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Scholarship for the Legal Community
Welcome to Scholarship for the Legal Community - a curated selection of recent and salient academic research with a Victorian audience in mind. You can access article summaries at Scholarship for the Legal Community | Judicial College Victoria
Jump to: | Civil procedure | Statutory interpretation | Contracts | Tort Law | Corporations Act and ASIC Act | Sentencing | Evidence | Equity, Trusts, and Estates | Public Law | Consumer and Competition Law | Indigenous Legal Issues | Why scholarship matters | Family Law | Archived content
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Scholarship for the legal community (Public and LP)
Civil procedure
Read summaries of these articles on the Judicial College of Victoria's website
Thomas Prince, 'Recurring Issues in Civil Appeals – Part 2' (2022) 96 Australian Law Journal 273
Statutory interpretation
Read summaries of these articles on the Judicial College of Victoria's website
Lisa Burton Crawford, 'An Institutional Justification for the Principle of Legality' (2022) 45(2) Melbourne University Law Review (advance)
Contracts
Read summaries of these articles on the Judicial College of Victoria's website
Nuwan Dias, 'Re-Examining the Relationship between Mutual Promises in Contract Law' (2022) 46(1) Melbourne University Law Review (advance)
Tort Law
Read summaries of these articles on the Judicial College of Victoria's website
Cameron J Charnley, 'Compensatory damages and the role of ‘loss’ in actions for tort and breach of contract' (2022) 51 Australian Bar Review 320
Corporations Act and ASIC Act
Read summaries of these articles on the Judicial College of Victoria's website
Ian Ramsay and Miranda Webster, 'An analysis of the use of stepping stones liability against company directors and officers' (2021) 50 Australian Bar Review 168
Sentencing
Read summaries of these articles on the Judicial College of Victoria's website
Guy C Charlton, ‘Indigenous over-incarceration and individualised justice in light of Bugmy v The Queen’, (2021) 50 Australian Bar Review 427
Mirko Bagaric, 'A Rational Approach to Victim Vulnerability in Sentencing' (2022) 96 Australian Law Journal 237
Paul McGorrery and Matthew Weatherson, ‘When is a sentence manifestly excessive?’ (2022) 47(4) Alternative Law Review 261–265 (NEW)
Evidence
Read summaries of these articles on the Judicial College of Victoria's website
Helen Fraser and Yuko Kinoshita, 'Injustice Arising from the Unnoticed Power of Priming: How Lawyers and Even Judges can be Misled by Unreliable Transcripts of Indistinct Forensic Audio' (2021) 45(3) Criminal Law Journal 142
David Hamer, ‘Myths, Misconceptions and Mixed Messages: An Early Look at the New Tendency and Coincidence Evidence Provisions’ (2021) 45 Criminal Law Journal 232.
Equity, Trusts and Estates
Read summaries of these articles on the Judicial College of Victoria's website
Christie Gardiner and Lee Aitken, ‘Rebutting the presumption of intentional revocation of a Will by destruction: An examination of electronically signed and remotely witnessed Wills’ (2022) 51 Australian Bar Review 70
Daniel Meyerowitz-Katz, 'Fiduciary Duties of Representative Parties: Conflicting Case Law and Conflicting Interests' (2022) 96 Australian Law Journal 185
Justice Chris Maxwell and Matthew Harding, 'Private Law, Conscience and Moral Reasoning: The Role of the Judge' (2022) 46(1) Melbourne University Law Review (advance)
Rachael Short, 'A common law vindicatio? Property rights as an independent basis for restitution', (2022) 51(2) Australian Bar Review 264
Public Law (including human rights)
Read summaries of these articles on the Judicial College of Victoria's website
Hasan Dindjer, 'What Makes an Administrative Decision Unreasonable?' (2021) 84(2) Modern Law Review 265
Joshua Taylor, 'Richardson v Oracle more than half a decade on: Did the ‘ground break’ for victim compensation?' (2022) 47(1) Alternative Law Journal 36
Consumer and Competition Law
Read summaries of these articles on the Judicial College of Victoria's website
Philip H Clarke, ‘Unconscionable conduct under the Australian Consumer Law: Clarification and Contention’ (2021) 49 Australian Business Law Review 180
Katharine Kemp, ‘Causation in Misuse of Market Power Claims under the Competition and Consumer Act 2010 (Cth)’ (2022) 49(4) Australian Business Law Review 208.
Indigenous Legal Issues
Read summaries of these articles on the Judicial College of Victoria's website
Judge Heemi Taumaunu, ‘Te Ao Mārama – a vision for the District Court of New Zealand’ (2022) 96 Australian Law Journal 94
Why scholarship matters
Read summaries of these articles on the Judicial College of Victoria's website
Lord Burrows, 'Judges and Academics, and the Endless Road to Unattainable Perfection', Lionel Cohen Lecture, Law Faculty of the Hebrew University of Jerusalem, 25 October 2021
Geoffrey Samuel, 'What is the Role of a legal academic? a Response to Lord Burrows' (2022) 2(3)(2) Amicus Curiae 305
Kiefel CJ, 'The Academy and The Courts: What Do They Mean To Each Other Today?', Speech, Australian Academy of Law Patrons, Brisbane, 31 October 2019
Justice Gordon, 'Taking Judging and Judges Seriously: Facts, Framework and Function in Australian Constitutional Law', Lucinda Lecture, Monash University, Melbourne, 2 August 2022
Family Law
Patricia Easteal and Emma Roff, ‘Engaging with the Victims' Reality of Domestic Violence: A Discourse Analysis of Judicial Understanding in Survivor-Perpetrated Homicides’ (2021) 47(1) Monash University Law Review 252 (NEW)
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