Scholarship for the Legal Community

Contracts

Purposive contract interpretation and the High Court

Ryan Catterwell, (2020) 49 Australian Bar Review 54

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The Contractual Impact of COVID-19 on Corporate and Financial Transactions

Andrew Godwin, (2020) 48 Australian Business Law Review 116

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The Challenges of Navigating the COVID-19 Pandemic for Australia's Franchise Sector

Jenny Buchan and Rob Nicholls, (2020) 48 Australian Business Law Review 126

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Chains, Coins and Contract Law: The Validity and Enforceability of Smart Contracts

Buwaneka Arachchi, (2020) 47 Australian Business Law Review 40

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Re-Examining the Relationship between Mutual Promises in Contract Law

Nuwan Dias, (2022) 46(1) Melbourne University Law Review (advance).

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Tort law

Statute and Theories of Vicarious Liability

Joachim Dietrich and Iain Field, (2020) 43(2) Melbourne University Law Review 515

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The Evolution from Strict Liability to Negligence: Implications for the Tort of Private Nuisance

Anthony Gray, (2020) 94(9) Australian Law Journal 699

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An Empirical Study of Exemplary Damages in Australia

Felicity Maher, (2020) 43(2) Melbourne University Law Review 694

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Medical Intervention as a Novus Actus Interveniens: Giving Meaning to the Concept of Gross Clinical Negligence: Introduction

Louis Baigent, (2022) 29(4) Journal of Law and Medicine 1201

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Compensatory damages and the role of ‘loss’ in actions for tort and breach of contract

Cameron J Charnley, (2022) 51 Australian Bar Review 320

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Sentencing

Indigenous over-incarceration and individualised justice in light of Bugmy v The Queen (Law Library login required)

Guy C Charlton, (2021) 50 Australian Bar Review 427

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An Ancient Remedy for Modern Ills: The Prerogative of Mercy and Mandatory Sentencing

Julian R Murphy et al, (2020) 46(3) Monash University Law Review 252

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The Devil You Know Is Not Better – The Non-Consensual Distribution of Intimate Images and Sentencing

Marilyn Bromberg, (2020) 44(3) Criminal Law Journal 173

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Offenders Risking Deportation Deserve a Sentencing Discount but the Reduction Should Be Provisional

Mirko Bagaric, Theo Alexander, and Brienna Bagaric (2020), 43(2) Melbourne University Law Review 423

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When is a sentence manifestly excessive?

Paul McGorrery and Matthew Weatherson, (2022) 47(4) Alternative Law Journal 261–265

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A Rational Approach to Victim Vulnerability in Sentencing

Mirko Bagaric, (2022) 96 Australian Law Journal 237

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Evidence

Injustice Arising from the Unnoticed Power of Priming: How Lawyers and Even Judges can be Misled by Unreliable Transcripts of Indistinct Forensic Audio

Helen Fraser and Yuko Kinoshita, (2021) 45(3) Criminal Law Journal 142

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Facial Recognition and Image Comparison Evidence: Identification by Investigators, Familiars, Experts, Super-Recognisers and Algorithms

Gary Edmond et al, (2021) 45(1) Melbourne University Law Review

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Respects of Character

Greg Taylor, (2020) 44(1) Criminal Law Journal 32

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Regulating Forensic Science and Medicine Evidence at Trial: It's Time for a Wall, a Gate and Some Gatekeeping

Gary Edmond, (2020) 94 Australian Law Journal 427

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Myths, Misconceptions and Mixed Messages: An Early Look at the New Tendency and Coincidence Evidence Provisions

David Hamer, (2021), 45 Criminal Law Journal 232

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The Prejudices of Expert Evidence

Jason M Chin, Hayley J Cullen and Beth Clarke, (2022) 48(2) Monash University Law Review 59

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Equity, trusts and estates

Reconceptualising Fiduciary Regulation in Actual Conflicts

Man Yip and Kelvin FK Low, (2021) 45(1) Melbourne University Law Review

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The Requirement of Property or Possessory Rights for Relief against Forfeiture

Fabian Di Lizia, (2021) 95 Australian Law Journal 641

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Unjust Enrichment in Australia: What Is(n't) It? Implications for Legal Reasoning and Practice

Kit Barker, (2020) 43(3) Melbourne University Law Review 903

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Cryptocurrency and Interim Court Relief: Chen v Blockchain Global Ltd, CLM v CLN and Fetch.ai Ltd v Binance: I. Introduction

Albert Monichino, (2022) 50 Australian Business Law Review 205

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A common law vindicatio? Property rights as an independent basis for restitution

Rachael Short, (2022) 51(2) Australian Bar Review 264

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Private Law, Conscience and Moral Reasoning: The Role of the Judge

Justice Chris Maxwell and Matthew Harding, (2022) 46(1) Melbourne University Law Review (advance)

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Fiduciary Duties of Representative Parties: Conflicting Case Law and Conflicting Interests

Daniel Meyerowitz-Katz, (2022) 96 Australian Law Journal 185

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Rebutting the presumption of intentional revocation of a Will by destruction: An examination of electronically signed and remotely witnessed Wills

Christie Gardiner and Lee Aitken, (2022) 51 Australian Bar Review 70 

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