Scholarly publications and presentations by staff from the Law Faculty.


Documents from 2013


Still curbing unconscionability: Kakavas in the High Court of Australia, Rick Bigwood

Predictable irrationality in mediation: Insights from behavioural economics, Laurence Boulle

Rebuilding state systems post - GFC: the South African case, Laurence Boulle

The migration of the book across territorial borders: Copyright and cultural implications, Francina Cantatore

The power balance revisited: Authors, publishers and copyright in the digital sphere, Francina Cantatore


Businesses are people too? Anomalies in widening the ambits of "consumer" under consumer credit law, Francina Cantatore and Brenda Marshall

Hanks Australian Constitutional Law: Materials and Commentary, Jennifer Clarke, Patrick Keyzer, and James Stellios

Psychology from the bench, Ian R. Coyle and David Field

Clarifying the meaning of 'publication' of defamatory matter in the age of the internet, Joachim Dietrich

Uncertainty, unfairness and complexity in the context of recreational activities, Joachim Dietrich


Confronting the new reality: Globalisation, the Global Financial Crisis and the State, John H. Farrar and David Mayes

Globalisation, the crisis and the state: Introduction, John H. Farrar and David G. Mayes

Globalisation, the Global Financial Crisis and the State, John H. Farrar and David G. Mayes


The dumping dragon: Analysing China's evolving anti-dumping behaviour, Umair H. Ghori

The rehabilitation of preventive detention, Brendan Gogharty, Benedict Bartl, and Patrick Keyzer

Concussion in court: A review of the 2013 NHL and NFL concussion litigation in the United States, Annette Greenhow

Global, local and glocal schools: the role of comparative law and the impact of globalisation, Mary E. Hiscock

Reflections on the three decades of international trade and investment law - and beyond, Mary E. Hiscock

Development through sport: Fans and critics of the new player on the field, Danielle Ireland-Piper

Extraterritorial criminal jurisdiction and the rule of law, Danielle Ireland-Piper

Out of Tune and Out of Time: The Relationship between Australia’s International Obligations and Australian Constitutionalism and Why It Matters to our Identity in the Asian Century, Danielle Ireland-Piper

Prosecutions of extraterritorial criminal conduct and the abuse of rights doctrine, Danielle Ireland-Piper

'How dare you tell me how to teach!': Resistance to educationalism within Australian law schools, Nick James

Equipping students for the real world: Using scaffolding experimental approach to teach the skill of legal drafting, Tammy Johnson and Francina Cantatore


Juries and Social Media: A Report Prepared for the Victorian Department of Justice, Jane Johnston, Patrick Keyzer, Geoffry Holland, Mark L. Pearson, Sharon Rodrick, and Anne Wallace

Preventive Detention: Asking the Fundamental Questions, Patrick Keyzer

Preventive detention: Asking the fundamental questions, Patrick Keyzer

Principles of Australian Constitutional Law, Patrick Keyzer

The courts and social media: What do judges and court workers think?, Patrick Keyzer, Jane Johnston, Mark Pearson, Sharon Rodrick, and Anne Wallace


The preventive detention of 'dangerous' sex offenders in Australia: Perspectives at the coalface, Patrick Keyzer and Bernadette McSherry

The preventive detention of 'dangerous' sex offenders in Australia: Perspectives at the coalface, Patrick Keyzer and Bernadette McSherry

Promotion of the employment of persons with disabilities in Japan, the United States, and China: Carrot, stick, or both?, Vai Io Lo

Can ethics survive the onslaught of science?, Michael Lupton


Advance pricing arrangements: Are Australia's recent reforms relevant to Canada?, Michelle Markham

Multilateral advance pricing agreements - A multifaceted approach to a global conundrum?, Michelle Markham


The law textbook: Same same?, Maria Nicolae

The liability-sanction relationship: A case study in the effectiveness of the corporate regulatory regime, Maria Nicolae


Naming young offenders: Implications of research for reform, Jodie O'Leary


Submission in Response to the Safer Streets Crime Action Plan – Youth Justice 2013, Jodie O'Leary, Bruce Watt, Suzie O'Toole, and Patrick Keyzer

Ong on Specific Performance, Denis Ong

Ong on specific performance, Denis Ong

Developments in central banking after the GFC: Central banks, the state, globalisation and the GFC, Louise Parsons

Does Australia really need mandatory data breach notification laws - and if so, what kind?, Sara Smyth

An exploration of the legal meaning of franchising, Elizabeth Crawford Spencer

Extraterritoriality in the context of data privacy regulation, Dan Svantesson

Improving accessibility to research findings in law: Uniform summary statements, Dan Svantesson

Legal theories of private international law: Overview and practical implications for internet regulation, Dan Svantesson

On-Line cross-border defamation disputes, Dan Svantesson

Privacy in the context of piracy: The forgotten issue in the hunt for online copyright pirates., Dan Svantesson

Private International Law and the internet- An Australian perspective and beyond, Dan Svantesson

What is 'law', if the 'law' is not something that 'is'? A modest contribution to a major question, Dan Svantesson


The Trade Practices Act: A hard act to follow? Online consumers and the new Australian consumer law landscape., Dan Svantesson and Roger Clarke

A 'layered approach' to the extraterritorality of data privacy laws, Dan J B Svantesson

Extraterritoriality in Data Privacy Law, Dan Jerker B. Svantesson

Staying focused on the big picture: Should Australia legislate for corporate manslaughter based on the United Kingdom model?, Des Taylor and Geraldine Mackenzie

Ethanol at the crossroads, Madeline Taylor


Is it a levy, or is it a tax, or both?, Madeline Taylor

Wrestling with giants - a critical account of supermarket power and competition laws in Australia and United Kingdom, Madeline Taylor

Employee know-how, non-compete clauses and job mobility across civil and common law systems, William van Caenegem

Infringement of patents for new uses of known drugs: Lessons from recent cases, William van Caenegem


Judicial mediation and competition for clients and government funding among dispute resolution providers, John Wade

Teaching conflict management and dispute resolution courses in Australia, John Wade

Animals and Entertainment, Jackson Walkden-Brown

Altruism. Lights, camera, action!, Kim Weinert

Complementary and alternative medicine and medical law, Michael Weir

Legal implications for complementary medicine practitioners of the New South Wales Health Practioner Code of Conduct, Michael Weir

Complementary and alternative medicine and consumer law., Michael Weir, Jon Wardle, Brenda Marshall, and Eloise Archer

A narrative analysis of judicial attitudes towards sexual harassment in Japan, Leon Wolff

Litigiousness in Australia: Lessons from comparative law, Leon Wolff


An evaluation of the rules of conduct governing legal representatives in mediation: Challenges for rule drafters and a response to Jim Mason, Bobette Wolski

ARB-MED-ARB (And MSAs): A whole which is less than, not greater than, the sum of its parts?, Bobette Wolski

QCAT's hybrid hearing: The best of both worlds or compromised mediation?, Bobette Wolski

Understanding the client's perspective - overcoming the failure to communicate effectively, Bobette Wolski

Documents from 2012

Regulatory Failure and the Global Financial Crisis: An Australian Perspective, Mohamed Ariff, John H. Farrar, and Ahmed M. Khalid

Fairness awry? Reflections on the BCLI Report on proposals for unfair contracts relief, Rick Bigwood

Balancing competing interests in FDI policy - A developing country perspective, Laurence Boulle

Promoting rights through court-based ADR?, Laurence Boulle

Mediation: Skills and Techniques second edition, Laurence Boulle and Nadja Alexander

Does (property) diversity beget (landscape) sustainability?, Ann Brower and John Page

Should we stop the IMF from doing what it should not do? A radical idea, Ross Buckley

Teaching the natives: Teaching law in the 21st century, Laura-Leigh Cameron-Dow


Authors, copyright and the digital evolution, Francina Cantatore


Balancing consumer protection and commercial viability: The impact of the new hardship provisions in the NCCP Enhancements Act, Francina Cantatore


A step too far in consumer credit protection: Are external dispute resolution schemes wielding the Sword of Damocles?, Francina Cantatore and Brenda Marshall

Multinational corporate complicity, Eric Colvin and Jessie Chella

The mechanics of agreement making under the Fair Work Act 2009: Promoting good faith bargaining and genuine agreement, Amanda Coulthard

Covell and Lupton: Principles of Remedies, 5th edition, Wayne Covell, Keith Lupton, and Jay Forder

Service guarantees and consequential loss under the Australian Consumer Law: The illusion of uniformity, Joachim Dietrich

Unjust enrichment versus equitable principles in England and Australia, Joachim Dietrich

Early conceptions of the State in New Zealand, John H. Farrar

Improving the governance of financial institutions, John H. Farrar

The governance and regulation of complex comglomerates, John H. Farrar

Globalisation, the global financial crisis and the reinvention of the State, John H. Farrar and Louise Parsons


Criminal sentencing - The geographical lottery, David Field

Global textiles and clothing trade: Trade policy perspectives, Umair H. Ghori

Risky winds: Investing in wind energy projects in Pakistan, Umair H. Ghori


Winner or loser? A post-quota case study of Pakistan's textiles and clothing exports, Umair H. Ghori

Ensuring a fair trial for an accused in a digital era: Lessons for Australia, Elizabeth Greene and Jodie O'Leary

Identity crime: The challenges in the regulation of identity crime, Eric Holm

Responding to identity crime on the internet, Eric Holm