLB, M.Env.Sci Monash PhD Melb. BA LLB (Hons) LLM Melb. Practitioner Practitioner (Vic.) Senior Research Fellows (Vic.) Ms Maria O’Sullivan, Dr Diana Bowman, BA LLB (Hons) GradDipLP ANU LLM Ms Jenny Schultz, BSc LLB PhD Monash BA LLB Monash LLM Michigan Essex Practitioner ACT High Court (Aust.) Dr Penny Weller, Practitioner (Vic.) High Court (Aust.) Ms Tania Penovic, BA LLB Monash MA LaTrobe PhD Victoria Ms Adiva Sifris, BA LLB (Hons) Melb. MSt (Dist) Oxon. BProc Witw. LLM PhD Monash Grad Cert Law Teaching Monash Adjunct Staff Practitioner (Vic.) High Court (Aust.) Practitioner (Vic.) High Court (Aust.) Solicitor of the Supreme Court (Eng.and Professor Greg Reinhardt, Dr Dale Smith, Wales) BA LLB (Hons) Melb. BA (Hons) LLB (Hons) MA Melb. DPhil Oxon. Ms Karen Wheelwright, BA GradDipEd La Trobe LLB (Hons) Melb. Dr Normann Witzleb, Practitioner (Vic.) State Law Exam Würzburg, Ass. Iur. Berlin, Dr. Iur. EUV Frankfurt(O),

Annual Report 41 13.2 Academic 13.7 Visitors Governance Positions Dr Niels Ejersbo, Political Science and Public Management, University of Portfolios, charts and senior Southern Denmark. administrative staff 1 August 2008 to 31 July 2009 See Appendix I Dr Yanning Yu, Zhejiang Gongshang University. 13.3 Promotions 2 September 2008 to 1 June 2009 Jonathan Clough – senior lecturer to Professor Tony Anghie, S.J. Quinney associate professor School of Law, University of Utah, USA. Adam McBeth – lecturer to senior lecturer 1 December 2008 to 31 March 2009 Adiva Sifris – lecturer to senior lecturer Ms Alice Nah, National University of Singapore. 13.4 Appointments 20 February to 10 June and 1 August to 30 September Dr Heli Askola Dr Steven Tudor, Faculty of Law and Professor David Cousins Management, La Trobe University. Professor Justin Malbon 12 January to 16 June. Dr Normann Witzleb Professor Ingeborg Schwenzer, University of Basel, Switzerland. 13.5 Resignations 4-6 February. Professor Elizabeth Boros Professor Steven Chanenson, Villanova Dr Diana Bowman University School of Law, USA. Dr Melissa De Zwart 20-23 April Associate Professor Judd Epstein Professor Dana Muir, Stephen M Associate Professor John Glover Ross School of Business, University of Michigan, USA. Dr Sarah Middleton 12 May Dr Jeannie Paterson Professor Ruth Kanai, Bar Ilan University, Ramat Gan, Israel. 13.6 Outside Studies 3 June to 31 July Program Professor Allan Borowski, Faculty of Azadeh Dastyari, Semester 1 Health Science, La Trobe University 6 July to 31 December Adrian Evans, Semester 1 Jeff Goldsworthy, Semester 1 Professor Robert Vaughn, American University, Washington College of Law Stephen Gray, Semester 1 13 July to 28 November Matthew Groves, Semester 1 Professor Jiangiang Nie, Wuhan Emmanuel Laryea, Semester 1 University School of Law, China Ann Monotti, Semester 1 6 August to 4 October Dale Smith, Semester 1 Honourable Peggy Hora, Retired Judge, Becky Batagol, Semester 2 California Superior Court, USA Graeme Hodge, Semester 2 24-25 August Sarah Joseph, Semester 2 Dame Rosalyn Higgins, DBE QC Greg Taylor, Semester 2 4 -12 December Karen Wheelwright, Semester 2 Bob Williams, Semester 2 Eric Wilson, Semester 2

42 Faculty of Law 14. Staff Activities

14.1 External Boards • Member, Expert Working Group • Member, International Penal and National Licensing Initiative Penitentiary Foundation and Committees • Member, Council of Queens College • Adjunct Faculty, The Australia and New Melbourne Zealand School of Government External boards and committees Mark Davison Paula Gerber Renata Alexander • Member, Intellectual Property • Member, Victorian Civil and • Member, Prostitution Control Act Committee, Business Law Section, Administrative Tribunal (Civil Claims, Ministerial Advisory Committee, Law Council of Australia Domestic Building and Anti- Department of Justice • Member, International Trademark • Discrimination Lists) Association (INTA) Stephen Barkoczy • Member, Victorian Law Institute • Special Counsel, Knightsbridge Human Rights Committee • Consultant, Blake Dawson Lawyers • Member, Victorian Human Rights Becky Batagol Julie Debeljak Education Committee • Member, Board of Family Mediation • Member, Advisory Committee, Human • Member, Jewish Care Building Centre Rights Law Resource Centre Committee Gideon Boas Richard Fox John Glover • Member, Australian Red Cross • Chair, Board of Management, • Committee member, Commercial Bar Victoria, International Humanitarian Australian Institute of Criminology Association (Victoria) Law Committee • Committee member and Hon. Ian Freckelton • Member, AustLII Victorian Support and Secretary, Equity Interest Group, Advisory Committee • Member, Coronial Council of Victoria Commercial Bar Association (Victoria) • Member, International Expert • Member, Mental Health Review Board • State Revenue Committee, Law Framework Group on International • Member, Psychosurgery Review Board Institute of Victoria Criminal Procedure • Member, Suitability Panel of Victoria • Taxation and Revenue Committee, Elizabeth Boros • Member, Investigation Review Panel of Law Institute of Victoria • Consultant, Blake Dawson Victoria • Committee member, Taxation Interest • Member, Legal Committee of • Member, Expert Advisory Panel on Group, University of Melbourne Law Corporations and Markets Advisory Mental Health Act Reform Faculty Committee CAMAC • Immediate Past-President, Australian • Member, Victorian Civil and • Member, Corporations Committee, and New Zealand Association of Administrative Tribunal (General List) Business Law Section, Law Council Psychiatry, Psychology and Law (Vic • Education Committee, Taxation of Australia Branch) Institute of Australia (Vic. Division) • Member, E-Commerce Committee, • Vice-President, International Institute of Stephen Gray Business Law Section, Law Council Forensic Studies • Member, Charles Darwin University of Australia • Vice-President, International Academy Press Committee Rowena Cantley-Smith of Law and Mental Health (Australasian Branch) George Hampel • Committee Member, Australian • President, International Institute of Red Cross Victoria, International • Board Member, Council of Australasian Forensic Studies Humanitarian Law Department Tribunals • Chairman, Australian Advocacy • Associate Fellow, Clingendale • Vice-President International Institute International Energy Programme, Organisation of Mental Health Review Netherlands Institute of International Tribunals • Member, Council of Legal Education Relations Clingendael • Member, The Netherlands Scientific • Member, Legal Services Board, • Member, ANZSIL (Australian and New Council of the Expertise Center for Continuing Education Committee Zealand Society of International Law) Forensic Psychiatry • Chairman, Funding Committee of ‘More than Opera’ Jonathan Clough Arie Freiberg AM • Member, Cancer Council Legal Policy • Member, Council of the Australian Bryan Horrigan Advisory Group Institute of Judicial Administration • Consultant, Allens Arthur Robinson • Chair, Victorian Sentencing Advisory David Cousins • Panel Member, Expert Panel to advise Council the Commonwealth Minister for Small • Commissioner (part-time) State • Member, Sexual Assault Advisory Business, Competition Policy, and Services Authority Victoria Committee, Department of Justice, Consumer Affairs on matters under the • Member, Building Advisory Council Victoria Trade Practices Act and Franchising Victoria • Member, Leo Cussen Institute Board Code of Conduct

Annual Report 43 14. Staff Activities

Sarah Joseph Bronwyn Naylor • Rapporteur and Chair, Protection • Member Advisory Board, Academy on • Member, Board of Management, Against Counterfeit Goods Working Human Rights and Humanitarian Law, Australian Institute of Public Safety Group, Global Principles of International Consumer Contracts American University • Member, Architects Tribunal Panel, Project • Member, International Board of Architects Registration Board of Advisers, Jindal Global Law School, Victoria Jeff Waincymer Sonipat, Haryana, India • Director, Springvale Monash Legal • Co-Chair, International Trade and • Member, Advisory Board, Centre for Service Business Interest Group, International Civil and Political Rights, Geneva • Member and Newsletter Editor, Board Law Section, Law Hoong Phun Lee of Management, Australian and New • Council of Australia Zealand Society of Criminology • Vice-Chairman, Australian Press Weller, Penelope • Academic Advisor, Victorian Energy Council • Member, Health Services Review and Water • Deputy Chairman, Policy Development Council • Ombudsman’s Case Handling Committee, Australian Press Council • Member, Department of Justice Advisory Committee • Member, International Board of Human Research Ethics Committee Advisers of the Weeramantry Pamela O’Connor Bob Williams International Centre for Peace • Board Member, Judicial College of • Member, Victorian Civil and Education and Research Victoria Administrative Tribunal, Guardianship • External Assessor, Faculty of Law, • Board Member, Leo Cussen Institute List University of Malaya in respect of • Commissioner, Victorian Law Reform Appointment/Promotion to Associate Commission Professor and Professor 14.2 Journal Affiliations • External Examiner for the Degree Marilyn Pittard of Bachelor of Laws Examinations, • Executive Committee Member, Stephen Barkoczy University of Malaya Australian Labour Law Association • Advisory Board, Revenue Law Journal • Associate External Examiner, School of • Member, Industrial Relations Society • Editorial Board, Journal of Australian Law, City University of Hong Kong of Victoria Taxation • Adjunct Professor, School of Law, City • Convenor, Victorian Chapter, Australian Gideon Boas University of Hong Kong Labour Law Association • General Editor, Leiden Journal of • Member, International Board of • Member, Eggleston Society International Law Advisers, Jindal Global Law School, Committee Diana Bowman Sonipat, Haryana, India • Member, Advisory Committee, the • Editorial Board, Nanotechnology Law Karinne Ludlow Australian Institute of Employment Rights & Business Journal • Victorian Biotechnology Ethics Advisory Committee • Workplace Relations Law Advisory Mark Davison Committee for Specialist Accreditation, • Editorial Board, International Journal of Justin Malbon Law Institute of Victoria Information Policy and Law • Member, Queensland Competition • Legal Member, Cancer Council of • Editorial Board, Intellectual Property Authority Victoria Human Research Ethics Law Bulletin • Panelist, Financial Ombudsman Committee Melissa de Zwart Service Ltd • Labour Law Consultant, Clayton Utz • Editorial Board, Journal of Law, Bernadette McSherry • Associate member, Centre for Information and Science • Legal Member, Mental Health Review Employment and Labour Relations Board (Vic) Law, University of Melbourne Ian Freckelton • Legal Member, Psychosurgery Review Dale Smith • Editor, Journal of Law and Medicine Board (Vic) • Treasurer, Australian Society of Legal • Editor-in-Chief, Psychiatry, Psychology and Law Ann Monotti Philosophy • Editorial Board Member, Family Law in • Intellectual Property Committee, Lisa Spagnolo New Zealand Business Law Section, Law Council of • Alternate Member, Cancer Council Australia Victoria’s Human Research Ethics Committee • National Correspondent, Global Sales Law Project, University of Basel, Switzerland

44 Faculty of Law Arie Freiberg AM Susan Kneebone Bronwyn Naylor • Editorial Board, Punishment and • Editorial Board, Australian Institute of • Editorial Board, Alternative Law Society Administrative Law Forum Journal • Editorial Board, Criminal Justice • Editorial Board, Around the Globe Marilyn Pittard • Editorial Board, Queensland University Hoong Phun Lee • Editor, Employment Law Bulletin of Technology Law and Justice Journal • Panel of International Referees, • Editorial Board, Australian Journal of • Editorial Board, Canadian Journal of Singapore Academy of Law Journal Labour Law Criminology and Criminal Justice • Advisory Board, Constitutional Law • Faculty Adviser, Monash University • Editorial Board, Judicial College of and Policy Review Law Review Victoria, Victorian Sentencing Manual • Advisory Board, Singapore Journal of Jeff Waincymer John Glover Legal Studies • Advisory Board, Vindobona Law • Editorial Board, Journal of Australian • Advisory Board, Australian Journal of Journal Taxation Asian Law • Advisory Board, University of New Jeff Goldsworthy • Board of Editorial Advisors, Asian South Wales E-Journal of Taxation Law Journal of Comparative Law • Editorial Board, University of • Advisory Board to the publisher Queensland Law Journal David Lindsay Kluwer, as to its International Trade • Editorial Board, Legal Theory • Editorial Board, Australian Intellectual Manuscript Series • Editorial Board, Philosophy Compass Property Journal Bob Williams • Editorial Board, Media and Arts Law Stephen Gray • Assistant Editor (Criminal Cases), Review Victorian Reports • Northern Territory Editor, Criminal Law • Editorial Board, Privacy Law and Policy Journal Normann Witzleb Reporter • Editorial Board, Alternative Law • Section Editor, ‘Privacy’, Australian • Editorial Board, Telecommunications Journal Committee Business Law Review Journal of Australia Matthew Groves • Editorial Committee, Alternative Law Bernadette McSherry Journal • State Editor, Criminal Law Journal • Co-editor, Legal Issues Column, Advisory Board to the publisher Kluwer, • Legal Adviser, South Asia Journal of Law and Medicine as to its International Trade Manuscript Graeme Hodge • Editorial Board, Psychiatry, Psychology Series • Editorial Board, International Journal of and Law Public Policy • Editorial Board, Monash Bioethics Review Bryan Horrigan • Editorial Board, International Journal of • Editorial Advisory Board, Social Forensic Mental Health Responsibility Journal • Editorial Board, Psychology, Public • Advisory Board, QUT Law and Justice Policy and Law Journal Sarah Middleton Ross Hyams • Editorial Board, Australian Journal of • Editor, Lawyers Practice Manual (Vic) Family Law • Member, Board of Family Mediation Centre Ann Monotti • Editorial Board, International Journal Kathryn James of Information Policy and Law, • Editorial Committee, Alternative Law (Inderscience Publishers, Geneva, Journal Switzerland) Sarah Joseph • Australian Correspondent, European Intellectual Property Review (Sweet • Editorial Board, Human Rights Law and Maxwell Ltd, Great Britain) Review • Editorial Board, Journal of Human Rights and the Environment Michael King • Editorial Committee, Alternative Law Journal

Annual Report 45 15. Publications 2009

* Meet criteria as DIISR research publications Books (other) – authored Waller, P, L, & Williams, C, R. Criminal + student Law: Text and Cases.11th Ed. LexisNexis, (other), editorship, revision Chatswood NSW, (2009) or new edition 15.1 Staff and Student Wilson, E. Government of the Shadows: Publications Campbell, S, L, Evans, A, H, Hyams, Parapolitics and Criminal Sovereignty. R, L, Dickson, J, Noone, M, Yandell, H, Pluto Press, New York, USA, (2009) Books (authored)* Welch, B, J & Campbell, M, F. Lawyers Practice Manual (Victoria). 118-121st Ed. Woellner, R, Barkoczy, S, L, Murphy, S & Barkoczy, S, L. Foundations of Taxation Thomson Reuters / Law Book Co, Rozelle Evans, C, C. Australian Taxation Law.19th Law. CCH Australia Ltd, Sydney NSW NSW, (2009) Ed. CCH Australia Ltd, Sydney NSW Australia, (2009) (2009) Castan, M. Alternative Law Journal. Legal Kaempf, A, McSherry, B, M, Ogloff, J, R & Services Bulletin Co-op., Melbourne Vic Book Chapters Rothschild, A, D. Confidentiality for Mental Australia, (2009) Health Professionals: A Guide to Ethical Askola, H. ‘‘Awkward aliens’: Female and Legal Principles. Australian Academic Castan, M. Handbook for Interns. The migrants, exploitation and the trafficking Press, Bowen Hills Queensland, (2009) Aurora Project, Sydney NSW Australia, framework’, in Helen Stalford, Samantha (2009) Currie and Samantha Velluti (Eds.) Gender King, M S, Freiberg, A, Batagol, B M & Duns, J, C. Corporate Law. 2nd Ed. and Migration in 21st Century Europe. Hyams, R, L. Non Adversarial Justice. The Ashgate Publishing Ltd, (2009), 163-182 Federation Press, Leichhardt NSW, (2009) Oxford University Press (ANZ), South Melbourne Victoria, (2009) Boas, G, J. ‘The case for a new appellate McSherry, B, M & Keyzer, P. Sex jurisdiction for international criminal law’, Offenders and Preventive Detention: Freckelton, I, R & Selby, H. Expert Evidence: Law, Practice, Procedure and in Goran Sluiter, Sergey Vasiliev (Eds.) Politics, Policy and Practice. The International Criminal Procedure: Towards Federation Press, Sydney, NSW, Australia, Advocacy. Thomson Reuters, Sydney NSW Australia, (2009) a Coherent Body of Law. CMP Publishing (2009) Ltd., United Kingdom, (2009), 407-444 McQueen, R, I. A Social History of Freckelton, I, R & Selby, H. Appealing to the Future: Michael Kirby and His Legacy. Cantley-Smith, R. ‘Demanding more: Company Law: Great Britain and The role of demand management and Australian Colonies 1854-1920. Ashgate, Thomson Reuters, Pyrmont, NSW, Australia, (2009) improved end use efficiency in Australian Surrey UK, (2009) electricity markets’, in J. Cottrell, L.A. Nagtzaam, G, J. The Making of Freckelton, I, R. Expert Evidence: Law, Kreiser, K. Deketelaere, H. Ashiabor International Environmental Treaties: Practice, Procedure and Advocacy. and J.E. Milne (Eds.) Critical Issues of Neoliberal and Constructivist Analyses Thomson Reuters, Sydney NSW Australia Environmental Taxation. Oxford University of Normative Evolution. Edward Elgar, (2009) Press, London UK, (2009), 439-464 Cheltenham, UK, (2009) Joseph, S, L, Kinley, D & Waincymer, Cantley-Smith, R. ‘Environmental Sifris, A, R. Children and the Lesbian J, M. The World Trade Organization obligations in the Australian energy ‘Homo-nuclear’ family: A Challenge and Human Rights: Interdisciplinary market’, in Wayne Gumley and Trevor for Australian Family Law in the Perspectives. Edward Elgar, United Daya-Winterbottom (Eds.) Climate New Millennium. Lambert Academic Kingdom, (2009) Change Law: Comparative, Contractual Publishing, Koln Germany, (2009) Kneebone, S, Y. Refugees, Asylum and Regulatory Considerations. Thomson Seekers and the Rule of Law. Cambridge Reuters (Professional), Pyrmont NSW Smith, S, B. Maverick Litigants: Australia, (2009), 15-43 A History of Vexatious Litigants University Press, Cambridge, UK, (2009) in Australia1930-2008. Maverick Lee, H, P & Gerangelos, P. Constitutional Davison, M, J. ‘Cadbury Schweppes v Publications, Elwood, Australia, (2009) Advancement in a Frozen Contingent: Pub Squash: What is all the fizz about?’, Essays in Honour of George Winterton. in Andrew Kenyon, Megan Richardson, Tsamenyi, M, Palma, M, Milligan, B Sam Ricketson (Eds.) Landmarks in & Mfodwo, K, S. Fairer Fishing?: The The Federation Press, Leichhardt, NSW, Australia, (2009) Australian Intellectual Property Law. Impact on Developing Countries of the Cambridge University Press, Port European Community Regulation on McSherry, B, M, Norrie, A & Bronitt, S. Melbourne Victoria, (2009), 126-141 Illegal, Unreported and Unregulated Regulating Deviance: The Redirection of Fisheries. www.thecommonwealth.org/ Criminalisation and the Futures of Criminal De Zwart, M, J & Lindsay, D, F. publications, Commonwealth Secretariat Law. Hart Publishing, Oxford, UK, (2009) ‘Governance and the global metaverse’, (The Publications Section), Pall Mall, in Daniel Riha & Anna Maj (Eds.) The London, (2009) Richards, B, Ludlow, K, A & Gibson, A. Real and the Virtual: Critical Issues in Tort Law in Principle. 5th Ed. Thomson Cybercultures. Inter-disciplinary Press, Reuters, Pyrmont, NSW, Australia, (2009) Freeland Oxfordshire UK, (2009), 173-182 Symes, C & Duns, J, C. Australian Insolvency Law. LexisNexis, Chatswood NSW, (2009)

46 Faculty of Law Duns, J, C & Mason, R. ‘Debt agreements Joseph, S, L. ‘Trade and the right to Malsch, M & Freckleton, I. ‘Legal evidence down under’, in Johanna Niemi, Iain health’, in Andrew Clapham, Mary and proof: Statistics, stories, logic’, in Ramsay and William C. Whitford (Eds.) Robinson, Claire Mahon and Scott Jerbi Hendrik Kaptein, Henry Prakken and Bart Consumer Credit, Debt and Bankruptcy. (Eds.) Realizing the Right to Health. Verheij (Eds.) The Evaluation of Evidence: Hart Publishing, Portland USA, (2009), Rueffer and Rub sachbuchverlag, Zurich Differences between Legal Systems. 355-374 Switzerland, (2009), 359-367 Ashgate, Surrey UK, (2009), 117-134 Emerton, P, C. ‘International economic Kneebone, S, Y. ‘Trois figures de la McSherry, B, M. ‘Expanding the justification: Is a principled liberalism femme: actrice, victime et réfugiéé. boundaries of inchoate crimes: The possible?’, in Sarah Joseph, David Kinley Contribution au débat sur la traite growing reliance of preparatory offences’, and Jeff Waincymer (Eds.) The World des personnes’, in Francois Crepeau, in Bernadette McSherry, Alan Norrie and Trade Organization and Human Rights: Delphine Nakache at Idil Atak (Eds.) Simon Bronitt (Eds.) Regulating Deviance: Interdisciplinary Perspectives. Edward Les migrations internationales The Redirection of Criminalisation and the Elgar, Cheltenham, UK, (2009), 133-161 contemporaines: Une dynamique Futures of Criminal Law. Hart Publishing, complexe aucoeur de la globalisation. Oxford, UK, (2009) 141-164 Freckelton, I, R. ‘Health law and bioethics’, Montreal University Press, Montreal, in Ian Freckelton and Hugh Selby (Eds.) McSherry, B, M, Norrie, A & Bronitt, S. Canada, (2009), 39-69 Appealing to the Future: Michael Kirby and ‘Regulating deviance: The redirection of His Legacy. Thomson Reuters, Pyrmont, Kneebone, S, Y. ‘The Australian story: criminalisation and the futures of criminal NSW, Australia, (2009), 421-472 Asylum seekers outside the law’, in law’, in Bernadette McSherry, Alan Norrie and Simon Bronitt (Eds.) Regulating Freckelton, I, R. ‘Non-disciplinary Susan Kneebone (Eds.) Refugees, Deviance: The Redirection of Criminalisation pathways in practitioner regulation’, Asylum Seekers and The Rule of Law: and the Futures of Criminal Law. Hart in Judith Healy and Paul Dugdale Comparative Perspectives. Cambridge Publishing, Oxford, UK, (2009), 3-10 (Eds.) Patient Safety First: Responsive University Press, Cambridge, UK, (2009), Regulation in Health Care. Allen & Unwin, 171-227 McSherry, B, M. ‘Criminal law’, in Ian Crows Nest, NSW 2065, (2009), 167-191 Kneebone, S, Y. ‘The rule of law and Freckelton and Hugh Selby (Eds.) Appealing to the Future: Michael Kirby Gerber, P. ‘Scientific experimentation on the role of law: Refugees and asylum and His Legacy. Thomson Reuters, animals: Are Australia and New Zealand seekers’, in Susan Kneebone (Eds.) Pyrmont, NSW, Australia, (2009), 291-311 implementing the 3Rs’ in Peter Sankoff Refugees, Asylum Seekers and the Rule and Steven White (Eds.) Animal Law of Law: Comparative Perspectives. Monotti, A, L. ‘Commercialization of in Australasia. The Federation Press, Cambridge University Press, Cambridge, university research and free diffusion – Leichhardt NSW, (2009), 212-229 UK, (2009), 32-77 what does experience show works best in and for Australia?’, in Christopher Goldsworthy, J, D. ‘Original meanings Kneebone, S, Y. ‘Conclusion on the Arup and William van Caenegem (Eds.), and contemporary understandings in rule of law’, in Susan Kneebone (Eds.) Intellectual Property Policy Reform: constitutional interpretation’, in HP Lee Refugees, Asylum Seekers and the Rule Fostering Innovation and Development. and Peter Gerangelos(Eds.) Constitutional of Law: Comparative Perspectives. Edward Elgar Publishing Ltd, Cheltenham Advancement in a Frozen Continent: Cambridge University Press, Cambridge, UK, (2009) 221-249 Essays in Honour of George Winterton. UK, (2009), 281-309 Nagtzaam, G, J. ‘Environmental The Federation Press, Leichhardt NSW, Kneebone, S, Y. ‘Introduction: Refugees exploitation: An analysis and taxonomy’, (2009), 245-267 and asylum seekers in the international in Liam Leonard and John Barry (Eds.) Horrigan, B, T. ‘21st century legal and context – rights and realities’, in Advances in Ecopolitics. Volume 4. The regulatory developments on corporate Susan Kneebone (Eds.) Refugees, Transition to Sustainable Living and social responsibility and SMEs’, in Guler Asylum Seekers and the Rule of Law: Practice. Emerald Group Publishing Aras, David Crowther and Stella Vettori Comparative Perspectives. Cambridge Limited, United Kingdom, (2009), 101- (Eds.) Corporate Social Responsibility in University Press, Cambridge, UK, (2009), 116 SMEs. Social Responsibility Research 1-31 Network, Leicester, UK, (2009) 15-60 O’Connor, P, A. ‘The extension of land Lee, H, P. Salus Populi Suprema registration principles to new property James, K, A. ‘We of the ‘Never Ever’: The Lex Esto: Constitutional fidelity in rights in environmental goods’ in Martin history of the introduction of a goods and troubled times, in H.P. Lee and Peter Dixon (Eds.) Modern Studies in Property services tax in Australia from 1970 to 2005’, Gerangelos(Eds.) Constitutional Law Vol 5. Hart Publishing, Oxford UK in John Tiley (Eds.) Studies in the History of Advancement in a Frozen Continent: and Portland Oregon, (2009), 363-385 Tax Law, Volume 3. Hart Publishing, United Essays in Honour of George Winterton. Kingdom, (2009), 139-174 The Federation Press, Leichhardt, NSW, O’Sullivan, M, J. ‘The Interaction between Australia, (2009), 53-78 the international, the regional and the Joseph, S, L. ‘Democratic deficit, domestic: Seeking asylum in the UK’, participation and the WTO’, in Sarah Malbon, J, E. ‘Judicial values’, in Ian in Susan Kneebone (Eds.) Refugees, Joseph, Jeff Waincymer, David Kinley Freckelton and Hugh Selby (Eds.) Asylum Seekers and the Rule of Law: (Eds.) The World Trade Organisation Appealing to the Future: Michael Kirby Comparative Perspectives. Cambridge and Human Rights: Interdisciplinary and His Legacy. Thomson Reuters, University Press, Cambridge UK, (2009), Perspectives. Edward Elgar Publishing Pyrmont, NSW, Australia, (2009), 579-606 228-280 Ltd, Cheltenham UK, (2009), 313-343

Annual Report 47 15 Publications 2009

Pryles, M & Waincymer, J, M. ‘Multiple Witzleb, N. ‘15.5 Declarations’, in Michael Bowman, D M & Ludlow, K A. ‘Filling the claims in arbitration between the same Kirby (Eds.) The Laws of Australia. information void: Using public registries parties’, in Albert Jan van den Berg (Eds.) Thomson Reuters, Pyrmont, NSW, as a tool in nanotechnologies regulation’ International Council for Commercial Australia, (2009), 101-221 (2009) 6(1) Journal of bioethical inquiry Arbitration Congress Series No. 14, 50 25-36 Years of the New York Convention, ICCA Book Chapters (Other) Bowman, D M & Hodge, G. ‘Counting on International Arbitration Conference. codes: an examination of transnational Kluwer Law International, The Alexander, R. ‘Family Violence’, in Carmen codes as a regulatory governance Netherlands, (2009), 437-499 Harbour (Eds.) The Law Handbook 2010, 4th Ed. Fitzroy Legal Service, Fitzroy Vic mechanism for nanotechnologies’ (2009) Waincymer, J, M. ‘Balancing property Australia, (2009), 246-254 3 Regulation & Governance 145-164 rights and human rights in expropriation’, Bruckard, D & McSherry, B M. ‘Mental in Pierre-Marie Dupuy, Francesco Alexander, R. ‘Family Violence’, in health laws for those “compliant” with Francioni and Ernst-Ulrich Petersmann Susan Cambpell (Eds.) Springvale Legal treatment’ (2009) 17(1) Journal of law and (Eds.) Human Rights in International Service’s Lawyer’s Practice Manual medicine 16-21 Investment Law and Arbitration. Oxford Victoria. Thomson-Reuters, Australia, University Press, United Kingdom, (2009), (2009), 1-70 Campbell, E M., ‘The quit rent system in 275-309 Freckelton, I, R. ‘Complaints against the colonial New South Wales’ (2009) 35(1) Monash University Law Review 32-44 Waincymer, J, M. ‘Settlement of disputes Victorian Police’, in Carmen Harbour under free trade agreements’, in Sisira (Eds.) The Law Handbook 2010. Fitzroy Campbell, C D. ‘Monopoly power as Jayasuriya, Donald Mclean and Gary Legal Service, Fitzroy, Vic, Australia, public power for the purposes of judicial Magee (Eds.) Negotiating a Preferential (2009) 889-895 review’ (2009) 125(July 2009) Law Trading Agreement: Issues, Constraints and Hodge, G & Bowman, D, M. Quarterly Review 491-521 Practical Options. Edward Elgar Publishing, ‘Nanotecnologia: la cartografia de las Cheltenham UK, (2009), 192- 218 Campbell, C D. ‘The nature of power as salvajes fronteras de reglamentacion’, public in English judicial review’ (2009) Waincymer, J, M. ‘The trade and in Jorge E Celebro Moreno (Eds.) 68(1) The Cambridge law journal 90-117 human rights debate: Introduction to Neuvas Fronteras de La Regulacion, an interdisciplinary analysis’, in Sarah Traformacion y diseno institucional, Jaun Christensen, S, O’Connor, P A, Joseph, David Kinley and Jeff Waincymer Pablos Editor, Universidad Autonoma Duncan, W D & Ashcroft, R. ‘Early land (Eds.) The World Trade Organization metropolitanaJuan, (2009), 219-252 grants and reservations: Any lessons and Human Rights: Interdisciplinary from the Queensland experience for Hodge, G. ‘Privatisation’, in Philip the sustainability challenge to land Perspectives. Edward Elgar, United Anthony O’Hara (Eds.) International Kingdom, (2009), 1-38 ownership?’ (2009) 15(2008) James Cook Encyclopedia of Public Policy. Global University Law Review 42-66 Webster, L, L, Smith, L, Mertova, P & Political Economic Research Unit, Perth Styles, K. ‘Research-Led Curriculum WA Australia, (2009), 545-560 Cousins, D C & Fels, A. ‘The reemergence of prices surveillance’ (2009) 15(1) Redesigned for Personalised Learning Hodge, G. ‘Accountability’, in Philip Environments: A Case Study in the University of New South Wales Law Anthony O’Hara (Eds.) International Journal 46-59 Faculty of Information Technology’, Encyclopedia of Public Policy. Global in J O’Donoghue (Eds.) Technology Political Economy Research Unit, Perth Cullen, M & McSherry, B M. ‘Without sex: Supported Environment for Personalised WA Australia, (2009), 1-17 Slavery, trafficking in persons and the Learning: Methods and Case Studies. exploitation of labour in Australia’ (2009) Idea Group Inc, Hershey, PA, USA, Journal Articles 34(1) Alternative Law Journal 4-10 (2009), 235-247 (Fully Refereed)* Davison, M J. ‘Parallel importing: Who’s Wilson, E. ‘Deconstructing the shadows’, using what when and what happens Ball, R. ‘Doing it quietly: The World Bank’s in Eric Wilson (Eds.) Government of the then?’ (2009) 20(2) Australian Intellectual engagement with human rights’ (2009) Shadows: Parapolitics and Criminal Property Journal 71-79 Sovereignty. Pluto Press, New York, USA, 34(2) Monash University Law Review (2009), 13-55 331-369 Emerton, P C & Handfield, T. ‘Order and affray: Defensive privileges in warfare’ Barkehall Thomas, S J. ‘Thieves as trustees: Wilson, E. ‘The VOC, Corporate (2009) 37(4) Philosophy & Public Affairs The enduring legacy of Black v S Freedman Sovereignty and the Republican Sub-Text 382-414 of De iure praedae’, in Hans W. Blom & Co Ltd’ (2009) 3(1) Journal of Equity 52-71 Freckelton, I R. ‘Compensation (Eds.) Property, Piracy and Punishment: Barkehall Thomas, S J., 2009, applications require a watching brief’ Hugo Grotius on War and Booty in De ‘Proprietary responses to voidable (2009) 83(10) Law Institute Journal 40-43 iure praedae. Brill, The Netherlands (2009) contracts: A misconceived analysis’ Witzleb, N. ‘15.3 Contribution, (2009) 25(3) Journal of Contract Law Freckelton, I R & List, D. ‘Asperger’s Subrogation and Marshalling’, in Michael 272-290 disorder, criminal responsibility and criminal culpability’ (2009) 16(1) Kirby (Eds.) The Laws of Australia. Boas, G J. ‘Trying tyrants for mass Psychiatry, Psychology and Law 16-40 Thomson Reuters, Pyrmont, NSW, atrocity’ (2009) 34(2) Alternative Law Australia, (2009), 101-441 Journal 107-110

48 Faculty of Law Freckelton, I R. ‘Regulation of health Groves, M N. ‘The differing and Middleton, S L & Buist, M. ‘Sperm practitioners by trade practices and fair disappearing standards of judicial review removal and dead or dying patients: A trading legislation’ (2009) 16(1) Journal of in Canada’ (2009) 16(4) Australian Journal dilemma for emergency departments and law and medicine 574-579 of Administrative Law 211-230 intensive care units’ (2009) 190(5) Medical Journal Of Australia 244-246 Freckelton, I R. ‘Food law: Challenges Harder, S. ‘The exculpation of repudiating and future directions’ (2009)14 (2) Deakin parties by a right to terminate the Monotti, A L. ‘The Australian experimental Law Review, 219-232 contract’ (2009) 2009(7) Journal of use exemption: A current overview’ Business Law 679-696 (2009) 12(5) Journal of World Intellectual Freckelton, I R. ‘Opening a new page’ Property 422-445 (2009) 83(6) Law Institute Journal 29-33 Harder, S. ‘Medical non-disclosure and hypothetical consent’ (2009) 20(3) King’s Murray, S L. ‘Keeping it in the Freiberg, A & Moore, V. ‘Disbelieving Law Journal 435-455 neighbourhood? Neighbourhood courts suspense: Suspended sentences of in the Australian context’ (2009) 35(1) imprisonment and public confidence in Hodge, G & Greve, C. ‘PPPs: The Monash University Law Review 74-95 the justice system’ (2009) 42(1) Australian passage of time permits a sober and New Zealand Journal of Criminology reflection’ (2009) 29(1) Economic Affairs Naylor, B G & Saunders, B J. ‘Whose 101-122 33-39 rights? Children, parents and discipline’ (2009) 34(2) Alternative Law Journal Gay, R & Duns, J C. ‘Completing the Joseph, S L. ‘Human rights and the WTO: 80-85 pensions task: Infrastructure for nationally Issues for the Pacific’ (2009) 40(1) Victoria coordinated private schemes (2009) 13(1) University of Wellington Law Review 351- Nagtzaam, G J. ‘The International Whaling Journal of Economic and Social Policy 367 Commission and the elusive great white 1-8 whale of preservationism’ (2009) 33(2) Kells, S & Hodge, G. ‘Performance William and Mary Environmental Law and Gerber, P. ‘Making indigenous Australians auditing in the public sector: Policy Review 375-447 disappear: Problems arising from our Reconceptualising the task’, (2009) birth registration systems’ (2009) 34(3) 15(2) Journal of Contemporary Issues in O’Connor, P A. ‘Immediate indefeasibility Alternative Law Journal 157-162 Business and Government 33-60 for mortgagees: A moral hazard?’ (2009) 21(2) Bond Law Review 133-158 Gerber, P. ‘Making visible the problem Kyriakakis, J. ‘Corporate criminal liability of invisibility’ (2009) 83(10) Law Institute and the ICC Statute: The comparative O’Connor, P A. ‘Deferred and immediate Journal 52-55 challenge’ (2009) 56(3) Netherlands indefeasibility: Bijural ambiguity in International Law Review 333-366 registered land systems’ (2009) 13(2) Gerber, P. ‘How to stop engineers Edinburgh Law Review: an international from becoming bush lawyers: The art Lansdell, G T. ‘Have we ‘pushed the boat forum for the discussion of law 194-223 of teaching law to engineering and out too far’ in providing online practical construction students’ (2009) 1(4) Journal legal training? A guide to best practices Paterson, M R. ‘Surveillance in public of Legal Affairs and Dispute Resolution in for future programs’ (2009) 19(1) Legal places and the role of the media: Engineering and Construction 179-188 Education Review 149-169 Achieving an optimal balance’ (2009) 14(3) Media and Arts Law Review 241- Giblin, R K. ‘The uncertainties, baby: Ludlow, K A. ‘The readiness of 254 Hidden perils of Australia’s authorisation Australian food regulation for the use law’ (2009) 20(3) Australian Intellectual of nanotechnology in food and food Paterson, J M. ‘Implied fetters on the Property Journal 148-177 packaging’ (2009) 26(2) University of exercise of discretionary contractual Tasmania Law Review 177-203 powers’, Monash University Law Review Goldsworthy, J D. ‘Constitutional (2009) 35(1) 45-73 interpretation: Originalism’ (2009) 4 (4) Ludlow, K A, Bowman, D M & Kirk, D Philosophy Compass 682-702 D. ‘Hitting the mark or falling short with Pittard, M J. ‘The contract of employment nanotechnology regulation?’ (2009) 27(11) and inventions: legal principles for fleshing Goldsworthy, J D. ‘Justice Windeyer on Trends in Biotechnology 615-620 out duties by implying terms’, (2009) 15(8) the engineers case’ (2009) 37(3) Federal Employment Law Bulletin 124-128 Law Review 363-374 Mackay, S. ‘Food advertising and obesity in Australia: To what extent can Powles, G, ‘Accommodation monarchy Groves, M N. ‘As the Court Wills’ (2009) self-regulation protect the interests of and representative government: Tonga’s 83(10) Law Institute Journal 36-39 children?’ (2009) 35(1) Monash University political reform process’ (2009) 24 (3) Groves, M N. ‘The rule against bias’ Law Review 118-146 Pacific Economic Bulletin 140-147 (2009) 39(2) Hong Kong Law Journal McLeod, G & +McLeod, A. ‘The Rangarajan, S & McSherry, B M. ‘To 485-514 importance and nature of the presumption detain or not to detain: a question of Gray, S & Royan, N. ‘The blogger prince in favour of private property’ (2009) 15(2) public duty?’ (2009) 16(2) Psychiatry, and the cultured Mongolian: Sedition Local Government Law Journal 97-106 Psychology and Law 288-302 prosecutions in the modern Malaysian McSherry, B M. ‘Hospital orders for Rodrick, S P. ‘Accessing state’ (2009) 14(4) Media and Arts Law offenders with mental illnesses: An telecommunications data for national Review 455-473 appropriate diversionary option?’ (2009) security and law enforcement purposes’ 16(4) Journal of law and medicine 568- 573 (2009) 37(3) Federal Law Review 375-415

Annual Report 49 15 Publications 2009

Sifris, A R & Gerber, P. ‘Jack & Jill or Jack Villaroman, N. ‘The loss of sovereignty: Journal Articles – & Bill: The case for same-sex adoption’ How international debt relief mechanisms (2009) 34(3) Alternative Law Journal 168- undermine economic self-determination’ other – refereed 172 (2009) 2(4) Journal of Politics and Law Davison, M J. ‘Australia: Facebook for 3-16 Sifris, A R & +Sifris, R. ‘Two by two – serving legal documents’ (2009) 10(1) Victoria’s relationships register’ (2009) Villaroman, N. ‘To kill or not to kill: The Computer Law Review International 30-31 83(1/2) Law Institute Journal 50-53 legality of targeting a country’s leader Davison, M J. ‘Australia: Copyright under the law of armed conflict’ (2009) Sifris, A R., ‘The legal recognition of protection for databases’ (2009) 10(3) 34(1) The IBP Journal: Integrated Bar of lesbian-led families: justifications for Computer Law Review International 93-95 the Philippines 101-113 change’ (2009) 21(2) Child and Family Law Quarterly 197-229 Waincymer, J M. ‘Sovereign risk and Journal Articles – investment protection’ (2009) 28(2) Spagnolo, L. ‘The Last outpost: non – refereed Australian Resources and Energy Law Automatic CISG opt outs, misapplications Journal 226-257 Barkoczy, S L & Edmundson, P. and the costs of ignoring the Vienna sales ‘Australasian and South East Asian convention for Australian lawyers’, (2009) Waincymer, J M. ‘International commercial venture capital tax expenditure programs’ 10(1) Melbourne Journal of International arbitration and the application of (2009) 37(1) International Tax Review Law 141-216 mandatory rules of law’ (2009) 5(1) Asian Intertax 56-73 International Arbitration Journal 1-45 Spagnolo, L. ‘A Glimpse through the Bartlett, G & Pittard, M J. ‘Genuinely kaleidoscope: Choices of law and the Webster, L L & Mertova, P. ‘The Academic trying to reach agreement: The CISG (Kaleidoscope Part I)’ (2009) 13(1) voice in English and Czech higher relationship with good faith bargaining’ The Vindobona Journal of International education quality’ (2009) 17(2) Quality (2009) 15(7) Employment Law Bulletin Commercial Law and Arbitration 135-156 Assurance in Education 140-155 106 Spagnolo, L. ‘Rats in the kaleidoscope: Weller, P J. ‘Human rights and social Boas, G J. ‘Moving from Milosovic’ Rationality, irrationality and the economics justice: The Convention on the Rights of (2009) 75 The European Lawyer 54-56 & psychology of opting in and out of the Persons with Disabilities and the quiet Alexander, R. ‘Behind closed doors: CISG (Kaleidoscope part II)’ (2009) 13(1) revolution in international law’ (2009) 4 Family violence cases under the Family The Vindobona Journal of International Public Space: the Journal of Law and Law Act outlined and analysed’ (2009) Commercial Law and Arbitration 157-178 Social Justice 74-91 20(4) Australian Family Lawyer 1-12 Stephensen, M, Morse, B, Robertson, L & Wilson, E. ‘The republic of heterology: Catanzariti, J & Pittard, M J. ‘Changing Castan, M. ‘International and comparative De Indis of Hugo Grotius, deconstruction terrain: developments in good faith indigenous rights via videoconferencing’ and the political ontology of the Dutch bargaining under the Fair Work Act’ (2009) 19(2) Legal Education Review Stat’ (2009) 3 Journal of the Philosophy of (2009) 15(7) Employment Law Bulletin 238-255 International Law 57-76 104-105 Taylor, G. ‘Germany: A slow death for Witzleb, N. ‘Justifying gain-based Pittard, M J. ‘Legislations to refer subsidiarity?’ (2009) 7(1) International remedies for invasions of privacy’ (2009) employers and employees in state Journal of Constitutional Law 139-154 29(2) Oxford Journal of Legal Studies systems to federal fair work system’ 325-363 (2009) 15(6) Employment Law Bulletin Taylor, G. ‘Parallel statutes: Another look 89-90 at the origins of Australia’s not-for-profit Witzleb, N & Carroll, R. ‘The role of associations legislation’ (2009) 30(1) vindication in tort damages’ (2009) 17(1) Smith, G & Pittard, M J. ‘Modernised Adelaide Law Review 57-83 Tort Law Review 16-44 awards and operational dates’ (2009) 15(7) Employment Law Bulletin 109-110 Taylor, G. ‘Torrens’ Contemporaneous Witzleb, N. ‘Giller v Procopets: Australia’s Antipodean Simulacrum’ (2009) 49(4) privacy protection shows signs of Van Calster, G & Bowman, D M. American Journal of Legal History 392- improvement’ (2009) 17(2) Torts Law ‘Regulatory design for new technologies: 437 Journal 121-129 Spaghetti junction or Bauhaus principles for regulating innovative cosmetic Taylor, G. ‘Ulrich Hubbe’s doctoral thesis Witzleb, N. ‘Engaging with the world: products’ (2009) 25 (94) Notizie di Politeia – A note on the major work of an unusual Students of comparative law write 75-93 figure in Australian legal history’ (2009) for Wikipedia’ (2009) 19(1&2) Legal 13(1) Legal History 123-155 Education Review 83-97 Taylor, G. ‘The Torrens System in Nova Witzleb, N & Skead, N. ‘A bottom-up Scotia and New Brunswick’, (2009) 16(3) approach to developing LLB course Australian Property Law Journal pp175- outcomes and an integrated curriculum’ 199 The Law Teacher (2009) 43(1) 62-81 Zukerman, W. ‘Genetic discrimination in the workplace: Towards legal certainty in uncertain times’ (2009) 16(5) Journal of law and medicine 770-788

50 Faculty of Law Journal Articles – Freckelton, I R. ‘Bioethics, biopolitics and Conference Publications medical regulation: learning from the Nazi letter or note doctor experience’ (2009) 16(4) Journal of (fully refereed)* Bowman, D M. ‘Response’ (2009) 6 law and medicine 555-567 Cantley-Smith, R. ‘Regulatory uncertainty Journal of bioethical inquiry 141-143 Freckelton, I R. ‘Conceiving life: in the NEM: Sustainable decision making Witzleb, N. ‘Federal Government Acts’ Reproductive politics and the law in and climate change law’, in Rowena (2009) 34 Alternative Law Journal 280 contemporary Italy’ (2009) 16(5) Journal Cantley Smith and Diana Bowman (Eds.), Green Power: An Environmental Audit of Davison, M J & Di Giantomasso, F. ‘Use of law and medicine 905-906 the NEM, Green Power: An Environmental as a trade mark: Avoiding confusion Freckelton, I R. ‘Safeguarding Audit of the NEM, 9th May 2008, Monash when considering dilution’ (2009) 31(9) thevulnerable in custody’ (2009) 17(2) Centre for Regulatory Studies and European Intellectual Property Review Journal of law and medicine 157-164 Consumer Utilities Advocacy Centre, 443-447 Research Publications, Melbourne Victoria Freckelton, I R. ‘Disputed family claims to Australia, (2009) pp 53-82 Duns, J C. ‘The International freight cartel bury or cremate the dead’, Journal of law cases and Australian markets’ (2009) and medicine (2009) 17 (2) 178-183 Cantley-Smith, R. ‘Greening the NEM: 17(4) Trade Practices Law Journal 272- Environmental managing demand and 275 Freckelton, I R. ‘Speaking for the dead: improved energy efficiency’, in Rowena The human body in biology and medicine’ Cantley-Smith and Diana Bowman(Eds.), Emerton, P C. ‘Comment on law and (2009) 17(2) Journal of law and medicine Green Power: An Environmental Audit of irresponsibility’ (2009) 34 Australian 297-298 Journal of Legal Philosophy 234-240 the NEM, Green Power: An Environmental Freckelton, I R. ‘The secret scripture’ Audit of the NEM, 9th May 2008, Freckelton, I R. ‘Medical murder: (2009) 17(1) Journal of law and medicine Monash Centre for Regulatory Studies Disturbing cases of doctors who kill’ 147-148 and Consumer utilities Advocacy Centre, (2009) 17(3) Journal of law and medicine Research Publications, Melbourne Victoria Hyams, R L. ‘Book review: Nadine Behan, 462-464 Australia, (2009) pp119-140 How to Run Your Own Court Case: A Freckelton, I R. ‘Vexatious litigant law Practical Guide to Representing Yourself Cantley-Smith, R. ‘Green supply: The reform’ (2009) 17 Journal of law and in Australian Courts and Tribunals’ (2009) renewable energy market’, in Rowena medicine 147-148 35(1) Monash University Law Review Cantley-Smith and Diana Bowman(Eds.), Freckelton, I R. ‘Competence in the law: 187-189 Green Power: An Environmental Audit of the NEM, Green Power: An Environmental from legal theory to clinical approach’ Taylor, G. ‘Book Review: Peter Boyce, Audit of the NEM, 9th May 2008, Monash (2009) 16 (1) Psychiatry, Psychology and The Queen’s Other Realms’ (2009) 83(10) Centre for Regulatory Studies and Law 152-154 Law Institute Journal 73 Consumer Utilities Advocacy Centre, Freckelton, I R. ‘Interrogations, Taylor, G. ‘Book review: Australian Research Publications, Melbourne Victoria forced feedings and the role of health Federalism through German eyes’ (2009) Australia, (2009) pp141-160 professionals’ (2009) 16(3) Psychiatry, 11(1&2) Constitutional Law & Policy Cantley-Smith, R. ‘How green is the Psychology and Law 473-475 Review 119-122 NEM? The environment and the national Freckelton, I R. ‘Voluntary madness: Taylor, G. ‘Book Review: Nicholas Aroney, electricity market’, in Rowena Cantley- My year lost and found in the loony bin’ Scott Prasser and John Nethercote (eds), Smith and Diana Bowman(Eds.), Green (2009) 16 (3) Psychiatry, Psychology and Restraining Elective Dictatorship: The Power: An Environmental Audit of the Law 329-332 Upper House Solution?’, (2009) 35(2) NEM, Green Power: An Environmental Freckelton, I R. ‘Forensic issues in mental Monash University Law Review 446-448 Audit of the NEM, 5th May 2008, Monash Centre for Regulatory Studies and health displayed in art’ (2009) 16 (1) Witzleb, N. ‘Surveillance in public places’ Psychiatry, Psychology and Law 1-6 Consumer Utilities Advocacy Centre, (2009) 34 Alternative Law Journal 135 Research Publications, Melbourne Victoria Freckelton, I R. ‘The curious incident of Australia, (2009) pp21-36 the dog in the night-time’ (2009) 16(1) Minor Reviews Psychiatry, Psychology and Law, 163-164 Cantley-Smith, R. ‘Energy and the Hodge, G. ‘Privatisation’ (2009) The environment: International and Australian Freckelton, I R. ‘Doctor-patient privilege’ Oxford Companion to Australian Politics, perspectives’, in Rowena Cantley-Smith (2009) 17(3) Journal of law and medicine Oxford University Press, Melbourne and Diana Bowman(Eds.), Green Power: 309-313 Victoria, pp465-467 An Environmental Audit of the NEM, Freckelton, I R. ‘Health law’s Wheelwright, K L. ‘Mcallum’s top Green Power: An Environmental Audit of kaleidoscope: health law rights in a global workplace relations cases’ (2009) 35(1) the NEM, 5th May 2008, Monash Centre age’ (2009) 16(4) Journal of law and Monash University Law Review 183-186 for Regulatory Studies and Consumer medicine 708-710 Utilities Advocacy Centre, Research Wheelwright, K L. ‘Macken’s Law of Publications, Melbourne Victoria Australia, Employment’ (2009) 83(8) Law Institute (2009) pp9-18 Journal 68-69

Annual Report 51 Conference Publications Expert Commentary Reports and Submissions (other) and public Debeljak, J, F. ‘Submission to the national Campling, L, Mfodwo K & Barnes, C. presentations human rights consultation’, incorporated Increasing the Benefits from Fisheries and as part of a Government submission, Associated Sectors in the Seychelles. England, L, M. & Lester, A. ‘2009 Published by Castan Centre for Human Report commissioned by the Seychelles Transition Initiatives in the Monash Law Rights, Monash University, 15th June Fishing Authority. Government of School Curriculum’, The 2009 Monash 2009 Seychelles, Campling and Associates, Transition Retention and Progression London UK (2009) Forum, 9-10 December 2009, Monash Debeljak, J, F, Kneebone, S, Y, +Cullen, University, Clayton Campus M & Ransom, M, A. Submitted a Mfodwo K. A New Approach to Maximize background paper for workshop, Economic Benefits from Tuna Resources England, L, M. & Beaconsfield, M. Published by Castan Centre for Human – Development of the Concept. A ‘Peermentorientation at Monash Law Rights, Monash University, 1-39, 9th Report to the Forum Fisheries Agency: School’, The 2009 Monash Transition September 2009 titled ‘The legislative Secretariat of the Pacific Community Retention and Progression Forum, 9-10 framework for combating trafficking in (SPC) Coastal Fisheries Programme, December 2009, Monash University, persons’ Noumea, New Caledonia (2009) Clayton Campus Freckelton, I, R & Selby, H. Expert England, L, M. ‘Recruitment Anthropology commentary in (2009) 16 Psychiatry, Other – The 3 Golden Keys of Hiring, Accessing Psychology and Law 1-12, 1st January Campbell, S, L, Evans, A, H, Hyams, the Hidden Job Market and Comparisons 2009 titled ‘Compensability for suicide: R, L, *Dickson, J, *Noone, M, Yandell, with the ‘Wantok’ Culture of P.N.G.’, A Causation dilemma’ H, Welch, B, J, & Campbell, M, F. 2009 Monash Employability Symposium, ‘Lawyers Practice Manual (Victoria)’, in 28 September 2009, Monash University, Freckelton, I, R. Expert commentary, Update 118-121 of Loosleaf service for Clayton Campus in (2009) 16(2) Psychiatry, Psychology and Law 191-195, titled ‘Mandatory section 2.2 Child support and spouse James, K, A. ‘Antagonism and procedures and fairness in mental maintenance applications; and section acceptances: Case studies of impairment hearings’ 2.5 Property application under the Family consumption tax’, in Reform in Australia, Law Act, Thomson Reuters/Law Book Canada and the US, Public perceptions, Freckelton, I, R. Expert commentary in Co, Rozelle NSW, (2009) 7th July 2009, Institute of Chartered (2009) 16(2) Psychiatry, Psychology and McSherry, B, M, Weller, P, J & Kaempf, Accountants, Canberra ACT Australia, Law 165-174, titled ‘Sentencing offenders A. ‘Submission to the Community Canberra Australia (2009) with Munchausen syndrome by proxy’ Consultation Panel on the Review James, K, A. ‘The politics of tax reform: McSherry, B, M. Interview in The Age, for of the Mental Health Act 1986 (Vic)’, A comparative analysis of the adoption an article appearing 16th May 2009, ‘A in Submission to the Community of value added taxes in Australia, grandmother who gave comfort as Angie Consultation Panel on the Review of the Canada and the United States’, in Assaf took her life’ Mental Health Act 1986 (Vic) (No.90), Likhovsky, Tsilly Dagan, Yoram Margalioth (2009), Department of Health, State Witzleb, N., Interview on SBS Radio – and Rick Krever(Eds.), Comparative Tax Government of Victoria, pp1-23 German SBS 4, Broadcasted, 46.33, Law and Culture, 8th June 2009, Faculty Special Broadcasting Services, Australia O’Sullivan, M, J & Kaempf, A. of Business and Economics, Monash on the14th August 2009 in a story titled ‘Submission to the Commonwealth University Prato Italy (2009) ‘EU erklart’ Parliament Inquiry into Migration and Disability’, in Submission to the Commonwealth Parliament Inquiry into Migration and Disability, (2009), Parliament of Australia, pp1-43

52 Faculty of Law Appendix I (Level A – C) (Level B – C) Promotions Ctee Promotions Ctee Promotions Director Director Judd Epstein/ Dr Heli Askola International Convenor Prato Associate Professor Associate Professor Dr Jonothan Clough Selection Ctee ASPRO Prom & ASPRO Prom Professors Group Professors Dr Brian Naylor Director Equity Director Equity and Diversity Ctee Meetings Professional Professional Academic Staff Academic Staff Promotions Ctee Promotions Barkloczy Director Director Teaching Professor Stephen Professor Education Committee Group Section Section Meeting Committee General Staff General Staff Classification Selection and Managers and and Managers all General staff General all Faculty Manager Faculty Mr Gerard Shanahan Gerard Mr Space Allocation Section Managers DEAN OF LAW Professor Professor Professor Arie Freiberg Professor Professor Professor Research Research Dr D Lindsay (Research) Committee Bryan Horrigan Faculty of Law 2009 Convenor HDR Associate Dean M Pittard/ Academic Governance Positions (JD) Professor Professor M Pittard/ Sub-Ctee J Duns and (PG Division) (PG Studies Ctee (PG Stuidies) Ms Oyiela Litaba Postgraduate Convenor LLM Convenor LLM Advisory Panels Student Matters Associate Dean Professor J Malbon Professor Associate Professor Associate Professor Professor A Monotti Professor Board of Examiners Examiners of Board Executive Committee Faculty Board Faculty Board A Evans Practice Honours Convenor Convenor Law School (UG Division) (UG Liaison Ctee Studies Ctee Pam O’Connor Mooting Adv (UG Stuidies) Ctee of UGSC Undergraduate & Dispute Res. Associate Dean Admissions Sub- Convenor Legal Professor J Malbon Professor Associate Professor Associate Professor Associate Professor Dr Normann Witzleb Board of Examiners Examiners of Board Centres/ Committee Centre Diretors Centre Master Planning HP Lee Professor Professor Academic Supervisor Deputy Dean OSP Committee

Annual Report 53 Appendix II

Prize Winners 2009

Prize Won Supporter First Name Surname County Court of Victoria Prize for Comparative Criminal Law County Court of Victoria Kezia Adams Monash Law School Prize for Consumer Law Monash Law School Rifaa Al-Harthy Sir Charles Lowe Prize for the Best Senior Advocate Sir Charles Lowe Trust Karen Allardice Clayton Utz Prize for Torts A Clayton Utz Andrew Asten Arnold Bloch Leibler Prize for Taxation Law Arnold Bloch Leibler Bradley Barr Sir Owen Dixon Prize for International Law Supported by the International Commission of International Commission of Jurists William Bartley Jurists – Victoria (Victoria) Sir Owen Dixon Prize for International Law Supported by the International Commission of International Commission of Jurists Sally-Ann Bast Jurists – Victoria (Victoria) Arnold Bloch Leibler Prize for Insolvency Arnold Bloch Leibler Jacqueline Bastiani Monash Law School Prize for the Best Junior Advocate Monash Law School Michael Beaconsfield Australian Advocacy Institute Prize for the Vis Arbitration Moot Australian Advocacy Institute Keren Benjamin Kumar Amarasekara Prize for Criminal Law Supported by the Kumar Amarasekara Kumar Amarasekara Bequest Jason Bernard Bequest County Court of Victoria Prize for Negotiation and Mediation Law County Court of Victoria Aviva Berzon Supreme Court Prize for Best Honours Student Supreme Court of Victoria Natalia Blecher Supreme Court Exhibition Prize for Best Honours Thesis Supreme Court of Victoria Natalia Blecher LexisNexis Prize for Administrative Law LexisNexis Natalia Blecher Monash Law School Prize for Conflict of Laws Monash Law School Merav Bloch Allens Arthur Robinson Prize for Corporate Governance and Shareholders Remedies Allens Arthur Robinson James Cork Monash Law School Prize for International Law of the Sea I: Marine Resources and Monash Law School Malcolm Crang Management Thomson Reuters Legal and Tax Australia Prize for Introduction to Legal Reasoning Thomson Reuters Legal and Tax Australia Elouise Davis Monash Law School Prize for Research Unit A & B Monash Law School Joshua Dellios Herbert Geer Prize for International and Comparative Trademark Law Herbert Geer Hilary Duffy Monash Law School Prize for Capital Markets Regulation: A Comparative Perspective Monash Law School Hilary Duffy Enid Campbell Prize for Constitutional Law Supported by the Victorian Government Solicitor Victorian Government Solictor Matthew Eglezos Monash Law School Prize for Restitution Monash Law School Daniel Patrick Elliott Lee Monash Law School Prize for Research Unit A & B Monash Law School Hugh Evans Department of Justice Prize for Administration of Criminal Justice Department of Justice Zehra Fikret Australian Finance Conference Prize for the Law of Financial Transactions Australian Finance Conference Jennifer Findlay Alec Masel Prize for Civil Procedure Supported by DLA Phillips Fox DLA Phillips Fox Jennifer Findlay Australian Advocacy Institute Prize for the Vis Arbitration Moot Australian Advocacy Institute Jennifer Findlay Monash Law School Prize for Research Unit A & B Monash Law School David Fixler Blake Dawson Prize for Contract B Blake Dawson Jenna Friedman Monash Law School Prize for Construction Law Monash Law School Anne Garner Monash Law School Prize for Professional Practice Monash Law School Anne Garner Monash Law School Prize for International Criminal Law Monash Law School Jedidiah Gilbert Monash Law School Prize for International Criminology Monash Law School Sarah Griffin Arnold Bloch Leibler Prize for Insolvency Arnold Bloch Leibler Timothy Guy Deacons Prize for International Environmental Law Deacons Tom Haines Monash Law School Prize for Asian Legal Systems Monash Law School Ryan Hamilton

54 Faculty of Law Prize Won Supporter First Name Surname Blake Dawson Prize for Law and Discrimination Blake Dawson Sophie Herreen Holding Redlich Prize for Law, Gender and Feminism Holding Redlich Sophie Herreen County Court of Victoria Prize for Current Problems in County Court of Victoria Rachel Hatton Criminal Law Thomson Reuters Legal and Tax Australia Prize for Torts B Thomson Reuters Legal and Tax Australia Sarah Holloway Freehills Prize for Equity Freehills Christopher Holmes Monahan + Rowell Prize for Skills, Ethics and Research B Monahan + Rowell Michael Howard Commonwealth Director of Public Prosecutions Prize for Federal Criminal Law (1st Prize) Commonwealth Director of Public Allison Jones Prosecutions Monash Law School Prize for the Jessup Moot Seminar Monash Law School Yasmine Khan National Australia Bank Prize for International Banking Law National Australia Bank Philip Klejn Department of Justice Prize for Non-adversarial Justice Department of Justice George Kosmas Mallesons Stephen Jaques Prize for Legal Philosophy Mallesons Stephen Jaques George Kosmas Monash Law School Prize for the Jessup Moot Seminar Monash Law School George Kosmas Monash Law School Students’ Publication Prize (1st Prize) Monash Law School Joanna Kyriakakis Monash Law School Prize for International Organisations Monash Law School Christopher Lane Peter Twining Prize for the Best Honours Thesis in Common Law Supported by DLA DLA Phillips Fox Catherine Langley Phillips Fox County Court of Victoria Prize for Current Problems in Criminal Law County Court of Victoria Yardena Lankri Hall & Wilcox Prize for Lawyers, Ethics and Society Hall & Wilcox Danny Li Thomson Reuters Legal and Tax Australia Prize for Media Law 1 Thomson Reuters Legal and Tax Australia Jaclyn Lontos Corrs Chambers Westgarth Prize for Law of Employment Corrs Chambers Westgarth Timothy Ma Carol Keating Prize for Criminal Law and Procedure Supported by the Office of Public Office of Public Prosecutions Parag Manihar Prosecutions Australian Advocacy Institute Prize for the Vis Arbitration Moot Australian Advocacy Institute David Markham Commonwealth Director of Public Prosecutions Prize for Federal Criminal Law (2nd Prize) Commonwealth Director of Public Elisha Marriott Prosecutions Lawrie McCredie Prize for Wills, Probate and Administration Supported by Monash Law Monash Law School Jerome Martin School Thomson Reuters Legal and Tax Australia Prize for Contemporary Workplace Relations Law Thomson Reuters Legal and Tax Australia Penelope Mason Monash Law School Prize for Capital Markets Regulation: A Comparative Perspective Monash Law School Timothy McDonald Holding Redlich Prize for International Human Rights Holding Redlich Angus McLeod Monash Law School Prize for Modern European Civil Codes: Comparative Tort Monash Law School Annika Memery Davies Collison Cave Prize for Biotechnology and the Law Davies Collison Cave Dilini Mendis

Monash Law School Prize for Cyberlaw Monash Law School Matthew Merry Monash Law School Prize for Comparative European Legal Systems Monash Law School Rebecca Milton Arnold Bloch Leibler Prize for Indigenous Peoples and the Law Arnold Bloch Leibler Pamela Mitropoulos

Transport Accident Commission Prize for Advanced Professional Practice Transport Accident Commission Sharynn Moors Maurice Blackburn Prize for Law Reform and Community Development Maurice Blackburn Lawyers Sharynn Moors County Court of Victoria Prize for Comparative Criminal Law County Court of Victoria Anna Morris Mallesons Stephen Jaques Prize for Current Problems in Constitutional Law Mallesons Stephen Jaques Juan Munoz LexisNexis Prize for Restrictive Trade Practices LexisNexis Sherenthi Narayanasamy

Annual Report 55 Appendix II

Prize Won Supporter First Name Surname Australian Advocacy Institute Prize for the Vis Arbitration Moot Australian Advocacy Institute Sherenthi Narayanasamy Brian Benjamin Prize for Trusts Supported by DLA Phillips Fox DLA Phillips Fox Alexandra Neal National Australia Bank Prize for Australian Commercial Law National Australia Bank David O’Loughlin Allens Arthur Robinson Prize for Corporations Law Allens Arthur Robinson David O’Loughlin Freehills Prize for Equity Freehills David O’Loughlin Hunt & Hunt Prize for Property B Hunt & Hunt David O’Loughlin Monash Law School Prize for Research Unit 412 Monash Law School Rogan O’Shannessy Monash Law School Prize for United States Foreign Relations Law Monash Law School Erin O’Sullivan Herbert Geer Prize for International and Comparative Trademark Law Herbert Geer Gabrielle Palmieri Corrs Chambers Westgarth Prize for Intellectual Property Law 1: Copyright, Designs and Corrs Chambers Westgarth Sarah Parkinson Confidential Information Hunt & Hunt Prize for Property A Hunt & Hunt Marianna Parry Blake Dawson Prize for Contract A Blake Dawson Milica Petronijevic Monash Law School Prize for Collective Labour Rights Monash Law School Brendan Richardson Jeffrey L Sher Prize for Trial Practice and Advocacy Supported by the Australian Advocacy Australian Advocacy Institute Nick Rimington Institute Alec Masel Prize for Civil Procedure Supported by DLA Phillips Fox DLA Phillips Fox Elizabeth Rivalland Dr Brian Donovan Memorial Prize for Citizenship and Migration Law supported by the Dr Dr Brian Donovan Memorial Trust Philippa Ross Brian Donovan Memorial Trust Victorian Institute of Forensic Medicine Prize for Elements of Forensic Medicine Victorian Institute of Forensic Medicine Joy Russell Jeffrey L Sher Prize for Trial Practice and Advocacy Supported by the Australian Advocacy Australian Advocacy Institute Jade Ryan Institute Monash Law School Prize for Research and Writing Monash Law School Brodie Same Monash Law School Students’ Publication Prize (Runner Up) Monash Law School Adam Sauer Monash Law School Prize for Introduction to Family Law Monash Law School Anna Schneider Monash Law School Prize for Family Property and Financial Disputes Monash Law School Anna Schwartz Louise Crockett Memorial Prize for Family Law (Parents, Children and the State) Supported Louise Crockett Memorial Fund Anna Schwartz by the Louise Crockett Memorial Fund Monash Law School Prize for Asian Legal Systems Monash Law School Andrew Sinclair Blake Dawson Prize for Comparative Antitrust Law Blake Dawson Alice Smith Monash Law School Prize for International Organisations Monash Law School Jessica Taft Monahan + Rowell Prize for Legal Issues in Medicine Monahan + Rowell Jayr Tejada Teng Monash Law School Prize for Secured Transactions in the Context of Law and Development Monash Law School Jane Tiller Monash Law School Prize for International Law of the Sea I: Marine Resources and Monash Law School Anna Tucker Management Monash Law School Prize for the Family Law Assistance Program – Professional Practice Monash Law School Christopher Twidale Australian Advocacy Institute Prize for the Vis Arbitration Moot Australian Advocacy Institute Sylvester Urban Monahan + Rowell Prize for Legal Issues in Medicine Monahan + Rowell Elyse Waller LexisNexis Prize for Evidence LexisNexis Margaret Walsh Clayton Utz Prize for International Commercial Arbitration Clayton Utz Katarzyna Wawrzykowska Davies Collison Cave Prize for Intellectual Property 2: Patents, Trade Marks and Unfair Davies Collison Cave Rachael Wong Competition Sir Owen Dixon Prize for International Law Supported by the International Commission of International Commission of Jurists Wendy Zukerman Jurists – Victoria (Victoria)

56 Faculty of Law Annual Report 57 Further Information

Faculty of Law Building 12 Wellington Road Monash University Australia Phone: +61 3 9905 3300 Email: [email protected]

Monash University Law Chambers (Current Location) 472 Bourke Street Melbourne Australia Phone: +61 3 9903 8500 (From April 2011 Onwards) 555 Lonsdale Street Melbourne VIC 3000 For more details about the relocation of Monash University Law Chambers to new premises, visit the dedicated website at www.law.monash.edu/mulcmove www.law.monash.edu

10P-491