Faculty of Law 2005 Research Report

Contents

Message from the Associate Dean (Research) 1 Funded Research 2 Grants Commencing in 2005 3 Selected Grants in Progress 6 Grants Completed in 2005 9 Centres and Institutes 16 Asia Pacifi c Centre for Military Law 17 Asian Law Centre 20 Centre for Employment and Labour Relations Law 23 Centre for Comparative Constitutional Studies 26 Centre for Corporate Law and Securities Regulation 28 Centre for the Study of Contemporary Islam 30 Institute for International Law and the Humanities 32 Intellectual Property Research Institute of Australia 34 The Tax Group 36 Centre for Media and Communications Law 38 Academic Research Profi les 39 Jeremy Gans 40 Loane Skene 42 Miranda Stewart 44 Published Research 46 Journals and Newsletters 57 Journal Affi liations 61 Faculty Research Workshop 68 International Research Visitors Scheme 72 Student Published Research Prize 73 Academic Staff 74 Research Higher Degrees Completed in 2005 84 Research Higher Degrees in Progress 85 Message from the Associate Dean (Research)

Faculty of Law 2005 Research Report 1 Message from the Associate Dean (Research)

It is a great pleasure to present the 2005 Research Report, topics discussed at the Faculty Research Workshop convened which provides an overview of the research activities in the by Associate Professor Andrew Kenyon during 2005. Faculty of Law during 2005. The Faculty’s Research Higher Degree (RHD) candidates In 2005 Faculty members began work on nine new research make an important contribution to the Faculty’s research projects funded by the Australian Research Council. Details endeavours. Sixteen of the Faculty’s RHD candidates of those projects are provided in this report, along with an successfully completed their theses in 2005, making it a update on two funded projects in progress and the outcomes particularly successful year for our RHD program. Both the of funded projects completed in 2005. The University grant candidates and their supervisors are to be congratulated on schemes and Faculty Small Grants Scheme provided valuable their success. Dr Carolyn Evans deserves particular thanks support for a number of smaller projects undertaken in the for the advice and guidance she has provided to the Faculty’s Faculty, which are also listed. Thanks are due to the Faculty’s RHD students through the Advanced Legal Theory and grant mentors, Associate Professor Andrew Kenyon and Ms Research Methodology Program. Helen Rhoades, for the very helpful guidance they provided to The Faculty of Law is very fortunate to have a capable, diligent grant applicants in 2005. and enthusiastic group of staff in its Offi ce for Research. We The activities of the Faculty’s research centres and institutes are very grateful to Ms Margherita Matera, Ms Lucy O’Brien, are described in the second section of the report. The Ms Angela Hendley-Boys, Ms Caitlin Raynor and Ms Lupe centres and institutes perform a number of very important Trigo-Rossier for the tremendous support they provided to the functions: fostering interaction between researchers, Faculty’s research activities during 2005. I would also like to providing opportunities for discussion between researchers pay tribute to my predecessor, Professor Belinda Fehlberg, and practitioners, facilitating public debate and supporting who was extremely effective in supporting and promoting collaborative research. The substantial contribution to research in the Faculty of Law during her term as Associate the Faculty’s research effort made by centre and institute Dean (Research), which concluded in mid-2005. directors, administrators and members is gratefully acknowledged. This report includes three academic research profi les in order to provide a more detailed picture of some of the Faculty’s academic staff and their work. This year the report profi les Andrew Robertson Dr Jeremy Gans, Professor Loane Skene and Ms Miranda Professor of Law Stewart. The report also sets out the papers presented and Associate Dean (Research)

Message from the Associate Dean (Research) Funded Research 3 Grants Commencing in 2005

Australian Research Council (ARC) Andrew Kenyon (2005–2007) Discovery Project Grants ‘The Future of Television: Australian Legal Protection of Digital Broadcast Content’ Paul Ali and Geof Stapledon (2005–2007) Funding: $250,000 ‘Corporate Governance and Institutional Free-to-air broadcasting performs central democratic, Investment in the Australian Financial Markets’ economic and cultural functions, with a key place in Funding: $130,000 Australia’s media. But technological changes pose fundamental and urgent challenges for broadcasters. By The fi nancial markets play a vital role in Australian economic investigating mechanisms to protect digital content, the life. The majority of the assets of Australian superannuation project will advance understanding of a crucial issue in the funds and managed investment funds are fi nancial products. digital economy. The project will increase understanding This project will provide a comprehensive account of the of options for protecting broadcast content to promote different types of complex fi nancial products available in innovation in content production and distribution, while not Australia and an assessment of the corporate governance restraining reasonable content uses nor hindering innovative practices at Australian companies and Australian consumer electronics. Australian policies should foster an institutional investors in relation to their use of complex innovative and diverse broadcasting sector to serve Australian fi nancial products. Through these outcomes, the project public interests. The project promotes this vital objective. will contribute to a broader understanding of the Australian fi nancial markets and the enhancement of corporate Tim Lindsey (2005–2007) governance practices in Australia. ‘Islamic Law in Contemporary Malaysia, Singapore Lee Godden and Maureen Tehan (2005–2007) and Brunei: The Anglo-Malay Madhhab’ ‘Managing Competing Claims to Land and Resources Funding: $170,000 – Does Property Law Promote Sustainability?’ Islam is a fundamentally legalistic religion: law and religion Funding: $180,000 are largely inseparable. In the last decade radical Islamic interpretations of sharî’ah (Islamic law) in SE Asia have A key factor in promoting environmental sustainability is the led to increasingly militant responses to modernity and resolution of competing claims to land and water resources in the secular state, that have come to threaten Australians. rural Australia. This project would examine the effectiveness Through a detailed examination of legal theory, current of property law as the major model for resolving confl icts and intellectual debates, legal institutions and substantive law regulating land and resources. Through overseas and Australian in Malaysia, Singapore and Brunei, the project offers a more comparative research the project would provide an analysis of complete understanding of Islam and law in the archipelago alternative legal and institutional models of relevance to land to Australia’s North. It will update current knowledge but will and resource management authorities, industry and community also build bridges with Muslim scholars and lawyers in the groups. It would support the resolution of competing claims region. through an examination of legal models, which may more effectively promote environmental sustainability.

Funded Research Grants Commencing in 2005

Loane Skene, Mary Anne Aitken and J McCulloch, R McQueen, S Pickering, Martin Delatycki (2005–2007) Joo-Cheong Tham and D Wright-Neville (2005–2007) ‘Communicating Genetic Information in Families: ‘Combating the Financing of Terrorism: Practical, Legal, Social and Ethical Issues’ Enhancing Security or Compromising Funding: $120,000 Civil Rights and Democracy?’ The outcomes of this study, will give evidence as to Funding: $122,595 whether or not people do pass on genetic risk information to Administering Institution: Monash University relatives, how they do it, what the barriers are, what their To enhance security without compromising civil rights and preferences are. It will also provide data so that mechanisms democracy is a key challenge facing government in Australia for best practice communication and clear guidelines for and internationally. Legislative and policy developments legal and health professionals can be developed. Effective related to combating the fi nancing of terrorism and the communication and exchange of genetic risk information will forefront of attempts to safeguard Australia from terrorism. benefi t individual health and the health of future generations. The research will bring new knowledge to these policy and legislative developments; stimulate debate, provide important Don Chalmers, Dianne Nicol, Margaret Otlowski and insights to government, law enforcement, and fi nancial Loane Skene (2005–2009) regulators; and give voice to communities, organisations, ‘Facilitation and Regulation of Research and and individuals directly affected. The project will assist in Development Involving Human Genetic Databanks’ ensuring that government measures meet the challenge of Funding: $602,597 being effective without unduly compromising civil rights or democracy. Administering Institution: University of Tasmania Australia’s medical biotechnology research feeds into our biotechnology industries, with fl ow-on benefi ts for national Australian Research Council (ARC) health and prosperity. Realisation of these benefi ts is Linkage Project Grants contingent upon community protection and public trust. An Helen Rhoades, Ann Sanson and effective and appropriate regulatory regime is a foundation Phillip Swain (2005–2007) requirement. This project aims to shape a national regulatory framework for human genetic facilitation and ‘Family Lawyers and Child-Focused Dispute regulation, assessing existing law reform proposals, making Resolution: Managing Inter-Professional recommendations for further reform, and placing this analysis Relationships in the Family Law System’ in ther international context, this project will signifi cantly Funding: $64,000 benefi t the nation and the research community. Partner Organisation: Attorney-General’s Department This multi-disciplinary project involving law, psychology, and social work, will shed light on the facilitators and inhibitors of effective collaboration between legal and social science professionals in the family law system. It will do this by exploring the knowledge base, attitudes, norms, and beliefs that underpin practice for both groups, as well as contextual factors affecting collaboration. The study is a response to government proposals to increase reliance on non-legal dispute management methods and mediation professionals to resolve post-separation parenting disputes. It aims to inform the design of better integrated professional services for separated parents in the family law system

Faculty of Law 2005 Research Report Grants Commencing in 2005

Marcia Langton, Maureen Tehan, Lisa Palmer, Faculty Small Grants Scheme Lee Godden and Lisa Strelein Camille Cameron and Michelle Taylor-Sands ‘The Implementation of Agreements and Treaties with Indigenous and Local Peoples in Postcolonial States’ ‘The Role of Model Litigant Rules in Regulating the Behaviour of Commonwealth Litigants’ Funding: $445,964 Partner Organisations: Rio Tinto and Offi ce of Indigenous Policy and Coordination Pip Nicholson and Sarah Biddulph This project involves a comparative study by an ‘Transplanting Paradigms: Comparative interdisciplinary team of the implementation of agreements Legal Studies in Asia’ with Indigenous and local peoples across selected Australian and international jurisdictions. Agreement making is now a Anne Orford major policy tool for governments, industry and Indigenous ‘International Law and its Others’ peoples. Using case studies, this project will address the critical need for research on implementation of agreements Jacqueline Peel and Lee Godden and the factors promoting long-term sustainability. This will involve examination of legal, governance, economic ‘Dimensions of the Risk Management development, land/heritage, and environmental management Paradigm in Environmental Law’ issues that arise in agreement implementation and investigation of the features of agreement that enhance Andrew Robertson social, cultural and economic outcomes for Indigenous ‘Implicit Limits on Contract Damages’ communities. John Tobin Melbourne Early Career Researcher ‘A Commentary to the United Nations Grant Scheme Conventions of the Rights of the Child’ Kimberlee Weatherall ‘Empirical Study of Patent Dispute Amanda Whiting Filings in the Federal Court’ ‘The Role of the National Human Rights Commission (Suhakam) in the Promotion and Collaborative Research Grant the Protection of Human Rights in Malaysia’ Michelle Foster ‘Guidelines on International Refugee Law: A Collaborative Analysis of Qualifi cation for Refugee Status’ Collaborating Partner: James Hathaway (University of Michigan Law School)

Funded Research Selected Grants in Progress

Chief Investigator: Beth Gaze Improving the Effectiveness of Australia’s Anti-Discrimination Laws ARC Linkage Project (2005–2007) Collaborating Organisation: Equal Opportunity Commission of Victoria

Project Description and Objectives The laws will be analysed and evaluated against overseas The effectiveness of Australia’s anti-discrimination laws laws and by a survey of stakeholders and users. The project in reducing discrimination and developing acceptance of involves several elements: diversity has been limited by reliance on a complaints-based • Analysis of experience under Australian anti-discrimination enforcement model, narrow drafting and technical judicial laws (though usage and outcome statistics, and case law interpretations. This project will critically evaluate the interpreting the legislation); substance and operation of Australian anti-discrimination • Surveys of opinions and experiences of a range of people laws in order to develop recommendations for changes involved in the enforcement of the law; to the laws to improve their effectiveness in eliminating • Examination and assessment of developments in discrimination, and in stimulating community understanding of comparable overseas countries which might be considered discrimination and human rights. In the current international for adoption in Australia; and climate, an effective system of anti-discrimination laws with • Consideration of the utility of alternative regulatory regimes a developed jurisprudence is very important to Australia’s which could improve compliance with anti-discrimination civil society. Community relations have been quite tense legislation. over the seven years since the rise of One Nation and in The objectives include developing the literature in this particular since the events of September 11, 2001. This has area, and producing recommendations for improvement tested Australian law. If anti-discrimination laws are seen of the legislation to protect the community better from as ineffective and relatively unenforceable, then they cannot discrimination and encourage community harmony in the operate as an effective remedy for denials of the human context of diversity, essential to Australia’s future. All equal right to non-discrimination or deliver the fi rm protection opportunity legislation throughout Australia will be analysed, needed for harmonious community relations in Australian the with a focus on the Victorian Equal Opportunity Act 1995. next decade or more. This affects not only race relations, but also religious, disability, gender and sexual orientation discrimination all of which contribute to community tensions.

Faculty of Law 2005 Research Report Selected Grants in Progress

Progress Future Work Many elements of the project are being conducted by an APAI Completion of empirical data collection and its analysis will student researcher, Ms Dominique Allen, who is undertaking lead on to identifi cation of areas regarded by users of the her PhD research for this project. Work undertaken so far system as most problematic. This will be cross matched includes analysis of theories of equality underlying anti- with the results of the analysis of primary and secondary legal discrimination laws and Australian case law, and building materials. Analysis of international comparative laws will an understanding of problematic issues in relation to the then be developed to provide a basis for critical evaluation legislation in consultation with the industry partner (Victorian and reform proposals. In 2007 it is planned to convene an Equal Opportunity Commission). Background work for the expert workshop of experts in anti-discrimination law from empirical data collection from various groups with contact universities, legal practice, and government agencies to with the laws has been undertaken and data collection has discuss the project results and critique its proposals. just commenced.

Project Outcomes Publications • Gaze, B, ‘Has the Racial Discrimination Act Contributed to Eliminating Racial Discrimination? Analysing the Litigation Track Record 2000–04’ (2005) 11 Australian Journal of Human Rights 171–201 • Gaze, B, ‘Twenty Years of the Sex Discrimination Act: Assessing its Achievements’ (2005) 30 Alternative Law Journal 3–8 • Gaze, B, ‘Quality Part Time Work: Can Law Provide a Framework?’ (2005) 15 Labour and Industry 89–111

Funded Research Selected Grants in Progress

Chief Investigators: Richard Mitchell and Ian Ramsay Researchers: K. Anderson, M. Jones, J. Lenne and S. Marshall Partnerships at Work: The Interaction between Employment Systems, Corporate Governance and Ownership Structure

ARC Discovery Project (2003–2007) Professor Richard Mitchell and Professor Ian Ramsay, of equity investments. It further seeks to establish whether the Law School’s Centre for Corporate Law and Securities investors seek to infl uence company labour relations and Regulation, received a Discovery Grant from the Australian human resource systems of investee companies in the same Research Council of $640,500 to undertake a fi ve year research way that they infl uence corporate governance. Work has project commencing in 2003. The project is examining the also begun on a major survey of directors in order to explore interaction between several key factors in the creation and directors’ views on their duties to a range of stakeholders, sustainability of ‘Partnerships at Work’. These factors include and whether the idea of ‘partnerships’ between the company particular employment systems, forms of corporate governance and its employees has any relevance. and ownership structures. The project proposes to discover In addition to the main part of this study, others have how these various factors have interacted so as to give rise made ad hoc contributions to the project. Glenn Patmore to – or fail to give rise to – ‘high performance’ partnership- (Melbourne Law School, University of Melbourne) and Paul J. style relations at work. In particular, the project will focus Gollan (Department of Industrial Relations, London School of on the interaction between these factors within a regulatory Economics and Political Science, U.K.) have contributed to the environment established by labour law and corporate law. debate by co-writing a working paper entitled ‘Transporting To date, ten major case studies of Australian companies the European Social Partnership Model to Australia’. This have been carried out which examine the relationship, if any, project was aided by Ingrid Landau, Derek Finch, Holly Smart between their work-systems and labour relations on the one and Samuel Koehne. hand, and their corporate governance and ownership patterns Professor Ian Ramsay and Kirsten Anderson also carried on the other. Case-studies of institutional investors have also out a study of union activism at shareholder meetings. This being conducted in order to establish whether institutional resulted in a Research Report titled ‘From the Picketline to the investors take into account the labour relations and human Boardroom: Union Shareholder Activism in Australia’. resource systems of investee companies when making

Faculty of Law 2005 Research Report Grants Completed in 2005

Chief Investigators: Andrew Kenyon and Tim Marjoribanks (Sociology Program – University of Melbourne) Research Fellow: Chris Dent Defamation Law in Context: Australian and US New Production Practices and Public Debate

ARC Discovery Project (2003–2005) Legal and media commentators have long claimed that The project involved more than 170 interviews with media Australian defamation law ‘chills’ media speech and limits professionals and their legal advisers in Australia, England public debate, especially compared to the US. This three year and the US and substantial content analysis of media ARC Discovery Project examined how defamation risks are products. This provided signifi cant insights into processes considered in media production practices under differing legal, of news production, revealing comparative insights into institutional and social contexts in Australia, England and the the ways in which editors, producers, journalist, reporters US. It responded to important defamation law developments and legal advisors negotiate defamation law in their and transformations in the media. The project produced everyday practices. The research confi rms some signifi cant empirical information about media news production practices differences, particularly as regards US defamation law. For and media content in Australia, England and the US and used example, one element of the project involved an analysis of that material to evaluate the role of defamation law in the more than 1,400 news and commentary articles in Australian media’s contribution to public debate. and US newspapers. (It is worth noting the US titles did not include the so-called supermarket tabloids – rather they The project had four key features: were titles comparable to Australian newspapers.) In the US • It provided Australian research into an issue of major defamation plaintiffs face much heavier burdens than under concern for media law – the promotion of public interest the English and Australian law, and this study suggested that speech; defamatory allegations against political and corporate actors • It extended the methodology and value of existing are published much more frequently there than in Australia: international legal literature about defamation through the US material contained defamatory allegations at nearly comparative empirical research; three times the rate of the Australian articles. The ‘chilling • It broadened a trend towards qualitative legal research, by effect’ suggested by such fi ndings, which was also supported exploring the understandings of law held by non-legal and by the interview material, has great signifi cance for the legal actors; and recent enactment of uniform defamation law in all Australian states and territories. The research informed that law reform • It analysed the signifi cance of these understandings for process during 2005. the law’s operation and reform, by combining the skills of researchers with expertise in law and media sociology.

Funded Research Grants Completed in 2005

The project also led to a current ARC Discovery Project • Kenyon, A, ‘Lange and Reynolds Qualifi ed Privilege: (DP0662844) in which both Chief Investigators are Australian and English Defamation Law and Practice’ collaborating with researchers who are expert in Southeast (2004) 28 Melbourne University Law Review 406–437 Asian law (Professor Tim Lindsey and Amanda Whiting) to • Marjoribanks, T and Kenyon, A, ‘Regulating News: examine defamation law, journalism and public debate in Standards and Competence in Contemporary Media Indonesia, Malaysia and Singapore. Practice’ in K Richmond (ed), The Australian Sociological Publications related to the project include: two books, as well Association 2004 Conference Proceedings, The University as multiple articles and conference papers: of Sydney/The Australian Sociological Association, 2004 • Kenyon, A, Defamation: Comparative Law and Practice, • Marjoribanks, T and Kenyon, A, ‘Journalistic Practice UCL Press, London (2006) and Defamation Law in Australia and the US’ (2003) 25 Australian Journalism Review 31–49 • Weaver, R, Kenyon, A, Partlett, D and Walker, C, The Right to Speak Ill: Defamation, Reputation and Free Speech, • Kenyon, A and Marjoribanks, T, ‘Seeking Sullivan, Looking Carolina Academic Press, Durham (2006) for Lange: US and Australian Defamation Law and News Production’, Australian & New Zealand Communication • Kenyon, A and Marjoribanks,T, ‘Researching Media Association International Conference 2003: Designing Production Practices: Comparative News and Defamation Communication for Diversity, Queensland University of Law’, Proceedings of The Australian Sociological Technology, Brisbane, 2003 Association 2005 Annual Conference: Community, Place, Change, University of Tasmania, Sandy Bay Campus, 2005 • Kenyon, A and Marjoribanks, T, ‘Judging Journalists: US and Australian News Production and Defamation Law’ , • Dent, C and Kenyon, A, ‘Defamation Law’s Chilling Effect: International Communications Association Conference, San A Comparative Content Analysis of Australian and US Diego, 2003 Newspapers’ (2004) 9 Media & Arts Law Review 89–111 • Kenyon, A, ‘Imputation or Publication: The Cause of Action in Defamation Law’ (2004) 27 University of New South Wales Law Journal 100–122

Faculty of Law 2005 Research Report Grants Completed in 2005

Chief Investigators: Tim Lindsey and MB Hooker (Law School, Australian National University) Islamic Law in Contemporary Indonesia ARC Discovery Project (2002–2005)

Project Description Investigation into the Legal Methodology used Law is at the heart of Islam and the absence of a distinction in Developing and Applying Substantive Law between religion and law creates inherent tension between (Application of Islam by State Institutions) Islamic law (syariah) and the modern nation state. As the Extensive interviews and surveys of litigants, state offi cials Indonesian state struggles to redefi ne itself post-Soeharto, and others to gather primary evidence to the extent of the the role of syariah has again become contested. Islamic legal jurisdiction in Indonesia were conducted. A large number of judgments selected from the data compiled Working with leading Indonesian Muslim scholars, Professor from the Religious Court in 2002 and 2003 were translated. Tim Lindsey and his project collaborator, Professor MB Hooker Indonesian practice was then compared to the classical of ANU’s Law School, investigated Islamic legal institutions, Islamic texts to determine how civil law precedent and substantive law and jurisdiction in Indonesia, surveying syariah are interacting in modern Indonesia. This may be the lawyers, judges and litigants. They explored the practical largest translation project ever conducted in relation to the operation of syariah in Indonesia in the last 50 years, with a work of Indonesia’s Islamic judiciary. particular focus on the last decade. Their research helped build bridges between Western, Examination of the Rules of Jurisprudence Indonesian and Middle-Eastern Islamic jurisprudence to that Determine the Interpretation of Law expand Australian understandings of Indonesian Islam at a (Local and International Confl icts in Islamic critical moment in bilateral relations. Theory and Scholarship). The focus here was on legal theory, but research extended Project Fieldwork outside formal law enforcement and resulted in a comprehensive analysis of the new curriculum for syariah Investigation of Institutional Structures training in Indonesia, as well a major translation project (Local State Frameworks) dealing with the content of Islamic khotbah or sermons. The project compiled and translated a representative sample This part of the project also involved extensive fi eldwork, of regional syariah-derived regulations from across the interviews with Indonesian lawyers, religious scholars archipelago that seek to Islamise local communities, now (ulama) and educators were conducted and recorded; and the source of major political tension in Indonesia. In doing so, documentary data was collected and analysed in both the researchers obtained access to Indonesian Islamic legal statistical and qualitative form. institutions that had not previously been accessed to this extent. In 2003, for example, the investigators were invited to Aceh, northern Sumatra, in order to discuss with the local syariah offi ce proposals for the implementation of Islamic law in this province of Indonesia, proposals that have now resulted in the most ambitious revival of Islamic legal norms in Southeast Asia in centuries. Research also extended to new laws in the fi eld of the religious judiciary, Islamic banking, fi nance, zakat (almsgiving) and wakaf (charitable trusts).

Funded Research Grants Completed in 2005

Project Outcomes Project Impacts The scholarly outcome of this project exceeded the For most of its history, Australia, a predominantly Christian- investigators’ expectations. An extensive library of collected tradition/secular society, has paid relatively little attention materials have been sorted and catalogued and are now to the implication of its location immediately to the south of held at the Asian Law Centre library at the University of the largest concentration of Muslims in the world. Since Al Melbourne, accessible to interested parties through the Qaeda, Jemaah Islamiyah and other radical Muslim terrorist Centre website, without charge http://www.law.unimelb.edu. groups have risen to public attention through September 11 au/alc/bibliography/ and the Bali and Marriot bombings, there has been public acceptance that understanding the Muslim societies to our Teaching materials derived from the data collected and North are of direct strategic and security importance for publications produced have been used in various graduate and Australia. undergraduate subjects taught at universities, including the Australian National University, the University of Melbourne The project has further strengthened the links between and the National University of Singapore and in training for Australia and Islamic leaders, legal institutions, key Islamic government agencies, including the Australian Federal Police. educational institutions and Islamic NGOs in Indonesia. These links were much weaker at the start of the project than they The investigators have also been invited by various should have been, given the close proximity between the two governments to advise in the area of research. In 2004, for countries and the rising political importance of Islam. example, Professor Lindsey’s expertise in this area was drawn upon for the ‘Assistance for Indonesian Islamic Education’ Overall, the project has raised the awareness of the role (Madrasah Project) report to AusAID, which designed the of syariah in Indonesia. This is refl ected in the broad public AusAID Learning Assistance Program for Islamic Schools interest the research has received in Australia, Indonesia, the facility in Indonesia, with a total facility budget of A$35 million United States and elsewhere overseas. over 5 years. Professor Lindsey has also drawn on the research to make Project-Related Publications extensive expert media comments throughout the duration Books of the project. This included extensive reporting of comments • Lindsey, T, Islamic Laws in Indonesia, (forthcoming) by Professor Lindsey in Australian and international television, • Hooker, MB, Indonesian Islam: Social Change Through radio and newspapers in relation to the position of Islamic law Contemporary Fatawa, Allen & Unwin, Sydney (2003) in Indonesia, particularly as regards the Bali bombing trials and the question of the application of Islamic law in a secular • Hooker, MB, Islam Mazhab Indonesia, Penerbit Teraju, state. Jakarta (2003) • Fealy, G and Hooker, V, (eds), Voices of Islam in Southeast Finally, a fi rst draft of the main monograph contemplated by Asia: A Contemporary Sourcebook, Institute of Southeast this project is now completed and will be published in early Asian Studies, Singapore (2006) 2007. A list of selected project publications appears below.

Faculty of Law 2005 Research Report Grants Completed in 2005

Book Chapters • Lindsey, T, Hooker, MB, Clarke, R and Kingsley, J, ‘Syari’ah Reform in Aceh: New Born or Still Born?’, in M Cammack (ed), Law Reform in Indonesia, University of Washington Press (in press 2006) • Hooker, MB, ‘The State and Syariah in Indonesia’ in Salim & Azra (eds), Sharia and Politics in Modern Indonesia, Institute of Southeast Asian Studies, Singapore (2003), 33-47 Journal Articles (Refereed) • Lindsey, T, ‘Islamic Law in Contemporary Indonesia’ (2002) 37 Review of Indonesian and Malaysian Affairs 121-127 • Hooker, MB, ‘Islamic Law in South East Asia’ (2003) 10 Studia Islamika 1-22 • Lindsey, T and Hooker, MB, ‘Towards a New Mazhab? The Public Faces of Syariah in Indonesia’ (2003)10 Studia Islamika 23-64 • Hooker, MB, ‘Introduction: Islamic Law in South-east Asia’ (2002) 4 Australian Journal of Asian Law 213-231 • Lindsey, T and Hooker, MB, ‘Towards a new Mazhab? The Public Faces of Syariah in Indonesia’ (2002) 4 Australian Journal of Asian Law 259-294 Other Contribution to Refereed Journal • Lindsey, T, Jamhari and Hooker, MB, (eds), Islamic Law in Indonesia and Malaysia, Studia Islamika, (special issue)

Funded Research Grants Completed in 2005

Chief Investigators: Andrew Kenyon and Andrew Christie Research Fellow: Emily Hudson Copyright and Cultural Institutions: Digitising Collections in Public Museums, Galleries and Libraries ARC Linkage Project (2003-2005) Collaborating Organisations: Art Gallery of New South Wales, Australian Centre for the Moving Image, Australian War Memorial, Museum Victoria, National Museum of Australia and State Library of Victoria This was a joint Centre for Media & Communications Law The project identifi ed and analysed relevant copyright legal (CMCL) and the Intellectual Property Research Institute of material, and investigated practices within cultural institutions Australia (IPRIA) research project, instigated and supported through case studies with the research partners and semi- by Museums Australia, the peak national association structured interviews with staff elsewhere in Australia, as representing the museum and gallery sector. It was primarily well as some in the US and UK. 164 people were interviewed funded by the ARC, along with six of Australia’s leading from 64 cultural institutions and other relevant bodies. This cultural institutions: generated a very substantial amount of material, which • Art Gallery of New South Wales underlay the creation of sector-focussed guidelines about copyright law and digitisation. The 160 page guidelines • Australian Centre for the Moving Image provide a thorough analysis of the legal issues and case • Australian War Memorial studies and examples relevant to the sector. As well as the • Museum Victoria full guidelines, a 16 page summary was produced. Both are • National Museum of Australia available in print and online from www.law.unimelb.edu. • State Library of Victoria au/cmcl. The guidelines have been distributed widely across the sector; for example, 2500 copies of the short form Digital technology gives cultural institutions signifi cant new guidelines were distributed in Museums Australia Magazine avenues for research, preservation and public access to in late 2005. The empirical material has also been drawn on collections, but also raises substantial issues about copyright in analysis of the existing law and possible law reforms. In management. This project investigated how museums, particular, several aspects of the existing ‘library and archives’ galleries and libraries are digitising material under Australian provisions of the Copyright Act 1968 (Cth) appear inconsistent copyright law. Legal and sociological research involving with the overall aims of the Act because they treat audio collaboration with six leading cultural institutions produced and audiovisual material in quite different ways than other digitisation guidelines facilitating appropriate copyright copyright material (and in ways that do not accord with the management, and undertook an evaluation of copyright internal management operations of the institutions). The law and industry practice. This case-study of how digital research also has implications for larger reforms to copyright technology changes relationships between copyright owners, law, which have been foreshadowed by the Australian users and the general public offers important contributions to government in 2006, in highlighting the risk-averse nature of a central public policy issue about digital copyright. the cultural institution sector in relation to copyright law.

Faculty of Law 2005 Research Report Grants Completed in 2005

The project also involved a one-day conference held in August • Kenyon, A and Hudson, E, ‘Copyright, Digitisation, and 2005 at the State Library of Victoria at which the guidelines Cultural Institutions’ (2004) 31 Australian Journal of were launched. The event saw 170 people from around Communication 89-105. Australia and NZ attend to hear speakers from the research • Kenyon, A, ‘Institutional Practice and Copyright Law: The team, government, artists’ organisations, and cultural Digitisation of Culture’, Copyright, Digitisation and Cultural institutions. In addition, submissions based on the project’s Institutions Conference, Melbourne, 2005 empirical research were made in July 2005 to the Australian • Hudson, E and Kenyon, A, ‘Communication in the Digital government’s review of fair dealing and other exceptions to Environment: An Empirical Study into Copyright Law and copyright. Digitisation Practices in Public Museums, Galleries and The project’s international impact has been increased through Libraries’, Australian and New Zealand Communications two reports by the researchers (which draw on the work Association Conference, Christchurch NZ, 2005 carried out in this project) for a project about digital archives • Hudson, E, ‘The Digital Agenda and Cultural Institutions: being conducted by Professor Jane Ginsburg and colleagues An Empirical Study into Digitisation Practices and at the Kernochan Center for Law, Media and the Arts, Copyright Law in Museums, Galleries and Libraries’, DCITA Columbia University (New York) funded by the Andrew W OZeCulture Conference, Byron Bay, 2005 Mellon Foundation. Results of the research were presented • Hudson, E, ‘Fair Use and Copyright Exceptions in Public at a leading international copyright conference in July 2006 at Museums, Galleries and Libraries’, The Future of Copyright Birkbeck College, University of London funded by the Arts & Exceptions, IPRIA and CMCL Seminars, Melbourne & Humanities Research Council’s Copyright Research Network. Sydney, 2005 The project has produced recognised benefi t to Australian • Hudson, E, ‘Copyright Law for Museum Shops: Compliance copyright policy (eg, the Australian government, in its 2006 and Commercialisation’, Museum Shops Association of response to the Digital Agenda Review, mentions the project Australia National Conference, Melbourne, 2005 as the primary example of the sort of empirical research • Hudson, E, Kenyon, A and Christie, A, ‘Copyright that is important in the sector). In the fi nalisation of the Exceptions: Fair Dealing and Fair Use in the Context government’s current proposals to reform copyright law, the of Cultural Institutions’, New Directions in Copyright results of the research can be expected to make a meaningful Conference (Annual Conference of the Arts & Humanities contribution. The project has also increased understanding Research Council Copyright Research Network), Birkbeck across the cultural institution sector about copyright law. College London, 2006 Publications and presentations related to the project include: • Hudson, E and Kenyon, A, ‘Copyright Reform for Visual • Christie, A, ‘Cultural Institutions in the Digital Age’, Artists: An Analysis of Proposals for a Resale Royalty Copyright, Digitisation and Cultural Institutions Conference, Scheme in Australia’ (2005) 18 Intellectual Property Law Melbourne, 2005 Bulletin 75-78. • Hudson, E and Kenyon, A, ‘Copyright and Cultural • Hudson, E and Waller, S, ‘Droit de Suite Down Under: Institutions: Guidelines for Digitisation’ (2005) Should Australia Introduce a Resale Royalties Scheme for Visual Artists’ (2005) 10 Media & Arts Law Review 1-22.

Funded Research Centres and Institutes 17 Asia Pacifi c Centre for Military Law

The Asia Pacifi c Centre for Military Law (APCML) was Major Research Projects in the APCML established in 2001 as a collaborative initiative of Defence The Challenges of Peace Operations Project Legal in the Australian Department of Defence and the Melbourne University Law School, to facilitate cooperation The APCML is the designated Australian partner organisation amongst military forces of the Asia Pacifi c Region in the to this major international collaborative project, established research, training and implementation of the laws governing in 1997 by the Swedish National Defence College with the military operations. primary objectives of fostering and encouraging a culture of cross-professional cooperation and partnership with the aim The APCML aims to promote greater understanding of, and of exploring and conveying more effective and legitimate increased respect for, the rule of law in all aspects of military ways of dealing with multi-national and multi-disciplinary affairs both within the Australian Defence Force and amongst peace operations. Some 230 organisations and 50 countries militaries in the Asia Pacifi c Region. It operates from both a are now participating in the project. Australia’s participation military and a university node. in the Project is one of the Department of Defence’s key International Engagement Policy objectives. Its activities include: • Preparing and delivering training programs; The APCML hosted the 11th Challenges Seminar entitled • Organising conferences, workshops, seminars and ‘The Rule of Law on Peace Operations’ in November 2002. lectures; Associate Director Bruce Oswald has also participated in the 10th, 12th, 13th, 14th, 15th and 17th Challenges Seminars • Promoting academic research; held respectively in USA, Sweden, Turkey, Nigeria, China and • Developing relevant relationships within the Asia Pacifi c USA. He assisted in drafting the Rule of Law chapters for Region; the Phase II Concluding Report, Meeting the Challenges of • Developing contacts and mutual exchanges with other Peace Operations: Cooperation and Coordination, which was academic/military centres and with leading subject matter the product of seminars held between November 2002 and experts; and March 2005. • Providing support for deployments, particularly for peace The APCML hosted visits by Professor Ove Bring, Professor of operations. International Law at the Swedish National Defence College in The Director of the Centre is Professor Tim McCormack, Stockholm and Dr Marie Jacobsson, Principal Legal Adviser Foundation Australian Red Cross Professor of International in the Swedish Foreign Ministry, from 6 - 23 December Humanitarian Law. The Deputy Director is LTCOL Geoff 2005, and by HRH Crown Princess Victoria of Sweden for Cameron CSC; Bruce Oswald CSC and LTCOL Paul Muggleton discussions on the Centre’s involvement in the Challenges both serve as Associate Directors of the Centre. Other project, on 15 March 2005. Melbourne Law School staff associated with the Centre are; The Challenges project has had a strong infl uence on UN Dr David Blumenthal, Ms Alison Duxbury, Ms Jessica Howard reform and peace operations practice, as well as being an and Mr John Tobin. Dr Bob Mathews is a Research Fellow in excellent vehicle for the interchange of information amongst the Centre. subject matter experts and policy makers. The Centre Administrator is Ms Cathy Hutton and enquiries can be directed to [email protected].

Centres and Institutes National Security Projects International Humanitarian Law Project The APCML organised, jointly with the Australian Department Since 2003 APCML Director Professor Tim McCormack has of Defence and the Government of Indonesia, a regional provided advice to Major Michael ‘Dan’ Mori, the US military workshop for South East Asian government offi cials on more lawyer representing Australian citizen David Hicks before the effective national implementation of the 1972 Biological US military commission at Guantanamo Bay, Cuba, on the Weapons Convention (BWC), in February 2005 at the international humanitarian law and international criminal law University of Melbourne. The proceedings from the Workshop aspects of the charges against David Hicks. have been published and an interactive website has been APCML research student Sarah Finnin has spent two three- established. month periods working with Major Mori in the US Offi ce of The close collaboration between APCML Director Professor Military Commissions in Washington DC. Tim McCormack and APCML Research Fellow Dr Bob APCML has organised two presentations on the Hicks case Mathews, Principal Research Scientist in the Chemical, at the Law Institute of Victoria, most recently on 12 August Biological, Radiological and Nuclear Centre of the Department 2005 with Professor Tim McCormack, Lex Lasry QC and David of Defence Science and Technology Organisation (DSTO) will McLeod, Australian Counsel for David Hicks. soon be recognised in a formal MOU between the APCML and DSTO. Professor Tim McCormack was awarded the 2005 Law Institute of Victoria President’s Pro Bono Award for his work Professor McCormack and Dr Mathews developed and in assisting Major Michael Mori with the Hicks case. The LIV presented the fi rst Arms Control and Disarmament course President’s awards recognize outstanding contributions made ever to be offered in Australia, for the Melbourne Law within the legal profession and beyond. School Graduate Program in October 2005. They were both appointed in June 2005 to Foreign Minister Alexander Downer’s newly constituted National Consultative Group on Major Events in 2005 BioSecurity Issues (NCGBI). Professor McCormack has also been appointed (April 2005) to the National Consultative Law Week Oration by Professor Tim Committee for International Security (NCCISI), which McCormack ‘Sixty Years from Nuremberg: What functions as a channel for the exchange of views on peace, Progress for International Criminal Justice?’ arms control, security and disarmament issues between the 17 May 2005 Australian Government and the community. APCML Director Professor Tim McCormack gave the 2005 Law Week Oration at the Melbourne Law School on 17 May 2005. In his oration, he discussed the legacies of the Nuremberg Trials in the subsequent development of international criminal law, in particular the establishment of the International Criminal Court and the implications of opposition to it.

Faculty of Law 2005 Research Report Asia Pacifi c Centre for Military Law

US Army Judge Advocate visit The Centre’s website can be accessed at: 3 August 2005 http://www.apcml.org APCML Deputy Director LTCOL Geoff Cameron hosted the visit The Centre can be contacted by email at: by the US Army’s Judge Advocate General, Major General [email protected] T. J. Romig to the APCML and Military Law Centre (MLC) at Randwick Barracks, Sydney. MAJGEN Romig was visiting Australia to conduct meetings with senior Defence personnel with a view to promoting the continuation of the Centre for Lessons and Military Operations (CLAMO) offi cer exchange program between the US and Australia.

Public Lecture Picking up the Pieces: Building Democracy in Post-Confl ict Societies 28 September 2005 Professor Hilary Charlesworth, the APCML 2005 Sir Ninian Stephen Visiting Scholar, presented this lecture on the promise and pitfalls of international frameworks in building democracy, with particular focus on the situation in Iraq. Professor Charlesworth is an Australian Research Council Federation Fellow, the Director of the Centre for International Governance & Justice, RegNet, Research School of Social Sciences, ANU, and Professor of International Law and Human Rights in the Faculty of Law, ANU.

One-day public seminar Nuremberg and Transitional Justice: Civilising Infl uence or Institutionalised Vengeance? 19 November 2005 The APCML, together with Australian Red Cross (ACT), and the Centre for International and Public Law at the ANU Law School, presented a highly successful one-day seminar commemorating the 60th Anniversary of the commencement of the Nuremberg War Crimes Trial and assessing the subsequent development of international criminal law.

Centres and Institutes Asian Law Centre

The Asian Law Centre (ALC), an initiative of the University of Publications Melbourne Law School, commenced activities in 1985. It is Recent publications by Centre members include: the fi rst Australian centre established to teach and undertake • Biddulph, S, ‘Mapping Legal Change in the Context of research on the legal systems within Asia. It is now the Reforms to Chinese Police Powers’ in J Gillespie and largest and pre-eminent centre for the study of Asian legal P Nicholson (eds), Asian Socialism and Legal Change: The systems in the world. Dynamics of Vietnamese and Chinese Reform, Asia Pacifi c The Centre has pioneered extensive programs of teaching Press, Canberra (2005), 215-241. and research on the laws and legal systems of Japan, China, • Cooney, S, Lindsey, T, Mitchell, R and Zhu, Y (eds), Law Indonesia, Vietnam, Taiwan, Malaysia, East Timor and the and Labour Market Regulation in East Asia, Routledge, Philippines and has worked also in Korea, Thailand and Laos London (2002) and on Islamic, traditional and customary laws. • Cooney, S, ‘The Effects of Rule of Law Principles in Taiwan, in R Peerenboom (ed), Asian Discourses of Rule of Law, Objectives RoutledgeCurzon, London New York (2004), 417-445 The Centre’s objectives are: • Lindsey, T, ‘From Soepomo to Prabowo: Law, Violence and • To improve knowledge of the laws of our region; Corruption in the Preman State’, in C Coppel (ed), Violent • To support the rule of law in Asia; Confl icts in Indonesia: Analysis, Representation, Resolution, Curzon, London (2006) • To promote the teaching of Asian law at both graduate and undergraduate levels, and the teaching of Australian law in • Lindsey, T and Pausacker, H (eds), Chinese Indonesians: Asia; Remembering, Distorting, Forgetting – A Festschrift for Charles A Coppel, Institute of Southeast Asian Studies, • To promote the development of Asian studies and Asian Singapore; Monash Asia Institute, Clayton (2005) languages in other disciplines and to encourage linkages with law studies; • Nicholson, P and Gillespie, J (eds), Asian Socialism and Legal Change: The Dynamics of Vietnamese and Chinese • To research the legal framework for trade and investment Reform, Asia Pacifi c Press, Canberra (2005) in Asia; and • Steele, S, ‘Comments on Okuda, Statelessness and the • To promote exchanges of scholars and students between Nationality Act of Japan’ (2004) 9 Journal of Japanese Australian and Asian universities and institutions. Law 178-192. • Whiting, A, ‘Situating Suhakam: Human Rights Debates Research Projects and Malaysia’s National Human Rights Commission’ (2003) The ALC is associated with 4 major research projects: 39 Stanford Journal of International Law 59-98 • ARC Federation Fellowship: ‘Islam and Modernity: Syari’ah, Terrorism and Governance in South-East Asia’ (2006-2011) • ARC Discovery Project: ‘Islamic Law in Contemporary Malaysia, Singapore and Brunei: The Anglo-Malay Madhhab’ (2005-2007) • ARC Discovery Project: ‘The Media and ASEAN Transitions: Defamation Law, Journalism and Public Debate in Indonesia, Malaysia and Singapore’ (2006-2009) • Large Collaborative Grant: ‘Asia Pacifi c Dispute Resolution Project’

Faculty of Law 2005 Research Report Asian Law Centre

Australian Journal of Asian Law ‘Brown Bag’ Seminar Series The Asian Law Centre jointly publishes the Australian Journal • Postgraduates, academics, practitioners or visitors who of Asian Law (AJAL) with the University of Washington at are researching and writing on Asian legal topics present Seattle and the Australian National University. A peer-refereed papers on work in progress or rehearse a conference or scholarly journal, the AJAL is edited from Melbourne and is article submission. Provides a collegial atmosphere for now a leading forum for debate for scholars and professionals peer feedback. concerned with the laws and legal cultures of Asia. Asian Legal Dialogues Asian Law Online • Presentations on Asian issues conducted in Asian languages. http://www.law.unimelb.edu.au/alc/bibliography. Asian Law Online, launched in 2002, is the fi rst online Conferences bibliographic database of Asian law materials in the world. The Centre holds an annual international conference, the most Offered to the public as a free service to assist students and recent including: scholars of Asian legal systems, it is a collection of English • ‘Build It And They Will Come: The First Anniversary of Law language materials on Asian laws available throughout the Schools in Japan’ (2005); world and includes books, chapters in books, journal articles and theses. • ‘Law and Governance: Socialist Transforming Vietnam’ (2003); The database is organised according to countries in East Asia • ‘Islamic Laws and the West: Can Secular Laws and Syariah and a selection of basic legal areas. The database can be Co-exist?’ (2002); searched for any word or a more specifi c advanced search can be conducted. The database is also linked to a list of • ‘Law Reform in Developing and Transitional Economies’ useful websites for each country and legal area. (2001), held in Ulaanbaatar, Mongolia; • ‘Rethinking the Good Governance Paradigm: Corruption and Seminars Social Engineering in Indonesia and Vietnam’ (2000). The Centre hosts the following seminar series: Melbourne Asia Policy Papers Occasional Seminar Series The Melbourne Asia Policy Papers are an initiative of the Asian • Distinguished scholars and practitioners present on current Law Centre, the Asia Institute, the Asialink Centre, the Asian Asian legal issues Economics Centre and the Australian Centre for International Business at the University of Melbourne. Comparative Law Seminar Series • Presented by internationally recognised scholars of The Melbourne Asia Policy Papers aim to strengthen comparative law and/or socio-legal theory, focusing on its Australia’s engagement in Asia through the publication and application to Asia dissemination of a series of non-partisan policy option papers, which are distributed among leading government, media, • Public Seminar academic, and business offi cials in Australia. • Internal Roundtable Workshop

Centres and Institutes Asian Law Centre

Visitors Staff The ALC regularly hosts visits by renowned international The Centre was founded by the late Professor Malcolm Smith. scholars. It also participates in the following programs: The current Director is Professor Tim Lindsey, Professor of Asian Law. The Centre’s Associate Directors are Dr Sarah Supreme Court of Japan Biddulph (China), Dr Sean Cooney, Dr Pip Nicholson (Vietnam), Each year since 2003, the Asian Law Centre has hosted Ms Stacey Steele (Japan) and Ms Amanda Whiting a Judge from Japan as part of the Overseas Training and (Malaysia). Ms Kathryn Taylor is the Manager of the Centre. Research Program of the Supreme Court of Japan. The Mr Jeremy Kingsley, Ms Helen Pausacker and Ms Kerstin Program enables Judges from Japan to experience life in Steiner are the Centre’s principal Research Assistants. a jurisdiction outside Japan for a twelve-month period and provides them with a valuable opportunity to study Australian The Centre’s website can be accessed at: law courses, access University resources and undertake http://www.law.unimelb.edu.au/alc. research and training activities, including visits to Victorian The Centre can be contacted by email at: courts and meetings with court personnel. [email protected]. Partnership in Islamic Education Project The Asian Law Centre and the Centre for the Study of Contemporary Islam, together with the Asia Institute, host visits by students as part of the Partnership in Islamic Education Project (sandwich program). Students who take part in this program are staff members at an Islamic tertiary institution who are already in possession of an Indonesian Masters degree. While in Australia, these students work at the level of a non-award Masters of Research, which can later be published on their return to Indonesia.

Faculty of Law 2005 Research Report Centre for Employment and Labour Relations Law

The Centre for Employment and Labour Relations Law (CELRL) 31 January 2005 Associate Professor Masaharu Nose, was established in the Faculty of Law in 1994. Its broad aims Department of Sociology of Kwansei Gakuin University, are to consolidate the teaching of, and research into, labour Japan, on ‘Negotiation Systems and Australian Workplace law at the University of Melbourne, to contribute to the Agreements: From Researchers’ and Engineers’. development of labour law teaching and research throughout 8 April 2005 Professor Chris Arup, Victoria University and Australia, and to engage with labour law scholars throughout Mr Anthony O’Donnell, Centre for Employment and Labour the world. Centre members are responsible for teaching Relations Law, The University of Melbourne, on ‘Social labour law subjects in the undergraduate and graduate Security and Transitional Labour Markets in Australia: A programmes in the Faculty of Law, with the graduate Preliminary Analysis’. programme leading to both Masters Degrees and Graduate Diplomas specialising in labour law. 20 May 2005 Professor Cameron Rider, Professor of Taxation, Melbourne Law School, the University of Melbourne, The Centre’s work is guided by an Advisory Board, whose on ‘How the Government Uses Taxation and Social Security to members represent the legal profession, academia and key Regulate Labour Market Participation’. stakeholders in Australian labour relations law. 12 August 2005 Mr Colin Fenwick, Director, Centre for The Centre is fortunate to receive fi nancial support from a Employment and Labour Relations Law, the University of number of law fi rms in Melbourne that act as its Sponsors. Melbourne and Mr Matt Tilleard, LLB candidate at the The Centre publishes Working Papers and Monographs, and Melbourne Law School on ‘Regulating Prisoners’ Labour: A hosts two seminar series. Paradox in International Law’. Current Members 9 September 2005 Dr Jill Murray, School of Law, La Trobe Mr Colin Fenwick (Director), Ms Kirsten Anderson, Ms Anna University, on ‘Work and Family in Labour Law Scholarship’. Chapman, Dr Sean Cooney, Associate Professor Beth Gaze, Ms Elena Goodey, Dr John Howe, Ms Meredith Jones, Ms 3 October 2005 Professor Paul Davies, London School Shelley Marshall, Professor Richard Mitchell, Ms Charlotte of Economics, UK, on ‘Changing Forms of Workplace Morgans, Mr Glenn Patmore and Mr Joo-Cheong Tham. Representation in the UK: From Single to Dual Channel’. Labour Law Seminar Series 4 October 2005 Ms Sue Ashtiany, Head of Employment Law at Nabarro Nathanson, London, and Equal Opportunities These free public seminars are intended to be of interest to Commissioner; and Professor Margaret Thornton, Richard a wide audience including academics, members of the legal McGarvie Chair of Socio Legal Studies, Institute for Advanced profession, and those engaged in the day to day business Study, La Trobe University, on ‘Workplace Diversity and of industrial relations and/or human resource management. Discrimination Laws: Perspectives from UK and Australia’. They provide a forum for the presentation and discussion of preliminary research results and to that end are designed 21 October 2005 – Ms Marcia Neave, Chairperson, Victorian both to be informative and to engender critical discussion and Law Reform Commission and Ms Priya SaratChandra, Policy debate. and Research Offi cer, Victorian Law Reform Commission, on ‘The Victorian Law Reform Commission’s Workplace Privacy Report: A Model for Regulating Workplace Privacy’

Centres and Institutes Centre for Employment and Labour Relations Law

Sponsors’ Seminar Series Submissions The CELRL also coordinates a series of seminars exclusively In March, Colin Fenwick prepared a Submission to the Inquiry for the members of the fi rms that are its Sponsors. into Labour Hire Employment in Victoria by the Economic Development Committee of the Victorian Parliament, and 23 March 2005 Ms Zana Bytheway, JobWatch, on subsequently appeared before the committee, together with ‘Implementation of Common Rule Awards in Victoria’. This Centre Associate Professor Harry Glasbeek. seminar was held at the offi ces of Centre Sponsor Maurice Blackburn Cashman. Also in March, Joo-Cheong Tham prepared a Submission to the Parliamentary Joint Committee on ASIO, ASIS and 14 April 2005 Mr Justin Bourke, Victorian Bar, on ‘Labour DSD’s Review of ASIO’s Special Powers Relating to Terrorism Law & Business Restructuring: Assessing Amcor and Offences as Contained in Division 3 Part III of the Australian Gribbles’. This seminar was held at the offi ces of Centre Security Intelligence Organisation Act 1979 (Cth.). Joo-Cheong Sponsor Middletons Lawyers. subsequently appeared as an invited witness before the 15 June 2005 Mr Peter Rozen, Victorian Bar on ‘The committee. Occupational Health and Safety Act 2004 (Vic): Signifi cant In April, John Howe prepared a Submission to the Senate Change or Merely Fine-Tuning?’ Employment, Workplace Relations and Education Committee Inquiry into the Building and Construction Industry Improvement Centre Research Bill 2005 and the Building and Construction Industry Centre members are engaged in research in diverse aspects Improvement (Consequential and Transitional) Bill 2005. John of the broad fi eld of labour law and labour market regulation. appeared before the Committee on 4 May. Areas of particular interest and expertise include the regulation of individual work relationships, discrimination in the labour In May, Joo-Cheong Tham (together with Dr Graeme Orr) market, the operation of courts and other dispute resolution prepared a Submission to the Joint Standing Committee on institutions, the regulation of occupational health and safety, Electoral Matters’ Inquiry into the Conduct of the 2004 Election, collective labour relations, comparative labour law, international and subsequently appeared as a witness before the committee. labour standards, and unemployment law and policy. Glenn Patmore presented a written submission to the Victorian Key Centre research projects include: Human Rights Consultation Committee: Have Your Say About Human Rights, in response to the Victoria Human Rights • Law and Labour Market Regulation; Consultation Community Discussion Paper (31 August). • Regulating Work and Workplaces: Contracting and Bargaining in Enterprises; In August Richard Mitchell and Joel Fetter presented a written Submission to the Senate Employment, Workplace Relations • Labour Regulation in East Asia; and Education References Committee: Inquiry into Workplace • Legal Protection of Workers’ Human Rights: Regulatory Agreements, followed by invited oral evidence on 29 September. Changes and Challenges; In November Sean Cooney coordinated a submission by • Law and Labour Market Regulation in Southern Africa; Centre members and associates to the Senate Employment, • Partnerships at Work: The Interaction between Workplace Relations and Education Committee Inquiry into the Employment Systems, Corporate Governance and Workplace Relations Amendment (Work Choices) Bill 2005. Ownership Structure; Subsequently Sean Cooney, Anna Chapman, Glenn Patmore • Work/Family Confl ict and Australian Labour Law; and and Jill Murray gave evidence before the Senate Inquiry. • Labour Law in an Era of ‘Self-Regulation’ Joo-Cheong Tham (together with Patrick Emerton, Law Faculty, More information regarding these projects can be viewed at: Monash University) prepared a Submission to the Senate and http://celrl.law.unimelb.edu.au/go/research/research-projects/ Legal Constitutional Legislation Committee’s Inquiry into the Anti-Terrorism (No 2) Bill 2005 on 11 November.

Faculty of Law 2005 Research Report Centre for Employment and Labour Relations Law

Reports Chong, A, Emerton, P, Kadous, W, Petittt, A, Sempill, S, Sentas, V, Stratton, J and Tham, JC, Laws for Insecurity? A Report on the Federal Government’s Proposed Counter-Terrorism Measures, (December 2005) http://www.amcran.org Commissioned Reports Fenwick, C, The Private Sector and Rehabilitative Work for Prisoners – A Survey of Good Practices, Commissioned Report for the International Labour Organization (Bangkok offi ce). Fenwick, C, Howe, J, Marshall, S and Landau, I, Labour and Labour Related Laws in Micro and Small Enterprises: Innovative Regulatory Approaches. This Report was commissioned by the International Labour Organisation’s InFocus Program on Boosting Employment through Small Enterprise Development. During 2005 research was carried out by a team including Lucy Adams, Ingrid Landau, Marc Trabsky, Sara Summerbell, Piers Gillespie and Fritz Ntoko- Ewang. A draft report was delivered in October, and Colin Fenwick travelled to ILO Headquarters in Geneva for consultations and to give a presentation on the content and direction of the report. It is to be fi nalised in 2006.

The Centre’s website can be accessed at: http://celrl.law.unimelb.edu.au/. The Centre can be contacted by email at: [email protected].

Centres and Institutes Centre for Comparative Constitutional Studies

The Centre for Comparative Constitutional Studies (CCCS) for checking legislation against (often vague) rights criteria. is one of the Law School’s ten specialist research centres, The project combines a review of the parliamentary records and is a focal point for research, scholarship, teaching and of selected Australian parliaments with interviews of key information about Australian constitutional law and the parliamentary stakeholders. It aims to identify the capacity constitutional law of other countries whose systems are most and effectiveness of Australian parliaments and, through relevant to Australia. a comparative study, to compare their performance with world’s best practice. Most Centre members were also The objectives of the CCCS are: heavily engaged in the Victorian Government’s consultation • To examine and evaluate the Australian constitutional on a Human Rights Act for Victoria. Cheryl Saunders, Carolyn system and to contribute actively to the debate on the Evans and Simon Evans participated in an expert roundtable Australian system of government; with the Consultation Committee. Many Centre members • To examine and advise on the constitutional and legal made submissions to the Consultation Committee. Simon framework for relations between levels of government, Evans acted as a consultant to Victorian Solicitor-General in theory and practical operation; Pamela Tate SC in connection with the drafting of the Charter • To introduce comparative constitutional concepts and of Human Rights and Responsibilities. knowledge about comparative constitutional practices Centre members continued their work on other key topics into the Australian constitutional debate; in Australian and comparative public law: these include • To develop and promote a sound understanding of the federalism, accountability of government, human rights constitutional systems of countries in the neighbouring institutions, religious rights, property rights, freedom of region, both in underlying and practical operation; speech. • To contribute to the debate on constitutional issues elsewhere in the world in the light of the experience Symposium of Australia and the Asia-Pacifi c region; and The Centre’s major research event for 2005 was a one- • To provide a public and specialist resource on day symposium on executive power under the Australian constitutional and comparative constitutional issues. Constitution. The particular focus of the symposium was The Centre pursues these objectives through its activities inherent executive power – the unwritten powers of the - research, teaching, information exchange, resource centre, government. The symposium brought together more than 30 consultancies and research collaboration. leading Australian public law scholars, judges, practitioners and politicians to discuss four papers. The papers were written by Professor Leslie Zines (ANU) on the scope of Research and Knowledge Transfer inherent executive power, Professor Patrick Weller (Griffi th) on A major research focus of some Centre members during accountability to the Parliament for the exercise of inherent 2005 was the ARC funded project on Australian Parliaments executive power, Mr Stephen Gageler SC on accountability to and Human Rights (Chief Investigators from 2005 were Dr the courts for the exercise of inherent executive power and Simon Evans and Dr Carolyn Evans). This project, funded Professor Cheryl Saunders on inherent executive powers in by the Australian Research Council, is investigating all the a federal system. The roundtable provided an opportunity for existing parliamentary and pre-parliamentary mechanisms constructive discussion of work-in-progress with an informed for ensuring that proposed legislation is compliant with and interested group. Three of the papers were published in a rights. In most jurisdictions these mechanisms include a special issue of the Public Law Review in December 2005. parliamentary scrutiny committee with primary responsibility

Faculty of Law 2005 Research Report Centre for Comparative Constitutional Studies

Seminars and Roundtables Visitors to the Centre As well as the symposium the Centre organised a series of The Centre continues to host research visitors from around internal and external research events, including the following: Australia and around the world. In 2005 long-stay visitors • 25 January 2005 – the Centre hosted a seminar entitled included Dr Greg Carne, University of Tasmania (11 April Common Law Constitutionalism and Australian Federal – 31 July 2005), Justice Ellen France (High Court Wellington Judicial Review – Justifi cation as Legality in Judicial New Zealand, 3 October – 25 November 2005), Professor Review of Administrative Action: Prospects under the George Williams (University of New South Wales, 25 July Constitution, presented by doctoral student Ms Emily – 3 September and 14 November – 23 December 2005) and Hammond Professor Diana Woodhouse (Oxford Brookes University, 15 January – 30 May 2005). As well, the Centre hosted Mr Frank • 15 February 2005 – the Centre co-organised with Liberty Herget, a German lawyer completing his legal training by Victoria a lecture on Human Rights presented by Victorian undergoing a supervised research visit. Attorney General Rob Hulls at the Law Institute of Victoria • 23 February 2005 – the Centre hosted a seminar on Devolution in the United Kingdom: Intergovernmental Management 2005 Relations presented by Alan Trench, University College Director: Dr Simon Evans London Deputy Directors: Associate Professor Kristen Walker and Dr • 12 April 2005 – Centre visitor Professor Diana Carolyn Evans Woodhouse gave a public presentation on Independence Founding Director: Professor Cheryl Saunders AO and Accountability: the Judges, Lord Chancellor and Administrator: Ms Katy Prentice (to July 2005) and Ms Attorney General in the developing UK Constitution Emma Brimfi eld (from October 2005) • 7 June 2005 – the Centre organised a seminar on Religious Freedom and the Constitution in India presented The Centre’s website can be accessed at: by Professor Rajeev Dhavan, Public Interest Legal Support http://cccs.law.unimelb.edu.au/cccs/ and Research Centre, India The Centre can be contacted by email at: • 13 July 2005 – the Centre organised a public forum [email protected] entitled A Bill of Rights for Victoria? at which Dr Simon Evans, Dr Carolyn Evans and Associate Professor Kristen Walker spoke • 14 November 2005 – the Centre organised a public forum with the CMCL on The Workplace Relations Reform Advertising Case: Constitutional and Policy Perspectives on Government Advertising. Speakers included Dr Simon Evans, Mr Joo-Cheong Tham, Dr Sally Young (from Media and Communications)

Centres and Institutes Centre for Corporate Law and Securities Regulation

The Centre for Corporate Law and Securities Regulation In 2005, the following books were published by (CCLSR) commenced in January 1996 in recognition of the Centre members: growing importance of corporate law and securities regulation • Austin, R, Ford, H and Ramsay, I, Company Directors: nationally and internationally, and in recognition of the Principles of Law and Corporate Governance, LexisNexis University of Melbourne’s strength in these areas. Butterworths (2005) The objectives of the Centre and its members are: • Austin, R and Ramsay, I, Ford’s Principles of Corporations • To undertake and promote research on corporate law and Law (12th ed), Lexis Nexis Butterworths (2005) securities regulation; • Hanrahan, P, Ramsay, I and Stapledon, G, Commercial • To undertake the teaching of corporate law and securities Applications of Company Law (6th ed), CCH Australia regulation subjects within the Faculty of Law and the (2005) Faculty of Economics and Commerce at the University • Hanrahan, P, Stapledon, G, Ramsay, I, Yeo, V and of Melbourne and to develop and promote innovative Lee, J, Company Law – Singapore, CCH Asia Pacifi c (2005) teaching methods and teaching materials; • Lindsey, T and Pausacker, H (eds), Chinese Indonesians: • To host conferences to disseminate the results of research Remembering, Distorting, Forgetting, Monash University undertaken under the auspices of the Centre or in other Press (2005) programs associated with the Centre; • Walker, G, Reid, T, Hanrahan, P, Ramsay, I and Stapledon, • To develop and promote links with academics in other G, Commercial Applications of Company Law in New Australian universities and in other countries who Zealand (2nd ed), CCH New Zealand (2005) specialise in corporate law and securities regulation; • Woodward, S, Bird, H and Sievers, A, Corporations Law in • To establish and promote links with similar bodies, Principle (7th ed), Lawbook Company (2005) internationally and nationally, and provide a focal point A signifi cant part of the Centre’s activities is the holding in Australia for scholars in corporate law and securities of seminars/conferences on important issues. In 2005 the regulation; Centre held the following seminars/conferences: • To promote close links with peak organisations involved in • Executive Remuneration and Corporate Governance corporate law and securities regulation; (23 February 2005) • To promote close links with those members of the legal Speaker: Gideon Haigh, journalist and corporate profession who work in corporate law and securities governance commentator regulation; and This seminar was co-hosted with the Centre for • To attract students of the highest calibre to the graduate Employment and Labour Relations Law program and provide opportunities for their involvement in corporate law research projects. The activities of the Centre include teaching (members of the Centre teach or coordinate the teaching of 35 specialist subjects), maintaining a strong research program, conducting conferences and seminars and publishing a monograph series.

Faculty of Law 2005 Research Report Centre for Corporate Law and Securities Regulation

• The Takeovers Panel: Key Issues for Companies • Directors’ Duties and Corporate Social and Advisers Responsibility – The New Environment (3 March 2005 Melbourne, 9 March 2005 Sydney) (27 July 2005 Sydney, 18 August 2005 Melbourne) Speakers: Tim Bednall, Partner, Mallesons Stephen Jaques Speakers: Bob Baxt AO (Sydney and Melbourne) Partner, (Sydney), Richard Cockburn, Director, ASIC (Melbourne Freehills, Bill Beerworth (Sydney seminar) Managing and Sydney), George Durbridge, Counsel, Takeovers Panel Director, Beerworth & Partners, Leon Davis AO, (Melbourne (Sydney), Byron Koster, Partner, Blake Dawson Waldron seminar) Chairman, Westpac, Meredith Hellicar (Sydney (Sydney), Alison Lansley, Partner, Mallesons Stephen seminar) Chairman, James Hardie Industries, Harrison Jaques (Melbourne), Marie McDonald, Partner, Blake Young (Melbourne seminar) Chairman, Morgan Stanley Dawson Waldron (Melbourne), Simon McKeon, Executive Australia, Richard St John (Sydney and Melbourne) Chairman, Macquarie Bank Limited and President, Convenor, Corporations and Markets Advisory Committee Takeovers Panel (Melbourne and Sydney), Nigel Morris, • Enlightened Shareholder Value and the New Director, Takeovers Panel (Melbourne) Responsibilities of Directors: What does the Best • Professor Ian Ramsay launches Leon Gettler’s book Director do for the Creditors? “Organisations Behaving Badly: A Greek Tragedy of (4 October 2005) Corporate Pathology” Professor Paul Davies, Cassel Professor of Commercial (Readings Bookstore, Carlton, 12 May 2005) Law, London School of Economics and Political Science • The Takeovers Panel: Key Issues for Companies and • From the Picketline to the Boardroom: Union Advisers Shareholder Activism in Australia (26 May 2005 Perth) (24 November 2005) Speakers: Michael Ashforth, Managing Director, Gresham Speakers: Professor Ian Ramsay and Kirsten Anderson, Advisory Partners Ltd, Jeremy Cooper, Deputy Chairman, Faculty of Law, University of Melbourne ASIC, George Durbridge, Counsel, Takeovers Panel, Marie The Centre also hosts the Corporate Law Judgments website, McDonald, Partner, Blake Dawson Waldron which contains corporate law judgments of the Australian • Institutional Investors and Corporate Governance State and Federal courts. As of December 2004, there were (2 June 2005) 3000 judgments on the website. Professor Geof Stapledon, Faculty of Law, University of The Director of the Centre is Professor Ian Ramsay. Melbourne The Centre’s website can be accessed at: This seminar was co-hosted with the Centre for http://cclsr.law.unimelb.edu.au/. Employment and Labour Relations Law The Centre can be contacted by email at: [email protected].

Centres and Institutes Centre for the Study of Contemporary Islam

The Centre for the Study of Contemporary Islam (CSCI) is a Research Projects joint centre located in both the Faculty of Law and the Faculty The CSCI is associated with 3 major research projects: of Arts (Asia Institute) at the University of Melbourne. • ARC Federation Fellowship: ‘Islam and Modernity: Syari’ah, Given global events over the last few years, Islam and Islamic Terrorism and Governance in South-East Asia’ (2006-2011) studies have received renewed attention. The Centre aims • ARC Discovery Project: ‘Islamic Law in Contemporary to facilitate and support Islam-related research and education Malaysia, Singapore and Brunei: The Anglo-Malay projects across the University, particularly those related Madhhab’ (2005-2007) to contemporary Islamic thought. It also aims to improve • ARC Discovery Project: ‘Reconfi guration of Islam among Australian understandings of Islam, both within the University Muslims in Australia’ (2004-2006) and throughout the wider community. Publications Aims Recent publications by Centre members include: The specifi c aims of the CSCI include: • Gully, A, ‘The Sword and the Pen: A Literary • To create a global centre of excellence in Islamic studies at Representation of an Important Historical Relationship’ in the University of Melbourne; S Gunther (ed), Insights into Arabic Literature and Islam: • To promote interdisciplinary approaches to contemporary Ideas, Concepts and Modes of Portrayal, E.J.Brill, Leiden Islamic thought at the University of Melbourne, with (2005) particular focus on areas such as law, human rights, • Lindsey, T and Pausacker, H (eds), Chinese Indonesians: pluralism, Islam in the West, interreligious relations and Remembering, Distorting, Forgetting - A Festschrift for causes of and responses to militant Islam; Charles A Coppel, Institute of Southeast Asian Studies, • To coordinate the procurement and effi cient utilization of Singapore; Monash Asia Institute, Clayton (2005) resources and infrastructure for the study of contemporary • Saeed, A (ed), Approaches to the Qur’an in Contemporary Islamic thought at the University of Melbourne; Indonesia, Oxford University Press, Oxford (2005) • To attract researchers/specialists in the study of contemporary Islamic thought of the highest calibre to the Seminars University of Melbourne; The CSCI hosts an open seminar series, titled The Melbourne • To function as a think-tank for issues related to Islam and Public Dialogues on Islam. These events cover issues relating Muslim societies; and to Islam and are relevant to academics, governmental and • To offer short courses and training to enhance community business organisations, as well as the community. understandings of Islam, Islamic thought and Muslim societies, both on ex gratia and commercial bases. The CSCI also hosts the CSCI Islam Research Seminar Series. These lunchtime seminars are more informal and are often presented by postgraduate students.

Faculty of Law 2005 Research Report Centre for the Study of Contemporary Islam

Conferences The Centre’s website can be accessed at: The CSCI hosts an annual conference on current issues http://www.csci.unimelb.edu.au relating to Islam, with the objective of producing edited The Centre can be contacted by email at: books and other publications. It also hosts an annual national [email protected] postgraduate conference on Islamic Studies. The inaugural conference was held in November, 2005, titled ‘Muslims, Secularism and the Secular State’.

Visitors The CSCI regularly hosts visits by renowned international scholars. It also participates in the following program: Partnership in Islamic Education Project The Asian Law Centre and the Centre for the Study of Contemporary Islam, together with the Asia Institute, host visits by students as part of the Partnership in Islamic Education Project (sandwich program). Students who take part in this program are staff members at an Islamic tertiary institution who are already in possession of an Indonesian Masters degree. While in Australia, these students work at the level of a non-award Masters of Research, which can later be published on their return to Indonesia.

Short Courses The CSCI offers short courses to government, business and the community to build public understandings of Islam.

Staff The Director of the Centre, Professor Abdullah Saeed, is the Sultan of Oman Professor of Arab and Islamic Studies and Head of Arabic and Islamic Studies at the Asia Institute. The Deputy Director, Professor Tim Lindsey, is Professor of Asian Law and Director of the Asian Law Centre in the Faculty of Law. Ms Kathryn Taylor is the Manager of the Centre.

Centres and Institutes Institute for International Law and the Humanities

The Institute for International Law and the Humanities IILAH’s research activities are structured around eight (IILAH) is the successor to the Institute for Comparative and Research Programmes, each led by Programme Directors International Law, which was established in the Law School based in the Faculty of Law: in 1999. In 2005, Professor Anne Orford was appointed as • History and Theory of International Law Director of the Institute, and undertook a reorganisation (Professor Anne Orford); and renaming of the Institute to refl ect the next stage of its • International Economic Law (Mr Jürgen Kurtz); development. IILAH facilitates and promotes interdisciplinary scholarship on emerging questions of international law, • International Environmental Law (Ms Jacqueline Peel); governance and justice, and strengthens the role of • International Human Rights Law Melbourne Law School as a leading centre of research in (Associate Professor Dianne Otto); this area. • International Refugee Law (Dr Michelle Foster); • Law and Development Aims and Objectives (Dr Jennifer Beard and Ms Sundhya Pahuja); IILAH is dedicated to integrating the study of international • Security and the Limits of International Law law with contemporary approaches to the humanities. The (Professor Anne Orford); modern discipline of international law has been a productive • Theories of Sovereignty and Jurisdiction site for the exploration of concepts which have also absorbed (Associate Professor Peter Rush). the humanities sovereignty, jurisdiction, force, universality, territory, asylum, peace, non-discrimination, equality, Research Activities development, imperialism, human rights, security and states of emergency. Many of the signifi cant modes of thought IILAH hosts visits of distinguished and emerging international which have framed the way in which international lawyers scholars; organises conferences, public lectures, workshops understand the world have developed in conversation with and reading groups; supervises and supports the work of the humanities. IILAH continues this engagement, through graduate research students; and undertakes and facilitates fostering dialogue with scholars working in disciplines such collaborative and interdisciplinary research projects both as anthropology, art, cultural studies, geography, history, within the University of Melbourne and internationally. linguistics, literature, philosophy, politics and theology. In doing so, it contributes to ongoing debates about the theoretical foundation and practical effect of international law IILAH focuses on encouraging the work of younger scholars in today’s political climate. and those developing new approaches to the fi eld of international law, and on facilitating engagement between IILAH undertook a range of research activities following its scholars and the community of professionals and activists creation in July 2005. working on issues of international law and governance In July 2005, IILAH hosted the 2nd Melbourne Legal Theory in Australia and the Asia Pacifi c region. IILAH seeks to Workshop, on the theme ‘The Culture(s) of Human Rights’. develop networks with scholars in international law and The Workshop explored the different forms taken by human the humanities from the global South, to explore the ways rights, and the ways in which human rights encounter in which colonial law has arrived and been received. It will ‘other’ cultures. It brought together academics and doctoral also focus on developing links with scholars in the United students from the University of Melbourne and distinguished Kingdom and in former British colonies such as Canada, India, international scholars in the humanities, international law and New Zealand, South Africa and Sri Lanka, in order to explore legal theory, including Costas Douzinas (Birkbeck College, the shared legacies of British colonialism with respect to London); Karen Knop (University of Toronto); Karen Engle international law and governance. (University of Texas); Gregor Noll (Lund University); Florian

Faculty of Law 2005 Research Report Institute for International Law and the Humanities

Hoffmann (Pontifícia Universidade Católica do Rio de Janeiro); (Institute of Postcolonial Studies; Griffi th University); Joo- and Hassan El Menyawi and Juan Amaya Castro (both of Cheong Tham (Faculty of Law); Geoff Boucher (Deakin United Nations University for Peace, Costa Rica). University); and Marika Dias (Federation of Community Legal Centres). Selected papers from the workshop have been published in a special issue of the Melbourne Journal of International Law Under the auspices of the International Human Rights ((2006) 7(1) MJIL). Law Research Programme, and in conjunction with the Centre for Employment and Labour Relations Law, IILAH In September, IILAH hosted a seminar by Philip Alston (New hosted a roundtable discussion in December on strategies York University) on ‘Writing Human Rights Reports’. Professor for invigorating the international campaign for an Optional Alston drew on his lengthy experience in various roles with Protocol to the International Covenant on Economic, Social the United Nations, particularly as UN Special Rapporteur and Cultural Rights. Invited participants included a wide on Extrajudicial, Summary or Arbitrary Executions and range of academics, activists and policy-makers, and the Chairperson of the Coordinating Committee for the UN Human proceedings of the roundtable were published in Working Rights Special Procedures, to explore the challenges and Paper No 1 of the International Human Rights Law Research complexities of drafting these documents. Programme. In October, IILAH hosted a seminar by Tarik Kochi (Griffi th The Centre’s website can be accessed at: University) on ‘Terror in the Name of Human Rights’. Dr http://iilah.unimelb.edu.au/. Kochi presented his research into ‘war’s moral problem’, and the diffi culties involved in the moral and legal judgment of The Centre can be contacted by email at: contemporary acts of terrorism by political Islamicists. [email protected]. In November, IILAH hosted a seminar in cooperation with the Contemporary Europe Research Centre (CERC) on ‘Perspectives on Turkey and the EU — Islam, Democracy and the Contemporary State’. This forum brought together H. E. Ambassador Murat Bilhan (Chairman of the Centre for Strategic Research in the Turkish Ministry of Foreign Affairs), Professor Dr Mustafa Aydin (Ankara University), and academics from the Faculty of Law, the CERC, and the Department of History. November and December saw IILAH host two public events examining the then-proposed measures to strengthen Australia’s anti-terror laws. The fi rst event, a forum on ‘Laws for Insecurity’, involved Petro Georgiou MP; Vicky Sentas (Federation of Community Legal Centres); Amir Butler (Australian Muslim Civil Rights Advocacy Network); George Williams (University of NSW; Victorian Human Rights Consultation Committee); and Brian Walters SC (Liberty Victoria). The second, a forum on ‘Anti-Terrorism and the Police State’, was organised by Peter Rush and Juliet Rogers as part of the Theories of Sovereignty and Jurisdiction Research Programme. It brought together Ian Duncanson

Centres and Institutes Intellectual Property Research Institute of Australia

Established in 2001, the Intellectual Property Research • Ownership of, Access to and Control of Cultural Property Institute of Australia (IPRIA) is one of the world’s few, and held in Cultural Institutions Australia’s only, multidisciplinary research organisation • Australian Developments in IP specialising in research on the law, economics and • International Developments in IP management of intellectual property. The institute is based at the University of Melbourne, comprising directors and • Law Reform staff from the Faculty of Law, the Faculty of Economics and • Copyright and Cultural Institutions: Digitising Collections in Commerce, and the Melbourne Business School. Public Museums, Galleries and Libraries • Uncertain Intellectual Property Rights and Start-Up IPRIA aims to produce world-class information and analysis on Commercialisation Strategy the operation and impact of intellectual property (IP) systems. • The Impact of Product Modularity on Intellectual Property The outcomes of this research can: Creation • Support the development of world’s best practice public • Human Capital Confi gurations for Knowledge Creation policy in relation to issues associated with the creation, • Cases on Innovation Commercialisation by Smaller Firms protection, management, exploitation and enforcement of intellectual property rights; • A Review of the Operation of the Australian Tax System on Intellectual Property Commercialisation Ventures • Provide insights which improve the ability of businesses, research institutions and other users of the IP systems to • On the Investment Effects of Allowing Parallel Imports: protect, manage and exploit intellectual property; and Theory and an Examination of Firm-Level Evidence • Contribute to the ongoing public debate in Australia about • Scientifi c and Technological Advances in Genetic intellectual property issues and related matters, including Engineering and Biotechnology: A Comparative Study of innovation policy, economic growth, and the public domain. Australia, the UK and USA • Estimating Consumers’ Willingness to Pay for Branded Research Projects undertaken by IPRIA Staff Consumer Goods • Economic Models of the Values of IP • The Role of IP Protection and its Use in Encouraging Innovation, Competition and Commercialisation • Intellectual Capital Metrics • National Innovative Capacity • Forecasting Patent Applications and Renewals • The Commercialisation and Appropriation of Returns to • Australian Domain Names Law and Policy Intellectual Capital by Firms • Resolving the Dilemma of Private Digital Copying of • Research & Development Property Scoreboard Copyright Material in Australia • The Evolution of Australian Enterprises: 1990 to 2007 • The Protection of National Icons • Comparative Analysis of Biotechnology Patent Examination • Triadic Patent Offi ce Granting Decision Practice • The Optimal Stage to Recognise Patent Rights • Patent Attorney Scoreboard • Intellectual Property Law and Policy-Making in Australia • Outcomes of IP Enforcement Actions in Australia • Intellectual Property Standards in the TRIPS Agreement Conferences and their Development 26 August 2005, Digitisation & Cultural Institutions, State • International Developments in Measures and Procedures Library of Victoria. for the Enforcement of Intellectual Property Rights

Faculty of Law 2005 Research Report Intellectual Property Research Institute of Australia

Seminars • 9 November 2005, IP Enforcement in Australia: • 21 February 2005, US Patent Practice: An Update from What’s Actually Happening in the Courts? Ms Kimberlee the New York Bar, Mike Rackman and Ted Weisz, Gottlieb Weatherall, IPRIA. Co-hosted by IPRIA and IPTA. Rackman and Reisman, New York. • 21 November 2005, IP Enforcement in Australia: • 21 March 2005, Competition and Intellectual Property What’s Actually Happening in the Courts? Ms Kimberlee Workshop. Professor Dennis Carlton. Weatherall, IPRIA. Co-hosted by IPRIA and IPTA. • 22 March 2005, Software Patents: Developments in Europe. Dr Justine Pila, Oxford University. Signifi cant Publications • 11 April 2005, The Future of the Patent System. Dr Reports Francis Gurry, Deputy Director General, WIPO. • Van Dyke, N (ed), R&D and Intellectual Property Scoreboard • 18 April 2005, Traditional Knowledge, Traditional Cultural (2005) Expressions and Intellectual Property: The International • Bosworth, D, Determinants of Enterprise Performance, Dimension. Dr Francis Gurry, Deputy Director General, Manchester University (2005) WIPO • Hudson, E and Kenyon, A, Copyright and Cultural • 15 June 2005, The Future of Copyright Exception. Institutions: Guidelines for Digitisation (2005) Associate Professor Robert Burrell, University of • Hudson, E and Kenyon, A, Copyright and Cultural Queensland; Chris Creswell, Attorney-General’s Institutions: Short Guidelines for Digitisation (2005) Department; Maurice Gonsalves, Mallesons Stephen Jaques; Andrew Kenyon, CMCL, The University of Melbourne; Simon Lake, Screenrights; Debra Richardson, Visitors to the Institute ASTRA; Giles Tanner, ABA; Kimberlee Weatherall, IPRIA. • Associate Professor Ann Monotti, Faculty of Law, Monash • 16 June 2005, The Future of Copyright Exception. University Associate Professor Robert Burrell, University of • Mr Paul Sugden, Faculty of Law, Monash University Queensland; Dr Andrew Kenyon, CMCL, The University of Melbourne; Ms Kimberlee Weatherall, IPRIA, The The Centre’s website can be accessed at: University of Melbourne. Co-Hosted by IPRIA and CMCL. http://www.ipria.org. • 26 July 2005, Struggling for Coherence: A Review of Recent Developments in European Trade Mark Law, The Centre can be contacted by email at: Professor David Llewelyn, Director of the IP Academy, [email protected]. Singapore. • 28 July 2005, Struggling for Coherence: A Review of Recent Developments in European Trade Mark Law, Professor David Llewelyn, Director of the IP Academy, Singapore. • 6 September 2005, Innovation and Intellectual Property Policy for the Noughties, Public Economics Forum, Associate Professor Beth Webster, IPRIA/MIAESR • 8 September 2005, Innovation and Intellectual Property Policy for the Noughties, Business Economics Forum, Associate Professor Beth Webster, IPRIA/MIAESR.

Centres and Institutes The Tax Group

About the Tax Group In addition, the Tax Group conducted research on tax and the The Tax Group at Melbourne Law School aims for excellence labour market in conjunction with the Centre for Employment in tax education and research. It offers a comprehensive and Labour Relations Law at Melbourne Law School; and postgraduate program and teaches a wide range of subjects on topics of tax reform and development; corporate tax in the LLB and JD degrees. The tax education program is in Australia and South Africa; taxation of managed funds; designed and taught by, and in conjunction with, experienced tax treaties; venture capital; and tax aspects of housing taxation practitioners including members of leading law affordability. and accounting fi rms, leading members of the Bar, former members of the Australian Taxation Offi ce, and counsel Signifi cant publications and presentations by who represent the Australian Taxation Offi ce. The program Tax Group faculty provides detailed taxation knowledge and skills of for tax Tax Group faculty co-author signifi cant tax texts. In 2005, professionals and seeks to develop the foundations of tax Associate Professor Ann O’Connell and senior lecturers Dr policy and law for research students. Michael Kobetsky and Miranda Stewart co-authored a leading tax text, Income Tax Text, Materials and Essential Cases Research in the Tax Group which in 2005 was in its 5th edition. Professor Cameron Rider The Tax Group undertakes taxation research with a technical, co-authored the prestigious text, Cooper Krever & Vann’s public policy and reform focus, and contributes at various Income Taxation Commentary and Materials, also in its 5th levels to public debate on taxation reform. The tax faculty edition. has a diverse range of tax research interests, including Professor Cameron Rider presented on the role of taxation Australian individual and corporate income tax, comparative law in regulating entry into and conduct in labour markets and international taxation, tax policy and critical perspectives at the conference ‘Labour Law, Equity and Effi ciency’ held on taxation. Much Tax Group research is interdisciplinary and at Melbourne Law School in July 2005 and gave a number comparative in nature. of Workshops on principles of tax drafting. Miranda Stewart In 2005, members of the Tax Group conducted collaborative presented on venture capital taxation in Australia and research on taxation issues associated with the New Zealand, published in the New Zealand Journal of commercialisation of intellectual property in conjunction Taxation Law and Policy and subsequently in the Journal with the Intellectual Property Research Institute of Australia of International Taxation. She also presented on the role (IPRIA). Associate Professor Ann O’Connell wrote a paper of experts in tax reform in developing countries at the Tax on taxation implications of employee share schemes for a Research Network Conference, University of Edinburgh Law report on ‘Providing shares or rights as remuneration to an IP School and at the Tax Policy Research Symposium hosted provider’ as part of this project. Professor Cameron Rider and by the University of Waterloo, Canada. Dr Michael Kobetsky Associate Professor Ann O’Connell also commenced work presented a paper on tax treaty override at the Australasian with Professor Richard Mitchell of the Centre for Employment Tax Teachers’ Association Conference in Wellington, and Labour Relations Law and Professor Ian Ramsay of New Zealand in January 2005, subsequently published in the Centre for Corporate Law and Securities Regulation on the Bulletin for International Fiscal Documentation, and a 3 year ARC-funded research project, ‘Employee Share also published on tax treaties and taxation of banking in Ownership: Current Practice and Regulatory Reform’. international tax journals.

Faculty of Law 2005 Research Report The Tax Group

Contributions to public policy and dissemination In 2005, the Tax Group continued its practice of hosting a Tax of research Discussion Group for leading members of the tax profession and academia. The Tax Discussion Group allows the tax Members of the Tax Group participate in peak professional faculty and professional colleagues, alumni and postgraduate bodies in which they play a key role in development of tax students to consider and discuss new legislation, cases and law and policy. In 2005, several members of the Tax Group strategic developments in tax law and policy. were fellows of the Taxation Institute of Australia and active members of the International Fiscal Association. Professor For more information on current and future activities of the Cameron Rider was a member of the Taxation Committee Tax Group, please see our webpage at of the Law Council of Australia. Associate Professor Ann http://www.law.unimelb.edu.au/taxgroup/ O’Connell was a member of the Advisory Panel to the Board of Taxation, the peak federal government body concerned with taxation reform. In these roles and in an individual capacity, in 2005, members of the Tax Group participated in consultation on technical tax law reform initiatives and on broad policy issues. For example, Professor Cameron Rider consulted on business capital allowances and Miranda Stewart participated in a submission to the Australian Government Venture Capital Review, jointly with tax academics from Monash University.

Tax group events and visitors In 2005, the Tax Group hosted the Inaugural Melbourne Law School Tax Lecture by one of Australia’s most eminent barristers, Allan Myers QC on the topic ‘Tax Avoidance and the High Court since Sir Garfi eld Barwick’. The purpose of this new Tax Lecture Series is to place the development of the tax law in its historical context, and to inform public debate on current tax issues. The Tax Group regularly hosts the International Fiscal Association (Australian Branch) meetings in Melbourne. At these meetings, prestigious international tax scholars and professionals present papers on important and topical issues. In 2005, the Tax Group hosted Professor David Rosenblum of New York University School of Law, USA, who spoke on international transfer pricing; Professor Kees van Raad of Leuven University, Belgium, who spoke on the topic, ‘Is the European Court of Justice destroying international income tax systems in Europe?’ and Professor Brian Arnold, University of Western Ontario, Canada, who spoke on the topic of tax treaties and tax avoidance. The Tax Group also hosted Associate Professor John Glover of Monash University Law School as a visitor during 2005.

Centres and Institutes Centre for Media and Communications Law

The Centre for Media and Communications Law (CMCL) is a • Copyright, Digitisation and Cultural Institutions Conference, centre for the research, discussion and teaching of all aspects held jointly with the State Library of Victoria of media and communications law and policy. • The Future of Copyright Exceptions, held in conjunction The centre undertakes large scale research projects. In 2005 it with IPRIA was associated with three major research projects supported • ‘The Chill of Defamation Law: NZ and Australian Journalism by the Australian Research Council, two Discovery Projects and and Law Reform’ presented by Ursula Cheer, University of one Linkage Project, and is also working with the Cancer Council Canterbury, New Zealand Victoria. The CMCL supports research visits from Australian and The current projects are: international academics, lawyers and policy makers. Discovery Projects Research visitors in 2005 were: • The Future of Television: Australian Legal Protection of • John Battle, ITN London Digital Broadcast Content (2005-2007) • Margaret Beukes, University of South Africa • Defamation Law in Context: Australian and US News • Ursula Cheer, Canterbury University, New Zealand Production Practices and Public Debate (2003-2005) • Paul Mitchell, King’s College London Linkage Projects • Ian Walden, Queen Mary, University of London • Copyright and Cultural Institutions: Digitising Collections in • Karen Yeung, St Anne’s College, Oxford University Public Museums, Galleries and Libraries (2003-2005) The director of the CMCL, Andrew Kenyon supervises Other Project undergraduate and graduate teaching and research in media • Legal Controls on Cross-border Advertising and the World and communications law. As part of its engagement with Health Organisation. (Funded by the Cancer Council the wider academic community, the CMCL hosted the fi rst Victoria, Cancer Research UK, The Cancer Council Australia MediaCommLaw 2005 academic conference, where media and National Heart Foundation of Australia) and communications academics from Australia and overseas Each year the CMCL presents a diverse array of public met to discuss current issues and teaching practices in media seminars with local and international speakers discussing and communications law. legal and regulatory developments in the area of media and The CMCL has a team of Directors from the Law School, as communications law and policy. In 2005 the CMCL hosted 10 well as Associates from across the University of Melbourne, public events in Melbourne and Sydney, including: and Research Staff. It is assisted by an Advisory Board • ‘Grokster, KaZaa and Copyright Liability’ presented by representing a wide variety of expertise in media and Professor Jane Ginsburg, Morton L. Janklow Professor of communications industries and legal practices, and receives Literary and Artistic Property Law, Columbia Law School support from the Faculty of Law as well as external sponsors and Professor Sam Ricketson of the Melbourne Law and research partners. School, who acted as a commentator It is the editorial base for the Media & Arts Law Review, a • ‘Contempt of Court and Court Reporting in England and leading refereed journal in the fi eld. Wales’ presented by John Battle from ITN News, London • ‘Communication Service Providers: Criminal Liability, The Centre’s website can be accessed at: Forensics and Investigation’ presented by Ian Waldon of http://www.law.unimelb.edu.au/cmcl/. Queen Mary, University of London The Centre can be contacted by email at: • Workplace Relations Advertising Case: Constitutional [email protected]. and Policy Perspectives, held jointly with the Centre for Constitutional Studies

Faculty of Law 2005 Research Report Academic Research Profi les

Title of section Jeremy Gans

Jeremy Gans came to Melbourne Law School as a senior lecturer in 2002 from the law faculty of the University of New South Wales, where he did his PhD and taught as a lecturer for several years. Throughout his career, he has taught and researched across the fi eld of criminal justice, from policing to proof and from criminal responsibility to punishment. In addition to law, his educational background includes a Bachelor of Science, a Doctoral thesis on proof in rape trials and a Masters in criminology. Jeremy’s research has always centred on fact-fi nding and discretionary decision-making by legal institutions, properly regarded as part of the broader fi eld of public law. Proposals he made in his fi rst published articles, on the mental element of rape, were recently adopted by the Law Reform Commission of Victoria in its report on sexual offences. Subsequent articles have examined directions on proof and motive in rape and murder trials, the commercialisation of public policing, Islamic criminal sentencing and evidence law’s infamous similar fact rule. He is the co-author of Australian Principles of Evidence, a textbook detailing the law of evidence across Australia’s ten legislative jurisdictions. He has appeared three times on Radio National’s Law Report and was appointed to working groups of the Australian Law Reform Commission in its references on Human Genetics and Sentencing. Since 2000, Jeremy’s research has concentrated on a technical development that has revolutionised not merely rape prosecutions, but also the investigation and prosecution of many other crimes. The technique of DNA identifi cation, fi rst used in England in 1986, has, since the mid-1990s, become a mainstay of Australian and comparative criminal justice. The growing use of DNA identifi cation has been accompanied by a public debate on the rights of suspects, offenders and regular citizens, as well as the prospect of increased surveillance through the use of DNA databases; nevertheless, the technique’s implementation has been unstoppable, because of dramatic successes in both solving cold cases and exonerating the wrongly convicted. Jeremy’s work has eschewed the civil liberties debate, instead examining practical and policy issues that arise from the way police use DNA identifi cation to further criminal investigations.

Faculty of Law 2005 Research Report Part of Jeremy’s research has been the detailed scrutiny coercive realities of these ostensibly voluntary practices, the of legislation developed in Australia to regulate DNA likely reform suggestion will be an increase in police powers sampling and databases. In both articles and submissions to make such screenings compulsory, with a trade-off for the to parliamentary bodies, he has argued that a focus on need for a court’s warrant before police can obtain a DNA generalised debates about rights and responsibilities has sample from a non-suspect. neglected practical issues, resulting in many Australian Jeremy’s research methodology builds upon his teaching jurisdictions being burdened by badly drafted legislation and method, which similarly eschews analysis of current ill-thought out policies. Underlying this critique is a call for judgments and legislation in favour of consideration of actual more honesty in lawmaking surrounding police practices; practice based on primary source documents. He has used the enactment of largely symbolic ‘protections’ for criminal his ARC grant to conduct detailed examinations of notable suspects advances neither the rights of citizens nor the instances of mass screenings, through media research, the interests of law enforcement. This year, Jeremy published gathering of public documents and site visits. The research an article demonstrating that poorly regulated DNA sampling will culminate a book, drawing on specifi c case examples can cause problems for one of the technique’s supposed – such as the in mass fi ngerprinting of Norfolk Island, the benefi ciaries: the victims of crime, notably rape victims. His search for Miami’s Shenandoah Rapist and the capture of alternative proposals have been endorsed by a number of law the murderer of a 10-year old in Toronto – to explain the legal reform bodies. foundations, policy dilemmas and future reform options for In 2004, Jeremy was awarded a three-year grant by this practice. Australia’s peak research funding body, the Australian Research Council, to study the police practice of mass DNA screenings, i.e. public requests to large groups for DNA samples to assist in a particular investigation. Prominent Australian examples include the screening of taxi drivers in Perth in 1997 (to investigate the Claremont Serial Killings), the request to the men of Wee Waa in 2000 (which solved a rape) and the informal sampling of 300 men across Australia as part of the inquiry into the disappearance of Peter Falconio in the Northern Territory. In an article published in 2001, Jeremy argued that legislation and debate on DNA sampling and databases had neglected the role of a mere request for volunteers to operate as surveillance of non-suspects, effectively requiring recipients to choose between surrendering their DNA or giving the police reason to think that they have ‘something to hide.’ His argument led the ALRC to recommend the regulation of mass screenings, which in turn prompted Jeremy’s bid to study such screenings in order to develop a regulatory framework. The ARC grant was within the national priority of safeguarding Australians from crime and terror through the provision of appropriate enforcement infrastructure. Recognising the

Academic Research Profi les Loane Skene

Professor Loane Skene, a specialist in Health and Medical Law, is an Adjunct Professor in the Medical Faculty as well as a Professor in the Law Faculty. She is Pro Vice-Chancellor and President of the University’s Academic Board, which is responsible for supervising all academic activities of the University and maintaining high standards in teaching and research. Loane was a solicitor for some years in her early career, working in legal practice in Melbourne and in England. She later worked as a Policy Adviser in Canada and in Melbourne (10 years with the Victorian Law Reform Commission). She has continued to serve on federal and state advisory committees, especially concerning laws on genetic technology. Last year, she was Deputy Chair of the Lockhart Committee, the federal Legislation Review Committee on human cloning and embryonic stem cell research. Since the sudden death of Justice Lockhart, she has been the Committee’s spokesperson. The Committee recommended that the relevant legislation should be amended to permit the creation of human embryos by somatic cell nuclear transfer (the ‘Dolly” technique) to derive stem cells matched to particular people. This research could potentially help treat serious medical conditions like Alzheimer’s disease and spinal injuries. However, it is contentious because of the special status that many people attach to human embryos even at the earliest stage of development. The Committee also recommended that scientists should be permitted to observe the fertilisation of human eggs formed in fertility treatment programs. This would help infertile couples by improving clinical practice and training but it is currently forbidden by the legislation. Loane’s widely used text book, Law and Medical Practice: Rights, Duties, Claims and Defences, argues that many of the ‘rights’ that patients commonly think they have are not legally enforceable and that doctors are less susceptible to civil litigation and prosecution than many believe. Even before the tort law reform, there have been numerous hurdles for patients suing doctors. Also, positive rights like the ‘right’ to treatment are problematic and the so-called ‘right to die’ is essentially a right to refuse treatment, not a right to be assisted in dying.

Faculty of Law 2005 Research Report Loane has written extensively on legal issues concerning In 2003, Loane was awarded a Centenary Medal for ‘Service proprietary rights in excised human body parts and tissue. to Australian Society through the Exploration of Legal and Many authors have advocated legal recognition of ‘ownership’ Ethical Issues of Health Care’. Her full CV, with offi ces held, rights in one’s own body and body parts. However, Loane government consultancies and publications, is at: http:// argues the current law is right in not recognising such rights, www.law.unimelb.edu.au/staff/Loane Skene/ principally because she believes human bodily material and Electronic publications are at: the information it denotes should be regarded as familial. This http://eprints.infodiv.unimelb.edu.au/archive/00001940/ is a theme of her writing and it is the basis for her argument that people should not have the right to veto familial medical information being given to close blood relatives who need it for their own health care. If necessary, she says, relatives should also be entitled to gain access to another relative’s stored tissue for their own tests. These ideas might seem to contravene privacy rights but sometimes a person’s genetic condition cannot be diagnosed by testing only that person’s tissue; it is necessary to test tissue from a relative who has the particular family mutation; or to obtain details from the relative’s medical records. Also, when a genetic condition is diagnosed in one person that may have immediate implications for other blood relatives. If informed of the genetic risk, they may be able to avoid suffering serious medical conditions, either for themselves or their children. As Loane contends, genetic information is of two kinds. The ‘familial’ aspect is that a mutation exists in a family and the nature of the mutation. The ‘individual’ aspect is a person’s own status for the mutation – positive or negative. The latter should be subject to the same privacy protection as any other medical information. It may be thought that people diagnosed with serious genetic conditions will naturally tell their relatives about the genetic risk but many people are reluctant to do that. Perhaps they don’t want to be blamed as the person who has brought a genetic disorder into the family; or they do not want to be the bearer of bad news. This has obvious legal implications for testing agencies who may assume that their warnings about genetic risks have been passed on to relatives. If relatives have not been warned and therefore miss the opportunity to be tested and to avoid a serious risk to their life or health, could they sue the testing agency? Loane is currently collaborating with researchers at the Murdoch Institute to investigate what information people in fact give their relatives, and the legal implications of that.

Academic Research Profi les Miranda Stewart

Miranda Stewart joined the University of Melbourne Law School in 2000. Miranda’s main area of teaching and research is tax law and policy. She is co-director of the postgraduate Tax program at the University of Melbourne, a Fellow of the Taxation Institute of Australia and a founding member of the Editorial Board of the Australasian Tax Teachers Association. She consults with specialist tax fi rm Greenwoods & Freehills. Miranda graduated with degrees in Mathematics and Law from the University of Sydney in 1992. She received a cadetship from the Australian Taxation Offi ce and worked as a senior policy offi cer in business tax policy and legislation in Canberra, before moving to Arthur Robinson & Hedderwicks (as it then was) as a solicitor, concentrating on corporate tax advice and litigation. In 1998, Miranda obtained an LLM in International Tax from New York University School of Law, the leading postgraduate tax program in the United States, and subsequently taught in that program for two years before joining the Law School. Miranda’s research into tax law and policy can be divided into three main areas: (a) politics and processes of tax reform; (b) taxation of business and investment entities; and (c) taxation of the family. Miranda has published numerous articles in international and national journals in each of these three areas. She brings a comparative and sociolegal approach to bear on doctrinal tax law, in particular applying discourse and institutional theory to shed new light on seemingly intractable problems of tax law reform. Miranda’s research on the politics of tax reform analyses how institutions and expert norms infl uence global and national processes of tax reform and the outcomes of these processes in terms of the justice and effi cacy of tax reform. She is currently researching consultation on tax reform in Australia and has previously investigated the role of international institutions in tax reform in developing countries. Her article, ‘Global Trajectories of Tax Reform: Mapping Tax Reform in Developing and Transition Countries’ in the Harvard International Law Journal has been reviewed and widely cited in international journals and has had an impact in institutions engaged in tax reform including the World Bank. She has analysed the IMF’s ‘mass’ engagement in tax reform projects in an article in the British Tax Review and is contributing to a forthcoming book on the global transfer of ideas about taxation.

Faculty of Law 2005 Research Report Miranda has presented on these topics at numerous and the exclusion of same-sex couples and other family conferences and workshops in the US, Canada and the UK structures from this normative ideal. In a forthcoming Sydney and has been invited to present on the political legitimacy of Law Review article, Miranda analyses how this normative engagement of international institutions in tax reform at the ‘family’ is embedded in the law even following reforms by fi rst OECD International Conference on Tax and Development government to extend superannuation tax concessions to to be held in November 2006 at the University of Michigan. ‘interdependency relationships’. Miranda is co-author of a book on death and taxes in Australia and an ongoing theme Miranda is currently editing a special issue of the socio-legal in her work is the intersection of family, property, wealth journal Law in Context on the politics of tax reform, which and fairness in Australian tax law. She has presented and brings together leading edge research from Australia and published on tax and distributive justice philosophies and on overseas. narratives of fairness and avoidance in Australia. Miranda has published several articles, reports and contributions to reference works on the taxation of business and investment entities. She has been a chief investigator on an ARC large grant to research the Australian taxation of international investment intermediaries and has published comparative research on taxation of companies, partnerships and managed funds in Australian Tax Forum, Australian Tax Review and international reference works. Recent work includes a major article on Australia’s efforts to encourage venture capital investment, published in the New Zealand Journal of Tax Law and Policy and the Journal of International Taxation and which won the prize for the best conference paper at the Australasian Tax Teachers Association Conference in 2005. This research is part of a collaborative project examining tax issues in commercialisation of intellectual property being conducted with colleagues at the Law School, funded by the Intellectual Property Research Institute of Australia (IPRIA). The project examines how Australian tax law concerning business entities and intellectual property assets may impede effective commercialization of Australian research and development. This research has reached a wide audience through publication as IPRIA Working Papers and Reports and in IPRIA presentations. Miranda is currently preparing a comprehensive evaluation of Australia’s tax treatment of business assets for the Australian Tax Research Foundation with the aim of identifying strengths and weaknesses and making recommendations for future reform. The third strand of Miranda’s tax research draws on discourse, narrative and feminist theory in analysing taxation of individuals and families. Miranda has published on the way in which tax and welfare laws construct a normative family

Academic Research Profi les Published Research

Faculty of Law 2005 Research Report 47 Published Research

Books Authored Ricketson, S and Richardson, M, Intellectual Property: Austin, R, Ford, H and Ramsay, I, Company Directors: Cases, Materials and Commentary (3rd ed), LexisNexis Principles of Law and Corporate Governance, LexisNexis, Butterworths, Sydney (2005) Chatswood (2005) Rush, P and Yeo, S, Criminal Law Sourcebook, LexisNexis, Austin, R and Ramsay, I, Ford’s Principles of Corporations Chatswood (2005) Law (12th ed), LexisNexis Butterworths, Sydney (2005) Walker, G, Reid, T, Hanrahan, P, Ramsay, I and Burrows, J and Cheer, U, Media Law in New Zealand Stapledon, G, Commercial Applications of Company Law in (5th ed), Oxford University Press, South Melbourne (2005) New Zealand (2nd ed), CCH New Zealand, Auckland (2005) Ellinghaus, M, Wright, E and Karras, M, Models of Contract Woodward, S, Bird, H and Sievers, A, Corporations Law in Law: An Empirical Evaluation of their Utility, Federation Press, Principle (7th ed), Lawbook Company, Sydney (2005) Sydney (2005) Ellinghaus, M, Australian Cases on Contract 2005 Edition Books Edited (6th ed), Code Press, Melbourne (2005) Davies, M (ed), Jurisdiction and Forum Selection in Hanrahan, P, Ramsay, I and Stapledon, G, Commercial International Maritime Law: Essays in Honor of Robert Force, Applications of Company Law, CCH Australia, New South Kluwer Law International, The Hague (2005) Wales (2005) Gillespie, J and Nicholson, P (eds), Asian Socialism & Legal Hanrahan, P, Ramsay, I and Stapledon, G, Change: The Dynamics of Vietnamese and Chinese Reform, Commercial Applications of Company Law Asia Pacifi c Press, Canberra (2005) (6th ed), CCH Australia, New South Wales (2005) Lindsey, T and Pausacker, H (eds), Chinese Indonesians: Hanrahan, P, Stapledon, G, Ramsay, I, Yeo, V and Lee, J, Remembering, Distorting, Forgetting, Monash University Press, Commercial Law – Singapore, CCH Asia Pacifi c, Singapore Clayton (2005) (2005) Mitchell, A (ed), Challenges and Prospects for the WTO, Hunter, J, Cameron, C and Henning, T, Litigation I: Civil Cameron May, London (2005) Procedure and Litigation II: Evidence and Criminal Process (7th ed) LexisNexis Butterworths, Sydney (2005) Book Chapters Kobetsky, M, O’Connell, A and Stewart, M, Income Tax Biddulph, S, ‘Mapping Legal Change in the Context of Text, Materials and Essential Cases, Federation Press, Sydney Reforms to Chinese Police Powers’ in J Gillespie and P (2005) Nicholson (eds), Asian Socialism & Legal Change: The Paterson, J, Robertson, A and Heffey, P, Contract: Cases and Dynamics of Vietnamese and Chinese Reform, Asia Pacifi c Materials (10th ed), Lawbook Company, Sydney (2005) Press, Canberra (2005), 212-238 Paterson, J, Robertson, A and Heffey, P, Principles of Contract Biddulph, S, ‘The Role of Layers in Criminal Trials in Victoria’ Law (2nd ed), Lawbook Company, Sydney (2005) in C Fan (ed), Reform and Prospect of the Criminal Pretrial Procedure, University of the Chinese People’s Public Security Peel, J, The Precautionary Principle in Practice: Environmental Press, Beijing (2005), 665-679 Decision-Making and Scientifi c Uncertainty, Federation Press, Sydney (2005) Bryan, M, ‘The Liability of the Recipient: Restitution at Common Law or Wrongdoing in Equity?’ in S Degeling and J Edelman (eds), Equity in Commercial Law, Thomson Lawbook Company, North Ryde (2005), 327-348

Published Research Published Research

Chapman, A, ‘Work/Family, Australian Labour Law, and the Kurtz, J, ‘The Delicate Extension of MFN Treatment to Foreign Normative Worker’ in J Conaghan and K Rittich (eds), Labour Investors: Maffezini v Kingdom of Spain’ in T Weiler (ed), Law, Work, and Family, Oxford University Press, New York International Investment Law and Arbitration: Leading Cases (2005), 79-97 from the ICSID, NAFTA, Bilateral Treaties and Customary International Law, Cameron May, London (2005), 523-555 Crommelin, M, ‘Constitutional Challenges Posed by National Security: An Australian Story’ in P O’Brien and B Vaughn Lindsey, T, ‘Reconstituting the Ethnic Chinese in Post- (eds), Amongst Friends, Otago University Print, New Zealand Soeharto Indonesia: Law, Racial Discrimination, and Reform’ (2005), 121-128 in T Lindsey and H Pausacker (eds), Chinese Indonesians: Remembering, Distorting, Forgetting, Monash University Press, Evans, S, ‘Continuity and Flexibility: Executive Power in Clayton (2005), 41-76 Australia’ in P Craig and A Tomkins (eds), The Executive and Public Law: Power and Accountability in Comparative Lockhart, N and Mitchell, A, ‘Regional Trade Agreements Perspective, Oxford University Press, London (2005), 89-123 under GATT 1994: An Exception and its Limits’ in A Mitchell (ed), Challenges and Prospects for the WTO, Cameron May, Evans, S and Donaghue S, ‘Standing to Raise Constitutional London (2005), 217-252 Issues in Australia’ in R Kay (ed), Standing to Raise Constitutional Issues: Comparative Perspectives, Bruylant, McCormack, T, ‘The Use of Force’ in S Blay, R Piotrowicz Brussels (2005), 115-144 and M Tsamenyi (eds), Public International Law: An Australian Perspective, Oxford University Press, South Melbourne Force, R and Davies, M, ‘Forum Selection Clauses in (2005), 223-257 International Maritime Contracts’ in M Davies (ed), Jurisdiction and Forum Selection in International Maritime Mitchell, A, ‘Due Process in WTO Disputes’ in R Yerxa and Law, Kluwer Law International, The Hague (2005), 1-58 B Wilson (eds), Key Issues in WTO Dispute Settlement, Cambridge University Press, Cambridge (2005), 144-160 Garnett, R, ‘Reform of Australian Jurisdiction and Judgments Law by International Treaty: The Lugarno Option’ in M Groves Mitchell, A, ‘Introduction’ in A Mitchell (ed), Challenges and (ed), Law and Government in Australia, Federation Press, Prospects for the WTO, Cameron May, London (2005), 1-8 Sydney (2005), 241-271 Nguyen, H and Steiner, K, ‘Ideology and Professionalism: Gillespie, J and Nicholson, P, ‘The Diversity and Dynamism The Resurgence of the Vietnamese Bar’ in J Gillespie and of Legal Change in Socialist China and Vietnam’ in J Gillespie P Nicholson (eds), Asian Socialism & Legal Change: The and P Nicholson (eds), Asian Socialism & Legal Change: The Dynamics of Vietnamese and Chinese Reform, Asia Pacifi c Dynamics of Vietnamese and Chinese Reform, Asia Pacifi c Press, Canberra (2005), 191-211 Press, Canberra (2005), 1-20 Nicholson, P, ‘Vietnamese Jurisprudence: Informing Court Harper, E, ‘United Nations Transitional Administration: Reform’ in J Gillespie and P Nicholson (eds), Asian Socialism Missions in State or Nation Building’ in H Fischer and N & Legal Change: The Dynamics of Vietnamese and Chinese Quenivet (eds), Post-Confl ict Reconstruction: Nation-and/or Reform, Asia Pacifi c Press, Canberra (2005), 159-190 State-Building, Berliner Wissenschafts-Verlag GmbH, Berlin Otto, D, ‘Disconnecting ‘Masculinities’: Reinventing the (2005), 33-54 Gendered Subject(s) of International Human Rights Law’ in D Howard, J and McCormack, T, ‘The ICC Statute and Buss and A Manji (eds), International Law: Modern Feminist Commonwealth States: Australia’ in B Brandon and M Du Approaches, Hart Publishing, Portland (2005), 105-129 Plessis (eds), The Prosecution of International Crimes: A Otto, D, ‘Freedom from Discrimination’ in R Smith and C Van Practical Guide to Prosecuting ICC Crimes in Commonwealth Den Anker (eds), The Essentials of Human Rights, Arnold States, Commonwealth Secretariat, London (2005), 127-151 Hodder Headline PLC, London (2005), 97-100

Faculty of Law 2005 Research Report Published Research

Pausacker, H, ‘Peranakan Chinese and Wayang in Java’, Yanovich, A and Voon, T, ‘What is the Measure at Issue?’ in T Lindsey and H Pausacker (eds), Chinese Indonesians: in A Mitchell (ed), Challenges and Prospects for the WTO, Remembering, Distorting, Forgetting, Monash University Press, Cameron May, London (2005), 115-163 Clayton (2005), 185-208

Prescott, J and Triggs, G, ‘Islands and Rocks and their Role Refereed Journal Articles in Maritime Delimitation’ in D Colson and R Smith (eds), Beaton-Wells, C, ‘Australian Administrative Law: The International Maritime Boundaries, Martinus Nijhoff Publishers, Asylum-Seeker Legacy’ (2005) Summer Public Law 267-285 Leiden (2005), 3245-3280 Beaton-Wells, C, ‘Customer Testimony and Other Evidence Rubenstein, K, ‘The Lottery of Citizenship: The Changing in Australian Antitrust Assessments: Searching the Oracle’ Signifi cance of Birthplace, Territory and Residence to the (2005) 33 Australian Business Law Review 448-474 Australian Membership Prize’ in S Taylor (ed), Nationality, Refugee Status and State Protection: Explorations of the Gap Beaton-Wells, C, ‘Judicial Review of Migration Decisions: Life Between Man and Citizen, Federation Press, Sydney (2005), After S157’ (2005) 33 Federal Law Review 141-175 45-61 Bicknell, E, ‘Rules, Referees and Retribution: Disciplining Sands, P and Peel, J, ‘Environmental Protection in the Employee Athletes in Professional Team Sports’ (2005) 18 Twenty-First Century: Sustainable Development and Australian Journal of Labour Law 240-269 International Law’ in R Axelrod and N Vig (eds), The Global Environment: Institutions, Law and Policy, CQ Press, Bird, H, Chow, D, Lenne, J and Ramsay, I, ‘Strategic Washington DC (2005), 43-63 Regulation and ASIC Enforcement Patterns: Results of an Empirical Study’ (2005) 5 Journal of Corporate Law Studies Saunders, C, ‘Constitutional Rights and the Common Law’ in 191-246 A Sajo and R Uitz (eds), The Constitution in Private Relations: Expanding Constitutionalism, Eleven International Publishing, Bird, J and Bird, G, ‘Human Rights and the Military: The The Netherlands (2005), 183-216 ‘Chemical Soldier’’ (2005) 30 Alternative Law Journal 81-85 Saunders, C, ‘Australia’ in J Kincaid and G Tarr (eds), Bosland, J, ‘The Culture of Trade Marks: An Alternative Constitutional Origins, Structure and Change in Federal Cultural Theory Perspective’ (2005) 10 Media and Arts Law Countries, McGill-Queen’s University Press, Montreal (2005), Review 99-116 13-47 Brennan, D, ‘Springboards and Ironing Boards: Confi dential Skene, L, ‘Theft of DNA: Do We Need a New Criminal Information as a Restraint of Trade’ (2005) 21 Journal of Offence?’ in J Gunning and S Holm (eds), Ethics, Law and Contract Law 71-95 Society, Ashgate, Aldershot (2005), 85-94 Brennan, D, ‘Teaching Common Law Method and Confucian Walker, K and Mitchell, A, ‘A Stronger Role for Customary Heritage Students’ (2005) 39 Law Teacher 181-190 International Law in Domestic Law’ in H Charlesworth, M Brennan, D, ‘The Evolution of English Patent Claims as Chiam, D Hovell and G Williams (eds), The Fluid State: Property Defi ners’ (2005) 4 Intellectual Property Quarterly International Law and National Legal Systems, Federation 361-399 Press, Sydney (2005), 110-135 Caine, E and Christie, A, ‘A Quantitative Analysis of Wood, D, ‘Retributive and Corrective Justice, Criminal Australian Intellectual Property Law and Policy-Making since and Private Law’ in P Wahlgren (ed), Perspectives on Federation’ (2005) 16 Australian Intellectual Property Journal Jurisprudence: Essays in Honor of Jes Bjarup, Stockholm 185-209 Institute for Scandinavian Law, Stockholm (2005), 541-582

Published Research Published Research

Chapman, A, ‘Challenging the Constitution of the (White and Fenwick, C and Kalula, E, ‘Law and Labour Market Straight) Family in Work and Family Scholarship’ (2005) 23 Regulation in East Asia and Southern Africa: Comparative Law in Context 65-87 Perspectives’ (2005) 21 International Journal of Comparative Labour Law and Industrial Relations 193-226 Chapman, A and Kelly K, ‘Australian Anti-Vilifi cation Law: A Discussion of the Public/Private Divide and the Work Relations Gans, J, ‘DNA Identifi cation and Rape Victims’ (2005) 28 Context’ (2005) 27 Sydney Law Review 203-236 University of New South Wales Law Journal 272-285 Chellew, J, ‘The FSR Act’s Derivative Defi nition: Cleaning Up Garnett, R, ‘Foreign States in Australian Courts’ (2005) 29 the Intraday Contract Problem’ (2005) 16 Journal of Banking Melbourne University Law Review 704-732 and Finance – Law and Practice 114-129 Garnett, R, ‘The Precarious Position of Embassy and Consular Christie, A and Caine, E, ‘Intellectual Property Law and Employees in the United Kingdom’ (2005) 54 International and Policy-Making in Australia: A Review and a Proposal for Comparative Law Quarterly 705-718 Action’ (2005) 60 Intellectual Property Forum 20-24 Garnett, R, ‘Trademarks and the Internet: Resolution of Christie, A and Dias, E, ‘The New Right of Communication in International IP Disputes by Unilateral Application of US Laws’ Australia’ (2005) 27 Sydney Law Review 237-262 (2005) 30 Brooklyn Journal of International Law 925-950 Dent, C, “The Privileged Few’ and the Classifi cation of Gaze, E, ‘Has the Radical Discrimination Act Contributed to Henwood v Harrison’ (2005) 14 Griffi th Law Review 34-60 Eliminating Racial Discrimination? Analysing the Litigation Tract Record 2000-04’ (2005) 11 Australian Journal of Human Dorsett, S and Godden, L, ‘Interpreting Customary Rights Rights 171-201 Orders Under the Foreshore and Seabed Act 2004’ (2005) 36 The Victoria University of Wellington Law Review 229-255 Godden, L, ‘Water Law Reform in Australia and South Africa: Sustainability Effi ciency and Social Justice’ (2005) 17 Journal Duffy, M, “Fraud on the Market’: Judicial Approaches to of Environmental Law 181-205 Causation and Loss from Securities Nondisclosure in the United States, Canada and Australia’ (2005) 29 Melbourne Graycar, R and Morgan, J, ‘Law Reform: What’s in it for University Law Review 621-664 Women?’ (2005) 23 Windsor Yearbook of Access to Justice 393-419 Evans, C, ‘The Double-Edged Sword: Religious Infl uences on International Humanitarian Law’ (2005) 6 Melbourne Journal Gulam, H, ‘The Peculiar Duties of an Australian Defence Force of International Law 1-32 Legal Offi cer’ (2005) 8 Canberra Law Review 111-123 Evans, C, ‘Evaluating Human Rights Education Programs’ Harper, E, ‘Delivering Justice in the Wake of Mass Violence: (2005) 11 Australian Journal of Human Rights 53-70 New Approaches to Transitional Justice’ (2005) 10 Journal of Confl ict and Security Law 1-37 Evans, S, ‘Improving Human Rights Analysis in the Legislative and Policy Processes’ (2005) 29 Melbourne University Law Horan, J, ‘Perceptions of the Civil Jury System’ (2005) 31 Review 665-703 Monash University Law Review 120-151 Fehlberg, B, ‘With All My Wordly Goods I Thee Endow?: The Howe, J, Mitchell, R, Murray, J, O’Donnell, A and Patmore, Partnership Theme in Australian Matrimonial Property Law’ G, ‘The Coalition’s Proposed Industrial Relations Changes: An (2005) 19 International Journal of Law, Policy and the Family Interim Assessment’ (2005) 31 Australian Bulletin of Labour 176-193 189-209 Fenwick, C, ‘Private Use of Prisoners’ Labour: Paradoxes of International Human Rights Laws’ (2005) 27 Human Rights Quarterly 249-293

Faculty of Law 2005 Research Report Published Research

Howe, V, Foister, K, Jenkins, K, Skene, L, Copolov, D and Lanham, D, ‘Offensive Weapons and Self-Defence’ (2005) Keks, N, ‘Competence to Give Informed Consent in Acute February 2005 Criminal Law Review 85-97 Psychosis is Associated with Symptoms Rather than Lim, A and Christie, A, ‘Reach-through Patent Claims in Diagnosis’ (2005) 77 Schizophrenia Research 211-214 Biotechnology: An Analysis of the Examination Practices of Hudson, E and Waller, S, ‘Droit de Suite Down Under: Should the United States, European and Japanese Patent Offi ces’ Australia Introduce a Resale Royalties Scheme for Visual (2005) 3 Intellectual Property Quarterly 236-266 Artists’ (2005) 10 Media and Arts Law Review 1-22 Llewellyn, D and Tehan, M, “Treaties’, ‘Agreements’, Jackson, H, ‘Potential Exposure to Legal Liabilities for ‘Contracts’ and ‘Commitments’ – What’s in a Name? The the Supply of Recycled Water and Biosolids’ (2005) 22 Legal Force and Meaning of Different Forms of Agreement Environmental and Planning Law Journal 418-430 Making’ (2005) 7 Balayi – Culture, Law and Colonialism 6-40 Jackson, H, ‘The Power to Proscribe Terrorist Organisations Luck, J, ‘lntellectual Property as a University Subject I’ (2005) Under the Commonwealth Criminal Code: Is it Open to March Intellectual Property Forum 27-30 Abuse?’ (2005) 19 Public Law Review 134-151 Luntz, H, ‘A Personal Journey Through the Law of Torts’ Jackson, H, ‘Who is Liable for Marine Pollution? Personal (2005) 27 Sydney Law Review 393-415 Liability for Ship-Sourced Oil Spills in Four Australian Luntz, H, ‘Damages in Medical Litigation in New South Jurisdictions’ (2005) 19 The Maritime Law Association of Wales’ (2005) 12 Journal of Law and Medicine 280-293 Australia & New Zealand Journal 74-95 Luntz, H, ‘Recovery of Damages for Negligently Infl icted Kaspiew, R, ‘Violence in Contested Children’s Cases: An Psychiatric Injury: Where Are We Now?’ (2005) 79 Law Empirical Exploration’ (2005) 19 Australian Journal of Family Institute Journal 48-51 Law 112-143 Magri, S, ‘Research on Human Embryos and Cloning: Kenyon, A and Milne, E, ‘Images of Celebrity: Publicity, Diffi culties of Legislating in a Changing Environment and Privacy, Law’ (2005) 10 Media and Arts Law Review 311-324 Model Approaches to Regulation’ (2005) 12 Journal of Law Kobetsky, M, ‘Attribution of Profi ts to Branches of and Medicine 483-493 International Banks: the OECD Discussion Drafts’ (2005) 20 McAsey, B, ‘A Critical Evaluation of the Koori Court Division Banking and Finance Law Review 319-360 of the Victorian Magistrates’ Court’ (2005) 10 Deakin Law Kobetsky, M, ‘Intra-Bank Loans: Determining a Branch’s Review 654-685 Business Profi ts Under Article 7 of the OECD Model’ (2005) McCormack, T, ‘Sixty Years from Nuremberg: What Progress 59 Bulletin for International Fiscal Documentation 48-62 for International Criminal Justice?’ (2005) 5 New Zealand Kobetsky, M, ‘The Aftermath of the Lamesa Case: Australia’s Armed Forces Law Review 1-18 Tax Treaty Override’ (2005) 59 Bulletin for International Fiscal McCulloch, J and Tham, J, ‘Secret State, Transparent Documentation 236-248 Subject: The Australian Security Intelligence Organisation Ladakis, E, ‘The Auditor as Gatekeeper for the Investing in the Age of Terror’ (2005) 38 Australian and New Zealand Public: Auditor Independence and the CLERP Reforms – A Journal of Criminology 400-415 Comparative Analysis’ (2005) 23 Company and Securities Law McKenzie, M, ‘European Communities – Conditions for the Journal 416-425 Granting of Tariff Preferences to Developing Countries’ (2005) Lamba, A and Ramsay, I, ‘Comparing Share Buybacks in 6 The Melbourne Journal of International Law 118-140 Highly Regulated and Less Regulated Market Environments’ (2005) 17 Australian Journal of Corporate Law 261-280

Published Research Published Research

Mitchell, A and Voon, T, ‘Justice at the Sharp End: Improving Parsley, C, ‘Public Art, Public Law’ (2005) 19 Continuum Australia’s Military Justice System’ (2005) 28 University of 239-253 New South Wales Law Journal 396-425 Peel, J and Godden, L, ‘Australian Environmental Mitchell, R, Campbell, R, Barnes, A, Bicknell, E, Creighton, Management: A ‘Dams’ Story’ (2005) 28 University of New K, Fetter, J and Korman, S, ‘What’s Going on with the ‘No South Wales Law Journal 668-695 Disadvantage Test’? An Analysis of Outcomes and Processes Peel, J, Nelson, R and Godden, L, ‘GMO Trade Wars: The Under the Workplace Relations Act 1996 (Cwlth)’ (2005) 47 Submission in the EC-GMO Dispute in the WTO’ (2005) 6 Journal of Industrial Relations 393-423 Melbourne Journal of International Law 141-166 Mitchell, R, O’Donnell, A, and Ramsay, I, ‘Shareholder Value Raffi n, L, ‘Baby Steps in the Right Direction: Does the New and Employee Interests: Intersections Between Corporate Maternity Payment Realise the Aims of Paid Maternity Leave?’ Governance, Corporate Law and Labour Law’ (2005) 23 (2005) 18 Australian Journal of Labour Law 270-291 Wisconsin International Law Journal 417-476 Ramia, G, Chapman, A and Michelotti, M, ‘How Well Do Moodie, G and Ramsay, I, ‘Compliance Committees Under Industrial Relations and Social Policy Interact? Labour Law and the Managed Investments Act 1998 (Cth)’ (2005) 33 Social Security Law in the Social Protection of Sole Parents’ Australian Business Law Review 167-189 (2005) 21 International Journal of Comparative Labour Law Morgan, J, ‘The Power of Storytelling: A Quest for a Public and Industrial Relations 249-279 Discourse on Sexual Harassment’ (2005) 7 International Rhoades, H, ‘Equality, Needs and Bad Behaviour: The ‘Other’ Journal of Discrimination and the Law 5-28 Decision-Making Approaches in Australian Matrimonial Mussawir, E, ‘The Cinematics of Jurisprudence: Scenes of Property Cases’ (2005) 19 International Journal of Law, Policy ‘Law’s Moving Image’’ (2005) 17 Law and Literature 131-152 and the Family 194-205 Nelson, R, ‘Legislation for ICM: Advancing Water Resources Richardson, M, ‘Privacy and Precedent: The Court of Appeals Sustainability?’ (2005) 22 Environmental and Planning Law Decision in Hosking v Runting’ (2005) 11 New Zealand Journal 96-129 Business Law Quarterly 82-94 Nicholson, P and Nguyen, H, ‘The Vietnamese Judiciary: The Ricketson, S, ‘Intellectual Property as a Field of Research and Politics of Appointment and Promotion’ (2005) 14 Pacifi c Rim Scholarly Inquiry: Jim Lahore as the Pioneer’ (2005) March Law & Policy Journal 1-34 Intellectual Property Forum 10-17 Orford, A, ‘Beyond Harmonization: Trade, Human Rights Robertson, A, ‘The Limits of Voluntariness in Contract’ (2005) and the Economy of Sacrifi ce’ (2005) 18 Leiden Journal of 29 Melbourne University Law Review 179-217 International Law 179-213 Rogers, J, ‘Unquestionable Freedom in a Psychotic West’ Pahuja, S, “Don’t Just Do Something, Stand There!’ (2005) 1 Law, Culture & the Humanities 186-207 Humanitarian Intervention and the Drowning Stranger’ (2005) Saunders, C, ‘Intergovernmental Agreements and the 5 Human Rights & Human Welfare 51-59 Executive Power’ (2005) 16 Public Law Review 294-313 Pahuja, S, ‘The Postcoloniality of International Law’ (2005) 46 Shi, C, ‘International Corporate Governance Developments: Harvard International Law Journal 459-469 The Path for China’ (2005) 7 The Australian Journal of Asian Palmer, A, ‘Applying Swaffi eld Part II: Fake Gangs and Law 60-94 Induced Confessions’ (2005) 29 Criminal Law Journal 111-115 Skene, L, ‘The Schiavo and Korp Cases: Conceptualising Parker, C, ‘Christian Ethics in Legal Practice: Connecting Faith End-of-Life Decision-Making’ (2005) 13 Journal of Law and and Practice’ (2005) 8 Interface 23-34 Medicine 223-229

Faculty of Law 2005 Research Report Published Research

Skene, L, ‘Withholding and Withdrawing Treatment in South Vranken, M, ‘Transfer of Undertakings in Australia and Australia When Patients, Parents or Guardian Insist Treatment New Zealand: How Suitable is the European Regulatory Must be Continued’ (2005) 24 Adelaide Law Review 161-185 Approach for Exportation?’ (2005) 21 International Journal of Comparative Labour Law and Industrial Relations 227-247 Skene, L and Luntz, H, ‘Effects of Tort Law Reform on Medical Liability’ (2005) 79 Australian Law Journal 345-363 Waugh, J, ‘Contempt of Parliament in Victoria’ (2005) 26 Adelaide Law Review 29-53 Smith, C, ‘Recognising a Valuable Lost Opportunity to Bargain When a Contract is Breached’ (2005) 21 Journal of Contract Waugh, J, ‘Disqualifi cation of Members of Parliament in Law 250-276 Victoria’ (2005) 31 Monash University Law Review 288-321 Stapledon, G, ‘Termination Benefi ts for Executives of Weatherall, K and Jensen P, ‘An Empirical Investigation into Australian Companies’ (2005) 27 Sydney Law Review 683- Patent Enforcement in Australian Courts’ (2005) 33 Federal 714 Law Review 239-286 Stapledon, G, ‘Executive Performance-Related Compensation: White, P, ‘Defence of Obedience to Superior Orders The Diffi culty in Truly Aligning with Shareholder Returns’ Reconsidered’ (2005) 79 Australian Law Journal 50-62 (2005) 23 Wisconsin International Law Journal 505-524 Witting, C, ‘Duty of Care: An Analytical Approach’ (2005) 25 Stewart, M, ‘Venture Capital Tax Reform in Australia and Oxford Journal of Legal Studies 33-63 New Zealand’ (2005) 11 New Zealand Journal of Taxation Law and Policy 216-249 Other Journal Contributions Tobin, J, ‘A Right to be no Longer Dismissed or Ignored: Banks, C, Batagol, B, Carson, R, Fehlberg, B, Harrison, M, Children’s Voices in Pedogogy & Policy Making’ (2005) Hunter, R, Kaspiew, R, Rathus, Z, Rhoades, H, Sheehan, G, 3 International Journal of Equity and Innovation in Early and Young, L, ‘Review of Exposure Draft of the Family Law Childhood 4-18 Amendment (Shared Parental Responsibility) Bill (2005)’ Tobin, J, ‘Finding Rights in the ‘Wrongs’ of our Law: Bringing (2005) 19 Australian Journal of Family Law 79-93 International Law Home’ (2005) 30 Alternative Law Journal Beaton-Wells, C, ‘Judical Scrutiny of Penalty Agreements to 164-169 Increase: Minister for Industry, Tourism & Resources v Mobil Tobin, J, ‘Increasingly Seen and Heard: The Constitutional Oil Australia Pty Ltd [2004] ATPR 41-993’ (2005) 13 Trade Recognition of Children’s Rights’ (2005) 21 South African Practices Law Journal 59-62 Journal on Human Rights 86-126 Brennan, D, ‘Patent Sceptics and Flu Fear’ (2005) 18 Tobin, J, ‘Parents and Children’s Rights Under the Convention Australian Intellectual Property Law Bulletin 107-108 on the Rights of the Child: Finding Reconciliation in a Bryan, M, ‘Review of ‘Dimensions of Private Law’ by Stephen Misunderstood Relationship’ (2005) 7 Australian Journal of Waddams’ (2005) 24 Adelaide Law Review 317-322 Professional and Applied Ethics 31-46 Caine, E and Weatherall, K, ‘Australia-US Free Trade Tobin, J, ‘What’s Wrong with the Charter Rights?’ (2005) 79 Agreement: Circumventing the Rationale for Anti- Law Institute Journal 40-43 Circumvention?’ (2005) 7 Internet Law Bulletin 121-126 Trabsky, M, ‘Deconstructing the Heteronormative Worker or Cheer, U, ‘More Privacy – Douglas !, Ok! Nil’ (2005) New Queering a Jurisprudence of Labour: A Case Study of Family Zealand Law Journal 278-280 and Personal/Carer’s Leave in Australian Labour Law’ (2005) 23 Law in Context 202-222

Published Research Published Research

Cheer, U, ‘NZ Media and Arts Law Update’ (2005) 10 Media Howe, J, ‘Review of Regulating Law Edited by C Parker, C and Arts Law Review 325-340 Scott, N Lacey and J Braithwaite’ (2005) 30 Alternative Law Journal 302 Cheer, U, ‘Privacy, the Bill of Rights and the BSA’ (2005) New Zealand Law Journal 222-224 Hudson, E and Kenyon, A, ‘Copyright Reform for Visual Artists: An Analysis of Proposals for a Resale Royalty Scheme Cheer, U, ‘Privacy and the Public Interest’ (2005) 1 Privacy in Australia’ (2005) 18 Australian Intellectual Property Law Law Bulletin 145 Bulletin 75-78 Conly Tyler, M and Evans, C, ‘Papers from the Fulbright Kurtz, J, ‘Review: the International Law on Foreign Symposium on Peace and Human Rights Education’ (2005) 11 Investment by M Sornarajah’ (2005) 4 World Trade Review Australian Journal of Human Rights 1-12 324-332 Davies, M, ‘Australian Maritime Law 2004’ (2005) Lockhart, J and Voon, T, ‘Reviewing Appellate Review in International Maritime & Commercial Law Year Book 1-13 the WTO Dispute Settlement System’ (2005) 6 Melbourne Ellinghaus, M and Wright, E, ‘The Common Law of Contracts: Journal of International Law 474-484 Are Broad Principles Better than Detailed Rules? An Empirical Marshall, S, ‘Outwork in Bulgaria’ (2005) 12 International Investigation’ (2005) 11 Texas Wesleyan Law Review 399-420 Union Rights Journal 5-7 Evans, C, ‘Book Review: Equal Before Man, Unequal Before Marshall, S, ‘Hedging Around the Question of the Allah’ (2005) 7 The Australian Journal of Asian Law 198-200 Relationship between Corporate Governance and Labour Evans, C, ‘The Human Rights Act and Administrative Law’ Regulation’ (2005) 18 Australian Journal of Labour Law 97- (2005) 197 Ethos 13-14 105 Evans, C and Evans, S, ‘Parliaments and the Protection of Mitchell, R, ‘Looking Back on a Century of Compulsory Human Rights’ (2005) 30 Alternative Law Journal 53 Arbitration’ (2005) 18 Australian Journal of Labour Law 193-195 Evans, S, ‘Symposium on Executive Power: Introduction’ (2005) 16 Public Law Review 276-278 Mitchell, R, ‘The Future of Labour Law: Liber Amicorum Sir Bob Jepple QC’ (2005) 34 Industrial Law Journal 190-192 Force, R and Davies, M, ‘U.S. Maritime Law 2004’ (2005) International Maritime & Commercial Law Year Book 174-200 Nicholson, P, ‘Book Review: Comparative Legal Studies: Traditions and Transitions’ (2005) 6 The Australian Journal of Graydon, C, ‘Local Justice Systems in Timor Leste: Washed Asian Law 203-206 Up or Watch This Space?’ (2005) 68 Development Bulletin 66-70 Orford, A, ‘Critical Intimacy: Jacques Derrida and the Friendship of Politics’ (2005) 6 German Law Journal 31-42 Gulam, H, ‘Medical Personnel and the Law of Armed Confl ict’ (2005) 6 Journal of the Australian Defence Health Service Orford, A, ‘Book Review: The Perplexities of Modern 30-33 International Law by Shabtai Rosenne’ (2005) 99 American Journal of International Law 274-280 Howard, J, ‘Book Review: The Torture Papers: The Road to Abu Ghriab by Karen Greenberg and Joshua Dratel (eds)’ Ramsay, I, ‘Corporate Duties Below Board Level – The (2005) 6 Melbourne Journal of International Law 189-203 CAMAC Discussion Paper’ (2005) 13 Australian Corporate News 149-154 Howe, J, ‘Keeping Up With Labour Law’ (2005) 18 Australian Journal of Labour Law 357-360 Ramsay, I, ‘Directors’ Duties and Stakeholder Interests’ (2005) 21 Company Director 21-22

Faculty of Law 2005 Research Report Published Research

Ramsay, I, ‘Steve Vizard, Insider Trading and Directors’ Chapman, A and Trabsky, M, ‘Plenary Session 1: The Duties’ (2005) 15 Australian Corporate News 177-183 Participation of Women in the Labour Market – Toward the Goal of Gender Equality in Employment in the 21st Century: National Richardson, M, ‘Why a Conference in Honour of Professor Report on Australia’ The International Society for Labour and Lahore’ (2005) March Intellectual Property Forum 9 Social Security Law 8th Asian Regional Congress, Taipei, 2005 Ricketson, S, ‘Jim Lahore Honoured’ (2005) March Davies, M, Hirschberg J, Lye J, Johnston C and McDonald I, Intellectual Property Forum 6 ‘Systematic Infl uences on Teaching Evaluations: The Case for Rush, P, ‘Surviving Common Law: Silence and the Violence Caution’, Australian Conference of Economists, The University Internal to the Legal Sign’ (2005) 27 Cardozo Law Review of Melbourne, Melbourne, 2005 753-766 Hudson, E and Kenyon, A, ‘Communication in the Digital Skene, L, ‘Proliferating Ethics Committees and Privacy Environment: An Empirical Study into Copyright Law and Legislation: New Fetters on Scientifi c Research’ (2005) 12 Digitisation Practices in Public Museums, Galleries and Australasian Epidemiologist 16-18 Libraries’, Communication at Work, 2005 Australia and New Zealand Communication Association Conference Proceedings Steiner, K, “Asian Values’ and Human Rights – In Search of (ANACA05), Christchurch, 2005 a New Taxonomy for Analysing Comparative Human Rights Studies in a Highly Diverse Region’ (2005) 66 Comparative Marjoribanks, T and Kenyon, A, ‘Reshaping Media Production Law Journal 191-207 Practices: Comparative News and Defamation Law’, The Australian Sociological Association 2005 Conference Stewart, M, ‘Taxes and Justice in Context’ (2005) 30 Proceedings, The University of Sydney, Sydney, 2005 Australian Journal of Legal Philosophy 134-142 Marshall, S and Mitchell, R, ‘Enterprise Bargaining, Weatherall, K, ‘Internet Cultures – Not an Oxymoron’ (2005) Managerial Prerogative and the Protection of Workers’ Rights: 27 Sydney Law Review 753-760 An Argument on the Role of Law and Regulatory Strategy Witting, C, ‘Review of Balkin and Davis, Law of Torts 3rd ed’ in Australia under the Workplace Relations Act 1996 (Cth)’, (2005) 13 Torts Law Journal 88-91 International Society for Labour and Social Security Law 8th Asian Regional Congress, Taipei, 2005 Patmore, G, ‘How Can We Be Happy At Work? Rethinking the Conference Papers Role of Labour Law’, Sorbonne University, Paris, 2005 Beaton-Wells, C, ‘Customer Testimony and other Evidence in Australian Antitrust Assessments: Searching for the Oracle’, Patmore, G, ‘Choosing the Republic’, Constitutionalism and Trade Practices Conference, Law Council of Australia, Sydney, Political Morality, Donald Gordan Centre, Queen’s University, 2005 Ontario, 2005 Beaton-Wells, C, ‘Australia’s ADJR Act: Reform or Repeal?’, Patmore, G, ‘Can Happiness be an Objective of Labour Law?’, Administrative Law Forum, Canberra, 2005 Faculty of Law, Queen’s University, Ontario, 2005 Biddulph, S, ‘Social Order, Prostitution and Legal Protections Steiner, K, “Asian Values’: Challenging the Paradigms of Individual Liberty in China’, International Seminar on of International Human Rights?’, Berlin Rountables on Protection of Personal Liberty and Legal Reform, Beijing, 2005 Transnationality: Reframing Human Rights, Irmgard Coninx Foundation, Berlin, 2005

Published Research Published Research

Reports / Working Papers Lockhart, J, Kerridge, I, McCombe, P, Marshall, B, Schofi eld, Alston, P, Tobin, J and Darrow, M, Laying the Foundations for P and Skene, L, Legislation Review: Prohibition of Human Children’s Rights: An Independent Study of Some Key Legal Cloning Act 2002 and the Research Involving Human Embryos and Institutional Aspects of the Impact of the Convention Act 2002, Australian Government, Canberra (2005) on the Rights of the Child, The UNICEF Innocenti Research Mees, B, Wehner, M and Hanrahan, P, Fifty Years of Centre, Florence (2005) Managed Funds in Australia, Investment and Financial Evans, C and Evans, S, Evaluating the Human Rights Services Association, Melbourne (2005) Performance of Australian Legislatures: A Research Agenda Nielsen, V and Parker, C, The ACCC Enforcement and and Methodology, University of Melbourne Legal Studies Compliance Survey: Report of Preliminary Findings, Australian Research Paper, Melbourne (2005) National University, Canberra (2005) Evans, S, Improving Human Rights Analysis in the Legislative Otto, D and Kent, L, Submission to the Human Rights and Policy Processes, University of Melbourne Legal Studies Consultation Committee on a Proposed Charter of Rights for Research Paper, Melbourne (2005) Victoria, University of Melbourne, Melbourne (2005) Fenwick, C, Howe, J, Marshall, S and Landau, I, Regulating Otto, D, Making United Nations Human Rights Treaty Bodies Micro and Small Enterprises: A Decent Work Agenda, More Effective: A Gender Critique of Reforms to the Reporting International Labour Organisation, Geneva (2005) Process – The Case of the ‘Common Core Document’, IWRAW Howe, J, Deregulation of Labour Relations in Australia: Asia Pacifi c Occasional Papers Series, Kuala Lumpur (2005) Toward Command and Control, Centre for Employment and Ramsay, I, Reform of the Broadcasting Authority’s Labour Relations Law Working Paper Series, University of Enforcement Powers, Australian Broadcasting Authority, Melbourne, Melbourne (2005) Centre for Corporate Law and Securities Regulation, Hudson, E and Kenyon, A, Copyright and Cultural Institutions: University of Melbourne, Melbourne (2005) Guidelines for Digitisation, CMCL and IPRIA, University of Sheehan, G, Carson, R, Fehlberg, B, Hunter, R, Tomison, A, Melbourne, Melbourne (2005) Ip, R and Dewar, H, Children’s Contact Services: Expectation Hudson, E and Kenyon, A, Mellon Study: The Integrity of and Experience, Family Law, Attorney-General’s Department, Archives, Columbia University and Mellon Foundation, New Canberra (2005) York (2005) Stewart, M, Venture Capital Tax Concessions in Australia Hudson, E and Kenyon, A, Copyright and Cultural Institutions: and New Zealand, Intellectual Property Research Institute of Short Guidelines for Digitisation, CMCL & IPRIA, University of Australia, University of Melbourne, Melbourne (2005) Melbourne, Melbourne (2005) Weatherall, K, A Comment on the Copyright Exceptions Review Kenyon, A and MacNeill, K, Freedom of Expression and and Private Copying, Intellectual Property Research Institute of Media Freedom within Pacifi c Island Countries: A Report for Australia, University of Melbourne, Melbourne (2005) the Pacifi c Media and Communications Facility, Pacifi c Media Weatherall, K, Fair Use, Fair Dealing: The Copyright and Communications Facility, Canberra (2005) Exceptions Review and the Future of Copyright Exceptions in Lenne, J, Mitchell, R and Ramsay, I, Employee Share Australia, Intellectual Property Research Institute of Australia, Ownership Schemes in Australia: A Survey of Key Issues and University of Melbourne, Melbourne (2005) Themes, Centre for Corporate Law and Securities Regulation, University of Melbourne, Melbourne (2005) Reference Works Skene, L, Health Law (2005) Fitzroy Legal Service, Fitzroy

Faculty of Law 2005 Research Report Journals and Newsletters Faculty Edited Journals and Newsletters

Refereed Journals The Journal, which is edited by Professor Gillian Triggs of The Australian Journal of Asian Law The University of Melbourne, aims to produce a publication of continuing relevance to both academic and practitioner The Australian Journal of Asian Law (Asian Law) is a forum lawyers interested in the practice and development of laws for debate for scholars and professionals concerned with the relevant to the energy and resources sector of Australia and laws and legal cultures of Asia. It aims for recognition as a development in our immediate region. leading medium for legal ideas in a region characterised by rapid growth and social change. The Journal is published in three regular parts annually. Each regular part of the Journal contains between two and Asian Law publishes multi-disciplinary, historical and three peer reviewed articles, together with notes on recent contemporary research and fi eldwork in English, in the original developments in case law and legislation, ‘comments’ on language or in translation. In the Law School, it is edited by matters of particular interest, case notes and occasional book Professor Tim Lindsey, Director of the Asian Law Centre and reviews. Ms Amanda Whiting, Associate Director (Malaysia). Company and Securities Law Journal All contributions are peer-reviewed by two referees. The journal’s advisory board includes leading Asian law scholars Company and Securities Law Journal, whose editor is in a range of disciplines from Asia, Australia, Europe and Professor Geof Stapledon and general editor is Professor America. Asian Law publishes one special thematic edition Robert Baxt (Professorial Associate of the University of every year, the most recent being devoted to Islamic law Melbourne and a Partner at Freehills), commenced publication (syariah). by the Law Book Company in 1983. Published eight times a year, it is the leading company law journal in Australasia. Correspondence should be forwarded to: Professor Ian Ramsay is a member of the Editorial Board of The Editors the Journal. The Australian Journal of Asian Law Each issue of the Journal typically contains 2 or 3 articles, C/- Asian Law Centre together with several casenotes and short ‘comments’ Faculty of Law in specialist sections (including company law, directors’ The University of Melbourne VIC 3010 duties and corporate governance, takeovers and public Australia securities, corporate insolvency, corporate fi nance, securities Telephone: + 61 3 8344 6847 industry and managed investments, accounting, current Fax: + 61 3 8344 4546 developments—legal and administrative, and overseas notes Email: [email protected] for six jurisdictions). Students are encouraged to submit casenotes and comments for the specialist sections. Article- Australian Resources and Energy Law Journal length pieces from students will also be published if they are (Formerly known as Australian Mining and of particularly high quality. Petroleum Law Journal) Media and Arts Law Review Australian Resources and Energy Law Journal is the result of a unique collaboration between the Centre for Energy and The Media and Arts Law Review (MALR) is the only Resources Law of the University of Melbourne, the Centre for Australian-based refereed journal in the fi elds of media and Mining, Energy and Natural Resources Law of the University arts law. The Review is published quarterly and examines of Western Australia and AMPLA Limited, the Resources and areas of media and arts law, including: Communications, Energy Law Association. Contempt, Copyright, Cultural Heritage, Defamation, Digitisation, Entertainment, Free Speech, Intellectual Property, Journalism, Privacy and the Public Interest.

Faculty of Law 2005 Research Report Faculty Edited Journals and Newsletters

The Review has a distinguished Editorial Board and publishes organisations, law libraries and law students. MJIL is independently refereed articles, from Australian and distributed both online and in hardcopy, with a readership international authors, as well as conference reports and book spanning locations as diverse as Hong Kong, the United reviews. It also includes regular update reports about media States, Sri Lanka, Brazil and South Africa. and arts law developments from a team of International Articles, case notes, commentaries, practice notes, book Contributing Editors. The updates offer a snapshot of matters reviews and summaries of recent legal developments are all such as case law, legislation, law reform, international encouraged by the Editors. conventions, and changes in industry self-regulation. Reports include the US, Canada, the UK, South Africa, Korea, MJIL can be contacted via telephone on +61 3 8344 7913 or Singapore, the European Union, New Zealand and Australia. email [email protected]. Dr Andrew Kenyon edits the Review, and its publisher is LexisNexis. You are invited to peruse their website at: http://mjil.law. unimelb.edu.au. Content from 2006 onward is available internationally in digital full test, from its publisher LexisNexis, as well as in paper Melbourne Legal Studies form. Earlier contents is available on the MALR website. Melbourne Legal Studies is a digital journal distributed through the United States based Legal Scholarship Network (LSN). Suitable student contributions are welcome, and the Editor is The journal publishes research by Melbourne Law School happy to discuss possible contributions or other assistance academics, including working papers, articles accepted for with the Review. publication, and book chapters. It helps bring Melbourne Law Website: http://www.law.unimelb.edu.au/malr. School research to the attention of an international academic audience. Melbourne Journal of International Law The journal is coordinated/edited by Dr Andrew Kenyon Melbourne Journal of International Law (MJIL) covers issue [email protected]. of public and private international law. It is a biannual publication that seeks to address issues of academic and Website: http://www.ssrn.com/link/melbourne-public-law. commercial interest to Australia and the Asia-Pacifi c area. html. MJIL is a fully peer-reviewed/refereed, student-edited international law journal. Melbourne University Law Review The Melbourne University Law Review (MULR) is one of Throughout 2004, there has been an increased awareness Australia’s premier generalist law journals. Submissions to the of, and interest in, international law across the wider Review are subject to independent, anonymous peer reviews community. This climate has enhanced the opportunity for prior to acceptance for publication. The Review is published MJIL to contribute to debate and discussion on a wide range three times a year (in April, August and December) and is of legal issues. MJIL publishes articles on a broad range of managed by an Editorial Board comprising students of the international law topics. The most recent edition includes Law School at the University of Melbourne. articles and commentaries on issues of the privatisation of human rights in international law, international labour law, The Review publishes articles on all areas of law, with an international criminal law, international intellectual property emphasis on Australian domestic law, international law and law, and the interaction between trade and competition comparative law. It also publishes case notes, book reviews, before the World Trade Organization. review essays and research notes. The Review’s Critique and Comment section features shorter comment-style pieces, Editions are distributed to a wide range of readers and along with full-length articles that employ explicitly theoretical organisations, including commercial enterprises, international approaches to the law.

Journals and Newsletters Faculty Edited Journals and Newsletters

The Review also publishes the Australian Guide to Legal Correspondence should be forwarded to: Citation (AGLC), which seeks to provide Australia with Professor Cheryl Saunders a uniform system of legal citation. The AGLC outlines Public Law Review established citation practices and indicates preferred C/- The Centre for Comparative Constitutional Studies approaches where no particular approach has been widely Melbourne Law School accepted. The AGLC has been adopted by a number of The University of Melbourne Australia’s leading law journals and is prescribed in some Victoria 3010 Australia Australian law schools as the house style guide. The fi rst edition of the AGLC was published in 1998, a second edition Telephone: + 613 8344 41011 was published in early 2002 and, due to popular demand, the Fax: + 613 8344 1013 AGLC was reprinted in 2003 and 2004. Email: [email protected] Any enquiries regarding the Review or the AGLC should be Torts Law Journal directed to: Professor Harold Luntz is the General Editor of the Torts Law James McComish, Rebecca Pereira and Tamara Vu (Editors) Journal, which is published by LexisNexis Butterworths. The Melbourne University Law Review Journal commenced publication in 1993, and three issues Melbourne Law School are published each year. The Journal includes casenotes, The University of Melbourne articles, comments on legislation and law reform proposals, Carlton Victoria 3010 Australia and book reviews on topics related to torts and alternative compensation schemes. The Journal aims to be of interest Telephone: + 61 3 8344 6593 to both academics and practitioners; students may also fi nd Facsimile: + 61 3 9347 8087 it useful. Contributions of suffi cient scholarly quality from Email: [email protected]. students are welcomed and have been published in the past. Website: http://mulr.law.unimelb.edu.au Public Law Review Newsletters The quarterly journal Public Law Review is edited by Professor Corporate Law Bulletin Cheryl Saunders of the University of Melbourne and Professor The Centre for Corporate Law and Securities Regulation Michael Taggart of the University of Auckland New Zealand. (CCLSR) publishes, in association with the publisher LAWLEX, Associate editors are Fiona Wheeler from the Australian the monthly Corporate Law Bulletin. The editor is Professor National University and Janet Maclean from the University Ian Ramsay. The Bulletin is distributed by email, and outlines of Auckland. The Review is a refereed journal, with an recent Australian and international corporate law and international advisory board. It is produced under the auspices corporate governance developments, including statutory of the Centre for Comparative Constitutional Studies (CCCS), amendments, court judgements, and new Policy Statements and published by Thompson, Australia. A unique feature made by the Australian Securities and Investments of the Review is its comprehensive coverage of public law Commission. Some previous issues are published on the developments in all Australian and New Zealand jurisdictions. website of the Centre for Corporate Law and Securities An undergraduate law student is employed each year at Regulation: CCCS to assist with the Review, including the compilation of recent developments. Website: http://cclsr.law.unimelb.edu.au.

Faculty of Law 2005 Research Report Journal Affi liations Journal Affi liations

Journal: Across the Board Member: Ian Ramsay Publisher: CCH Australia Ltd Position: Member of the Editorial Board Place: Sydney, Australia

Journal: Art, Antiquity and Law Member: Andrew Kenyon Publisher: Institute of Art and Law Position: Assistant Editor, Aboriginal Culture and Place: London, UK Indigenous Peoples

Journal: Australiain Journal of Philosophy Member: Natalie Stoljar Publisher: Oxford University Press Position: Member of Editorial Board Place: Oxford, UK

Journal: Australasian Parliamentary Review Member: Cheryl Saunders Publisher: Australiasian Study of Parliament Group Position: Member of Editorial Board Place: Sydney, Australia

Journal: The Australian Accounting Review Member: Ian Ramsay Publisher: The Australian Society of Certifi ed Practising Position: Member of Editorial Board Accountants Place: Melbourne, Australia

Journal: Australian Corporations & Securities Law Reporter Member: Ian Ramsay Publisher: CCH Australia Ltd Position: Consultant Editor Place: Sydney Australia

Journal: Australian and New Zealand Journal of Law and Member: Ian Ramsay Education Position: Member of Editorial Board Publisher: The Australian and New Zealand Education Law Association Place: Brisbane, Australia

Journal: Australian Feminist Law Journal Member: Jenny Morgan Publisher: Australian Feminist Law Foundation Position: Member of the Advisory Board Place: Melbourne, Australia Members: Sundhya Pahuja, Juliet Rogers Position: Members of the Editorial Board

Journal: The Australian Journal of Asian Law Members: Tim Lindsey, Amanda Whiting Publisher: Federation Press Position: Editors Place: Sydney, Australia Members: Sarah Biddulph, Sean Cooney, Pip Nicholson, Cheryl Saunders Position: Members of the Advisory Committee

Faculty of Law 2005 Research Report Journal Affi liations

Journal: Australian Journal of Family Law Member: Belinda Fehlberg Publisher: Butterworths Position: Member of the Editorial Board Place: Sydney, Australia

Journal: Australian Journal of Labour Law Member: Colin Fenwick Publisher: LexisNexis Butterworths Position: Senior Associate Editor Place: Sydney, Australia Member: John Howe Position: Associate Editor and Editor (Reports) Members: Anna Chapman, Breen Creighton, Richard Mitchell Position: Editorial Committee Members Member: Anthony O’Donnell Position: Book Review Editor

Journal: Australian Yearbook of International Law Members: Dianne Otto, Kristen Walker Publisher: Centre for International and Public Law, Position: Members of the Editorial Board Australian National University Place: Canberra, Australia

Journal: Candian Journal of Women and the Law Member: Jenny Morgan Publisher: University of Toronto Press Position: Australian Correspondent Place: Toronto, Canada

Journal: Ciberspazio e Diritto- Cyberspace and the Law Member: Andrew Christie Publisher: Mucchi Editore Position: Member of the Editorial Committee Place: Modena, Italy

Journal: Company and Securities Law Journal Member: Geof Stapledon Publisher: LBC Information Service Position: Editor, Section Editor (Directors’ Duties Place: Sydney, Australia and and Corporate Governance) Member: Ann O’Connell Position: Section Editor (Securities Industry and Managed Investments) Member: Ian Ramsay Position: Member of the Editorial Board

Journal: Corporate Law Bulletin Member: Ian Ramsay Publisher: LAWLEX Position: Editor Place: Melbourne, Australia

Journal: Corporate Ownership and Control Member: Geof Stapledon Publisher: Ukrainian Academy of Banking Position: Member of the Editorial Board Place: Sumy, Ukraine

Journal Affi liations Journal Affi liations

Journal: Criminal Law Journal Member: Robert Evans Publisher: Lawbook Company Position: Victorian Editor Place: Sydney, Australia

Journal: Deakin Law Review Member: Peter Rush Publisher: Deakin University Position: Member of the Editorial Board Place: Melbourne, Australia

Journal: Digital Technology Law Journal Member: Andrew Christie Publisher: Murdoch University Position: Member of the Editorial Board Place: Perth, Australia

Journal: Doing Business in Asia Member: Tim Lindsey Publisher: CCH Position: Contributing Editor and Member of the Place: Singapore Advisory Board

Journal: Employment Law in Asia Member: Tim Lindsey Publisher: CCH Position: Member of the Editorial Advisory Board Place: Singapore

Journal: Freedom of Information Review Member: Kim Rubenstein Publisher: Legal Services Bulletin Co-operative Ltd, Monash University Position: Member of the Editorial Board Place: Melbourne, Australia

Journal: Fibreculture Journal Member: Andrew Kenyon Publisher: Fibreculture Publications Position: Member of the Editorial Board Place: Sydney, Ausralia

Journal: Global Change, Peace and Security Member: Tim McCormack Publisher: The Institute for Peace Research, La Trobe University Position: Member of the Editorial Committee Place: Melbourne, Australia

Journal: Governance Member: Geof Stapledon Publisher: Governance Publishing and Information Services Ltd Position: Asia Pacifi c Consulting Editor and Place: Somerset, UK Member of the Editorial Board

Journal: Griffi th Law Review Members: Sir Zelman Cowen, Peter Rush Publisher: Griffi th Law Review Association Position: Members of the Editorial Board Place: Brisbane, Australia

Faculty of Law 2005 Research Report Journal Affi liations

Journal: I.CON Member: Cheryl Saunders Publisher: Oxford University Press Position: Member of the Editorial Board and Place: Oxford, UK Symposium Joint Editor Member: Simon Evans Position: Developments Correspondent, Australia

Journal: International Criminal Law Review Member: Tim McCormack Publisher: Brill Publishers Position: Member of the Editorial Board Place: Leiden, The Netherlands

Journal: International Journal of Comparative Labour Law Member: Richard Mitchell and Industrial Relations Position: Member of the Editorial Board Publisher: Kluwer Law International Place: The Hague, The Netherlands

Journal: International Journal of Information Policy and Law Member: Andrew Christie Publisher: Inderscience Position: Member of the Editorial and Place: Geneva, Switzerland Advisory Board

Journal: International Securities Regulation: Pacifi c Rim Member: Ian Ramsay Publisher: Oceana Publications Position: Consultant Editor Place: New York, USA

Journal: International Union Rights Member: Colin Fenwick Publisher: International Centre for Trade Union Rights Position: Member of the Editorial Board Place: London, UK

Journal: Intellectual Property Forum Member: Sam Ricketson Publisher: Intellectual Property Society of Australia and New Zealand Position: Member of the Editorial Board Place: Perth, Australia

Journal: Journal of Australasian Tax Teachers Association Member: Miranda Stewart Publisher: Social Sciences Research Network Position: Member of the Editorial Board Place: Internet

Journal: Journal of Confl ict and Security Law Member: Tim McCormack Publisher: Oxford University Press Position: Member of the Editorial Board Place: Oxford, UK

Journal: Journal of Corporate Law Studies Member: Geof Stapledon Publisher: Hart Publishing Position: Member of the Editorial Board Place: London, UK

Journal Affi liations Journal Affi liations

Journal: Journal of Medical Ethics Member: Loane Skene Publisher: BMJ Publishing Group Position: Member of the Editorial Board Place: London, UK

Journal: Law and Critique Member: Peter Rush Publisher: Springer Position: Member of the Editorial Board Place: Dordrecht, The Netherlands

Journal: Law and Society Review Member: Christine Parker Publisher: Blackwell Publishing Position: Member of the Editorial Advisory Board Place: Denver, USA

Journal: Media and Arts Law Review Member: Andrew Kenyon Publisher: LexisNexis Position: Editor Place: Sydney, Australia Member: Sam Ricketson Position: Member of the Editorial Board

Journal: Melbourne Journal of International Law Members: Martin Davies, Alison Duxbury, Publisher: The University of Melbourne Colin Fenwick, Richard Garnett, Place: Melbourne, Australia Tim McCormack, Ian Malkin, Anne Orford, Bruce Oswald, Student members of the Journal are responsible for all editorial work Dianne Otto, Sundhya Pahuja, Jacqueline Peel, Kristen Walker Position: Members of the Advisory Board

Journal: Melbourne Legal Studies Member: Andrew Kenyon Publisher: Social Sciences Research Network, USA Position: Editor Place: Internet

Journal: Melbourne University Law Review Members: Andrew Kenyon, Ian Ramsay, Publisher: The University of Melbourne Kim Rubenstein Place: Melbourne, Australia Position: Faculty Advisors

Student members of the Journal are responsible for all editorial work

Journal: Public Law Review Member: Cheryl Saunders Publisher: Lawbook Company Position: Editor Place: North Ryde, Australia Member: Michael Crommelin Position: Member of the Board of Advisors

Journal: Publius Member: Cheryl Saunders Publisher: Centre for Study of Federalism Position: Member of the Editorial Board Place: Pennsylvania, USA

Faculty of Law 2005 Research Report Journal Affi liations

Journal: Singapore Academy of Law Journal Members: Michael Crommelin, Ian Ramsay Publisher: Singapore Academy of Law Position: Members of the International Referees Place: Singapore

Journal: The New Zealand Armed Forces Law Review Member: Tim McCormack Publisher: Armed Forces Law Association of New Zealand Position: Consulting Editor Place: Christchurch, New Zealand

Journal: The Third World and International Law Member: Dianne Otto Publisher: Kluwer Law International Position: Member of the International Place: The Hague, The Netherlands Advisory Board

Journal: Third World Legal Studies Member: Dianne Otto Publisher: International Third World Legal Studies Association and Position: Member of the Advisory Board the Valparaiso University School of Law Place: Indiana, USA

Journal: Torts Law Journal Member: Harold Luntz Publisher: LexisNexis Butterworths Position: Editor Place: Sydney, Australia Member: Hayden Opie Position: Member of the Editorial Board

Journal: Tort Law Review Member: Michael Tilbury Publisher: LBC Information Services Position: Member of the Editorial Board Place: Sydney, Australia

Journal: Trade Practices Law Journal Member: Tim Lindsey Publisher: Lawbook Company Position: Editor, Report from Asia Place: Pyrmont, Australia

Journal: Yearbook of International Humanitarian Law Member: Tim McCormack Publisher: TMC Asser Instituut Press Position: Editor in Chief Place: The Hague, The Netherlands

Journal Affi liations Faculty Research Workshop 69 Faculty Research Workshop

14 March 2005 Kimberlee Weatherall ‘Playing PlayStation in the High Court: An Amicus Brief Advenutre’

21 March 2005 Professor Gillian Triggs ‘All You Want to Know About International Law in 13½ Chapters?’

4 April 2005 Associate Professor David Studdert (Harvard School of Public Health) ‘Frivolus Litigation – Fact or Fantasy? Evidence from Medical Malpractice Claims in the United States’

11 April 2005 Dr John Howe ‘The Use of Economic Policy Instruments as a Technique for Regulating Labour Relations in Australia: Promoting Fairness or Effi ciency?’

18 April 2005 Dr Sarah Biddulph ‘Mapping Change: Understanding Processes of Legal Reform’

26 April 2005 Professor Belinda Fehlberg and Dr Julie Willis (Faculty of Architecture, Building and Planning) ‘Assessing Research Quality’

2 May 2005 Dr Grania Sheehan (Griffi th Socio-Legal Research Centre), Rachel Carson and Professor Belinda Fehlberg ‘Children’s Contact Services: Expectation and Experience’

9 May 2005 Professor Margaret Beukes (University of South Africa, Department of Constitutional, International and Indigenous Law) ‘Hate Speech: A South African Perspective’

16 May 2005 Dr Michelle Foster ‘Socio-Economic Deprivation as Persecution: Challenging Traditional Distinctions in Refugee Law’

23 May 2005 Vanessa Stafford ‘The Melbourne Innocence Project’

25 July 2005 Dr Lee Godden and Associate Professor Maureen Tehan ‘ARC Project: Managing Land and Resources – Property, Markets and Sustainability’

1 August 2005 Dr Paul Mitchell (King’s College, London) ‘The Emergence of Injunctions for Defamation’

8 August 2005 Dr Jacqueline Horan ‘The Law and Lore of Civil Justice System’

Faculty Research Workshop 15 August 2005 Dr Ann Genovese (University of Technology Sydney) ‘The Form of the Content: Changing Experiences of Historical Experts and the Law’

22 August 2005 Dr Natalie Stoljar ‘What is Judicial Activism?’

30 August 2005 Professor Cameron Rider ‘Sellers of Labour or Investors of Intellectual Capital? Conceptual Problems in the Taxation of Employee Share Ownership in IP Spin-Off Companies’

5 September 2005 Professor Stuart Macintyre (Dean, Faculty of Arts), Professor Vera Mackie (Asian/Gender Studies,Faculty of Arts) and Professor Peter Otto (English, Faculty of Arts) ‘The Arts Faculty and ARC Research Funding’ 12 September 2005 Dr Jeremy Gans ‘You Want a Piece of Me?: Mass DNA Screening in Criminal Investigations’ 3 October 2005 Forum for the Discussion of two Research-Related Topics: ‘Keeping Up to Date with the Current Literature’ and ‘Case Law; Deciding Where to Publish’ 10 October 2005 Dr Pip Nicholson ‘Legal Culture: Reviving Defi nitional Approaches’ 17 October 2005 Dr Patrick Capps (University of Bristol) “Open’ and ‘Closed’ Approaches to Treaty Law in English Courts’ 24 October 2005 John Tobin ‘The Senate’s “Forgotten Children” Inquiry’

Faculty of Law 2005 Research Report 71

International Research Visitors Scheme Student Published Research Prize

Title of section International Research Visitors Scheme

The International Research Visitors Scheme (IRVS) is designed to enhance collaborative work between international researchers and members of the Law School IRVS Mas Achmad Santosa Recipient: Senior Lecturer, Faculty of Law, University of Indonesia Period of Visit: 9 April 2005 – 4 May 2005 and 20 June 2005 – 10 July 2005 Project: Legal Reform in Indonesia. Soeharto to Susilo Bambang Udhoyono. Indonesian Voices on Indonesian Legal Issues. The visit enabled Mas Achmad Santosa to work with Professor Tim Lindsey on producing a monograph on the theory and practice of law reform in Indonesia since the fall of Soeharto.

Faculty of Law 2005 Research Report Student Published Research Prize

2005 Winners The Student Published Research Prize is awarded annually for outstanding pieces of writing published by students of the University of Melbourne’s Law School. Two prizes are awarded, one to an undergraduate law student and the other to a postgraduate law student.

Undergraduate Jason Bosland ‘The Culture of Trademarks: An Alternative Culture Theory Perspective’ (2005) 10 (2) Media & Arts Law Review 99–116

Postgraduate Craig Hamilton Smith ‘Recognising a Valuable Lost Opportunity to Bargain When a Contract is Breached’ (2005) 21 Journal of Contract Law 250–276

Student Published Research Prize 74

Academic Staff

Faculty of Law 2005 Research Report 75 Academic Staff

Head of Department, Dean and Zelman Cowen Davies Collison Cave Professor of Intellectual Property Professor of Law Andrew Frederick Christie, BSc Melb. LLB Melb. LLM Lond. Brian Michael Lake Crommelin PhD Camb. BA Qld. LLB Qld. LLM Br.Col. PhD Br.Col. Barrister and Solicitor of the Supreme Court of Victoria Barrister-at-Law Queensland and the High Court of Australia, and Solicitor of the Supreme Court of England and Wales, Barrister and Solicitor Victoria and Papua New Guinea, Legal Registered Trade Marks Attorney Australia Practitioner Northern Territory Harold Ford Professor of Commercial Law Ian Malcolm Ramsay, BA Macq. LLB Macq. LLM Harv. Professors Solicitor of the Supreme Court New South Wales and the Michael Bryan, MA Oxf. BCL Oxf. PhD Lond. High Court of Australia and Member of the New York Bar

Camille Cameron, BA Saint Mary’s LLB New Br. LLM Camb. Professor of Asian Law Belinda Louise Fehlberg, BA Melb. LLB Melb. DPhil Oxf. Timothy Charles Lindsey, BA Melb. BLitt Melb. LLB Melb. Barrister and Solicitor Victoria and the High Court of Australia PhD Melb. Jennifer Jane Morgan, BA Syd. LLB NSW LLM Yale Barrister and Solicitor Victoria Barrister and Solicitor Victoria

Anne Margaret Orford, BA Qld. LLB Qld. LLM Lond. PhD Adel. Associate Professors and Readers Solicitor of the Supreme Court of Queensland Michael Anthony Kriton Lambiris, LLB Lond. PhD Rhodes

Staniforth Ricketson, BA Melb. LLB Melb. LLM Lond. LLD Lond. Martin Nico Alphons Vranken, LicLaw Leuven PhD Leuven FASSA LLM Yale Barrister and Solicitor of the Supreme Court Victoria and Solicitor of the Supreme Court New South Wales Associate Professors Cameron Rider, BA Melb. LLB Melb. Manfred Paul Ellinghaus, LLB Melb. LLM Yale Cheryl Anne Saunders AO, BA Melb. LLB Melb. PhD Melb. Barrister and Solicitor of the Supreme Court of Victoria Barrister Queensland (Personal Chair in Faculty of Law) Richard Garnett, BA NSW LLB NSW LLM Harv. Loane Skene, LLB Melb. LLM Monash Solicitor New South Wales, Barrister and Solicitor Victoria, Barrister and Solicitor Victoria, Barrister and Solicitor of the Solicitor of the Supreme Court of England and Wales High Court of Australia Pamela Fay Hanrahan, BA Melb. LLB Melb. Geofrey Peter Stapledon, BEcon Adel. LLB Adel. DPhil Oxf. LLM Case Western Reserve University Solicitor of the Supreme Court of South Australia and New Barrister and Solicitor of the Supreme Court of Victoria South Wales Ian Rael Malkin, BA Manit. LLB Manit. LLM Lond. Gillian Triggs, LLB Melb. LLM Southern Methodist University Barrister and Solicitor of the Queen’s Bench of Manitoba PhD Melb. Ann Margaret O’Connell, BA Melb. LLB Melb. LLM Melb. Barrister and Solicitor Victoria Barrister and Solicitor Victoria

Australian Red Cross Professor of International Dianne Lynette Otto, BA Adel. LLB Melb. LLM Melb. LLM Col. Humanitarian Law Andrew James Palmer, BA Well. LLB Monash BCL Oxf. Timothy Lloyd Hearnden McCormack, LLB Tas. PhD Monash Barrister of the Supreme Court of Victoria

Academic Staff Megan Lloyd Richardson, BA Well. LLB Well. LLM Yale LLM Robert Charles Evans, LLM Lond. Brussels Inner Temple Barrister-at-Law, Barrister and Solicitor Victoria Barrister and Solicitor of the High Court of New Zealand Simon Charles Evans, BSc Syd. LLB Syd. PhD Cant. Andrew John Robertson, LLB QIT LLM QUT PhD ANU Barrister and Solicitor of the High Court of Australia, Solicitor Solicitor of the Supreme Court of Queensland and the New South Wales Supreme Court of England and Wales Colin Fenwick, BA Melb. LLB Melb. LLM Melb. LLM Virginia Kim Rubenstein, BA Melb. LLB Melb. LLM Harv. Barrister and Solicitor Victoria Barrister and Solicitor of the Supreme Court of Victoria and of Michelle Foster, BComm UNSW. LLB UNSW LLM Michigan the High Court of Australia SJD Michigan Maureen Frances Tehan, LLB Monash BA Melb. LLM Melb. Jeremy Gans, LLB ANU BSc ANU MA Tor. PhD NSW Barrister and Solicitor Victoria, South Australia, Western Australia and the High Court of Australia, Legal Practitioner Lee Godden, GradDipEd Melb. BLegS Macqu. BA Melb. MA Melb. Northern Territory of Australia PhD Griff. Barrister and Solicitor Australian Capital Territory, Solicitor Kristen Louise Walker, BSc Melb. LLB Melb. LLM Melb. LLM Col. Queensland Barrister and Solicitor Victoria Michael Hines David Alan Russell Wood, BA ANU LLB Melb. MA Melb. PhD Melb. Peter Jones, BSc (Comp Sci) Tas.

Andrew Thomas Kenyon, LLB Melb. LLM Lond. PhD Melb. Senior Lecturers Barrister and Solicitor of the Supreme Court of Victoria Caron Beaton-Wells, LLB Melb. LLM Melb. PhD Melb. Michael Kobetsky, BEcon USyd, LLB ANU, PhD Deakin Barrister and Solicitor of the Supreme Court of Victoria Janice Luck, LLB Tas. LLM Lond. Sarah Biddulph, BA Syd. LLB Syd. PhD Melb. Barrister and Solicitor Victoria Barrister and Solicitor of the High Court of Australia, Solicitor New South Wales Pip Nicholson, BA Melb. LLB Melb. LLM (Public Policy) ANU PhD Melb David Carter, BEco Monash. Hayden David Opie, BComm Melb. LLB Melb. LLM Tor. Anna-Louise Margaret Chapman, BComm Melb. LLB Melb. Barrister and Solicitor Victoria LLM Melb. Barrister and Solicitor Victoria Sundhya Pahuja, BA Melb. LLB Melb. LLM Br.Col. Barrister and Solicitor of the Supreme Court of Victoria Sean Thomas Cooney, BA Melb. LLB Melb. LLM Melb. LLM Col. JSD Col. Christine Parker, BA Qld. LLB Qld. PhD ANU Barrister and Solicitor Victoria and the High Court of Australia Glenn Anthony Patmore, BA Monash LLB Monash LLM Queens Alison Duxbury, BA Melb. LLB Melb. LLM Camb. Barrister and Solicitor of the Supreme Court of Victoria Barrister and Solicitor of the Supreme Court of Victoria Jacqueline Peel, BSc Qld. LLB Qld. LLM NYU Carolyn Evans, BA Melb. LLB Melb. DPhil Oxf. Solicitor of the Supreme Court Queensland Barrister and Solicitor of the Supreme Court of Victoria Helen Rhoades, LLB Melb. LLM Melb. Barrister and Solicitor Victoria

Faculty of Law 2005 Research Report Academic Staff

Peter Rush, BA NSW LLB NSW MPhil Cant. PhD Edin. Bruce Oswald CSC, BBus RMIT LLB ANU LLM Lond. MA Kent Barrister New South Wales Miranda Stewart, BSc Syd. LLB Syd Grad Dip ANU LLM NYU Barrister and Solicitor Victoria Lisa Koralia Sarmas, BA Melb. LLB Melb. LLM Melb. Barrister and Solicitor of the Supreme Court of Victoria John Charles Waugh, LLB Melb. BComm Melb. BA Melb. LLM Melb. MPhil Cant. Vanessa Stafford, LLB Griff. BBus Griff. Barrister and Solicitor Victoria Stacey Steele, BA Qld. MA Monash BL ML Melb. Christian Witting, BEc Monash LLB Monash SJD Melb. Michelle Taylor-Sands, BA Monash LLB Monash Barrister and Solicitor of the High Court of Australia Joo-Cheong Tham, LLB Melb. LLM Melb. Lecturers John Tobin, BA Melb. BComm Melb. LLB Melb. LLM Lond. Bronwyn Frances Bartal, BJuris Monash LLB Monash Barrister and Solicitor of the Supreme Court of Victoria and of DipEd SCVic DipCrim Melb. LLM Melb. the High Court of Australia Barrister and Solicitor Victoria Kimberlee Weatherall, BA Syd. LLB Syd. BCL Oxf. LLM Yale Matthew Bell, BA Melb. LLB Melb. LLM Melb. Solicitor of the Supreme Court of New South Wales

Helen Louise Bird, BComm Qld. LLB Qld. Amanda Whiting, BA Melb. DipEd Melb. GradDip Indonesia. LLB Melb. Barrister and Solicitor Victoria

David Blumenthal, BA Melb. LLB Melb. PhD Melb. ARC Queen Elizabeth II Fellow Natalie Stoljar, BA Syd. LLB Syd. PhD Princeton David Brennan, BComm Melb. LLB Melb. PhD Melb.

Arlen Duke, BComm Melb. LLB Melb. Research Fellows Matthew Harding, BA Melb. LLB Melb. BCL Oxf. Jason Bosland, BA/LLB Melb. Michelle Herring, BComm Monash LLB Monash Chris Dent, LLB/BA Murdoch PhD Murdoch Barrister and Solicitor of the Supreme Court of Victoria Saba Elkman, BA Melb. LLB Melb. Jacqueline Horan, BA Monash LLB Monash LLM Monash PhD Melb. Barrister and Solicitor of the Supreme Court of Victoria Barrister and Solicitor of the High Court of Australia, Barrister and Solicitor of the Supreme Court of Victoria Emily Hudson, BSc Melb. LLB Melb.

Jessica Howard, BA Melb. LLB Melb. Meredith Jones, BA Monash LLB Monash GradCertAppSc Swin LLM Monash Enelia Jansen van Rensburg, BA Uni of Stellenbosch LLB Uni of Stellenbosch LLM Uni of Capetown Lia Kent

Sunita Jogarajan, BComm Melb. LLB Melb. Sophie Killen, BA/LLB QUT

Jürgen Kurtz, BA Melb. LLB Melb. LLM Melb. Shelley Marshall, BA Melb. LLB Melb. MSc Development Studies LSC

Victor New, LLB Melb. BComm Melb. LLM Lond. Brenda Masters, BA Adel. LLB Adel. Grad. Dip in Legal Practice Barrister and Solicitor Victoria Law Society of South Australia Barrister and Solicitor South Australia

Academic Staff Academic Staff

Anthony O’Donnell, BA Melb. LLB Melb. LLM Melb. John Farrar, LLB Lond. LLM Lond. LLD Lond. PhD Brist. Barrister and Solicitor Victoria Barrister and Solicitor of the High Court of Australia

Robin Wright, LLB LaTrobe. MA(Women’s Studies) Monash. Francis Gurry, LLB Melb. LLM Melb. PhD Cant. BMus Melb. Doug Jones AM, BA Qld. LLB Qld. LLM Qld.

James Lahore, BCL Oxf. LLB Melb. MA Oxf. LLM Penn. LLD Melb. Principal Fellows Solicitor of the Supreme Courts of Victoria, Australian Capital George Beaton, MBBCH, PLD, MBA (Witwatersrand) Territory, New South Wales and Western Australia

Lt Colonel Michael Kelly AM, BA Macq. LLB Macq. PhD NSW David John Lanham, LLB Leeds BCL Oxf. Barrister-at-Law Lincoln’s Inn Robert Mathews OAM, BSc Monash MSc La Trobe Harold Luntz, BA Witw. LLB Witw. BCL Oxf. LLD Melb. Barrister and Solicitor Victoria Senior Fellows Ursula Cheer, LLB Cant. LLM Camb. Richard James Mitchell, LLB Melb. LLM Melb. MSc Lond. Barrister and Solicitor of the High Court of New Zealand Barrister and Solicitor Victoria (Appointed Professorial Fellow 1 July 2004) Colonel Andrew Dunn, BSc Monash LLB Monash Gaetano Tony Pagone QC, BA Monash DipEd Monash Andrew Mitchell, LLB Melb. BComm Melb. LLM Harv. LLB Monash LLM Camb. Barrister and Solicitor of the Supreme Court of Victoria Charles Rickett, LLB Cant. BD Melbourne College of Divinity Tania Voon, BSc Melb. LLB Melb. LLM Harv. MA Oxf. MA Cant. Barrister and Solicitor of the Supreme Court of Victoria and the High Court of Australia Robin Lorimer Sharwood AM, BA Melb. LLB Melb. LLM Berk. SJD Harv. Barrister and Solicitor HONORARY STAFF Malcolm David Hamilton Smith, LLB Melb. LLM Melb. Emeritus Professor LLM Harv. SJD Harv. The Rt Honourable Sir Zelman Cowen, AK GCMG GCVO PC Barrister and Solicitor of the Supreme Court of Victoria QC MA DCL, Hon. LLD Oxf. San-Hyun Song, LLB Seoul LLM Tulane Harold Ford, LLM Melb. SJD Harv. Hon LLD Melb. The Rt Honourable Sir Ninian Stephen, Colin Howard, BA Melb. LLB Lond. LLM Lond. PhD Adel. LLD Melb. KG AK GCMG GCVO KBE

Edward Sykes, BA Qld. LLB Melb. LLM Melb. PhD Melb. Michael Tilbury, LLB Lond. BCL Oxf. Barrister of the Supreme Court of New South Wales and Professorial Fellows Barrister of the High Court of Australia Ian Bailey SC Colonel Ian Westwood, LLB Syd. LLM JAG Army US

Breen Creighton, LLB Belf. LLB Melb. PhD Cant. Douglas Williamson RFD QC FAIM, LLB Melb. QC Victoria, New South Wales, Western Australia, Tasmania, Martin John Davies, BA Oxf. BCL Oxf. MA Oxf. LLM Harv. Australian Capital Territory and Northern Territory The Honorable Sir Daryl Dawson, AC KBE CB LLB Melb. LLM Yale

Faculty of Law 2005 Research Report Academic Staff

Blake Dawson Waldron Professorial Fellow John Dorter, Allens Arthur Robinson Sandford Delbridge Clark, LLB Adel. PhD Melb. Costas Douzinas, Birkbeck College, University of London Barrister and Solicitor Victoria and South Australia Peter Drahos, Australian National University Timothy Edgar, University of Western Ontario EXTERNAL STAFF Karen Engle, University of Texas Senior Fellows (Graduate Program) Ben Fitzpatrick, Victorian Bar Paul Ali, University of NSW Michael Flynn, Victorian Bar Fiona Alpins, Victorian Bar Doug Ford, US Committee for Refugees Carol Andrades, Consultant, Ryan Carlisle Thomas Peter Fox, Victorian Bar Chris Arup, Victoria University Martin Fry, Allens Arthur Robinson Ian Bailey, Director of Studies, Construction Law, New South Wales Bar Michael Furmston, University of Bristol Joel Barolsky, Beaton Consulting Jonathan Gill, Francis Abourizk Lightowlers Duncan Baxter, Deloitte Touche Tomatsu Peter Gillies, Pitcher Partners Margaret Beaton, Beaton Consulting Jane Ginsberg, Columbia University David Bennett QC Michelle Gordon, Victorian Bar Daniel Blue, Freehills Wael Hallaq, McGill University Judy Bourke, Solicitor Peter Hallett, Griffi th Hack Douglas Branson, School of Law, University of Pittsburgh Frances Hanks, formerly Senior Lecturer, Melbourne Law School Michael Bridge, University College London Peter Harcourt, Victorian Institute of Sport Eugenie Buckley, Australian Soccer Assoication Gitte Heij, Deacons Ross Buckley, Bond University Ray Hinde, Davies Collinson Cave Noel Byrne, Consultant, London Paul Hockridge, William Buck David Caudill, Washington and Lee University Florian Hoffman, Catholic University of Rio de Janero Jason Chang, KPMG Daniel Hunter, University of Pennsylvania Nicola Charwat Deena Hurwitz, University of Virginia Simon Chesterman, New York University Richard Ingleby, Victorian Bar Philip Crutchfi eld, Victorian Bar Sam Johnston, United Nations University Institute of Rajeev Dhavan, Public Interest Legal Support and Research Advanced Studies Centre, India Cally Jordan, World Bank Terence Daintith, University of Western Australia Karen Knop, University of Toronto Jan Job de Vries Robbé, Minter Ellison

Academic Staff Academic Staff

Patricia Lane, New South Wales Bar, National Native Title David Sandborg, City University of Hong Kong Tribunal Fred Schenck, PJA Accountants Jacqueline Lipton, Case Western reserve University Richard Shaddick, Shaddick and Spence Damien Lockie, Victorian Bar John Sharkey, Deacons Ruth MacKenzie, University College London Ivan Shearer, University of Sydney Ambreena Manji, University of Warwick Mark Sidel, University of Iowa Geoff Mansfi eld, Griffi th Hack Gerry Simpson, London School of Economics Oliver Moréteau, Institute of Comparative Law, Karen Sinclair, Watermark Patent and Trade Mark Attorneys Université Jean Moulin Lyon III Allen Snyder, University of San Diego Derek Morgan, Cardiff University Allison Stanfi eld, eLaw Australia John Morgan, Allens Arthur Robinson Andrew Stephenson, Clayton Utz Jim Murray, TT Legal Trevor Stevens, Davies Collison Cave Richard Naughton, PWC Legal Andrew Stewart, Flinders University Graeme Neate, National Native Title Tribunal John Stonier, Licensing Consultant Stephen Newman, Cornwall Stodart Benny Tabalujan, Melbourne Business School Tim Nielson, Greenwoods & Freehills David Tadgell, Philips Ormonde Fitzpatrick Beth Noveck, New York Law School Michael Taggart, University of Auckland Frank O’Loughlin, Victorian Bar Rachel Trindade, Consultant Raul Pangalangan, University of the Philippines Michael Tuckfi eld, Clayton Utz Anita Ramasastry, University of Washington Ewan Vickery, Minter Ellison Steven Ratner, University of Michigan Frank Vogel, Harvard University Moira Rayner, WA Anti-Corruption Commission Chris Ward, New South Wales Bar Greg Reinhardt, Australian Institute of Judicial Administration Tony Ward, Griffi th Hack James Renwick, New South Wales Bar Doug Young, Blake Dawson Waldron Craig Richards, Carlton Football Club Senior Fellows (The Melbourne JD) Carrie Rome-Sievers, Victorian Bar Peter Bayne, Consultant to the Auditor-General, ACT Warwick Rothnie, Victorian Bar Jennifer Beard, Victorian Bar Peter Rozen, Victorian Bar David Carter, Baker & McKenzie Gretta Rusanow, Curve Consulting Gary Cazalet, Victorian Bar Debra Russell Daniel Clough, Victorian Bar Des Ryan, Davies Collison Cave Michael Croucher, Victorian Bar

Faculty of Law 2005 Research Report Academic Staff

Francois du Bois, University of Capetown, Ben Fitzpatrick, Victorian Bar Emily Hammond, PhD Candidate Ed Heerey, Victorian Bar Kerrie Henderson, Henderson Walton Consulting Pty Ltd Elizabeth Jane Hollingworth SC, Judge of the Supreme Court of Victoria Gail Hubble, Victorian Bar Greg Lyons, VCAT Sonia Magri, PhD Candidate Fiona McKenzie, Blake Dawson Waldron Peter Morrissey, Victorian Bar Richard Niall, Victorian Bar Laurie Neville, Retired, previously The Law Institute of Victoria Paula O’Brien, Public Interest Law Clearing House (Vic) Inc Paul O’Grady, Victorian Bar Bill Rimmer, Victorian Bar Daniel Visser, University of Capetown Paul Vout, Victorian Bar Jane Walton, Henderson Walton Consulting Pty Ltd

Academic Staff Faculty Centres and Institutes

Faculty Centres and Institutes

Asia Pacifi c Centre for Military Law Director Professor Tim McCormack

Asian Law Centre Director Professor Tim Lindsey

Centre for Comparative and Constitutional Studies Director Dr Simon Evans

Centre for Corporate Law and Securities Regulation Director Professor Ian Ramsay

Centre for Employment and Labour Relations Law Director Mr Colin Fenwick

Centre for Media and Communications Law Director Associate Professor Andrew Kenyon

Centre for Resources Energy & Environmental Law Director Professor Richard Garnett

Centre for the Study of Contemporary Islam Directors Professor Abdullah Saeed Professor Tim Lindsey

Institute for International Law and the Humanities Director Professor Anne Orford

Intellectual Property Research Institute of Australia Director Professor Andrew Christie

Faculty of Law 2005 Research Report 83

Research Higher Degrees Completed in 2005 and In Progress

Title of section 84 Research Higher Degrees Completed in 2005

Doctor of Philosophy Mutai, H The Regulation of Regional Trade Agreements; Harnessing Bell, L the Energy of Regionalism to Power a New Era in Multilateral The 1858 Trial of the Mughal Emperor Bahadur Shah II ‘Zafar’ Trade for ‘Crimes Against the State’ Supervisor: Gillian Triggs Supervisor: Gillian Triggs Phathanacharoen, K Cassar, A Cybercrimes: Legislative Measures for Thailand Implementing International Environmental Law in Domestic Supervisors: David Wood and Richard Garnett Environmental Management: Wetlands of International Importance in Australia and the People’s Republic of China Sharpe, M Supervisors: Gillian Triggs and Brian Finlayson Freedom and Fairness in Contract Law Supervisors: Christine Parker and Richard Mitchell Forsyth, A Transplanting Social Partnership: Can Australia Borrow from Stepniak, D European Law to Improve Employee Participation Rights in Electronic Media Coverage of Court Proceedings: The Business Restructuring? Australian Experience in the Light of International Supervisor: Richard Mitchell Developments Supervisors: Ian Ramsay and Peter Johnston French, R The Prohibitions in Section 51(ii) and 99 of the Tsonis, A Commonwealth Constitution Against Discriminating Between Aporias of Sovereignty or Giving Preference to States in Laws of Taxation, Trade, Supervisor: Peter Rush Commerce and Revenue. Supervisor: Cheryl Saunders Doctor of Juridical Science Hepburn, S Rejecting the Feudal Doctrine of Tenure within a Pluralist Land Waller, V Culture: Toward an Alloidal Land Model Limitation Periods in Child Sexual Assault Litigation in Victoria Supervisors: Michael Bryan and Maureen Tehan Supervisor: Loane Skene

Horan, J Wilson, E The Civil Jury System – An Empirical Study The SAVAGE REPUBLIC: De Indis of Hugo Grotius, Primitive Supervisors: Peter Rush and Camille Cameron Legal Scholarship, and Dutch Hegemony in the Early Capitalist World-Economy (1603-1608) Indrayana, D Supervisors: Gillian Triggs and Tim Lindsey Indonesian Constitutional Reform 1999-2002: An Evaluation of Constitution-Making in Transition Supervisors: Cheryl Saunders and Tim Lindsey Master of Laws by Thesis

Kaspiew, R Mussawir, E Mothers, Fathers and Parents: The Construction of Parenthood Territories of Desire, Territories of Speech: On Jurisprudence in Contemporary Family Law Decision Making and Jurisdiction Supervisors: Jenny Morgan and Belinda Fehlberg Supervisors: Peter Rush and Jenny Morgan

Faculty of Law 2005 Research Report Research Higher Degrees in Progress Includes theses under examination

Doctor of Philosophy Bird, J The Bioethics of Body Technologies: Mapping the Boundaries Abou-Elyousr, K of the Human of Rights Discourse The Palestinian-Israeli Confl ict in International Law: The Role Supervisor: Natalie Stoljar of the UN Security Council Supervisors: Gillian Triggs Blakie, J Does Facilitative Mediation Provide a Paradigm of Justice for Allen, D the Resolution of Boundary Disputes Between Neighbours? Improving the Effectiveness of Australia’s Anti-Discrimination Supervisors: Greg Reinhardt, David Wood and Leonardo Rodriguez Laws Supervisors: Beth Gaze and Jenny Morgan Boas, G Trying Former Heads of State and Senior Offi cials for War Alneyadi, M Crimes: Lessons in Complex Litigation from the Milosevic Trial A Look at the Law of Construction Contracts in the United Supervisors: Tim McCormack and Carolyn Evans Arab Emirates Supervisors: Tim Lindsey and Michael Bryan Brophy, C The Law and Integrative Medicine: Legal Issues Arising Bailey, S When Doctors Incorporate Complementary Medicine into Toward a Mine-Free World: Civil Society, the Media, and the Conventional Medical Practice Campaign to Ban Landmines Supervisors: Harold Luntz and Loane Skene Supervisor: Tim McCormack Butt, S Baird, R Indonesia’s District Courts: Incompetence and Corruption Measures to Deter Illegal, Unreported and Unregulated Supervisor: Tim Lindsey Fishing in the Southern Ocean in the Absence of Flag State Control Carrel, M Supervisor: Gillian Triggs Australia’s Prosecution of Japanese War Criminals: Stimuli and Constraints Baker, R Supervisors: Tim McCormack and Peter Londey Recent Developments in Comparative Medical Malpractice Law Carson, R Supervisor: Harold Luntz Supervised Contact: A Study of Current Trends and Emerging Tensions Since the Introduction of the Family Law Reform Act Becroft, R 1995 (Cth) Deference Under the Standard of Review in World Trade Supervisors: Belinda Fehlberg, Jenny Morgan and Grania Sheehan Organisation Anti-Dumping Disputes Supervisors: Gillian Triggs and Richard Garnett Chadien, F Corporate Criminal Accountability: Its Evolution, Extension, Bird, H Regulation and Sanctioning Conciliatory Enforcement of Australian Company Law: The Supervisor: David Wood Operation and Use of Enforceable Undertakings by ASIC, the Corporate Regulator Charwat, N Supervisor: Ian Ramsay Contesting Global Governance: A Critical Examination of Amicus Curiae Briefs in the World Trade Organisation’s Dispute Settlement Body Supervisors: Gillian Triggs and Dianne Otto

Research Higher Degrees in Progress 86

Research Higher Degrees in Progress Includes theses under examination

Chellew, J Gerber, P Derivatives Law: Fine-Tuning the Corporations Act’s Derivative Examining the Implementation of Article 29 of the Convention Defi nition on the Rights of the Child Supervisor: Malcolm Smith Supervisors: Gillian Triggs and Dianne Otto

Clarke, B Graydon, C Occupation, Resistance and Jus as Bellum: When is it Lawful Domestic Violence in Timor-Leste: Is There a Place for to Forcibly Resist Foreign Occupation of a Sovereign State? Indigenous Justice Systems? Supervisors: Tim McCormack, Michael Kelly and Michael Gillooly Supervisors: Tim Lindsey

Coleman, A Hammond, E The Role of the International Court of Justice and Self- Judicial Review for Substantive Unfairness: Prospects Under Determination Australian Constitution Supervisor: Tim McCormack Supervisors: Cheryl Saunders and Simon Evans

Colmenares, N Hanlon, F International Jurisdiction and Amnesty Role of the Attorney-General Supervisors: Tim Lindsey and Tim McCormack Supervisor: Cheryl Saunders

Conidi, B Harijanti, S Justice and Reconciliation After Mass Violence: Challenging The Indonesian Ombudsman System and Good Governance: the Linkage Assumption of the United Nations Security Proposals for Reform Council Supervisors: Cheryl Saunders and Tim Lindsey Supervisors: Tim McCormack and Jennifer Balint Harper, E Douglas, H Beyond Brahami: The Effectiveness and Sustainability of UN Legal Narratives of Indigenous Existence: Crime, Law, and History Legal Codes in Post-Confl ict Situations Supervisors: Peter Rush and Lee Godden Supervisors: Gillian Triggs

Duxbury, A Hassan, M The Role of Human Rights and Democracy in Determining the The Syariah Court of Singapore – A Study of a Court of Law Participation of States in International Organisations Supervisor: Tim Lindsey Supervisor: Tim McCormack Henderson, I Foerster, A Targeting During Armed Confl ict: A Legal Analysis Towards an Ecologically Sustainable Allocation of Water Supervisor: Tim McCormack Resources. An Analysis of Recent and Ongoing Water Law Reform in NSW and Victoria, with Respect to their Capacity Howard, J to Deliver Environmental Outcomes ‘To Deter and Deny’: International Law and Australia’s Supervisor: Lee Godden Interdiction of Asylum Seekers Supervisor: Tim McCormack Gallen, M A Model Law for Anti-Doping in Sport Kelly, C Supervisors: Gillian Triggs and Hayden Opie How International Law Gives Effect to the Right to Essential Medicines Supervisors: Gillian Triggs, Dianne Otto and Carolyn Evans

Faculty of Law 2005 Research Report Research Higher Degrees in Progress Includes theses under examination

Kordvani, A Matthews, R New Welfare Implications of Immigration and their Refl ections The Negotiation of the Chemical Weapons Convention, and its on the Global Welfare Implications for other Arms Control Regimes Supervisor: Anne Orford Supervisor: Tim McCormack

Kreltszheim, D McDougall, C Paper and Electrons, Property and Contract: New Payment Prosecuting the Accumulated Evil of the Whole: Defi ning an Systems and the Law ‘Act of Aggression’ for the Purposes of the Rome Statute of Supervisors: Michael Bryan and Paul Ali the International Criminal Court Supervisor: Tim McCormack Lach, K The EU and the Contemporary Notion of Sate Sovereignty Mihalopoulos, A Supervisors: Anne Orford and Carolyn Evans A Comparative Study of the Legal Institutions and Systems within which the Jewish and Greek Christian Communities Lavery, D Functioned in Salonica and Istanbul under Ottoman Rule A Residuum of Sovereignty? Supervisors: Malcolm Smith, Lisa Sarmas and Victor New Supervisors: Lee Godden and Maureen Tehan Mohammed, H LeRoy, K Ethnic Federalism in Ethiopia: A Case Study Democratic Participation in Constitution Making: Emerging Supervisor: Cheryl Saunders Best Practice Supervisor: Cheryl Saunders Muriu, D Realising Economic and Social Rights in Africa and the Impact Limon, C of International Economic Institutions, International Trade and Genes, Biotechnology and Legal Imagings Globalisation: Obstacles and Prospects Supervisors: Anne Orford and Lee Godden Supervisor: Anne Orford

Lindsay, D Murphy, A Establishing an Optimal Framework for Online Privacy Effective Public Participation in Major Projects Supervisor: Sam Ricketson Supervisors: Gillian Triggs and Lee Godden

Little, P Mussawir, E Universal Jurisdiction for Multinational Corporations Deleuzean Jurisprudence: Univocity and Jurisdiction Supervisors: Gillian Triggs and Carolyn Evans Supervisors: Peter Rush and Anne Orford

Liu, G Nastevski, V The Role of Equity in Trusts Law: The Legislation and The Enactment of War Crimes Legislation in Australia without Application of the Chinese Trust Code Offending the Prohibition of Retrospective Legislation Supervisors: Michael Bryan and Sarah Biddulph Supervisors: Tim McCormack and Michelle Foster

Magri, S Nguyen, Q Research on Human Embryos, Cloning and the Law The Social Structures of Contracts: A Case Study of the Supervisors: Loane Skene and Christine Parker Vietnamese Market Supervisors: Tim Lindsey and Pip Nicholson

Research Higher Degrees in Progress 88

Research Higher Degrees in Progress Includes theses under examination

Nielsen, J Saunthararajah, J The Experience of Discrimination against Indigenous Negotiating Legal Identities: Hindu Law in Singapore and Australians in Employment Malaysia Supervisors: Jenny Morgan and Irene Watson Supervisors: Pip Nicholson and Abdullah Saeed

Ntoko Ewang, F Schlesinger, N Does the Capital Maintenance Doctrine Adequately Protect An Exploration of Extra-Legal Factors Infl uencing the Corporate Stakeholders Development of the Law of the International Criminal Tribunals Supervisor: Ian Ramsay for the Former Yugoslavia and Rwanda Supervisors: Tim McCormack and Tim Marjoribanks O’Regan, S Multi-Party Environmental Confl icts and the Advantage of Sheehan, K Early Intervention In Excess: Does Extended Disclosure of Executive Supervisors: Camille Cameron and Carolyn Evans Remuneration Expose the Links between Company Performance and the Level of Executive Remuneration Oswald, B Supervisors: Geof Stapledon and Chander Shekhar The Application of International Law to United Nations and Regional Peace Operations Shi, C Supervisors: Tim McCormack and Daniel Bethleham Corporate Governance, Its Theoretical Development and Issues of Chinese Corporate Governance Parker, D Supervisor: Tim Lindsey Lifting the Veil and Corporate Personality Supervisor: Ian Ramsay Steiner, K Western Human Rights and Asian Values – Are the Peel, J Differences Real? International Law and the Determination of Risk: Science, Supervisor: Tim Lindsey Uncertainty and the Role of Values Supervisor: Anne Orford Sugden, P An Analysis of Remedies in Intellectual Property Law Purcell, J Supervisor: Michael Bryan The Infl uence of Judicial Discretion in Particular Aspects of Corporate Insolvency Administration Sutrisno, N Supervisor: Michael Bryan The Effectiveness of Special and Differential Treatment Provisions for Developing Countries in the World Trade Rennie, A Organisation: Implementation in Practice, and Enforcement in Women Lost in the Law the Dispute Settlement Supervisors: Beth Gaze and Jenny Morgan Supervisor: Gillian Triggs

Rogers, J Tobin, J Flesh for Fantasy: Female Circumcision Law and Dancing with Folk Devils: The Administration of Juvenile Psychoanalysis in a Global Economy Justice – A Rights Based Response Supervisor: Anne Orford Supervisors: Anne Orford and Philip Alston Salim, A Islamising Indonesia Laws? Legal and Political Dissonance in Indonesian Shari’a, 1945-2005 Supervisor: Tim Lindsey

Faculty of Law 2005 Research Report Research Higher Degrees in Progress Includes theses under examination

Vaitiekunas, A Green, M The Court of Arbitration for Sport: A Critical Analysis and Election Communication and Free Speech Law and Practice. A Survey of its Effectiveness in the Resolution of Sports Comparative Study of Constitution Provisions, Legislation, and Disputes Regulation in Australia, the United Kingdom and the United States Supervisors: Gillian Triggs and Hayden Opie Supervisor: Andrew Kenyon

Wardrop, E MacLeod, A Representation of the Public Interest in the Insolvency of The Rights and Obligations of Arms Bearers in Non-Security Privatised Essential Services Council Endorsed Peace Operations, Concentrating on the Supervisor: Tim Lindsey Role of Privatised Military Corporations Supervisor: Tim McCormack Welsh, M Civil and Administrative Penalties and the Corporations Act Merrett, A Supervisor: Ian Ramsay The Assessment and Regulation of Market Power in Australia Supervisors: Geof Stapledon, Rhonda Smith and Rachel Tinidade Wynn-Pope, P What are the Criteria for Determining When a Threat to Muggleton, T or Violation of Human Security Should Justify an External A Formulation of the International Crime of Aggression: The Intervention? Supreme International Crime? Supervisors: Tim Lindsey and Tim McCormack Supervisor: Tim McCormack

Yapao, G Petrovic, J State Participation in Resource Project Developments in Deliberate Destruction of Cultural Property During Armed Papua New Guinea Confl ict: How Does International Law Respond: The Case of Supervisors: Michael Crommelin and Lee Godden the Old Bridge of Mostar Supervisor: Tim McCormack Zhou, M Antidumping in China, the West and the WTO Rome-Sievers, C Supervisors: Malcolm Smith and Gillian Triggs Insolvent Companies and Equitable Proprietary Claims Supervisor: Michael Bryan

Schwalb, N Doctor of Judicial Science Identifying Identity in Constitutional Discourse: Towards and Adams, K Beyond the Nation-State Mediating Work and Family Responsibilities: A Comparative Supervisor: Cheryl Saunders Study of Legislative Strategies Sherman, T Supervisors: Beth Gaze and Jenny Morgan The Introduction of the Consolidated Regime into the Income Alcordo, E Tax Assessment Act 1997: An Analysis of the Effect on the Corruption in the Philippines: A Failure in Law Reform Subsidiary Disposal Decision for a Corporate Group Supervisors: Michael Tilbury and Pip Nicholson Supervisors: Geof Stapledon and Cameron Rider

Research Higher Degrees in Progress 90

Research Higher Degrees in Progress Includes theses under examination

Master of Laws by Thesis

Date, J Implications of Canon Law for Church Organisations Operating in Australia Supervisors: Ian Ramsay, Carolyn Evans and Robin Sharwood

Donovan, P Searching for the Perfect General Anti-Avoidance Rule (“GAAR”) – A Worthwhile Pursuit or Pipedream? Supervisor: Miranda Stewart

Gisonda, E Ideology of Australian Contract Law Supervisor: Andrew Robertson

Ip, E Global Corporate Governance in Hong Kong Supervisor: Paul Ali

Irving, J Security and Liberty: Anti-Terrorism Law in Australia Supervisors: Tim McCormack and Carolyn Evans

Maher, A Unfair Dismissal Re-regulated: The Move to Private Regulation on Termination of Employment – Rights and Remedies Supervisors: Richard Mitchell and Colin Fenwick

Martin, P The Impact of Human Rights in Scotland: Five Years After Devolution Supervisors: Carolyn Evans and Jim Murdoch

Parsley, C Giorgio Agamben and the Failure of Law Supervisor: Peter Rush

Testart, M Pure Economic Loss and the Australian Insurance Industry: The Search for a Bright Line Supervisor: Christian Witting

White, P A Comparative Analysis of the Regulation of Unauthorised Consumer EFT Transactions in Australia and the USA Supervisor: Richard Garnett

Faculty of Law 2005 Research Report Compiled by the Office for Research For more information Ms Margherita Matera – Manager Law Research Faculty of Law Ms Angela Hendley-Boys – Project Officer Location: University Square Ms Lucy O’Brien – Research Support Officer 185 Pelham Street, Carlton, Victoria 3053 Ms Lupe Trigo-Rossier – Administrative Assistant Tel: +61 3 8344 1090 Fax: +61 3 8344 4601 Website: http://research.law.unimelb.edu.au

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