Scholarship for the Legal Community

Civil procedure

Recurring Issues in Civil Appeals – Part 2 (Opens in a new tab/window)

Thomas Prince, (2022) 96 Australian Law Journal 273

Contracts

Purposive contract interpretation and the High Court (Opens in a new tab/window)

Ryan Catterwell, (2020) 49 Australian Bar Review 54

The Contractual Impact of COVID-19 on Corporate and Financial Transactions (Opens in a new tab/window)

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

The Challenges of Navigating the COVID-19 Pandemic for Australia's Franchise Sector (Opens in a new tab/window)

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

Chains, Coins and Contract Law: The Validity and Enforceability of Smart Contracts (Opens in a new tab/window)

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

Re-Examining the Relationship between Mutual Promises in Contract Law (Opens in a new tab/window)

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

Statutory interpretation

An Institutional Justification for the Principle of Legality (Opens in a new tab/window)

Lisa Burton Crawford, (2022) 45(2) Melbourne University Law Review (advance)

Tort law

Statute and Theories of Vicarious Liability (Opens in a new tab/window)

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

The Evolution from Strict Liability to Negligence: Implications for the Tort of Private Nuisance (Opens in a new tab/window)

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

An Empirical Study of Exemplary Damages in Australia (Opens in a new tab/window)

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

Medical Intervention as a Novus Actus Interveniens: Giving Meaning to the Concept of Gross Clinical Negligence: Introduction (Opens in a new tab/window)

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

Compensatory damages and the role of ‘loss’ in actions for tort and breach of contract (Opens in a new tab/window)

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

Sentencing

Indigenous over-incarceration and individualised justice in light of Bugmy v The Queen (Law Library login required) (Opens in a new tab/window)

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

An Ancient Remedy for Modern Ills: The Prerogative of Mercy and Mandatory Sentencing (Opens in a new tab/window)

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

The Devil You Know Is Not Better – The Non-Consensual Distribution of Intimate Images and Sentencing (Opens in a new tab/window)

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

Offenders Risking Deportation Deserve a Sentencing Discount but the Reduction Should Be Provisional (Opens in a new tab/window)

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

When is a sentence manifestly excessive? (Opens in a new tab/window)

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

A Rational Approach to Victim Vulnerability in Sentencing (Opens in a new tab/window)

Mirko Bagaric, (2022) 96 Australian Law Journal 237

Evidence

Injustice Arising from the Unnoticed Power of Priming: How Lawyers and Even Judges can be Misled by Unreliable Transcripts of Indistinct Forensic Audio (Opens in a new tab/window)

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

Facial Recognition and Image Comparison Evidence: Identification by Investigators, Familiars, Experts, Super-Recognisers and Algorithms (Opens in a new tab/window)

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

Respects of Character (Opens in a new tab/window)

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

Regulating Forensic Science and Medicine Evidence at Trial: It's Time for a Wall, a Gate and Some Gatekeeping (Opens in a new tab/window)

Gary Edmond, (2020) 94 Australian Law Journal 427

Myths, Misconceptions and Mixed Messages: An Early Look at the New Tendency and Coincidence Evidence Provisions (Opens in a new tab/window)

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

The Prejudices of Expert Evidence (Opens in a new tab/window)

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

Equity, trusts and estates

Reconceptualising Fiduciary Regulation in Actual Conflicts (Opens in a new tab/window)

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

The Requirement of Property or Possessory Rights for Relief against Forfeiture (Opens in a new tab/window)

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

Unjust Enrichment in Australia: What Is(n't) It? Implications for Legal Reasoning and Practice (Opens in a new tab/window)

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

Cryptocurrency and Interim Court Relief: Chen v Blockchain Global Ltd, CLM v CLN and Fetch.ai Ltd v Binance: I. Introduction (Opens in a new tab/window)

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

A common law vindicatio? Property rights as an independent basis for restitution (Opens in a new tab/window)

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

Private Law, Conscience and Moral Reasoning: The Role of the Judge (Opens in a new tab/window)

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

Fiduciary Duties of Representative Parties: Conflicting Case Law and Conflicting Interests (Opens in a new tab/window)

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

Rebutting the presumption of intentional revocation of a Will by destruction: An examination of electronically signed and remotely witnessed Wills (Opens in a new tab/window)

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

Public law (including human rights)

What Makes an Administrative Decision Unreasonable? (Opens in a new tab/window)

Hasan Dindjer, (2021) 84(2) Modern Law Review 265

Richardson v Oracle more than half a decade on: Did the ‘ground break’ for victim compensation? (Opens in a new tab/window)

Joshua Taylor, (2022) 47(1) Alternative Law Journal 36

Indigenous legal issues

Te Ao Mārama – a vision for the District Court of New Zealand (Opens in a new tab/window)

Judge Heemi Taumaunu, (2022) 96 Australian Law Journal 94 

Why scholarship matters

The Academy and The Courts: What Do They Mean To Each Other Today? (Opens in a new tab/window)

Kiefel CJ, (Speech, Australian Academy of Law Patrons, Brisbane, 31 October 2019)

Judges and Academics, and the Endless Road to Unattainable Perfection (Opens in a new tab/window)

Lord Burrows (Lionel Cohen Lecture, Law Faculty of the Hebrew University of Jerusalem, 25 October 2021)

What is the Role of a legal academic? a Response to Lord Burrows (Opens in a new tab/window)

Geoffrey Samuel, (2022) 2(3)(2) Amicus Curiae 305

Taking Judging and Judges Seriously: Facts, Framework and Function in Australian Constitutional Law (Opens in a new tab/window)

Justice Gordon, Lucinda Lecture, Monash University, Melbourne, 2 August 2022