Melbourne Law School Australia’s first, Australia’s global Research Report 2008 Contents Welcome Academic Research Focus Funded Research Graduate Research Student Focus Student Research Prizes Published Research Centres and Institutes Journals, Magazines and Newsletters Journal Affiliations Faculty Research Workshop Series Academic Staff Graduate Research Degrees Completed Graduate Research Degrees in Progress Welcome t is my great pleasure to present the Research The Centres and Research Groups continued to provide Report of the Melbourne Law School (MLS) for intellectual homes for academics and students with I2008. The report reflects a year in which members of shared scholarly interests. The description of the work MLS undertook a wide range of exciting and significant of the Centres and Groups in this report illustrates research. We highlight in this report the work of three the extraordinary range of scholarly activities being of our academics and two PhD students to give you carried out at MLS. The Centres ran major conferences, some insight into the work being undertaken in by MLS seminars, workshops and students events and played researchers. In addition, a full list of the 2008 research host to visitors from a many countries. In addition, the publications by MLS members, including 21 authored Law School itself played host to a number of important or co-authored books and 8 edited collections is set out intellectual events including the regular Monday in the report. Congratulations to those who produced lunchtime research workshop series in which academics such an extraordinary collection of works and also to the present their work in progress. fourteen research students who completed research Thanks are due to the many members of academic doctorates or masters degrees in 2008. and professional staff who support the research This year saw six new ARC Discovery Projects commence of the law school. In particular, my thanks to on topics as diverse as: court reform in Cambodia and Christine Parker and Gerry Simpson for their outstanding Vietnam; the long-term impact of shared parental care work as PhD co-ordinators and to grant mentors post-divorce; a history of the family court; the role of Sean Cooney and Chris Dent who have played amateur media; theories of free speech; and corporate an important role in MLS’s grant success. The liability. In addition, three new ARC Linkage grants have team in the Research Office has provided very brought together leading MLS academics with partners high quality support to academics and research such as IP Australia and the Institute of Patent and Trade students and I would like to acknowledge the Carolyn Evans Mark Attorneys for a project on patent harmonisation; wonderful work of the Research Manager, Associate Dean (Research) the Australian War Memorial and the Australian Federal Lucy O’Brien, as well as the excellent support provided Police to create a law report series on war crimes by Mas Generis, Jenny Mcfadden and Sophie Garrett. trials; and Westmead Fertility Services for research into My particular thanks to Angela Hendley-Boys who has oöcyte donation. MLS continued our strong tradition of taken primary responsibility for the design and content success in ARC grant applications being awarded nearly of the new electronic form of the Research Report. a third of the research grants in law and justice granted in Australia for research commencing in 2009. Welcome 3 ACADEMIC RESEARCH FOCUS John Howe with ‘private governance’ or ‘self regulation’ by non- (C Arup et al (eds), Labour Law and Labour Market government actors such as business firms. John’s Regulation, 2006). Writing in the Melbourne University groundbreaking 2006 book chapter ‘“Deregulation” of Law Review, internationally renowned labour law scholar Labour Relations in Australia: Toward a More “Centred” Professor Simon Deakin of the Faculty of Law, Cambridge Command and Control Model’ called into question the University, described this book as ‘unquestionably a underlying assumptions of the Howard Government’s landmark in Australian labour law scholarship’. John’s labour law reform program, using the Building and book Regulating for Job Creation (Federation Press, Construction Industry Improvement legislation as an 2008) furthers this project by employing a regulatory example. A particular focus of John’s recent research perspective to analyse job creation policies and labour has been to examine the role of government in shaping market governance in Australia over the last thirty years. employment relations and labour standards using ‘soft’ or ‘light touch’ regulation to encourage or promote In 2009, together with Associate Professor Sean shifts in corporate self-governance, as an alternative to Cooney, John will commence a research project funded mandatory labour law. This research led to him being by the Australian Research Council in conjunction with commissioned (with Associate Professor Anthony federal government agency the Fair Work Ombudsman. Forsyth of Monash University) to write a major research This three year project will be an empirical study of the ssociate Professor John Howe is Director of the report for the Victorian Government (Current Initiatives Fair Work Ombudsman’s enforcement of federal labour Centre for Employment and Labour Relations to Encourage Fair and Cooperative Workplace Practices: rights and obligations under the Fair Work Act 2009. Law at the Law School. John completed his PhD A An International Survey, June 2008). at the Melbourne Law School in 2004. John also holds Selected publications may also be viewed or downloaded degrees from Monash University (BA/LLB) and Temple John’s second main research interest is in the area from SSRN. University in the USA (LLM (Summa Cum Laude)). of labour law and labour market regulation, or the relationship between conventional labour law and John is one of the leading contributors of theoretical other areas of regulation which impact on the supply and empirical labour law research in Australia. His and demand of labour. These other areas of regulation main research interests lie in two areas. The first include welfare policy, job creation policies, education involves the use of regulatory theory to develop a and training regulation and tax policy. He is one of a deeper understanding of the regulatory approaches and key group of academics who have been working on mechanisms employed in labour law and policy. John has reconceptualising the content of Australian labour law, written extensively on the diverse forms and techniques resulting in the publication of a major edited collection of government labour regulation and their intersection Academic Research Focus 5 Megan Richardson rofessor Megan Richardson received her BA and Knowledge, Traditional Cultural Expressions LLB from Victoria University of Wellington, New and Intellectual Property Law in the Asia-Pacific PZealand. She has an LLM from Yale University, Region (Kluwer Law International, 2009); where she was a Fulbright scholar, and an LLM in • ‘The Art of Retelling: Harry Potter and Copyright comparative law from the Free University of Brussels. in a Fan-Literature Era’ (with David Tan) (2009) Before joining the Melbourne Law School, Megan 14 Media & Arts Law Review 31; worked at the New Zealand, Victorian and Australian Law Reform Commissions and practiced commercial • ‘Larger than Life in the Australian Cinema: law at Chapman Tripp Sheffield Young and Buddle Finlay, Pacific Dunlop v Hogan’ in A Kenyon, Solicitors, in Wellington. She was appointed a Senior M Richardson and S Ricketson (eds), Lecturer at Melbourne Law School in 1992, promoted to Landmarks in Australian Intellectual Property Associate Professor in 1998, and to Professor in 2008. Law (Cambridge University Press, 2009) – as well as co-editing the book and co-writing the Megan’s research interests are wide-ranging and cross- introduction; disciplinary, and much of her work is collaborative. The main fields in which she has worked in recent years • ‘Traversing the Cultures of Trade Marks: Observations on the Anthropological Approach have been intellectual property and privacy. However, Communications and Director of the Institute for Social of James Leach’ in L Bently, J Davis and within these fields her work has been very diverse. For Research at Swinburne University of Technology. Her J Ginsburg (eds), Trade Marks and Brands instance in 2008 she completed research papers for current writing projects include a co-authored book (Cambridge University Press, 2008); publication on the following topics: with Michael Bryan (also of the Melbourne Law School) • ‘Patents and Exhibitions’ (2009) 12 Journal of • ‘Music Markets and Bad Actors in Competition on Breach of Confidence: Social Origins and Modern World Intellectual Property (forthcoming); and Copyright Law’ (with Arlen Duke) (2008) 16 Developments, to be published by Edward Elgar in 2011. Competition and Consumer Law Journal 203; • ‘Copyright and the New Street Literature’ (with Megan Richardson teaches Special Topics in Intellectual Jason Bosland) in Arup and Van Caenegem • ‘Wood v Duff-Gordon and the Modernist Cult Property (a research subject) and Remedies in the (eds), Intellectual Property Law Reform: of Personality’ (with David Tan) (2008) 28 Pace Melbourne Law School LLB program, as well as Privacy Fostering Innovation and Development Law Review 379. Law and Entertainment Law in the Melbourne Law (Edward Elgar, forthcoming 2009); She also commenced work in 2008 on a three