Scholarly publications and presentations by staff from the Law Faculty.


Documents from 2012

Yours, mine, and ours: Franchising as a means of enhancing the value of intellectual capital for third sector organisations, Elizabeth Crawford Spencer

Media useage and public confidence in sentencing in Australia: A national study, Caroline Spiranovic, Kate Warner, and Geraldine Mackenzie


The use of role play in enhancing student learning, Lindsey Stevenson-Graf

Testimonial privilege: Van Der Heijden v The Netherlands, Lee Stuesser

Celebrating 20 years of WWW - A reflection on the concept of jurisdiction, Dan Svantesson

Data protection in cloud computing - The Swedish perspective, Dan Svantesson

Online workplace surveillance - the view from down under, Dan Svantesson

Systematic government access to private-sector data in Australia, Dan Svantesson

Time for the Law to take internet geolocation technologies seriously, Dan Svantesson

Private International Law and the Internet, 2nd edition, Dan J B Svantesson

Svantesson on the Law of Obligations, 3rd edition, Dan J B Svantesson


Evaluative and directive mediation: All mediators give advice, John Wade


Family property reform in British Columbia— the rule of discretion and the discretion of rules, John Wade


The edges of orthodoxy in mediation - You did what?, John Wade


The perils of prenuptial financial agreements in Australia: Effectiveness and professional negligence, John Wade

Is there a perfect environment for a villain and villainess to thrive?, Kim Weinert

Land access perspectives in unconventional gas: Where is the balance?, Michael Weir

Westfield 5 years on, Michael Weir

Property rights and seam gas extraction: The modern property law conundrum, Michael Weir and Tina Hunter

Complementary medicine, Michael M. Weir

The liberalization of the regulatory structure of complementary and alternative medicine: Implications for consumers and professions, Michael M. Weir

Law as lore, Leon Wolff


Should Law look East?, Leon Wolff

The pioneering use of narrative methodology in a first-year law course to provide an authentic, inquiry-based entry into the discipline of law, Leon Wolff

Does law have a heart? A comparison of Australian and Japanese law in post-disaster recovery, Leon Wolff and Kylie Fletcher

The 'new' limitations of Fisher and Ury's model of interest-based negotiation: Not necessarily the ethical alternative, Bobette Wolski

The truth about honesty and candour in mediation: What the tribunal left unsaid in Mullins' case, Bobette Wolski

Using dispute systems design to identify, explain and predict trends in the settlement of international commercial disputes: The UNCITRAL and ICC ADR initiatives, Bobette Wolski

Documents from 2011

Einführung in das australische Recht: Mit neuseeländischem Recht (Introduction to Australian law - with New Zealand law), Wolfgang Babeck

Circumscribing election: Reflections on the taxonomization and mental componentry of the affirmation of a contract by election, Rick Bigwood


Ill-gotten contracts in New Zealand: Parting thoughts on duress, undue influence and unconscionable dealing - Kiwi-style?, Rick Bigwood

Lapse of offers due to changed circumstances: a contract conversion, Rick Bigwood and David McLauchlan

Introduction: Governance in a globalisation era, Laurence Boulle

Preliminary themes, Laurence Boulle

Property rights across sustainable landscapes: competing claims, collapsing dichotomies, and the future of property, Ann Brower and John Page


Avoiding the pitfalls: Advertising in a competitive market, Francina Cantatore


Dangerous sports and obvious risks - Anyone for cricket?, Jim Corkery

Liability for personal injuries from recreational services and the new Australian Consumer Law: Uniformity and simplification, or still a mess?, Joachim Dietrich

The Third Restatement of Restitution, the role of unjust enrichment and Australian Law, Joachim Dietrich


Director's duties of care - Issues of classification, solvency and business judgment and the dangers of legal transplants, John H. Farrar


Fighting identity crime, John H. Farrar

Self-dealing, fair dealing and related party transactions - History, policy and reform, John H. Farrar and Susan Watson


Crime fighters and border guards: The Scottish law officers in comparative perspective, Iain Field

Judicial mediation, the judicial process and Ch III of the Constitution, Iain Field

Perspectives on the Roles and Functions of Attorneys-General and Solicitors-General, Iain Field and Patrick Keyzer

Clickwrap agreements, signed documents and the objective test for contract formation, Jay Forder

Anticipating the future use of safeguards by the EU and the US on China's textiles & clothing exports, Umair H. Ghori


Attorney-General of Pakistan - A brief overview, Umair H. Ghori


Reactive and pre-emptive use of anti-dumping measures in the post-quota textiles & clothing trade, Umair H. Ghori


The Solicitor-General in context: A tri-jurisdictional study, Chris Goff-Gray


Concussion policies of the National Football League: Revisiting the 'Sport Administrator's Charter' and the role of the Australian Football League and National Rugby League in concussion management, Annette Greenhow


Sharpening the blue pencil in Australian Consumer Law: The striking out of unfair contract terms in land transactions, Annette Greenhow


Unfair contract terms and land transactions, Annette Greenhow

Cross-border online consumer dispute resolution, Mary Hiscock


Australian offshore petroleum regulation after the Varanus Island explosion and the Montara blowout – Drowning in a sea of federalism?, Tina Hunter


Better coal seam gas regulation needed to keep Australia safe, Tina Hunter

Concepts and overview, Tina Hunter


Food or fuel: How will governments solve the coal seam gas dilemma?, Tina Hunter

Introduction, Tina Hunter


National water commission calls for closer look at fracking, Tina Hunter


Regulation of shale, coal seam and tight gas activities in Western Australia: An analysis of the capacity of the Petroleum and Geothermal Act 1967 (WA) to regulate onshore gas activities in Western Australia, Tina Hunter

Sustainable socio-economic extraction of Australian offshore petroleum resources through legal regulation: Is it possible?, Tina Hunter


The Energy Charter Treaty as a means of developing national industry and commerce in the exploitation of petroleum resources: An analysis of the application of Articles 5, 10 and 22 of the Energy Charter Treaty, Tina Hunter

Conflict of laws, Tina Hunter and Amir Kordvani

Offshore petroleum facility integrity in Australia and the United Kingdom: A comparative study of two countries utilising the safety case regime, Tina Hunter and John Paterson


Institutional dichotomies: The Solicitor-General in Sri Lanka, Danielle Ireland-Piper


Making multi-disciplinary teaching work: A reflective analysis of teaching legal content to multi-disciplinary learners, Danielle Ireland-Piper

The long arm of the law: Conceptual frameworks for analyzing exercises of jurisdiction, Danielle Ireland-Piper

The international human rights parameters for the preventive detention of serious sex offenders, Patrick Keyzer

Using 'deeper' case method to introduce legal theory and context, Patrick Keyzer

Constitutional Law, Patrick Keyzer and Peter Hanks

FDR using a multigenerational approach: The role of grandparents - entitlement or privilege?, Linda Kochanski and Mieke Brandon

Why Ghana should implement certain international legal instruments relating to international sale of goods transactions, Emmanuel Laryea

Improving the governance of superannuation funds in Australia, Kenneth Levy and John H. Farrar

The social, moral and ethical issues raised by nanotechnology in the field of medicine, Michael Lupton

Talent management in Law Firms- Evolution, revelation, revolution or business as usual?, Susan Manch and Terri Mottershead

Are advance pricing agreements the transfer pricing controversy management tool of the future?, Michelle Markham

Dangerous People: Policy, Prediction and Practice, Bernadette McSherry and Patrick Keyzer

Trade liberalisation in Asia: Why intra-Asian free trade agreements are not utilised by the business community, Bryan Mercurio

Education in the field: a case study of experiential learning in international law, Andrew D. Mitchell, Bruce Oswald, Tania Voon, and Wendy Larcombe

David's sling: Cross-agreement retaliation in international trade disputes, Andrew D. Mitchell and Constantine Salonidis


Regulating tobacco flavours: Implications of WTO law, Andrew D. Mitchell and Tania Voon

Pacific countries in the WTO: Accession and accommodation, the reality of WTO accession, Andrew D. Mitchell and Joanne Wallis

Boxed in? Australia's plain tobacco packaging initiative and international investment law, Andrew D. Mitchell and Sebastian M. Wurzberger


Inspiring or undermining confidence? Amendments to the right to judge alone trials in the ACT, Jodie O'Leary


Twelve angry peers or one angry judge: An analysis of judge alone trials in Australia, Jodie O'Leary

Ong on equity, Denis S. K. Ong

A proposal for the improvement of mental health service delivery to barrators, contemnors and the courts that have to deal with them, Suzanne O'Toole

Reconceptualising property: Towards a sustainable paradigm for property, John Page


Medical merchants: Conflict of interest, office product sales and notifiable conduct, Malcolm H. Parker, Jon L. Wardle, Michael Weir, and Cameron L. Stewart


Oils ain't oils: Product labelling, palm oil and the WTO, Elizabeth Sheargold and Andrew D. Mitchell

Introduction, Elizabeth Crawford Spencer

Potential enhancements for business performance through franchising: The case of coffee in Vietnam, Elizabeth Crawford Spencer

Relational rights and responsibilities: Perspectives on contractual arrangements in franchising, Elizabeth Crawford Spencer

Public preferences for sentencing purposes: What difference does offender age, criminal history and offence type make?, Caroline Spiranovic, Lynne D. Roberts, David Indermaur, Kate Warner, Karen Gelb, and Geraldine MacKenzie

The 'Institutional' integrity principle: Where are we now and where are we headed?, Chris Steytler and Iain Field

Integrating skills into the study of law, Lee Stuesser

Special Witnesses, Lee Stuesser

Written Submissions, Lee Stuesser

A call for judicial activism: Rapid technological developments and slow legal developments, Dan J B Svantesson