Civil Law (Books and Journals)

• Matthew Chapman
• Sarah Prager
• Jack Harding
• Dominique Smith
• Thomas Yarrow
• Henk Soede

• Nasreen Pearce

• Nasreen Pearce
• Richard Budworth

• Emily Allbon
• Ian Hunter
• Peter Clinch

• William Webster

• Christopher Jessel

• Lesley King
• Peter Gausden

• Safda Mahmood
• Julie Doughty

• Nigel Davis

• Richard Budworth
• Gillian Geddes

• Piers Harrison
• David Lonsdale

• Juan Damián Moreno

• Christopher Jessel

• Federal Law Review

Indian judges retire, but not into inactivity. Many pursue careers in government-appointed roles. Scaffolded around the concept of institutional corruption, this article interrogates the history, law and politics of the retirement careers of judges in India. Three questions take centre stage in this analysis: What types of careers do retired judges pursue? Why do they pursue them? How do judges’...

• Federal Law Review

Three decades ago, in Cole v Whitfield, the High Court of Australia opted for a discrimination-based standard with the argument that s 92 of the Australian Constitution targets solely protectionist measures. This article demonstrates, with the use of comparative law analysis, that, in contrast with this teleology, the High Court has built a lacunose definition of discrimination that is incapable...

• Federal Law Review

Each year approximately 60 registered health practitioners in Australia have their registration cancelled for reasons of serious misconduct or, less commonly, impairment or criminal conviction. Cancellation remains in force unless the practitioner successfully brings a later application to be restored to the register. While the decision to deregister takes place in a public tribunal process, with

• Federal Law Review

This article traces the manner in which the High Court’s recent legality jurisprudence has applied the ‘modern approach’ to interpretation in the context of fundamental rights. It is an approach which has exerted doctrinal pressure on the iconic and once authoritative conception of legality outlined in Coco v The Queen. Relevantly, the Court’s commitment to contextualism has extended to the...

• Federal Law Review

In resolving disputes, the High Court of Australia sometimes has cause to expound upon the relationship between the Australian State and Aboriginal and Torres Strait Islander peoples. This article examines overblown and disingenuous New Right criticism directed towards the High Court in the aftermath of judgments deemed favourable to Indigenous Australians. It finds two themes recur in these...

• Federal Law Review

The Australian Charities and Not-for-Profits Commission Act 2012 and Australian Charities and Not-for-Profits Commission Regulation 2013 have established a comprehensive regulatory framework for the charities and not-for-profit sector at a federal level. When making the Act and Regulation the Commonwealth relied upon several heads of legislative power in section 51 of the Constitution, the most...

• Federal Law Review

Each year approximately 60 registered health practitioners in Australia have their registration cancelled for reasons of serious misconduct or, less commonly, impairment or criminal conviction. Cancellation remains in force unless the practitioner successfully brings a later application to be restored to the register. While the decision to deregister takes place in a public tribunal process, with

• Federal Law Review

Indian judges retire, but not into inactivity. Many pursue careers in government-appointed roles. Scaffolded around the concept of institutional corruption, this article interrogates the history, law and politics of the retirement careers of judges in India. Three questions take centre stage in this analysis: What types of careers do retired judges pursue? Why do they pursue them? How do judges’...

• Federal Law Review

Three decades ago, in Cole v Whitfield, the High Court of Australia opted for a discrimination-based standard with the argument that s 92 of the Australian Constitution targets solely protectionist measures. This article demonstrates, with the use of comparative law analysis, that, in contrast with this teleology, the High Court has built a lacunose definition of discrimination that is incapable...

• Federal Law Review

This article traces the manner in which the High Court’s recent legality jurisprudence has applied the ‘modern approach’ to interpretation in the context of fundamental rights. It is an approach which has exerted doctrinal pressure on the iconic and once authoritative conception of legality outlined in Coco v The Queen. Relevantly, the Court’s commitment to contextualism has extended to the...

• Federal Law Review

In resolving disputes, the High Court of Australia sometimes has cause to expound upon the relationship between the Australian State and Aboriginal and Torres Strait Islander peoples. This article examines overblown and disingenuous New Right criticism directed towards the High Court in the aftermath of judgments deemed favourable to Indigenous Australians. It finds two themes recur in these...

• Federal Law Review

The Australian Charities and Not-for-Profits Commission Act 2012 and Australian Charities and Not-for-Profits Commission Regulation 2013 have established a comprehensive regulatory framework for the charities and not-for-profit sector at a federal level. When making the Act and Regulation the Commonwealth relied upon several heads of legislative power in section 51 of the Constitution, the most...

• Southampton Student Law Review

A ship is one of the core elements of the maritime industry. However, the international maritime industry and academia do not agree upon a single, universal definition of this term. International conventions like the UNCLOS are silent about this definition, while others give a very purposive definition incapable of universal application. Similarly, a study of the English jurisprudence related to...

• Southampton Student Law Review

Demurrage is liquidated damage stipulated in the voyage charterparty for compensating the shipowner if the charterer failed to complete cargo operation within the laytime. However, when the charterer's failing to load or discharge in time causes loss other than the detention, what damages demurrage can compensate is in dispute. In the case Eternal Bliss, 72 Andrew Baker J, the High Court judge,...

• Southampton Student Law Review

• Southampton Student Law Review

• Southampton Student Law Review

This article sets out the nature, history and convoluted structure of the crime of genocide, by providing a comprehensive analysis of how genocide has been defined within international law. The Nuremberg Trials demonstrated the need for a new international crime to comprehend the gravity of the acts perpetrated by the Nazi regime. However, the enactment of the Genocide Convention created tension...

• Southampton Student Law Review

• Southampton Student Law Review

• Southampton Student Law Review

International law is not bound by statutes, making it a fragmented legal framework rather than a unified code. It operates on the principle of state cooperation in upholding justice in good faith. This article aims to explore the judicial challenges that the ICC encounters in effectively deterring the Crime of Aggression, while also addressing broader structural limitations within the...

• Federal Law Review

This article provides the first comprehensive study of statutory definitions of ‘journalist’ and ‘journalism' in Australian law and proposes a preferred definition of journalist by reference to statutory aims, bedrock legal principles and broader scholarship. It begins with a review of existing literature on the meaning of ‘journalist' in the modern media landscape, before turning to Australian...

• Federal Law Review

This article demonstrates the pressing need to rethink the doctrine of separation of powers in Australia in light of the increasing influence of intergovernmental organisations such as the Financial Action Task Force (‘FATF’), which are shaping domestic lawmaking. The article documents the influence of the FATF on Australia’s anti-money laundering and counter-terrorism financing framework,...

• Federal Law Review

International organisations emphasise how Governments around the world must use the public procurement process to aid a global drive to eliminate human trafficking in their supply chains. In this significant and original contribution, the authors examine a leading procurement model, the Australian Commonwealth Procurement Rules (CPR), for the purpose of examining whether the CPR model satisfies...

• Federal Law Review

This article integrates doctrinal and empirical legal research methods to evaluate manifestations of discrimination experienced by pregnant workers and develops proposals to strengthen labour law to better support working women. The article commences by mapping the framework of rights and protections currently applicable to pregnant women under the Fair Work Act 2009 (Cth) (‘FW Act’). It then...

• Federal Law Review

Liberal democracies have struggled recently with protecting freedom of speech and assembly during the COVID-19 pandemic. This is an old, general problem in new, specific guise. In Australia, the Supreme Court of New South Wales has been exercising a statutory jurisdiction to ‘authorise’ or ‘prohibit’ proposed public assemblies for 40 years. This article offers the first sustained analysis of the...

• Federal Law Review

The National Security Legislation Amendment (Espionage and Foreign Interference) Act 2018 (Cth) introduced the first offences for acts of foreign interference in Australian history. Inter alia, the laws target activities sponsored by a foreign principal which seek to influence Australia’s democratic processes using coercive, deceptive and covert conduct. The Act’s offences address coercive and...

• Federal Law Review

The words ‘the people’ of the States and of the Commonwealth appear throughout the Constitution, yet they have received little judicial attention. It remains unclear who constitutes ‘the people’ and what rights or freedoms membership of ‘the people’ entails. This essay explores these uncertainties, suggesting that ‘the people’ have an implied constitutional freedom to enter and remain in...

• Federal Law Review

This article provides the first comprehensive study of statutory definitions of ‘journalist’ and ‘journalism' in Australian law and proposes a preferred definition of journalist by reference to statutory aims, bedrock legal principles and broader scholarship. It begins with a review of existing literature on the meaning of ‘journalist' in the modern media landscape, before turning to Australian...

• Federal Law Review

This article demonstrates the pressing need to rethink the doctrine of separation of powers in Australia in light of the increasing influence of intergovernmental organisations such as the Financial Action Task Force (‘FATF’), which are shaping domestic lawmaking. The article documents the influence of the FATF on Australia’s anti-money laundering and counter-terrorism financing framework,...

• Federal Law Review

Liberal democracies have struggled recently with protecting freedom of speech and assembly during the COVID-19 pandemic. This is an old, general problem in new, specific guise. In Australia, the Supreme Court of New South Wales has been exercising a statutory jurisdiction to ‘authorise’ or ‘prohibit’ proposed public assemblies for 40 years. This article offers the first sustained analysis of the...