Law Monash Law School

Annual Report 2010

Australia n Malaysia n South Africa n Italy n India n China www.law.monash.edu

Contents

1. Introduction to Monash Law School...... 2 7. Equity and Diversity...... 26

2. Campuses...... 3 7.1 Membership 2010...... 26 7.2 Faculty Priorities...... 26 2.1 Clayton...... 3 7.3 Activities 2010...... 27 2.2 Monash University Law Chambers...... 3 8. International ...... 29 2.3 Monash Education Centre, Prato, Italy...... 3 8.1 Recruitment of International Students...... 29 3. Research ...... 4 8.2 Engagement with Partner Institutions...... 29 8.3 Overseas Programs...... 29 3.1 Reflections on Research During 2010...... 4 8.4 Internships...... 29 3.2 Books ...... 6 3.3 Research Success Stories...... 7 9. Law School Activities ...... 30 3.4 Faculty Research Seminars...... 8 9.1 Events...... 30 3.5 Research Centre Activities...... 8 9.2 Public Lectures...... 31 3.6 Competitive Research Grants and Contracts...... 9 9.3 Book Launches...... 32 9.4 Media Involvement ...... 32 4. Teaching...... 10 10. Advancement and Alumni Relations...... 33 4.1 Reflections on Teaching Portfolio 2010...... 10 10.1 Advancement ...... 33 4.2 Teaching Awards...... 10 10.2 Monash Law School Foundation Board...... 33 4.3 Education Matters...... 10 10.3 Alumni Relations...... 34 4.4 The Innovation in Teaching and Learning Showcase...... 10 11. Student Activities...... 35 4.5 Faculty Education Committee...... 10 11.1 Monash Law Students’ Society...... 35 4.6 Quality ...... 10 11.2 International Law Association...... 36 5. Centre Reports...... 11 11.2.1 2010 Highlights...... 36 11.2.2 Other events ...... 36 5.1 Castan Centre for Human Rights Law...... 11 11.3 Monash University Law Review...... 37 5.1.1 2010 Highlights...... 11 11.4 The Student Experience...... 38 5.1.2 Structure...... 11 5.1.3 Public Events...... 12 12. Law Library...... 39 5.1.4 Conference Papers and Public Speeches...... 13 12.1 Monash Law Library...... 39 5.1.5 Courses Offered...... 14 12.2 2010 Highlights...... 39 5.1.6 Submissions...... 14 12.3 Facilities and Services Highlights...... 39 5.1.7 Publications...... 14 12.4 Collection Highlights...... 40 5.1.8 Media...... 16 12.5 Law Library Senior Staff...... 40 5.1.9 Research Projects...... 16 12.6 Publications/Conference Presentations...... 40 5.1.10 Students Programs...... 17 12.7 Journal Affiliations and External Committees...... 40 5.1.11 Student Supervisions...... 18 13. Staff ...... 41 5.2 Centre for Regulatory Studies...... 18 13.1 Staff list...... 41 5.2.1 Structure...... 19 13.2 Administrative Structure...... 43 5.2.2 Public Events...... 19 13.3 Promotions...... 43 5.2.3 Staff members’ Activities...... 19 13.4 Appointments...... 43 13.5 Resignations...... 43 5.2.4 Monash Courses and Units Offered...... 20 13.6 Outside Studies Program...... 43 5.2.5 Publications...... 20 5.2.6 Grants and Fundraising...... 22 14. Staff Activities...... 44 14.1 External Boards and Committees...... 44 5.3 International Institute of Forensic Studies...... 23 14.2 Journal Affiliations...... 46 5.3.1 Structure...... 23 5.3.2 Courses Offered...... 23 15. Publications...... 47 15.1 Staff and Student Publications...... 47 6. Curriculum...... 24 Appendix I:...... 54 6.1 Undergraduate Courses...... 24 Academic Governance Positions...... 54 6.2 Clinical Legal Education...... 24 6.3 Postgraduate Courses...... 25 Appendix II:...... 55 2010 Prize Winners...... 55

Annual Report 1 1. Introduction to Monash Law School

n The clinical program, which allows However the Committee noted some areas students to integrate theory and practice that were of concern including a lack of and apply knowledge, skills and ethics to resources that inhibited the Faculty from real world problems; fully achieving some of its stated objectives in relation to issues such as assessment n Internships, practicums and placement throughout units, sufficient feedback to opportunities which provide students with students, achieving an adequate staff-to- work-integrated learning experiences; student ratio in the LLB, the embedding of n The Prato and Malaysia programs, writing and research skills throughout the which enable students to gain cross- curriculum and the development of certain cultural experience and comparative graduate attributes. The Committee made law perspectives by studying Monash 15 major recommendations for the Faculty to law units with international students and improve its programs. lecturers from partner organizations; In anticipation of the Review, and as part n Highly qualified staff with collective of the University’s quality cycle, the Faculty academic, professional and regulatory has embarked upon a major review of the experience and strong dual public and content of the LLB and JD curricula in the private law expertise; context of the Australian Teaching and Learning Council report on threshold learning n Inter-disciplinary research expertise outcomes, the Council of Australian Law particularly in the areas of mental health Deans Standards project, the Australian law, regulatory studies, non-adversarial Qualifications Framework for degree courses justice and international human rights. and many other regulatory requirements. The Faculty’s courses, programs and The purposes of the review, which will be Thirty-two universities now offer law activities are under constant review and in conducted in 2011, are to reflect on the degrees in Australia, six of those in Victoria. 2010 a review of courses for admission to effect and operation of previous reviews, The market for legal education is large, legal practice was conducted, chaired by particularly the 2010, course review, to review competitive and evolving. Each law program Professor Bernadette McSherry. Members of the similarities and differences between offers something distinctive, whether it be its the committee were Professor Ron McCallum it and the LLB and to ensure that both physical location, its programs, its face-to- AO, previously Dean of the Faculty of Law, achieve their distinct objectives in the light face or on-line programs its research profile. Sydney University, Dr Ian Hardingham QC, of the development of the JD as a distinct Barrister, representing the Council of Legal professional program, and to update the The Monash Law School, like all law schools, Education, Professor Warren Brookbanks, curriculum and approaches to teaching and strives to produce students who will be ready University of Auckland Law School, Professor learning in the light of modern teaching and to enter the profession. In addition it aims Chris Arup, Head of Department, Business learning theories. to educate students who will possess the Law and Taxation, Monash University, Mr attributes of a Monash graduate, namely to The curriculum review is a formidable task, John Corcoran, Immediate past President, be responsible and effective global citizens but as this Annual Report shows, it is one Law Council of Australia and Chairman of who engage in an internationalized world, built on a strong foundation. From it will Partners, Russell Kennedy, and two recent exhibit cross-cultural competence and emerge better and even more distinctive graduates of the LLB and JD programs, Mr demonstrate ethical values, who will be Monash Law programs. Matthew Vitale and Ms Alexandra Phelan. critical and creative scholars who produce In the meantime, the work of the Faculty innovative solutions to problems, who can Overall, the Panel found that the Faculty continues in all its aspects, research, apply research skills to a range of challenges had effective processes, procedures and teaching and community engagement. These and communicate perceptively and mechanisms in place to support its aim of activities are carried out by a large number of effectively. providing the highest quality legal education talented and energetic people: the academic for its students in both the LLB and LLM(JD) In particular, the Monash Law School is and professional staff, the staff of the Library, courses. It commended the Faculty for the distinguished by the following attributes the students enrolled in our undergraduate advancements it has made since the last which include: and graduate courses and the Law Students LLB review in 2005 and the Postgraduate Society. We are also strongly supported by n The breadth, number and quality of its Course Review in 2006 for its commitment our alumni and other supporters who give elective offerings at undergraduate and to exploring ways of improving the student freely of their time and resources. To all, the postgraduate level, and the generous experience. Faculty extends its thanks. allowance for electives in its courses; n The choice of dual degree courses with the LLB, in which over 90% of students Arie Freiberg gain cross-disciplinary skills, knowledge Dean and perspectives;

2 Faculty of Law 2. Campuses

2.1 Clayton 2.2 Monash University 2.3 Monash Education Law Chambers Centre, Prato, Italy Monash University Clayton campus is the largest of the university’s eight campuses. Behind the period façade of the Equity In keeping with Monash Law’s aim to be The diversity of programs offered is reflected Trustees Building the refurbished a truly international law school, the Law in the fact that eight out of the university’s Monash University Law Chambers offers School encourages students to undertake ten faculties are represented on campus – postgraduate law students a central one semester of their law degree at the Arts, Business and Economics, Education, teaching and learning facility in the heart of Monash Education Centre in Prato, Italy. Engineering, Information Technology, Law, Melbourne’s legal precinct. Students can undertake up to four law units Medicine, Nursing and Health Sciences through the Prato Study Program, taught by This state-of-the art building provides our and Science. The campus offers a rich academics from Monash University, judges postgraduate students with an accessible, array of sporting, cultural and educational and practitioners as well as academics from comprehensive education facility that also events and facilities, and has a proud record partner institutions in Canada, Israel and Italy. promotes interaction with members of the of achievement in fostering collaborative Units are taught in semi-intensive mode over profession. research projects. 3-4 weeks. The majority of the faculty’s postgraduate The Law School is located on the Clayton The program runs in the European Spring programs are taught at the city-based campus and houses the university’s Law each year. Classes are taken in the elegant Monash University Law Chambers, attracting Library, three computer laboratories and 18th Century palace, Palazzo Vaj in the law graduates from a variety of backgrounds five lecture theatres. The majority of our medieval historic centre of Prato, Italy. There and professional areas including legal undergraduate teaching occurs at this are 3 computer laboratories at the Monash practice, government, business and location. University Prato Centre and the building also academia. This cultural diversity, together has a wireless internet network available The Law School’s clinical training program with our flexible, responsive programs operates from the Monash Oakleigh Legal creates a dynamic environment for the Service and the Springvale Monash Legal exchange of knowledge and ideas. Service. In 2011 Monash University Law Chambers will move to a new purpose built premise at 555 Lonsdale Street, Melbourne.

Annual Report 3 3. Research

3.1 Reflections on Excellence in Research for Australia The research data for the 2010 exercise (ERA) Initiative covered publications from 2003 to 2008, as Research During 2010 well as research income and peer esteem In nationally published results of the Australia indicators from 2006 to 2008. All academics Overview Government’s ERA initiative, the discipline employed as at 31 March 2009 counted of law at Monash University was awarded for the ERA. The 2010 ERA initiative for law The Faculty achieved significant research a ranking of ‘4’ and hence recognised as also included reference by the Australian milestones and recognition for its legal and being above world standard for law schools Research Council (ARC) to its official ranking cross-disciplinary expertise in 2010. The in research quality. Only two Australian list of journals, under which Australian and results of the Australian Government’s official universities recorded the highest ranking of international law journals were accorded evaluation of research quality in all disciplines ‘5’ for their legal disciplines, and Monash a ranking of A*, A, B, or C in terms of their in all universities under its Excellence in University was included within a cohort of six presumed quality. Research for Australia (ERA) exercise universities awarded a ranking of ‘4’ for the confirmed the Faculty’s research position discipline of law. This is a milestone for the Following on from the preparation for the amongst the leading law schools in Australia. Faculty in its upwards trajectory of research 2009 ERA trial in 2008–2009, preparation for The Faculty also achieved its highest ever performance across a range of measures the official 2010 ERA exercise commenced weighted score for research publications over the last decade. It demonstrates the in 2009 and continued until the University’s in the four categories of publications that Faculty’s national and international standing submission to the ARC in mid-2010. The are reported to the Australian Government in a number of areas of research excellence, Associate Dean (Research), Professor Bryan annually for institutional reporting and where the Faculty now houses some of the Horrigan, and Research Manager in Law funding purposes (i.e. scholarly books (A1s), best research groups and leaders in their field. and BusEco, Mr Simon Liddle, had overall scholarly book chapters (B1s), scholarly academic and administrative coordination refereed journal articles (C1s), and scholarly Like the 2009 ERA trial before it, the 2010 respectively of the ERA effort for the discipline refereed conference publications (E1s)). ERA evaluation was based upon a dashboard of law across faculties at Monash University. Highly regarded Australian and international of research data submitted by universities This work by the Faculty’s Research Services scholars from a broad range of legal and which, in law’s case, focused upon reportable team also involved meetings and consultations cross-disciplinary fields visited the Faculty publications (except for E1s), external research with BLT as well as other departments and and spoke in its Research Seminar Series, for grant and contracting income, designated faculties contributing publications to the ‘field the benefit of academics and students. For indicators of peer esteem, a 20% sample of of research’ codes for the discipline of law, the first time in its history, the Faculty and its ‘high quality’ publications for independent to select the top 20% of publications for peer academic supervisors collectively supervised and anonymous peer review, and an review. The criteria for selection included the more than 100 new and continuing accompanying statement highlighting key use of mock RQF results (where available), research higher degree (HDR) students, areas of research performance. The results 2009 ERA trial results, authored books with with a significant proportion also completing for the discipline of law at Monash University prestigious academic publishers (such as their research degrees. Finally, the Faculty encompassed not only the Faculty of Law Oxford University Press and Cambridge commenced the next stage of broadening but also a number of other faculties and University Press), refereed journal articles in its research critical mass and scale, through departments across the University whose A* and A ranked journals on the ARC’s official its growth in institutional research structures members research and publish in law journals, journal ranking list for law, and book chapters from two well established research centres to including the Department of Business Law in edited books with prestigious publishers. and Taxation (BLT) in the Faculty of Business eventually five research centres and groups The Australian Government has announced of world class standing. and Economics (BusEco). Accordingly, the ERA is not designed to assess law faculties that the ERA initiative will be conducted as such. again in 2012. This will include staff who are employed at Monash University as at 31 March 2011, covering their publications from 2005 to 2010 as well as research income and peer esteem indicators from 2008 to 2010. The Faculty’s ongoing recruitment and retention of world-class researchers, enhancement of its range of world-class research centres and groups, and continued improvement of its research performance on all relevant institutional indicators all provide a firm base for the Faculty to contribute to building upon the 2010 ERA results for the discipline of law at Monash University.

4 Faculty of Law Research Critical Mass and Scale Annual Research Symposium The following staff members completed the Monash requirements to be accredited as In terms of research critical mass, the Faculty The Annual Research Symposium was HDR supervisors: took steps in 2010 to build upon its two held on 18 August 2010 at the Banquet existing research centres by developing an Rooms, Clayton Campus Centre, and n Ms Rowena Cantley-Smith additional three research centres and groups. attended by over 50 staff members and HDR n Dr Julie Debeljak At the Annual Faculty Planning Day in early students. The theme was ‘Collaboration and n Dr Rebecca Giblin 2010, the Faculty formally abandoned the Engagement’. formulation of research clusters created n Professor Bryan Horrigan Professor Edwina Cornish, Deputy Vice- primarily for the purposes of the mock RQF n Dr Adiva Sifris Chancellor (Research), discussed research trial, and moved instead towards broadening developments at Monash and presented n Dr Penny Weller the range of world-class centres and groups awards to Faculty staff in a number of associated with the Faculty. As part of this Professor Mark Davison (HDR Convenor) categories. In addition Professor Simon exercise, the Castan Centre for Human worked with Ms Jintana Kurosawa (HDR Adams (Pro-Vice Chancellor, International Rights Law and the Monash Centre for Coordinator), Professor Bryan Horrigan, Engagement), Mr Duncan Buckeridge Regulatory Studies will be progressively and the Faculty’s marketing officers to (Research Strategy Advisor), and Ms Sarah joined by the Australian Centre for Court enhance the Faculty’s HDR policy and Newton (Director Industry Engagement) and Justice System Innovation (ACCJSI), recruitment strategies. This continued the took part in a panel discussion on ‘External the Centre for the Advancement of Law work undertaken by the previous HDR Collaboration Opportunities for Law’. and Mental Health (CALMH), and the convenor, Associate Professor David Lindsay, Commercial Law Group. The development The attendees also discussed possible in working with Ms Kurosawa as HDR of such areas of research critical mass opportunities for collaboration with Professor Coordinator and the Faculty’s Marketing and scale is increasingly important for Chris Arup (Head of School, BLT), Professor team to increase the number and quality of institutional reporting, resourcing, and ranking Pauline Nestor (Associate Dean (Research), supervised HDR students. purposes, as well as for the enhancement Faculty of Arts), and Professor Ross Coppel The following HDR students were awarded of research cultures and support for groups (Deputy Dean Research, Faculty of Medicine their degrees in 2010: of researchers, supervisors, and research Nursing and Health Sciences). degree students in particular fields of world- Doctor of Philosophy (PhD) class research. Higher Degrees by Research (HDR) Ms Kirsten McKillop, ‘Providing effectively Matters for Indigenous customary law: New Zealand, Academic Strengthening and Canada and Australia and Indigenous The Faculty attracted a significant number Research Performance customary adoptions’ of new HDR students in 2010 with the total Supervisors: Ms Melissa Castan and As part of the Vice Chancellor’s ‘Academic number of enrolled HDR students exceeding Mr David Yarrow Strengthening’ initiative, a central taskforce 100 for the first time. A welcome lunch for for this initiative was established by the the new students was held on 7 June 2010. Ms Nicole Bieske, ‘Culture and punishment: University under the co-chairmanship of a case study on the road to universality’ The Postgraduate Information Evening the Dean, Professor Arie Freiberg, with the Supervisor: Professor Sarah Joseph Associate Dean (Research), Professor Bryan specifically for prospective HDR applicants Horrigan, also added as a taskforce member. was held for the first time on 26 August Ms Haemala Thanasegaran, ‘Utmost good In accordance with this University level 2010 during the Research Weeks of the faith in non-marine insurance contracts in initiative, the Faculty also developed new University. The event included a workshop Malaysia: the need for legal reform’ academic standards from 2010 onwards in on how to develop a legal research proposal. Supervisor: Dr Emmanuel Laryea research, teaching, and service. This included One prospective candidate travelled Mr Steven Yannoulidis, ‘Criminal responsibility new research performance standards that from interstate to attend this session and and mental state defences (broadening the cover research outputs (i.e. publications), was subsequently offered an Australian common law defence of insanity)’ research inputs (i.e. applications for Postgraduate Award. Supervisors: Professor Bernadette McSherry competitive research grants and contracts), The Faculty was awarded six new and Dr Dale Smith and research supervisions (i.e. supervised postgraduate research scholarships in 2010 research projects at undergraduate, four 2011 (four Australian Postgraduate Doctor of Juridical Science (SJD) postgraduate, and HDR levels). These Awards and two Monash Graduate Mr Tomasz Roszkowski, ‘Effective research performance standards are aligned Scholarships) and one Monash International entrenchment of human rights in Victoria: a with the Faculty’s systems for recruitment, Postgraduate Research Scholarship (MIPRS). promotions, and performance development, study of the law relating to manner and form as well as University level research awards requirements’ and support schemes. They are also Supervisor: Professor Jeff Goldsworthy benchmarked against comparative research Master of Laws (LLM) (Research) performance data for law schools. Mr Noel Villaroman, ‘Advancing the Right to Development (ARtD) as a legal basis for cancellation or reduction of foreign debts owed by poor countries’ Supervisor: Dr Adam McBeth

Annual Report 5 3. Research

3.2 Books In addition, some of the public launches of The Faculty also continued in 2010 to new books in 2010 are reported below: increase the range and amount of its published scholarship that is available for n Corporate Social Responsibility in the Research Scholarship and free via the Internet to the public, students, 21st Century written by Professor Bryan Collaboration and the Faculty’s other research audiences Horrigan. Launched on 6 October 2010 locally, nationally, and worldwide. The primary A significant proportion of the Faculty’s at Mannix College, Clayton, by Professor vehicles for this at present are the series academics authored or edited scholarly books Marilyn Pittard of the Faculty of Law, of research working papers affiliated with (ie A1s), edited book collections (ie A3s), or Monash University. new editions or other significant revisions of the Faculty and published by the Social their published books (ie A4s) in 2010. These n Rethinking Rights-Based Mental Health Science Research Network (SSRN) and included: Laws edited by Professor Bernadette the Australasian Legal Information Institute McSherry and Dr Penelope Weller. (AUSTLII), together with AUSTLII’s archive of n Freiberg, Arie, The Tools of Regulation Launched on 6 October 2010 at the articles published in the past in the Monash (Federation Press, 1st ed, 2010) Rendezvous Hotel, Melbourne, by The University Law Review. Honourable Justice Marcia Neave AO of n Horrigan, Bryan, Corporate Social In terms of research collaborations and the Supreme Court of Victoria. Responsibility in the 21st Century: Debates, impact, the Faculty continues to diversify Models and Practices Across Government n Assessing Lawyers’ Ethics: A Practitioners its record of competitive research grants (Edward Elgar Publishing Ltd, 1st ed, 2010) Guide written by Associate Professor and contracts across all areas of reportable n Joseph, Sarah and Adam McBeth (eds), Adrian Evans. Launched on 18 October research income. This includes Category 1 Research Handbook on International 2010 at the Monash University Law income (i.e. competitive governmentfunded Human Rights Law (Edward Elgar Chambers, Melbourne by Mr Michael research grants), Category 2 income (i.e. Publishing Ltd, 1st ed, 2010) BrettYoung, CEO of the Law Institute of other governmental research income), and n McSherry, Bernadette and Penelope Victoria. Category 3 income (i.e. research income from Weller (eds), Rethinking Rights-Based business, the professions, and community n Australian Labour Law: Text, Cases and bodies). The Faculty’s overall research funding Mental Health Laws (Hart Publishing Ltd, Commentary written by Professor Marilyn 1st ed, 2010) performance across the combined three Pittard and Mr Richard Naughton. categories of research income increased n Barkoczy, Stephen, Cameron Rider, John Launched on 30 November 2010 at over the successive three-year rolling periods Baring and Neil Bellamy, Australian Tax the Monash University Law Chambers, 2006–2008, 2007–2009, and 2008–2010. Casebook (CCH Australia Ltd, 10th ed, Melbourne by The Hon. Justice Peter Gray 2010) of the Federal Court of Australia. The portfolio prepared for the 2010 ERA n Barkoczy, Stephen, Foundations of exercise cites performance data that The Faculty’s overall publishing record demonstrates the national and international Taxation Law (CCH Australia Ltd, 3rd ed, of reportable publications has increased 2010) standing of the Faculty’s centres and exponentially for the ten-year period from researchers in fields such as human rights n Bronitt, Simon and Bernadette McSherry, 2001 to 2010. In that decade, the Faculty law, regulatory studies, mental health law, Principles of Criminal Law (Thomson achieved approximately 125% improvement and various fields of international, public, Reuters, 3rd ed, 2010) in total reportable publications (ie A1, B1, C1, and private law. This research track record n Fox, Richard, Victorian Criminal Procedure: and E1 categories). For the five-year period includes collaborations and partnerships State and Federal Law (Monash Law Book from 2006 to 2010, there was an overall with other leading universities worldwide Cooperative Ltd, 13th ed, 2010) 50% (approx) improvement in total reportable and their academic presses (e.g. Oxford publications. The total weighted publications n Joseph, Sarah and Melissa Castan, University Press’ global database of UN points for 2010 was the highest total Federal Constitutional Law: A Contemporary human rights cases), multilateral institutions achieved by the Faculty in the last decade, View (Thomson Reuters, 3rd ed, 2010) (e.g. European Commission and OECD), building upon its second highest publications governmental departments and agencies (e.g. n Pittard, Marilyn and Richard Naughton, performance for the decade in 2009. Australian Labour Law: Text, Cases and Commonwealth Auditor-General, Australian Commentary (LexisNexis Butterworths, 5th Human Rights and Equal Opportunity ed, 2010) Commission), national business and market regulators (e.g. ASIC and ACCC), major business organisations (e.g. Rio Tinto), and not-for-profit enterprises (e.g. World Vision International).

6 Faculty of Law 3. Research

3.3 Research Success Stories The Faculty’s individual researchers and HDR students achieved a number of individual successes in 2010. As part of the Monash Futures strategy, the University initiated a series of new ‘Research Accelerator’ schemes, including some that provide support for current staff at academic levels B-C to receive additional research funding and support to develop a major research program. The Faculty was successful in achieving three of these awards, as well as other research successes in 2010, as follows: n Dr Gideon Boas, Dr Patrick Emerton, and Dr Paula Gerber were each awarded Monash Researcher Accelerator Program grants that aim to recognise, reward, and accelerate the career development of Monash’s highest performing early to mid- career researchers. n Dr Adam McBeth was awarded the Faculty Award for Excellence in Research by an Early Career Researcher. n Ms Kirsten McKillop was awarded the Mollie Holman Doctoral Medal for 2010 her PhD thesis title entitled ‘Providing effectively for Indigenous customary law: New Zealand, Canada and Australia and Indigenous customary adoptions’ (supervised by Ms Melissa Castan (Main Supervisor) and Mr David Yarrow (External Supervisor). n Mr Noel Villaroman was awarded the Vice- Chancellor’s Commendation for Master’s Thesis Excellence for 2010 for his Master of Laws (Research) thesis entitled ‘Advancing the Right to Development (RtD) as a legal basis for cancellation or reduction of foreign debts owed by poor countries’ (supervised by Dr Adam McBeth). n Mr Benjamin Hayward (PhD student) was awarded the Faculty’s Three-Minute Thesis Competition Prize for 2010 on 28 July 2010 for his outstanding presentation of a thesis within three minutes which fulfilled the criteria of communication style, comprehension and engagement. Ben subsequently represented the Faculty in the Monash Three-Minute Thesis Competition final held on 23 August 2010.

Annual Report 7 3. Research

3.4 Faculty Research Seminars

Date Presenter Topic 2 March Associate Professor Ian Leader-Elliott Macaulay’s Indian Penal Code: honour, passion and the morality of justified resentment (Law School, University of Adelaide, Australia) 30 March Professor Horst Dippel William Blackstone and modern constitutionalism (University of Kassel, Germany) 13 April Professor Jim Phillips Leading cases and legal history: the 1970’s origins of Canada’s De Facto Expropriation (Faculty of Law, University of Toronto, Canada) Doctrine 4 May Mr Pieter du Toit Stretching the limits: the criminal liability of corporate bodies in South Africa (Faculty of Law, North-West University, South Africa) 11 May Federal Magistrate Maurice Phipps The constitutional writ (Federal Magistrate’s Court, Australia) 24 May Professor Bryan Horrigan Unconscionable conduct and good faith in small business leasing and franchise sectors – (Faculty of Law, Monash University, Australia) the way ahead 22 June Professor Christian Johnson Unusual and exigent circumstances: the Federal Reserve and the U.S. Financial Crisis (College of Law, University of Utah, USA) 14 July Professor James B. Jacobs The jurisprudence of criminal records (School of Law, New York University, USA) 20 July Professor The Hon. George Hampel AM QC Advocacy for law students – 10 years and beyond! (Faculty of Law, Monash University, Australia) 24 August Professor Rod McClure On living with tigers: a regulatory note? (Monash University Accident Research Centre, Monash University, Australia) 14 September Professor Andrew Buck The drama of property: why lawyers should read Shakespeare (Macquarie Law School, Macquarie University, Australia) 21 September Professor Mark Drumbl Not so simple: child soldiers, justice and the international legal imagination (School of Law, Washington & Lee University, USA) 5 October Professor Andrew Goldsmith Policing’s new visibility: technology and the rise of police sous-veillance (Centre for Transnational Crime Prevention, University of Wollongong, Australia) 26 October Professor Gary Edmond The cool crucible: the forensic sciences and the many limitations of adversarial criminal trial (Faculty of Law, University of New South Wales, Australia)

3.5 Research Centre Castan Centre for Human Centre for Regulatory Studies Rights Law Activities n The Centre for Regulatory Studies n The Castan Centre for Human Rights Law conducted a number of research events conducted a number of research events and Activities thoughtout the year. These and Activities thoughtout the year. These are outlined in section 5.2 “Centre for are outlined in section 5.1 “Castan Centre Regulatory Studies”. for Human Rights Law”.

8 Faculty of Law 3. Research

3.6 Competitive Research Grants and Contracts

ARC Federation Professor Bernadette McSherry, ‘Rethinking Mental Health Laws: An Integrated Approach’ (2007–2012) Fellowship (in progress) ARC Discovery Projects Dr Gideon Boas, Professor William Schabas (National University of Ireland, Galway), and Professor Michael Scharf (Case Western (new and in progress) Reserve University), ‘International criminal justice: law, policy and its relevance to Australia’s security’ (2010–2012) Professor Jeffrey Goldsworthy, Dr Dale Smith, and Dr Patrick Emerton, with partner investigators Dr Stephen Barker (University of Nottingham), and Mr Richard Ekins (University of Auckland), ‘A principled theory of legal interpretation’ (2010–2012) Professor Bryan Horrigan, ‘The High Court of Australia’s international impact and engagement – enhancing judicial accountability and Australia’s place in international law’ (2006–2010) Professor Susan Kneebone, ‘Law, governance and regulation of intraregional labour migration in South East Asia: an agenda for protection and development’ (2009–2011) Professor Bernadette McSherry, Associate Professor Patrick Keyzer (University of Technology, Sydney), Professor Samuel Blay (University of Technology, Sydney) with partner investigators Professor John Petrila and Dr Rajan Darjee (Royal Edinburgh Hospital), ‘Preventive detention of high risk offenders: the search for effective and legitimate parameters’ (2008–2010) Professor Sharon Christensen (Queensland University of Technology), Professor Douglas Fisher (Queensland University of Technology), Associate Professor Pamela O’Connor, Professor William Duncan (Queensland University of Technology), Dr Nicola Durrant (Queensland University of Technology), ‘An integrated legal regime for a sustainable carbon cycle’ (2010–2012) ARC Linkage Projects Associate Professor Anne Marsh (Faculty of Art and Design, Monash University), Dr Daniel Palmer (Faculty of Art and Design, Monash (new and in progress) University), Dr Melissa Miles (Faculty of Art and Design, Monash University), and Professor Mark Davison, ‘Photography as a crime’ (2009–2012) Professor Susan Kneebone, ‘Delivering effective protection to victims and prevention of human trafficking in the Greater Mekong Sub- Region (2009–2012) Dr Bronwyn Naylor, Professor Arie Freiberg, Dr Julie Debeljak, Dr Inez Dussuyer (Ombudsman Victoria; partner investigator), and Dr Stuart Thomas (Centre for Forensic Behavioural Science, Monash University), ‘Applying human rights legislation In closed environments: a strategic framework for managing compliance (2008–2011) Dr Bronwyn Naylor, Professor Marilyn Pittard, Dr Georgina Heydon (School of Humanities, Communications and Social Sciences, Monash University), and Associate Professor Moira Paterson, ‘Living down the past: criminal record checks and access to employment for ex-offenders’ (2009–2012) Professor James Ogloff (School of Psychology and Psychiatry, Monash University), Dr Stuart Thomas (School of Psychology and Psychiatry, Monash University), Professor Paul Mullen (School of Psychology and Psychiatry, Monash University), Dr Patricia Martin (Victorian Institute of Forensic Mental Health (Forensicare)), Associate Professor Jonathan Clough, with partner investigators Dr Christine Tye (Forensicare), Mr Ashley Dickinson (Victoria Police), Mr Ken Lay (Victoria Police), and Professor Jeffrey Pfeifer (University of Regina, Canada), ‘Policing services and the mentally ill: an evidence-based good practice model’ (2007–2011) Other externally funded Academy of Social Sciences in Australia (ASSA) research (excluding Dr Karinne Ludlow, ‘Innovation and nonadopter rights: comparing the Australian, Canadian and the United States response to pure economic contracts) loss suffered by non-adopters of innovative technologies’ (2010–2011) AusAID Professor David Cousins, ‘Effective implementation of consumer laws’ (2009–2010) Professor Jeffrey Waincymer, ‘Problem based trade and investment law program’ (2010–2013) Australian Learning and Teaching Council (ALTC) Associate Professor Adrian Evans, ‘Strengthening Australian legal education by integrating clinical experiences: identifying and supporting effective practices’ (2010–2012) Legal Services Board of Victoria (LSB) Dr Renata Alexander,’ Lawful correction or child abuse: clarifying the boundaries, sanctions and decision-making surrounding the physical discipline of children’ (2008–2011) Dr Matthew Groves, ‘Reforming judicial review in Victoria’ (2009–2010) State Government of Victoria, Department of Justice Professor David Cousins, ‘Evaluation of the impacts of interest rate caps’ (2010–2011) Professor Arie Freiberg, ‘Centre for Regulatory Studies Research’ (2008–2011) Victoria Law Foundation Associate Professor David Lindsay, ‘Understanding the law and informed practice guidelines for children engaged in social networking on the Internet (2009–2010) Annual Report 9 4. Teaching

4.1 Reflections on 4.2 Teaching Awards 4.3 Education Matters Teaching portfolio Faculty Teaching Awards – worth $1,000 The Manager – Education Services and Dr each were awarded to Paula Gerber attended the annual Education Professor Stephen Barkoczy was Director Matters on 13th September. This is a series of Teaching during 2010 and the portfolio n Dr Fiona Hum – Sessional Teacher Award of events that celebrates excellence in continued to be supported by Ms Joanna n Dr Normann Witzleb – Faculty Teacher learning, teaching and scholarship. Becker, the Manager – Education Services Award. and Mr Lloyd England, the Manager – The Director of Teaching disestablished the Student Experience. Early Career Teaching Award. 4.4 The Innovation in Vice-Chancellor’s Awards for Programs Teaching and Learning that Enhance Learning Showcase Mr Ross Hyams, Associate Professor Adrian The Manager – Education Services attended Evans, Professor Stephen Barkoczy and the Innovation in Teaching and Learning Ms Joanna Becker were awarded a Special Showcase at the Peninsula campus on Commendation in the VC’s Program Awards 5th November. This showcased a number for the Monash Faculty Law Clinical Program. of innovative approaches to teaching and learning at Monash. Vice-Chancellor’s Awards for Teaching Excellence 4.5 Faculty Education Dr Paula Gerber was awarded a Special Commendation in the VC’s Award for Committee Teaching Excellence. The Faculty Education Committee was 2010 Annual Lexis Nexus – ALTA Award chaired by the Director of Teaching and met for Excellence and Innovation in the three times during 2010. Teaching of Law Dr Paula Gerber was Highly Commended in 4.6 Quality Dr Paula Gerber the Australasian Law Teachers Association The Faculty continued to work closely with Awards for Teaching Excellence. the Monash Quality Unit (MQU) to conduct the required evaluations. Unit Evaluations and Teaching Evaluations were conducted to help provide systematic feedback from students. This feedback is then used by the Chief Examiners and other teachers to assist in improving the quality of the Units offered and of teaching overall.

Dr Gerber with her students on a site visit for LAW4190 – Construction Law.

10 Faculty of Law 5. Centre reports

5.1 Castan Centre for 5.1.1 2010 Highlights 5.1.2 Structure

Human Rights Law n In 2010 the Castan Centre consolidated Director: The Castan Centre for Human Rights Law its position as one of the leading human Professor Sarah Joseph is named after Ron Castan AM QC (1939– rights organisations in the country. It (Personal Leave 19/8/10 to 30/9/10) influenced public and academic discourse, 1999), who was a passionate advocate for Deputy directors: the recognition and protection of human conducted cutting-edge research and Ms Melissa Castan rights and a distinguished member of the gave unprecedented opportunities to (Acting Director Semester 2) Victorian Bar. The Centre was established in secondary and tertiary students to engage 2000 under a grant from the Monash Law with human rights. Highlights of the year Dr Julie Debeljak School Foundation to meet the need for, and included: (OSP – Semester 2) interest in, the study of human rights law, Ms Paula Gerber n The Centre’s 10th Anniversary Dinner, globally, regionally and in Australia. (Maternity leave Sept/Oct) which was attended by over 300 people. The Castan Centre seeks to promote and Professor Susan Kneebone protect human rights through the generation n The 2010 Human Rights Conference, (OSP – Semester 2) and dissemination of public scholarship in which sold out one month in advance. Dr Adam McBeth international and domestic human rights law. (Acting Director 19/8/10 to 30/9/10) n Ten public lectures, including the Annual Lecture hosted in association with Faculty associates: Mallesons Stephen Jaques. Dr Heli Askola Dr Gideon Boas (OSP – Semester 2) n Two roundtables and workshops. Ms Azadeh Dastyari n The fourth annual Charter of Human Dr Patrick Emerton Rights mooting competition. Dr Stephen Gray (OSP – Semester 1) Ms Tania Penovic n The fourth annual Writing for Human Rights essay competition. Mr David Yarrow Centre personnel: n Eight submissions to Parliamentary committees on many areas of human Mr Marius Smith In pursuit of this mandate, the Centre rights, including the Human Rights Ms Erica Contini brings the work of human rights scholars, (Parliamentary Scrutiny) Bill. Mrs Kay Magnani (until 29 April) practitioners and advocates from a wide Ms Janice Hugo (from 19 April) range of disciplines together in the Centre’s n A human rights careers week at the key activities of research, teaching, public Clayton campus featuring six people who Advisory board: education (lectures, seminars, conferences, have forged careers in human rights and Professor Philip Alston, New York University speeches, media presentations etc), applied related fields. School of Law research, advice work and consultancies. n Nine Global Internships undertaken by Professor Virginia Dandan, University of the The centre has established and taught a Monash Law students at organisations on Philippines number of human rights courses in the four continents including new placements Monash Law School; coordinates local Mr Patrick Dodson, Lingiari Foundation Inc in India, Ghana and Israel. and international internship opportunities; The Hon. Elizabeth Evatt AC hosts conferences, workshops, lectures n Twelve in-house internships, covering the Professor Claudio Grossman, Washington and other public events inside and outside summer break, and both semesters. the university; is involved in civil society, the College of Law media and public debate on human rights n Nine Aurora internships, completed at Judge Felicity Hampel, County Court of issues; won grants and project tenders on native title representative bodies, and Victoria cutting-edge issues, and involves itself in other Indigenous organisations, around the Professor Christof Heyns, Centre for Human global and regional human rights problems. country. Rights, S. Africa

n Four practical human rights placement The Hon. Justice Michael Kirby AC CMG, positions with Melbourne law firm Holding Professor Ivan Shearer, UN Human Rights Redlich. Committee Judge Christie Weeramantry, Weeramantry International Centre for Peace Education and Research

Annual Report 11 5. Centre reports

5.1.3 Public events n Lecture by George Bizos SC, one of South Workshops and Roundtables Africa’s leading human rights lawyers, The Centre conducted a number of Public lectures and events ‘Human Rights in South Africa Today’ 5 March 2010 significant workshops and roundtables during 2010, each of which contributed to n Lecture by Dr Joo-Cheong Tham, a Senior n Lecture by Professor Amin Saikal, Director, Lecturer at the Melbourne Law School, the development of law and policy on vital Centre for Arab and Islamic Studies, human rights issues. ‘Money and Politics: Why it Matters to Australian National University, ‘Iran: Human Rights’, 4 November 2010 Between the Sovereignty of God and n Workshop on Archives and Indigenous Human Rights organised by the With commentary by Sam Mclean, Sovereignty of People’, 17 February 2010 Communications and Campaigns Director Archives and Indigenous Human Rights. n Lecture by Jessie Taylor, Melbourne at GetUp.org.au Co-sponsored with The Centre for lawyer and refugee advocate, ‘Out to Organisational and Social Informatics, n Human rights forum moderated by Sea: Refugee Policy Under the Rudd Centre for Australian Indigenous Damien Carrick presenter of The Law Government’, 11 February 2010 Studies and the National Archives of Report on ABC Radio National, ‘Victorian Australia. The workshop aimed towards State Election Human Rights Forum’, 9 Conferences an understanding of the archival and September 2010. Featuring: recordkeeping implications of Australian The 2010 Annual Castan Centre Conference and international human rights for Shadow Victorian Attorney-General and – ‘Human Rights 2010’ – was held on Friday Indigenous Australians, 12 October 2010. Liberal Member for the State seat of Box 17th July 2010, State Library of Victoria. Hill, Robert Clark MP; and n Monitoring and Oversight of Human n Dr Helen Szoke, Commissioner of the Rights in Closed Environment Roundtable, Greens candidate for the State seat of Victorian Equal Opportunity and Human Monash University Law Chambers, Melbourne, Brian Walters SC. Rights Commission Melbourne on 29 November 2010. n Annual Lecture by Andrew Demetriou The roundtable was an outcome from n Mr Phil Lynch, Executive Director of the the Chief Executive Officer of the an Australian Research Council grant Human Rights Law Resource Centre Australian Football League, ‘A matter of entitled Applying Human Rights in Closed leadership: the AFL on the field and in the n Associate Professor Peter van Onselen, Environments: A Strategic Framework community’, 17 August 2010 Contributing Editor at The Australian and for Compliance. Convened by Bronwyn Faculty of Education and Arts, Edith Cowan Naylor with Julie Debeljak, Stuart Thomas, n Lecture by Professor Philip Alston, UN University and Inez Dusseyer (60 invitation only Special Rapporteur on extrajudicial, participants, from a range of stakeholders, summary or arbitrary executions, n Dr Adiva Sifris, Law Faculty, Monash including international technical and Special Adviser to the UN High University experts, federal and state government Commissioner for Human Rights on the n Mr John Garnaut, Fairfax China representatives, service providers, non- Millennium Development Goals, ‘The rise Correspondent governmental organisations, community and rise of targeted assassinations, and organisations, and academics). the implications for international law’, 19 n Mr Iarla Flynn, Head of Public Policy and May 2010 Government Affairs (Australia/NZ), Google n Lecture by Julian Assange, activist, n Professor Ron McCallum AO, Chair of the journalist, and the editor of WikiLeaks. UN Committee on the Rights of Persons com, ‘Geeks versus gag orders: has with Disabilities and Professor of Law, censorship been privatised?’, 13 May University of Sydney 2010. Panel featuring: n Associate Professor Jane McAdam, Professor Sarah Joseph, Director of the Director of International Refugee and Castan Centre; and Migration Law Project, Gilbert + Tobin Centre of Public Law, Faculty of Law, Jeff Sparrow, editor of Overland literary University of New South Wales journal. n Lecture by Michael Croucher, a member of the Victorian Bar ‘R v Momcilovic: Human Rights Victory or Individual Injustice?’, 28 April 2010 n Lecture by Nana Oye Lithur, Chief Executive Director, Human Rights Advocacy Centre, Gana, ‘How gender can affect progress towards the UN’s Millennium Development Goals’, 14 April 2010

12 Faculty of Law 5. Centre reports

5.1.4 Conference papers and n P. Gerber, ‘The United Nations and Human n B. McSherry, keynote speaker at Scottish Rights Education: An Unfinished Journey’, Risk Management Authority Working in public speeches paper presented at the International Partnership: Principles and values in multi- Human Rights Education conference agency Risk Management Conference on n M. Castan, ‘Heather Osland’s case and Sydney, 4 November 2010 ‘Risk Assessment for the Courts: Finding the Legal Process’; Speech to Victorian the Middle Ground’ Edinburgh, Scotland, Commercial Teachers Association, 25 July n S. Gray, ‘Indigenous Labour in Victoria: 12 May 2010 2010 setting the record straight’, paper delivered at the 2010 Conference of the n B. McSherry, Managing High-Risk n M. Castan with P. Seidel, D. McCormack Civil Justice Research Group, Public Offenders: Policy & Practice Workshop, and M. Avery, ‘Wadeye; The Right to Interest Law Opportunities and Obstacles, ‘The Preventive Detention of Suspected Education in Remote Schools’ Garma Key Melbourne University, 27 September 2010 Terrorists: Better Safe Than Sorry?’ Prato, Forum, 8 August 2010 Italy, 17–19 May 2010 n S. Joseph, LIV CPD Human Rights n M. Castan ‘Developments in Indigenous Conference, ‘Human Rights Developments n B. McSherry, International Association Rights and International Law’, Monash Across Australia’, 21 May 2010 of Forensic Mental Health Services 10th Centre for Indigenous Studies, 14 Annual Conference: Mental Health and September 2010 n S. Kneebone, attended 7th Asian Law Forensic Practice Across the Lifespan: Institute Conference (ASLI), Kuala Lumpur, n M. Castan and J. Debeljak, ’The Human Prevention and Promotion ‘Topic: Malaysia – 230 international delegates Rights Impact of the Victorian Charter for Evidence of Risk for the Preventive – presented paper on ‘Compliance and Indigenous People in Record Keeping Detention of Sex Offenders: The Judiciary Pluralism: Responses to Human Trafficking and Archiving’ (Presented at Towards Strikes Back’, Vancouver, Canada, 25–27 and Labour Migration within ASEAN’, 25 May 2010 an Understanding of the Archival and and 26 May 2010 Recordkeeping Implications of Australian n B. McSherry, ‘Perceptions of the and International Human Rights for n S. Kneebone, ‘Trafficking in Children in Effectiveness of Preventive Detention Indigenous Australians, the Annual South and South East Asia: More Degrees Regimes in Reducing Risk’, Australian and Conference of the Australian Society of of Separation Needed’ presentation New Zealand Association of Psychiatry, Archivists, Melbourne, 12 October 2010 at NUS, ARI Inter-Asia Roundtable on Psychology and Law (ANZAPPL), 2010 Transnational Migration and Children in Congress: Prediction – The Holy Grail, n J. Debeljak, ‘R v Momcilovic’, presented Asian Contexts, Singapore, 2–3 August Gold Coast, 26–29 August 2010 (with P. at the Rights Here Rights Now Seminar 2010 Keyzer) Series of the Victorian Equal Opportunity and Human Rights Commission, n S. Kneebone, ‘Transnational labour n B. McSherry, ‘Pre-charge Detention Melbourne, 13 May 2010 migrants: whose responsibility?’ Presented of Suspected Terrorists: Key Issues’, to CIPL workshop on Allegiance and Australian and New Zealand Society of n P. Emerton, ‘Human Rights – A Non- Identity in a Globalised World, Canberra, Criminology, 23rd Annual Conference: Universalist Conception’, delivered to the 21 July 2010 Cross-border and Transnational Crime: Julius Stone Institute of Jurisprudence, Risks and Responses, Alice Springs, University of Sydney, 13 May 2010 n S. Kneebone, presentation at Refugee 27–30 September 2010 Studies Centre (RSC), Oxford University n P. Emerton, ‘Peoples, States and on ‘The Refugee-Trafficking Nexus’, 2 n B. Naylor, ‘Walking the employment tight- Intervention: Philosophical reflections on rope: balancing ex-offender needs and April. Kneebone, Metropolis Asia, Kuala the norms governing the international employer risk minimisation in the use of Lumpur ‘The governance of migration in use of force’, delivered to the Australian pre-employment police record checks’ the region’ (by invitation on regional panel Society of Legal Philosophy Annual (with G. Heydon) European Society of at Workshop on Managing Migration in Conference, University of Melbourne, Criminology Conference, Liege, Belgium, Asia: Building Research Cooperation), 11 (co-authored with Toby Handfield), 4 June September 2010 November 2010 2010 n B. Naylor, ‘Human rights in ‘closed n J. Kyriakakis, ‘Economic Actors and Jus n P. Emerton, ‘Cosmopolitanism, Self- environments’ – balancing demands and Post Bellum’, invited presenter, paper Determination and National Self-Defence’, changing cultures’ European Society of presented at Workshop on Ethics, Jus paper (jointly authored with T. Handfield) Criminology Conference, Liege, Belgium, Post Bellum and International Law, ANU, presented at the Oxford Institute for September 2010 Canberra, 23 August 2010 Ethics, Law and Armed Conflict workshop n B. Naylor, ‘Restorative justice and sexual Why We Fight: The Purposes of Military n J. Kyriakakis, ‘Economic Actors and assault – building parallel pathways for Force in the 21st Century, Oxford Accountability in the Post Conflict victims’ European Society of Criminology University, 8 October 2010 Context’, paper presented at Finding Conference, Liege, Belgium, September Peace in the Nuer Region of Southern n P. Emerton, ‘Is community a crime? Anti 2010 Sudan Through Dialogue, Monash terrorism laws and its affect on targeted University, Melbourne, 1 October 2010 n O’Sullivan, ‘The Harmonisation of Refugee communities’, presented at the National Law in the European Union: Implications Association of Community Legal Centres n J. Kyriakakis, ‘Mistold Stories: The for International Law’, presented at The conference Breaking New Ground, Nuremberg Industrialist Trials’, paper Eighteenth Annual ANZSIL Conference Melbourne, 26 October 2010 presented at Untold Stories: Hidden International Law in the Second Decade Histories of War Crimes Trials, Melbourne of the 21st Century: Back to the Future or University, Melbourne, 15 October 2010 Business as Usual? 24–26 June 2010 Annual Report 13 5. Centre reports

n  T. Penovic, ‘International human rights 5.1.6 Submissions 5.1.7 Publications law as a vehicle for activism opposed to reproductive choice’ delivered at Public n J. Debeljak, ‘Submission on the Human Books Interest Law-Opportunities and Obstacles, Rights (Parliamentary Scrutiny) Bill University of Melbourne, 28 September 2010’, submitted to the to the Legal and n S. Joseph and M. Castan, Federal 2010 Constitutional Affairs Committee, 9 July Constitutional Law: A Contemporary View, 2010, 1–11 (Thomson Reuters, Sydney, 2010, 3rd ed) n A. Sifris, ‘Say ‘Yes’ to Same-sex Marriage n J. Debeljak, Submission on the Directions in Australia’, delivered at the Annual Paper of the Department of Justice of n S. Joseph and A. McBeth (eds), Research Castan Centre Human Rights 2010 Tasmania, ‘A charter of human rights Handbook on International Human Rights Conference, 17 July 2010 and responsibilities for Tasmania’, 29 Law, (Edward Elgar, UK, 2010) November 2010, 1–34 5.1.5 Courses offered n J. Kyriakakis and L. May (Guest Editors) n P. Emerton, Submission to the Senate ‘Special Symposium on International Postgraduate units Legal and Constitutional Committee Criminal Law and Philosophy’ (2010) 4(3) on its Inquiry into the National Security Criminal Law and Philosophy. n K. Eastman, Human Rights and Advocacy: Legislation Amendment Bill 2010 (Cth), Australian Law and Practice Appearance before the Committee in n A. McBeth, International Economic Actors n I. Freckelton, Health Law and Human relation to this submission, 21 May and Human Rights, (Routledge, 2010) Rights n P. Emerton, Submission to the n S. Joseph, Overview of International Senate Legal and Constitutional Book chapters Human Rights Law Affairs Committee, Inquiry into the Telecommunications Interception n G. Boas, ‘Omission Liability in International n S. Kneebone, International Refugee Law Criminal Law – A Case for Reform’, in and Human Rights and Intelligence Services Legislation Amendment Bill 2010, November 2010 Shane Darcy and Joseph Powderly, n A. McBeth, Human Rights in the Global Judicial Creativity at the International Economy n P. Gerber, Submission the Inquiry into Criminal Tribunals (Oxford University Press, whether Tasmania should enact a Charter in press 2010), 15 pages n E. O’Sullivan, International Humanitarian of Human Rights and Responsibilities, n G. Boas, ‘Command Responsibility for the Law Dec 2010 Failure to Stop Atrocities: The Legacy of n S. Joseph and E. Contini, Castan Centre the Tokyo Tribunal’ in Yuki Tanaka, Timothy Undergraduate units for Human Rights Law, Submission to the LH McCormack and Gerry Simpson (eds), Tasmanian Community Consultation, ‘A Beyond Victors’ Justice? The Tokyo War n G. Boas, International laws of armed charter of human rights and responsibilities conflict Crimes Trial Revisited (Martinus Nijhoff, in for Tasmania’, Prepared by, 30 November press 2010), 163–173 n G. Boas and P. Morrissey QC, International 2010 criminal law n G. Boas, ‘The difficulty with individual n A. McBeth, S. Joseph, and E. Contini, criminal responsibility in international n C. Campbell, Law and discrimination Castan Centre for Human Rights Law, criminal law’ in Carsten Stahn and Larissa n S. Joseph, International human rights Submission to the Senate Legal and van den Herik (eds.), Future Perspectives Constitutional Affairs Committee, Inquiry n T. Penovic, Human Rights in Australian on International Criminal Justice into the Human Rights (Parliamentary Law (Cambridge University Press, 2010), Scrutiny) Bill 2010, July 2010 501–519 n Short courses, seminars and T. Penovic, Submission to the Senate n G. Boas, ‘Commentary’ – contempt, false training programs Legal and Constitutional Affairs Committee testimony and misconduct , in Andre Inquiry into the Civil Dispute Resolution Bill Klip and Goran Sluiter (eds), Annotated n G. Boas, S. Joseph, and T. Penovic, 2010, 1 November 2010, with L. O’Dwyer Leading Cases of international Criminal Teaching in Castan Centre Iraq program, and K. Northwood Tribunals: The Special Court for Sierra March 2010 Leone 2004–2006 (Intersentia, 2010), n P. Gerber, J. Kyriakakis, T. Penovic, 676–682 A. McBeth, Iraq Human Rights Program, n M.Castan, ‘DRIP feed: The slow ‘Training of Trainers, 22–24 November reconstruction of self-determination for 2010 Indigenous Peoples’ in S. Joseph and A. n S. Joseph, A. McBeth, P. Gerber, McBeth (eds), Research Handbook on Department of Foreign Affairs, 10–11 International Human Rights Law (Edward October 2010, Canberra Elgar, 2010) 492–511 n S. Kneebone, Asia Research Institute n J. Debeljak and S. Kneebone, ‘Combating (ARI), NUS Singapore Seminar, Transnational Crime in the Greater Mekong ‘Researching Human Trafficking: Sub-Region – the cases of Lao PDR and Searching for the Victims’, 11 May 2010 Cambodia’ in Les Holmes (ed), Trafficking and Forced Migration: Australian, European and Global Perspectives (Edward Elgar, London, 2010) 133–52

14 Faculty of Law 5. Centre reports

n P. Gerber, ‘Human Rights Education: n J. Kyriakakis, ‘The United Nations and n S. Kneebone, ‘The Governance of Labor Growing a Better Future’ in Sykes, Helen human rights’ (with S. Joseph), in A. Migration in South East Asia’ for Global (ed) Future Justice (2010) Future Leaders, McBeth and S. Joseph (eds) Research Governance: A Review of Multilateralism Melbourne Handbook on International Human Rights and International Organisations – Global n P. Gerber, ‘Do States have an Obligation Law 2010 Edward Elgar Publishing 1–35 Governance 16 (2010) 383–396 under International Law to Provide Human n J. Kyriakakis, ‘Prosecuting corporations for n S. Kneebone, ‘Introduction: Governance Rights Education?’ in Chowdhury, A. international crimes: The role for domestic Beyond Boundaries’ (2010) 29(1) Refugee and J. Bhuiyan. (eds) An Introduction to criminal law’, in May L and Hoskins Z(eds) Survey Quarterly 1 International Human Rights Law (2010) International Criminal Law and Philosophy n S. Kneebone, ‘The Refugee-Trafficking Brill Publishers, Netherlands 2010 Cambridge University Press 108–137 Nexus: Making Good (The) Connections’ n P. Gerber, ‘Human Rights Education: A n A. McBeth, ‘Human Rights in Economic (2010) 29(1) Refugee Survey Quarterly 137 Slogan in Search of a Definition’ in S. Globalisation’, in S. Joseph and A. n S. Kneebone, ‘The Refugee-Trafficking Joseph, & A. McBeth (eds) Research McBeth (eds), Research Handbook on nexus: when return and reintegration Handbook on International Human Rights International Human Rights Law (Edward become refoulement’ (July 2010) 33 Law, Edward Elgar Publishers (2010) Elgar, 2010) Alliance News 24 n P. Gerber, ‘Human Rights Education: Articles n S. Kneebone, ‘Human Traffic’, (Autumn Growing a Better Future’ in H. Sykes (ed) 2010) 7(1) Around the Globe 24 Future Justice (Future Leaders, Melbourne n H. Askola, ‘Human Rights and n S. Kneebone, Guest Editor of a Special 2010) Globalisation’, in: A. Rahman Chowdhury Edition of Refugee Survey Quarterly on n P. Gerber, ‘Do States have an Obligation & Jahid Hossain Bhuiyan, eds. ‘Governance Beyond Boundaries’ under International Law to Provide Human Introduction to International Human Rights n J. Kyriakakis, ‘Introduction to the Special Rights Education?’ in A. Chowdhury, Law (Brill, 2010) Edition’ (2010) 4(3) Criminal Law and and J. Bhuiyan (eds) An Introduction to n H. Askola, ‘“Illegal Migrants”, Gender and Philosophy 245–247 International Human Rights Law (Brill Vulnerability: The Case of the EU’s Returns Publishers, Netherlands 2010) Directive’ (2010) Feminist Legal Studies Other Publications n S. Joseph, ‘Scope of Application’, in D. 18(2), 159–178 Moeckli, S. Shah and S. Sivakumaran n G. Boas, ‘Self-representation before the n M. Castan, ‘The High Court and the (eds), International Human Rights Law ICTY: a case for reform’ (2010) 5 Journal Freedom of Political Communication’, (OUP, 2010), 150–170 of International Criminal Justice, 1–31 Castan Centre for Human Rights Law Blog, WordPress, 5 December 2010 n S. Joseph and J. Kyriakakis, ‘The United n G. Boas, ‘War Crimes Prosecutions in Nations and Human Rights’, in S. Joseph Australia and other common law countries: n M. Castan, ‘Remembering the Rule of and A. McBeth (eds), Research Handbook some observations’ (2010) 21 Criminal Law’, Castan Centre for Human Rights on International Human Rights Law Law Forum, 313–330. Law Blog, WordPress, 16 November 2010 (Edward Elgar, UK, 2010), 1–35 n M. Castan with J. Paterson ‘From n P. Gerber, ‘Opening up Marriage to n S. Joseph, ‘Civil and Political Rights’, in Supergirl to the Invisible Woman’ Same-Sex Couples’, Castan Centre for Mashood Baderin and Manisuli Ssenyonjo Alternative Law Journal (2010) 35 (3) Human Rights Law Blog, WordPress, 17 (eds), International Human Rights Law: Six November 2010 n M. Castan, ‘Law, advocacy and the Brave Decades after the UDHR, (Ashgate, 2010), New World’ (2010) 35(4) Alternative Law n S. Joseph, ‘The UN, Executions, and 89–106 Journal GLBT rights’, Castan Centre for Human n S. Joseph, ‘Scope of Application’, in D. Rights Law Blog, WordPress, 23 n M. Castan, ‘Remembering the Rule of Moeckli, S. Shah and S. Sivakumaran November 2010 Law’ (2010) 35(4) Alternative Law Journal (eds), International Human Rights Law n S. Joseph, ‘Defamation, Twitter and Free n P. Emerton, “Political Freedoms and (OUP, 2010) 150–170 Speech’, Castan Centre for Human Rights Entitlements in the Australian Constitution n S. Joseph, ‘United Nations Treaty Bodies Law Blog, WordPress, 23 November 2010 – An Example of Referential Intentions and Labour Rights’, in C. Fenwick and Yielding Unintended Legal Consequences” n S. Joseph, ‘Developments in Twitter T. Novitz (eds), Human Rights at Work: (2010) 38 Federal Law Review 169 Defamation Case’, Castan Centre for Perspectives on Law and Regulation (Hart, (awarded the inaugural Zines Prize for Human Rights Law Blog, WordPress, 1 Oxford, 2010) 331–358 the best article published in 2010 in the December 2010 n S. Kneebone, ‘Controlling Migration at Federal Law Review). n S. Joseph, ‘Reflections on WikiLeaks’, Sea: The Australian Case’ in B. Ryan n S. Gray, Book review, ‘Killing: Castan Centre for Human Rights Law and V. Mitsilegas (eds) Extraterritorial Misadventures in Violence’, (2010) 35(2) Blog, WordPress, 10 December 2010 Immigration Control: Legal Challenges Alternative Law Journal 126 n M. Smith, Eritrea: All that potential, and (Martinus Nijhoff 2010) 347–374 n S. Joseph, ‘Sport and Human Rights: so little to show for it’, Castan Centre for n S. Kneebone with M. O’Sullivan, Closer than you Think’, (2010) 35 Human Rights Law Blog, WordPress, 14 ‘Commentary on Article 1C’ for Andreas Alternative Law Journal, Vol 4, 235–236 December 2010 Zimmermann ed, The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol: A Commentary (OUP, 2010)

Annual Report 15 5. Centre reports

5.1.8 Media 5.1.9 Research projects n Recipient of Monash Research Accelerator Programme Grant, 2011–2012 n G. Boas, ‘Celebrity minidrama cheapens n Co-Chief Investigator on ARC Linkage ($110,000), 2011–2012, P. Gerber trial’, opinion piece, The Age newspaper, Grant entitled ‘Australia’s Post World n Administration of Aboriginal affairs during 14 August 2010. War II War Crimes Trials: A systematic the ‘assimilation’ era, S. Gray n G. Boas, ‘Soldiers’ work is life or death, and Comprehensive Law Report Series’, but they’re not above the law’, opinion 2008–2011 ($220,593), G. Boas n Indigenous issues and criminal law in the Northern Territory, S. Gray piece, The Age newspaper, 13 October n Sole Chief Investigator on ARC Discovery 2010 Project Grant: ‘International Criminal n Ongoing work as sole investigator on n J. Debeljak, Ask an Expert Column on Justice: Law, Policy and its Relevance internationalisation of Australian judicial a National Bill of Rights, The Age, 21 to Australia’s security’, 2010–2012 decision-making, under an ARC Discovery September 2010 ($176,000), G. Boas Grant 2006–2010, B. Horrigan n S. Joseph, Stance on human rights has n Monash University Law Faculty Small n Oxford University Press, Analysis of all everything – except a Charter’, The Age, Grant, 2009/10, G. Boas decisions of UN Human Rights treaty monitoring bodies. S. Joseph 22 April 2010 n Recipient of Monash Research Accelerator n S. Joseph, Interview with The Age, Higher Programme Grant entitled ‘Dealing with n ARC Linkage Grant, ‘Australia’s Response Age, Getting down to business on human war criminals within Australia’, 2011–2012 to Trafficking in Women: A Model for the rights by Deb Anderson, 26 October 2010 ($110,000), G. Boas Regulation of Forced Migration in the Asia-Pacific Region?’, with fellow Chief n S. Joseph, Profile of the Castan Centre n 2009–10: Federal Attorney-General’s Investigators Prof Bernadette McSherry by The Age, Higher Age, Do we have the Department competitive tender, ‘Provision and Prof Susan Kneebone rights to a fair go? by Deb Anderson, 26 of Research into Family Violence since October 2010 the 2006 Family Law Reforms’. Monash n ARC Linkage Grant, ‘Delivering Effective Protection to Victims and Prevention of n S. Joseph, National Times, Abbott out University, University of South Australia Human Trafficking in the Greater Mekong of step on elected judges, 11 November and James Cook University, B. Batagol Sub-Region’, S. Kneebone 2010 n Commonwealth of Australia, Services for n ARC Discovery Grant ‘Law, Governance n J. Kyriakakis, Radio interview: Back Story Native Title Representative Bodies, ‘Aurora and Regulation of Intra-regional Labour Radio Adelaide (101.5 FM) ‘Corporations Project’, M. Castan, R. Potok and M. Migration in South East Asia: An Agenda and the ICC’ 10 February 2010 Smith for Protection and Development’, n Faculty Small Grants Scheme Award n J. Kyriakakis, Interview on ABC News S. Kneebone Radio, Anvil Mining and Corporate ‘Making Indigenous Australians Disappear: n ARC Linkage Grant ‘Applying Human Accountability, Out of Africa, 17 October The Magic Tricks performed by our Birth Rights Legislation in Closed Environments: 2010 Registration Systems’ M. Castan (with P Gerber). A Strategic Framework for Managing n A McBeth, ‘Human Rights Act based on Compliance’, B. Naylor, A. Freiberg, J. n Law Faculty Conference Support Scheme tried and tested law’, The Australian, Legal Debeljak, S. Thomas and I. Dussuyer. Affairs, 5 March 2010 Grant in 2009, ($10,000, with B. Naylor). The Grant will contribute to the costs n Law Faculty Conference Support Scheme n A McBeth, ‘The bottom line is this: the final of organizing a conference of national Grant in 2009, ($10,000, with B. Naylor). say lies with the elected’, The Australian, and international signnificance entitles The Grant will contribute to the costs of Legal Affairs, 19 March 2010 ‘Implementing Human Rights in Closed organizing a conference with international n A. McBeth, The Australian, Victoria’s Environments’ to be held at the Monash and national speakers, ‘Implementing Charter of Human Rights protects the University Law Chambers in early 2012, J. Human Rights in Closed Environments’ individual, 10 December 2010 Debeljak to be held at the Monash Chambers in Melbourne in February 2012, J. Debeljak

16 Faculty of Law 5. Centre reports

5.1.10 Student Programs c) Human Rights Career Series Seminars e) Human Rights Essay Competition (a) Global Internship Program The Centre revamped its human rights The Castan Centre sponsored the 2010 careers series in 2010 creating a “Human Writing for Human rights Essay Competition The Castan Centre global Internship Program Rights Careers Week” in conjunction with the for Victorian year 10, 11 and 12 school selected nine interns for the following Monash Law Students Society and Friends students. The topic for 2010 was ‘Criminals organisations with funding from the Student of International Humanitarian Law. Three don’t deserve the same human rights as Mobility Fund, Daniel and Danielle Besen, seminars were presented during the week in everyone else’. This competition is held Sylvia & Michael Kantor, the Dara Foundation, September: to engage young people with the law and the Nordia Foundation and the DVC legal debate through current human rights, Education Fund: n Domestic Human Rights Careers social and political issues. 221 essays were n  Human Rights First, New York – Sayomi – Anna Serry, Lawyer, Victorian Bar Pro received from students and prizes for first, Ariyawansa Bono Scheme, Public Interest Law second, third and a schools prize were Clearing House awarded at the Great Law Week Debate. The n International Commission of Jurists, competition was supported with a General Geneva – Anne Poulos – Elizabeth Wall, Legal Policy, Human Grant from the Victoria Law Foundation. Rights Unit of the Victoria Department of n  International Women’s Rights Action Justice f) Advanced Professional Practice Watch – Asia Pacific, Kuala Lumpur and Geneva – Sarah-Mae Thomas – Kerin Leonard, Manager Legal Unit, Advanced Professional Practice M. Castan, Victorian Equal Opportunity and Human P. Gerber, S. Joseph and S. Kneebone, n  Oxfam Australia, Durban, South Africa – Rights Commission Academic Conveners of Human Rights Amy Burton and Helen Fabinyi Clinic in the LLB subject ‘Advanced n International Human Rights Careers n  United Nations Global Compact, New York Professional Practice’ run by the Castan – Alyse Richmond – Louise Searle, Senior Advisor, Centre in conjunction with Holding Redlich. Humanitarian Protection, World Vision (Supervised and coordinated by R. Hyams) n  United Nations Special Rapporteur on the Right to Health, Mumbai – Alexandra – Andrew Beswick, Campaigns Manager, g) The Aurora Project Lachal Amnesty International Australia Nine interns were placed at a number of n Human Rights Advocacy Centre, Ghana – n International Humanitarian Law & the bodies, including native title representative Hester Kelly Young Lawyer: Internships at International bodies, the Australian Human Rights Tribunals Commission and the Cape York Institute. n Israel Democracy Institute, Israel – Yardena The centre’s Deputy Director M. Castan Lankri d) Charter of Rights Moot and Manager M. Smith interviewed all the An information session on the program Victorian Charter of Human Rights and applicants from Monash, La Trobe, Deakin was held for students at Monash University Responsibilities Moot, with Law School and Victoria Universities and assisted Aurora Clayton on 27 July 2010. The global interns teams competing from Monash University, personnel with selection of appropriate also underwent cross-cultural training prior La Trobe University, Melbourne University, interns and recipient bodies. In addition they to their internships, conducted by cross- Victoria University and Deakin University, continued administration, financial control cultural expert Maria Dimopoulos of Myriad was sponsored by Clayton Utz and held at and editing duties in regard to this project. Consulting. Clayton Utz and the Court of Appeal from 2–9 August. A Melbourne University team b) In-house Internship Program was the winner of the 2010 Moot. During 2010 12 interns were selected for the Centre’s in-house Internship Program covering the summer break and both semesters. This program provides community-minded Monash law students the opportunity to assist the Centre in developing and implementing its suite of human rights programs.

Annual Report 17 5. Centre reports

5.1.11 Student Supervisions b) SJD Kyriakakis. J, Jurisdiction over terrorist crimes: Examining the case for a rule Boas. G, From Milosevic to Guantanamo a) PhD of permissive universal jurisdiction in Bay, an examination of the construction of Boas. G, Ambiguities regarding the customary international law to try certain the due process norm in the enforcement prerequisites for the exercise of self- crimes of terrorism, Kim Northwood (co- of International Humanitarian Law, defence, Sina Etezazian supervisor with Gideon Boas) Elizabeth King Castan. M, Determining Native Title, McBeth. A, Counter-terrorism laws, Jing Boas. G, The paradox of legal Brendan Loizou Zhu, (with Dr Patrick Emerton) responsibility: the application of corporate Castan. M, Indigenous Adoption practices, criminal liability to the state, Robin Smith McBeth. A, The National Security Kirsten McKillop Exception to Freedom of Expression, Debeljak. J, The Australian Human Rights Castan. M, The Koori Court of Victoria: Sushendra Fernando An answer to cultural and language Framework – How effective can it be in disadvange for indigenous offenders in the protecting human rights?, Nicola Walker McBeth. A, Sentencing in international criminal law, David Carolan criminal justice system?, Natalie Stroud Gray. S, Complicity in crime, Mark Castan. M, The Mabo Litigation, Bryan Gumbleton Keon Cohen (staff PhD) 5.2 Centre for Regulatory c) Undergraduate Papers Emerton. P, Neo-liberalist doctrine of Studies individual rights, Sue Teppendon Kyriakakis. J, The ATCA, the ICC, and Corporate Human Rights Abuses: An The Monash Centre for Regulatory Studies is Gerber. P, All the way to the UN: Is Analysis in Terms of Union Carbide and a joint initiative between the faculties of Law, petitioning a UN human rights treaty-body Unocal, Namrata Kant Business and Economics, Arts, Medicine, worthwhile?, Olivia ball Nursing and Health Sciences and Pharmacy Joseph. S, Culture and punishment: a Kyriakakis. J, Sexual Violence in Conflict and Pharmaceutical Sciences. The aim of case study on the road to university, and the ICC: Is the End to an Era For the Centre is to integrate regulatory theory Nicole Bieske Sexual Violence Against Women in Sight?, and practice through a cross-disciplinary Srindhi Kulkarni Joseph. S, (associate supervisor) approach to postgraduate teaching and Conceptualising Restrictions on Abortion d) Honours research programs. and Involuntary Sterilisation Procedures The objectives of the Centre are to: as Torture or Cruel, Inhuman or Degrading G. Boas, Humanitarian Intervention: The Treatment, Ronli Sifris Vital Last Resort, Christopher Spain n promote interdisciplinary post-graduate teaching and higher degree research Castan. M, Evaluating Indigenous Welfare Joseph. S, Protection of economic, social programs and cultural rights: a critical analysis of Reforms in the Northern Territory and the fundamental principles of state policy Queensland, Helen Fabyini n foster interdisciplinary innovative research in the Constitution of Bangladesh, Ekram in regulatory theory and practice Gray. S, Concerned repatriation of Haque n encourage engagement in the national Indigenous ancestral remains in Australia, and international academic activities of the Joseph. S, Strengthening the human the UK and the US, William Parker right of freedom of religion and belief by discipline and contribute to public policy protecting freedom from religion, Marika Debeljak. J, Sexual Orientation and making McAdam International Law: Is Being Queer a n develop opportunities for research grants Universal Human Right, Chris Holt Kyriakakis. J, Rule Against Double and other research funding Jeopardy in Criminal Law, Engi Messiah Joseph. S, EU Renewable Energy Directive n make a significant contribution to the (ongoing; Associate Supervisor, Main with the WTO General Agreement on faculties participating in this initiative Supervisor – Bronwyn Naylor) Tariff’s and Trade, Julian Vido n provide a scholarly presence, that is McBeth. A, Out of Sight, Out of Right?: Joseph. S, Indigenous Peoples Right of recognised nationally and internationally, in Extraterritorial processing of Refugees by Self-Determination in International Law, the interdisciplinary study of regulation the United States on the Caribbean Sea, Crystal Triggs n undertake and encourage training, Dastyari. A research and consultancy activities in the Kyriakakis. J, Ensuring Fair Play by McBeth. A, The intersection of the human public and private sectors in Australia and Transnational Corporations: The Extractive right to religious freedom and planning overseas Industry, the Resource Curse and the laws Building God’s Temple: Planning Right to Development in Developing n run seminars, workshops and short Regulations, Places of Worship and Countries, Sarah Lenthall courses for the public and private sectors. Religious Freedom in Australia, Noel Villaroman (with Dr Paula Gerber)

18 Faculty of Law 5. Centre reports

5.2.1 Structure Members and Associates: 5.2.2 Public events Prof Arie Freiberg (Dean, Advisory Board Faculty of Law) Faculty Seminars Ms Penny Armytage, Secretary, Department Professor Graeme Hodge n  24 August 2010: ‘On living with of Justice (Director) tigers: a regulatory note?’ Mr Richard Clarke, Executive Director, Presented by Professor Rod McClure, Professor Bryan Horrigan Victorian Competition and Efficiency Director, Monash University Accident (ADR Research, Faculty of Law) Commission Research Centre, Monash University Professor Christopher Arup Mr Rex Deighton Smith, Director, Jaguar (Faculty of Business and Economics) 5.2.3 Staff members’ Consulting Pty Ltd Professor Justin Malbon activities Mr Joe Dimasi, Commissioner, Australian (Faculty of Law) Competition and Consumer Commission Conference Papers Associate Professor Pamela O’Connor Mr Stephen Glenfield, General Manager, (Faculty of Law) Hodge, G. A. (2010) On Evaluating PPP Specialised Institutions Division, Australian Success: Thoughts for Our Future, Keynote Prudential Regulation Authority (from March Dr David Cousins (Professorial Fellow, Faculty address delivered at the Finnish Association 2010) of Law) for Administrative Studies, XXIX Research Ms Wendy Peter, Partner, Allens Arthur Dr George Gilligan (Senior Research Fellow, Conference, Helsinki, November 25. Robinson Faculty of business and Economics) Hodge, G. A., Maynard, A. and Bowman, Mr Warren Day, Regional Commissioner, Dr David Lindsay D. M. (2010) Nanotechnology: Rhetoric, Australian Securities and Investment (Faculty of Law) Reality, Risks and Regulation, invited Commission presentation to the 7th Seminar in Dr Karinne Ludlow Nanotechnology, Society and Environment, (Faculty of Law) 10–12th November, Rio de Janeiro, Brazil. Dr Bronwyn Naylor Cousins, D (2010), ‘Institutional (Faculty of Law) arrangements Unconscionable conduct and Dr Eric Wilson Guarantees and warranties’, presented at the (Faculty of Law) Department of Trade and Industry, Republic of South Africa, Consumer Protection Law Ms Rowena Cantley-Smith Conference, Johannesberg, 4–5 March. (Faculty of Law) Hodge, G. A. and Ejersbo, N. (2010) Mr Stuart Kells ‘Rethinking Local Government as a (HDR, Student) Regulator: Some Observations and Mr Eric Windholz Implications’, paper presented at the (HDR, Student) International Research Society for Public Management (IRSPM) Annual conference Dr Sandra Webb Bern, Switzerland, 7–9 April (Business Development) Hodge, G. A., Greve, C. and Boardman, Ms Meli Voursoukis A. (2010) ‘Public-Private Partnerships: (Centre Administrator) Recent International Experiences and Future Challenges for Research’, paper presented at the International Research Society for Public Management (IRSPM) Annual conference Bern, Switzerland, 7–9 April Hodge, G. A., Maynard, A. and Bowman, D. (2010)’ The Nanotechnology Brand’, paper presented at the International Research Society for Public Management (IRSPM) Annual conference Bern, Switzerland, 7–9 April

Annual Report 19 5. Centre reports

Submissions to Parliamentary 5.2.4 Monash courses and 5.2.5 Publications committees units offered Books/Monographs Horrigan, B (2010) Appointment to 3-member expert panel to conduct two inquiries and Postgraduate Courses Malbon, J (submitted), ‘A Commentary on make two reports and recommendations Graduate Diploma in Regulatory Studies The Agreement on Trade Related Aspects to the Federal Minister for Competition of Intellectual Property (TRIPS): monograph Policy and Consumer on ‘franchising and Master of Regulatory Studies with Professor Mark Davison and Dr Charles unconscionable conduct’, to consider Lawson’, commissioned by Edward Elgar, Postgraduate Units issues arising out of the Senate Economics London. Committee inquiry into unconscionable Comparative corporate governance conduct and the parliamentary Joint (LAW7344), 20 July to 12 October Hodge, G. A., Greve, C. and Boardman, A. committee on Corporations and Financial (2010) International Handbook in Public- The privatising state: reform, regulation Services into the Franchising Code of Private Partnerships, commissioned by and reinvention (LAW7329), 6, 7, 13, 14 Conduct, 2009–2010 Edward Elgar, UK. September Horrigan, B (2010) Submission to the Hodge, G. A., Bowman, D. M. and Regulation of Australian water resources Senate Legal and Constitutional Affairs Maynard, A. (2010) International Handbook (LAW7325), 9, 10, 16, 17 August Committee inquiry into the Human Rights in the Regulation of Nanotechnologies, (Parliamentary Scrutiny) Bill 2010 (Cth) and Regulatory Methods (LAW7315), 7, 8, 9, 12, commissioned by Edward Elgar, UK. the Human Rights (Parliamentary Scrutiny) 13 July Hodge, G. A., Greve, C. and Boardman, (Consequential Provisions) Bill 2010 (Cth), A. (forthcoming 2010) ‘International The law of climate change (LAW7434), 18, 2010. Handbook in Public-Private Partnerships’, 21, 25, 28 June commissioned by Edward Elgar, UK. Invited Addresses Evaluating what works in regulation Freiberg, A (2010) ‘The Tools of Regulation’, (LAW7317), 3, 4, 24, 25 May Hodge, G. A. (2010) Regulation – the Why Sydney, The Federation Press and the How, Address to the Australian International environmental law (LAW7068), Horrigan, B (2010) Corporate Social Institute of Food Science Technology 23, 25, 30 March and 1 April Responsibility in the 21st Century: Debates, Conference, July 26. Models, and Practices Across Government, Regulatory fundamentals: concepts, Law, and Business, Edward Elgar Publishing Cousins, D (2010), ‘Ethics and the regulation constructs and context (LAW7313), 15, 16, Ltd, UK of the legal profession’, presented at the 17, 22, 23 March Ethics of Regulating the National Legal Profession Monash University Forum’, Melbourne 30 March. Cousins, D (2010), ‘Consumer regulation compliance and enforcement: the experience of Consumer Affairs Victoria 2002–2008’, presented at the Victorian Competition and Efficiency Commission Seminar, Melbourne 17 February. Evidence before Parliamentary committees Hodge, G. A. (2010), Meeting with OECD Regulatory Reform Review Panel for Australia, 4 February, Caulfield.

20 Faculty of Law Book Chapters Hodge, G. A., Greve, C. and Boardman, A. Ludlow, K (2010), ‘Australian Pesticides and (2010) Conclusions, PPPs: Should we call Veterinary Medicines Authority’ in Encyclopedia Hodge, G. A. (2010) Reviewing Public-Private it a draw? in Hodge, G. A., Greve, C. and of Nanotechnology and Society, Sage Reference Partnerships: Some Thoughts on Evaluation, Boardman, A. (Eds) International Handbook in Bowman, B., G. Hodge and K. Ludlow (2010), in Hodge, G. A., Greve, C. and Boardman, A. Public-Private Partnerships, commissioned by ‘Australia’ in Encyclopedia of Nanotechnology (Eds) International Handbook in Public-Private Edward Elgar, UK. Partnerships, commissioned by Edward Elgar, and Society, Volume 1, pp 34–36, Sage UK. Greve, C. and Hodge, G. (2010) Public-private Reference partnerships and public governance challenges, Bowman, B., G. Hodge and M. Fitzharris Hodge, G. A., D. M. Bowman and A. D. in The New Public Governance: Emerging (2010), ‘Therapeutic Goods Administration’ in Maynard (2010), ‘Introduction: The Regulatory perspectives on the theory and practice of public Encyclopedia of Nanotechnology and Society, Challenges for Nanotechnologies’, in Graeme governance, edited by Stephen P. Osborne, Volume 2, pg 757, Sage Reference A. Hodge, Diana M Bowman and Andrew D. pp149– 62, Routledge. Maynard (eds), International Handbook on Ludlow, K. and P. Binks (forthcoming 2010), Regulating Nanotechnologies, Cheltenham: Greve, C. and Hodge, G. A., (2010) A chap 8 in G. Hodge, D. Bowman and A. Edward Elgar. Transformative Perspective on Public Private Maynard (eds), International Handbook on Partnerships, in ~Transforming the public sector, Regulating Nanotechnologies (Edward Elgar Hodge, G. A. and Duffield, C. (2010) The edited by Tom Christensen & Per Lægreid, Publishing Ltd). Australian PPP Experience: Observations and Ashgate publishing. Reflections, in Hodge, G. A., Greve, C. and Lindsay, D., de Zwart, M & Collins, F (2010) ‘My Boardman, A. (Eds) International Handbook in Maynard. A. D., Bowman, D. M. and Hodge, G. Self, My Avatar, My Rights: Rights of Avatar Public-Private Partnerships, commissioned by A. (2010) Conclusions: Triggers, gaps, risks and Identity and Integrity in Virtual Worlds’ in Daniel Edward Elgar, UK. trust, in Graeme A. Hodge, Diana M. Bowman Riha (ed) Humanity on Cybernetic Environments and Andrew D. Maynard (eds), International (Inter-Disciplinary Press, Oxford, 2010) 147–158. Hodge, G. A., Greve, C. and Boardman, A. Handbook on Regulating Nanotechnologies, (2010) Introduction: The PPP Phenomenon and Cheltenham: Edward Elgar. its Evaluation, in Hodge, G. A., Greve, C. and Boardman, A. (Eds) International Handbook in Bowman, D. M. and Hodge, G. A. (2010) Public-Private Partnerships, commissioned by Creating a Better World: International Edward Elgar, UK. Mechanisms for Regulating Nanotechnologies, chapter 16 in Donnie McClurcan (Ed), Nanotechnology: As if the World Mattered, published by CRC press Ludlow, K (2010), ‘Australia New Zealand Food Authority’ in Encyclopedia of Nanotechnology and Society, Sage Reference

Annual Report 21 5. Centre reports

Refereed journal articles Other refereed publications 5.2.6 Grants and fundraising Hodge, G. A. and C. Greve (2010), Public- Maynard, A., Bowman, D. M. and Hodge, G. Private Partnerships: Governance Scheme Regulating Nanotechnologies: Resolving a Grants or Language Game?, Australian Journal of Wicked Problem, commentary submitted to n Malbon, J(2010) Faculty Small Grant, Public Administration, 69 (1), S8–S22. Science, July 2010 ’Contracting the digital age: consumer Bowman, D. M. and G. A. Hodge (2010), Media evaluations of salient terms’, $4995 Governing Nanotechnologies with Civility, Consultancies International Journal of Nanotechnology, Hodge, G. A (2010) interviewed by Emily volume 7, nos 2–3, pp 224–242. Bourke for ABC AM program concerning Lindsay, D. (2009–2010) ‘Understanding report entitled Union stand-off with Thiess the law and informed practice guidance for Kells, S. and Hodge, G. A. (2010) Redefining continues, Sat 20 November children engaged in social networking on the the Performance Auditing Space, Asia Pacific Internet’, Legal Services Board grant G09 Journal of Public Administration, 32 (1) Hodge, G. A. (2010) Interview with Trevor – 10 (with M. De Zwart and M. Henderson) pp1–21. Chappell on Privatisation, for ABC Overnights program, Wednesday 22 September. $40,000. Kells, S ( 2010) ‘Thrusters, Scoopers, Short courses, seminars and training Scroungers and Squirrels: A Takonomy Hodge, G. A. (2010) ‘Investors to receive programs of Public Sector Audit and Accountability super profits’, ABC News, Stateline. 10 September Mechanisms’, Journal of Contemporary n Forum, Evidence Based Regulatory Issues in Business and Government. Hodge, G. A. (2010) 774 Melbourne, Reform: Beyond 2010, 6 December Interview on Victoria’s Desalination Plant Freiberg, A (2010) ‘Re-stocking the n Monash Centre for Regulatory Studies Regulatory Toolkit’, Working Paper No PPP quoted in News Bulletin, Saturday 11 providing ASIC with 1 of 4 Regulatory 15, Jerusalem Papers in Regulation and September Studies Workshops, 26 November Governance, http://regulation.huji.ac.il/ Hodge, G. A. (2010), 612 ABC Brisbane, dp.php n Executive workshop series, The ‘Commercial-In-Confidence’ and Regulatory Revelations: the professionals Government Contracts, interview with Kelly guide to the changing world of regulation, Higgins-Devine for ‘Drive’ program, Tuesday 31 August 3 August n External Seminar at Clayton Utz (by Hodge, G. A. (2010), ABC Regional Radio, invite only): Australian Securities and ‘Public-Private Partnerships’, interview with Investments Commission’s Approach Anne Delaney, Tuesday 13 July. to Market Integrity, Tony D’Alosio, ASIC Kells, S (2010), ‘Ombudsman the biggest Chairman, 11 March. loser in anti-corruption shake-up’, The Age, 3 June Kells, S (2010) , ‘In defence of myki – my dinner invitations be damned!’, The Age, 7 May. Hodge, G. A. (2010), ABC Radio National, ‘Nanotechnology’, interview with Paul Barklay for ‘Australia Talks Back’, Tuesday 23 March. Kells, S (2010), ‘Victoria suffers from too many watchdogs, not too few’, The Age, 23 February

22 Faculty of Law 5. Centre reports

5.3 International Institute 5.3.1 Structure 5.3.2 Courses offered of Forensic Studies The original structure of the Institute was as The courses and workshops following follows: are offered by IIFS and also include those The International Institute of Forensic Studies activities supported by IIFS for the Faculty Director: (IIFS) was established in July 2001 to and/or the Australian Advocacy Institute Professor the Hon. George Hampel AM QC promote education and research relating to (AAI). the functioning and processes of courts and Associate Director: tribunals. The word “forensic” is used in its Adjunct Professor Ian Freckelton Postgraduate courses broad sense of ‘relating to the courts’ and ‘forensic studies’ is intended to encompass Director of Education: n Graduate Certificate in Forensic Studies the many areas of work which may be Dr Jonathan Clough (Accounting) described as forensic in nature. This extends Informal Advisory Committee: beyond legal practitioners and includes This course was developed in conjunction all those involved in the forensic process Judge Felicity Hampel SC with the Institute of Chartered Accountants in such as professionals who provide expert Professor Stephen Cordner Australia (ICAA) and the Australian Advocacy Institute (AAI). The course is offered over a 10 evidence, police and other investigative Professor Jim Ogloff agencies. month period mainly online and partly face Professor Paul Mullen to face in Melbourne and consists of four By promoting education and research in Associate Professor David Wells units: The Expert Witness in the Adversary the forensic area the institute aims to help System; Pre-Trial Preparation and Analysis; Associate Professor Brian Cherry improve the functioning of courts and Assessment of Damages and the Expert tribunals and all those involved with them. Associate Professor Raphael Grzebieta Witness in the Courtroom (assisted by the The international focus of the institute reflects Hugh Selby Australian Advocacy Institute). a belief that there is much to be learned Paul Vincent FCA by exchange of ideas between different Advocacy, Theory and Practice (LLM) jurisdictions facing challenges in the forensic field. Undergraduate unit

n Trial practice and advocacy

Short courses, seminars and training programs

n Medico Legal Conference – Cortina, Italy

n Jessup Moot Training

n Melbourne University Advocacy Course

n Victorian Bar Readers’ Course

n Business Valuations & Forensic Accounting Conference, ICAA, Sydney

n Victorian Equal Opportunity & Human Rights Commission Workshop

n Queensland Law Society Symposium, Brisbane

n LIV Hanover & Mooting Competition – Advocacy Training

Annual Report 23 6. Curriculum

6.1 Undergraduate 6.2 Clinical Legal Clinical Legal education in the Law Faculty has evolved from a program involving a small Courses Education number of student volunteers providing only telephone advice in the 1970s into a Monash Law School enrolled 2606 The Monash Law Faculty Clinical Program renowned clinical program involving over undergraduate students in 2010, 383 of was the first clinical legal education program a dozen staff and approximately 175 law these were commencing students. offered in Australia. Over its proud 35- students annually. year history, the program has enriched the Double degrees were a popular option for education of thousands of Monash law The four clinical units may be taken as stand school leavers as well as internal and external students (including distinguished alumni) and alone electives or in sequence: transfers. Below are the courses which helped provide much needed legal support to were available to students in 2010, including tens of thousands of clients in 1. Professional Practice – LAW5216. This the Bachelor of Laws and various double the community. unit is undertaken by around 40 students degrees. per semester. Students must be available The clinical legal education program consists for four months for several days per week Bachelor of Laws of four separate clinical units offered at (notwithstanding normal University vacation Bachelor of Aerospace Engineering/Bachelor several community locations outside of periods) to look after low-income clients’ of Laws Monash. The program offers students the legal problems. Bachelor of Arts/Bachelor of Laws opportunity to engage in supervised legal practice in a community legal service with 2. Family Law Assistance Program – Bachelor of Biomedical Science/Bachelor of LAW5217. This unit requires students to Laws clients whose needs cannot be dealt with by legal aid or the private profession. conduct litigious family law dispute files. Bachelor of Business (Banking and Finance)/ Students also provide a “duty lawyer service” Bachelor of Laws The program engages students by its one day a week at the Federal Magistrates’ Bachelor of Commerce/Bachelor of Laws innovative approaches to learning and Court at Dandenong, attending to immediate enhances their university experience. It also case matters and facilitating the making of Bachelor of Engineering/Bachelor of Laws develops core vocational skills, including: court orders. Bachelor of Music/Bachelor of Laws n Client interviewing and legal diagnosis 3. Law Reform and Community Bachelor of Performing Arts/Bachelor of skills; Development – LAW5218. This unit Laws provides students with the opportunity to n Oral and written legal negotiation skills; Bachelor of Science/Bachelor of Laws experience and to understand the impact of Bachelor of Medicine/Bachelor of Surgery/ n Accountability and time-management the law on disadvantaged members of the Bachelor of Laws skills; and community. Students strengthen particular communities by working with marginalised n Mediation and court advocacy skills. groups through law reform, advocacy and . community legal education. 4. Advanced Professional Practice – LAW5149. This unit is open to students who have completed LAW5216 to an acceptable level and wish to specialise in a particular area of socio-legal service. It contains the following clinics embedded in “partner” organisations:

n Joint Sexual Assault Clinic (with the South- East Centre Against Sexual Assault), offering legal services to victims of sexual assault.

n Human Rights Clinic (with the Castan Centre for Human Rights at Holding Redlich, Solicitors), involving human rights litigation.

n Criminal Defence Clinic – involving defendants in serious criminal cases.

n Commercial Law Clinic (with Moores Legal, Solicitors), involving commercial legal work for “not-for-profit”, welfare and charitable organisations.

Monash-Oakleigh Legal Service

24 Faculty of Law 6. Curriculum

The program offers students exposure to a Graduate Diplomas Graduate Certificates divergent mix of legal, cultural, linguistic and socio-economic factors and delivers a holistic Graduate Diploma in Law Graduate Certificate in Forensic Studies educational experience which requires them to Graduate Diploma in Law (Commercial Law) (Accounting) draw upon their legal ethics and compassion Graduate Diploma in Law (Human Rights) Graduate Certificate in Forensic Studies as much as their legal knowledge. This (Construction and Engineering) Graduate Diploma in Law (Intellectual enriches their own personal perspectives Property) Graduate Certificate in Law (Tribunal and stands them in good stead for future Procedures) employment. It also makes them ‘more Graduate Diploma in Law (International and Graduate Certificate in Law Teaching rounded’ individuals. Many former students Comparative Law) continue to commit to volunteering at the Graduate Diploma in Law (Workplace and clinics or to providing pro bono assistance Employment Law) Research Degrees elsewhere long after they have completed their Graduate Diploma in Local Government Law Doctor of Philosophy degree. Graduate Diploma in Regulatory Studies Doctor of Juridical Science 6.3 Postgraduate Courses Master of Philosophy Master of Laws (by major thesis) Masters Degrees Master of Laws Master of Laws (Legal Practice, Skills and Ethics) Master of Laws (Commercial Law) Master of Laws (Human Rights) Master of Laws (Intellectual Property Law) Master of Laws (International and Comparative Law) Master of Laws (Workplace and Employment Law) Master of Laws (Juris Doctor) Master of Commercial Law Master of Human Rights Law Master of Intellectual Property Law Master of International and Comparative Law Master of Regulatory Studies Master of Workplace and Employment Law

Annual Report 25 7. Equity and Diversity

7.1 Membership 2010 The Faculty also participated in the University- The peer mentor program discussed below wide ‘Hands On Monash’ Indigenous is comprehensive thereby assists low SES n Dr Bronwyn Naylor secondary school event. The students were students, and the ‘Wellbeing and the law’ Director, Equity (Chair) taken to see the Dandenong Magistrates lecture series given to all first year students Court and an information desk providing aims to reach all equity groups whilst avoiding n Ms Liz Anderson information about studying law at Monash labelling or segregation. All commencing Manager, Human Resources (ex officio) was provided at the University event. students also have an ‘Improving your n Ms Susan Barkehall-Thomas Employability’ lecture embedded in their The Faculty actively supports and acts Student Equity Officer (ex officio) curriculum to enable equitable information with the University’s Centre for Australian dissemination. n Ms Heather Beeching Indigenous Studies (CAIS). The Student Disability Contact Officer (Staff) (ex officio) and Academic Services Manager has 3. Improving staff awareness and been working closely with CAIS on education in equity issues n Dr Julie Debeljak matters regarding admission of Indigenous Indigenous Student Liaison Officer students to ensure that these applicants are As a priority in 2010, we have worked (ex officio) considered during the selection process. to ensure that staff are aware of equity requirements and the support available to n Ms Jasmine Kahan/Ms Viven Tabe In addition, in 2010 the Faculty’s Student staff and students in the Faculty and across Undergrad Student Representative Experience Manager sat on the selection the University. Strategies and successes have (nominated) (alternating) panel successfully recruiting the Indigenous Academic Engagement Officer, assisted with included: n Ms Sana Malik the training of those involved in the Indigenous n provision of key information on Faculty Postgraduate Student Representative Tutor Assistance System (ITAS) and initiating websites, and in staff and student (elected) and training a new 2010 Indigenous Peer Gazettes; n Ms Janet White Mentor Pilot Program to welcome new n increased information distribution during Faculty Manager (ex officio) or nominee indigenous students to Monash. enrolment periods targeting students n Ms Dianne Wiltshire The Faculty also has a Liaison Officer for n targeting senior academic staff, Disability Contact Officer (Students) Indigenous Students who is a member of the supervisors, and Committee members for (ex officio) academic staff, and acts as contact point for indigenous students, to provide mentoring completion of online training. The Equity and Diversity Committee in the and advice regarding academic progress, n Nomination of the Faculty’s Student and Faculty of Law is Chaired by the Director career path development and personal issues. Academic Services team for a University Equity. It reports to Faculty Board three times Social Inclusion Award for its work in 2010. a year, and meets four times a year. The Of more general application, we have also Director, Equity is a member of the Faculty worked closely with the Faculty’s peer mentor The University requires all staff to complete Executive Committee. The Chair represents programs to support all new students once a short online training module in equity and the Faculty on the University Faculty Social they arrive at the Faculty. The 2010 Peer diversity responsibilities. Accreditation must Inclusion Co-ordinating Committee. She Mentor Program ran well with 450 new first be renewed every three years. attended this Committee’s meetings and year students undergoing 2010 Peer Mentor reported back to the Faculty Committee. Orientation during O week and being matched There are 133 full and part time members of in 75 groups according to course and home faculty staff. In 2010, 28 members of staff post code to facilitate integration, social completed the on line training, which together 7.2 Faculty Priorities networking and assist in student transition with the completions in 2009 and 2008 The Faculty’s priorities for 2010 were: and retention. means a total of 116 or 87% of staff have completed the training. Staff are encouraged 1. Access and attrition: Indigenous 2. Access for students from low SES to complete the course or redo as necessary students in law backgrounds through notices in the Staff Gazette and global emails. Promoting awareness of ways to access As part of the University’s Social Inclusion tertiary study, including the development of Strategy (discussed in more detail below) we All professional staff supervisors and 12 of pathways via one or more units in another have engaged in analysis of pathways into the 16 academic supervisors for 2010 are EO faculty, through our interactive ‘Yarning Up’ Law and retention and success rates, and trained. We are however aiming for 100% seminars for secondary school students, their of avenues for enhancing access to Law for completion in 2011. teachers and families. These events are a joint low SES students, in conjunction with the initiative of the Faculty of Law, with the Faculty University’s Senior Management Team – Social of Arts, Faculty of Information Technology Inclusion (SMTSI). and Centre for Australian Indigenous Studies We have reviewed sources of financial support (CAIS). Two ‘Yarning Up’ events were held in for low SES students, both to enhance access 2010, in June and November. The events are and to support retention through study. addressed to indigenous secondary students, and aimed at encouraging indigenous In 2010, the Monash Law School Rural and students, their families and communities to Equity Bursaries were awarded to 8 eligible consider and support tertiary studies. students from regional/remote areas.

26 Faculty of Law 7. Equity and Diversity

7.3 Activities in 2010 2. Student equity initiatives 3. Student mentoring 1. Social Inclusion Strategy Scholarships and equity bursaries are The Faculty’s Lawrie McCredie Student publicised by the Faculty marketing team Support Program includes a successful Peer In May 2010 the University adopted a Social during school visits and recruitment events Mentor Program for first year students (with Inclusion Strategy requiring University-wide and by Student Services staff during second year and above student mentors), increases in low socio-economic status academic program information sessions and has extended support for language (SES) and Indigenous student participation, and Open Day. and learning skills and incorporated mental increased Indigenous employment at Monash, health/resilience training into the first year The Student Experience Manager is involved improved access for people with disabilities, law program. The support program was in raising awareness through close contact and increased representation of women in discussed and future initiatives considered with students and liaison with the Law senior roles in the University. at a ‘Victorian Law Students’ Mental Health Students Society. Awareness Evening’ hosted by Monash Law To work towards increasing access to in September 2010. Indigenous and low SES student groups, The Research Services Convenor/HDR the Faculty formed a Faculty Social Inclusion coordinator also promote the existence of 4. Recruitment and career Working Group in 2010. That Working Group scholarships and equity bursaries as part of regular emails to HDR students. development for Australian has two sub-committees: Sub-Committee Aboriginal and Torres Strait on Indigenous Access and Low SES Access The Faculty provides equity bursaries in two Islanders Initiatives Sub-Committee. categories to provide financial support for students. As part of its implementation of the Social The Working Group has focused on three Inclusion Strategy, the University established main areas: access and participation, n Monash Law School Rural and Equity the Indigenous Engagement Unit (IEU) in 2010 pathways and admission, and retention and Bursaries were awarded to eight eligible to support current and prospective Indigenous completion strategies. students from regional/remote areas in students and staff, and to assist Indigenous Part of the work of the Working Group 2010. people to gain access to employment opportunities at Monash. has been to review Indigenous pathways n Law Mobility Equity Bursaries have been programs offered at other Australian law developed to extend eligibility to students The Law Faculty has one self-identified schools and current Monash University participating in a student mobility program indigenous member of staff. admission mechanisms. in the Faculty including the Prato and For all Faculty recruitment of professional As a result of this work, the Faculty changed Malaysia programs and student internships, where students are from one or more staff up to and including HEW 9, vacancies its method of SEAS consideration for 2011 are referred to the IEU team to check their enrolment in line with University changes. The of Monash University’s defined equity or personal disadvantage groups as assessed database for suitable candidates, prior to effectiveness of this strategy will be evaluated advertising. later in 2011. by the University Scholarships Department. 21 students were awarded this bursary in 5. Equal Opportunity for women in Initiatives are also being discussed to improve 2010. the workplace indigenous representation on staff and for the student body. The Faculty carries out or supports a number of activities promoting equal opportunity for women in the Faculty, including:

n Equal opportunity and well-being services offered by the University are listed on the staff intranet;

n University programs to facilitate women’s careers through the mentoring program are promoted through global emails and through Gazette notices

n The International Women’s Day lunch is promoted each year, with faculty funding for a number of places (and quick uptake of those places).

n Academic promotions information sessions are held for female staff.

n At the time of recruitment, information about equal opportunity for women in the workplace is provided via information on the recruitment site.

Annual Report 27 7. Equity and Diversity

6. Disability and the provision of 7. Student mental health initiatives 8. Regular communication on equity supports for staff and students and diversity matters The Faculty is undertaking a great deal The Faculty has a Disability Contact Officer of work and activities aimed at improving The Faculty’s online Gazette carries regular (Staff), as well as a Disability Contact student mental health. The Faculty’s Student notices, including notices: Officer (Students). The Faculty provide an Experience Manager and Law School n reminding staff to check dates of religious Adaptive Technology Room for students with Counsellor delivered Part I (Health, Wellbeing holidays when setting assessment dates disabilities, offering such supports as Voice and Performance) and Part II (Performance@ Recognition Software. The Student Disability Law) lectures as part of the ‘Wellbeing and n promoting cultural and religious awareness Contact Officer also facilitates student contact the law’ series to all streams of the two for staff, eg through celebrations at staff with the University Disability Liaison Unit. compulsory first year units in 2010, focusing morning teas on mental health awareness, wellbeing, Gazette notices are regularly published n neuroplasticity and resilience strategies for first inviting staff to the International Womens reminding staff to schedule breaks during year students. Day Lunch and similar events longer lectures, and to promote the resources of the Disability Liaison Unit and of the Faculty The Faculty’s Student Experience Manager, n promoting Mental Health First Aid Training and University’s Counselling services. Law School Counsellor and a research n promoting staff completion of the equity assistant also wrote a research paper New staff are provided with information online training program based upon the results of a student survey regarding resources available for staff with administered over 2009 in the two compulsory n promoting inclusive teaching practices to a disability in the induction manual and first year units, which was published in 2011 staff, such as provision of alternative format verbally when commencing employment. (Lester, England and Antoloak-Saper, ‘Monash materials, and scheduling of breaks during The sessional staff induction booklet also Law School Experience. Risks to health and longer lectures includes references to disability resources and wellbeing in the first year’ (2011) 36 Alternative the DLU, assistance technologies and the n promoting the resources of the Disability Law Journal 47–49). availability of the Faculty’s counsellor. Liaison Unit and of the Faculty and The survey showed that there was a University’s counselling services for statistically significant decline in law students’ students. mental and physical health during the course of undertaking first year legal studies at Monash. However, this was not as much as has been noted in studies outside Monash, suggesting the Faculty’s strategies are perhaps assisting our students. A 2010 Law Students’ Mental Health Awareness Evening was held in September. The Opening Address was delivered by the Chief Justice of Victoria. The Chairman of the Tristan Jepson Memorial Foundation, Keith Mason, then introduced the Annual Lecture by Patrick McGorry. The research findings of the Faculty’s Student Experience Manager and Law School Counsellor were delivered and a Panel Session of all the presidents in the Victorian Council of Law Students’ Societies was held.

28 Faculty of Law 8. International

During 2010 the Faculty continued its as Chulalongkorn University with a view to international and comparative law units, with focus on attracting high quality international increasing profile and prestige for the Monash professors from the partner institutions, as well students, increasing the number of law degrees. as distinguished guest lecturers, teaching into international study opportunities for our the program. students and engaging with prestigious Other Activities: international institutions. Towards the end of 2010, the Faculty also Malaysia participated in two main briefing events. 2010 saw the inaugural offering of our At International Agent Week in which the 8.1 Recruitment of expanded Malaysia program under the University’s key agents visited Monash direction of the Program Convenor, Dr International Students campuses to receive an up-to-date outline Normann Witzleb. Based at the Monash from the Faculties of their programs, course The Faculty faced a number of significant Sunway Campus just outside Kuala Lumpur, highlights and unique features. Secondly, the challenges in recruiting international students. the program is modelled on the highly International Student Careers Counsellors visit In particular, the strong Australian dollar has successful Prato program. Seven units in which Monash Law hosted a program of made studying in Australia significantly more were taught by Monash staff as well as staff events, again to focus on the key attributes expensive, and reduced our competitive cost from the University of Malaya, University of of the Faculty and the ‘international student advantage against traditional competitor Windsor and National University of Singapore. experience’ from the perspective of some of markets such as the UK and USA. In addition, The units were primarily international and our current overseas cohort. many of our traditional markets are investing comparative in focus, with an emphasis on heavily in their own education systems, the Asia-Pacific region. 28 students were making studying at home a more attractive 8.2 Engagement with enrolled including 17 Monash students and proposition. In light of these challenges, the Partner Institutions 11 students from our partner institutions, Faculty has been very active in engaging with University of Malaya (2), University of Windsor our key target markets. (5) and City University of Hong Kong (4). City University of Hong Kong Singapore & Malaysia In June, the Faculty hosted 26 students 8.4 Internships Our overseas recruitment activities continued from City University of Hong Kong as part to focus on the core target countries of of that university’s Global Legal Education The Faculty continues to assist students to Singapore and Malaysia. Over the course and Awareness Programme (G-LEAP). take part in overseas internships through the of the year, the Faculty maintained a The students spent four weeks at the Law Student Mobility Fund. In 2010, approximately strong presence in these markets with staff Chambers, studying an intensive unit, 12 students took part in Faculty Managed visiting both countries twice and attending LAW4641 – Intellectual Property –Theory, internships. These included Castan Centre recruitment events, making agent and school Copyright and Design. The unit was Global Internships with the International visits, providing detailed product briefings to coordinated by Dr. Stephen Gray and assisted Commission of Jurists, the United Nations new agency staff and conducting student and by Professor Mark Davison. Administrative Global Contact, New York, Human Right parent interviews at both university fairs and in assistance was provided by Ms Cathy First, New York, Israel Democracy Institute, agent premises. Meredith. Jerusalem, International Women’s Rights Action Watch, Asia Pacific, Kula Lumpur and Hong Kong The students visited the Clayton campus Geneva and the Human Rights Advocacy on their first day for a welcome lunch and Centre. The Faculty also visited Hong Kong to attend organised tours of the campus, the Law agent briefings and recruitment events. We Faculty and the Law library. During their The Faculty managed internships were also have also increased our focus on nurturing four week stay they participated in arranged popular amongst students with two Malaysian relationships with principals and careers visits to Parliament House and the Supreme, Law firms, Skrine and Zaid Ibrahim & Co, staff in a number of international schools to County and Magistrates Courts. taking Monash interns, as well as Herzog Fox build the profile for Monash Law – especially & Neeman, Israel and Friends of the Earth amongst high-achieving IB and GCE ‘A’ level Middle East, Israel. students. 8.3 Overseas Programs The law faculty approved support for 14 Canada Prato Student Organised Internships including Lawyers for Human Rights, South Africa, Monash Law staff attended recruitment events The 2010 Prato program was successfully Rodyk & Davidson, Singapore, UN at Universities throughout eastern Canada and completed and continues to grow, with International Criminal Tribunal for Rwanda, British Columbia, meeting Canadian agents a record 134 students including 126 Tanzania, Amazon Defense Coalition, Ecuador, and capitalising predominantly on interest undergraduate, three JD and five Arts students UN Assistance to the Khmer Rouge Trials, from the postgraduate student market, enrolled. We had strong support from our Cambodia, Human Rights Advisory Council, especially for the Juris Doctor. international partners, with involvement by the Morocco and Harvard National Model UN following Universities in 2010: Arizona State Thailand (HNMUN), Boston, USA. University, USA (8 students), Bar-Ilan University, Thailand is an important postgraduate market Israel (7), Osgoode Hall Law School, York and the Faculty visited key agents, as well University, Canada (22), Université Paris XI (14), as attending student recruitment events. Tel Aviv University, Israel (1), University of Haifa, Meetings were also held with prominent Israel (1) and Georgian American University alumni and prestigious institutions such (13). Students were able to choose from 13

Annual Report 29 9. Law School activities

9.1 Events 2010 Great Law Week Debate To celebrate the start of the academic year “Criminals don’t deserve the same human right as everyone else” and welcome new students to the faculty a cocktail function was held in the Law Library As part of the annual Law Week celebrations on Wednesday 19 May 2010 Monash Law on Tuesday 22 February where over 300 first School held the Great Law Week Debate at the State Library Theatrette in Melbourne with over 200 guests. year students and their families joined Monash Law School staff. The format for the first time was Monash law alumni vs current Monash law students. The debate was moderated by Monash law graduate Will Fowles, Principal of Piper The evening was hosted by the Dean, Capital and the youngest member of the MCC Committee. Professor Arie Freiberg AM and included speakers from the Law Students’ Society and The affirmative team (student team) were the winners as voted by the clapometer and the International Law Association. The evening panel of judges from the legal community. The team was lead by Amit Golder (Law/Arts) provided the opportunity for new students and and supported by team mates Natalie Devitsakis (Law/Arts) and Sashi Balaraman (Law). family members to meet staff outside of the The negative team comprised of one of Melbourne’s most respected QC’s David lecture theatre. Galbally, Dick Gross AM author and former threetime Mayor of the City of Port Phillip and Kate Metcalf a lawyer with three decades of experience gained inside businesses. The President of the Monash Association of Debaters, Kiran Iyer, delivered the unanimous decision that the affirmative team won.

Great debate alumni L to R: Dick Gross AM author and former three time Mayor of the City of Port Phillip QC David Galbally, and Kate Metcalf a lawyer. Great debate current students L to R: Sashi Balaraman (Law) supported by team mates Natalie Devitsakis (Law/Arts) and Amit Golder (Law/Arts).

30 Faculty of Law 9. Law School activities

9.2 Public Lectures 18th Lucinda Lecture ‘Section 92: markets, protectionism and proportionality – Australian and European perspectives’ Convened by Professor HP Lee, the 17th Lucinda Lecture was held at Monash University Law Chambers on Thursday 19 November. The Lucinda Lecture was presented by The Honourable Justice Susan Keifel of the High Court of Australia on the topic ‘Section 92: markets, protectionism and proportionality – Australian and European perspectives’. The topic was introduced by The Hon. Chief Justice Marilyn Warren who welcomed attendees who included the patron A tribute to Professor Enid Campbell of the Lucinda Lecture, The Honourable Sir Zelman Cowen AK, GCMG, GCVO, KStJ, QC. Emeritus Professor Enid Campbell, who held the Sir Isaac Isaacs Chair of Law with The lecture was attended by 100 guests. distinction passed away on 20 January 2010. To honour Professor Campbell Monash Law School held a ‘Celebration of the life and work of Professor Enid Campbell’. Guest speakers included Chief Justice Marilyn Warren, Bruce Dyer from Blake Dawson, Commercial Court CPD Seminar Professor Arie Freiberg AM, Professor H P Lee, Professor Richard Fox and family Series members. The tribute was held at Monash University Law Chambers with over 80 people Throughout 2010 the Supreme Court of in attendance. Victoria, the Victorian Bar, the Law Institute of Victoria and Monash Law School worked together to host a series five seminars relating to the Commercial Court. Topics ranged from Expert witnesses and the Monash Law School Prize Ceremony new world of ‘hot tubs’, Aon Risk Services (Prizes for 2009 academic year) Australia Ltd V ANU [2009] HCA 27, ADR Developments you need to know about, Monash Law School held the annual Prize Ceremony earlier Early Neutral Evaluation and Issues in Case in the year. The ceremony acknowledges the achievements, Management. hard work and dedication of the faculty’s students in 2009. The event was held at the ANZ Pavilion at the Victorian Arts The seminars were supported by the Centre with over 300 guests attending. Honourable Justice Jennifer Davies and Justice Tony Pagone with strong help from the Distinguished Monash Law alumna, The Honourable Justice Victorian Bar and the Law Institute of Victoria. Jennifer Davies of the Supreme Court of Victoria discussed They have grown immensely in popularity her journey to becoming a judge in the Supreme Court then since the first seminar in February 2010 and presented the Supreme Court Prize to Matthew Eglezos. will continue to run in 2011. The lectures were Other guests included His Honour Chief Judge Michael The 2009 Supreme Court Prize held at Monash University Law Chambers and Rozenes, Her Honour Judge Felicity Hampel SC and Senior winner was Matthew Eglezos. The Lower Banking Chambers at the Galleria Crown Prosecutor Michelle Williams SC. Building in Melbourne. The financial reward students receive with prizes are made possible through the generous support of the many organisations, within and outside the legal profession who join us in Monash Law School Costello recognising the efforts of our high achievers and we would like to thank all our sponsors Lecture for this support. The 2010 Costello Lecture which is devoted The 2009 Supreme Court Prize winner was Matthew Eglezos. to issues of ethics and social justice, was held on Wednesday 24 November at the BMW The Edge Theatre, Federation Square. Monash alumnus, Mr Graeme Samuel AC, Chairman, Australian Competition and Consumer Commission, presented the lecture on the theme Fair trade and honesty – the watermarks of the Trade Practices Act. The lecture was introduced by patron, Tim Costello, AO, CEO of World Vision Australia and had over 150 people in attendance. Annual Report 31 9. Law School activities

9.3 Book Launches Monash University Law Review – 9.4 Media Involvement ‘Special Issue on Climate Change’ Corporate Social Responsibility This book was launched by Professor The Monash Law School staff were involved in various forms of media coverage in 2010 in the 21st Century Honourable John Thwaites on Monday including press, radio and online media By Professor Bryan Horrigan 22 November at Monash University Law stories. Staff discussed a wide range of law Held on Wednesday 6 October at Mannix Chambers. issues ranging but not limited to the human College, this book was launched by rights act, plain cigarette packaging, police Professor Marilyn Pittard. Australian Labour Law racism and anti-hoon laws. The faculty also By Professor Marilyn Pittard and Mr Richard had the opportunity to celebrate two of our Naughton. Held on Tuesday 30 November at Assessing Lawyers’ Ethics: A alumni and their involvement in television Monash University Law Chambers, Professor practitioners guide Charlie Pickering and Mark Holden. By Associate Professor Adrian Evans Marilyn Pittard and Mr Richard Naughton On Monday 18 October Mr Michael Brett- celebrated the launch of their book. Justice The Age and The Australian covered a majority Young, CEO of the Law Institute of Victoria Peter Gray conducted the evening. of media stories quoting Monash Law School staff, followed by the ABC Radio and Herald launched this book at Monash University Law The faculty held a number of book launches Sun. Chambers. throughout 2009 by staff from the Castan Centre for Human Rights Law and the Centre Dr Gideon Boas made several contributions for Regulatory Studies. to The Age and Sydney Morning Herald discussing International Criminal Law issues These book launches are listed under the and Professor Arie Freiberg AM, commented respective Centre reports. on the implications if suspended sentences and home detention were stopped. Other staff members who commented on various topics throughout 2010 included but were not limited to Professor Ann Monotti, Dr Bronwyn Naylor, Dr Adam McBeth, Professor Mark Davison, Dr Julie Debeljak and Dr Greg Taylor.

Rethinking Rights-Based Mental Health Laws By Professor Bernadette McSherry and Dr Penelope Weller This book was launched by The Honourable Justice Marcia Neave AO at the Rendezvous Hotel, Melbourne on Wednesday 6 October 2010.

Professor Bernadette McSherry, The Honorable Justice Marcia Neave AO and Dr Penelope Weller

32 Faculty of Law 10. Advancement and Alumni Relations

10.1 Advancement In areas of alumni engagement, the Faculty In attendance: Dean, Professor Arie Freiberg AM has Mrs Janet White identified and presented to several alumni Faculty Manager, Faculty of Law Fundraising within major law firms in Melbourne on The Faculty’s continual engagement with updates of the Law School and its future Ms Melinda Maskiell alumni is part of a long-term focus to directions. Manager, Philantrophic Relations uncover opportunities to support students The Faculty thanks the Chairman of the Ms Kate Daley through equity bursaries, undergraduate Monash Law School Foundation, and Deputy Alumni Relations, Faculty of Law and postgraduate scholarships, and prizes Chancellor of Monash University, Mr Ian for student support initiatives. Through Pyman, for his leadership and support of The Faculty completed many additional philanthropic support and major events, all alumni, students, donors and staff at the projects and offered additional services to the Faculty has raised over $340,000 from Monash Law School. law students in 2009 as a result of the funds January to December 2010. made available by the Foundation Board . These included: From January 2010 the Castan Centre 10.2 Monash Law School Global Internship Program has received close n Monash Law School Foundation to $175,000 in donations. This is the only Foundation Board professorships program within the Faculty to provide Monash The effort and commitment of the Board n Higher degree by research scholarships Law students with the opportunity to travel Members and the Chair, Mr Ian Pyman, is to some of the world’s leading human rights much appreciated by the faculty. The 2010 n Rural bursaries institutions and forums to work. Foundation Board were: n Support for the Monash-Oakleigh Legal In recognition of a significant milestone, the Mr Ian Pyman (Chair) Clinic Castan Centre celebrated its 10th anniversary Principle Business Redirections on 20 October 2010. Over 330 well respected n Support for the Vis Arbitration Moot guests from the legal profession, academia, Professor Arie Freiberg, AM program Dean, Faculty of Law the corporate world and the community n Support for the Lawrie McCredie Student sectors attended the event in support of the Ms Evelyn Danos Support Program by: speakers; Professor Sarah Joseph (Centre’s Executive Director n Providing leadership skills training and Director), The Honourable Michael Kirby James Richardson Corporation Pty Ltd AC CMG, and Professor Patrick McGorry opportunities to enhance graduate AO (2010 Australian of the year). The Mr Jack Fagjenbaum QC employability. Barrister, Owen Dixon Chambers successful celebration highlighted the Centre’s n Promoting student engagement and achievements to date and provided the Mr Ron Fairchild learning opportunity for many alumni and colleagues to Vice President (Advancement) reminisce. n Providing a suite of co-curricular support Monash University activities and services. The Monash Oakleigh Legal Service is a Ms Jane Hodder n Encouraging and acknowledge academic partnership between Monash Law School Partner, Freehills and Victoria Legal Aid. Through the service, excellence Engaging alumni in the members of the community can obtain free Professor Ann Monotti activities of the Monash Law School. legal advice on a variety of legal matters. Associate Dean, Postgraduate studies It is also a teaching clinic, where Monash Faculty of Law Law Students can gain valuable practical Professor Marilyn Pittard experience. The Legal Service is overseen Associate Dean, Postgraduate by a management committee representing Monash Law Faculty members of the local community. Continued support from the Pratt Foundation enables Mr Geoffrey Murray this important service to continue to run high Director, Treasury, Monash University quality programs. Mr Will Fowles The Law School Foundation ran a successful Investment Analyst, Piper Capital direct mail appeal focused on support for His Hon. Chief Judge Michael Rozenes, student support initiatives. Over $60,000 AO, QC was raised for a variety of student prizes, Chief Justice, County Court of Victoria scholarships, bursaries and grants throughout the year which will enable further opportunities Ms Rhonda Ohis for students to succeed. Executive Officer, Monash University Development

Annual Report 33 10.3 Alumni Relations Monash Law School held a range of events Law Graduate receives 2010 for Law Alumni which provided opportunities distinguished Young Alumni Award to connect with the Faculty through contact – Amanda McKenzie with past students, current staff and current students. These events keep a strong link Monash Law School graduate Amanda between Monash University and our alumni McKenzie (LLB (Hons) 2008) was and have been outlined in the “Law Activities” awarded the 2010 Distinguished Young section.) Alumni Award Winner’. Ms McKenzie has established herself as a leader and expert in climate change awareness and youth community participation. Ms McKenzie has worked as codirector of the Australian Youth Climate Coalition (AYCC) – the largest youth-run organisation in Australia – for the last three years. As part of this role she has presented at major events and forums, coordinated major projects, supervised volunteers, applied for grants, and provided the public face of the AYCC through the mass media. She contributed to the establishment of the International Youth Climate Network, a network of youth organisations across the world, which provides a coordinated youth representation on climate change. Amanda helped organise the first International Youth Climate Conference in Bali and has supported youth from other nations to create their own climate change initiatives. Her awards include the 2009 Banksia Foundation Environment Minister’s Young Ms McKenzie led the Australian youth Environmentalist of the Year and 2009 delegation to the United Nations Climate Rotary Young Achiever of the Year. Conferences in Poznan 2008 and Copenhagen in 2009. In supporting her nomination Governor of Victoria Professor David de Kretser AC She has also represented the youth view (MD 1969, Hon.LLD 2006) said: “Amanda on climate change and emissions trading has become an inspirational advocate for at State and Federal Government meetings action on climate change and sustainability. and played a key role in organising Youth Throughout her achievements, a theme Decide, the first national youth vote on emerges of a committed person who leads climate change. by example and motivates others, especially youth, to follow.”

34 Faculty of Law 11. Student Activities

11.1 Monash Law Activities Careers Students’ Society The Activities portfolio offers a large The Careers portfolio aims to ensure that all number of events for students at a range students are well-informed as to the many Founded in 1964, the Monash Law Students’ of price points to help promote a collegiate different careers paths available to them Society (or LSS) is the largest student atmosphere amongst the law student body. and provides targeted services to ensure organisation within Monash University. Over The LSS firmly believes that the activities that Monash graduates are competitive the past few years the LSS has worked hard portfolio serves a highly important function in the job market. The Careers portfolio to strengthen and maintain the high level of of ensuring that students are integrated primarily disseminates information via the service it provides Monash Law students. In into their degree. The LSS therefore runs production of publications. The O Week 2010 the LSS had just over two thousand numerous activities throughout the year Guide is produced to ensure that all first and three hundred members. The LSS is including First Year Camp, O-Week, First years are given a broad understanding of the proud of its ongoing ability to enhance the Year Dinner, BBQs, Intro Night, Pub Crawls, many services offered to them by the LSS, student experience within the Faculty of Law Valedictory Dinner, River Cruise and Law Ball. faculty and university. This is then followed by and work with them to ensure that Monash is Clayton’s Law, a bi-annual magazine which In 2010, the First Year Discovery Program, producing the best possible graduates. The includes interest pieces across a broad range which involves a Peer Mentoring program LSS is voluntarily staffed and managed by 37 of topics, written by law students. committee members. as well as an annual camp and dinner, was more popular than ever with record numbers. The Careers Guide is fast becoming the most This committee works hard to ensure that a The Activities portfolio and social discourse valuable publication of the LSS. This guide large range of events and services are offered are an integral part of the Monash Law gives a broad overview as to the process of as a supplement to the formal academic lifestyle. Social inclusion is a very important applying for seasonal clerkships, as well as education provided through the University. part of the University experience and the firm profiles, relevant articles about corporate These include careers advice, educational Monash LSS has always prided itself on its life and all the dates a student might need support, competitions and social activities ability to provide multiple opportunities to in applications. The careers portfolio also to provide both personal and professional students to engage with their cohort. produces the broader Graduate Recruitment development. The LSS has four main Guide which highlights the many other career portfolios which allow for a clear view of the paths available to law graduates. society as a whole. In supplementing these guides, the LSS also provides two seminar series which run for five weeks in each semester to allow students to partake in interactive forums. These seminars ensure that students are given broad exposure to many different individuals in the legal profession and a chance to ask questions of them.

Annual Report 35 11. Student Activities

Competitions In 2010, the Just Leadership program 11.2.1 2010 Highlights expanded, becoming the key Monash Law The competitions portfolio is an integral program for nurturing future leaders. The part of the LSS and is going from strength International Careers and program runs a series of seminars by guest Opportunities Guide to strength. In 2011 the LSS saw a large speakers, imparting wisdom from all of their increase in numbers of competitors involved, experiences and challenges. The International Careers and Opportunities including more than 300 students in the Guide was launched in late August 2010. general moot. Juris Doctor It is the flagship publication of the Monash The competitions offered by the LSS are: International Law Association and was made In 2010, the Monash LSS has expanded available to all law students. The Guide n General Moot (Senior and Junior Division) its committee to better function across the features a collection of articles written by n First Year Moot two campuses and cater for the increasing both students, practicing lawyers and in n International Humanitarian Law Moot number of Juris Doctor (JD) students. The this year’s Guide, contributions from two of creation of a JD portfolio has allowed better Monash University’s Faculty of Law Senior n Negotiation access for JD students to the resources of Lecturers Dr Julie Debeljak and Dr Paula n Witness Examination the Monash LSS. The Society aims to grow Gerber and provides a reflection on the n Client Interview its presence at the new 555 Lonsdale St experiences of working and studying abroad campus and accommodate the very different n Letter Writing in the legal arena. The Guide also serves as lifestyle of postgraduate students into the a comprehensive directory on major legal n Paper and Oral future. firms and NGOs in selected countries across The winning team from each competition the globe. Detailed information regarding represents Monash in the Australian Law International Students qualifications to practice in the relevant Students’ Association (ALSA) National foreign jurisdictions are also included in the In 2010, the Monash LSS will also further Championships, always ranking highly 2010–2011 Guide. expand its work for better social inclusion amongst its peers. of International Students. In 2010 the Law Society absorbed the International Law Koko Black Evenings Education Students’ Association and added a new The ILA hosted its annual Koko Black careers The LSS is working constantly, in conjunction member to its Education portfolio to plan cocktail evening in March 2010 for both the with the Faculty to provide students with the and run events specifically for International undergraduate and JD law students. The best possible legal education. The Student Students into the future. evening allowed students to network with Tutorial Program continues to provide representatives from major firms in a relaxed students with supplementary tutorials, run Looking Forward setting, over drinks and chocolates. This by paid, high achieving students, which year’s Evening saw an increased number The LSS is very proud of the relationship provides regular reinforcement and practical of firms in attendance as well as student it has with professional entities, the faculty applications of the materials taught in participants, members and non-members and the student body; and looks forward lectures. alike. The response from both the firms and to continuing to strengthen and expand students were overall positive. 2010 saw the inaugural release of the Social into 2012. We are incredibly thankful for the Justice and Equity Handbook. The LSS is support offered to us by the Faculty. very proud of this initiative as it expands on 11.2.2 Other events the commitment to providing careers advice 11.2 International Law Throughout 2010, the ILA has hosted beyond that of the corporate mainstream. various career information sessions for Monash also held the position of Secretary Association students, some of which in conjunction with of the Victorian Council of Law Students’ The Monash International Law Association our counterparts in external universities. Societies in 2010. This involved the running (ILA) is one of the two main student bodies The highlight of such events included of the Women in the Law Breakfast, the run by students and based within the representatives from the Hong Kong office Victorian Legal Careers Fair at Olympic Park Monash Faculty of Law at Clayton. The of Allen & Overy. They have been actively as well as the Victorian Championships, all of ILA encourages Monash law students to recruiting Monash law students to their Hong which were tremendous successes. explore study and career opportunities Kong office over the last three years and The LSS also continues to represent students beyond Australian shores. The study body given the strong positive response, have on a number of faculty committees to ensure hosts several formal and informal events expressed a keen desire to continue this that there remains effective communication throughout the year for students interested working relationship into the future with the between the faculty and its students. Finally, in pursuing an international legal career. Its ILA (from 2011 onwards, will be identified as part of our commitment to equality, the membership includes undergraduates and under the LSS) and the Faculty. LSS has continued to expand its equity postgraduates, as well as domestic and scholarship to ensure that all students are international students. given access to the materials required for law and that nobody suffers disadvantage due to their socio-economic background.

36 Faculty of Law 11. Student Activities

Looking forward: ILA-LSS Merger ‘Reducing Emissions from Deforestation and ‘The Changing Paradigm of Property and the Forest Degradation in Developing Countries Framing of Regulation as a “Taking”’ by Pam The ILA has merged under the umbrella (REDD): Implementation Issues’ by Lee ‘Connor of the LSS at the end of 2010 in a bid to Godden, Anne Kallies, Rodney J Keenan and The Bottom Line for Review of an unify the two law student bodies. Thus Jacqueline Peel from 2011 onwards, the roles and functions Assessment — A Casenote on that the ILA has served will be adopted by ‘Smart Grids: Opportunities for Climate Commissioner of Taxation v Futuris the LSS. The ILA has established strong Change Mitigation and Adaptation’ by Corporation Ltd by Sue Milne relationships within and with-out the Monash Rosemary Lyster legal community and would like to thank ‘The Legal and Economic Bases for an Activities both the Faculty and their various sponsors, Emissions Trading Scheme’ by Leslie A Stein both domestic and international legal firms, In November 2010 the Law Review for their tremendous support over the last ‘What Rough Beast? Copenhagen and Committee held a public launch of its decade. Creating a Successor Agreement to the special issue on climate change. The issue Kyoto Protocol’ by Dr Gerry Nagtzaam was launched by Professor John Thwaites, former Deputy Premier of Victoria and 11.3 Monash University ‘Emissions Trading – Has Australia Found the currently Professorial Fellow of the Monash Law Review Right Balance?’ Dr Bruno Zeller Sustainability Institute. The Monash University Law Review is ‘Passing Through Carbon Costs under the In December 2010 the Law Review managed by an editorial committee, Carbon Pollution Reduction Scheme’ by Committee held its annual dinner, which comprising student editors, staff faculty Renee Garner and Rachael Wong was attended by contributors to the Review, advisers and student committee members. ‘Climate Change and the Copenhagen members of the Law Faculty, the editors and There are approximately 25 law students who Legacy: Where to from Here?’ by Rowena committee members of the Review, as well work on these different committees to ensure Cantley-Smith as many members of the legal profession. the smooth running of the Law Review. The speaker was the Honourable Justice ‘Transfer of Carbon Liability under the Lex Lasry, a Justice of the Supreme Court of Student editors Proposed Carbon Pollution Reduction Victoria and a graduate of the Monash Law The student editors for 2010 were: Scheme’ by Grant Anderson School. Natalia Antolak-Saper ‘A Property Law Perspective on the Current Seona March Faculty Advisers Eleanor Mulholland Australian Carbon Sequestration Laws, and the Green Paper Model’ by Marianna Parry The Academic Advisers to the Monash Issues published during 2010 University Law Review during 2010 were: Volume 36, Number 1 2010 Volume 36, Number 2, 2010 Associate Professor Matthew Groves and Dr Foreword Addresses Dale Smith Global Warming after the Obama Accord by ‘Section 92: Markets, Protectionism and Ross Garnaut Proportionality — Australian and European Perspectives’ by Hon. Justice Susan Kiefel Addresses Articles Climate Change in the Courts by The Hon. Chief Justice Brian J Preston ‘Open Justice, The Mediate and Reporting on Preventive Supervision and Detention Articles Orders Impose on Serious Sex Offenders in How Australia Once Led the World by Tim Victoria’ by Sharon Rodrick Bonyhady ‘Should Discrimination in Victoria’s Religious ‘The Hour When the Ship Comes in’: A Schools Be Protected? Using the Victorian Convention for Persons Displaced by Climate Charter of Human Rights and Responsibilities Change by David Hodgkinson, Tess Burton, Act to Achieve the Right Balance’ by John Heather Anderson and Lucy Young Tobin ‘Explaining Unilateral Cooperative Actions: ‘Enforceable Undertaking: A Restorative The Case of Greenhouse Gas Regulations’ Sanction?’ by Marina Nehme by Urs Luterbacher and Peter Davis ‘Legal Education and the ‘Idealistic Student’: Using Foucault to Unpack the Critical Legal Narrative’ Matthew Ball ‘Subcontractors and Three Party Claims: Lumbers v W Cook Builders Pty Ltd (in liq)’ by Simone Degeling

Annual Report 37 11. Student Activities

11.4 The Student The 97 volunteer Mentors are second year The Law School High Academic Achievers’ and above law students, who exercised Program, launched in 2008 also developed Experience initiative and leadership skills in their role, in 2010, aiming to reward and inform high learning to work as a team and developing achieving students of the possibilities open To honour and continue his work, the interpersonal skills as they contact their to them in the areas of higher degrees by Lawrie McCredie Student Support Program mentees throughout their first year of research, academia and other non-traditional continues to offer a range of important Law School to share experiences, advice, career pathways. Voice coaching, stress programs designed to assist Monash information and referrals to the range of management and other developmental Law students to enhance their student support services and facilities offered at activities are provided to our outstanding experience, build community and help to Monash. Regular events are held to bring students to engage and inform. A highlight develop leadership, communication and these groups together to further enhance was Phil Lynch, Director of the Human other valued graduate attributes. The key relationships and create a sense of Rights Law Resource Centre, invited the high elements of the program include leadership community within the faculty. achieving students to attend a discussion development, the acknowledgement about human rights lawyering at the Human of academic excellence, community The Law School Ambassador Program, Rights Law Resource Centre. The visit engagement and service, peer-to-peer and launched in 2007 to supplement the Vice provides students with the opportunity to alumni mentoring, pastoral care, counselling, Chancellor’s Ancora Imparo Leadership speak with a number of leading human and careers advice. Program, developed well in 2010. rights practitioners about strategic litigation, Community minded law students receive The Law School Peer Mentor Program is a advocacy and policy work to promote human leadership and project management training joint faculty and Law Students’ Society rights, both at the domestic and international and a variety of developmental experiences (LSS) initiative, piloted in 2008, continued levels. to facilitate personal growth. Community to develop in 2010, with the program outreach and engagement projects are Monash Law hosted the 2010 Law Students’ fully integrated into ‘Faculty Day’ during selected by students under their own Mental Health Awareness Evening, opened O Week. PeerMentorientation saw around initiative, and offer those experiences to by the Chief Justice of Victoria, and 400 students meeting up into their 45 mentor the wider law school student community. broadcast the Tristan Jepson Memorial groups after the official faculty welcome A stand out event managed by some Foundation Annual Lecture to Victorian and then exploring Clayton Campus whilst Ambassadors was Law Beyond Practice, a audiences and engaged the Victorian completing tasks designed to orient them to cocktail event with opportunities to network Council of Law Student Societies in a panel Monash. There was ‘Returning A Professor’s with a number of exciting and varied discussion. The Australian Law Students’ Serve’ on the tennis courts that went down individuals and organisations to gain insight Association created a handbook on well, an exploration of the careers and health into less traditional law-related career paths. depression and many law student societies and Wellbeing Hubs and general socialising, This was attended by 100 law students continue to work to reduce stigma and culminating in the ever pervasive LSS BBQ. and 35 representatives form a diverse raising awareness across the country. Students reported feeling very welcome to range of industries and was a great night. Monash Law and networks were well on The initiatives conceived and delivered Also breaking new ground was Breakfast the way to being established to assist their under the Lawrie McCredie Student Support with Barristers, providing entertaining transition to the tertiary learning environment. Program are designed to enhance the Law and informative panel style banter with a School’s core curricular activities and support range of Melbourne’s finest legal minds for the vocational and student experience Monash students’ information and delight. provided by existing programs and activities The Ambassadors enjoyed an address by such as the Monash Oakleigh Legal Service the Honourable Professor Kay Patterson, and Springvale Community Legal Service. An providing a rare and fascinating personal update of activities and the original five year insight into the world of federal politics in the plan is available at: Senate. http://www.law.monash.edu.au/alumni/ lawriemccredieprogram.pdf

38 Faculty of Law 12. Law Library

12.1 Monash Law Library Research classes were also held for the 12.3 Facilities and GLEAP students from University of Hong The Law Library, one of the largest and best Kong, visiting Melbourne to study intellectual Services Highlights resourced in Australia, is part of the Monash property and to MBA students studying During 2010, the following improved facilities University Library system of eight branch MBA9002, The Legal Environment of and services became available to Monash libraries on six campuses. It is located over Business Students. Classes on advanced students and staff: four levels in the centre of the Law Faculty legal research and EndNote bibliographic building on the Clayton campus, and provides management were provided to Law Honours n New Library opening hours came into an extensive collection of high quality print and research students and as part of the SJD force from January 4, 2010, increasing electronic legal resources. An emphasis on seminar program. Additional programs, hours through 8.00am opening (rather providing an environment conducive to both drop-in sessions and consultations were than 8.30am), and extending late opening group and individual study saw use of the Law conducted outside the curriculum to help to 9.00pm during orientation weeks and Library‘s physical environment continue to students with information research and the mid-year non-semester teaching increase in 2010 with a door count of 435,886. learning skills. period. The exam period extended hours This was an increase of 21,587or 5.2% more were also increased to cover Fridays until The Library continued its provision of learning than the previous year. 9pm and an extra weekend. skills consultations for Law postgraduate students at the City Law Chambers, on n Thirty-two new study tables with desktop 12.2 2010 Highlights Tuesdays and Thursdays. A writing group for power were installed on level 2. Law Higher Degree Research students also Law Library staff developed and taught a n Open reserve and open holds pick-up continued at the Clayton campus. new initiative, “Clerkship tutorials”, to better areas were established to enable students prepare later year students for summer/ New e-Learning materials were developed to to select and self-loan these materials. winter clerkships and graduate traineeships. support teaching, including nine “Guide Me” n New photocopiers were installed, enabling The two hour sessions were run in December clips using Captivate software, focussing on double-sided copies, and scanning directly and January, with input from the Law research skills using various legal databases. Faculty Student Experience Manager. to USB or email. Printers were Topics included attitudes and expectations, also replaced with new models. effective writing for legal memos, and efficient researching of cases and legislation. Teaching skills into first year units remained a high priority for Law Library staff, with the following units incorporating direct involvement from law librarians and learning skills advisers teaching research skills and academic skills: n LAW1101 Introduction to Legal Reasoning (LL.B) n LAW1104 Research and Writing (LL.B) n LAW7079 Legal Research & Problem Solving (JD) n LAW7212 Australian Legal System (LL.M) n LAW7285 Legal Research & Communication (LL.M)

Annual Report 39 12. Law Library

12.4 Collection Highlights 12.5 Law Library Senior 12.7 Journal Affiliations The budget available for the acquisition of Staff and External Committees new print and electronic materials remained Law Library Manager – Kay Tucker Kay Tucker steady for 2010. Some notable purchases Editorial Board – Australian Law Librarian included: Law contact librarians – Caroline Knaggs, Sandra Pyke, Geraldine Woodhatch, Dawn Caroline Knaggs n Brill e-books in the areas of international Carroll law and human rights and humanitarian ALIA Pathways (Information Literacy) law, with over 330 titles from 2006–2009. Learning skills advisers – Patricia Hughes, Committee member Rosemary Shaw n Cambridge Journals Digital Archive: CAVAL Reference Interest Group – Seminar Humanities and Social Sciences. 12.6 Publication/ Committee: Information Literacy (SCIL) n Intellectual Property Law Collection (Hein Online) Conference Presentations n Oxford Scholarship Online, Law e-book Milne, Sue and Tucker, Kay, A Practical Guide collection from 2008–2010 to Legal Research (Lawbook Co, 2nd ed, 2010). n Selden Society Publications and the History of Early English Law (Hein Online) n Taxation & Economic Reform in America (Hein Online) n World Constitutions Illustrated (Hein Online) Books were received from Professor Enid Campbell’s estate for inclusion in the Law Library, including a 1901 edition of Quick and Garran’s The Annotated Constitution of the Australian Commonwealth.

40 Faculty of Law 13. Staff

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

Annual Report 41 13. Staff

Ms Oyiela Litaba, Lecturers Assistant Lecturers LLM Melb. MA Cantab. PG Dip Teach Sheff. Solicitor (England and Wales) Barrister & Dr Becky Batagol, Ms Azadeh Dastyari, Solicitor (Fiji) BA (Hons) LLB (Hons) PhD Monash BA LLB (Hons) Syd. GradDipLP Technol.Syd. Dr Karinne Ludlow, Mr Malcolm Bennett, Ms Kathryn James, BSc LLB (Hons) PhD Monash Practitioner LLB Melb. Practitioner (Vic.) BA LLB (Hons) Monash Practitioner (Vic.) (Vic.) Ms Rowena Cantley-Smith, Ms Lisa Spagnolo, Dr Adam McBeth, BEc LLB Grad Cert Legal Teaching Monash BCom LLB (Hons) Deakin Practitioner (Vic.) BA LLB (Hons) PhD Monash Grad Cert LLM Leiden Practitioner (Vic.) Higher Ed Deakin, Practitioner (Vic) Ms Rachel Chrapot, Senior Research Fellows Dr Bronwyn Naylor, BA (Hons) Monash LLB Bond LLM Melb. Dr Penelope Weller, BA (Hons) LLB (Hons) LLM Monash Practitioner (Vic.) BA LLB Monash MA LaTrobe PhD Victoria MPhil(Crim) PhD Cantab. Practitioner (Vic.) Dr Patrick Emerton, Mrs Sharon Rodrick, BA (Hons) LLB (Hons) MA Melb. PhD Adjunct Staff BA LLB (Hons) LLM Melb. Practitioner (Vic.) Monash Mr Raymond Hind, BSc (Eng) Lond. Patent Attorney, European Ms Jenny Schultz, Ms Fay Gertner, Patent Attorney BA LLB Monash LLM Michigan Practitioner BA LLB Monash Practitioner (Vic.) (Vic.) Dr Rebecca Giblin, Mr Andrew Monotti, BCom LLB (Hons) LLM Melb. Practitioner Ms Adiva Sifris, LLB (Hons) PhD, Grad Cert Higher Ed BProc Witw. LLM PhD Monash Practitioner Monash Practitioner (Vic.) Dr Guy Powles, (Vic.) Dr Joanna Kyriakakis BA LLB LLM Well. PhD ANU Practitioner (NZ) Solicitor (Eng.) Practitioner (Vic.) Dr Dale Smith, BA, LLBLP (Hons) Flinders, SJD Monash, BA (Hons) LLB (Hons) MA Melb. DPhil Oxon. Practitioner (SA) Mr Ian Pyman BJuris. LLB Monash Practitioner (Aust.) Dr Normann Witzleb, Mr Kwame Mfodwo, State Law Exam Würzburg, Ass. Iur. Berlin, LLB (Hons) Ghana MIntlLaw ANU Professor Peter Sallmann, Dr. Iur. EUV Frankfurt (O), DipLegSt London, Dr Gerry Nagtzaam, LLB Melb. MSAJ (American) MPhil Camb. LLB(Hons) Murdoch, GradDipLegPrac ANU, BA LLB, M.Env.Sci Monash PhD Melb. Practitioner (Vic). Practitioner (ACT) Practitioner (Vic.) Mr Chris Sidoti, Dr Eric Wilson, Ms Maria O’Sullivan, BA LLB Syd. BA (Hons) MA Dal. PhD Camb. LLB Br.Col. BA LLB (Hons) GradDipLP ANU LLM Essex LLM Washington SJD Melb. Professor Greg Reinhardt, Practitioner ACT BA LLB (Hons) Melb. Ms Helen Yandell, Ms Tania Penovic, Mr David Yarrow, DipTeach Murray Park BEd Warrnambool BA LLB (Hons) Melb. MSt (Dist) Oxon. Grad LLB Deakin GradDipLP ANU Practitioner BSc LLB LLM Qld. MSc Griffith PhD Cert Law Teaching Monash Practitioner (Vic.) Osgoode (Vic.) Solicitor of the Supreme Court (Eng. and Wales) Ms Karen Wheelwright, BA GradDipEd La Trobe LLB (Hons) Melb. Practitioner (Vic.)

42 Faculty of Law 13. Staff

13.2 Administrative Structure Portfolios, charts and senior administrative staff See Appendix I 13.3 Promotions Colin Campbell – lecturer to senior lecturer Matthew Groves – senior lecturer to associate professor 13.4 Appointments Dr Joanna Kyriakis Associate Professor Rob McQueen 13.5 Resignations Dr Diana Bowman Dr Michael King Ms Jenny Schultz Professor Bob Williams 13.6 Outside Studies Program Julie Debeljak, Semester 1 Susan Kneebone, Semester 1 HP Lee, Semester 1 Pam O’Connor, Semester 1 Marilyn Pittard, Semester 1 Sharon Rodrick, Semester 1 Jeff Waincymer, Semester 1 Normann Witzleb, Semester 1 Gideon Boas, Semester 2 Patrick Emerton, Semester 2 Adiva Sifris, Semester 2

Annual Report 43 14. Staff Activities

14.1 External Boards and n Member, International Trademark Paula Gerber Association (INTA) Committees n Member, Victorian Civil and Administrative n Special Counsel, Knightsbridge Lawyers Tribunal (Civil Claims and Domestic Building Lists) Renata Alexander Julie Debeljak n n Member, Victorian Human Rights Member, Sex Work Ministerial Advisory n Member, Advisory Committee, Human Education Committee Committee, Department of Justice Rights Law Resource Centre Stephen Barkoczy n Director, Victoria Equal Opportunity and Richard Fox Human Rights Commission n Consultant, Blake Dawson n Chair, Board of Management, Australian n Patron, National Association of Women in Becky Batagol Institute of Criminology Construction n Member, Board of Family Mediation Centre Ian Freckelton n Member, Dispute Resolution Board Gideon Boas n Member, Coronial Council of Victoria Australia n Member, Australian Red Cross Victoria, n Member, Mental Health Review Board n Member, Dispute Resolution Board International Humanitarian Law Committee Federation n Member, Psychosurgery Review Board n Member, AustLII Victorian Support and n Partner, DAPs Australia. Advisory Committee n Member, Suitability Panel of Victoria Stephen Gray n Member, Investigation Review Panel of n Member, International Expert Framework n Member, Charles Darwin University Press Group on International Criminal Procedure Victoria Committee Rowena Cantley-Smith n Member, Expert Advisory Panel on Mental Health Act Reform George Hampel n Associate Fellow, Institute of Environment n President, International Institute of and Energy Law, Faculty of Law, University n Vice-President, International Institute of Forensic Studies of Leuven, Belgium Forensic Studies n Vice-President, International Academy n Director, Monash Forensic Studies n Associate Fellow, Clingendael International Program Energy Prgramme, The Netherlands of Law and Mental Health (Australasian Branch) Institute of International Relations, The n Chairman, Australian Advocacy Institute Hague, The Netherlands n Board Member, Council of Australasian n Member, Council of Legal Education Tribunals n Member, Australian Institute of Energy n Chairman, Funding Committee of ‘More n Vice-President, International Organisation n Member, Australian Energy and Natural than Opera’ Resources Law Association of Mental Health Review Tribunals Bryan Horrigan n Member, The Netherlands Scientific n Member, IUCN Environmental Law Academy Council of the Expertise Center for n Consultant, Allens Arthur Robinson Forensic Psychiatry n Panel Member, Expert Panel to advise Jonathan Clough Arie Freiberg the Commonwealth Minister for Small n Member, Cancer Council Legal Policy Business, Competition Policy, and n Member, Council of the Australian Institute Advisory Group Consumer Affairs on matters under the of Judicial Administration Trade Practices Act and Franchising Code David Cousins n Chair, Victorian Sentencing Advisory of Conduct n Commissioner (part-time), State Services Council Kathryn James Authority Victoria n Member, Sexual Assault Advisory n Board Member, Springvale Monash Legal n Member, Building Advisory Council Victoria Committee, Department of Justice, Service Victoria n Member, Expert Working Group National Sarah Joseph Licensing Initiative n Member, Leo Cussen Institute Board n Member Advisory Board, Academy on n Member, Council of Queens College n Member, International Penal and Human Rights and Humanitarian Law, Melbourne Penitentiary Foundation American University, Washington DC Mark Davison n Adjunct Faculty, The Australia and New n Member, International Board of Advisers, Zealand School of Government n Member, Intellectual Property Committee, Jindal Global Law School, Sonipat, Business Law Section, Law Council of Haryana, India Australia n Member, Advisory Board, Centre for Civil and Political Rights, Geneva

44 Faculty of Law 14. Staff Activities

Hoong Phun Lee Bronwyn Naylor Lisa Spagnolo n Vice-Chairman, Australian Press Council n Member, Architects Tribunal Panel, n Alternate Member, Cancer Council Architects Registration Board of Victoria Victoria’s Human Research Ethics n Deputy Chairman, Policy Development Committee Committee, Australian Press Council n Director and Deputy Chair, Springvale Monash Legal Service n National Correspondent, Global Sales Law n Member, International Board of Advisers of Project, University of Basel, Switzerland the Weeramantry International Centre for n Member, Women in Supported Programs Peace Education and Research (WISP) Reference Group n Rapporteur and Chair, Protection Against Counterfeit Goods Working Group, Global n External Assessor, Faculty of Law, Pamela O’Connor Principles of International Consumer University of Malaya in respect of n Board Member, Judicial College of Victoria Contracts Project Appointment/Promotion to Associate Professor and Professor n Board Member, Leo Cussen Institute Jeff Waincymer n External Examiner for the Degree of n Commissioner, Victorian Law Reform n CoChair, International Trade and Business Bachelor of Laws Examinations, University Commission Interest Group, International Law Section, of Malaya Law Moira Paterson n Associate External Examiner, School of n Member, Council of Australia Law, City University of Hong Kong n Member, Firearms Appeals Committee Weller, Penelope Marilyn Pittard n Adjunct Professor, School of Law, City n Independent Member, Health Services University of Hong Kong n Vice President and Executive Committee Review Council Member, Australian Labour Law n Member, International Board of Advisers, n Deputy Chair, Department of Justice Jindal Global Law School, Sonipat, Association Human Research Ethics Committee Haryana, India n Member, Industrial Relations Society of Victoria Bob Williams n Member, International Advisory Board, City University of Hong Kong School of Law n Convenor, Victorian Chapter, Australian n Member, Victorian Civil and Administrative Tribunal, Guardianship List David Lindsay Labour Law Association n Member, Advisory Committee, the n Member, Media and Communications Committee, Business Law Section, Law Australian Institute of Employment Rights Council of Australia n Workplace Relations Law Advisory Committee for Specialist Accreditation, n Member, Copyright Council Expert Group Law Institute of Victoria Karinne Ludlow n Legal Member, Cancer Council of Victoria n Member, Newborn Screening Advisory Human Research Ethics Committee Committee, Royal Children’s Hospital n Labour Law Consultant, Clayton Utz Justin Malbon n Principal Examiner, Workplace Relations n Member, Queensland Competition Specialist Accreditation, Law Institute of Authority Victoria n Panelist, Financial Ombudsman Service n Associate member, Centre for Ltd Employment and Labour Relations Law, University of Melbourne Bernadette McSherry Dale Smith n Legal Member, Mental Health Review Board (Vic) n Treasurer, Australian Society of Legal Philosophy n Member, Victorian Law Reform Commission Consultative Commission, Guardianship Review Ann Monotti n Intellectual Property Committee, Business Law Section, Law Council of Australia

Annual Report 45 14. Staff Activities

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

46 Faculty of Law 15. Publications 2010

* Meets criteria as DIISR research publications Book revisions or new editions reform’ in Shane Darcy and Joseph Powderly # student author (eds), Judicial Creativity at the International Barkoczy, Stephen, Foundations of Taxation Criminal Tribunals (Oxford University Press, 15.1 Staff and Student Law (CCH Australia Limited, 3rd ed, 2010). 1st ed, 2010), 204–226. Publications Barkoczy, Stephen, Rider, Cameron, Baring, Boas, Gideon, ‘The difficulty with individual John and Bellamy, Neil, Australian Tax criminal responsibility in international criminal Books (authored)* Casebook (CCH Australia Limited, 10th ed, law’ in Carsten Stahn and Larissa van 2010). den Herik (eds), Future Perspectives on Clough, Jonathan, Principles of Cybercrime Bronitt, Simon and McSherry, Bernadette, International Criminal Justice (T.M.C. Asser (Cambridge University Press, 1st ed, 2010). Principles of Criminal Law (Thomson Reuters, Press, 1st ed, 2010), 501–519. Freiberg, Arie, The Tools of Regulation 3rd ed, 2010). Castan, Melissa, ‘DRIP feed: the slow (The Federation Press, 1st ed, 2010). Fox, Richard, Victorian Criminal Procedure: reconstruction of self-determination for Indigenous peoples’ in Sarah Joseph and Harder, Sirko, Measuring Damages in State And Federal Law (Monash Law Book Adam McBeth (eds), Research Handbook the Law of Obligations: The Search for Cooperative Ltd, 13th ed, 2010). on International Human Rights Law (Edward Harmonised Principles (Hart Publishing Ltd, Joseph, Sarah and Castan, Melissa, Federal Elgar Publishing Ltd, 1st ed, 2010), 492–511. 1st ed, 2010). Constitutional Law: A Contemporary View Freckelton, Ian, ‘Extra-legislative factors Horrigan, Bryan, Corporate Social (Thomson Reuters, 3rd ed, 2010). in involuntary status decision-making’ in Responsibility in the 21st Century: Debates, Milne, Sue and Tucker, Kay, A Practical Bernadette McSherry and Penelope Weller Models and Practices Across Government, Guide to Legal Research (Thomson Reuters (eds), Rethinking Rights-Based Mental Health Law and Business (Edward Elgar Publishing (Professional) Australia Limited, 2nd ed, Laws (Hart Publishing Ltd, 1st ed, 2010), Ltd, 1st ed, 2010). 2010). 203–230. McBeth, Adam, International Economic Pittard, Marilyn and Naughton, Richard, Freckelton, Ian, ‘Mental health law in Actors and Human Rights (Routledge, Australian Labour Law: Text, Cases and Australia’ in Ben White, Fiona McDonald, and 1st ed, 2010). Commentary (LexisNexis Butterworths, 5th Lindy Willmott (eds), Health Law in Australia ed, 2010). Edited books/edited (Thomson Reuters, 1st ed, 2010), 557–595. collections Waller, Robin, Barkoczy, Stephen, Murphy, # Frew, Charlotte, ‘The social construction Shirley, Evans, Chris and Pinto, Dale, of marriage in Australia: implications for Campbell, Susan, Evans, Adrian, Hyams, Australian Taxation Law (CCH Australia Ltd, same-sex unions’ in Paula Gerber and Adiva Ross, Dickson, Judith, Noone, Mary, 21 ed, 2010) Sifris (eds), Current Trends in the Regulation Yandell, Helen, Welch, Bernard, Campbell, of Same-Sex Relationships (The Federation Mia, Cortina, Rob and Jones, Rachel (eds), Book Chapters* Press, 1st ed, 2010), 78–91. Lawyers Practice Manual Victoria (Lawbook Co., 2010). Alexander, Renata, ‘Women and domestic Gerber, Paula, ‘Do states have an obligation violence’ in Patricia Easteal (ed), Women and under international law to provide human Gerber, Paula and Sifris, Adiva (eds), Current the Law in Australia (LexisNexis Butterworths, rights education?’ in Azizur Rahman Trends in the Regulation of Same-Sex 1st ed, 2010), 152–173. Chowdhury and Md. Jahid Hosain Bhuiyan Relationships (The Federation Press, 1st ed, (eds), An Introduction to International Human Askola, Heli, ‘Globalization and human 2010). Rights Law (Martinus Nijhoff Publishers, 1st rights’ in Aziz Rahman Chowdhury and Jahid ed, 2010), 219–235. Joseph, Sarah and McBeth, Adam (eds), Hossain Bhuiyan (eds), An Introduction to Research Handbook on International Human International Human Rights Law (Koninklijke Gerber, Paula, ‘Human rights education: Rights Law (Edward Elgar Publishing Ltd, Brill NV, 1st ed, 2010), 101–118. a slogan in search of a definition’ in Sarah 1st ed, 2010). Joseph and Adam McBeth (eds), Research Boas, Gideon, ‘Command responsibility for Handbook on International Human Rights Kyriakakis, Joanna and May, Larry, 4(3) the failure to stop atrocities: the legacy of the Law (Edward Elgar Publishing Ltd, 1st ed, Criminal Law and Philosophy (Springer Tokyo Trial’ in Yuki Tanaka, Tim McCormack 2010), 541–566. Netherlands, 2010). and Gerry Simpson (eds), Beyond Victor’s Justice? The Tokyo War Crimes Trial Gerber, Paula, ‘The best interests of children McSherry, Bernadette and Weller, Penelope Revisited (Martinus Nijhoff Publishers, 1st ed, in same-sex families’ in Paula Gerber and (eds), Rethinking Rights-Based Mental Health 2010), 163–173. Adiva Sifris (eds), Current Trends in the Laws (Hart Publishing Ltd, 1st ed, 2010). Regulation of Same-Sex Relationships (The Boas, Gideon, ‘Contempt, false testimony Federation Press, 1st ed, 2010), 28–42. and misconduct’ in Andre Klip and Goran Sluiter (eds), Annotated Leading Cases of Gerber, Paula and Sifris, Adiva, ‘The wind of International Criminal Tribunals: The Special change is blowing’ in Paula Gerber and Adiva Court for Sierra Leone 2004–2006 Sifris (eds), Current Trends in the Regulation (Intersentia N.V., 1st ed, 2010), 676–682. of Same-Sex Relationships (The Federation Press, 1st ed, 2010), 1–7. Boas, Gideon, ‘Omission liability at the International Criminal Tribunals – a case for

Annual Report 47 15. Publications 2010

Goldsworthy, Jeffrey, ‘Challenging Hodge, Graeme, Greve, Carsten and Kneebone, Susan, ‘Controlling migration by parliamentary sovereignty: past, present and Boardman, Anthony, ‘Conclusions: sea: the Australian case’ in Bernard Ryan future’ in Jeffrey Goldsworthy, Parliamentary public-private partnerships – international and Valsamis Mitsilegas (eds), Extraterritorial Sovereignty: Contemporary Debates experiences and future challenges’ in Immigration Control: Legal Challenges (Cambridge University Press, 1st ed, 2010), Graeme A. Hodge, Carsten Greve and (Koninklijke Brill NV, 1st ed, 2010), 347–374. 267–318. Anthony E. Boardman (eds), International Kneebone, Susan, ‘Refugees and Handbook on Public-Private Partnerships Goldsworthy, Jeffrey, ‘Introduction’ in Jeffrey displaced persons: the refugee definition (Edward Elgar Publishing Ltd, 1st ed, 2010), Goldsworthy, Parliamentary Sovereignty: and ‘humanitarian’ protection’ in Sarah 594–610. Contemporary Debates (Cambridge Joseph and Adam McBeth (eds), Research University Press, 1st ed, 2010), 1–13. Hodge, Graeme, Greve, Carsten and Handbook on International Human Rights Boardman, Anthony, ‘Introduction: the PPP Law (Edward Elgar Publishing Ltd, 1st ed, Goldsworthy, Jeffrey, ‘Parliamentary phenomenon and its evaluation’ in Graeme 2010), 215–240. sovereignty and statutory interpretation’ A. Hodge, Carsten Greve and Anthony E. in Jeffrey Goldsworthy, Parliamentary Kneebone, Susan and Debeljak, Julie, Boardman (eds), International Handbook on Sovereignty: Contemporary Debates ‘Combating transnational crime in the Greater Public-Private Partnerships (Edward Elgar (Cambridge University Press, 1st ed, 2010), Mekong Subregion: the cases of Laos and Publishing Ltd, 1st ed, 2010), 3–16. 225–266. Cambodia’ in Trafficking and Human Rights: Hum, Fiona, ‘Medical and tort injuries against European and Asia-Pacific Perspectives Goldsworthy, Jeffrey, ‘Requirements as to pregnant women’ in Patricia Easteal (ed), (Edward Elgar Publishing Ltd, 1st ed, 2010), procedure or form for legislating’ in Jeffrey Women and the Law in Australia (LexisNexis 133–152. Goldsworthy, Parliamentary Sovereignty: Butterworths, 1st ed, 2010), 311–327. Contemporary Debates (Cambridge Kyriakakis, Joanna, ‘Prosecuting University Press, 1st ed, 2010), 174–201. Hum, Fiona, ‘Women complainants and the corporations for international crimes: the role evidential process’ in Patricia Easteal (ed), for domestic criminal law’ in Larry May and Gray, Stephen, ‘The albino and the storyteller: Women and the Law in Australia (LexisNexis Zachary Hoskins (eds), International Criminal eugenics and the best of intentions in 1930s Butterworths, 1st ed, 2010), 174–191. Law and Philosophy (Cambridge University Darwin’ in Russell West-Pavlov and Jennifer Press, 1st ed, 2010), 108–137. Wawrzinek (eds), Frontier Skirmishes: Literary Joseph, Sarah, ‘Civil and political rights’ in and Cultural Debates in Australia After 1992 Mashood A. Baderin and Manisuli Ssenyonjo Lansdell, Gaye, ‘Have we forsaken quality (Uniersitatsverlag Winter GmbH Heidelberg, (eds), International Human Rights Law: and professionalism for technological 1st ed, 2010), 295–310. Six Decades after the UDHR and Beyond convenience in the training of lawyers in (Ashgate Publishing Company,1st ed, 2010), the 21st Century? The ‘flexible learning’ Greve, Carsten and Hodge, Graeme, ‘Public- 89–106. paradigm’ in Angela T. Ragusa (ed), private partnerships and public governance Interaction in Communication Technologies challenges’ in Stephen P. Osborne (ed), Joseph, Sarah, ‘UN covenants and labour and Virtual Learning Environments: Human The New Public Governance?: Emerging rights’ in Colin Fenwick and Tonia Novitz Factors (IGI Global Publishing, 1st ed, 2010), Perspectives on the Theory and Practice (eds), Human Rights at Work: Perspectives 99–117. of Public Governance (Routledge, 1st ed, on Law and Regulation (Hart Publishing Ltd, 2010), 149–162. 1st ed, 2010), 331–358. Lee, HP, ‘Constitutionalised emergency powers: a plague on Asian constitutionalism?’ Hodge, Graeme, ‘Reviewing public-private Joseph, Sarah, ‘Scope of application’ in in Victor V. Ramraj and Arun K. partnerships: some thoughts on evaluation’ Daniel Moeckli, Sangeeta Shah, Sandesh Thiruvengadam (eds), Emergency Powers in Graeme A. Hodge, Carsten Greve and Sivakumuran and David Harris (eds), in Asia: Exploring the Limits of Legality Anthony E. Boardman (eds), International International Human Rights Law (Oxford (Cambridge University Press, 1st ed, 2010), Handbook on Public-Private Partnerships University Press, 1st ed, 2010), 150–170. 393–411. (Edward Elgar Publishing Ltd, 1st ed, 2010), Joseph, Sarah and Kyriakakis, Joanna, ‘The 81–112. Lee, HP, ‘Malaysian royalty and the Special United Nations and human rights’ in Sarah Court’ in Andrew Harding and Penelope Hodge, Graeme, Bowman, Diana and Joseph and Adam McBeth (eds), Research Nicholson (eds), New Courts in Asia Maynard, Andrew, ‘Introduction: the Handbook on International Human Rights (Routledge, 1st ed, 2010), 317–326. regulatory challenges for nanotechnologies’ Law (Edward Elgar Publishing Ltd, 1st ed, in Graeme A. Hodge, Diana M. Bowman 2010), 1–35. Ludlow, Karinne and Binks, Peter, ‘Regulating and Andrew D. Maynard (eds), International risk: the bigger picture’ in Graeme A. Hodge, # Kaempf, Annegret, ‘Involuntary treatment Handbook on Regulating Nanotechnologies Diana M. Bowman and Andrew D. Maynard decisions: using negotiated silence to (Edward Elgar Publishing Ltd, 1st ed, 2010), (eds), International Handbook on Regulating facilitate change?’ in Bernadette McSherry 3–24. Nanotechnologies (Edward Elgar Publishing and Penelope Weller (eds), Rethinking Rights- Ltd, 1st ed, 2010), 144–162. Hodge, Graeme and Duffield, Colin, ‘The Based Mental Health Laws (Hart Publishing Australian PPP experience: observations and Ltd, 1st ed, 2010), 129–150. reflections’ in Graeme A. Hodge, Carsten King, Michael and Wexler, David, Greve and Anthony E. Boardman (eds), ‘Therapeutic jurisprudence’ in Jennifer M. International Handbook on Public-Private Brown and Elizabeth A. Campbell (eds), Partnerships (Edward Elgar Publishing Ltd, The Cambridge Handbook of Forensic 1st ed, 2010), 399–438. Psychology (Cambridge University Press, 1st ed, 2010), 126–132. 48 Faculty of Law 15. Publications 2010

Maynard, Andrew, Bowman, Diana and Waincymer, Jeff, ‘Internationalization of some observations’ (2010) 21(2) Criminal Hodge, Graeme, ‘Conclusions: triggers, legal education: putting the ‘why’ before the Law Forum 313–330. gaps, risks and trust’ in Graeme A. Hodge, ‘how’ in Stacey Steele and Kathryn Taylor # Breedan, Laura, Elder abuse and neglect: Diana M. Bowman and Andrew D. Maynard (eds), Legal Education in Asia: Globalization, challenges and directions for legal reform’ (eds), International Handbook on Regulating Change and Contexts (Routledge, 1st ed, (2010) 18(1) Journal of Law and Medicine Nanotechnologies (Edward Elgar Publishing 2010), 6888. 19–24. Ltd, 1st ed, 2010), 573–586. Weller, Penelope, ‘Lost in translation: human Cantley-Smith, Rowena, ‘Climate change McBeth, Adam, ‘Human rights in economic rights and mental health law’ in Bernadette and the Copenhagen legacy: where to from globalisation’ in Sarah Joseph and Adam McSherry and Penelope Weller (eds), here?’ (2010) 36(1) Monash University Law McBeth (eds), Research Handbook on Rethinking Rights-Based Mental Health Laws Review 278–303. International Human Rights Law (Edward (Hart Publishing Ltd, 1st ed, 2010), 51–72. Elgar Publishing Ltd, 1st ed, 2010), 139–166. Castan, Melissa and Paterson, Jeannie, Witzleb, Normann, ‘Futility as a discretionary ‘From supergirl to invisible woman: the divide McSherry, Bernadette, ‘The right of access to factor in domestic and international litigation’ between student perception and professional mental health care: voluntary treatment and in Russell Weaver and Francois Lichere reality in corporate legal practice’ (2010) 35(3) the role of the law’ in Bernadette McSherry (eds), Recognition and Enforcement of Alternative Law Journal 138–141. and Penelope Weller (eds), Rethinking Rights- Judgements: Comparative and International Based Mental Health Laws (Hart Publishing Perspectives (Presses Universitaires d’Aix- Castan, Melissa, Paterson, Jeannie, Ltd, 1st ed, 2010), 379–395. Marseille, 1st ed, 2010), 62–125. Richardson, Paul, Watt, Helen and Dever, Maryanne, ‘Early optimism? First-year law McSherry, Bernadette and Weller, Penelope, Witzleb, Normann, ‘Participants in the students’ work expectations and aspirations’ ‘Rethinking rights-based mental health laws’ community of knowledge: experiences with a (2010) 20 (1 and 2) Legal Education Review in Bernadette McSherry and Penelope Weller Wikipedia writing assignment for students’ in 1–11. (eds), Rethinking Rights-Based Mental Health Brayden A. Morris and George M. Ferguson Laws (Hart Publishing Ltd, 1st ed, 2010), (eds), Computer-Assisted Teaching: New Davison, Mark, ‘Copyright protection for 3–10. Developments (Nova Science Publishers, Inc, compilations: Australia does a U-turn’ (2010) 1st ed, 2010), 191–200. 32(9) European Intellectual Property Review Monotti, Ann, ‘Divergent approaches in 457–466. defining the appropriate level of inventiveness in patent law’ in Catherine W. Ng, Lionel Book Chapters (Other) Davison, Mark, ‘Plain packaging of Bentley and Giuseppina D’Agastino (eds), Gerber, Paula, ‘Growing a better future cigarettes: would it be lawful?’ (2010) 23(5) The Common Law of Intellectual Property: through human rights education’ in Helen Australian Intellectual Property Law Bulletin Essays in Honour of Professor David Vaver Sykes (ed), Future Justice (Future Leaders, 105–108. (Hart Publishing Ltd, 1st ed, 2010), 177–198. 1st ed, 2010), 189–207. Davison, Mark, ‘Reputation in trade mark O’Connor, Pamela, ‘The top 10 legal infringement: why some courts think it questions for registered title systems’ in Lyria Journal Articles matters and why it should not’ (2010) 38(2) Bennett Moses, Brendan Edgeworth and (Fully Refereed)* Federal Law Review 231–253. Cathy Sherry (eds), Property and Security: Selected Essays (Thomson Reuters, 1st ed, Alexander, Renata, ‘Moving forwards or Douglas, Kathy and Batagol, Becky, ‘ADR 2010), 199–215. back to the future? An analysis of case law and non-adversarial justice as sites for on family violence under the Family Law Act understanding emotion in dispute resolution: O’Sullivan, Maria, ‘Human security and the 1975 (Cth)’ (2010) 16(2) University of New reporting on research into teaching practices protection of refugees in Africa’ in Ademola South Wales Law Journal 63–76. in selected Australian law schools’ (2010) Abass (ed), Protecting Human Security in 20(2) Journal of Judicial Administration # Andrewartha, Danielle, ‘Words will never Africa (Oxford University Press, 1st ed, 2010), 106–118. 155–175. hurt? Media stigmatisation of people with mental illnesses in the criminal justice Emerton, Patrick, ‘Political freedoms and Sifris, Adiva, ‘Lesbian parenting in Australia: context’ (2010) 35(1) Alternative Law Journal entitlements in the Australian Constitution – demosprudence and legal change’ in Paula 4–7. an example of referential intentions yielding Gerber and Adiva Sifiris (eds), Current Trends unexpected legal consequences’ (2010) 38(2) Askola, Heli, ‘ ‘Illegal migrants’, gender and in the Regulation of Same-Sex Relationships Federal Law Review 169–203. (The Federation Press, 1st ed, 2010), 8–27. vulnerability: the case of the EU’s Returns Directive’ (2010 18(2) Feminist Legal Studies Fitzharris, Michael, Bowman, Diana and Sifris, Ronli, ‘The four pillars of transitional 159–178. Ludlow, Karinne, Factors associated with justice: a gender-sensitive analysis’ in Sarah return-to-work and health outcomes among # Ball, Olivia, ‘Breastmilk is a human right’ Joseph and Adam McBeth (eds), Research survivors of road crashes in Victoria’ (2010) (2010) 18(3) Australian Breastfeeding Handbook on International Human Rights 34(2) Australian and New Zealand Journal of Association 9–19. Law (Edward Elgar Publishing Ltd, 1st ed, Public Health 153–159. 2010), 272–298. Barkehall-Thomas, Susan, ‘Parent to child Foo, Richard, ‘Malaysia – death of a transfers: gift or resulting trust’ (2010) 18(1) separate constitutional judicial power’ (2010) Australian Property Law Journal 75–98. December Singapore Journal of Legal Boas, Gideon, ‘War crimes prosecutions in Studies 227–255. Australia and other common law countries:

Annual Report 49 15 Publications 2010

Freckelton, Ian, ‘Huntington’s disease and Groves, Matthew, ‘Law, religion and public Kneebone, Susan, ‘Governance beyond the law’ (2010) 18(1) Journal of Law and order in colonial India: contextualising the boundaries’ (2010) 29(1) Refugee Survey Medicine 7–18. 1887 Allahabad High Court case on ‘sacred’ Quarterly 1–11. cows’ (2010) 33(1) South Asia – Journal of Freckelton, Ian, ‘Mental illness, sentencing Kneebone, Susan, ‘The governance of labor South Asian Studies 87–121. and execution: the disturbing death of an migration in Southeast Asia’ (2010) 16(3) Englishman in China’ (2010) 17(3) Psychiatry, Groves, Matthew, ‘Reforming judicial review Global Governance 383–396. Psychology and Law 333–344. at the state level’ (2010) 64 Australian Kneebone, Susan, ‘The refugee trafficking Institute of Administrative Law 30–46. Freckelton, Ian, ‘Plagiarism in law and nexus: making good (the) connections’ medicine: challenges for scholarship, Groves, Matthew, ‘Should the Administrative (2010) 29(1) Refugee Survey Quarterly academia, publishers and regulators’ (2010) Law Act 1978 (Vic) be repealed?’ (2010) 137–160. 17(5) Journal of Law and Medicine 645–659. 34(2) Melbourne University Law Review # Kumble, Surabhi and McSherry, 452–480. Freckelton, Ian, ‘Regulation of health Bernadette, ‘Seclusion and restraint: practitioners: national reform in Australia’ Groves, Matthew, ‘Treaties and legitimate rethinking regulation from a human rights (2010) 18(2) Journal of Law and Medicine expectations – the rise and fall of Teoh in perspective’ (2010) 17(4) Psychiatry, 207–220. Australia’ (2010) 15(4) Judicial Review: Psychology and Law 551–561. Mapping the Developing Law and Practice of Freckelton, Ian, ‘Regulation of vitamin and Lee, HP, ‘A federal Human Rights Act and Judicial Review 323–336. mineral supplements: lessons from the the reshaping of Australian constitutional law’ Truehope saga’ (2010) 17(5) Journal of Law Henderson, Michael, De Zwart, Melissa, (2010) 33(1) University of New South Wales and Medicine 719–728. Lindsay, David and Phillips, Michael, ‘Legal Law Journal 88–109. risks for students using social networking Freckelton, Ian and Keyzer, Patrick, ‘Indefinite Lee, HP, ‘Judiciaries in crisis – some sites’ (2010) 25(1) Australian Educational detention of sex offenders and human comparative perspectives’ (2010) 38(3) Computing 3–7. rights: the intervention of the Human Rights Federal Law Review 371–389. Committee of the United Nations’ (2010) Hodge, Graeme and Bowman, Diana, Lindsay, David, ‘Liability of ISPs for end-user 17(3) Psychiatry, Psychology and Law ‘Governing nanotechnologies with civility’ copyright infringements: the first instance 345–354. (2010) 7(2/3) International Journal of decision in Roadshow Films Pty Ltd v iiNet Nanotechnology 224–242. Freckelton, Ian and McGregor, Simon, Ltd (No 3)’ (2010) 60(2) Telecommunication ‘Human rights and review of the involuntary Hodge, Graeme and Greve, Carsten, ‘Public- Journal of Australia 1–21. status of patients with a mental illness: private partnerships: governance scheme Lindsay, David, de Zwart, Melissa, Kracke after Momcilovic’ (2010) 17(2) or language game?’ (2010) 69(1) Australian Henderson, Michael and Phillips, Michael, Psychiatry, Psychology and Law 173–186. Journal of Public Administration 8–22. ‘Understanding legal risks facing children & Freiberg, Arie, ‘Australia: exercising discretion Hyams, Ross, ‘Where will the children young people using social networking sites’ in sentencing policy and practice’ (2010) live? Arrangements for separated families (2010) 61(1) Telecommunications Journal of 22(4) Federal Sentencing Reporter 204–212. in Australia’ (2010) 35(2) Alternative Law Australia 1–18. Journal 89–93. Freiberg, Arie and Carson, Wesley, ‘The limits Mahar, Patrick, Sengupta, Shomik, Ludlow, to evidence-based policy: evidence, emotion James, Kathryn, ‘An examination of Karinne and Corcoran, Niall, ‘Prostate and criminal justice’ (2010) 69(2) Australian convergence and resistance in global tax specific antigen: useful screening tool or Journal of Public Administration 152–164. reform trends’ (2010) 11(2) Theoretical potential liability?’ (2010) 39(8) Australian Inquiries in Law 475–496. Family Physician 598–600. Gerber, Paula, ‘The teaching of construction law and the practice of construction law: # Kells, Stuart, ‘Thrusters, scoopers, McDonagh, Maeve and Paterson, Moira, never the twain shall meet?’ (2010) 20 (1 and scroungers and squirrels: a taxonomy ‘Freedom of information: taking account 2) Legal Education Review 59–84. of public sector audit and accountability of the circumstances of individual mechanisms’ (2010) 16(1) Journal of applicants’ (2010) July 2010 Public Law: the Goldsworthy, Jeffrey, ‘Structural judicial Contemporary Issues in Business and constitutional and administrative law of the review and the objection from democracy’ Government 1–25. commonwealth 505–529. (2010) 60(1) University of Toronto Law Journal 137–154. # Kells, Stuart and Hodge, Graeme, McQueen, Robert, ‘Homesickness for a ‘Redefining the performance auditing space’ foreign country: nostalgia and colonisation’ Gray, John, McSherry, Bernadette, O’Reilly, (2010) 32(1) The Asia Pacific Journal of (2010) 6(3) International Journal of Law in Richard and Weller, Penelope, ‘Australian Public Administration 63–85. Context 257–275. and Canadian mental health Acts compared’ (2010) 44(12) Australian and New Zealand King, Michael, ‘Judging, judicial values Monotti, Ann, ‘Innovation patents: the Journal of Psychiatry 1126–1131. and judicial conduct in problem-solving concept of a manner of new manufacture courts, indigenous sentencing courts and and assessment of innovative step: Dura- Groves, Matthew, ‘Adeptly avoiding mainstream courts’ (2010) 19(3) Journal of Post (Aust) Pty Ltd v Delnorth Pty Ltd’ (2010) ademption’ (2010) 84(8) Law Institute Journal Judicial Administration 133–159. 32(2) European Intellectual Property Review 36–40. 93–97. King, Michael and Batagol, Becky, ‘Enforcer, manager or leader? The judicial role in family violence courts’ (2010) 33(56) International Journal of Law and Psychiatry 406–416. 50 Faculty of Law 15. Publications 2010

Nagtzaam, Gerald, ‘What rough beast? # Sifris, Ronli, ‘Conceptualising involuntary Waincymer, Jeff, ‘Reconciling conflicting Copenhagen and creating a successor sterilisation as ‘severe pain or suffering’ for rights in international arbitration: the right agreement to the Kyoto Protocol’ (2010) the purposes of torture discourse’ (2010) to choice of counsel and the right to an 36(1) Monash University Law Review 28(4) Netherlands Quarterly of Human Rights independent and impartial tribunal’ (2010) 215–237. 523–547. 26(4) Arbitration International 597–623. Naylor, Bronwyn, ‘Effective justice for victims # Sifris, Ronli, ‘Restrictive regulation of Waincymer, Jeff, ‘The new UNCITRAL of sexual assault: taking up the debate on abortion and the right to health’ (2010) 18(2) arbitration rules: an introduction and alternative pathways’ (2010) 33(3) University Medical Law Review 185–212. evaluation’ (2010) 14(2) The Vindobona of New South Wales Law Journal 662–684. Journal of International Commercial Law and Smith, Dale, ‘Theoretical disagreement and Arbitration 223–248. Naylor, Bronwyn, ‘L-plates, logbooks and the semantic sting’ (2010) 30(4) Oxford losing out. Regulating for safety – or creating Journal of Legal Studies 635–661. # Walvisch, Jamie, ‘Sentencing offenders new criminals?’ (2010) 35(2) Alternative Law with impaired mental functioning: developing Spagnolo, Lisa, ‘Green eggs and ham: the Journal 94–98. Australia’s “most sophisticated and subtle” CISG, path dependence, and the behavioural analysis’ (2010) 17(2) Psychiatry Psychology Naylor, Bronwyn and # Schmidt, Johannes, economics of lawyers’ choices of law in and Law 187–201. ‘Do prisoners have a right to fairness before international sales contracts’ (2010) 6(2) the parole board?’ (2010) 32(3) The Sydney Journal of Private International Law 417–464. Weller, Penelope, ‘The right to health: the Law Review 437–469. Convention on the Rights of Persons with # Stroud, Natalie, ‘The Koori Court revisited: Disabilities’ (2010) 35(2) Alternative Law O’Connor, Pamela, Christensen, Sharon a review of cultural and language awareness Journal 66–71. and Duncan, William, ‘Legislating for in the administration of justice’ (2010) 18(3) sustainability: a framework for managing Australian Law Librarian 184–192. Weller, Penelope, ‘Developing law and ethics: statutory rights, obligations and restrictions The Convention on the Rights of Persons Taylor, Greg, ‘Constitutional restrictions on affecting private land’ (2010) 35(2) Monash with Disabilities’ (2010) 35(1) Alternative Law touchscreen voting computers in Germany’ University Law Review 233–261. Journal 8–12. (2010) 9(4) Election Law Journal: Rules, # Ong, Brendan and Gerber, Pamela, Politics, and Policy 443–449. Weller, Penelope, ‘Psychiatric advance ‘Dispute boards: is there a role for lawyers?’ directives and human rights’ (2010) 17(2) Taylor, Greg, ‘Executive privilege in response (2010) 5(4) Construction Law International Psychiatry, Psychology and Law 218–229. to a demand for documents by the legislature 7–12. in Germany’ (2010) 21(2) King’s Law Journal Wilson, Eric, ‘“The dangerous classes”: Hugo Pittard, Marilyn, ‘Fair process in unfair 399–410. Grotius and seventeenth-century piracy as dismissal claims: changing landscape under a primitive anti-systemic movement’ (2010) Taylor, Greg, ‘Federalism in Australia’ (2010) the Fair Work Act’ (2010) 17(4) Australian 4(1) The Journal of Philosophical Economics 4(2) Vienna Online Journal on International Journal of Administrative Law 199–204. 146–183. Constitutional Law 171–179. # Quo, Shirley, ‘Competition, monopoly and Wilson, Eric, ‘Making the world safe for Taylor, Greg, ‘The Torrens system – definitely the role of intent in s 2 of the Sherman Act: Holland: De Indis of Hugo Grotius and not German’ (2010) 30(2) Adelaide Law lessons from abroad’ (2010) 38(5) Australian international law as geoculture’ (2010) 32(3) Review 195–212. Business Law Review 270–308. Review 239–287. Taylor, Greg and Ziemer, Michael, ‘Justice # Richardson, Elizabeth and McSherry, # Windholz, Eric, ‘Evaluating the vs certainty: international law and the Bernadette, ‘Diversion down under – harmonisation of Australia’s OHS Laws: mortgagee’s power of sale’ (2010) 18(3) programs for offenders with mental illnesses Challenges and opportunities’ (2010) Australian Property Law Journal 245–262. in Australia’ (2010) 33(4) International Journal 32(2) The Asia Pacific Journal of Public of Law and Psychiatry 249–257. Tsamenyi, Martin, Palma, Mary, Milligan, Administration 137–162. Ben and Mfodwo, Kwame, ‘The European Rodrick Sharon, ‘Open justice, the media Witzleb, Normann, ‘‘Equity does not act Council Regulation on illegal, unreported and and identifying children involved in criminal in vain’: an analysis of futility arguments in unregulated fishing: an international fisheries proceedings’ (2010) 15(4) Media and Arts claims for injunctions’ (2010) 32(3) law perspective’ (2010) 25(1) International Law Review 409–451. The Sydney Law Review 503–531. Journal of Marine and Coastal Law 5–31. # Venkataraman, Prasanna and McSherry, Bernadette, ‘Incorporating carers’ rights in mental health legislation’ (2010) 17(4) Journal of Law and Medicine 481–486. # Villaroman, Noel, ‘Debt servicing and its adverse impact on economic, social, and cultural rights in developing countries’ (2010) 9(4) Journal of Human Rights 487–501.

Annual Report 51 15. Publications 2010

Journal Articles – Journal articles (letters/notes Minor Reviews non-refereed /book reviews) Bowman, Diana, Hodge, Graeme and Alexander, Renata, ‘Changes in family law’ Castan, Melissa, ‘Remembering the rule of Ludlow, Karinne, ‘Australia’ in Encylopedia of (2010) 22(4) Legaldate 6–9. law’ (2010) 35(4) Alternative Law Journal Nanoscience and Society (Volume 1) (Sage 233–234. Publications, Inc., 1st ed, 2010) 34–36. Bagshaw, Dale, Brown, Thea, Wendt, Sarah, Campbell, Alan, McInnes, Elspeth, Tinning, Freckelton, Ian, ‘An Exclusive Love’ (2010) Goldsworthy, Jeff, ‘Philosophy of law’ in A Beth, Batagol, Becky, Sifris, Adiva, Tyson, 18(1) Journal of Law and Medicine 197–198. Companion to Philosophy in Australia and Danielle, Baker, Joanne, and Fernandez New Zealand (Monash University Publishing, Freckelton, Ian, ‘Bars and Benches’ (2010) Arias, Paula, ‘ ‘Family Violence: parents’ and 1st ed, 2010) 398–402. 148 (Summer 2010) Victorian Bar News children’s experiences before and after the 40–41. Ludlow, Karinne, ‘Australian pesticides 2006 reforms’ (2010) 21(2) Australian Family and veterinary medicines authority’ in Lawyer 11–18. Freckelton, Ian, ‘Confidentiality for Mental Encyclopedia of Nanoscience and Society Health Professionals, by A Kampf, B Creyke, Robin and Groves, Matthew, (Sage Publications, Inc, 1st ed, 2010), 38–39. McSherry, J Ogloff and A Rothschild’ (2010) ‘Administrative law evolution: an academic 17(3) Psychiatry, Psychology and Law Ludlow, Karinne, ‘Food standards Australia perspective’ (2010) 59(May 2010) Admin 476–478. and New Zealand’ in Encyclopedia of Review 27–41. Nanoscience and Society (Sage Publications, Freckelton, Ian, ‘Dissection’ (2010) 17(4) Freckelton, Ian, ‘Consequences of suicide for Inc, 1st ed, 2010), 248–249. Journal of Law and Medicine 633–634. negligence compensability’ (2010) 99 (July/ August) Precedent 20–25. Freckelton, Ian, ‘Escape, by Carolyn Jessop’ Conference Publications (fully (2010) 17(1) Psychiatry, Psychology and Law Freiberg, Arie, ‘Restocking the regulatory refereed)* 169–171. tool-kit’ [2010] Jerusalem Forum on De Zwart, Melissa, Henderson, Michael, Regulation & Governance 1–45. Freckelton, Ian, ‘Investigative Psychology: Phillips, Michael and Lindsay, David, ‘ ‘I like, Offender Profiling and the Analysis of Criminal Kneebone, Susan, ‘The trafficking-refugee stalk them on Facebook’: teachers’ ‘privacy’ Action, by David Canter and Donna Youngs’ nexus: when return and reintegration and the risks of social networking sites’, (2010) 17(2) Psychiatry, Psychology and Law becomes refoulement’ (2010) July 2010 2010 IEEE International Symposium on 328–331. Alliance News 24–26. Technology and Society (ISTAS ‘10), 7 June 2010, Wollongong, NSW, 319–326. Freckelton, Ian, ‘Mapping Fate: A Memoir Pittard, Marilyn, ‘Workplace misconduct, the of Family, Risk and Genetic Research; Small Business Fair Dismissal Code and the The Woman Who Walked into the Sea: Conference Publications criminal process’ (2010) 16(8) Employment Huntington’s and the Making of a Genetic Law Bulletin 111–113. (other) and public Disease’ (2010) 18(1) Journal of Law and presentations Medicine 195–197. Castan, Melissa and Debeljak, Julie, ‘The Freckelton, Ian, ‘My Lobotomy, by Howard human rights impact of the Victorian Charter Dully and Charles Fleming’ (2010) 17(4) for indigenous peoples’ record-keeping and Psychiatry, Psychology and Law 607–609. archiving?’, Towards an Understanding of Freckelton, Ian, ‘The Tall Man: A Depiction the Archival and Recordkeeping Implications of Injustice’ (2010) 17(5) Journal of Law and of Australian and International Human Rights Medicine 873–875. for Indigenous Australians, 12 October 2010, Melbourne, Victoria, Australia, 1–14. Groves, Matthew, ‘Prisoners and the Victorian Charter’ (2010) 34(4) Criminal Law Freckelton, Ian, ‘The long and winding road Journal 217–220. back toward re-integration in the community: an analysis of revocations of supervisory Joseph, Sarah, ‘Sport and the law: sport and status of persons found not guilty by the human rights: closer than you think’ (2010) Victorian Supreme Court by reason of 35(4) Alternative Law Journal 235–236. mental impairment’, Mental Health Issues Kyriakakis, Joanna, ‘Introduction to the and the Administration Justice Conference, Special Edition’ (2010) 4(3) Criminal Law and 19 February 2010, Auckland, New Zealand, Philosophy 245–247. 1–13. Monotti, Ann, ‘Ownership of employee inventions’ (2010) 32(1) European Intellectual Property Review N-1-N-2.

52 Faculty of Law 15. Publications 2010

Conference paper extracts Expert Commentary Reports and Submissions Douglas, Kathy and Batagol, Becky, ‘ADR Horrigan, Bryan, ‘The law’s corporate Debeljak, Julie, ‘Submission on the Human and non-adversarial justice as sites for citizenship challenges’, The Australian Rights (Parliamentary Scrutiny) Bill 2010’, understanding emotion in dispute resolution: Financial Review, 5 November 2010, 47–47. Federal Parliamentary Inquiry by the reporting on research into teaching practices Senate Standing Committee on Legal and McSherry, Bernadette, ‘Rethinking mental in selected Australian law schools’, Non- Constitutional Affairs, Parliament of Australia, health laws’, head2head, 1 January 2010, adversarial Justice: Implications for the Legal 9 July 2010, 1–11. 27–27. System and Society Conference, 4 May Debeljak, Julie, ‘Submission to the 2010, Melbourne, Victoria, Australia, 1–60. McSherry, Bernadette, ‘Students’ crimes Consultation on a Charter of Human ‘won’t fill courts’ ’, The Age/The Sydney Naylor, Bronwyn, ‘Restorative justice and Rights and Responsibilities for Tasmania’, Morning Herald/The West Australian, sexual assault – building parallel pathways Tasmanian Government Inquiry by the 10 March 2010. for victims’, 10th Annual Conference of Department of Justice, Government of the European Society of Criminology, 9 Naylor, Bronwyn, ‘Let’s smooth the road for Tasmania, 29 November 2010, 1–34. September 2010, Liege, Belgium, 257–258. disadvantaged learner drivers’, The Age, 30 Debeljak, Julie and McBeth, Adam, July 2010. Naylor, Bronwyn and Dussuyer, Inez, ‘Human Hansard, Human Rights (Parliamentary rights in ‘closed environments’ – balancing Naylor, Bronwyn, ‘Wearing a niqab in the Scrutiny) (Consequential Provisions) Bill demands and changing cultures’, 10th witness box’, The Law Report, ABC Radio 2010; Human Rights (Parliamentary Scrutiny) Annual Conference of the European Society National, 31 August 2010. Bill 2010’, Senate Legal and Constitutional of Criminology, 9 September 2010, Liege, Affairs Legislation Committee, Parliament of Belgium, 233–233. Witzleb, Normann, ‘Victorian opposition Australia, 4 November 2010, 10–17. leader sues Labor Party’, AM with Tony Naylor, Bronwyn and Heydon, Georgina, Eastley, ABC Radio National, 23 November Horrigan, Bryan, ‘Submission to the Senate ‘Walking the employment tight-rope: 2010. Legal and Constitutional Affairs Legislation balancing ex-offender needs and employer Committee’, Senate Inquiry into Human risk minimisation in the use of pre- Rights (Parliamentary Scrutiny) Bill 2010 and employment police record checks’, 10th the Human Rights (Parliamentary Scrutiny) Annual Conference of the European Society (Consequential Provisions) Bill 2010, of Criminology, 9 September 2010, Liege, Parliament of Australia, 27 October 2010, Belgium, 280–280. 1–26. O’Sullivan, Maria, ‘The harmonisation Naylor, Bronwyn, ‘Submission: Inquiry into of refugee law in the European Union spent convictions for juvenile offenders’, – implications for international law’, NSW Legislative Council Standing Committee International Law in the Second Decade on Law and Justice, Government of New of the 21st Century: Back to the Future South Wales, 16 March 2010, 1–6. or Business as Usual?, 25 June 2010, Canberra, ACT, Australia, 1–14. Other Taylor, Greg, ‘Rudolf Leberecht Reimer – a forgotten South Australian German’, Proceedings of the German-Australian Connections Conference, 24 September 2010, Adelaide, SA, Australia. Witzleb, Normann, ‘Declarations’ in David Wright and Samantha Hepburn (eds), Remedies in Equity: The Laws of Australia (Thomson Reuters, 1st ed, 2010), 1–27.

Annual Report 53 Appendix I ector (Level A – C) omotions Ctee omotions Ctee (Level B – C) national P r P r Di r Witzlebb Assoc Prof Malaysia Convenor Dr Normann Dr Heli Askola Inte r Jonothan Clough Convenor Prato

oup om & ofessors G r Selection Ctee ASPRO P r Naylor Officer P r Ms Susan ector Equity Dr Bronwyn Indigenous Dr Julie Debeljak Ms Lisa Spagnolo Barkehall-Thomas Student Equity Di r Student Liaison Equity and f Diversity Ctee ofessional Meetings ector P r omotions Ctee Academic Sta f eaching P r Barkloczy Di r T ofessor Stephen Faculty P r Discipline Education Committee Committee n

f a f h a ge r f ra l s t cti on d Shan a oup ger s an d r y Man a e a t l r G r S e Meeting u G Committee l Gen e W eiberg l General Sta f Classification Selection and Man a a Fa c Mr Space Allocation Section Managers ch) ch DEAN OF L A ofessor Arie F r ofessor P r P r Resea r (Resea r Committee Bryan Horrigan Faculty of Law 2010 Prof M Davidson Convenor HDR Prof J Goldsworthy Associate Dean ) ners n ofessor Academic Governance Positions isi o (JD) Sub-Ctee d of Exam i J Duns and d (PG Di v Studies Ctee ofessor J Malbon ofessor A Monotti (PG Stuidies) Ms Oyiela Litaba Postgraduate Convenor LLM Convenor LLM Advisory Panels Student Matters Associate Dean P r Associate P r P r Boa r Executive Committee Faculty Boa r on ) ofessor Practice Honours d of Examiners Convenor Convenor Law School (UG Divis i Liaison Ctee Studies Ctee Moira Paterson Mr Ross Hyams ofessor J Malbon Mooting Adv (UG Stuidies) Undergraduate Dr Colin Campbell & Dispute Res. Associate Dean Convenor Legal P r etors Associate P r Boa r es/ e Di r Cent r Committee Cent r Master Planning (Staff) Academic Supervisor Adrian Evans Associate Prof Associate Dean OSP Committee

54 Faculty of Law Appendix II

Prize Winners 2010

Prize Won Supporter First Name Surname 2010 Monash Law School Students’ Publication Prize Simon Smith Alan Missen Prize for the Best Essay on Human Rights Alan Missen Foundation Skye Melki-Wegner Alec Masel Prize for Civil Procedure Supported by DLA Phillips Fox DLA Phillips Fox Dean Isreb Isreb Allens Arthur Robinson Prize for Corporations Law Allens Arthur Robinson Jasmine Kahan Dean Isreb Arnold Bloch Leibler Prize for Insolvency Arnold Bloch Leibler Matthew Lindley Arnold Bloch Leibler Prize for Taxation Law Arnold Bloch Leibler Greg Metter Davy Chen Sarah Tesar Australian Advocacy Institute Prize for the Jessup Moot Competition Australian Advocacy Institute William Bartley Blake Dawson Prize for Contract A Blake Dawson Duncan allace Blake Dawson Prize for Contract B Blake Dawson Brooke Smith Blake Dawson Prize for Law and Discrimination Blake Dawson Imogen Beynon Brian Benjamin Prize for Trusts Supported by DLA Phillips Fox DLA Phillips Fox Paulina Fishman Carol Keating Prize for Criminal Law and Procedure supported by the Office of Public Office of Public Prosecutions Paulina Fishman Prosecutions Chief Justice Marilyn Warren prize for Best Master of Laws (Juris Doctor) Robert Stilling County Court of Victoria Prize for Comparative Criminal Law County Court of Victoria Christopher Hooper County Court of Victoria Prize for Current Problems in Criminal Law County Court of Victoria Amanda Byrne Nicholas Tehanr County Court of Victoria Prize for Negotiation and Mediation Law County Court of Victoria Andrew Asten Davies Collison Cave Prize for Best Intellectual Property Student Davies Collison Cave Uditha Bernard Davies Collison Cave Prize for Biotechnology and the Law Davies Collison Cave Kelly Ruffin Department of Justice Prize for Non-adversarial Justice Department of Justice Christopher Hooper Dr Brian Donovan Memorial Prize for Crime and gender 406 Supported by the Dr Brian Donovan Remy Kinna Memorial Trust Enid Campbell Prize for Constitutional Law Supported by The Victorian Government the Victorian Government Solicitor Jenna Friedman Solicitor Freehills Prize for Equity Freehills Kelly Goodwin Herbert Geer Prize for Intellectual Property 1: Copyright, Designs and Confidential Information Herbert Geer Victor Tzewui Victor Tzewui Phiong Phiong Holding Redlich Prize for Australian Commerical Law Holding Redlich Lisa Harrison Skye Melki-Wegner Hunt & Hunt Prize for Property A Hunt & Hunt Skye Melki-Wegner Hunt & Hunt Prize for Property B Hunt & Hunt Shirlin Wu Shirlin Wu Jeffrey L Sher Prize for Trial Practice and Advocacy Monash Law School Kristian Rodd Kumar Amarasekara Prize for Criminal Law Kumar Amarasekara Bequest Paulina Fishman Law Institute of Victoria Prize for Advanced Professional Practice Law Institute of Victoria Brett Harding Lawrence McCredie Prize for Succession Law Monash Law School Helen Schneider Pranita Fernandes LexiNexis Prize for Research and Writing LexisNexis Paulina Fishman LexisNexis Prize for Human Rights in Australian Law LexisNexis Remy Kinna LexisNexis Prize for Restrictive Trade Practices LexisNexis Anne Garner Monash Law School Prize for International Criminal Law Monash Law School Brodie Same

Annual Report 55 Appendix II

Prize Won Supporter First Name Surname Louise Crockett Memorial Prize for Family Law (Parents, Children and the State) Louise Crockett Memorial Fund Courtney McKay Mallesons Stephen Jaques Prize for Australian Banking Law 406 Mallesons Stephen Jaques Josephine Tan Mallesons Stephen Jaques Prize for Evidence Mallesons Stephen Jaques Kelly Ruffin Maurice Blackburn Prize for Law Reform and Community Development Maurice Blackburn Lawyers Yardena Lankri MolinoCahill Lawyers Prize for Construction Law MolinoCahill Lawyers Belinda Nisbet Monahan + Rowell Prize for Legal Issues in Medicine Monahan + Rowell Kathleen Casey Bridie Druce Monahan + Rowell Prize for Professional Practice Monahan + Rowell Emilia Michael Imogen Beynon Monash Law Schoo Prize for Remedies Monash Law School Emily Coghlan Monash Law School Prize for Collective Labour Rights Monash Law School Kelly Ruffin Monash Law School Prize for Comparative consumer bankruptcy Monash Law School Amy Burton Monash Law School Prize for Comparative corporate insolvency and rescue Monash Law School David Plant Monash Law School Prize for Comparative European Legal Systems Monash Law School Georgina Taylor Monash Law School Prize for Comparative Perspectives on Crime and Punishment Monash Law School Felicity Fox Monash Law School Prize for Comparative remedies Monash Law School Ebony Eades Monash Law School Prize for Conflict of Laws - Private Interanational Law Monash Law School Kristian Rodd Emily Coghlan Monash Law School Prize for Consumer Law Monash Law School Thomas Latage Lambeth Monash Law School Prize for Current problems in constitutional law Monash Law School Isabel Waters Monash Law School Prize for Cyberlaw Monash Law School Indroneel Bhattacharjee Monash Law School Prize for Family Law Assistance Program - Professional Practice Monash Law School Sydarth Balachandran Monash Law School Prize for International Commercial Arbitration Monash Law School Nicholas Batten Dinh Dang Monash Law School Prize for International Criminal Law Monash Law School Sarah Lenthall Monash Law School Prize for International laws of armed conflict Monash Law School Sylvester Urban Monash Law School Prize for International Organisations Monash Law School Amanda Shuen Monash Law School Prize for International perspectives on torts law Monash Law School Annika Anderson Penelope Swales Monash Law School Prize for Introduction to European Union Law Monash Law School Jack Rayson-Grant Monash Law School Prize for Introduction to Family Law Monash Law School Jessica Bounds Monash Law School Prize for Issues in medical ethics and law Monash Law School Annika Anderson Monash Law School Prize for Law of Employment Monash Law School Kelly Ruffin Monash Law School Prize for Lawyers, Ethics and Society Monash Law School Marianna Parry Monash Law School Prize for Legal philosophy 406 Monash Law School David Taft Monash Law School Prize for Product liability Law from a Comparative Perspective Monash Law School Felicity Fox Monash Law School Prize for Research unit B 406 Brennan Ong

Monash Law School Prize for Restitution Monash Law School Amrutha Ram Mohan Jake Ward Monash Law School Prize for Sentencing and sanctions Monash Law School Annika Anderson Tara Privitelli Monash Law School Prize for Supervised Research Paper Monash Law School Marianna Parry

Monash Law School Prize for The Judiciary in Comparative Perspective Monash Law School Tom Moodie

56 Faculty of Law Prize Won Supporter First Name Surname Monash Law School Prize for Torts A Monash Law School Tan Lu Norton Rose Prize for Climate change and international law Norton Rose James Newton Norton Rose Prize for Insurance law 406 Norton Rose Philip Wong Norton Rose Prize for International Environmental Law Norton Rose Cristian Urdea Peter Twining Prize for Best Honours Thesis in Common Law Supported by DLA Phillips DLA Phillips Fox Kelly Ruffin Fox Russell Kennedy Prize for Environmental Law 406 Russell Kennedy Hilary O’dwyer Marianna Parry Sir Charles Lowe Moot Prize for Best Senior Advocate Supported by the Sir Charles Lowe Trust Hugh Bastiaan Sir Owen Dixon Prize for International Law Supported by the International Commission of International Commission of Jurists - Trent Hancock Jurists (Victoria) Victoria Supreme Court Prize for Best Honours Thesis Supreme Court of Victoria Evan Peterson Supreme Court Prize for Best Honours Student Marianna Parry The Commercial Bar Association of Victoria (Asia Practice) Prize for Malaysian and Commercial Bar Association of Victoria Martin Corr Singaporean Constitutional Systems. (Asia Practice section) The Grey Group Prize for Children’s rights in international and domestic law The Grey Group Randall Kune Katherine Sudholz Thomson Reuters Legal and Tax Australia Prize for Contemporary Workplace Relations Law Thomson Reuters Legal and Tax Australia Kelly Ruffin Thomson Reuters Legal and Tax Australia Prize for Introduction to Legal Reasoning Thomson Reuters Legal and Tax Australia Sven Svalbe Thomson Reuters Legal and Tax Australia Prize for Media Law 1 Thomson Reuters Legal and Australia Chelsea Winter Thomson Reuters Legal and Tax Australia Prize for Torts B Thomson Reuters Legal and Tax Australia Scott Joblin Victorian Institute of Forensic Medicine Prize for Elements of Forensic Medicine Victorian Institute of Forensic Medicine Alison Ross

Annual Report 57 Further information

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

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

Caution: While the information provided in this brochure was correct at the time of its publication, Monash University reserves the right to alter this information should the need arise. You should always check with the relevant faculty officers when considering a course. www.law.monash.edu October 2011

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