Bond University Student Law Review

Assessing the Need for a Constitutionally-Entrenched Bill of Rights in Australia

Raylene D'Cruz — Sun, 18 Mar 2007 19:20:39 PDT

This article discusses the Bill of Rights issue in an Australian context. It firstly examines the advantages and disadvantages of adopting a Bill of Rights in order to assist in establishing whether this document in necessary in Australia. It then considers the ways in which a Bill of Rights has been implemented in the United Kingdom, South Africa and Canada in order to determine which implementation approach would be most suited to Australia in the event that a Bill of Rights is adopted.

The New Family Dispute Resolution System: Reform Under the Family Law Amendment (Shared Parental Responsibility) Act 2006

Serena Nicholls — Sun, 18 Mar 2007 19:19:32 PDT

This article explores the changes to Australia’s family law system brought about by the recent enactment of the Family Law Amendment (Shared Parental Responsibility) Act 2006 (Cth). It outlines the new family law system as proposed by the Act, and discusses the Australian Government’s reasoning behind the changes. This article then examines the new family mediation process through the use of Family Relationship Centres, addressing both the advantages and disadvantages of the introduction of compulsory mediation prior to pursuing litigation. This article aims to highlight that while the new family system has certain benefits, some problems may still exist with its implementation in the current post-seperation environment.

The Pacific Solution - Assessing Australia's Compliance with International Law

Rachel Mansted — Sun, 18 Mar 2007 18:57:12 PDT

This article focuses on the extent to which the Pacific Solution legislative scheme implemented by the Australian Government in 2001 complies with international law. It discusses Australia’s obligations in several key areas of international refugee law, seeking to elucidate the interpretative discrepancies as to the content of these obligations, and examines to what extent and in which areas the Pacific Solution complies with international law.

The Law Around a Miscarriage of Justice in Queensland

Dylan Wiltermuth — Sun, 18 Mar 2007 17:35:45 PDT

This article examines the judicial test expounded by the High Court in M v The Queen (1994) 181 CLR 487, which intermediate appeal courts in Australia considering an application for a miscarriage of justice are currently governed by. It argues that the High Court in fact created two separate tests which can yield different results when applied to the same set of facts. In doing so, this article discusses the historical development of the judicial test, and its context within the statutory requirements of s668E of the Criminal Code Act 1899 (Qld). Using both judicial commentary and academic interpretation, this article then goes on to scrutinise the formulation of the judicial test from M v The Queen. Finally, the judicial test will be considered in the context of a petition for the exercise of the Royal Prerogative brought on behalf of Graham Stuart Stafford on the ground that there had been a miscarriage of justice, illustrating the two distinct outcomes of the test.