Scholarly publications and presentations by staff from the Law Faculty.

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Documents from 2013

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

Documents from 2012

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

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Authors, copyright and the digital evolution, 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

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

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

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

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

The role of the regulatory framework in encouraging the sustainable extraction of petroleum resources in Australia and Norway, Tina Hunter

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Abuse of process in cross-border cases: Moti v The Queen, Danielle Ireland-Piper

Constitutionalised racism: Why Australia needs its own Section 6, Danielle Ireland-Piper

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

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Extraterritorial criminal jurisdiction: Does the long arm of the law undermine the rule of law?, Danielle Ireland-Piper

Procedural deficiences in the prosecution of nationals for conduct occurring extraterritoriality, Danielle Ireland-Piper

Related party transactions in New Zealand: An empirical study of a flawed system, Duncan C. Jessop, John H. Farrar, and Susan Watson

Battling in a virtual world: A proposal for increased copyright protection of multimedia products in Australia, Tammy Johnson

Lectures on takeover law, John Lessing

Improving accountability in the Solomon Islands: A review of Auditor-General enabling legislation, Kenneth Levy and Colin Clark

Clean energy law in Australia, Damien Lockie

Before competition and beyond complacency - The internationalisation of legal education in Australia, Vai Io Lo

Sentencing and public confidence: Results from a national Australian survey on public opinions towards sentencing, Geraldine Mackenzie, Caroline Spiranovic, Kate Warner, Nigel Stobbs, David Indermaur, Lynne D. Roberts, Rod Broadhurst, Thierry Bouhours, and Karen Gelb

Advance pricing agreements: Past, present and future, Michelle Markham

Advance pricing arrangement reform in Australia: Was it worth the wait?, Michelle Markham

Exploring juvenile fitness for trial in Queensland, Jodie O'Leary, Suzanne O'Toole, and Bruce Watt

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Exploring juvenile fitness for trial in Queensland, Jodie O'Leary, Suzanne O'Toole, and Bruce Watt

Trusts law in Australia, Denis Ong

A matter of judgement: The effect of information and deliberation on public attitudes to punishment, Lynne Roberts, Caroline Spiranovic, David Indermaur, Geraldine Mackenzie, and Karen Gelb

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

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

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

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

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

Westfield 5 years on, Michael Weir

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

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

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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

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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

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

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Fighting identity crime, John H. Farrar

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

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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

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

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

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

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

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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

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

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Unfair contract terms and land transactions, Annette Greenhow

Cross-border online consumer dispute resolution, Mary Hiscock

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

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

Concepts and overview, Tina Hunter

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

Introduction, Tina Hunter

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

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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

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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

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

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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

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

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

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

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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

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

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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

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