TC Beirne School of Law - University of Queensland

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TC Beirne School of Law - University of Queensland

TC BEIRNE SCHOOL

OF LAW

BIENNIAL REPORT 2008-2009


CONTRIBUTORS

EXECUTIVE EDITORS

Professor Ross Grantham

Head of School and Dean of Law

Ms Barbara Thorsen

Executive Officer

EDITOR

Ms Lynda Flower

Marketing Manager

DESIGN

Ms Teola Marsh

Material used in this report was sourced from

publications written by staff from The University of

Queensland’s TC Beirne School of Law, Office of

Marketing and Communications and Faculty of Business

Economics and Law.

Level 3, Forgan Smith Building

The University of Queensland

Brisbane Qld 4072 Australia

Phone +61 7 3365 2206

Fax +61 7 3365 1454

Email tcblaw@law.uq.edu.au

Web www.law.uq.edu.au

CRICOS Provider Number 00025B

We hope you enjoy this TC Beirne School of Law

Biennial Report for 2008 and 2009.

You can also read this publication online at

www.law.uq.edu.au/biennial-report


Dean’s Report 2

About the TC Beirne School of Law





Our Mission 4

Our Vision 4

Our Objectives and Strategies 4

Our Heritage and History 5

Teaching and Learning











Overview 6

2008 and 2009 Highlights 6

Teaching Awards 6

Teaching and Learning Showcase 8

Undergraduate and Postgraduate Programs 11

Textbooks Written by School Staff 2008-2009 12

Student Successes 13

– Rhodes Scholarships 13

2008 and 2009 Moot Victories 16

Student Representation 17

Future Plans 17

Research











Overview 18

2008 and 2009 Highlights 18

Research Strengths and Centres 18

Research Showcase 20

Distinguished Visiting Fellows 25

School Publications 26

Research Seminar Series 27

Research Funding 30

Research Higher Degree Program 32

Future Plans 33

CONTENTS

Engagement

– Overview 34

– 2008 and 2009 Highlights 34

– Public Lectures 34

– Richard Cooper Memorial Lecture 34

– McPherson Lecture Series 35

– UQ Law Mentor Program 36

– Engagement Showcase 36

– Sponsorship 41

– Staff Membership of Professional Bodies 41

– Educational Engagement 42

– Alumni 43

– Future Plans 43

TC Beirne School of Law Team

– Appointments 44

– Staff Promotions 45

– Academic Staff 45

– Adjunct Professors 50

– Honorary Professors 50

School Professional Staff 51

– Team Photograph 51

Appendix

– Staff Publications 2008-2009 53

Copies of this report are also available online at

www.law.uq.edu.au/biennial-report

Forgan Smith Building, St Lucia

TC Beirne School of Law Biennial Report 2008-2009 | Page


DEAN’S REPORT

The past two years have represented a period of substantial growth and

notable achievements for the TC Beirne School of Law.

We embarked upon on a formal strategic

planning exercise within the School

in 2008 and undertook an extensive

consultation process, both formal and

informal, which allowed us to take the

views of all our stakeholders, both internal

and external, into account. This process

guided the formulation of our vision of

what this Law School is about and where

it is going, a vision that is shared by all of

those involved - the School and its staff,

the University, and the profession.

I am pleased to report that there were

many significant developments in 2008

and 2009 which not only enhanced our

vision for the School but also fulfilled a

number of long-term strategic objectives

and consolidated our position as one of

the top law schools in Australia.

Page 2 | TC Beirne School of Law Biennial Report 2008-2009

Teaching and Learning

The School has a long and proud tradition

of being Queensland’s leading law

school. In 2008 and 2009 over 60% of

Queensland Year 12 students with OP

scores of 1 - 3 seeking to enter law chose

the TC Beirne School of Law. Once they

enter the School, these students continue

to perform at the very highest levels.





Students from the TC Beirne School

of Law have received 10 Queensland

Rhodes Scholarships since 2003.

In 2008 the honour went to Anna

Kloeden (with Robert Mullins also

being awarded an Australian-at-

Large Rhodes Scholarship) and in

2009 to Caitlin Goss.

Our students regularly win University

Medals which are awarded for

outstanding academic merit.

TC Beirne mooting teams continue to

dominate national and international

mooting competitions.

Employer demand for TC Beirne

graduates continues to be extremely

strong with the employment rate of

our graduates being far higher than

any other law school in Queensland.

The quality of the students of the School

is matched only by the quality of the

teachers. Over the years, our staff have

been nominated for, and have also won,

numerous national teaching awards and

prizes. In 2008, Drs Craig Forrest and

Clare Cappa both won UQ Citations

for Teaching Excellence. In 2009 Mrs

Margaret Stephenson won the inaugural

Staff Award in the UQ Vice-Chancellor’s

Awards for Internationalisation and also

received a UQ Citation for Outstanding

Contribution to Student Learning.

Research

The School has a reputation as a centre

of research excellence that conducts

and disseminates leading-edge research

across a diverse range of legal fields. The

capacity of the School now rivals that of

any other leading Australian law school

and in particular fields is second to none. I

am pleased to report that 2008 and 2009

have been years of outstanding success

for the School and its research staff.



External research grant applications

have almost doubled over the past

two years, leading to significant

achievements. Large Australian

Research Council grants were

awarded to Professor Brad Sherman

and Dr David Morrison; Associate

Professor Heather Douglas (with

Associate Professor Nic Lintzeris

from the Sydney Medical School) was

awarded a grant from the National

Drug Law Enforcement Research

Fund; and the Fulbright Foundation

made an award to Associate

Professor Robert Burrell and Ms

Kimberlee Weatherall.

Associate Professor Andreas

Schloenhardt (2008) and Dr

David Morrison (2009) received a

prestigious UQ Research Excellence

Award – few of which are made

outside of the sciences.

Overall, the research performance of the

Law School has gone ahead in leaps and

bounds. In the last four years, our research

productivity has increased by over 40%.

This is quite an achievement in the face of

falling government funding and increasing

teaching loads.


Engagement

In addition to a highly successful program

of public lectures, seminars and alumni

events, 2008 and 2009 also saw the

initiation of two projects that we hope will

directly benefit the wider community.



The UQ Pro Bono Centre was

formally established to further the

School’s pro bono activities. The

Centre, of which the Chief Justice

of Queensland, the Hon Paul de

Jersey AC, generously agreed to be

Patron, facilitates an expansion of

the School’s Clinical Legal Education

(CLE) program. The Centre is run

in co-operation with Queensland

Public Interest Law Clearing House

(QPILCH) and the Caxton Legal

Centre. The CLE program won the

UQ Vice-Chancellor’s Equity and

Diversity Award in 2008.

In 2009 the School established a

seminar series in partnership with

the Queensland Bar Association.

This exciting development provided

an important forum for debate

and a sharing of the different but

complimentary expertise of the

profession and academia. Seminars

were delivered by leading members

of the Bar, the judiciary and the

School.

The TC Beirne School of Law can be

justifiably proud of its achievements over

the past two years and I hope you enjoy

reading about them in the following pages.

Professor Ross Grantham

Dean of Law and Head of School

Professor Ross Grantham

DEAN’S REPORT

TC Beirne School of Law Biennial Report 2008-2009 | Page


ABOUT THE SCHOOL

Our Mission

The TC Beirne School of Law is a

forward-looking and innovative School

dedicated to excellence in the creation

and dissemination of legal knowledge,

the education of outstanding, socially

responsible lawyers who will serve

as leaders in their fields, and the

improvement of the law and legal

institutions through research, teaching,

and engagement with our national and

international communities.

Page | TC Beirne School of Law Biennial Report 2008-2009

Our Vision

Our Vision for the TC Beirne School

of Law is one of a law school whose

mission, focus, and culture are

distinguished by four features:





Educators who employ a highly

engaged teaching style that

challenges and stimulates students

and develops in those students a

comprehensive understanding of

the law as a whole which, in turn, is

underpinned by outstanding skills

in critical reasoning and lateral

thinking.

Scholars undertaking leading-edge

research, both discipline specific

and interdisciplinary, which is

disseminated in leading journals

and scholarly monographs, as

well as through teaching and

engagement with stakeholders.

The School’s research attracts

high quality research students,

draws international scholars to the

University to work with us, and

marks the School internationally as a

centre of research excellence.

A strong working relationship

with external stakeholders that

involves mutual recognition of each

other’s distinct but complementary

missions. Our stakeholders are all

those who are affected by, and thus

have a stake in, what the School

does.

An efficient, effective and equitable

system of management of human,

financial and physical resources

that supports and facilitates the

pursuit of the School’s mission in

research, teaching and stakeholder

engagement.

Our Objectives and Strategies

The School of Law’s overall objectives

and strategies are driven principally by

the Mission and Vision goals with respect

to research and teaching. Research and

teaching in turn form the basis of our

engagement with stakeholders and how

we impact upon, and interact with, the

wider community. The primary strategies

for achieving these goals are:





To develop and deliver a high quality,

research-led legal education that

is distinguished by its rigour, depth

and conceptual sophistication, and

through which students develop

skills in analytical reasoning that

will enable them to continue their

educational journey long after they

have left the School.

To increase the quality of all

research outputs within the School

to a level consistent with the

School’s aspiration to consolidate

and enhance its reputation as an

internationally-recognised centre of

research excellence.

To develop, enhance and sustain

mutually supportive relationships

with the full range of the School’s

stakeholders and with the wider

community.

To implement policies for

managing human, financial and

physical resources that encourage

professionalism and support staff

to maximise their potential while

recognising and valuing the diversity

of strengths and contributions.


Our Heritage and History

The TC Beirne School of Law at The

University of Queensland is a leading

Australian law school with a distinguished

history. Established with the foundation

of The University of Queensland in 1910,

today it is the premier law school in

Queensland, committed to providing high

quality undergraduate and postgraduate

legal education, and to the production

of quality, leading-edge internationallyrecognised

research.

In the early years, the Faculty of Law

was a ‘shadow faculty’ that enabled the

University to confer honorary degrees

on local notable graduates of other

universities. These included Sir Samuel

Griffith, former Premier and Chief Justice

of Queensland and, at that time, Chief

Justice of Australia, who was awarded an

honorary Doctor of Laws in August 1912.

Then in April 1935, Thomas Charles

Beirne, the proprietor of a large Brisbane

department store and Warden of the

Council of the University, pledged £20,000

(equivalent to about $3 million in today’s

money) to establish a functioning law

school. The University Senate named the

School after Mr TC Beirne and teaching

commenced in 1936.

The School’s first graduate was Mrs

Una Prentice (née Bick), who graduated

in 1938 and was the first woman to be

admitted to the Queensland Bar. In 1939,

there were 30 students enrolled and five

LLBs were awarded, one of them to Sir

Harry Gibbs, later Chief Justice of Australia

(1981-1987).

The School continued to maintain its

reputation for academic excellence

over the decades and the 1990s saw

considerable advancement in this regard

and the development of what is now

a world-class institution. Changes in

program structure, course flexibility and

diversity, as well as greater interaction with

the legal profession, business, industry

and government, reflected the School’s

commitment to addressing the needs of

students.

An important aspect of achieving these

aspirations for greater advancement was

the development of an extensive legal

research profile. Also during the 1990s,

several research centres were established

within the School of Law and these

included the Australian Institute of Foreign

and Comparative Law (AIFCL) and the

Centre for Maritime Law (CML). These

Centres received national and international

recognition and today continue to attract

leading scholars and experts from around

the world and enhance legal teaching and

research in relevant fields.

Throughout much of its 73 year history,

the School has succeeded in placing

itself in a central position in educating

One of the 155 students receiving an LLB at

the December 2009 graduation ceremony

was Ms Genevieve Beirne, great great niece

of the founder of the Law School, Thomas

Charles Beirne.

ABOUT THE SCHOOL

Laying the foundation stone at St Lucia,

6 March 1936.

the legal and political leadership of

the State of Queensland and also the

nation of Australia. Academic leadership

was developed from the late 1940s by

Professor Walter Harrison, Professor

Edward Sykes (subsequently Professor of

Public Law at the University of Melbourne),

and Professor Kevin Ryan (subsequently

a Judge of the Supreme Court of

Queensland, 1984-1994). Later members

of staff who have obtained distinction in

other fields include:








Professor Robin O’Regan QC:

Chairman, Queensland Criminal

Justice Commission.

Professor Kenneth Sutton: first Dean

of Law, James Cook University.

The Honourable Dr Bruce McPherson

CBE: Judge of the Supreme Court

of Australia (1982-1990); inaugural

Judge of the Queensland Court of

Appeal (1991-2006).

Dr Paul Finn: Professor of Law,

Research School of Social Sciences,

Australian National University; Fellow

of the Academy of Social Sciences;

Judge of the Federal Court of

Australia.

Her Excellency, Dr Quentin Bryce

AC: first woman appointed to

the School’s academic staff in

1968; federal Sex Discrimination

Commissioner; Governor of

Queensland; Governor General of

Australia.

The Honourable Justice Margaret

White: first woman appointed as

a Judge of the Supreme Court of

Queensland.

Professor James O’Donovan:

Dean of Law, University of Western

Australia.

Website:

www.law.uq.edu.au/heritage-and-history

TC Beirne School of Law Biennial Report 2008-2009 | Page


TEACHING AND

LEARNING

2008 Highlights





Introduction of the new Bachelor of

Laws (LLB) curriculum

Launch of Queensland Law Student

Review (QLSR)

Formation of the volunteer student

Human Trafficking Working Group in

collaboration with the University of

British Columbia, Canada

Clinical Legal Education Program

wins Vice-Chancellor’s Equity and

Diversity Award

Strategic Goal:

To develop and deliver a high

quality, research-led legal

education that is distinguished

by its rigour, depth and

conceptual sophistication,

and through which students

develop skills in analytical

reasoning that will enable them

to continue their educational

journey long after they have

left the School.

Page | TC Beirne School of Law Biennial Report 2008-2009

2009 Highlights




Review of the Master of Laws (LLM)

program

Launch of the UQ Pro Bono Centre

Student Roster

Guest lectures by the Speaker and

the Deputy Clerk of the House of

Representatives

Overview

The School of Law’s fundamental teaching

and learning goal is to challenge and

stimulate students and guide them in

the development of a comprehensive

understanding of the law as a whole,

which, in turn, is underpinned by

outstanding skills in critical reasoning and

lateral thinking.

The School seeks to achieve its teaching

and learning objectives through the

employment of strategies that enhance

learning outcomes, accommodate student

needs and respect student preferences for

the way their education is structured and

delivered.

During 2008 and 2009, teaching and

learning achievements reflected the

School’s operational strategies of providing

academic staff with resources, support

and motivation to embrace innovative

teaching and learning strategies and

of creating more opportunities for the

integration of the School’s teaching and

research activities.

Website:

www.law.uq.edu.au/law-students

Teaching Awards

In 2008 and 2009 School of Law teaching

staff were the recipients of numerous

internal and external teaching awards.

UQ Vice-Chancellor’s Awards for

Internationalisation

Mrs Margaret Stephenson won the 2009

inaugural Staff Award in the UQ Vice-

Chancellor’s Awards for Internationalisation

for the development of the course Law

and Indigenous Peoples.

Through the innovative use of technology,

Mrs Stephenson and her colleagues

created a virtual overseas classroom

for UQ students and those at partner

institutions in Canada, the United

States and New Zealand. The course

is comprised of weekly seminars, with

lecturers using a variety of audiovisual

material via high definition webcams and

facilitating discussion by flicking between

the screens of the six participating

universities as needed. Students are

directly exposed to the knowledge and

perspectives of international experts and

students, without having to leave their

home institution.


UQ Excellence in Teaching and Learning Awards

In 2009, senior lecturer Mrs Margaret Stephenson was awarded a Citation for Outstanding

Contribution to Student Learning.

Mrs Margaret Stephenson is recognised for outstanding teaching and leadership in

internationalising the curriculum, in promoting global student learning and offering students a

“virtual overseas education” experience without leaving UQ.

Through the use of video-conferencing, Margaret creates an innovative international

interactive classroom which links academic staff and students at six sites around the

globe, affording a wide range of students an unparalleled educational experience. In

introducing different teaching and learning methods, different cultures of education and by

affording direct interaction with international instructors and students, this course broadens

perspectives on global Indigenous rights jurisprudence and fosters the development of skills

for sustainable careers in the national and international arenas.

UQ BEL Faculty Citations for

Outstanding Contributions to Student

Learning

In 2008 two members of the School of

Law teaching staff were awarded Faculty

Citations for Outstanding Contribution to

Student Learning.



Dr Clare Cappa: for sustained

commitment to the provision of legal

education that instils a passion for

the law and develops the critical

abilities of ALL students.

Dr Craig Forrest: for the development

and sustained implementation of

effective research training in law that

encourages critical thinking, and

continuous and independent learning.

TC Beirne School of Law Awards for

Teaching Excellence

The TC Beirne School of Law Awards for

Teaching Excellence were introduced in

2008. In 2008 the winners were Dr David

Morrison and Dr Jon Crowe and in 2009

the winners were Associate Professor Nick

Aroney and Associate Professor Kerrie

Sadiq.

UQLS Awards for Outstanding

Teaching

Each year the University of Queensland

Law Society (UQLS) awards prizes for

outstanding teaching, as voted by the

members of the Society. In 2008, the

winner of the Award for Outstanding

Teaching in an Elective Course was

Dr Nick James. In 2009, the winner of

the Award for Outstanding Teaching in

a Compulsory Course was Mr Russell

Hinchy and the winner of the Award

for Outstanding Teaching in an Elective

Course was Dr Craig Forrest.

Mrs Margaret Stephenson

UniJobs Lecturer of the Year Award

Established in 2007, this Award is the

only nation-wide competition where

students nominate their lecturers for

excellence in teaching. The 2008 and

2009 competitions both received an

overwhelming response, with more than

65,000 votes cast and over 300 lecturers,

tutors and other academic staff from

universities across Australia nominated.

Law School staff ranked in the Top 10

Lecturers for UQ were Dr Nick James and

Associate Professor Andreas Schloenhardt

in 2008 and Professor John Devereux and

Dr Nick James in 2009.

Associate Professor Nick James was

ranked in UQ’s Top 10 Lecturers for the

UniJobs Lecturer of the Year Award for two

consecutive years.

TC Beirne School of Law Biennial Report 2008-2009 | Page


TEACHING AND

LEARNING

UQ Chancellor Sir Llew Edwards (left) with

Mr Paul O’Shea at the Diversity Awards

Ceremony.

UQ Vice-Chancellor’s Equity and

Diversity Award

The School’s Clinical Legal Education

Program was awarded the UQ Vice-

Chancellor’s Equity and Diversity Award for

2008. Presented as part of UQ’s Diversity

Week celebrations, the prize recognises

staff, students and graduates who pursue

inclusive initiatives which benefit others.

The $10,000 award was presented to

the Clinical Legal Education Program

organisers, a group of TC Beirne School

of Law lecturers led by Mr Paul O’Shea

and Dr Tamara Walsh. The group

coordinates LAWS5180, a course which

allows undergraduate students to better

understand how the legal system affects

the homeless and other disadvantaged

people.

The program, now currently run under

the auspices of the UQ Pro Bono Centre,

provides students with the opportunity

to gain experience through working with

members of the legal profession in pro

bono social justice legal services. A number

of clinics are run each semester and include

the Consumer Law Advice Clinic at Caxton

Legal Centre, the Homeless Persons’ Legal

Clinic at the Queensland Public Interest

Law Clearing House (QPILCH), the Public

Interest Research Clinic at QPILCH, the

Legal Aid Clinic at the Brief Services Unit

at Legal Aid Queensland, and the Prisoner

Law Clinic. The Centre is also working with

the community legal sector to expand the

clinical program.

At the end of 2009, the Clinical Legal

Education Program was the largest of its

kind in Queensland. It is estimated that in

the past three years the program, run in

collaboration with QPILCH, Caxton Legal

Centre and Legal Aid Queensland, has

helped save tens of thousands of dollars in

fees and assisted hundreds of clients.

Page 8 | TC Beirne School of Law Biennial Report 2008-2009

Teaching and Learning

Showcase 2008

Introduction of the New Bachelor of

Laws (LLB) Curriculum

The Bachelor of Laws is the School’s

flagship program. In 2007 the LLB

underwent a complete review and reform

of its curriculum and pedagogy. This review

was intended to align the program with the

School’s principal strategy of implementing

pedagogical practices consistent with a

‘liberal vision’ of legal education.

The new LLB curriculum was introduced

in 2008. The LLB at the TC Beirne School

of Law is now at the leading-edge of legal

education in Australia. It emphasises the

study of law as an intellectual as well

as a professional discipline. It focuses

on developing in students a deep and

sophisticated understanding of the law

and a capacity to think critically about

the law and its underlying structures,

principles, policies, and values. The new

LLB also facilitates a clearer stair-casing

of knowledge throughout the degree: the

knowledge gained in courses in year 1 is

built upon in courses in years 2, 3 and 4.

Each course includes instruction in core

legal skills - such as legal and critical

reasoning, legal research and information

management, presentation (oral and

written), legal argument, and a range of

skills associated with the practise of law - to

ensure a deep and meaningful integration of

legal skills with the study of the substantive

law.

As well as satisfying the academic

requirements for admission to the legal

profession, the new LLB is also designed

to allow students to comprehend, analyse

and evaluate the law from a wide range of

perspectives and to adapt what they have

learned to new conditions in their chosen

career.

Website:

www.law.uq.edu.au/bachelor-of-laws

Blended Learning Conference

(School of Law dedicated session)

More than 600 delegates collaborated

across three time zones to discuss the

role of technology in education during

the 2008 Blended Learning Conference,

held at The University of Queensland in

June. Two hundred participants at UQ’s

St Lucia campus were linked via the web

to a conference at Hertfordshire University

in the UK and an e-learning event at the

University of Calgary in Canada. The

conference explored how embedding the

use of technology alongside traditional

teaching methods can enhance the student

experience. UQ experts from fields such

as pharmacy, law, journalism and chemical

engineering demonstrated technological

tools such as videoconferencing, virtual

reality systems, social networking,

e-learning, podcasting and mobile

technologies and discussed their potential

for improving education.

School of Law senior lecturer Mrs Margaret

Stephenson demonstrated how she is

currently incorporating modern technology

into her area of expertise by teaching

an Indigenous Law course via videolink

technology with classes in the USA,

Canada, New Zealand and Australia.

Australasian Law Teachers’

Association Conference

In 2008 and 2009 Law School staff

attended and presented papers at the

annual conference of the Australasian

Law Teachers’ Association (ALTA). ALTA

is a professional body which represents

the interests of law teachers in Australia,

New Zealand, Papua New Guinea and the

Pacific Islands. At the 2008 Conference

held at Palm Cove, North Queensland, Dr

Clare Cappa and Dr Nick James presented

a paper about teaching critical legal

thinking to law students, and Dr Shane

Sullivan presented a paper titled ‘A Secular

Penance. The Newspaper Apology as a

Method for the Informal Resolution of Legal

Disputes in the Kentish Gazette 1768-

1820’. At the 2009 Conference held in

Sydney, Associate Professor Jennifer Corrin

presented a paper about legal pluralism

and legislative developments relating to

customary land in the Solomon Islands,

Dr Heather Douglas presented a paper

titled ‘Benign Pessimism, the National

Emergency and the Criminal Law’, and Dr

Nick James presented a paper about the

UQ Law Mentor Program.

Launch of the Queensland Law

Student Review

The inaugural edition of the Queensland

Law Student Review (QLSR) was launched

in 2008, providing UQ law students with an

entry-point into academic publishing. The

QLSR publishes original articles in all fields

of law and showcases some of the best

research papers written by students.

The QLSR is an initiative which fosters

analytical research skills among students

and contributes to the University’s and the

School’s reputation as a leader in critical

analysis of contemporary legal and justice

issues. Through the QLSR, law students

have the opportunity to connect with

students and academic readers around

the country and overseas. The publication

also acts as a ‘stepping stone’ for students

seeking to undertake higher research

degrees.

Website:

www.law.uq.edu.au/qlsr


Human Trafficking Working Group

TC Beirne School of Law students formed

a Human Trafficking Working Group in

2008 to help raise awareness and prevent

human trafficking in Australia. The research

group was created by Associate Professor

Andreas Schloenhardt in collaboration

with similar groups from The University of

British Columbia in Vancouver, Canada,

and Georgia State University Law School,

Atlanta, USA.

This initiative provided the first

comprehensive examination of the

trafficking of persons in Australia by

identifying and analysing reported and

suspected cases of human trafficking.

The working group, modelled on groups

in US and Canadian law schools, works

closely with government departments, law

enforcement agencies and international

organisations in Australia and abroad.

The group has held several public forums

in Brisbane, presented research findings

at conferences and symposia in North

Guest Lecturers 2008

Guest Lecturer

Ms Joanne Rennick

Course

LAWS1112

Students Affiliations involved in the Human Trafficking Working Group

(from left) Genevieve Beirne, Toby Corsbie, and Meghan Tait

Partner, Murphy Schmidt

Mr Dominic O’Sullivan LAWS1112 Barrister

The Hon Dr Glen Williams AO QC LAWS1112 Adjunct Professor, UQ

Mr John Briton LAWS5217/7213 Legal Services Commissioner, Legal Services Commission

Dr Michael White QC LAWS5160/7160 Adjunct Professor, UQ

Mr Adam Dierselhuis LAWS3102 O’Connells OBM Pty Ltd (Chartered Accountants)

Imam Dr Tariq Asadullah Syed LAWS5189/7189 Muslim Chaplain for UQ

Mr Digby Ross LAWS3103

Ms Sue Harbidge LAWS2114/7231 Crime & Misconduct Commission

Ms Lenore Hamilton LAWS5225/7225

Adjunct Professor, UQ; Official Receiver of Qld; Head of Qld Branch of

Insolvency and Trustee Service Australia

Director, Pacific Legal Information Institute, University of the South Pacific

(Vanuatu)

Ms Kendra Derousseau LAWS5225/7225 Pacific Legal Information Institute, University of the South Pacific (Vanuatu)

Mrs Shirin Maryam Jamanari LAWS5189/7189

Mrs Janette Hashemi LAWS5189/7189 Muslim women from different countries

Ms Mazlifah Mansoor LAWS5189/7189 Muslim women from different countries

Ms Rohana Abd Rahman LAWS5189/7189 Muslim women from different countries

Mr Andrew Boe LAWS2114/7231 Solicitor, Boe Lawyers

Muslim women from different countries (School of Languages and Comparative

Cultural Studies)

Mr Neil Watt LAWS2114/7231 Solicitor and Ethics Officer, Queensland Law Society

Senior Sergeant Michael Ede LAWS5216/7114 Officer in Charge, Training Office, Brisbane Police Prosecutions Corps

Mr Paul Harpur LAWS5020/7020 Consultant, Livingstones Australia

Dr Geoff Airo-Farulla LAWS5020/7020 Assistant Ombudsman, Commonwealth Ombudsman’s Office

The Hon Geoff Davies AO QC LAWS5216/7114 Adjunct Professor, UQ

Mr Paul Guilfoyle LAWS7941 Principal Concilliator, Anti-Discrimination Commission Qld

Ms Deborah Keenan LAWS7941 Registrar, Anti-Discrimination Tribunal Qld

Mr Jamie Robinson LAWS5122/7122 Partner, Harmers Workplace Lawyers

Mr Peter Dunn LAWS3102 Director, Corporate Tax Division, Tax & Legal Services, PricewaterhouseCoopers

Mr Matthew Hardy LAWS3102

The Human Trafficking Working Group (December 2009).

America and Europe, and has published

a large volume of articles and reports. In

response to reported cases of human

trafficking in Far North Queensland,

members of the group, supported by the

Queensland Law Society, visited Townsville

and Cairns in February 2009 to investigate

Senior Consultant, Corporate Tax Division, Tax & Legal Services,

PricewaterhouseCoopers

TEACHING AND

LEARNING

and present preliminary findings.

From 2010, the Human Trafficking Working

Group will be offered as an academic

course for credit in the LLB.

Website:

www.law.uq.edu.au/humantrafficking

TC Beirne School of Law Biennial Report 2008-2009 | Page 9


TEACHING AND

LEARNING

Teaching and Learning

Showcase 2009

Review of the Master of Laws (LLM)

As part of the School’s commitment to

providing first-class educational programs

in law, an extensive review of the Master of

Laws program was undertaken during 2009.

The review was conducted in order to

improve the School’s understanding of the

importance of postgraduate education in

the area of law for the various law student

cohorts and the factors that contribute to

the decision to undertake postgraduate

study. Other aims of the review were to

gain a deeper understanding of the features

necessary not only to provide a high quality,

comprehensive program for both domestic

and international students but also to

provide an educational experience tailored to

the needs of the particular student cohort.

In keeping with the review outcomes and

School’s strategic teaching and learning

goals, the new LLM program (to be

introduced in 2011) will offer students an

academically rigorous and professionally

relevant program of study with flexible

structures and delivery options.

Students completing the new LLM program

will not only enhance their practical

knowledge and skills but they will also gain

a professional edge with an internationally

recognised academic qualification from one

of Australia’s most prestigious law schools.

Website:

www.law.uq.edu.au/master-of-laws

Assessment Pilot

In July 2008, the Academic Board approved

a Pilot Study into assessment practices in

the School of Law to be undertaken as part

of the Australian Learning and Teaching

Council (ALTC) funded project Assessment

Policy and Impact on Practice: Sharpening

the Policy Review Process in Australian

Universities. The aim of the Study was to

explore alternative assessment regimes

and in particular the impact of a change

in emphasis away from purely summative

assessment and towards more formative

assessment (or feedback). Courses involved

in the Study were not obliged to comply

with the requirement that no single piece of

assessment be worth more than 70% of the

total assessment, and it therefore became

possible for course coordinators to set

100% final exams.

The Study was conducted in Semester

2, 2008 and Semesters 1 and 2 of 2009.

The outcomes of the Study supported the

conclusion that there is a strong case for

permitting course coordinators within the

Law School to give students the choice

between multiple assessment items and a

100% final exam along with increased levels

of personal and group formative feedback.

Such an approach to assessment within

law courses is consistent with assessment

practices at Go8 law schools in Australia and

leading law schools in the UK, New Zealand,

Canada, and the USA.

Page 0 | TC Beirne School of Law Biennial Report 2008-2009

(From left) Associate Professor Graeme Orr, Mr Harry Jenkins MP, Speaker, Mr Bernard

Wright, Deputy Clerk, and Associate Professor Nicholas Aroney.

Parliament to the People

In September 2009, the Speaker and the Deputy Clerk of the House of Representatives visited

St Lucia campus to present guest lectures to School of Law students.

The Speaker, Mr Harry Jenkins, talked about what it is like to have the responsibility to oversee

and regulate parliamentary debate, while Deputy Clerk Mr Bernard Wright spoke about the

rules and procedures which facilitate and enhance the quality of parliamentary debate.

The visit was organised under the federal Parliament’s ‘House Calls’ scheme by Associate

Professor Nicholas Aroney and Associate Professor Graeme Orr as part of a new elective

course The Law of Political Institutions. This course was introduced in January 2009 and

attracted over 120 students in its first year. Course coordinator Dr Graeme Orr said the

course gave students an advanced understanding of how institutional and electoral politics is

governed and was the only course in Australia which drew together Parliamentary and electoral

law for undergraduates.

Guest Lecturers 2009

Guest Lecturer Course Affiliations

Ms Ann Maree David LAWS5217/7213 The College of Law Queensland

Dr David Yiping Lu LAWS5167/7167 Former Judge of Intermediate Court, China

Dr Zoe Rathus LAWS5121/7121 School of Law, Griffith University

Prosecutor Ji Hye Son LAWS5167/7167 Prosecutor from Korea

Ms Kelly Newsome LAWS3100/7011

Ms Nicola Haw LAWS3100/7011 McGrath Nicol

McGrath Nicol (independent advisory firm

specialising in Corporate Advisory, Forensic,

Transaction Services and Corporate Recovery)

Dr Julian Lamont LAWS5217/7213 School of Philosophy, UQ

Mr John Britton LAWS5217/7213

The Hon Dr Glen Williams

AO QC

Legal Services Commissioner, Legal Services

Commission

LAWS1112/7917 Adjunct Professor, UQ

Ms Joanne Rennick LAWS1112 Partner, Murphy Schmidt

Mr Dominic O’Sullivan LAWS1112 Barrister

Ms Cathy Muir LAWS1112 Barrister

Ms Jean Dalton SC LAWS1112 Barrister

Ms Rachel Field LAWS5121/7121 School of Law, QUT

Ms Stephanie Ewart LAWS5121/7121 Lawyer, Murdoch Lawyers

Senior Sergeant Michael Ede LAWS7807

Officer in Charge, Training Office, Brisbane Police

Prosecution Corps

Justice Margaret Wilson LAWS7807 Supreme Court of Queensland

Mr Paul Lack LAWS7807 Crown Law

Mr Neil Watt LAWS5217/7213 Queensland Law Society

The Hon Geoff Davies AO QC LAWS3112/7111 Adjunct Professor, UQ

Mr Greg Lyons LAWS3102 Genesys Wealth Advisers

Emeritus Prof Ivan Shearer LAWS5154/7154 School of Law, University of Sydney


Undergraduate and

Postgraduate Programs

Bachelor of Laws

The TC Beirne School of Law offers one

undergraduate program, the Bachelor of

Laws, which can be taken as a single or

dual program.

The LLB provides an education in the law

that is distinguished by its rigour, depth

and conceptual sophistication. Students

gain a thorough understanding of the

concepts, principles, policies and values

of the law both in Australia and other

jurisdictions and develop outstanding

skills in critical analysis, thought and

argument.

In addition to the courses required

for professional admission, the LLB

offers a range of elective courses and

extra-curricular activities that provide

opportunities to put the knowledge

students have learned in the classroom

into a practical context and enhance

transferrable skills such as advocacy and

negotiation. These opportunities include:

Clinical Legal Education – Students

are given the opportunity to be involved

in pro bono work at a community legal

centre where they work on real legal

cases under the expert supervision of

a legal practitioner. Students learn how

to apply knowledge to real life situations

and learn important skills relating to the

practice of law while helping people who

would otherwise be unable to access legal

advice.

Mooting – The mooting courses give

students the opportunity to develop and

enhance skills in preparing and presenting

persuasive arguments while representing

the School in prestigious mooting

competitions.

Research Projects – A number of

elective courses allow students to

undertake an in-depth research project

under the supervision of an academic

staff member.

The LLB provides almost unlimited

opportunities for success in the

employment market: as a barrister

or solicitor in private practice, as a

prosecutor in the war on crime, as a

community lawyer helping the less

fortunate, as a legal officer in the public

service, as in-house counsel, or, when

combined with another degree, in any one

of a wide range of positions in many areas

such as accounting, education, foreign

affairs, industrial relations, management,

politics or taxation.

While the majority of students come

from Australia, this program also attracts

students from all regions of the world,

including Singapore, Malaysia, the United

States of America, Canada, Papua New

Guinea, the People’s Republic of China,

Germany and many more. As well as

fulfilling the academic requirements

for admission as a legal practitioner

throughout Australia, the LLB may also

be used by students from Singapore and

Malaysia to directly fulfill the academic

qualifications required for admission to the

legal profession in their home countries.

Website:

www.law.uq.edu.au/bachelor-of-laws

Dual Programs

The LLB can be combined with a range of

other degrees in a dual degree program.

Students enrolled in a dual program

undertake two degrees concurrently

over five and a half years. Dual program

students typically have a smaller number

of electives available and thus the dual

degree program can be completed in less

time than two separate degrees.

Combining the study of the law with

another discipline – anything from

business and economics, through

languages, music, political science,

history and journalism, to neuroscience

and zoology – opens up a wide range of

additional career possibilities.

During 2008 and 2009, the Bachelor of

Laws could be taken in the following dual

program combinations:







Bachelor of Arts / Bachelor of Laws

(BA/LLB)

Bachelor of Business Management /

Bachelor of Laws (BBusMan/LLB)

Bachelor of Commerce / Bachelor of

Laws (BCom/LLB)

Bachelor of Economics / Bachelor of

Laws (BEcon/LLB)

Bachelor of Journalism / Bachelor of

Laws (BJ/LLB)

Bachelor of Science / Bachelor of

Laws (BSci/LLB)

Postgraduate Programs for Law

Graduates

The TC Beirne School of Law offers two

programs, the Master of Laws (LLM) and

Master of Laws (Advanced) (LLM (Adv)), to

graduates of law.

Master of Laws (LLM)

This program is designed to enhance

the theoretical and practical expertise

of students and provide them with a

professional edge. Students will improve

their independent and critical thinking and

research skills.

The courses offered as part of the LLM

are predominantly driven by the needs

of contemporary legal practice. They

include courses in highly specialised areas

as well as more general areas where

the principles underpinning that area

are highly complex and require a depth

of understanding. In 2008 and 2009,

students could select courses from a wide

range of subject areas or choose to focus

their study in a specialist area such as

International Trade; Intellectual Property

Law; or Litigation and Dispute Resolution.

During 2008 and 2009, the School

welcomed numerous leading academic

and professional visitors. These visitors

were selected for their expertise and/or

established research profiles and

students were encouraged to take

advantage of their presence in the School

by enrolling in the courses they taught.

The majority of the 2008 and 2009

LLM courses were taught intensively,

either in blocks of four days or in two

blocks of two days to allow students to

accommodate study and the demands

of professional or other commitments.

Many courses had a strong international

emphasis and some were offered on

a semester-long basis to provide an

opportunity for international students to

experience the rich and culturally diverse

campus life.

Website:

www.law.uq.edu.au/master-of-laws

Applied Law Programs for Non-Law

Graduates

The School recognises that law is not just

for lawyers and offers a suite of programs

in applied law designed for non-law

graduates who would find some legal

background useful in their careers, or

who have a special interest in law but do

not seek admission to legal practice.

Applied law students typically come

from a diverse range of industries

and professions such as accounting,

education, engineering, foreign affairs,

industrial relations, management,

medicine, politics, taxation and insurance.

As well as receiving a stimulating and

practical introduction to basic legal

concepts, students enrolled in an applied

law program undertake elective courses

of special relevance to their professions

or occupations.

The following Applied Law programs were

offered by the School during 2008 and

2009:

Graduate Certificate in Applied Law

0.5 year full-time or part-time equivalent

Graduate Diploma in Applied Law

1 year full-time or part-time equivalent

Master of Applied Law

1.5 years full-time or part-time equivalent

Website:

www.law.uq.edu.au/applied-law

TEACHING AND

LEARNING

TC Beirne School of Law Biennial Report 2008-2009 | Page


TEACHING AND

LEARNING

Associate Professor Nick James Professor Suri Ratnapala Associate Professor Kerrie Sadiq

Textbooks Written by School

Staff 2008-2009

Associate Professor Kit Barker &

Professor Ross Grantham

K Barker, R Grantham, Unjust Enrichment

(LexisNexis, Sydney 2008)

Dr Ann Black

A Black and others, Legal Studies for

Queensland Vol 1 (5th edn Legal Eagles

publications, Brisbane 2008)

Associate Professor Bernard Cairns

B Cairns, Australian Civil Procedure (8th

edn Law Book Company, Sydney 2009)

Dr Jonathan Crowe

J Crowe, Legal Theory (Law Book

Company, Sydney 2009)

Dr Alan Davidson

A Davidson, The Law of Electronic

Commerce (Cambridge University Press,

Melbourne 2009)

Professor John Devereux

A Clarke, J Devereux, Torts: A Practical

Learning Approach (Butterworths,

Sydney 2008)

Associate Professor Heather Douglas

H Douglas, S Harbidge, Criminal

Process in Queensland (Law Book

Company, NSW 2008)

Mr Russell Hinchy & Associate

Professor Peter McDermott

R Hinchy, The Australian Legal System:

History, Institutions and Method

(Pearson Longman, Sydney 2008)

R Hinchy, P McDermott (eds),

Fundamental Company Legislation 2008

(Pearson Prentice Hall, Frenchs Forest,

NSW 2008)

R Hinchy, P McDermott, Company Law

(2nd edn Pearson Prentice Hall, Frenchs

Forest, NSW 2009)

Page 2 | TC Beirne School of Law Biennial Report 2008-2009

Associate Professor Nick James

N James, Critical Legal Thinking

(Pearson, Frenchs Forest, NSW 2009)

N James, Business Law (Wiley and

Sons, Milton, Queensland 2009)

Professor Suri Ratnapala

S Ratnapala, Jurisprudence (Cambridge

University Press, Melbourne 2009)

Associate Professor Kerrie Sadiq

K Sadiq and others (eds), Principles of

Taxation Law (Sydney 2008)

K Sadiq and others, Australian Tax

Analysis (7th edn Pyrmont, NSW 2009)

K Sadiq and others, Principles of Taxation

Law (2nd edn Pyrmont, NSW 2009)

Associate Professor Andreas

Schloenhardt

A Schloenhardt, Queensland Criminal

Law (3rd edn Oxford University Press,

Melbourne 2008)

Professor Brad Sherman

L Bently, B Sherman, Intellectual Property

Law (3rd edn Oxford University Press,

United Kingdom 2008)

Mrs Margaret Stephenson

M Stephenson, E Webb, Land Law (3rd

edn Butterworths, NSW Australia 2009)

Dr Michael White, QC

M White, Australian Offshore Laws

(Federation Press, 2009)

Dr Ann Black Professor John Devereux


Student Successes

The TC Beirne School of Law at The

University of Queensland has a reputation

for attracting some of the best and

brightest students from Australia and

overseas. More than 2,000 students were

enrolled in the School’s undergraduate

and postgraduate programs in 2008 and

2009. Many of these students achieved

outstanding success in a number of

areas.

Rhodes Scholarships

Rhodes Scholarships were founded

in 1902 under the will of the late Cecil

John Rhodes and are tenable at the

University of Oxford. Candidates must be

aged between 19 and 25 years and be

citizens of the country from which they

are selected. The qualities set out by

the late Cecil Rhodes for those seeking

Rhodes Scholarships include academic

and intellectual excellence, integrity of

character, respect for fellow beings and a

capacity for leadership.

Since teaching began at the TC Beirne

School of Law in 1936, 25 graduates have

been awarded Rhodes Scholarships. In

2008 and 2009, three former students

carried on the proud tradition.

2008 Queensland Rhodes Scholar

Anna Kloeden was awarded the

Queensland Rhodes Scholarship for

2008.

Anna graduated from UQ with a Bachelor

of Arts (Chinese) and Bachelor of Laws

and was awarded a University Medal

in 2008. She discovered her passion

for human rights law while working as

a volunteer at a Chinese orphanage

on a UQ Study Abroad program.

After her exchange experience, Anna

became a regular volunteer at the Anti-

Discrimination Tribunal and her local

church, where she taught English to

Chinese immigrants.

Anna took up her Rhodes Scholarship

at the University of Oxford in September

2009, focusing her Master of Laws

research on how to strengthen the trade

links between Australia and China without

compromising the human rights of those

involved.

2008 Australia-at-Large Rhodes

Scholar

Robert Mullins was the second Law

student to win a Rhodes Scholarship

in 2008 and joined fellow UQ Arts/Law

graduate Anna Kloeden at the University

of Oxford to undertake a Masters of

Studies in English Literature.

Robert was a runner-up in the

Queensland Rhodes Scholarship

but his application was felt to be of

sufficient merit for him to be nominated

to go to Canberra for an interview with

the Australia-at-Large Scholarship

Committee. At the interview, Robert

had to respond to questions on a range

of topics, from politics to individual

aspirations to sporting achievements. He

was also asked about his volunteer work

as Regional Youth Coordinator with St

Vincent de Paul during 2004-2005 and

a refugee tutoring program he helped to

start for university students.

Once his studies at Oxford are

completed, Robert hopes to pursue a

career in academia and is particularly

interested in teaching and promoting

Australian literature.

2009 Queensland Rhodes Scholar

Winner of the 2009 Queensland Rhodes

Scholarship was Caitlin Goss. Daughter

of former Queensland Premier Wayne

Goss, Caitlin’s brother Ryan (also a

School of Law graduate) was the 2007

Queensland Rhodes Scholar and her

grandfather, Konrad Hirschfeld, was the

1927 scholar.

Caitlin graduated from UQ with a

Bachelor of Arts (first class honours)

and Bachelor of Laws and was awarded

a University Medal in 2006. Her work

experience with the Australian Law

Reform Commission showed her how

law reform could have an impact on the

community through improving the laws

surrounding issues such as medical

privacy and the sentencing of criminals.

Caitlin is undertaking a Bachelor of Civil

Laws at Oxford to expand her knowledge

of post-conflict law reform and hopes her

studies will allow her to help set up new

legal systems in countries recovering from

war.

2008

Sir Harry Gibbs Scholarship

Emmanuel College student Simon

LaBlack was the first recipient of a

scholarship in honour of former High

Court Chief Justice Sir Harry Gibbs. The

Scholarship covered Simon’s residential

fees at Emmanuel College while he

studied for a dual degree in law and

journalism.

Simon was awarded the scholarship

because he made a great contribution

to college life and scored highly in areas

valued at Emmanuel such as academic

achievement, intellectual creativity,

community spirit and teamwork. He was

also an active student, editing a student

newsletter, playing bass, tenor and

side drum in the College pipe band and

competing in AFL, soccer, rowing and

distance running.

The idea of a law scholarship arose

following discussions between Sir Harry

and Emmanuel College Principal Adjunct

Professor Stewart Gill shortly before Sir

Harry’s death. The shared vision was

to provide a full residential scholarship

Caitlin Goss

Robert Mullins

Anna Kloeden

TEACHING AND

LEARNING

TC Beirne School of Law Biennial Report 2008-2009 | Page


TEACHING AND

LEARNING

for a student studying law at UQ with

an expectation that the student would

pursue a career in the law and act as an

ambassador for the College.

Sir Harry was an Emmanuel collegian

in the 1930s and was appointed Chief

Justice of the High Court of Australia in

1981. He served in this position until his

retirement in 1987. Sir Harry passed away

in 2005.

Native Title and DPP Internships

In the 2008 and 2009 end of year

breaks, UQ law students used their

legal knowledge to provide assistance

to under-resourced native title and

indigenous policy organisations and the

Department of Public Prosecutions (DPP).

The Aurora Internship Program offered

two internships in both years to School of

Law students. One student was assigned

to the Australian Institute of Aboriginal

and Torres Strait Islander Studies in

Canberra and the other to the Australian

Human Rights Commission, Strategic

Projects Unit. Duties during the internship

included preparation of briefs to counsel

and submissions to government, legal

research, preparation of affidavits,

and attending court with native title

representative body staff.

Over the two year period, more

than 30 law students were assigned

internships with the Department of Public

Prosecutions in chambers from Cairns

to the Gold Coast. DPP interns were

exposed to a wide range of experiences

involving criminal cases before the courts

and assisted with the preparation of

cases, instructing the Crown Prosecutor

at trials and sentencing, and the dayto-day

operations of the Queensland

Prosecution Service.

Angus O’Brien and James Green, ALSA

National Client Interviewing winners 2008.

Page | TC Beirne School of Law Biennial Report 2008-2009

Law Students Awarded for Excellence

More than 30 students from the School

of Law received awards for academic

excellence at the School’s 2009 annual

awards ceremony. Over 100 guests

attended the ceremony, including guest

presenter Professor Sushila Chang,

sponsors of the Law School prizes, and

members of the Brisbane legal community.

The award winning students for 2008

were:

The Allens Arthur Robinson Prize for

Overall Excellence

– Ms Verity Doyle

The Allens Arthur Robinson Prize in

Company Law

– Mr Tristan Fitzgerald

The Allan Robb Memorial Prize

– Ms Michelle Craigie

The Corrs Chambers Westgarth Prize

– Mr Gareth Howe

The David Leeder Davies Prize in Trade

Practices Law

– Mr Gareth Howe

The Dr MHM Kidwai Memorial Prize

– Mr Gareth Howe

The Family Law Practitioners’ Association

Qld Prize in Family Law

– Ms Petria Comino

The Walter Harrison Law Prizes






Ms Lauren Humphrey

Miss Elizabeth Matthews

Mr Christopher Ash

Ms Emma Forbes

Ms Michelle Craigie

The Thomas William McCawley Memorial

Prize

– Miss Juliet Davis

ALSA National Client Interviewing

Competition

A School of Law team won the Australian

Law Student Association (ALSA) National

Client Interviewing Competition for 2008.

Arts/Law student Angus O’Brien and

Economics/Law student James Green

competed against 28 teams at the national

finals, held during the ALSA Conference in

Tasmania.

The interviewing competition is designed to

simulate an initial meeting between a pair

of solicitors and a new client. It encourages

students to develop interviewing, planning

and analytical skills in the lawyer-client

relationship.

Following their win, the pair represented

Australia at the 2008-2009 Louis M Brown

International Client Counselling Competition

at Bangalore in India.

The Andrea Bowler Memorial Prize for

Family Law

– Miss Dominique Mayo

The Taxation Institute of Australia Prizes

in Law

– Mr Andrew Smailes

– Ms Florence Chen

– Miss Dora Szasz

The Ross Anderson Memorial Prize

– Mr Timothy Mason

The Sir Samuel Walker Griffith Memorial

Prize in Law

– Mr Angus O’Brien

The KPMG Prize in Law



Ms Sylwia Nowacka

Ms Tegan Hartwig

The Kay Young Memorial Prize

– Mr John Hudson

The Maria De Donatis Memorial Prize in

Corporate Law

– Miss Jennifer Richards

The Virgil Power Prize

– Miss Jessica Howley

The Minter Ellison Prize in Law

– Miss Jessica Howley

The John Hughes Wilkinson Memorial

Prize in Law

– Miss Jessica Howley

The Freehills Prize in Law

– Mr James McMurdo

The McCullough Robertson Prizes



Miss Jessica Fantin

Ms Corrine Rathie

The Australian Taxation Reporter Prize

– Miss Karli McCallum

The R.J. Bulley Prize

– Miss Tegen Tvede

The Ruthning Memorial Scholarship



Miss Shivakami Kumarathash

Mr Mitch Riley

Queensland Environmental Law

Association Prize in Environmental Law

– Miss Katherine McGree

The University of Queensland Law Society

Medal for the Most Outstanding Graduate

of the Year

– Mr Thomas Gole

The MacDonnells Prize in Commercial Law

– Mr Alexander McKinnon

The Howden Saggers Lawyers Prize in

Criminal Procedure

– Mr Daniel Fuller

The Harmers Workplace Lawyers Prize for

Research Excellence in Labour Law


Miss Juliet Davis

The School’s award ceremony for

academic excellence in 2009 will take

place in May 2010.


2009

Peter Goodenough and Wantoks

Scholarship in Law

A prominent female PNG human rights

lawyer and advocate was the 2009

winner of the Peter Goodenough and

Wantoks Scholarship in Law. Freda Talao

was awarded the scholarship during the

annual Peter Goodenough Memorial

Lecture at UQ’s Queensland Brain

Institute (QBI) in August. Freda intends to

initially complete a Master of Philosophy

research project on human rights in PNG

at the TC Beirne School of Law, then

move on to PhD studies.

The Peter Goodenough and Wantoks

Scholarship is a collaborative initiative

between the QBI and the School of Law

and is dedicated to the memory of the

late north Queensland businessman

Peter Goodenough, who had extensive

interests in Papua New Guinea.

“Wantoks” means friends in Pidgin

English.

US Interns (from left) Naomi Lim and Byron Hewson

Law Students Awarded US

Internships

Two TC Beirne School of Law students

were selected to take part in an

eight-week internship program with

politicians in the USA. Byron Hewson

and Naomi Lim were two of 12 interns

selected for the 2010 Uni-Capitol

Internship Programme (UCWIP),

designed to provide Australian students

with unique access to the US political

system through internship placement in

congressional offices.

Bachelor of Economics/Bachelor of

Laws student Byron Hewson was

placed with Senator Christopher Dodd

(Democrat of Connecticut) and was

motivated to apply for a place in the

program because of his strong interest in

the American political system.

Bachelor of Journalism/Bachelor of Laws

student Naomi Lim was placed with

Representative John Tierney (Democrat

of Massachusetts) and was looking

forward to working on Capitol Hill, the

current political, economic and cultural

epicentre of the western world.

The pair left for Washington in December

2009 to take up their eight-week

internships.

TEACHING AND

LEARNING

Harvard Fellowship winner Tom Gole.

Harvard Fellowship for Law Student

School of Law student Tom Gole was

awarded a fellowship to study at Harvard

University in the USA. Tom received an

offer for one of three Australian Frank

Knox Memorial Fellowships in early

2009 after completing a Bachelor of

Economics and Bachelor of Laws dual

degree program and an Economics

honours year at the end of 2008.

The funding provides for students to

undertake graduate study at Harvard

and fellows are selected on the basis of

future promise of leadership, strength

of character, a keen mind, balanced

judgment and a devotion to the

democratic ideal.

Tom credits his award of the Fellowship

to the knowledge and skills he gained

while studying at UQ and is undertaking

a PhD in Economics at Harvard.

TC Beirne School of Law Biennial Report 2008-2009 | Page


TEACHING AND

LEARNING

The red cedar furniture and paneling in the

Sir Harry Gibbs Moot Court was donated

to the School in 1972 after the former

Queensland Supreme Court building, built

in 1879, was severely damaged by fire

in 1968. The furniture had been used by

judges, barristers and other members of

the Supreme Court for some 90 years prior

to installation in the Law Library. Today

the Moot Court is used mainly by students

practising for mooting competitions but

in 2008 it also featured in an episode of

The Shak, a children’s television program

broadcast on the Nine Network.

2008 and 2009 Moot Victories

The TC Beirne School of Law is

committed to providing students with

the highest standard of legal education

so they are equipped with skills that will

allow them to successfully practise their

profession in a dynamic and increasingly

complex environment. The School’s

mooting program represents the best

accelerated learning program available to

students to equip them with research and

advocacy skills to prepare them for their

professional lives.

The Law School has entered teams

in national and international moot

competitions for many years. With

coaching from the School’s academic

staff and mooting alumni, various teams

over the past 10 years have enjoyed

tremendous success. At the international

level, mooting teams from The University

of Queensland have been unrivalled in

their achievements. The UQ Law School

is the only school to have won the highly

prestigious Willem C Vis International

Commercial Arbitration Moot twice (1998

and 2000) and the prestigious Jessup

International Law Mooting Competition

(2005).

UQ’s 2009 International Maritime Law

Arbritation Moot team (from left) Alexander

McKinnon, Kristen Price, Lauren Humphrey

and Alexander Molloy

Page | TC Beirne School of Law Biennial Report 2008-2009

In 2008 and 2009 the School’s mooting

teams continued to enjoy success.

International Maritime Law Arbitration

Competition

2008: Winner.

2009: Winner. Best Written

Memorandum for the Claimant award.

Jessop International Law Moot Court

2008: Australian semi-finals. Best

speaker in preliminary rounds.

2009: Australian quarter-finals. Ranked

7th overall.

National Family Law Moot Competition

2008: Ranked 4th overall.

Shine Lawyers National Torts Moot

Competition

2008: Overall winner. Best speaker in

the grand final.

2009: Overall winner. Best speaker in

the grand final.

International Humanitarian Law Moot

2008: Quarter-finals.

2009: Quarter-finals.

Administrative Appeals Tribunal National

Mooting Competition

2008: Winner. Best Oralist Award.

2009: Semi-finals.

LAWASIA Moot

2009: Semi-finals.

LexisNexis Constitutional Law Moot

2009: Winner. Second UQ team placed

3rd.

Website:

www.law.uq.edu.au/mooting


Student Representation

As in previous years, students enrolled in the School’s undergraduate and postgraduate

programs in 2008 and 2009 were well served by two representative student bodies.

University of Queensland Law Society

(UQLS)

The University of Queensland Law Society

was formed in 1937 and is run by law

students. The UQLS aims to promote the

interests of UQ law students in a variety of

ways:






Teaching and Learning: The UQLS

acts as an advocate for the student

body and actively seeks the opinions

of students in a variety of forums to

promote excellence in teaching and

learning.

Social Functions: A variety of social

functions are organized throughout

the year including the Law Ball,

Cocktail Party and Law Dinner.

Keynote speakers at recent Law

Dinners have included journalist Kerry

O’Brien, The Hon. Justice Michael

Kirby, The Hon. Gough Whitlam and

The Right Hon. Malcolm Fraser.

Cultural and Sporting Events: A

number of events are hosted by the

UQLS such as the annual Law Revue,

Annual Law Cup match between law

students and practitioners, and the

UQ-QUT netball match.

Careers Day and Professional Drinks

Evening: This event is organised each

year to help students find out about

career and employment opportunities.

Publications: The UQLS produces

four major publications each year: the

LLB Guide, a variety of perspectives

on each law course; Legal Directions

and Alternative Routes to the Top,

the UQLS careers guide; Obiter, the

UQLS ‘funny’ magazine; and Res

Ipsa, the UQLS Yearbook.

Website:

www.uqls.com

Justice and The Law Society (JATL)

Justice and The Law Society (formerly

Women and the Law) is a productive

and vital organisation within the TC

Beirne School of Law. An active

organisation with diverse membership,

JATL performs an important role in

promoting awareness of women’s

issues, general legal issues and social

justice issues and also provides a

forum for members to raise concerns.

JATL achieves it goals by hosting

professional networking functions, social

and sporting functions and educative

seminars, and by organising an academic

paper competition and publishing an

annual academic journal and quarterly

newsletters.

JATL membership includes females and

males, law and non-law students and

professionals within the law and in other

fields.

Website:

http://jatluq.wordpress.com

Future Plans

TEACHING AND

LEARNING

UQLS students take a break from

rehearsals for the 2009 TC Beirne After

Reading Revue.

As well as being President of the UQ Law

Society, Verity Doyle was also elected as

President of the Australian Law Students’

Association (ALSA) in 2008. ALSA is the

national peak body which represents

Australian law students internationally

and Verity continued the tradition of

Law School representation on the ALSA

Executive and Committee.

2010 will see the establishment within the School of the Teaching Support Unit (TSU).

The TSU will be the focal point of curriculum and pedagogical developments within

the School and will provide intellectual and logistical support to teaching staff in their

efforts to develop and deliver a high quality, research led legal education. The TSU will

fulfil this role by advising and assisting in the development and revision of curricula and

assessment, organising school teaching and learning workshops, and assisting teaching

staff in the development of innovative course materials and pedagogical approaches.

Other teaching and learning developments proposed for 2010 include the establishment

of a voluntary teaching mentor scheme and an investigation into the feasibility, and the

impact upon teaching and research, of offering more elective courses over the summer

semester.

TC Beirne School of Law Biennial Report 2008-2009 | Page


RESEARCH

2008 Highlights






Collaborative international research to

fight organised crime in Australia and

the Asia Pacific Region

UQ Research Excellence Award to

analyse foreign sex worker exploitation

and human trafficking in Australia and

Canada

ARC Linkage International Fellowship

for interdisciplinary research with US

universities on consumer bankruptcy

Australian Research Council Discovery

Project grant to study the effect of

patents on the agricultural industry

Establishment of TC Beirne Working

Paper Series

Strategic Goal:

To increase the quality of all

research outputs within the

School to a level consistent

with the School’s aspiration

to be an internationally

recognised centre of research

excellence.

Page 8 | TC Beirne School of Law Biennial Report 2008-2009

2009 Highlights







Launch of the Australian Private Law

Network in collaboration with the

University of Melbourne

Launch of Current Legal Issues

Seminar Series in collaboration with

the Queensland Bar Association

2009 Fulbright Symposium on US-

Australia Free Trade Agreement

Launch of a biographical website

about NT judge Justice Martin

Kriewaldt

Collaborative international research

investigating environmental crime and

corruption in Tanzania

Release of research report Mothers

and the Child Protection System

Overview

The TC Beirne School of Law creates

and disseminates leading-edge research

across a wide range of legal fields. The

School’s academic staff are a diverse

and energetic community of scholars

who seek to make significant and lasting

contributions to the understanding

and development of law nationally

and internationally, adding both to the

effectiveness of law as a discipline and to

a better understanding of its relationship

with other disciplines such as science,

philosophy, economics, sociology, politics,

business, and social policy.

Research activities and initiatives during

2008 and 2009 supported the School’s

operational strategies of increasing

opportunities for interaction with outside

bodies and identifying areas of emerging

legal, social, economic and other

intellectual importance.

Website:

www.law.uq.edu.au/law-research





Happy Birthday Brothels – report on

the 10th anniversary of prostitution

regulation in Queensland

Interdisciplinary research project

investigating the marine, legal

and anthropological aspects of

conservation in Marovo Lagoon,

Solomon Islands

UQ Research Excellence Award to

study baby boomers and the state

of their investments amid the global

financial crisis

National Drug Law Enforcement

Research Fund grant to undertake a

detailed analysis of the drug khat, an

emerging Australian drug concern

Research Strengths and

Centres

While individual research projects span a

very broad intellectual spectrum, within

the School there are a number of current

and emerging areas of strength and

specialisations. Some of these areas of

strength have been rationalised into formal

research centres or informal research

networks, which engage in collaborative,

inter-institutional or interdisciplinary

projects. Many projects are also

undertaken in association with industry

and/or government stakeholders both

within Australia and overseas.

Existing Research Strengths

The following are established areas of

research strength within the School:

– Public Law

– Private Law

– Legal Theory

– Transnational and Comparative Law


Intellectual Property


Emerging Research Strengths

Recent appointments, grants and

initiatives have spawned a number of

emerging fields of strength, which include:

Law and Social Justice

Law and Regulation

– Criminal Law

Law in History

Website:

www.law.uq.edu.au/research-centresstrengths

Centres and Informal Networks

Australian Centre for Intellectual

Property in Agriculture (ACIPA)

ACIPA is a cooperative centre between

The University of Queensland, Griffith

University and The Australian National

University. The Director, Professor Brad

Sherman, is based at the TC Beirne

School of Law. The Centre has a team

of active researchers who aim to engage

in innovative, independent and critical

research, whilst remaining focused on the

development of pragmatic and workable

solutions. ACIPA hosts a number of

conferences, seminars and intellectual

property training workshops throughout

Australia each year for the grains,

horticulture and rural industries.

Website:

www.acipa.edu.au

Centre for Public, International and

Comparative Law (CPICL)

CPICL brings together a large group of

faculty members and doctoral students

who are actively engaged in research and

teaching. The Centre seeks collaborative

links and scholarly exchanges with other

disciplines within the University, and

with like-minded research organisations

around the world. Fellows and other

Centre members also contribute to the

graduate coursework program of the

School of Law by conducting courses

in their areas of research. CPICL

disseminates its research through

public seminars and conferences and

a publication program is also being

developed. Since 2004, the Centre

has published the LAWASIA Journal in

partnership with the Law Association for

Asia and the Pacific. CPICL is building

links with several relevant government

and public institutions and also offers

consultancy services in its areas of

expertise.

Website:

www.law.uq.edu.au/cpicl

The Marine and Shipping Law Unit

(MASLU)

MASLU is a community of scholars within

the School of Law which aims to achieve

international recognition for scholarship,

research and consultative skills in

maritime law, international law of the sea,

and related areas. The Unit promotes

teaching and research in all aspects

of maritime law and the law of the sea,

and provides the legal community, law

students, and the marine and shipping

industries with detailed information

and specialist expertise relating to

developments in, and the application of,

maritime law. MASLU’s role also includes

collaborating with other marine centres

on multi-disciplinary projects, and liaising

with legal and marine scholars from

around the world.

Website:

www.law.uq.edu.au/maslu

RESEARCH

MASLU Scholars (from left) Adjunct Professor Edgar Gold, Professor Sarah Derrington and

Adjuct Professor Michael White QC.

The Australian Private Law Network

(APLN)

APLN is a collaboration between

the Universities of Queensland and

Melbourne and brings together experts

from two of Australia’s strongest law

schools researching in the area of

private law. Both schools are committed

to producing the finest scholarly

publications on private law and to

influencing important debates that shape

future legislation and judicial opinion. The

Network covers the disciplines of contract

law, equity, property law, restitution, torts

and trusts. It fosters research of all types

within these fields whether of a doctrinal,

empirical, comparative or theoretical

nature. It also fosters and encourages

research which explores the interaction

between these fields; or between

private law and other disciplines such as

economics, politics, philosophy or social

policy.

Website:

www.law.uq.edu.au/apln

TC Beirne School of Law Biennial Report 2008-2009 | Page 9


RESEARCH

Research Showcase - Selected Highlights

The School is committed to consolidating and extending its research profile and this focus drives teaching and curriculum development

and research collaborations. The School’s research achievements in the national and international arenas in 2008 and 2009 were

substantial, as demonstrated by the selected highlights below.

International Trade Law

Dr Anthony Cassimatis was invited to

speak at the annual International Trade

Law Symposium in Canberra organised

by the Commonwealth Attorney-

General. His presentation focused on

the implications under international trade

law of a campaign against Australian

wool exports fought by the US-based

NGO, People for the Ethical Treatment

of Animals (PETA). The PETA campaign

was directed against the practice of

mulesing (which involves cutting off

folds of skin on lambs to avoid them

becoming victims of “fly-strike” later in

life). The PETA campaign gained impetus

during 2008 when a major European

retailer announced that it would only buy

“mulesing free” Australian wool. The

World Trade Organization Agreement,

an international treaty, has various

provisions that address efforts to restrict

international trade in such circumstances.

Dr Cassimatis is continuing his research

into this issue and will be presenting

another paper on the topic in 2010.

Page 20 | TC Beirne School of Law Biennial Report 2008-2009

Mafias and Motorbikes: Anti-

Organised Crime Laws

School of Law researcher Associate

Professor Andreas Schloenhardt,

supported by the Australian Institute

of Criminology, the Australian Federal

Police and the United Nations Office on

Drugs and Crime worked on a project to

develop recommendations for law reform

and policy change in the fight against

organised crime in Australia and the Asia

Pacific.

The research focused primarily on efforts

in North America, Japan, China, New

Zealand, and, more recently, Australia to

prohibit criminal organizations such as the

Mafia, outlaw motorcycle gangs, yakuza,

and Chinese Triads. After analysing the

effectiveness of organised crime offences

under domestic law and international

law and conventions, recommendations

were put forward for proposed changes

to federal, state and territory legislation.

These recommendations formed the

basis of an amendment to the Criminal

Code (Cth).

Solomon Islands traditional leaders, lawyers from the public sector and local experts

in traditional governance attended workshops focussed on enhancing initiatives for

conservation of Marovo Lagoon within the existing legal framework.

Conservation in Solomon Islands

School of Law academic Associate Professor Jennifer Corrin is taking part in a three year interdisciplinary

project investigating the marine, legal and anthropological aspects of conservation

in Solomon Islands. The project involves researchers from UQ’s Centre for Marine Studies and

from the University’s Schools of Engineering and Social Science.

The aim of the project is to provide an integrated approach to the environmental management

of the Marovo Lagoon that will support protection of the region’s high biodiversity and allow for

the sustainable use of the Lagoon’s resources to support the local communities.

Dr Corrin is involved in community justice initiatives and traditional governance issues and

a series of workshops have already been held for traditional leaders to clarify the difference

between their customary law making powers and the law making powers of the national and

provincial governments.

Bill of Rights

Professor James Allan continued to

research and publish widely in the

area of rights-based judicial review,

federalism, and legal philosophy during

2008 and 2009. Publication highlights

included the US San Diego Law Review

(‘Jeremy Waldron and the Philosopher’s

Stone’), the Sydney Law Review (with

Nick Aroney, ‘An Uncommon Court’),

the UK’s King’s Law Journal (‘Meagher’s

Mischaracterisation of Majoritarianism’),

the Public Law Review, the University

of Western Australia Law Review and

a chapter in a Cambridge University

Press, NY book. Professor Allan was also

invited to give almost 20 talks and staff

seminars in this time period, including

one as part of the Senate Occasional

lecture series at Parliament House, one

at Cornell University Law School, two in

Hong Kong, and a debate with former

High Court Justice Michael Kirby, soon to

be published by the Melbourne University

Law Review.


Cyber Law

Investigations by cyber law expert Dr Alan

Davidson found that court decisions in

France and Australia concerning the online

auction site eBay sent clear messages

to users. Following a decision in France

to order eBay to pay $63 million after

permitting the sale of counterfeit products,

and a decision by the New South Wales

Supreme Court to uphold eBay as a

binding contract of sale, Dr Davidson said

these decisions showed that the law was

catching up to the site.

The NSW case in particular, where a

registered eBay seller of a vintage aircraft

refused to sell to the final bidder, was

quite clear cut and showed that an eBay

sale was a legally binding contract. Dr

Davidson advised eBay users to always

read the terms and conditions and if items

bought were clearly imitations (which was

against the law) purchasers should be

aware that they were doing so in a public

place where records were kept.

Trafficking in Persons in Australia

Associate Professor Andreas Schloenhardt

received a $50,000 UQ Foundation

Research Excellence Award to conduct

the first comprehensive analysis of the

exploitation of foreign sex workers and

trafficking in persons in Australia.

Trafficking of persons, especially

women and children, frequently involves

international crime syndicates that

benefit from the exploitation of their

victims. Although made a criminal offence

under Australian law in 2004, human

trafficking remains a phenomenon not well

understood and poorly researched. By

examining relevant regulations, criminal

offences, and protection mechanisms,

this on-going work will encourage policy

makers to adopt measures to confront this

problem more effectively.

Upper House Accountability

Collaborative research involving scholars

from the United States, Canada, the

United Kingdom and Australia suggested

a vibrant upper house improves

accountability of governments. School

of Law researcher Associate Professor

Nicholas Aroney worked in collaboration

with Dr Scott Prasser of the University of

the Sunshine Coast and J.R. Nethercote

of The Menzies Research Institute and

their findings were published in a book

Restraining Elective Dictatorship: The

Upper House Solution.

The research indicated modern

democracies were dominated by tight

party discipline and an increasingly

politicised public service, resulting

in a kind of “elective dictatorship”.

The findings suggested a potential

solution was the operation of a vibrant

upper house as a means of improving

accountability and acting as a break on

executive government dominance.

The book contains chapters on the upper

houses in the United Kingdom, USA

and Canada, as well as those in several

Australian states, and discusses the need

for an upper house in Queensland.

Consumer Credit

School of Law lecturer Mr Paul O’Shea

was appointed chief investigator of

a UniQuest project to investigate

the simplification of pre-contractual

disclosure in consumer credit,

commissioned by the Standing

Committee of Officials of Consumer

Affairs (SCOCA).

The objective of this on-going research is

to develop a significantly improved precontractual

disclosure model which will

provide consumers with a better tool for

comparing credit products and providers.

The three-dimensional methodology,

involving comprehension tests, focus

groups and intensive cognitive interviews,

is being used for this project, which is

larger in scale and more detailed than

similar experimental type research in

the UK and Europe and comparable to

the most advanced work on this subject

carried out in the United States.

Since SCOCA commissioned the

research, the Council of Australian

Governments has agreed that regulatory

control of consumer credit would be

transferred to the Commonwealth.

It is anticipated, however, that

the research outcomes will inform

the Commonwealth’s drafting of

amendments aimed at improving the

current pre-contractual disclosure

regime.

Professor Brad Sherman

RESEARCH

Sustaining Australian Agriculture

A team of researchers headed by

Professor Brad Sherman from the

Australian Centre for Intellectual Property

in Agriculture was awarded an Australian

Research Council Discovery Project grant

of $306,000 to study the effect of patents

on the agricultural industry.

The project is examining the shift over

the past 10 years towards patenting new

plants, microorganisms and animals

and investigating this trend to see if

it will enhance or hinder Australia’s

agricultural industry. By looking at the

effects on the agricultural industry, the

project will provide a critical analysis

of the ongoing relevance of intellectual

property in this important field and will

provide policy makers and stakeholders

with recommendations on how to

respond to and manage these changes.

Ultimately, the project aims to assist

with the promotion of plant breeding in

Australia and enhance the sustainability

and competitiveness of the Australian

agricultural industry.

TC Beirne School of Law Biennial Report 2008-2009 | Page 2


RESEARCH

Website on NT Judge

A new biographical website on an

important 1950s Northern Territory judge

was launched in early 2009. Compiled

by Associate Professor Heather Douglas,

the site centres around the life, times

and judgements of Justice Martin

Kriewaldt, who served as the sole judge

of the Northern Territory Supreme Court

between 1951 and 1960.

During his time on the bench Justice

Kriewaldt presided over a large number

of murder cases, many concerning

Indigenous defendants. Through these

cases, Justice Kriewaldt developed a

number of legal principles which still bear

relevance in cases involving Indigenous

defendants today.

The website contains a string of

previously unpublished cases, as well

as photos and archive material which

will add considerably to the pool of

online resources accessible to students,

teachers, academics and members of

the public about this important period in

Australian legal history.

Website:

www.law.uq.edu.au/justice-martinkriewaldt

Justice Martin Kriewaldt,

sole Judge of the Northern Territory

Supreme Court between 1951 and 1960.

Page 22 | TC Beirne School of Law Biennial Report 2008-2009

Corruption in Tanzania’s Wildlife,

Forestry, and Fisheries Sectors

School of Law researchers were working

with the United Nations Office on Drugs and

Crime (UNODC) and the United Republic

of Tanzania’s Prevention and Combating of

Corruption Bureau to assess the systems

and activities of the country’s judicial, legal,

law enforcement and government agencies

in investigating and prosecuting cases of

corruption in Tanzania’s wildlife, forestry, and

fisheries sectors.

The project, led by Associate Professor

Andreas Schloenhardt, assessed the

capacity to prosecute and sentence

environmental crimes; the activities,

procedures and functions of the prosecution

teams; and the code of conduct and

transparency of law enforcement officials

in accepting bribes and issuing illegal

permits. The research findings have been

used to propose a strategy for preventing

and strengthening the activities involved

in the investigation and prosecutions of

environmental crime.

Reforming Social Welfare

Investigations by Dr Peter Billings revealed

that careful scrutiny was warranted following

claims that increased school attendance in

two Indigenous communities were a result

of the punitive aspects of the Cape York

Welfare Reform Project.

Dr Billings found that simply to link the threat,

or imposition, of income management

to increased school attendance was an

oversimplification of the facts as Conditional

Income Management (CIM) Orders could

be imposed for matters unrelated to school

attendance, such as housing tenancy issues

and alcohol or driving related offences.

CIM Orders were also only used as a last

resort, after referrals to support services had

been tried and deemed unsuccessful. Dr

Billings said these supportive interventions

may have yielded increased schooling

attendance rather than the threat, or actual

imposition, of income management.

Proof of Traditional Law Customs

Associate Professor Jennifer Corrin from

the Centre for Public, International and

Comparative Law was awarded a Legal

Practitioner Interest on Trust Accounts

Fund (LPITAF) Grant to uncover the best

approach to proof of traditional laws and

customs in courts.

Evidence of traditional laws and customs

is relevant to cases in native title, criminal

law defences and sentencing, succession,

family law and heritage protection. This

on-going research will advance law reform

and facilitate access to the legal system

for members of the Indigenous community,

who have the closest connection with

customary law and who are often

economically and socially disadvantaged.

Australian Electoral Law

On-going research by Associate Professor

Graeme Orr will form the basis of a new

book on Australian electoral law. The

research examines the ‘law of democracy’,

governing elections, political funding and

parties, an area of law which has, until

recently, been largely neglected in both

academic and legal circles. The book, when

published, will be the first on this topic in

Australia.

Dr Orr said the law sought to balance

fundamental values such as political

equality and political freedom and in theory,

everyone’s voice should be equal. But in

Australia, unlike in the USA, these values

were not constitutionalised so the courts

tended not to remake electoral law.

The research is also examining how electoral

processes shape the experiences of

electors, the rules and practices about how

polling occurs, and the role money plays in

elections.

Australian Offshore Laws

A new book by leading maritime law

expert Dr Michael White has found

that Australian offshore legislation, in

particular the laws relating to fisheries,

immigration, defence and customs, and

the Australian Offshore Constitutional

Settlement 1979, is in urgent need of

review.

The book, Australian Offshore Laws,

was published in December 2009 and

is the first in Australia to bring together

a reference to all the laws that apply to

offshore Australian waters. It provides a

starting point for those who need to find

and understand what offshore legislation

is applicable to any single offshore

activity, situation or circumstance.

Dr White’s research indicates Australian

offshore laws frequently overlap, are

confusing and lack reference to each

other, and that many offshore laws

should be consolidated into one group

of laws to enable better regulation and

enforcement in offshore regions.


Australian Federalism

Research by Associate Professor Nicholas Aroney has indicated that giving

more power to Australia’s states and territories would be a better way to

address Australia’s federal problems than simply increasing the power of the

Commonwealth. His research findings were published in a book, The Constitution

of a Federal Commonwealth, which was launched by The Hon Ian Callinan AC,

QC in November 2009.

Associate Professor Aroney said Australian federalism was widely thought to be

in need of a radical overhaul, with calls in some quarters to abolish the states and

centralise power in the Commonwealth. But his research indicated the reverse

would be more appropriate. Giving more power to the states and territories

would be more in keeping with the founders’ vision, who saw federation as a

way of enabling the diverse peoples of Australia to participate in their own selfgovernment

at a local, state and national level.

Brothel Licensing

Research by the School of Law’s Human

Trafficking Working Group found that after

10 years of brothel licensing in Queensland,

90 percent of the state’s prostitution

industry remains unregulated or illegal.

Associate Professor Andreas Schloenhardt,

together with a team of students, undertook

a review of patterns in contemporary

prostitution in Queensland following the

application of the Prostitution Act 1999.

As well as attracting enormous media

interest, the report also generated a number

of questions being put to the Government

in Parliament, resulting in the introduction

of legislation to address some of the issues

raised by Associate Professor Schloenhardt

and his team.

The research report was also the subject

of a public seminar held as part of UQ’s

Research Week in September 2009. The

seminar was well attended by UQ staff and

students as well as by members of the

Queensland Prostitution Licensing Authority,

Queensland Police Force Prostitution

Enforcement Team, Premier’s Department,

Australian Federal Police, Queensland Adult

Business Association, brothel owners and

members of parliament.

Baby Boomer Investments

Dr David Morrison was awarded one of

nine $70,000 UQ Foundation Research

Excellence Awards in 2009 to study baby

boomers and the state of their investments

amid the global financial crisis. Dr

Morrison’s research aims to make legal

reform recommendations that improve the

means of dealing with financial distress in a

consistent and fair way for all investors. The

research also aims to show insight to avoid

the investor fallout experienced in the recent

Storm Financial collapse.

Dr Morrison’s interest in this area was

sparked as an undergraduate at UQ, and

later honed during work as an analyst,

chartered accountant and lawyer. As baby

boomers hold the largest share of wealth in

Australia, Dr Morrison said it was essential

that they received sound financial advice

and that adequate measures were put into

place for their retirement.

Bankrupt Debtors

Rising rates of consumer bankruptcy are

under the spotlight in a research study

by a School of Law academic. Dr David

Morrison was awarded a 2008 ARC

Linkage International Fellowship for his

project: A Consumer Bankruptcy Project

— an interdisciplinary empiric inquiry into

determinants and impacts of bankruptcy

upon Australian debtors.

The fellowship, awarded for the year

2009, offered Dr Morrison the opportunity

to collaborate with scholars in the US

conducting interdisciplinary empiric

research around consumer bankruptcy

and with academics from the Universities

of Illinois, Harvard, Texas at Austin, and

Michigan. The fellowship facilitated

Dr Morrison’s joining of the Consumer

Bankruptcy Project to access US

infrastructure and method and to allow

for the application of this research in

Australia.

The focus of this project involves

gathering important legal and empiric

data to conduct interdisciplinary

bankruptcy research that informs wider

impact including debt and health,

reckless consumer lending, labour force

demographics, economic marginality,

small business impact and the financial

well-being of Australian families.

Dr Michael White (left) with Professor Ove

Hoegh-Guldberg, Director, UQ Centre for

Marine Studies, at the launch of

Australian Offshore Laws.

Associate Professor Nicholas Aroney

Judicial Appointments in Illegal

Regimes

Pacific law expert Associate Professor

Jennifer Corrin is examining the

competing considerations involved for

potential candidates in deciding whether

to accept judicial appointment in an

illegal regime and is investigating the

possible repercussions for those who

accept judicial office in countries such as

Zimbabwe, Swaziland, Uganda and Fiji.

Associate Professor Corrin said

candidates needed to be aware of the

possible consequences of accepting a

judicial appointment in a country without a

democratically elected government. There

appeared to be a gap in the Australian

legal regulatory framework about this issue

as there was very little guidance in the

rules of professional conduct prevailing in

Australia. Her findings to date indicate that

express guidance is required to dispel the

uncertainty as to whether appointment to

judicial office in an illegal regime amounts

to professional misconduct, and if it does,

the consequences need to be made clear.

TC Beirne School of Law Biennial Report 2008-2009 | Page 2


RESEARCH

Child Protection Report

Research by two School of Law

academics suggests that inappropriate

intervention in child protection cases has

left many parents, especially mothers,

feeling bewildered, confused and

distrustful of the child protection system.

Conducted by Associate Professor

Heather Douglas and Dr Tamara

Walsh, the research found that parents

experiencing poverty, homelessness

and domestic violence were often

targeted for intervention by child

protection departments but that child

protection workers did not have the skills

or resources to support families. As a

result, some children were unnecessarily

removed from their parents.

The findings also indicated that if the work

of child protection authorities is to have

any protective effect, child safety officers

must work collaboratively with parents

and children, with much more asking,

rather than telling, taking place.

Emerging Drug Concern

School of Law Associate Professor

Heather Douglas and Associate Professor

Nic Lintzeris from the Sydney Medical

School were awarded $78,000 from

the National Drug Law Enforcement

Research Fund for a two year project to

study the use and impact in Australia of

the drug khat.

A key element of this on-going project

will be to work with police and members

of the community to develop information

and tools for police to help them

identify circumstances and appropriate

responses where khat may be being

used. When all stages of the project

have been completed in October 2011,

it is anticipated there will be a clearer

understanding not only of the law

enforcement issues surrounding the

use of khat in Australia but also of the

social and health effects, particularly as

they may relate to violence, anti-social

behaviour and mental health.

Catha edulis or khat is a shrub grown in

many African countries which is regularly

imported to Australia by migrants from

African countries. It is understood to be

mildly addictive and has been associated

with high blood pressure, stroke and

psychosis. Its use has also been

associated with domestic violence.

Page 2 | TC Beirne School of Law Biennial Report 2008-2009

The Mothers and the Child Protection System report, written by

Associate Professor Heather Douglas (pictured) and Dr Tamara

Walsh, was published in July 2009.

Law of Electronic Commerce

Research by Dr Alan Davidson has

resulted in a book which delivers the

most comprehensive analysis and

evaluation of the law of electronic

commerce undertaken in print. The book

encompasses not only legal electronic

commerce issues, but also the broader

concepts of Internet usage, rights and

cybercrime.

Dr Davidson’s book, The Law of

Electronic Commerce, provides a

thorough statement of the law of

electronic commerce including the

underlying legal theory and rationale

and Davidson’s theory of the rule of

cyberspace. It also provides critical

analysis of the legislation and cases

to date, suggestions for reform,

and demonstrates innovative and

groundbreaking research in an everchanging

and developing field of law.

Published by Cambridge University Press

in 2009, it is promoted as being written by

‘Australia’s leading academic in electronic

commerce’.

Dr Alan Davidson


Distinguished Visiting Fellows

The TC Beirne School of Law Distinguished Visiting Fellowships were introduced in 2009

and is an annual scheme designed to provide leading legal scholars of international

standing with the opportunity to visit The University of Queensland to conduct research

in their field of choice. The School hosted two Visiting Fellows during 2009.

Website:

www.law.uq.edu.au/distinguished-visiting-fellowship

Professor Celia Wells

Celia Wells graduated from Warwick

University in 1971 and undertook a

Masters in Law at London University in

1973. She held posts at Newcastle upon

Tyne, Cardiff and Durham Universities

before joining Bristol as Professor of

Criminal Law in January 2009. Professor

Wells was awarded the OBE for services

to legal education in 2006 and was

President of the Society of Legal Scholars

of Great Britain and Ireland in 2006-

07. She was Chair of the law panel for

the RAE 2008 (Research Assessment

Exercise) and is a member of the Bar

Standards Board Education and Training

Committee.

Professor Wells’ research is mainly in

criminal law with a particular specialism

in corporate criminal liability. She is the

author of Corporations and Criminal

Professor Keith D. Ewing

Keith D. Ewing is Professor of Public Law

at King’s College London and co-author

of two of Britain’s leading textbooks in

constitutional and administrative law,

and labour law. Professor Ewing was

educated at Edinburgh and Cambridge

Universities, and worked at both

(Edinburgh University 1978 – 1982,

Cambridge University 1982 –1989), before

being appointed as Professor of Public

Law at King’s College in 1989. He is a

frequent visitor to Australia, and has held

visiting appointments at UWA, Melbourne,

Monash and Sydney Universities; he

has also held visiting positions in several

Canadian universities.

Responsibility (2nd edn OUP 2001) and

of Reconstructing Criminal Law (with

Nicola Lacey and Oliver Quick, 4th edn in

press, Cambridge University Press). She

has provided expert advice on corporate

criminal responsibility to a number

of national and international bodies

including: OECD Bribery Convention

Working Group; the CPS in relation to

the Ladbroke Grove rail crash; Specialist

Adviser to the House of Commons

Select Committee Inquiry into the Draft

Corporate Manslaughter Bill (2005);

and the International Commission of

Jurists’ Expert Legal Panel on Corporate

Complicity in International Crimes (2006).

The evidence she gave to the Joint

Scrutiny Committee on the draft Bribery

Bill 2009 led to a recommendation to

tighten the corporate provisions.

Professor Ewing is recognised as a

leading scholar in public law and labour

law, including the law relating to political

parties and election campaigns. His most

recent work relates to reforming labour

law to strengthen trade union freedom,

constitutional reform relating to public

participation in the political process, and

the status of social and economic rights.

He works closely with trade unions in the

United Kingdom and elsewhere, and is

President of the Institute of Employment

Rights (a trade union funded think tank),

and Vice President of the International

Centre for Trade Union Rights.

RESEARCH

TC Beirne School of Law Biennial Report 2008-2009 | Page 2


RESEARCH

The University of Queensland Law Journal, first

published by the TC Beirne School of Law in 1948.

School Publications

The University of Queensland Law

Journal

The University of Queensland Law Journal

(UQLJ) is one of Australia’s premier law

periodicals. Established in 1948, it is the

oldest university law journal in Australia.

The Journal’s Editorial Committee is

comprised of an international panel

of academics to ensure high quality is

maintained. All submissions are subject

to a formal process of double-blind peer

review prior to acceptance for publication.

The Journal has been published twice a

year since 2004, with a general edition

appearing in July and a thematic edition in

December. Articles on all areas of law are

published, in addition to casenotes, book

reviews and legal comments. Symposium

editions are also occasionally produced,

dedicated to a particular aspect of law.

Past symposium editions have focused

on the Mabo decision and the republican

movement of the late 20th Century.

In 2008, the July edition featured Essays in

Honour of Ian Callinan while the December

edition featured an article by Chief

Justice Roslyn Atkinson and Mr Justice

Murphy, along with academic articles

covering topics such as marine pollution,

international law and native title, legal

interpretation, lawful-act duress in NSW,

faith, conscience and legislation, and

nationality and citizenship.

In 2009 the UQLJ featured a general

edition in July that included articles by

Justice Dyson Heydon, Paul Myburgh and

Anne Twomey while the December edition

was a special issue on ethics and the law,

featuring articles by leading experts in the

field from overseas and Australia.

Website:

www.law.uq.edu.au/uqlj

Page 2 | TC Beirne School of Law Biennial Report 2008-2009

The LAWASIA Journal

The LAWASIA Journal is produced by

the Centre for Public, International and

Comparative Law (CPICL) on behalf of

LAWASIA, a professional association

of representatives of bar councils, law

associations, individual lawyers, law firms

and corporations.

The Editorial Board includes prestigious

scholars and members of the judiciary

from the Asia Pacific region and previous

editions of the Journal have featured

contributions by prominent judges and

legal academics.

The 2008 edition featured an article by

Chief Justice Robert French of the High

Court of Australia, along with academic

pieces from authors in Australia,

Bangladesh, China, Japan and the United

Kingdom. The 2009 issue included an

article by the Honourable Michael Kirby

AC CMG, former Justice of the High

Court of Australia, along with articles on

legal issues in countries including China,

Vanuatu, Vietnam and Malaysia.

Website:

www.law.uq.edu.au/lawasia-journal

Queensland Law Student Review

The Queensland Law Student Review

(QLSR) was established in 2007 to

encourage and publish high-quality,

in-depth research on contemporary legal

and justice issues by undergraduate

and postgraduate students at UQ. The

QLSR offers an entry-point into academic

publishing and connects students with

audiences and academic readers around

Australia and abroad. Two issues are

published each year, one in March and

the other in September, and submissions

undergo a peer-review process to

promote academic research and writing

of the highest quality.

The QLSR aims to publish articles

that make an original contribution to

the existing scholarship in all fields of

law, including domestic, international

and comparative law, jurisprudence,

legal history, and also interdisciplinary

research.

Website:

www.law.uq.edu.au/qlsr


Research Seminar Series

2008 Research Seminars

Date Name Paper

8 February Professor Thomas Lundmark

University of Muenster, Germany

Stare Decisis and the German Federal Constitutional Court

15 February Dr Dominic O’Sullivan

Barrister

Aspects of the Law of Rescission

22 February Professor Barry Wright

Beyond Convicts and Remittance Men: Comparative Colonial Legal

Professor of Law and Criminology

Carleton University, Canada

History and the Rule of Law

7 March Mr Hong-Song Song

PhD Confirmation

14 March Professor Laurence Lustgarten

Professor of Law

University of Southampton, UK

4 April Dr Scott Prasser

Senior Lecturer

University of the Sunshine Coast

11 April Dr John Chesterman

Senior Lecturer, School of Political

Science, Criminology & Sociology

University of Melbourne

2 May Professor Margaret Davies

Professor of Law

Flinders University

9 May Mr David Lindsay

Senior Lecturer

Faculty of Law, Monash University

16 May Professor Nick Gaskell

Head, School of Law

Southampton University, UK

Press Control and Copyright in China 1949-1979

Human Rights: Where Do We Go From Here?

Royal Commissions and Public Inquiries: Their Use and Abuse

Citizens in Name Only: The Naming of Aboriginal People in 1950s

Northern Territory

Scale and Perspective in Legal Theory

‘Sucks’ - Type Domain Names and Criticism Sites under the UDRP: A

Critical Analysis of Persistent Controversies

Maritime Pollution Liability Conventions

30 May Mr David Russell RFD QC Tax and Climate Change: New Horizons For Tax Practitioners

13 June Justice E.W. Thomas

Acting Judge

New Zealand Supreme Court

4 July Associate Professor Christian Witting

Law School, University of Melbourne

25 July Captain Norman J Lopez

PhD Confirmation

8 August Mr James Farmer

PhD Confirmation

5 September Associate Professor Mal Parker

School of Medicine

The University of Queensland

19 September Associate Professor Mark Lunney

School of Law

University of New England

26 September Professor Mathias Chauchat

University of New Caledonia

3 October Mr Kris Glendhill

University of Auckland

An Unheralded Theory of Justice

Liability for Corporate Wrongs

From “Hague Rules” to “New York Rules”: A Phoenix from the Ashes?

Dissociative Identity Disorder and the M’Naghten Rules: A Case of a

Square Peg and a Round Hole?

Assessing Professionalism in Medical Students: Preparation for Selfregulation

Counterfactuals and Corrective Justice: Legal History and Allan

Beever’s Rediscovering the Law of Negligence

The Latest Constitutional Change in France

The UK’s Human Rights Act 1998: Ten Years On

RESEARCH

The TC Beirne School of Law’s fortnightly Research Seminar Series offers an opportunity to explore and discuss legal and

interdisciplinary issues and provides a forum for critical debate within an academic environment. The seminars are an integral part of the

School’s vibrant, collegial, and collaborative research culture and contribute to the high level of research output over a wide range of law

disciplines.

Website:

www.law.uq.edu.au/law-research-seminar-series

TC Beirne School of Law Biennial Report 2008-2009 | Page 2


RESEARCH

2008 Research Seminars

Date Name Paper

17 October Dr Peter Billings & Dr Tamara Walsh

Senior Lecturers

TC Beirne School of Law

The University of Queensland

24 October Associate Professor Gary Edmond

Faculty of Law

University of NSW

31 October Professor Mark Henaghan

Dean of the Faculty of Law

University of Otago

7 November Professor Mathias Chauchat

University of New Caledonia

14 November Associate Professor Simone Degeling

Co-Director

Private Law Research & Policy Group

5 December Ms Mazlifah Mansoor

PhD Confirmation

2009 Research Seminars

Page 28 | TC Beirne School of Law Biennial Report 2008-2009

Still Paying the Price for Benign Experiments? - Contextualising

Contemporary Indigenous Law and Policy

Suspect Sciences? Problems with Emerging Indentification

Technologies

What’s Fair in Love and War?: Dividing Relationship Property

New Caledonian Tall Stories

Unjust Enrichment in the High Court Decision in Cook v Lumbers

An Evaluation of The ASEAN Initiative to Combat Transnational

Organised Crime

Date Name Paper

6 February Ms Jennifer Dickfoss

PhD Confirmation

Corporate Groups: A Case for Protection of Unsecured Creditors

13 February Mr Kai Luck

The Protection of Employees in the Event of Corporate Insolvency

PhD Confirmation

Under a Rawlsian Framework of Justice

20 February Professor Rosalind Croucher

Professor of Law

Macquarie University

6 March Professor Vicki Waye

Professor of Law

University of South Australia

20 March Mr Peter Glover

PhD Confirmation

2 April Ms Jessie Zhang

PhD Confirmation

3 April Dr Dale Smith

Lecturer, Faculty of Law

Monash University

24 April Mr Andrew Podger AO

National President

Institute of Public Administration

1 May Professor Geoff Hall

Professor of Law

University of Otago

8 May Dr Kevin Heller

Law School

University of Melbourne

15 May Ms Rachael Field

PhD Confirmation

12 June Professor Andrew Robertson

Law School

University of Melbourne

26 June Dr Peter Billings

Senior Lecturer

TC Beirne School of Law

The University of Queensland

How Free is Free? Testamentary Freedom and the Battle Between

‘Family’ and ‘Property’

Dawning of the Age of the Litigation Entrepreneur?

An Examination of the Application of the Trade Practices Act 1974

(Cth) to the International Regimes Governing the Carriage of Goods by

Sea

Establishing a Public Interest Litigation System in China

Law’s Claim to Authority

Trends in Legal Decision-making by Public Servants

It’s Just a Jump to the Left. And Then a Step to the Right…”: New

Zealand’s Sentencing Time Warp

Situational Gravity Under the Rome Statute

Professional Mediator Ethics: An Answer to the Neutrality Dilemma in

the New Age of Accreditation

Constraints on Policy-based Reasoning in Private Law

Reforming Social Welfare in Australia: Trials for Aboriginal Families?


2009 Research Seminars

Date Name Paper

7 August Dr Andrew Johnston

Senior Lecturer

TC Beirne School of Law

The University of Queensland

Reflexive Law and Corporate Social Responsibility

14 August Dr Eric Ghosh

School of Law

University of New England

Deliberative Democracy, Legislation and Human Rights

19 August Professor Justin Hughes

Cardozo School of Law

New York

21 August Dr Sarah Ferber

School of History, Philosophy,

Religion & Classics

The University of Queensland

26 August Ms Maria Drakopoulou

Senior Lecturer

University of Kent

28 August Professor Keith Ewing

Professor of Public Law

King’s College London

18 September Dr Tanya Aplin

School of Law

King’s College London

25 September Professor Ian Dennis

Professor of English Law

University College London

9 October Ms Justine Bell

Associate Lecturer

TC Beirne School of Law

The University of Queensland

21 October Dr Norm Stampler

Visiting US Speaker

Australian Drug Law Reform

Foundation

6 November Professor Celia Wells OBE

Professor of Criminal Law

University of Bristol

13 November Professor David Campbell

Law School

Durham University

20 November Ms Alison Christou

PhD Confirmation

Copyright Responsibility on the Internet – in Three Acts

What Use is History to Bioethics?

Nomos, Physis and Sexual Difference in the 17th Century Tradition of

Natural Law

Torture, the Rule of Law and the British Constitution

Unresolved Issues in the Law of Confidence

Confronting and Challenging Witnesses: Problems of Hearsay and

Anonymous Evidence in Criminal Process

Integrated Natural Resource Management in Australia: Small Steps or

Quantum Leaps?

Drug Law Reform and the Failed ‘War on Drugs’

Containing Corporate Crime: Civil or Criminal Controls?

After Kyoto: the Regulatory Problems of Carbon Trading

An Alternative Separation of Powers? – An Examination of the

Implications of a Fourth Branch of Government in Australia

RESEARCH

TC Beirne School of Law Biennial Report 2008-2009 | Page 29


RESEARCH

UQ Foundation Research Excellence

Awards

Associate Professor Andreas Schloenhardt

2008. Trafficking in Persons in Australia

and Canada: A Comparative Analysis,

$50,000.

Associate Professor Andreas Scholenhardt

Dr David Morrison

2009. Baby Boomers and the State

of Their Investments Amid the Global

Financial Crisis, $70,000.

Dr David Morrison

Page 0 | TC Beirne School of Law Biennial Report 2008-2009

Research Support

Internal TC Beirne Working Paper

Series

In 2008, the School introduced a

working paper series to facilitate collegial

discussion and feedback about research

ideas at an early or embryonic stage of

development. The series is designed

to operate informally, to promote

enthusiastic interaction between staff

members and to provide a forum for

sharing and developing individual and

shared research interests across all fields.

Research Advisor Scheme

The School of Law operates an informal

voluntary research advisor scheme which

enables academic staff to seek advice

and support for research-related matters

from colleagues. The scheme is designed

to particularly help junior members of

staff who may be assisted by those with

greater experience, but also facilitates

interaction between staff with similar or

complimentary research interests.

Research Funding

In keeping with the School’s principal

strategic objective of being a leading

international centre of legal research

and scholarship, several members of

academic staff successfully applied for

research funding during 2008 and 2009

and were awarded a number of external

and UQ internal grants for their research

projects.

2008 – 2009 External Grants &

Consultancies

Associate Professor Nicholas Aroney

2008. Diversity and Unity in Federal

Countries: The Case of Australia, The

Forum of Federations, Ottowa, Canada,

$11,000.

Associate Professor Robert Burrell and

Ms Kimberlee Weatherall

2008. The US–Australia Free Trade

Agreement Five Years On, Fulbright

Symposium, $30,000

Associate Professor Jennifer Corrin

2008. Developing and Field Testing

Community Management Systems to

Protect the Coral Reefs and Marine

Eco-Systems of Marovo Lagoon in

Solomon Islands (UQ inter-disciplinary

project), MacArthur Foundation Grant,

US$250,000.

2008. Pleading and Proof of Traditional

Laws and Customs in Queensland

Courts, Legal Practitioner Interest on

Trust Accounts Fund, $20,700.

Associate Professor Heather Douglas and

Associate Professor Nic Lintzeris (Sydney

Medical School)

2009. Law Enforcement and Khat: An

Analysis of Current Issues, National

Drug Law Enforcement Research Fund,

$78,000.

Professor Ross Grantham

2009. Bringing Australian Free-access

Legislation to International Best Practice

Standards, ARC Linkage Infrastructure,

Equipment and Facilities Grant $164,000,

University of Technology, Sydney, (UQ a

collaborating partner).

Dr David Morrison

2008. A Consumer Bankruptcy Project

– an Interdisciplinary Empiric Inquiry into

Determinants and Impacts of Bankruptcy

upon Australian Debtors, ARC Linkage

International Fellowship, $32,000.


Associate Professor Graeme Orr

2008. Funding for Monograph of the

Law Governing Parliamentary Elections

and Political Parties in Australia, Law

Foundation of South Australia Grants,

$10 000.

2009. Dollars and Democracy: The

Dynamics of Australian Political Finance

and its Regulation, ARC Discovery Grant

$130,000, University of Melbourne, (UQ a

collaborating partner).

Mr Paul O’Shea

2008. Simplification of Pre-contractual

Disclosure in Consumer Credit, Ministerial

Council for Consumer Affairs, $136,000.

Associate Professor Andreas Schloenhardt

2008. Protecting Foreign Workers

in Queensland’s Sex Industry, Legal

Practitioner Interest on Trust Accounts

Fund, $34,500.

2008. Organised Crime Legislation in the

Asia Pacific Region, Australian Institute of

Criminology Research Grant, $13,168.10.

2008. Organised Crime in Australia and

the Asia Pacific Region, Australian Federal

Police Research Grant, $8,472.

Professor Brad Sherman

2008. Promoting Plant Innovation in

Australia: Maximising the Benefits of

Intellectual Property for Australian

Agriculture, ARC Discovery Grant,

$306,000.

2008 – 2009 UQ Internal Grants

Associate Professor Nicholas Aroney

2008. Diversity and Unity in Federal

Countries: The Case of Australia, The

Forum of Federations, Ottowa, Canada,

$2,000.

Dr Peter Billings

2008. A Critical Examination of the

Emergency Response in the NT

With Particular Reference to Income

Management/Welfare Quarantining in the

NT and Queensland, $7,000.

2009. Protecting Civil Liberties and

Fundamental Freedoms in Queensland:

Next Steps on the Path to a Safe, Just

and Supportive Society, $3,500.

Dr Jonathan Crowe

2008. The Ethical Foundations of Law,

$14,825.

Dr Jonathan Crowe and Dr Lisa Toohey

2008. Empirical Challenges to Legal

Theory: A Pilot Study, $4,300.

Associate Professor Heather Douglas

2008. Criminal Law Recognition of

Indigenous Customary Law in Australia,

$4,090.

2008. An Exploration of Legal

Responses to Family Violence,

Breakdown and Homelessness:

Enhancing Outcomes for Children at

Risk and their Families, $15,000.

2009. Fetal Alcohol Spectrum Disorders

(FASD) and the Criminal Law, $4,694.

Dr Craig Forrest

2008. World Archaeological Congress

Participation and Presentation, $3,787.

Dr David Hamer

2008. Alternative Approaches to

Causation of Shaken Baby Syndrome

(‘SBS’): Biomechanics and Confessions,

$6,000.

Dr David Morrison

2008. Determination of Key Factors

Around Near–bankrupt Debtors and

Financial Literacy Components, $4,682.

Associate Professor Graeme Orr

2008. Campaign Finance in International

Perspective, $1,244.

Associate Professor Graeme and

Dr Andrew Johnston

2009. Trading Corporations’ – Corporate

Theory, Constitutional Definition and

Pragmatic Implications, $2,223.

Associate Professor Kerrie Sadiq

2009. An Investigation into Australia’s

Tax Expenditures Policy: The History,

Assessment and Reporting of Tax

Expenditures’, $6,000.

Associate Professor Andreas Schloenhardt

2008. Trafficking in Persons in Australia

and Canada: A Comparative Analysis,

$5,388.

2009. Trafficking in Wildlife and Flora in

Australia and the Asia Pacific Region,

$1,500.

Dr Shane Sullivan

2008. Refocusing Research from English

to Australian Legal History, $12,000.

Dr Tamara Walsh

2008. Welfare Overpayment: Cases

Prosecuted Through the AAT Compared

with those Pursued in the Criminal

Courts, $2,872.

2009. Homelessness and the Law (Book),

$5,750.

Website:

www.law.uq.edu.au/law-research-grantsprizes

Dr David Hamer

RESEARCH

TC Beirne School of Law Biennial Report 2008-2009 | Page


RESEARCH

Research Higher Degree Program

School of Law 2008-2009 PHD/MPHIL Students

Name Project Title Principal Advisor

Rohana Abdul Rahman Public Procurement Laws in Malaysia: Towards a

Competitive Approach

Anthony Cassimatis

Kerrin Anderson The Impact of Human Health Concerns on the

Application of Patent Law

Susan Anderson Terrorism: The Use of Force and the Right to

Self-Defence Under International Law

Stephen Carius Jurisdictional Conflict in the Resolution of

International Commercial Disputes

Alison Christou The Promotion of the ‘Integrity Arm’ of

Government – the Potential for Negative Impacts

Upon Existing Government Accountability

Mechanisms

Vicky Comino Does the Current Civil Penalty Regime Provide

the Best Approach for ASIC in the Regulation of

Corporate Misconduct?

Colleen Davis The Excuse of Unwilled Act in the Queensland

Criminal Code

Jennifer Dickfos A Critical Analysis of the Regulation of Corporate

Groups

Robert Evans The Impact of Land Disputes on the

Administration of Criminal Justice in the

Solomon Islands

James Farmer Dissociative Identity Disorder and Unsoundness

of Mind – a Re-appraisal

Kate Gibson A New System of International Criminal

Accountability: The Relationship Between

National, International and International Criminal

Mechanics in the Era of the ICC

Peter Glover An Examination of the Legal Implications of the

Trade Practices Act 1974 (Cth) on the Australian

Maritime Industry

Russell Hinchy Judicial Method and the Development of the Tort

of Negligence in England and Australia

John Kavanagh Legislative Competence of the Commonwealth

in Relation to Shipping, Navigation and Maritime

Jurisdiction

Sandra Kilminster The Protection of Indigenous Intellectual Property

Rights in Artwork Under International Law

Penelope Knowler Divided Loyalties, Conflict of Interest Regulation

in the Private and Public Sectors

Carmen Koch A Judge-Made Bill of Rights. Can the European

Court of Justice Serve as a Model for Australia?

Victoria La Fontaine The Public Space and State Control in Excess

of Power?

Norman Lopez The UNCITRAL Draft Instrument on the Carriage

of Goods (Wholly or Partly (By Sea)) – An

Ontological Evaluation of Public Versus Private

Law in any Future International Legal Instrument

Kai Luck Theoretical Perspectives and Critical Analysis of

the Legal Policy and Process to Receiverships

Mazlifah Mansoor An Evaluation of the ASEAN Initiatives to

Combat Transnational Organised Crime

Adrian McCullagh Legal Recognition of AVATARS: New Form of

Cyber-Commodity Property

Page 2 | TC Beirne School of Law Biennial Report 2008-2009

Brad Sherman

Anthony Cassimatis

Peter McDermott

Peter Billings

Keith Fletcher

Heather Douglas

David Morrison

Jennifer Corrin

John Devereux

Andreas Schloenhardt

Sarah Derrington

Ross Grantham

Sarah Derrington

Craig Forrest

Charles Rickett

Gabriel Moens

Tamara Walsh

Sarah Derrington

David Morrison

Andreas Schloenhardt

Robert Burrell


School of Law 2008-2009 PHD/MPHIL Students

Name Project Title Principal Advisor

Knanh Nguyen The Role of Defence Lawyers in Vietnam John Devereux

Paul O’Shea Industry Based Consumer Dispute Resolution

Schemes in Australia

Richard Pidgeon Property Holding and Pursuit of Charitable Social

Works by New Zealand Religious Denominations

Carolyn Popp An Evaluation of the Current Legal Frameworks

for Vegetation Management in Australia

Nagaraja Balasubramanya Rao Judicial Activism in Some Aspects of

Construction and Interpretation of Non-marine

Insurance Contracts

Jay Sanderson Plant Intellectual Property in Australia and the

International Community

Karen Schultz Intergenerational Equity in Constitutional

Adjudication

Charles Rickett

Charles Rickett

Suri Ratnapala

Charles Rickett

Brad Sherman

Reid Mortensen

Hong-Song Song Copyright Law in China under Press Control Robert Burrell

Bradley Strahorn A Framework for the Award of Property Rights in

Private Law

Freda Talao Human Rights Law in Papua New Guinea:

Factors and Difficulties

Ross Grantham

Jennifer Corrin

Wan Wan Abdullah Historic Title in the Law of Maritime Delimitation Craig Forrest

Chen Zhang On the Construction of Public Interest Litigation

in China

Website:

www.law.uq.edu.au/research-higher-degree-programs

Research Output

Please see the Appendix for a complete

listing of academic staff publications for

2008 and 2009.

Future Plans

Darryn Jensen

RESEARCH

The School will continue to initiate and support leading-edge research across the diverse

areas of staff expertise with a view to consolidating and enhancing its position as a leading

national and international centre of research excellence. The following specific measures

are planned to further these aims:






additional informational and research careers support for new members of staff

further enhancement of the existing research advisor scheme

exploration of new fields of research of national and international significance

hosting and contributing to conference and research engagement events of local,

national and international significance

a pro-active recruitment and staff-retention strategy to secure the best academic

and research support staff for the School.

Internationally recognised academic experts will also continue to be invited to visit

UQ to participate in and contribute to the intellectual life of the School. Distinguished

Visiting Fellows for 2010 include Professor William Lucy, University of Manchester, Dr

Paul Mitchell, Kings College, London and Professor Leonard Rotman, University of

Windsor, Canada. The highly successful Research Seminar Series and Current Legal

Issues seminars will also continue into 2010 as part of the School’s overall engagement

strategy.

TC Beirne School of Law Biennial Report 2008-2009 | Page


ENGAGEMENT

2008 Highlights




International Legal Ethics Conference

Future of Federalism Conference

Ninth Annual Global Network

Development Conference

Strategic Goal:

To develop, enhance and

sustain mutually supportive

relationships with the full

range of the School’s stake

holders and the wider

community.

Page | TC Beirne School of Law Biennial Report 2008-2009

2009 Highlights

– Launch of UQ Pro Bono Centre

– Q150 Conference

– Current Legal Issues Seminar Series

– Fulbright Symposium

Overview

The School of Law has a strong working

relationship with its external stakeholders

that involves mutual recognition of each

others’ distinct but complementary

missions. The School aims to support

its national and international partners in

their endeavours through the application

of its research and by developing

initiatives for mutually beneficial

collaboration.

2008 and 2009 provided many

opportunities to engage productively with

leading members of the Australian and

international legal professions and wider

business communities. Engagement

activities and initiatives supported

the School’s operational priority of

collaborating with professional and

community groups in strategic activities

that benefit the community and society.

Public Lectures

Richard Cooper Memorial Lecture

Series

This series of lectures was established in

2005 in honour of the late Justice Richard

Cooper of the Federal Court of Australia,

who passed away suddenly on 14 March

2005. It is dedicated to the strong interests

in maritime and native title law which he

developed over the course of a long and

distinguished legal career

Website:

www.law.uq.edu.au/richard-coopermemorial-lecture-series

2008

The 2008 Richard Cooper Memorial

Lecture, Admiralty Law - What Is It

Good For?, was presented by Associate

Professor Paul Myburgh, Associate Dean

(International), University of Auckland, at

the Commonwealth Law Courts, Brisbane,

in September.

The lecture was hosted by Queensland’s

most senior Federal Court judge and

Acting Chief Justice of the Federal Court,

the Hon. Justice Jeffrey Spender and was

attended by more than 70 members of the

Brisbane legal profession.

Abstract:

Twenty years ago, Australia

comprehensively modernised and

reformed its admiralty law. The aim

of this lecture is to revisit some of the

fundamental questions posed by the

Australian Law Reform Commission in

its influential Report 33 on Civil Admiralty

Jurisdiction, which led to the enactment of

the Admiralty Act 1988:



Is there a theoretical or practical need

for a separate admiralty jurisdiction?

Do the justifications for a specialist

admiralty jurisdiction still hold water in

the 21st century?




Is admiralty law ‘unique’, as is often

asserted, and what does this mean?

Is there a principled and

conceptually coherent body of

‘admiralty law’ in Anglo-Common

Law jurisdictions?

2009

The 2009 Richard Cooper Memorial

Lecture, Rotterdam Rules 2009: Issues

for Australia?, was presented by Professor

Nick Gaskell, Professor of Maritime and

Commercial Law, TC Beirne School of

Law, at the Commonwealth Law Courts,

Brisbane, in October.

Eighty members of the Brisbane legal

profession attended the lecture, and

following several interstate requests,

the lecture was also simultaneously

video-conferenced to audiences at the

Commonwealth Law Courts in Sydney,

Melbourne and Perth. The lecture was

hosted in Brisbane by Queensland’s most

senior Federal Court judge, the Hon.

Justice Jeffrey Spender and was chaired

from Melbourne (via video link) by the

Chief Justice, Federal Court of Australia,

the Hon. Chief Justice MEJ Black, AC.

Abstract:

The United Nations Convention on

Contracts for the International Carriage

of Goods Wholly or Partly by Sea was

adopted by the UN General Assembly

on 11 December 2008. It will be open

for signature on 23 September 2009

in a ceremony in Rotterdam, and

the Convention will be known as the

Rotterdam Rules.

The Rotterdam Rules represent a major

attempt to achieve international uniformity

in the terms under which the vast bulk

of the world’s trade is carried by sea.

They reflect over 10 years of international

drafting, and will make significant

changes to law and practice dating back

to 1924. The Rotterdam Rules aim to

replace not only the Hague Rules 1924

and the Hague-Visby Rules 1968, but

also the Hamburg Rules 1978.

Australia flirted with radical changes to its

law in the Carriage of Goods by Sea Act

1991 (Cth) but, following an amendment

in 1997, adopted a series of solutions and

modifications that attempted to achieve

modernisation without being in conflict

McPherson Lecture Series

The annual McPherson Lecture Series is part of the School’s strategic plan to foster the

creation and dissemination of high quality research to the wider community.

The Series is named after The Honourable Dr Bruce McPherson, who retired in 2006 from

the Supreme Court of Queensland after serving 24 years on the bench. Dr McPherson is an

internationally respected commercial and corporate lawyer who has been in practice for 41

years. His books are regarded internationally as leading works.

The Series consists of three lectures presented by an outstanding international legal scholar

or judge alternately on a matter within the area of private or commercial law. For each Series,

the three lectures are on a related theme which forms an integrated whole. The three lectures

delivered by the speaker are also published as a monograph, which is available for purchase.

Website:

www.law.uq.edu.au/mcpherson

2008 Series

The 2008 McPherson Lecture Series was

presented by The Honourable James

Jacob Spigelman AC, Chief Justice of New

South Wales in March 2008. His Honour

presented three lectures under the topic,

Statutory Interpretation and Human Rights.

The first lecture, The Common Law Bill

of Rights, considered the protection

of human rights by the common law

principles of statutory interpretation while

the second lecture, The Application of

Quasi-Constitutional Laws, considered

the developing jurisprudence of the

application of the special interpretive

provision in human rights legislation. The

Series concluded with the third lecture,

Legitimate and Spurious Interpretation,

which considered the difficulties posed

for interpretation by the need to balance

conflicting human rights.

2009 Series

The 2009 McPherson Lectures Series was

presented by Professor Sarah Worthington,

Professor of Law and Pro-Director for

Research and External Relations at the

London School of Economics and Political

Science in March 2009.

Professor Worthington presented three

lectures under the topic, Equity and

Property: Fact, Fantasy and Morals, and

the Series examined the contributions that

equity has made to the law of personal

property, and thus to the modern workings

of the commercial world and its markets.

The aim was to demonstrate the substantial

and ingenious contributions that equity has

made to modern commerce, and to reflect

on its potential future directions.

The first lecture, Property and Trade,

explored the mechanisms equity adopted to

expand the range of interests that could be

Justice Richard Cooper

with the prevailing international Rules.

The Rotterdam Rules represent an

opportunity for Australia to revisit the

debates of the 1990s, in order to see

whether the new instrument will meet

the needs of its trading community in

the current millennium. All the world’s

major trading nations were involved in the

negotiations for the Rules, but it remains

to be seen whether key players such as

the US and China will ratify.

classed as property, and therefore be traded

nationally and internationally on commercial

markets, thus becoming new forms of

personal wealth.

The second lecture, Property and Value,

assessed the practical and doctrinal limits of

equity’s expansion of the notion of property,

and considered the potential pitfalls in

developing commercial markets in assets

that do not have all the orthodox attributes

of property and so may be difficult or

impossible to value. This assessment has

particular resonance in the current financial

climate.

The final lecture, Property and Justice,

examined equity’s contributions to the

resolution of conflicting rights to different

forms of personal property, especially in a

commercial or market context.

TC Beirne School of Law Biennial Report 2008-2009 | Page


ENGAGEMENT

UQ Law Mentor Program

An initiative of the School of Law and the

University of Queensland Law Graduates

Association (UQLGA), the Mentor

Program continued to be an outstanding

success during 2008 and 2009.

The program partners Bachelor of Laws

students with legal professionals who

provide practical advice and guidance

about studying and practising law.

Launched in 2007, the program has

grown over the past two years to include

88 mentors and 119 students, with

student demand now outweighing the

supply of mentors.

The journey through law school and the

transition to legal professional practice

can be challenging and confronting

for many law students and is made

easier if the student is able to establish

connections with the profession before

Engagement Showcase

2008

International Legal Ethics Conference

(co-hosted with Griffith University)

The third International Legal Ethics

Conference, Integrity in Legal Practice,

co-hosted by UQ’s TC Beirne School of

Law and Griffith University’s Law School,

was held on the Gold Coast from 13

to 16 July. Keynote speakers included

three of the world’s leading experts on

legal ethics: Professor David Luban

from Georgetown University, Professor

Deborah Rhode from Stanford University

and Professor Brad Wendel from Cornell

University.

Endorsed by the Queensland Law Society

and the Bar Association of Queensland,

and supported by the State’s chief legal

regulator the Legal Services Commission,

the Conference embraced international

perspectives and provided a forum for

informed and lively debate across the

Conference themes.

The Conference catered for both scholars

and legal practitioners, with a designated

‘Practitioners’ Day’ which included a

breakfast event with The Honourable

Paul de Jersey AC, Chief Justice of

Queensland and a Conference dinner

with the Honourable Ian Callinan, AC

QC, as well as papers, presentations

and discussions relevant to practising

lawyers. Special guest speakers during

‘Practitioners’ Day’ also included barrister

Stephen Keim SC, and lawyer Peter

Russo, who had recently represented Dr

Mohammed Haneef.

Page | TC Beirne School of Law Biennial Report 2008-2009

graduation. Mentors not only provide

students with insights into the realities of

legal practice but also provide practical

advice and guidance about improving

study techniques, choosing a career

path, and locating job opportunities.

In recognition of the efforts participants

put into the program, a Mentor of the

Year Award is presented at an annual

‘thank you’ cocktail function, hosted by

the UQLGA and the School. The 2008

winner of the Mentor of the Year Award

was Mr Matthew Holmes, a partner at

Murphy Schmidt Solicitors. The winner of

the 2009 Mentor of the Year Award will be

announced in early 2010.

Website:

www.law.uq.edu.au/mentoring-program

Future of Federalism Conference

(co-hosted with the Law Council of

Australia)

The Future of Federalism Conference,

co-hosted by the Law Council of

Australia’s European Focus Group and

the TC Beirne School of Law’s Centre

for Public, International and Comparative

Law, was held in Brisbane from 10 to 12

July.

Chaired by the Hon Sir Gerard Brennan

AC KBE, former Chief Justice of the

High Court of Australia, the Conference

brought together an international

panel of experts to discuss the major

challenges and opportunities for

federal systems and to share ideas and

experiences. The contributions included

critical discussions from Australian,

German, European Community, US and

Canadian perspectives.

A wide range of topics were discussed,

including a comparative evaluation of

the state of federalism, papers focusing

on the distribution of powers and fiscal

arrangements in Australia, and critical

discussions of the Rudd government’s

vision for the future of Australian

federalism.

Speakers included The Honourable

Justice Margaret White, Supreme Court

of Queensland; Mr Stephen Gageler SC,

Solicitor-General of Australia; Professor

Thomas Fleiner, Director, Centre for

Federalism, Switzerland; and Professor

Christina Murray, University of Cape

Town.

Mentor Matthew Holmes and

law student Bianca Kabel.

Bianca nominated Mr Holmes

for the 2008 Mentor of the Year

Award because of his support

and willingness to give advice.

Ninth Annual Global Development

Conference

(School of Law dedicated session)

The 2008 Conference, Security for

Development: Confronting Threats

to Survival and Safety, took place in

Brisbane from 27 January to 3 February.

Attended by over 450 researchers and

policymakers from around the world, the

Conference provided expert views on

the theme from diverse social science

disciplines. It also drew attention to the

devastating impact of insecurity and

violence on potential development and

long-term growth, an issue at the top of

the international development agenda.

The TC Beirne School of Law’s Centre

for Public, International and Comparative

Law presented a dedicated session

at this event, The Rule of Law: Role of

Law in the South Pacific, and speakers

included Professor Anthony Angelo,

Faculty of Law, Victoria University,

Wellington and His Excellency, Bernard

Narakobi, Papua New Guinea’s High

Commissioner to New Zealand. The

session was chaired by CPICL Executive

Director, Asia Pacific Law, Associate

Professor Jennifer Corrin.


Horticulture Symposiums

The Australian Centre for Intellectual Property in Agriculture, in conjunction with Horticulture

Australia Limited, held seminars, workshops and master classes during 2008 and 2009

dealing with a number of intellectual property issues. Expert speakers from around

Australia took part in the symposiums, which were targeted at scientists, researchers,

producers, industry associations, processors and marketers.

2008

March Intellectual Property and Commercialisation for Horticulture Industries

Master Class, Sydney NSW

April Presentation to the Australian Passionfruit Industry Association Executive

Committee, Brisbane QLD

Plant Breeder’s Rights and Other Intellectual Property Workshop, Darwin NT

Copyright for the Horticulture Industry Workshop, Darwin NT

Copyright for the Horticulture Industry Seminar, Sydney NSW

May Intellectual Property for Plants Workshop, Nambour QLD

Commercialisation and Adoption Workshop, Nambour QLD

Commercialisation and Adoption Strategies for Researchers Workshop,

Perth WA

June Intellectual Property for Plants Workshop, Rockhampton QLD

Commercialisation and Adoption Workshop, Rockhampton QLD

July Intellectual Property for Plants in a Nutshell, presentation at Nursery and

Garden Industry Victoria State Conference 2008, Mildura VIC

August Commercialisation and Adoption for Researchers Workshop, Cobbitty

NSW

Intellectual Property Overview Workshop, Cobbitty NSW

October Intellectual Property and Your Business: PBR, Trade Marks and

Copyright, presentation to the Tree & Shrub Growers of Victoria,

Melbourne VIC

Intellectual Property Issues for Horticulture Industries Workshop,

Melbourne VIC

2009

March Capturing the Value from Innovation in Horticulture: Intellectual Property

Management Master Class, Brisbane QLD

April Plant Breeder’s Rights, Contracts and End Point Royalties: Issues for

the Horticulture, Garden and Nursery Industries, presentation to the

Nursery and Garden Industry Queensland, Nambour QLD

July Capturing the Value: IP and Commercialisation in Horticulture Seminar,

Homebush NSW

September Contracts and Ownership of IP for Growers Workshop, Riverland Field

Days, Barmera SA

Trade Marks and Copyright in Horticulture Workshop, Riverland Field

Days, Barmera SA

Plant Breeder’s Rights and Horticulture Workshop, Riverland Field

Days, Barmera SA

Overview of Intellectual Property for Horticulture Workshop, Virginia SA

Commercialisation and Adoption for Researchers Workshop, Owners

and Licensees, Orange NSW

Overview of Intellectual Property for Horticulture Workshop, Orange NSW

Intellectual Property Overview Workshop, Launceston TAS

ENGAGEMENT

TC Beirne School of Law Biennial Report 2008-2009 | Page


ENGAGEMENT

2009

UQ Pro Bono Centre Launched

While the School’s Clinical Legal

Education Program has been an

outstanding teaching and learning

initiative for a number of years, the UQ

Pro Bono Centre, launched in February

2009 under the patronage of the

Honourable Paul de Jersey AC, Chief

Justice of Queensland, reflects the

School’s overall commitment to justice

and the effective equality of all persons

before the law.

The Pro Bono Centre has been extremely

successful in its first year of operation

and as well as administrating and coordinating

the Law School’s Clinical Legal

Education Program, the Centre’s activities

include:






Development and management

of a Pro Bono Roster for student

involvement in the pro bono activities

of Community Legal Centres and

law firms

Maintenance of a Law School staff

pro bono register to record and

facilitate pro bono work by staff

Staff secondment program that

enables academic staff to share

academic knowledge in return

for the experience of the practical

aspects of the legal issues

Research support for pro bono

activities

Maintenance of the UQ Pro Bono

Centre website

The effectiveness of the Centre was

enhanced mid-year with the launch of

an online student roster and more than

100 student registrations were received

Page 8 | TC Beirne School of Law Biennial Report 2008-2009

within the first three days. The new

roster allows the Centre to link student

volunteers with those seeking assistance

in their pro bono activities. Undergraduate

law students join the roster by completing

an online form and when law firms,

barristers and Community Legal Centres

make requests for student assistance

in their pro bono work, students can be

linked according to their availability and

interest.

By October the Pro Bono Centre had

‘gone global’ with the involvement of

five students in a project researching

information for a world-wide computer

database, the International Directory

of Legal Aid Services. The project was

organised by Advocates for International

Development (A4ID), a London-based

organisation which aims to further the

United Nations Millennium Development

Goals by facilitating the provision of free

legal advice and assistance to those in

need around the world.

As well as the A4ID project, School of

Law students were also involved in 2009

in pro bono work for the Caxton Legal

Centre Seniors Legal Service, policy

work for Caxton’s submission on tasers,

case work for Queensland Advocacy for

clients with disabilities, helping to assess

a backlog of cases for the Queensland

Public Interest Law Clearing House and

assisting the Social Security Appeals

Tribunal with case management. In

keeping with the pro bono spirit of ‘work

for no reward’, UQ Pro Bono Centre

student volunteers receive no academic

credit.

Website:

www.law.uq.edu.au/uq-pro-bono-centre

Pawel Zielinski, UQLS President, Siobhan Moloney, QUT student, Joshua Jones, Ryan &

Bosscher Lawyers and Kate Cook, Deacons.

Pro Bono Centre Advisory Board

Mr Randal Dennings (Chair)

Clayton Utz

The Hon Justice Peter Applegarth

Supreme Court of Queensland

Mr Michael Stewart SC

Queensland Bar Association

Ms Elizabeth Shearer

Legal Aid Queensland

Mr Scott McDougall

Caxton Legal Centre

Mr Ian Berry

Queensland Law Society

Mr Tony Woodyatt

Queensland Public Interest Law Clearing

House

Mr Steve Irvine

Prisoners’ Legal Service

Dr Tamara Walsh

Director, TC Beirne School of Law

Dr Peter Billings

Director, TC Beirne School of Law

Mr Paul O’Shea

Director, TC Beirne School of Law

Ann-Maree David, College of Law and

Dr Ann Black.

Associate Professor Jennifer Corrin and His

Honour Judge Dearden, District Court of

Queensland.


Current Legal Issues Seminar Series

Launched in February 2009 under

the patronage of the Chief Justice of

Queensland, the Hon Justice Paul de

Jersey AC, the Current Legal Issues

(CLI) Seminar Series was an extremely

successful demonstration of cooperation

with one of the School’s major

stakeholders.

A joint collaborative initiative between

the TC Beirne School of Law and the

Queensland Bar Association, the Series

is designed to foster genuine interaction

and debate about the law and to break

open isolated compartments of legal

learning to encourage discussion, cooperation

and fruitful interaction between

the judiciary, legal practitioners and the

legal academy.

CLI Seminar Series speakers and

commentators in 2009 were leaders

in their respective fields with expertise

in a number of topical legal areas. A

wide range of current legal issues were

discussed, including the shape of

the modern law of unjust enrichment;

estoppels; directors’ duties during

insolvency; propensity and relationship

evidence in criminal proceedings;

and problematic aspects of the Trade

Practices Act.

Website:

www.law.uq.edu.au/current-legal-issuesseries

Current Legal Issues Seminar Series launch

(from left) Mr Michael Stewart SC,

President, Bar Assocation of Queensland,

Professor Andrew Burrows QC, FBA, and

The Honourable Paul de Jersey AC,

Chief Justice of Queensland.

ENGAGEMENT

2009 Current Legal Issues Program

30 April Title: The Australian Law of Restitution: has the High Court Lost

its Way?

Speaker: Professor Andrew Burrows QC, FBA, Norton Rose

Professor of Commercial Law, University of Oxford

Commentator: Mr David Jackson QC. Comment was delivered in absentia

by Professor Ross Grantham, Dean, TC Beirne School of

Law

Chair: The Hon Justice Paul de Jersey AC, Chief Justice of

Queensland

21 May Title: Estoppel by Convention and the Sanctity of Contract

Speaker: Mr John McKenna SC

Commentator: The Hon Justice Keane, Queensland Court of Appeal

Chair: Professor Ross Grantham, Dean, TC Beirne School of Law

11 June Title: Directors’ Duties in the Zone of Insolvency

Speaker: Mr John Sheahan SC

Commentator: Dr Andrew Johnston, Senior Lecturer, TC Beirne School of

Law

Chair: Mr Ken MacDonald, Allens Arthur Robinson

30 July Title: The Admissibility and Use of Relationship and Propensity

Evidence after HML v The Queen (2008) 245 ALR 204

Speaker: Dr David Hamer, Senior Lecturer, TC Beirne School of Law

Commentator: The Hon Justice Holmes, Queensland Court of Appeal

Chair: Mr Peter Davis SC

17 Sept Title: Judicial Attitudes to Judicial Review: A Comparative

Examination of Justifications Offered for Restricting the

Scope of Judicial Review in Australia, Canada and England

Speaker: Dr Anthony Cassimatis, Senior Lecturer, TC Beirne School

of Law

Commentator: The Hon Justice Kiefel, High Court of Australia

Chair: Mr Walter Sofronoff QC, Solicitor-General of Queensland

TC Beirne School of Law Biennial Report 2008-2009 | Page 9


ENGAGEMENT

Q150 Conference

The Q150 Constitutional Conference,

Queensland Constitution at 150: Origins

and Evolution, co-hosted by the School

of Law’s Centre for Public, International

and Comparative Law (CIPCL) and the

Supreme Court of Queensland Library,

was held at the Queensland Parliament

House, Brisbane on 29 May 2009.

The Conference took a close look at the

origins, historical development and the

possible future reform of the Queensland

Constitution, with legal experts

considering possible constitutional

reforms to increase the responsiveness

and accountability of the executive

government in Queensland.

Opened by Her Excellency Ms Penelope

Wensley AO, Governor of Queensland,

the speakers at the Q150 Conference

included practitioners, members of the

judiciary, leading scholars and members

of Parliament.

Fulbright Symposium

The 2009 Fulbright Symposium, The US-

Australia Free Trade Agreement: the Last

5 Years, the Next 5 Years, hosted by the

TC Beirne School of Law and supported

by the Australian-American Fulbright

Commission, was held in Canberra from

24 to 25 August, 2009.

The Symposium brought together

academics, policy-makers, industry

leaders and commentators to review

the economic and political impact of the

Agreement and to consider the future

of the trade and political relationships

between the two countries. The

Symposium format was a mixture of

broad-theme plenary sessions and

specific-topic parallel sessions which

sought to identify what has been learnt

from the Agreement, its impact to

date, what problems remain, and how

these lessons can be applied in trade

negotiations with other countries.

Opened by UQ’s Vice-Chancellor

Professor Paul Greenfield AO and Mr

Daniel Clune, Charge d’Affaires, Embassy

of the United States of America, the

Symposium featured a diverse range of

speakers from both sides of the Atlantic

including the original negotiators of the

US-Australia Agreement, Mark Vaile and

Stephen Deady, and representatives from

the US Peterson Institute, the Australian

Lowy Institute and the US Studies Centre.

Page 0 | TC Beirne School of Law Biennial Report 2008-2009

Public Forum: Perspectives on

Muslim Life

The School of Law hosted a free public

forum in April 2009 to discuss the areas

of Queensland law that present difficulties

for Muslims living in Queensland.

Organised by Senior Lecturer Dr Ann

Black, the forum comprised a panel of

local and interstate lawyers and Muslim

community leaders who shared their

perspectives and reflected on ways in

which Muslim and non-Muslim Australians

can harmonise both sets of laws. The

forum focused on family law; religious

practice and education; inheritance;

finance and commerce; and adjustments

for refugees and migrants.

The forum was prompted by the findings

of a research project funded by a Legal

Practitioner Interest on Trust Accounts

Fund (LPITAF) Grant. As part of the

research project, a series of interviews

was conducted with Queensland Imams,

Islamic leaders and advisors to their

mosque communities. The findings

indicated that whilst understanding of,

and compliance with, the Australian legal

system was high, there were some areas

of law that, at times, presented added

difficulties for Muslims.

Sri Lankan Judges Seminars

Twelve judges of the Supreme Court and

Court of Appeal of Sri Lanka took part

in a program of educational and training

seminars at UQ during August 2009.

Organised by the TC Beirne School of

Law’s Centre for Public, International and

Comparative Law, the program aimed to

enhance knowledge in emerging areas

of law, such as information technology,

intellectual property, and banking and

finance.

The visiting justices attending the

seminars were among the most senior

and distinguished judges in the Sri

Lankan judiciary. In addition to providing

education and training, the program also

served as a medium for the exchange of

views between Sri Lankan and Australian

judges, lawyers and academics and

to strengthen existing historical and

legal cultural links between the two

jurisdictions.

The program was funded by grants from

the World Bank and the government of

Sri Lanka and was a joint collaboration

between CPICL and UniQuest Pty Ltd,

the fully owned commercial arm of The

University of Queensland.

Participants in the 2009 Fulbright Symposium included (from left): Dr Joe

Hlubucek, Executive Director, Australian-American Fulbright Commission; coorganisers

of the Symposium Ms Kimberlee Weatherall and Associate Professor

Robert Burrell from the TC Beirne School of Law; The Hon. Mark Vaile, former

Member for Lyne and former Deputy Prime Minister & Minister for Trade; and

Professor Paul Greenfield AO, Vice-Chancellor, The University of Queensland.


Sponsorship

Throughout 2008 and 2009, the TC

Beirne School of Law and the College

of Law (Queensland) continued their

co-operative arrangement in respect of

the provision of practical legal training

leading to the admission of legal

practitioners. The agreement provides

for the sponsorship by the College of the

position of ‘The College of Law Lecturer

in Legal Ethics’ within the School. Dr

Francesca Bartlett was appointed to this

position in 2008.

The School was grateful for the continued

support of the following sponsors

throughout 2008 and 2009.

TC Beirne School of Law Mooting

Program


Minter Ellison Lawyers

TC Beirne School of Law Prizes




















Allens Arthur Robinson

Australian Taxation Office

Australian Taxation Reporter Pty Ltd

The Hon RJ Bulley

Corrs Chambers Westgarth Lawyers

The Family Law Practitioners’

Association of Queensland Ltd

Freehills

Harmers Workplace Lawyers

Howden Saggers Lawyers

KPMG

McCullough Robertson Lawyers

MacDonnells Law

MacGillivvays Solicitors

McInnes Wilson Lawyers

Minter Ellison Lawyers

Queensland Environmental Law

Association Inc

Queensland Law Society

Taxation Institute of Australia

The University of Queensland Law

Society

Sponsors of the University of Queensland

Student Law Societies













Corrs Chambers Westgarth Lawyers

Mallesons Stephen Jaques

Clayton Utz

Allens Arthur Robinson

Freehills

Minter Ellison Lawyers

HopgoodGanim Lawyers

Blake Dawson

DLA Phillips Fox

The College of Law

The Griffith Legal Practice Centre

Bain & Company

Staff Membership of

Professional Bodies

Associate Professor Jennifer Corrin



Member, Australian Association for

the Advancement of Pacific Studies

Editorial Board, Proctor

Dr Alan Davidson

– Fellow of the Institute of Banking

Law and Practice

Professor Sarah Derrington

– President, Maritime Law Association

of Australia and New Zealand

– Vice-President, Australian

Maritime and Transport Arbitration

Commission

– Member, Admiralty Rules Committee

of the Commonwealth of Australia

Professor John Devereux

– Social Security Appeals Tribunal

Professor Nick Gaskell

– Member, Comité Maritime

International (CMI)

Professor Ross Grantham

– Member, Specialist Accreditation

Panel (Commercial Litigation),

Queensland Law Society

– Academic Board, The College of

Law

Associate Professor Nick James

– Member, Specialist Accreditation

Panel (Business Law), Queensland

Law Society

– Editor, Legal Education Review

ENGAGEMENT

Associate Professor Peter McDermott

(right) was sworn in as a Senior Member

of the Administrative Appeals Tribunal

in October 2009 by Justice Downes (left)

President of the Tribunal. Appointments

to the Tribunal are made by the Governor-

General.

Associate Professor Peter McDermott

– Senior Member, Administrative

Appeals Tribunal

Mr Paul O’Shea

– Member, Queensland Law Society

Banking and Finance Committee

Associate Professor Kerrie Sadiq

– President, Australian Tax Teachers

Association

Professor Brad Sherman

– Member, Intellectual Property

Section of the Law Council of

Australia

– Member, Plant Breeder’s Rights

Advisory Committee, IP Australia

Mrs Margaret Stephenson

– Member (part-time), Mental Health

Review Tribunal

Ms Kimberlee Weatherall

– Member, Law Council of Australia,

Intellectual Property Sub-Committee


Member, Intellectual Property and

Privacy in Technology Advisory

Group (advising the Australian

Ministerial Council on Education,

Employment, Training and Youth

Affairs)

TC Beirne School of Law Biennial Report 2008-2009 | Page


ENGAGEMENT

Alumnus Gregory Xu volunteered to help at the IDP Study in Australia Education Expo in

Singapore. He spent two hours on the UQ stand talking to prospective students about

his experience at the School of Law. Greg graduated with a Juris Doctor in 2007 and now

works as a legal associate at the Singapore office of a leading British law firm.

Educational Engagement

Academic and professional staff took part

in a number of educational expos during

2008 and 2009 to promote the programs

and courses offered by the School of Law

to prospective students and the general

public.

Tertiary Studies Expo (TSXPO)

TSXPO has been running for the past 29

years and is Australia’s largest tertiary

studies expo. Held in Brisbane in July

each year, this event provides tertiary

studies, training and career options

information to senior school students,

parents, mature age and prospective

postgraduate students. With over 250

qualified representatives, including

exhibits from every Queensland university

as well as those from interstate and

overseas, visitors gain a comprehensive

insight into tertiary institutions and

programs offered. Professional staff from

the School of Law were on hand at the

UQ booth to give academic advice and

answer questions about studying law at

UQ.

UQ Open Day

UQ Open Day allows potential students

to explore UQ’s St Lucia campus, check

out the world-class facilities, learn more

about the unique courses and study

options, meet some of the inspiring

teachers and staff and experience the

vibrant campus lifestyle. Once again

in 2008 and 2009 the School of Law

information sessions were filled to

capacity and professional and academic

staff at the School’s information booth

were kept extremely busy with enquiries

throughout the day. The Moot Court

demonstrations by School of Law

students were also proved to be a very

popular UQ Open Day activity.

Page 2 | TC Beirne School of Law Biennial Report 2008-2009

Singapore Education Expos

Academic staff attended two education

expos in Singapore in 2009 - IDP Study

in Australia Open Day in May and IDP

Diploma to Degree Open Day in July

- as part of the School’s international

recruitment initiatives in Singapore.

The School of Law’s LLB is the only

Queensland law degree program

recognised by the Singapore Board

of Legal Education to directly fulfill the

academic qualifications required for

admission to the legal profession in

Singapore and the visits formed part

of the School’s marketing initiatives to

attract more students from this area.

Crowds at TSXPO 2009.

High School Visits to UQ

School Executive Officer Ms Barbara Thorsen providing information to

a prospective student at UQ Open Day 2008, St Lucia campus.

As well as attending external education

expos and visiting high schools, School of

Law staff also host information sessions

at St Lucia campus for visiting high

school students. During 2008 and 2009

School staff made presentations about

the School’s LLB program, teaching staff,

extra-curricula activities and scholarship

opportunities to students and staff from

Mackay State High School and to Year 12

students interested in studying law from a

visiting group of high schools in northern

New South Wales.


Alumni

University of Queensland Law

Graduates Association (UQLGA)

The UQLGA was founded in 1993 under

the patronage of former Queensland

Governor Mrs Leneen Forde (LLB 1970)

with the late Sir Harry Gibbs (LLB 1939;

LLM 1946; Hon. LLD 1980) and the late

Sir Walter Campbell (LLB 1948) as Vice

Patrons. The current President is the

Hon Dr Glen Williams AO QC (LLB 1961),

former justice of the Court of Appeal of

Queensland.

The objectives of the Association, as

outlined in its Constitution, are to:



reach, serve and engage all

University of Queensland alumni

who are graduates of the TC

Beirne School of Law, nurturing

strong intellectual and emotional

connections by providing a broad

range of events, activities and

communication opportunities

foster mutually beneficial relations

amongst graduates of The University

of Queensland TC Beirne School

of Law, and between them and

the University, and to support the

University’s teaching, research and

community service activities

The UQLGA has held regular functions for

the School’s alumni since its inception,

including a successful seminar Practical

Ethics: A Lawyer’s Duties to the Courts,

presented by His Honour Judge David G

Searles, District Court of Queensland, in

April 2009.

Alumni Achievements

Many former graduates of the School of

Law have made outstanding contributions

to their community, have stimulated

new ideas or innovations, and have

demonstrated dedication, creativity or

leadership to their field of expertise. In

2008 and 2009, several of the School’s

notable alumni continued to be an

excellent example to students, staff and

other graduates.

Her Excellency Dr Quentin Bryce AC,

Governor-General of the Commonwealth

of Australia

Former Queensland Governor, UQ

graduate Dr Quentin Bryce AC, was

appointed Australia’s first female

Governor-General after a long and

successful career in legal education,

human rights and community advocacy.

Dr Bryce graduated from UQ with a

Bachelor of Arts and a Bachelor of Laws.

On returning to Australia after living in the

United Kingdom following graduation,

she was the first female appointed to

the School of Law’s academic staff in

1968 and she spent 14 years teaching

Introduction to Law, Criminal Law,

Administrative Law and Legal Aspects of

Social Work.

Mr John Story

School of Law graduate and highlyexperienced

corporate leader Mr John

Story was appointed Chancellor of The

University of Queensland in 2009. A

lawyer with broad corporate experience,

including being Chairman of Suncorp-

Metway, Tabcorp Holdings and the

Australian Institute of Company Directors,

a Director of CSR, and a member of the

Queensland Public Service Commission,

Mr Story took up his appointment in

February.

Members of the Senate, UQ’s governing

body, voted Mr Story into the honorary

position, which carries important

governance, ceremonial and symbolic

responsibilities. Mr Story previously

held two voluntary positions at UQ, as a

Senator since May 2006 and formerly as

an Adjunct Professor, and as a partner

of Corrs Chambers Westgarth initiated

supportive links between the legal firm

and the TC Beirne School of Law.

2009 Australia Day Awards

Former staff and alumni associated

with the TC Beirne School of Law were

honoured in the 2009 Australia Day

awards.

Officer (AO) in the General Division

UQ alumnus Professor Brian Crommelin

(LLB 1971), for service to the law and to

legal education, particularly as a tertiary

educator and through the development of

mining and petroleum law in Australia.

Member (AM) in the General Division

Alumnus The Hon Justice Keiran

Cullinane (LLB 1966), for service to the

judiciary and to the law, to the James

Cook University, and to the community of

north Queensland.

Alumnus Peter Short (LLB 1984, Adjunct

Professor of Law), for service to the

law as a practitioner, to legal education

and the promotion of ethical standards,

through contributions to a range of

professional organisations, and to the

community, particularly people with an

intellectual disability.

Future Plans

ENGAGEMENT

Australia’s 25th Governor-General Her

Excellency Dr Quentin Bryce AC was also

appointed UQ’s Alumnus of the Year for

2008.

UQ Chancellor Mr John Story (left) with

former UQ Chancellor Sir Llew Edwards.

The TC Beirne School of Law is committed to the development of mutually supportive

and beneficial relationships with the School’s professional and community stakeholders.

To that end, the School will continue to build on the initiatives undertaken over the past

two years and will work with the School’s Advisory Board in 2010 and into the future to

develop avenues to communicate, engage with, and influence the various communities

within which it exists.

TC Beirne School of Law Biennial Report 2008-2009 | Page


TC BEIRNE SCHOOL

OF LAW TEAM

Strategic Goal:

To encourage professionalism

and support academic

and professional staff to

maximize their potential

while recognizing and

valuing the diversity

and strengths of their

contributions.

Page | TC Beirne School of Law Biennial Report 2008-2009

Appointments

New Head of School

Former Deputy Head of School, Professor

Ross Grantham was appointed Head

of School in March 2008 succeeding

Professor Charles Rickett in the role. A

graduate of the Universities of Auckland,

Oxford and Queensland, he is also

admitted as a barrister and solicitor of the

High Court of New Zealand.

Professor Grantham is an internationally

recognised scholar who first joined UQ in

2004 as Professor of Commercial Law.

Before coming to Queensland, Professor

Grantham held positions as Professor of

Commercial Law and Head of Department

at The University of Auckland and

Deputy Director of the Research Centre

for Business Law. He is the author of a

number of monographs and casebooks,

numerous journal articles, and editor of

four collections of scholarly essays. He

is a member of the editorial board of

The Company Lawyer and the Journal

of Corporate Law Studies and is the

Australian editor of the Journal of Business

Law.

UK Maritime Law Expert

Professor Nick Gaskell joined the School

in 2009 as Professor of Maritime and

Commercial Law.

Professor Gaskell has lectured widely to

the maritime professions and academic

community all over the world. He has

represented the International Union for

the Conservation of Nature and Natural

Resources (IUCN) at the International

Maritime Organisation’s Legal Committee,

and at the meetings of the International

Oil Pollution Compensation Funds. He

has also attended and participated in

many diplomatic conferences which

have produced international maritime

law conventions, including the Salvage

Convention 1989, the 1992 Protocol to the

Civil Liability Convention for Oil Pollution

Damage, the Hazardous and Noxious

Substances Convention 1996, the Bunker

Pollution Convention 2001, the Athens

Convention on the Carriage of Passengers

2002, and the Liability Protocol to the

Antarctic Convention.

Professor Gaskell has written books and

articles on a wide range of maritime and

related commercial law subjects and

his work on carriage of goods by sea

(bills of lading) has been cited in courts

internationally, including Australia (High

Court, Federal Court, Supreme Court of

Victoria), Hong Kong, Singapore (Court of

Appeal), New Zealand (High Court) and

the UK (including the House of Lords). He

joins the existing team of the Marine and

Shipping Law Unit.


Academic Staff 2008-2009

Head of School and Dean of Law

Ross Grantham

BCL Oxf., LLB Auck., LLM Auck., LLD Qld.

Before coming to The University of

Queensland in 2004, Professor Grantham

was Professor of Commercial Law and

Head of Department at The University

of Auckland and Deputy Director of the

Research Centre for Business Law. He is

a barrister and solicitor of the High Court

of New Zealand. Professor Grantham’s

primary areas of research interest are

commercial law, company law, contract,

equity, legal research, property law,

restitution and unjust enrichment,

taxonomy of private law, torts and trusts.

Garrick Professor of Law

James Allan

BA, LLB, LLM LSE, PhD HK

Professor Allan is a native born Canadian

who has practised law at a large firm in

Toronto and at the bar in London. He has

taught in Hong Kong, Sydney and, from

1993 to 2004, in Dunedin, New Zealand

at the University of Otago. He has had

sabbaticals at Cornell Law School and

at Dalhousie Law School, the latter as

the Bertha Wilson Visiting Professor in

Human Rights. Professor Allan’s primary

areas of research interest are legal

philosophy, constitutional law and bills of

rights scepticism.

Professors of Law

Sarah Derrington

BA Qld., LLB Qld., LLM Qld., PhD Qld.

Prior to her secondment as Associate

Dean, Academic at UQ’s Faculty of

Business, Economics and Law, Professor

Derrington taught maritime law at

undergraduate level as well as equity

and commercial law. She was a visiting

lecturer at the University of Nottingham

from 2002 to 2006 where she taught

international carriage of goods by sea in

the LLM program. More recently she has

been a Visiting Professor to the University

of Aix-Marseilles, France. Professor

Derrington continues to practise at the

private Bar, exclusively in shipping law.

John Devereux

BA Qld., LLB(Hons) Qld., PhD Oxf.

A former Rhodes Scholar, Professor

Devereux has served as a Law Reform

Commissioner for Queensland as well as

a legal member of the Commonwealth

Social Security Appeals Tribunal. He was

formerly Lecturer in Law at Keble College,

Oxford University; Assistant Dean of

Magdalen College, Oxford University;

Deputy Dean of the Faculty of Law at

Griffith University and, most recently,

Professor of Law at the University of

Tasmania and a Fellow of Jane Franklin

Hall. In 1998, he was jointly with Dr C.A.

Berglund, awarded the Oscar Rivers

Schmalzbach Prize by the Australian

Academy of Forensic Sciences. Professor

Devereux teaches and researches the

law of torts and has a special interest in

medical law, most notably in the areas

of competency to consent to medical

treatment and in epilepsy and the law.

Nick Gaskell (2009)

LLB Hull

Professor Gaskell has over 30 years’

experience as a research active academic

and is a Titulary Member of the Comité

Maritime International (CMI), a qualified

UK barrister and is a part-time member

of Quadrant Chambers, a leading set of

maritime law chambers in London. Prior

to joining the TC Beirne School of Law

he held (from 1994) the titled position of

‘David Jackson Professor of Maritime and

Commercial Law’ at the School of Law of

the University of Southampton, UK. From

2003-2007 he was Head of that School,

and from 1996-1999 was Director of its

Institute of Maritime Law. He has lectured

widely to the maritime professions and

academic community all over the world.

Suri Ratnapala

LLB Columbo, LLM Macq., PhD Qld.

Professor Ratnapala is Professor of

Public Law and teaches constitutional

law and jurisprudence, fields in which

he has published widely and received

international acclaim. Professor Ratnapala

has been a consultant with the World

Bank, the Asian Development Bank and

AusAid in institutional capacity building

projects in Asia. Prior to entering the

academy he was Senior State Counsel in

Sri Lanka. His main academic interests

are in constitutional law and theory, legal

philosophy, and constitutional political

economy.

Bradley Sherman

BEcon Qld., LLB Qld., LLM Lond., PhD Griff.

Professor Sherman is Director of the TC

Beirne School of Law’s Australian Centre

for Intellectual Property in Agriculture.

His primary area of research interest is

intellectual property.

TC BEIRNE SCHOOL

OF LAW TEAM

Associate Professor Nicholas Aroney

was promoted to Professor in 2009, a

rank at UQ reserved for individuals with

outstanding performance records and

an international reputation in academic

leadership.

Staff Promotions

The continuing positive outcomes for

School of Law staff in UQ’s rigorous

promotions process is not only a strong

recognition of the ability and performance

of each of those promoted but also a

testament to the growing strength of the

Law School as a centre of excellence in

teaching and research.

2008

Dr Heather Douglas

– promoted to Associate Professor

Dr David Hamer

– promoted to Associate Professor

Dr Darryn Jensen

– promoted to Senior Lecturer

Dr Kerrie Sadiq

– promoted to Associate Professor

Dr Andreas Schloenhardt

– promoted to Associate Professor

2009

Dr Ann Black

– promoted to Senior Lecturer

Dr Craig Forrest

– promoted to Associate Professor

Dr David Morrison

– promoted to Associate Professor

TC Beirne School of Law Biennial Report 2008-2009 | Page


TC BEIRNE SCHOOL

OF LAW TEAM

Sir Gerard Brennan Chair (Professor)

Charles Rickett

BD(Hons) Melb., LLB Camb., MA Camb., MA

Oxf.

Professor Rickett was Head of the School

until 2007, a position he took up in August

2003. Before that, he was Professor of

Commercial Law at The University of

Auckland, where he held from 1994 a joint

Chair in the Schools of Law and Business

and Economics. He was also Director

of the University’s Research Centre for

Business Law. He has held teaching

appointments at University College

London, the University of Cambridge

(where he was a Fellow of Emmanuel

College), Victoria University of Wellington

and Massey University (as Foundation

Professor of Business Law) and in 2001

was appointed a Professorial Fellow of

The University of Melbourne. Professor

Rickett’s teaching and research areas

include equity, banking law, restitution,

theories of obligations and legal ethics.

Readers/Associate Professors

Nicholas Aroney

BA NSW, LLB(Hons) Qld., LLM Qld., PhD

Monash

Dr Aroney came to the Law School in

1995 after working with a major national

law firm and acting as a legal consultant

in the field of building and construction

law. His primary teaching and research

areas are constitutional law, comparative

constitutional law and legal theory and he

has published widely in these fields. Dr

Aroney also frequently speaks at national

and international conferences on these

topics.

Kit Barker

BA Oxf., BCL Oxf., MA Oxf.

Before joining the TC Beirne School of

Law, Mr Barker worked for 16 years

as a lecturer, and senior lecturer, at

Southampton University in the UK. He

also acted as an external examiner for

the Universities of London (University

and Kings Colleges) and Oxford. His

research interests lie in the law of

obligations (contract, tort and restitution),

with particular interest in its doctrine,

philosophical foundations and remedies.

He has published broadly in the fields of

tort and unjust enrichment. Mr Barker

is the School of Law’s Associate Dean

(Research).

Page | TC Beirne School of Law Biennial Report 2008-2009

Jennifer Corrin

ProfDipLegDrafting, BA(Hons) Nott., MPhil Nott.,

PhD Griff.

Dr Corrin is Executive Director (Asia

Pacific Law) of the Centre for Public

International and Comparative Law. She

joined the Law School in 2001 and was

formerly Associate Professor of Law

at the University of the South Pacific in

Vanuatu where she taught Contract Law,

Civil Procedure and Dispute Resolution.

Between 1987 and 1996 Dr Corrin

practised as principal in her own law

firm in the Solomon Islands. She has

also practiced as a solicitor in England

and lectured at Leicester Polytechnic

(UK) and at the Queensland University of

Technology. Dr Corrin’s primary areas of

teaching and research are comparative

law, evidence/civil procedure, human

rights law, indigenous peoples, legal

education, South Pacific and women and

law.

Heather Douglas

BA Monash, LLB Monash, LLM Qld.UT, PhD

Melb.

Dr Douglas researches in the areas of

criminal law and legal history. She is

particularly interested in the relationship

between Indigenous people and the

criminal law and the way the criminal law

impacts on and constructs women. She

has also explored the work of Justice

Martin Kriewaldt, the sole judge of the

Northern Territory Supreme Court during

the 1950s. Her writing has been published

in Canada, Europe and Australia. Dr

Douglas was a part-time commissioner

with the Queensland Law Reform

Commission from 2001-2007 and in 2004

was a visiting scholar at the Centre for

Socio-Legal Studies, Oxford University. Dr

Douglas is the School’s Director of RHD.

Craig Forrest

BCom Rhodes, LLB S.Af., GCEd Tees., LLM

Natal, PhD Wolv.

Before joining the Law School, Dr

Forrest served as a naval officer in

the South African Navy, worked as a

research assistant at Kings College,

London and lectured at the Universities

of Wolverhampton, Teesside and

Holborn College, London. He has also

taught courses in Hong Kong and the

Republic of Korea. Dr Forrest teaches

and undertakes research in the areas of

private international law, cultural heritage

law and maritime law, as well as teaching

a postgraduate course on thesis design

and writing. His current research interest

includes a focus on international law and

the protection of cultural heritage.

David Hamer

LLB ANU, BSc ANU, PhD Melb.

Dr Hamer’s primary research interest is

in the law of evidence. His approach fits

within the ‘New Evidence Scholarship’,

interrogating the law - and the proof

process more broadly - using tools

drawn from probability theory, narrative

theory and psychology. His interest in

evidence law often overflows into areas of

substantive law, in particular tort law and

criminal law. Dr Hamer has taught a wide

range of subjects including evidence law,

tort law, criminal law, and introduction to

law.

Nick James

BCom Qld., LLB(Hons) Qld., LLM Qld.UT, PhD

Qld.UT

Dr James graduated from The University

of Queensland in 1990 with Bachelor

degrees in Law and Commerce, and until

1994 practised commercial and property

law in Brisbane and at the Gold Coast. Dr

James returned to UQ in 1996 to teach

business law and property law at the

Gatton campus and in 1999 relocated to

the new Ipswich campus where he was

involved with the development and delivery

of business law, corporations law and

e-commerce law courses in flexible mode.

In 2005 Dr James relocated to the School

of Law at St Lucia and was appointed

Associate Professor and Associate Dean

(Academic) in 2009.

Dr James teaches law and society and

business law and has received a number

of teaching awards: the UQ Award

for Excellence in Teaching in 2004, a

National Carrick Citation for Outstanding

Contribution to Student Learning in 2007,

and a nomination for a National Carrick

Award for Teaching Excellence. His areas

of research interest include investigating

the teaching and assessment of legal

reasoning and critical thinking skills.

Peter McDermott

LLB(Hons) Qld., LLM Qld., PhD Griff.

Dr McDermott teaches equity, commercial

equity, constitutional law and securities

and has a particular research interest in

the application of equitable doctrines to

commercial situations.

David Morrison

BCom Qld., GCEd Qld., MFM Qld., LLM Qld.,

PhD Qld.

Dr Morrison is a senior lecturer in law and

holds the professional qualifications of

Barrister-at-law, Chartered Accountant

(CA) and is a Fellow of the Taxation

Institute of Australia (FTIA). He teaches

taxation law, insolvency law and

administrative law - fields in which he has

published widely. Dr Morrison’s primary

academic and research interests are in

revenue law, corporate and insolvency law

and economic analysis of law.


Graeme Orr

BA Qld., LLB Qld., GCEd Griff., LLM Lond., PhD

Griff.

Dr Orr’s research expertise is the law of

politics, in particular electoral law, and he

undertakes extensive media commentary,

consultancy and pro bono work in this

area. He has also published extensively

in electoral bribery, labour law, the law of

negligence and on issues of language and

law. Formerly an Associate in the Federal

Court of Australia, Dr Orr was an Associate

Professor at Griffith University Law School,

where he taught for over 13 years and was

admitted as a solicitor (Queensland).

Kerrie Sadiq

BCom Qld., LLB(Hons) Qld., LLM Qld.UT, PhD

Deakin

Dr Sadiq is a member of the commercial

law group at the School of Law and a

Fellow of the Taxation Law and Policy

Research Institute, Monash University.

She is also a Barrister, Supreme Court of

Queensland and a Fellow of the Taxation

Institute of Australia where she sits on

the International Subcommittee and the

Education, Examinations, and Quality

Assurance Board. In 2007 and 2008

she was President of the Australasian

Tax Teachers Association. Prior to

joining UQ, Dr Sadiq worked for a big

four chartered accounting firm and as a

Judges Associate in the Supreme Court

of Queensland. She teaches taxation law

at both undergraduate and postgraduate

levels and principally researches in

international taxation, tax expenditures and

capital gains tax.

Andreas Schloenhardt

LLB, PhD Adel.

Prior to his position at the TC Beirne

School of Law, Dr Schloenhardt was a

lecturer at The University of Adelaide Law

School and also taught at universities in

Townsville (Qld), Darwin (NT), Bangkok

(Thailand), Port Vila (Vanuatu), Suva (Fiji),

and Port Moresby (PNG). Since 2007

he has been an Adjunct Professor at the

Monterey Institute of International Studies

in California, and in 2008 and 2009 was

a Visiting Professor at The University of

British Columbia Centre of International

Relations in Vancouver, Canada.

Dr Schloenhardt’s principal areas of

research include criminal law, organised

crime, narcotrafficking, human smuggling

and trafficking, terrorism, international

criminal law, and immigration and refugee

law.

Senior Lecturers

Peter Billings

LLB S’ton, PhD S’ton

Dr Billings joined the TC Beirne School

of Law in November 2007 having

taught law previously at the University

of Southampton and University of the

West of England, Bristol. His primary

research interests are in the areas of public

law, the law relating to refugees, social

welfare and indigenous rights and he has

published over a dozen journal articles

in these areas. Dr Billings is a Director of

the UQ Pro Bono Centre and mentor for

the administrative law moot teams which

represent UQ in the annual Administrative

Appeals Tribunal competition.

Ann Black

BA Qld., LLB(Hons) Qld., BSocWk Qld., LLM

Qld., SJD Bond

Dr Black currently teaches criminal law,

introduction to islamic law and asian

legal systems. She completed an SJD on

dispute resolution in Brunei Darussalam.

Her research interests include the law

and legal culture of Asia, criminal law,

alternative dispute resolution and legal

education. Dr Black is the School’s

Director of the JD program.

Anthony Cassimatis

BA Qld., LLB(Hons) Qld., LLM Camb., PhD Qld.

Dr Cassimatis teaches administrative law

and public international law and is the

Executive Director (International Law) of

the Centre for Public, International and

Comparative Law. He was academic

coordinator of teams representing the Law

School in the Philip C Jessup International

Law Moot Court Competition from 1996

to 2005. The 2005 UQ Jessup team

won the Jessup World Championship in

Washington DC. His research interests

include international law, administrative law

and public law.

Jonathan Crowe

BA(Hons) Qld., LLB Qld., PhD Qld.

Dr Crowe teaches legal theory,

constitutional law and international

humanitarian law. His research examines

the theoretical relationship between law

and ethics, looking particularly at the

nature and foundations of legal obligation

and the role of ethics in legal reasoning.

TC BEIRNE SCHOOL

OF LAW TEAM

Associate Professor Kit Baker, Associate

Dean (Research).

TC Beirne School of Law Biennial Report 2008-2009 | Page


TC BEIRNE SCHOOL

OF LAW TEAM

Alan Davidson

BA W’gong., GDipLaw Qld., LLM Qld., PhD Qld.

Dr Davidson practiced as a full-time

solicitor until 1992 and continues to

practice as a consultant. He was a

part-time lecturer and tutor in law at the

University of Wollongong for a decade

before moving to Queensland in 1992.

Before joining UQ, he was an Assistant

Professor at Bond University, lecturer

at Queensland University of Technology

(including acting Head of School), and

Associate Dean at James Cook University.

He is the Director of the Law School’s

Coursework Masters program and his

academic interests include international

banking law, specifically letters of credit

transactions, the internet and the law,

electronic commerce law and the law

relating to corporate meetings.

Darryn Jensen

BCom Qld., LLB(Hons) Qld., LLM Qld., PhD Qld.

Dr Jensen teaches trusts and sale of

land. His research is predominantly in the

areas of trusts and equitable remedies,

but he has broader interests in relation

to the structure of private law and legal

and political philosophy. He also has a

particular interest in the role of religion and

religious institutions in liberal democratic

societies.

Andrew Johnston

BA Camb., MA Camb., PhD EUI Florence

After finishing his legal studies in Europe,

Dr Johnston qualified and practised as

a solicitor with Herbert Smith in London,

before moving to the Treasury Solicitor.

Before joining UQ he taught English

and European Law at the University of

Warsaw, was a lecturer at the University

of Sheffield, a fellow and college lecturer

in law at Jesus College, Cambridge and

a Newton Trust Lecturer in the Faculty

of Law, University of Cambridge, where

he lectured company law and law &

economics. He is also a Research

Associate at the Centre for Business

Research at the University of Cambridge

and has acted as an external examiner

for the LLM at the University of London

and Kings College, London. Dr Johnston

teaches and researches company law,

corporate governance and law and

economics, and has a particular interest

in economic and sociological theories of

regulation.

Page 8 | TC Beirne School of Law Biennial Report 2008-2009

Margaret Stephenson

BA Qld., LLB Qld., LLM Qld.

Prior to commencing an academic career

Mrs Stephenson practised as a solicitor

in property law in Brisbane. She currently

teaches in the areas of property law,

native title and comparative indigenous

legal issues and her teaching experience

also includes contract law, international

law and introduction to law. Mrs

Stephenson has developed and taught

a number of courses on native title and

indigenous rights both at undergraduate

and postgraduate level, including a

postgraduate comparative indigenous

masters on-line course. In 2001 she was

Visiting Professor at Indiana University

School of Law, Indianapolis, Indiana,

USA. Her research interests include real

property law, native title and comparative

indigenous rights.

Tamara Walsh

LLB NSW, BSocWk(Hons) NSW, PhD Qld.UT

Dr Walsh’s research interest lies in the

impact of the law on people in poverty.

Her research to date has included

examinations of vagrancy law, social

security law, corrections law, citizenship

and human rights law.

Kimberlee Weatherall

BA(Govt), LLB(Hons) Syd., BCL Oxf., LLM Yale

Ms Weatherall is a Senior Lecturer in the

School of Law and an Adjunct Research

Fellow with the Australian Centre for

Intellectual Property in Agriculture. Prior

to joining the School in 2007, she was

a Senior Lecturer at the University of

Melbourne and Associate Director (Law) of

the Intellectual Property Research Institute

of Australia. She has also lectured at the

University of Sydney, and worked as a

solicitor at Mallesons Stephen Jaques

in Sydney. Ms Weatherall teaches and

researches in intellectual property law, with

a particular interest in digital copyright, the

relationship between international trade

and intellectual property, and the systems

for administration and enforcement of

intellectual property rights.

College of Law Lecturer in Legal

Ethics

Francesca Bartlett

JD Melb., BA La Trobe, PhD La Trobe

Dr Bartlett joined the School of Law in

2006 and lectures in contract law and the

legal profession. She researches in the

area of lawyers’ ethics and is particularly

interested in pro bono practice and how

the law and the practice of law impact

upon women. Before joining UQ, Dr

Bartlett practised for a number of years as

a commercial solicitor at a major national

law firm in Melbourne and Brisbane.

Lecturers

Justine Bell

LLB(Hons) Qld.UT

Ms Bell is currently completing her PhD

thesis titled ‘An Integrated Approach to

Natural Resource Management: How

Can the Land Title Register be Used to

Facilitate Environmental Sustainability?’.

She has a teaching background in tort

law and legal research and a particular

research interest in environmental and

property law.

Clare Cappa

BA Griff., LLB(Hons) Qld.UT, LLM Qld., PhD Qld.

Dr Cappa is the Director of the LLB

program and teaches into the compulsory

torts courses and coordinates the

elective criminology course. She also

teaches introduction to Australian law and

introduction to the Australian legal system

in the applied law programs.

Dr Cappa has an on-going interest in

student equity and the synergy between

pedagogy and the law curriculum and

her research interests are in the area

of speciality courts with a focus on the

impact of alternative forms of adjudication

on the future criminal justice system.

Vincent Cogliati-Bantz

BA/LLB Stras., LLM Geneva, LLM UM Florida

Mr Cogliati-Bantz joined the School of

Law in March 2005 and his professional

experience includes an assistant

Professorship at the University of Miami

School of Law and a Robert Schuman

Scholarship at the European Parliament

in the Grand-Duchy of Luxembourg. His

teaching and research interests include the

law of the sea, international organizations,

European Union law and comparative law.

Dr Clare Cappa, Director, LLB program.


Vicky Comino

BA Qld., LLB(Hons) Qld., LLM Qld.

Mrs Comino currently teaches

corporations law and contract law. Before

commencing an academic career at the

Law School, she practised as a solicitor

working at Morris Fletcher & Cross (now

Minter Ellison Lawyers) in the areas of

corporations law, leasing, commercial

and residential conveyancing, strata

development, securities and opinion work.

Mrs Comino has also undertaken voluntary

work for Legal Aid, South Brisbane

Immigration & Community Legal Service,

Women’s Equal Opportunity (WEO) and

Women and the Law Society (WATL) (UQ).

She is currently pursuing a PhD in the area

of corporate misconduct and regulation

and her other research interests include

divorce law.

Daril Gawith

BAppSc Curtin, LLB Qld.UT, GDipEdSt HIE,

PhD Qld.

Dr Gawith teaches the laws of electronic

commerce, business law, corporations

law, and income tax law. He practised

law in a Brisbane city law firm from

1995 to 1997, principally in the areas

of commercial litigation and commercial

contracts. He was also a computing

consultant and academic in the IT

field from 1978. Dr Gawith’s research

interests include consumer protection for

international electronic commerce.

Russell Hinchy

BCom Qld., LLB(Hons) Bond, LLM Qld.

Mr Hinchy teaches in the areas of

legal method and torts and is currently

completing a PhD in the area of legal

reasoning and the development of the tort

of negligence in England and Australia.

Prior to being admitted to practice

as a barrister in 1993, he worked in

various areas of public sector research,

finance and law within the Queensland

government. Since 1994 he has taught in

a variety of areas including contract, torts,

trade practices and company law and has

a research interest in company law.

Emily Hudson

BSc(Hons) Melb., LLB(Hons) Melb., LLM Melb.

Ms Hudson joined the TC Beirne School of

Law in 2009 and was previously employed

as a Research Fellow at the University

of Melbourne’s Intellectual Property

Research Institute of Australia and Centre

for Media and Communications Law.

She also worked as a solicitor at Minter

Ellison in Melbourne, where she was jointly

appointed to the Commercial Disputes and

Intellectual Property groups. Ms Hudson

is currently completing her doctoral thesis,

which compares the management and

impact of copyright on libraries, galleries,

museums and archives in Canada, the

United States and Australia. Her research

interests include personal property law,

intellectual property and privacy law, with

a particular focus on law as it relates to

cultural institutions and the arts.

Ross Kirkwood

BBus Qld.UT

Mr Kirkwood has an extensive background

in tax administration and tax compliance

having worked with the Australian Taxation

Office for 23 years before joining UQ. He

now lectures in taxation law.

Qiao Liu

MJur Oxf., MPhil Oxf.

Mr Liu is a Lecturer in the School of Law.

Prior to joining UQ in 2007, he was a

Lecturer at the University of the West of

England, Bristol and also taught as a tutor

at the University of Leicester. He teaches

and researches in contract law, and

Chinese law, with a particular interest in

comparative study of Chinese and Anglo-

Australian private law.

Susan Mendes

LLB Syd., LLM Qld.

Ms Mendes is an Associate Lecturer in

Corporations Law and Business Law.

Prior to joining UQ, she was an Associate

Lecturer at the University of New England

Law School. Ms Mendes has taught

company law and corporations law, as well

as commercial law, industrial relations, and

contracts in both the Law and Commerce

Schools at The University of Queensland

and University of New England. She has

worked in general private practice with her

areas of interest being commercial law and

indigenous matters. Her current research

interests lie in company law and classical

jurisprudence.

Suppiah Murugesan

CertStanding Lond., LLB(Hons) Lond., LLM Qld.,

PhD Qld.

Dr Murugesan was born in Singapore

and practised law in that country for over

15 years. His primary areas of research

interest are political and civil rights,

judicial independence, and separation of

powers and public interest litigation. He

currently teaches business law and legal

environment in business.

TC BEIRNE SCHOOL

OF LAW TEAM

Paul O’Shea

BA Qld., BA(Hons) Qld., LLB Qld., MSc Oregon

Mr O’Shea lectures in business law. He

has practised principally as a commercial

litigation solicitor both for city-based law

firms and as the foundation civil litigation

solicitor at Financial Counselling Services

(Qld) Inc., a community legal service.

His major area of expertise is consumer

law, particularly, consumer credit law.

His PhD research is on industry-based

consumer dispute resolution schemes and

he is a member of several such schemes

including the General Insurance Claims

Review Panel, the Financial Co-operatives

Dispute Resolution Scheme and the

Australian Timeshare Holiday Ownership

Council.

Shane Sulllivan (2008)

BA(Hons) Keele, LLM Lanc., PhD Kent

Before joining UQ, Dr Sullivan taught

within the Law departments at Durham

University, the University of Kent at

Canterbury, London Metropolitan

University, and the University of

Northampton. His teaching interests

include legal history, equity & trusts, land

law and criminal law and his current

research interests are devoted to criminal

legal history in 18th and 19th century

England. In particular his current research

focuses upon the methods used for the

informal resolution of criminal complaints

in Kent, and the significance of these

processes for undertaking work in the

history of crime.

Lisa Toohey

BA Qld., BA(Hons) Qld., LLB(Hons) Qld., LLM

Melb., PhD Qld.

Dr Toohey joined the Law School in

2003 and teaches international trade

law, dispute resolution, business law,

equity and trusts. She has been admitted

to practice as a barrister and solicitor

in Victoria, as a legal practitioner in

Queensland, and as a barrister and

solicitor of the High Court of Australia.

Prior to joining the Law School, Dr Toohey

worked in law firms in Australia and

Vietnam, where she practised in trade

law and foreign investment, corporate

litigation, and IT/IP/telecommunications

law. She has also taught courses in

Vietnam, Thailand, and Azerbaijan. Her

research interests include the World

Trade Organization, the role of law in

development, and comparative law

focusing on the Asia-Pacific region.

TC Beirne School of Law Biennial Report 2008-2009 | Page 9


TC BEIRNE SCHOOL

OF LAW TEAM

Adjunct Professors 2008-2009

The TC Beirne School of Law is committed

to maintaining close links with the legal

profession, government, industry and

the wider community. The appointment

of distinguished persons from outside

the University as Adjunct Professors in

the School optimises these links. These

persons also involve themselves in a

structured way in the School’s teaching

and research programs and afford an

excellent sounding board for new initiatives

and proposed programs.

Mr Ronald Ashton

LLB(Hons) Qld., LLM Br. Col.

Barrister at Law; Former Chairman of

Brisbane Partners, Minter Ellison Lawyers;

Former Director GIO; Past President

RACQ.

Mrs Margaret Brown

BA, LLB (Hons) Qld.

Partner, Minter Ellison Lawyers, Brisbane;

Member, The Incorporated Council of Law

Reporting for the State of Queensland;

Trade Practices Committee for the Law

Council of Australia.

The Hon Ian Callinan AC QC

LLB Qld.

Former Justice of the High Court

of Australia (1998-2007); admitted

Queensland Bar 1965 (QC 1978);

President Queensland Bar Association

(1984-87); President Australian Bar

Association (1984-85).

The Honourable Geoffrey Davies AO QC

BA, LLB Qld.

Former inaugural judge, Court of Appeal,

Supreme Court of Queensland; Chairman,

Litigation Reform Commission; Solicitor-

General (Qld); President, Queensland Bar

Association, President, Australian Bar

Association; Vice-President, Law Council

of Australia.

Dr John de Groot

BA, LLB, PhD Qld.

Special counsel, de Groot Wills & Estate

Lawyers; Chair, Succession Law Special

Accreditation Advisory Committee of

Queensland Law Society.

Mr Randal Dennings

BA, LLB(Hons) Qld.

Partner, Clayton Utz. Mr Dennings is the

founder and lead partner of the National

Compliance Division and possesses deep

experience and expertise in banking and

financial services.

The Honourable Dr Desmond Derrington

QC

BA Qld., LLB Qld., LLD (Honoris causa, Qld.)

Former Justice, Supreme Court of

Queensland; President, Medical Tribunal

(Qld); Elections Tribunal (Qld); President,

Land Appeals Court (Qld); Mental Health

Tribunal (Qld).

Page 0 | TC Beirne School of Law Biennial Report 2008-2009

Mr Roger Derrington SC

BA Qld., LLB Qld.

Barrister at Law; admitted as a barrister of

the Supreme Court of Queensland in 1986;

appointed Senior Counsel in and for the

State of Queensland in 2004.

Mr James Green

BComm

On arrival in Australia from the UK, Mr Green

worked in private practice initially before

joining the State Government in 1974. He

was a solicitor in the Solicitor-General’s office

until 1981, when he became Commissioner

of Corporate Affairs. In 1990 Mr Green joined

Queensland Treasury as their first in-house

counsel and headed the Legal Unit. In 1996,

he became Executive Director of the Office

of State Revenue.

Ms Rita Gentle

BCom Qld., LLB (Hons) Qld., FCA, FTIA.

Assistant Commissioner of Taxation,

Senior Tax Counsel, Australian Taxation

Office; former tax partner Deloitte Touche

Tohmatsu; lecturer in taxation law (masters

program); barrister; chartered accountant.

Dr Edgar Gold AM CM QC PhD FNI

BA Dalhousie., LLB Dalhousie., PhD Wales, Dipl.

Mar.(CCGChc), FNI, Master Mariner (FG).

Founding Executive Director of the Oceans

Institute of Canada; Professor of Maritime

Law, Dalhousie University, Halifax, Canada,

1977-1994.

Justice Andrew Greenwood

BA Qld., LLB Qld.

Justice of the Federal Court of Australia;

formerly Partner, Minter Ellison Lawyers,

Brisbane.

Mr Geoffrey Harley

LLB Qld.

Consultant, Clayton Utz; member of the

Australian Human Resources Institute;

member of the Australian Institute of

Company Directors.

Mr Rohan Jeffs

BA, LLB, LLM Syd.

Formerly General Counsel for Woolworths

Ltd. and Ampolex Ltd.

Mrs Jane Madden

BComm Qld., MLaw

Partner, PricewaterhouseCoopers; Fellow of

the Taxation Institute of Australia; member

of the Australian Institute of Company

Directors.

Mr Alan Millhouse

BCom Qld., LLB Qld., LLM (Hons) Lond.

Partner, Allens Arthur Robinson, Brisbane;

Director and Past President of the Banking

and Financial Services Law Association;

Past Chairman, Infrastructure Association of

Queensland Inc.

The Honourable CW Pincus QC

LLB (Hons) Qld.

Former Judge of the Court of Appeal

Queensland 1991-2001, former Judge of

the Federal Court of Australia 1985-1991.

Mr Digby Ross

BEcon UTas., FCA, FCPA

Official Receiver, Queensland and Head of

the Queensland branch of the Insolvency

and Trustee Service of Australia.

Mr Robert Wensley QC

BE (Chem)(Hons) Qld., LLB (Hons) Qld., MEngSc

Qld.

Barrister at Law; former member and

chairperson of the Queensland Building

Tribunal, and has served as an acting

judge. Currently Mr Wensley is a member

of the Senate (governing body) of The

University of Queensland.

Dr Michael White QC

BCom Qld., LLB Qld., PhD Bond.

Previously, Lieutenant Commander in

the Royal Australian Navy; barrister for

24 years in Brisbane, and made Queen’s

Counsel in 1988; full time academic at UQ

from 1999-2004 at the TC Beirne School

of Law.

The Hon Dr Glen Williams AO QC

BA (Hons) Qld., LLB (Hons) Qld.

Judge, Queensland Court of Appeal

(2000-08); President, Industrial Court of

Queensland (1998-99); Judge, Solomon

Islands Court of Appeal (1993-); Judge,

Supreme Court of Queensland (1982-

2000); Acting Judge, Supreme Court of

Queensland (1982).

Honorary Professors 2008-2009

Honorary Professor Tony Lee

Eng. Lit.(Hons1) Man.U

Reader in Law, The University of

Queensland (1973-1989); Commissioner

for Law Reform, Queensland (1990-96);

Trustee, Viertel Foundation (2002-05); then

co-author with Professor H A J Ford of

Principles of the Law of Trusts (continuing

publication).

Honorary Professor David McLauchlan

LLB, LLM VUW

David McLauchlan joined the Law Faculty

at Victoria University of Wellington in 1971

and has been Professor of Law since

1981. He is also Honorary Professor at The

University of Queensland, an associate

member of Stout Street Chambers in

Wellington. In 2008 he was the McWilliam

Professor in Commercial Law at the

University of Sydney.

Honorary Professor Horst Klaus Lücke

LLB Adelaide, Dr Jur Cologne, MCJ New York

Professor, University of Adelaide Law

School (1967-1984); Research Associate,

Max-Planck-Institute for Foreign Private

and Private International Law, Hamburg

(1990-98); Lecturer in Comparative

Law, Adelaide Law School (1999-2005);

Visiting Research Professor, University of

Adelaide Law School (2005-07). Academic

interests: contract, comparative law, legal

history and legal method.


All academic and professional staff are invited to attend the School’s annual retreat. The 2009 retreat was held at Mt Coot-tha in

December. As well as reviewing the School’s activities for the year in the main operational areas of research and teaching and learning,

the retreat also provided the opportunity for staff to make recommendations for future improvements.

School Professional Staff

Executive Officer

Ms Barbara Thorsen

BA Qld., Grad.Dip.L.I.S. Qld.UT

As Executive Officer, Barbara supports

the Head of the TC Beirne School of Law

by providing overall supervision of School

operations, including the management of

financial, human and physical resources

and by contributing to strategic planning.

PA to Head of School

Mrs Helen Braatvedt

Helen provides a high level of executive

support to the Head of School.

Programs Manager

Ms Sharmaine Wells

BCom Qld., LLB Qld., GDipLegalPrac Qld.UT

As Programs Manager, Sharmaine

is responsible for implementing and

maintaining effective and efficient

academic and student administration

policies and procedures within the

School.

Administrative Officer, Postgraduate

Programs

Mrs Jennifer Gibbons

BA

Jennifer is responsible for providing

assistance and advice to postgraduate

law students. Duties include: the

processing of applications and credit;

academic orientation organisation;

assistance at tertiary/careers events;

and to act as deputy to the Programs

Manager.

Administrative Officer, Academic

Programs & Assessment

Mrs Julie Collins

In her role as Administrative Officer,

Academic Programs & Assessment,

Julie oversees the administration of

assessment for the Law School. Julie

also assists the Programs Manager

with the administration of the School’s

academic programs, and the Research

Higher Degree Director with the

administration of the RHD program.

Office Supervisor

Mrs Margaret Mills

Margaret is responsible for overseeing

the efficient and professional functioning

of the Law School’s Front Office and

reception area and coordinating the

production and dissemination of learning

resources.

She provides administrative support to

the Directors of Programs, committees

and academic staff. Margaret also assists

students and members of the public who

require information on matters relating to

the University and the Law School.

Administrative Assistants (Reception)

Mrs Beth Williams

BA Griff.

Ms Angela Doust (2008)

Ms Alexandra Peake (2009)

The School’s Administrative Assistants

are responsible for assisting with the

efficient operation of the Law School’s

Front Office and reception area. As well

as providing administrative support to

Academic and Professional staff they

also assists students and members of the

public who require information on matters

relating to the University and the Law

School.

Research Officer

Ms Vivianne Mulder

BA Macq.

In the role of Research Officer, Vivianne

is responsible for the development and

coordination of strategies that foster and

promote research activities of the TC

Beirne School of Law and to undertake

administrative functions to support

research activities.

The Research Office coordinates and

promotes the research activities of

the School. This includes collecting

publication information, providing

assistance with grant applications,

supporting the School’s research centres,

producing and publishing academic

journals, and organising and promoting

research-related events such as seminars

and conferences.

TC Beirne School of Law Biennial Report 2008-2009 | Page


TC BEIRNE SCHOOL

OF LAW TEAM

Administrative Officer (Research and

Projects)

Ms Rowena Peake

BA (Hons) Qld.

In this role Rowena supports the activities

of the School’s Research Office by

collecting and promoting the School’s

research output, providing assistance

with research grant applications, and

producing and publishing academic

journals. She also assists the Head

of School and the School Executive

Officer with special projects, and is the

administrative assistant for the School’s

Teaching Support Unit.

Finance Officer

Mrs Kathryn Peel

This position is responsible for the

administration of the Law School’s

financial resources.

Finance Assistant

Ms Anne Mirabella

In the position of Finance Assistant, Anne

supports the administration of the Law

School’s financial resources.

Timetable and Human Resources

Officer

Ms Jana Romanet

Jana assists the School Executive

Officer with the administration and

coordination of the School’s timetabling

and associated activities. In addition,

she undertakes the human resources

functions of the School.

Information Technology Officer

Mr Vu Ngo

Microsoft Certified Systems Engineer (MCSE)

Vu assists the Head of School and

the School Executive Officer in the

administration of policy and procedures

in relation to computing matters within

the School. This includes responsibility

for overall management of the School’s

computing facilities, installation and

maintenance of hardware and software

(including software licensing); provision

of training and technical support to

academic, professional and research staff

and postgraduate students within the

School.

Page 2 | TC Beirne School of Law Biennial Report 2008-2009

Web Development & IT Officer

Mr Stephen Meadowcroft

Stephen is responsible for developing,

administering and maintaining the

websites for the TC Beirne School of Law

and its various centres in accordance

with current UQ Corporate standards.

This involves liaising with both academic

and professional staff in the development

of websites as well as communicating

with the Office of Marketing and

Communications regularly on joint

associated web projects.

In conjunction with the IT Officer, Stephen

is also responsible for the School’s

computing facilities, installation and

maintenance of hardware and software

(including software licensing); provision

of training and technical support to

academic, general and research staff and

postgraduate students within the School.

Marketing Manager

Ms Teola Marsh (Acting 2008-2009)

Ms Lynda Flower (2009)

BA (Journalism & English) Qld.

The Marketing Manager provides

assistance to the Head of School and the

School Executive Officer in the planning,

development and implementation of the

School’s marketing, communications,

student recruitment and event

management activities.

The Marketing Manager also contributes

to the development and management

of the School’s strategic marketing

plan, develops initiatives to penetrate

target markets, builds relationships with

key media, oversees the design and

production of School promotional material

and coordinates the planning and running

of key School and University marketing

and external relations events.

Communications and External

Relations Officer

Ms Tina Vasiljevic (Acting)

Tina promotes the School’s research

and other activities and provides

assistance to the Marketing Manager

in the development and coordination

of strategies to increase and maintain

the ongoing participation of alumni and

adjunct professors across the range of

activities within the School.

In this position, Tina communicates the

importance of legal research to the legal

profession and wider community through

the production of law journals and

newsletters, developing and maintaining

the School’s research website, and

assisting with the planning and running of

key research and external relations events

Centre Manager – ACIPA

Ms Carol Ballard

The Centre Manager is responsible

for: operational and strategic planning

to progress the Centre’s objectives;

providing strategic advice and support

to the Director and Associate Directors in

long term planning and implementation of

teaching and research programs across

the three nodes of the Centre located

at The University of Queensland, Griffith

University and The Australian National

University.


Staff Publications 2008-2009

Books 2009, 2008

N Aroney, The Constitution of a Federal

Commonwealth: The Making and Meaning

of the Australian Constitution (Cambridge

University Press, Cambridge 2009)

N Aroney, S Prasser, J Nethercote (eds),

Restraining Elective Dictatorship: The Upper

House Solution? (University of Western

Australia Press, Perth 2008)

K Barker, R Grantham, Unjust Enrichment

(LexisNexis, Sydney 2008)

L Bently, B Sherman, Intellectual Property

Law (3rd edn Oxford University Press,

United Kingdom 2008)

A Black and others, Legal Studies for

Queensland Vol 1 (5th edn Legal Eagles

publications, Brisbane 2008)

A Clarke, J Devereux, Torts: A Practical

Learning Approach (Butterworths, Sydney

2008)

C Cook and others, Laying Down the Law

(7th edn LexisNexis, Sydney 2008)

J Crowe, Legal Theory (Law Book

Company, Sydney 2009)

A Davidson, The Law of Electronic

Commerce (Cambridge University Press,

Melbourne 2009)

H Douglas, Aboriginal Australians and the

Criminal Law: History, Policy, Culture (VDM

Verlag, Saarbrucken 2009)

H Douglas, S Harbidge, Criminal Process

in Queensland (Law Book Company, NSW

2008)

R Hinchy, P McDermott, Company Law

(2nd edn Pearson Prentice Hall, Frenchs

Forest, NSW 2009)

R Hinchy, P McDermott (eds),

Fundamental Company Legislation 2008

(Pearson Prentice Hall, Frenchs Forest, NSW

2008)

R Hinchy, The Australian Legal System:

History, Institutions and Method (Pearson

Longman, Sydney 2008)

N James, Business Law (Wiley and Sons,

Milton, Queensland 2009)

N James, Critical Legal Thinking (Pearson,

Frenchs Forest, NSW 2009)

A Johnston, EC Regulation of Corporate

Governance (Cambridge University Press,

Cambridge 2009)

S Ratnapala, Jurisprudence (Cambridge

University Press, Melbourne 2009)

C Rickett, R Grantham (eds), Structure

and Justification in Private Law: Essays for

Peter Birks (Hart Publishing, Oxford 2008)

K Sadiq and others, Australian Tax Analysis

(7th edn Pyrmont, NSW 2009)

K Sadiq and others, Principles of Taxation

Law (2nd edn Pyrmont, NSW 2009)

K Sadiq and others (eds), Principles of

Taxation Law (Thomson Reuters, Sydney

2008)

A Schloenhardt, Palermo on the Pacific

Rim: Organised Crime Offences in the Asia

Pacific Region (Study Report, Bangkok

2009)

A Schloenhardt, Queensland Criminal Law

(3rd edn Oxford University Press, Melbourne

2008)

A Schloenhardt, The Illegal Trade in

Timber and Timber Products in the Asia

Pacific Region (Research and Public Policy

Series, Australian Institute of Criminology,

Canberra (ACT) 2008)

M Stephenson, E Webb, Land Law (3rd

edn Butterworths, NSW 2009)

M White, Australian Offshore Laws

(Federation Press, the, 2009)

Book Chapters 2009, 2008

J Allan, ‘The Travails of Justice Waldron’

in G Huscroft (ed), Expounding the

Constitution (Cambridge University Press,

New York 2008) 161-183

C Anderson, D Morrison, ‘The

Commencement of the Company Rescue:

How and When Does It Start?’ in Paul

J Omar (ed), International Insolvency

Law Themes and Perspectives (Ashgate

Publishing, Aldershot Hampshire England

2008) 83-104

N Aroney, ‘Before Federalism? Thomas

Aquinas, Jean Quidort and Nicolas

Cusanus’ in Ann Ward and Lee Ward (ed),

The Ashgate Research Companion on

Federalism (Ashgate Publishing Limited,

London 2009) 31-48

N Aroney, ‘The Implied Rights Revolution:

Sacrificing Means to Ends?’ in HP Lee

and Peter Gerangelos (ed), Constitutional

Advancement in a Frozen Continent: Essays

in Honour of George Winterton (Federation

Press, Sydney 2009) 173-188

N Aroney, ‘Bicameralism and

Representations of Democracy’ in Nicholas

Aroney, Scott Prasser and John Nethercote

(eds), Restraining Elective Dictatorship:

The Upper House Solution? (University of

Western Australia Press, Perth 2008) 20-35

N Aroney, ‘Unity and Diversity in Federal

Australia’ in Rupak Chattopadhyay and

Abigail Ostien Karos (ed), Dialogues on

Diversity and Unity in Federal Countries

(McGill-Queen’s University Press, Montreal

2008) 10-12

K Barker, ‘The Nature of Responsibility for

Gain: Gain, Harm and Keeping the Lid on

Pandora’s Box’ in R Chambers, C Mitchell, J

Penner (eds), The Philosophical Foundations

of the Law of Unjust Enrichment (Oxford

University Press, Oxford 2009) 146-180

APPENDIX

K Barker, ‘Economic Loss and the Duty

of Care: A Study in the Exercise of Legal

Justification’ in C Rickett (ed), Justifying

Private Law Remedies (Hart Publishing,

Oxford 2008) 173-201

K Barker, ‘Responsibility for Gain: Unjust

Factors or Absence of Legal Ground?

Starting Points in Unjust Enrichment Law

in C Rickett, R Grantham (eds), Structure

and Justification in Private Law (Hart, Oxford

2008) 47-74

A Black, ‘Criminal Law’ in Clive Turner

(ed), Australian Commercial Law (27th edn

Lawbook Co., Sydney 2009) 836-854

A Black, ‘Finding the Equilibrium for

Dispute Resolution: How Brunei Darussalam

Balances a British Legacy with Its Malay

and Islamic Identity’ in Joseph Liow and

Nadirsyah Hosen (ed), Islam in Southeast

Asia (Routledge, New York 2009) 185-214

R Burrell, ‘Trade Mark Bureaucracies’ in

Graeme B. Dinwoodie, Mark D. Janis (eds),

Trademark Law and Theory: A Handbook

of Contemporary Research (Edward Elgar,

Cheltenham, UK and Northampton, MA,

USA 2008) 95-131

C Cappa, ‘Legal Research’ in Hinchy,

Russell (eds), The Australian Legal System:

History, Institutions and Method (Pearson

Education Australia, Frenchs Forest, NSW

2008) 464-473

C Cappa, ‘Legal Writing’ in Hinchy, Russell

(eds), The Australian Legal System: History,

Institutions and Method (Pearson Education

Australia, Frenchs Forest, NSW 2008) 474-

484

A Cassimatis, ‘Developing States, the

Generalized System of Preferences and

Trade Measures to Enhance Human Rights’

in Ross Buckley, Vai lo Lo and Laurence

Boulle (eds), Challenges to Multilateral

Trade: The Impact of Bilateral, Preferential

and Regional Agreements (Kluwer Law

International, The Netherlands 2008) 201-

219

J Corrin, ‘Solomon Islands’ in Professor

Stephen Levine (ed), Pacific Ways:

Government and Politics in Pacific Islands

(Victoria University Press, New Zealand

2009) 212-220

J Corrin, ‘Is It Well With the Child?’:

Custody of Children in Small South Pacific

States’ in Bill Atkin (ed), International Survey

of Family Law (Family Law, New Zealand

2009) 469-489

J Corrin, ‘Getting a Fair Share: Financial

Relief on Breakdown of Marriage in Samoa’

in Bill Atkin (ed), International Survey of

Family Law (Jordan Publishing Limited,

Bristol 2008) 297-316

J Corrin, ‘Resolving Land Disputes in

Samoa’ in Levantis, Theo; Sullivan, Marjorie;

O’Connor, Peter; Munro, John; Wawrzonek,

Steven (eds), Making Land Work (AusAID,

Canberra 2008) 199-221

TC Beirne School of Law Biennial Report 2008-2009 | Page


APPENDIX

J Crowe, ‘Levinasian Ethics and the

Concept of Law’ in Desmond Manderson

(ed), Essays on Levinas and Law: A Mosaic

(Palgrave Macmillan, Houndmills 2009)

39-54

J Devereux and others, ‘Legal Concerns

and Effective Advocacy Strategies’ in

Jerome Engel, Timothy Pedley (eds),

Epilepsy A Comprehensive Textbook (2nd

edn Wolters Kluwer/Lippincott Williams and

Wilkins, Philadelphia 2008) 2277-2282

H Douglas, ‘The Demise of the Provocation

Defence and the Failure of Equality

Concepts’ in Rosemary Hunter (ed),

Rethinking Equality Projects in Law: Feminist

Challenges (Hart Publishing, Portland 2008)

41-58

J Farmer, W Middleton, J Devereux,

‘Dissociative Identity Disorder and Criminal

Responsibility’ in Adrian Sachs and Graeme

Galton (ed), Forensic Aspects of Dissociative

Identity Disorder (Karnac, London 2008)

79-99

C Forrest, ‘International and National

Laws Relating to Archaeology Under Water’

in Bowens, Amanda (eds), Underwater

Archaeology: The Nautical Archaeological

Society Guide to Principles and Practice

(2nd edn Blackwell Publishers Inc, West

Sussex UK 2008) 45-52

N Gaskell, ‘Bills of Lading in an Electronic

Age’ in J Schelin (ed), General Trends in

Maritime and Transport Law 1929-2009

(Jura AB, Stockholm 2009) 147-210

R Grantham, C Rickett, ‘Unjust

Enrichment - Reason, Place and Content’

in Charles Rickett and Ross Grantham (ed),

Structure and Justification in Private Law:

Essays for Peter Birks (Hart Publishing,

Oxford 2008) 5-18

BA Hocking, M Stephenson, ‘Why the

Persistent Absence of a Foundational

Principle? Indigenous Australians,

Proprietary and Family Reparations’ in

Frederico Lenzerini (ed), Reparation for

Indigenous Peoples: International and

Comparative Perspectives (Oxford University

Press, New York 2008) 477-522

S Hubicki, B Sherman, ‘We Have Never

Been Modern: The High Court’s Decision

in National Research Development

Corporation v Commissioner of Patents’ in

Kenyon, A, Richardson, M, & Ricketson, S

(eds), Landmarks in Australian Intellectual

Property Law (Cambridge University Press,

Melbourne 2009) 73-96

D Jensen, ‘Compensation for Breach of

Trust - The Remoteness Impasse’ in Charles

EF Rickett (ed), Justifying Private Law

Remedies (Hart Publishing, Oxford 2008)

205-221

D Morrison, ‘Extended Problems and

Answers’ in Gibson and Fraser (ed),

Business Law (2nd edn Pearson Education

Australia, Sydney Australia 2008) 1-20

Page | TC Beirne School of Law Biennial Report 2008-2009

G Orr, G Dale, ‘The Political System’ in Ian

Freckleton and Hugh Selby (ed), Appealing

to the Future: Michael Kirby and His Legacy

(Thomson Law Book Company, Pyrmont,

NSW 2009) 661-683

G Orr, ‘Citizenship, Interests, Community

and Expression: Expatriate Voting Rights

in Australian Elections’ in Simon Bronitt

and Kim Rubenstein (ed), Citizenship in

a Post-National World: Australia and

Europe Compared (The Federation Press,

Annandale, Sydney 2008) 24-37

J Palmer, C Rickett, ‘Joint Ventures and

Fiduciary Law’ in Maree Chetwin and

Philip A Joseph (ed), Joint Ventures Law

(Centre for Commercial and Corporate Law,

University of Canterbury, Christchurch 2008)

81-94

S Prasser, JR Nethercote, N Aroney,

‘Upper Houses and the Problem of

Elective Dictatorship’ in Nicholas Aroney,

Scott Prasser and JR Nethercote (eds),

Restraining Elective Dictatorship: The Upper

House Solution? (University of Western

Australia Press, Perth 2008) xv-xxi

K Sadiq, ‘The Under Appreciated

Implications of the Tax Expenditure

Concept (Commentary)’ in Krever & Evans

(eds), Australian Business Tax Reform

in Retrospect and Prospect (Thomson

Reuters, Pyrmont, NSW 2009) 259-267

A Schloenhardt, ‘Illegal Migration and

Migrant Smuggling in the Asia-Pacific:

Balancing Regional Security and Human

Rights’ in Melissa G Curley & Wong Siu-lun

(eds), Security and Migration in Asia: The

Dynamics of Securitisation (Routledge

Publishers, London 2008) 35-55

A Schloenhardt, ‘Transnational

Organized Crime’ in M Cherif Bassiouni

(ed), International Criminal Law, Volume 1:

Sources, Subjects, and Contents (3rd edn

Martinus Nijhoff Publishers, Boston (MA),

Leiden 2008) 939-962

B Sherman, L Bently, S Hubicki, ‘Patent

Issues in Biotechnology’ in (ed), The

Encyclopaedia of the Human Genome

(Macmillan Reference, London 2009)

B Sherman, ‘Plant Intellectual Property’

in (ed), Dictionary of Intellectual Property

Terms (Cambridge University Press, 2009)

(forthcoming)

M Stephenson, ‘Property Law’ in Clive

Turner (ed), Australian Commercial Law

(27th edn Lawbook Co., Sydney, Australia.

2009) 415-448

L Toohey, ‘Stepping Stones and

Stumbling Blocks: Vietnam’s Regional

Trade Arrangements and WTO Accession’

in R Buckley, L Boulle and V Io Lo (eds),

Challenges to Multilateral Trade: The Impact

of Bilateral, Preferential and Regional

Agreements (Kluwer Law International, The

Hague 2008) 65-84

K Weatherall, ‘Intellectual Property in

a Possible China-Australia Free Trade

Agreement’ in Sisira Jayasuriya, Donald

MacLaren and Gary Magee (eds), Negotiating

a Preferential Trading Agreement (Edward

Elgar Publishing Limited, United Kingdom

2009) 155-169

Journal Articles 2009, 2008

J Allan, ‘Implied Rights and Federalism:

Inventing Intentions While Ignoring Them’

(2009) 34 (2) University of Western Australia

Law Review 228-237

J Allan, ‘Meagher’s Mischaracterisations of

Majoritarianism: A Reply’ (2009) 20 (1) King’s

Law Journal 115-128

J Allan, ‘Tom Campbell and Democratic

Legal Positivism’ (2009) 34 (2009) Australian

Journal of Legal Philosophy 283-293

J Allan, N Aroney, ‘An Uncommon Court:

How the High Court of Australia Has

Undermined Australian Federalism’ (2008) 30

(2) Sydney Law Review 245-294

J Allan, ‘Jeremy Waldron and the

Philosopher’s Stone’ (2008) 45 (1) San Diego

Law Review 133-162

C Anderson, D Morrison, ‘Seen but Not

Heard? The Significance of Shareholders

Under Pt 5.3A of the Corporations Act’ (2008)

16 (4) Insolvency Law Journal 222-234

N Aroney, S Prasser, ‘Real Constitutional

Reform After Fitzgerald: Still Waiting for

Godot’ (2009) 18 (3) Griffith Law Review

(forthcoming)

N Aroney, ‘Constitutional Choices in the

Work Choices Case, or What Exactly is

Wrong with the Reserved Powers Doctrine?’

(2008) 32 (1) Melbourne University Law

Review 1-43

N Aroney, ‘Democracy, Community and

Federalism in Electoral Apportionment

Cases: The United States, Canada and

Australia in Comparative Perspective’ (2008)

58 (4) University of Toronto Law Journal

421-480

N Aroney, ‘Four Reasons for an Upper

House: Representative Democracy, Public

Debate, Legislative Outputs And Executive

Accountability’ (2008) 29 (1) Adelaide Law

Review 205-246

N Aroney, ‘Julius Stone and the End of

Sociological Jurisprudence: Articulating

the Reasons for Decision in Political

Communication Cases’ (2008) 31 (1)

University of New South Wales Law Journal

107-135

N Aroney, ‘Reasonable Disagreement,

Democracy and the Judicial Safeguards

of Federalism’’ (2008) 27 (1) University of

Queensland Law Journal 129-143

R Baird, ‘Australia’s Response to Illegal

Foreign Fishing: A Case of Winning the

Battle but Losing the Law?’ (2008) 23 (154)

International Journal of Marine and Coastal

Law 95-124


R Baird, ‘The Antarctic Treaty System and

Japan’s Scientific Whaling in the Southern

Ocean - Is There an Obligation to Protect

the Antarctic Marine Ecosystem?’ (2008) 11

(3 & 4) Asia-Pacific Journal of Environmental

Law 193-206

F Bartlett, L Aitken, ‘Competence in Caring

in Legal Practice’ (2009) 16 (3) International

Journal of the Legal Profession 20

F Bartlett, R Mortensen, M Robertson,

‘Editor’ (2009) 28 (4) University of

Queensland Law Journal 200

F Bartlett, ‘Student Misconduct and

Admission to Legal Practise - New Judicial

Approaches’ (2009) 34 (2) Monash

University Law Review 309-330

F Bartlett, ‘The Ethics of ‘Transgressive’

Lawyering: Considering the Defence of

Dr Haneef’ (2009) 28 (2) University of

Queensland Law Journal 309-325

F Bartlett, ‘Model Advocates or a Model for

Change?’ (2008) 32 (2) Melbourne University

Law Review 351-381

F Bartlett, ‘Professional Discipline

Against Female Lawyers in Queensland - A

Gendered Analysis’ (2008) 17 (1) Griffith Law

Review 301-329

S Bateman, M White, ‘Compulsory

Pilotage in the Torres Strait: Overcoming

Unacceptable Risks to a Sensitive Marine

Environment’ (2009) 40 Ocean Development

and International Law 184-204

P Billings, ‘Still Paying the Price for Benign

Intentions? Contextualising Contemporary

Interventions in the Lives of Aboriginal

Peoples’ (2009) 33 (1) Melbourne University

Law Review 1-38

A Black, ‘Fatwas and Surgery: How and

Why a Fatwa May Inform a Muslim Patient’s

Surgical Options’ (2009) 79 (12) Australian

and New Zealand Journal of Surgery 866-

871

A Black, N Hosen, ‘Fatwas; Their Role in

Contemporary Secular Australia’ (2009) 18

(2) Griffith Law Review 405-427

A Black, ‘Why Islamic Law Matters in

Queensland’ (2009) 29 (April 3) Proctor

25-27

A Black, ‘’The Stronger Rule of the More

Enlightened European’: The Consequences

of Colonialism on Dispute Resolution in

the Sultanate of Brunei’ (2009) 13 (1) Legal

History 93-122

A Black, ‘Accommodating Shariah Law

in Australia’s Legal System’ (2008) 33 (4)

Alternative Law Journal 214-219

A Black, ‘Finding the Role for Shari’a Law in

Post- Reformasi Indonesia’ [2008] LAWASIA

Journal 165-180

A Black, ‘Ideology and Law: The Impact

of the MIB Ideology on Law and Dispute

Resolution in the Sultanate of Brunei

Darussalam’ (2008) 3 (1) Asian Journal of

Comparative Law 1-41

P Bordahandy, C Forrest, ‘Maritime

Security and Maritime Law in Australia’

(2008) 14 (2) Journal of International

Maritime Law 162-179

R Burrell, M Handler, ‘Dilution and

Trademark Registration’ (2008) 17 (3)

Transnational Law and Contemporary

Problems 713-755

R Burrell, K Weatherall, ‘Exporting

Controversy? Reactions to the Copyright

Provisions of the U.S.-Australia Free Trade

Agreement: Lessons for U.S. Trade Policy’

[2008] (2) University of Illinois Journal of Law,

Technology and Policy 259-319

A Cassimatis, ‘Government Procurement

Following the Australia US Free Trade

Agreement - Is Australia Complying with

Its Obligations to Provide Remedies to

Unsuccessful Tenderers?’ (2008) 30 (3)

Sydney Law Review 412-438

M Chauchat, V Cogliati-Bantz,

‘Nationality and Citizenship in a Devolution

Context: Australian and New Caledonian

Experiences’ (2008) 27 (2) University of

Queensland Law Journal 193-220

J Chesterman, H Douglas, ‘Law on

Australia’s Northern Frontier: The Fall and

Rise of Race’ (2009) 24 (1) Canadian Journal

of Law and Society 69-83

V Cogliati-Bantz, ‘Hoshinmaru (Japan v

Russian Federation) and Tomimaru (Japan

v Russian Federation) Prompt Release

Judgments’ (2009) 58 (1) International and

Comparative Law Quarterly 241-258

V Comino, ‘The Challenge of Corporate

Law Enforcement in Australia’ (2009) 23

(3) Australian Journal of Corporate Law

233-265

J Corrin, ‘Australia: Country Report

on Human Rights’ (2009) 40 (1) Victoria

University of Wellington Law Review 37-55

J Corrin, ‘Bargaining with Bainimara: The

Price of Judicial Appointment in Fiji’ (2009)

29 (6) Proctor 27-30

J Corrin, ‘Discarding Relics of the Past:

Patriation of Laws in the South Pacific’

(2009) 39 (4) Victoria University of Wellington

Law Review 635-658

J Corrin, ‘From Horizontal and Vertical

to Lateral: Extending the Effect of Human

Rights in Post Colonial Legal Systems of the

South Pacific’ (2009) 58 (1) International and

Comparative Law Quarterly 31-71

J Corrin, H Douglas, ‘Another Aboriginal

Death in Custody: Uneasy Alliances and

Tensions in the Mulrunji Case’ (2008) 28 (4)

Legal Studies 531-558

J Corrin, ‘Customary Law and the

Language of the Common Law’ (2008) 37

(2008) Common Law World Review 305-333

J Corrin, ‘Land, Law Reform and the Faa-

Samoa’ [2008] (2008) LAWASIA Journal

31-46

APPENDIX

J Corrin, ‘Ples Bilong Mere *: Law, Gender

and Peace-Building in Solomon Islands’

(2008) 16 (Number 2, August 2008)

Feminist Legal Studies 169-194

J Crowe, ‘Explaining Natural Rights:

Ontological Freedom and the Foundations

of Political Discourse’ (2009) 4 (1) New York

University Journal of Law and Liberty 70-111

J Crowe, L Toohey, ‘From Good Intentions

to Ethical Outcomes: The Paramountcy of

Children’s Interests in the Family Law Act’

(2009) 33 (2) Melbourne University Law

Review 391-414

J Crowe, ‘Misuse of the Red Cross

Emblem: Current Issues and Future

Challenges’ (2009) 16 (1) Australian Red

Cross International Humanitarian Law

Magazine 10-11

J Crowe, ‘Combatant Status and the “War

on Terror”: Lessons from the Hicks Case’

(2008) 33 (2) Alternative Law Journal 67-69

J Crowe, ‘Levinasian Ethics and Animal

Rights’ (2008) 26 (2) Windsor Yearbook of

Access to Justice 313-328

J Crowe, ‘Self and Other in Ethics and

Law: A Comment on Manderson’ (2008)

33 Australian Journal of Legal Philosophy

145-151

J Crowe, R Field, ‘The Problem of

Legitimacy in Mediation’ (2008) 9 (1)

Contemporary Issues in Law 48-60

J Crowe, ‘What’s So Bad About Judicial

Review?’ (2008) 24 (4) Policy 30-35

S Derrington, ‘Towage Contracts in

Australia - Does Your Contract Say What

You Think It Does?’ (2008) 8 (1) Shipping &

Transport Lawyer International 28-30

S Derrington, ‘Une Brève Introduction Au

Droit Maritime Australien’ (2008) XXVI (1)

Annuaire De Droit Maritime Et Océanique

571-586

J Devereux, ‘Callinan, the Constitution and

Criminal Law: a Decade of Pragmatism’

(2008) 27 (1) University of Queensland Law

Journal 71-89

H Douglas, ‘Abortion Reform: A State

Crime or a Woman’s Right to Choose?’

(2009) 33 (2) Criminal Law Journal 74-86

H Douglas, T Walsh, ‘Mothers and the

Child Protection System’ (2009) 23 (2)

International Journal of Law, Policy and the

Family 211-229

H Douglas, T Walsh, ‘Searching for a

Safe Place: Immigrant Women and Child

Protection’ [2009] Pandora’s Box 14-19

H Douglas, J Chesterman, ‘Creating a

Legal Identity: Aboriginal People and the

Assimilation Census’ (2008) 32 (3) Journal of

Australian Studies 375-391

H Douglas, ‘Post-Sentence Preventive

Detention: Dangerous and Risky’ [2008](11)

Criminal Law Review 854-873

TC Beirne School of Law Biennial Report 2008-2009 | Page


APPENDIX

H Douglas, ‘The Criminal Law’s Response

to Domestic Violence: What’s Going On?’

(2008) 30 (3) Sydney Law Review 439-469

C Forrest, ‘Historic Wreck Salvage: an

International Perspective’ (2009) 33 (2)

Tulane Maritime Law Journal 347-379

C Forrest, ‘The Hague Convention on

Choice Of Court Agreements: The Maritime

Exceptions’ (2009) 5 (3) Journal of Private

International Law 491-516

C Forrest, ‘At Last: a Convention on the

Removal of Wrecks’ (2008) 14 (5) Journal of

International Maritime Law 394-408

C Forrest, ‘South African Maritime Law

(2008) 1 (1) International Maritime and

Commercial Law Yearbook 104-111

C Forrest, ‘’The Balancing of Maritime

Interests in the Southern African Oceans

in Light of the New International Maritime

Security Regime’’ (2008) 41 (1) The

Comparative and International Law Journal

of Southern Africa 1-23

N Gaskell, C Forrest, ‘Marine Pollution

Damage in Australia: Implementing the

Bunker Oil Convention 2001 and the

Supplementary Fund Protocol 2003’ (2008)

27 (2) University of Queensland Law Journal

103-163

D Gawith, ‘Choosing the Best Remedy:

A Methodology for Assessment of Cost

Effectiveness in Competing International

Consumer Transaction Redress Methods’

(2009) 6 Macquarie Journal of Business Law

21-36

D Gawith, ‘Cost-effective Redress for

Disputed/failed Low-value International

Consumer Transactions: Current Status and

Potential Directions’ (2009) 37 (2) Australian

Business Law Review 83-109

K Gibson, ‘An Uneasy Co-existence: The

Relationship Between Internationalised

Criminal Courts and Their Domestic

Counterparts’ (2009) 9 (2) International

Criminal Law Review 275-300

R Grantham, C Rickett, ‘A Normative

Account of Defences to Restitutionary

Liability’ (2008) 67 (1) Cambridge Law

Journal 34

D Hamer, ‘The Expectation of Incorrect

Acquittals and The New and Compelling

Evidence Exception to Double Jeopardy’

[2009] (2) Criminal Law Review 63-79

D Hamer, ‘Admissibility and Use of

Relationship Evidence in HML v The Queen:

One Step Forward, Two Steps Back’ (2008)

32 (December) Criminal Law Journal 351-

367

N James, ‘Distracting the Masses:

Corporate Convictions and the

Legitimisation of Neo-Liberalism’ (2008) 8

Macquarie Law Journal 179-201

D Jensen, ‘Faith, Conscience and

Legislation’ (2008) 27 (2) University of

Queensland Law Journal 85-101

Page | TC Beirne School of Law Biennial Report 2008-2009

A Johnston, P Syrpis, ‘Regulatory

Competition in European Company Law

After Cartesio’ (2009) 34 (3) European Law

Review 378-404

A Johnston, ‘Review of Veljanovski:

Economic Principles of Law’ (2008) 71 (3)

Modern Law Review 499-504

G Marston, T Walsh, ‘A Case of

Misrepresentation: Prosecuting “Welfare

Cheats” Inside and Outside the Courts’

(2008) 17 (1) Griffith Law Review 285-300

P McDermott, ‘Australian Citizenship and

the Independence of Papua New Guinea’

(2009) 32 (1) University of New South Wales

Law Journal 50-74

P McDermott, ‘Select Equity and Property

Judgements of Justice GN Williams AO’

(2008) 2007 (1) Supreme Court History

Program Yearbook 2007 121-149

D Morrison, ‘Bankruptcy Research in

Australia: A Review’ (2009) 17 (4) Insolvency

Law Journal 209-213

D Morrison, J Routledge, ‘Voluntary

Administration: Patterns of Corporate

Decline’ (2009) 27 (2) Company and

Securities Law Journal 95-107

D Morrison, ‘Milestones in Bankruptcy and

Insolvency Laws’ (2008) 16 (1) Insolvency

Law Journal 43-46

S Murugesan, ‘Singapore’s Economic

Triumvirate’ (2008) 2 (2008) National Judicial

Law Journal Academy 105-122

S Murugesan, ‘The Elected Presidency

Under the Singapore Constitutional Model

of Pragmatic Governance’ [2008] LAWASIA

Journal 146-162

P O’Shea, ‘Consumer Credit: Too Much

Information?’ [2009] (90 January/February)

Precedent 22-28

G Orr, R Levy, ‘Electoral Malapportionment:

Partisanship, Rhetoric and Reform in the

Shadow of the Agrarian Strongman’ (2009)

18 (3) Griffith Law Review 638-665

G Orr, G Williams, ‘The People’s

Choice: The Prisoner Franchise and the

Constitutional Protection of Voting Rights in

Australia’ (2009) 8 (2) Election Law Journal

123-139

B Rao, ‘The Interpretation and Construction

of Insurance Contracts.’ (2008) 19 (3)

Insurance Law Journal 193-222

S Ratnapala, J Crowe, L Toohey,

‘(Editors)’ [2008] LAWASIA Journal (236pp)

S Ratnapala, ‘Constitutionalism of Justice

Ian Callinan’ (2008) 2007 (1) Supreme Court

History Program Yearbook 2007 105-109

S Ratnapala, ‘The Role of Government

in a Liberal Society’ [2008] (118) Centre for

Independent Studies Occasional Papers

1-20

C Rickett, ‘Understanding Remedies for

Breach of Trust’ (2008) 11 (4) Otago Law

Review 603-628

K Sadiq, ‘The Allocation of Taxing Rights

of Ship and Aircraft Leasing Profits Under

Australia’s Tax Treaties’ (2008) 22 (1) Australia

and New Zealand Maritime Law Journal

220-227

K Sadiq, ‘The Implementation of Social and

Economic Policy through the Tax Regime:

A Review of Australia’s Tax Expenditures

Program’ (2008) 23 (4) Australian Tax Forum

339-357

K Sadiq, ‘The Taxation of Multinational

Banking Income: Is the Traditional Rationale

Correct?’ (2008) 19 (4) Journal of Banking

Finance Law and Practice 229-248

A Schloenhardt, ‘Crimes (Criminal

Organisations Control) Act 2009 (NSW)’

(2009) 33 (4) Criminal Law Journal 281-286

A Schloenhardt, L Cameron, ‘Happy

Birthday, Brothels! Ten Years of Prostitution

Regulation in Queensland’ (2009) 29 (4)

Queensland Lawyer 194-220

A Schloenhardt, G Beirne, T Corsbie,

‘Human Trafficking and Sexual Servitude

in Australia’ (2009) 32 (1) University of New

South Wales Law Journal 27-49

A Schloenhardt, ‘Taming the Triads:

Organised Crime Offences in PR China,

Hong Kong and Macau’ (2009) 38 (3) Hong

Kong Law Journal 645-685

A Schloenhardt, T Corsbie, G Beirne,

‘Trafficking in Persons in Australia: Myths and

Realities’ (2009) 10 (3) Global Crime 224-247

A Schloenhardt, ‘Human Trafficking

Still Lurking in the Shadows’ [2008] (409)

Lawyer’s Weekly 24-25

A Schloenhardt, ‘Mafias and Motorbikes:

New Organised Crime Offences in Australia’

(2008) 19 (3) Current Issues in Criminal

Justice 259-282

A Schloenhardt, ‘Transnational Organized

Crime and International Criminal Law’ (2008)

10 Waseda Proceedings of Comparative Law

311-334

B Sherman, ‘Developments in Copyright:

the Last 40 Years’ (2009) 27 (4) Copyright

Reporter 122

B Sherman, ‘Copyright Protection for

Indigenous Creations: Issues for the Future’

(2008) 19 (Special Feature) Intellectual

Property Law and Policy Journal 191-220

B Sherman, ‘Taxonomic Property’ (2008) 67

(3) Cambridge Law Journal 560-584

M Stephenson, ‘International and

Comparative Indigenous Rights via Video-

Conferencing’ (2009) 19 (2) Legal Education

Review 237-255

M Stephenson, ‘To Lease or Not to Lease?

The Leasing of Indigenous Statutory Lands

in Australia: Leasing Lessons from Canada’

(2009) 35 (3) Commonwealth Law Bulletin

545–570


L Toohey, J Crowe, ‘(Editors)’ [2009]

LAWASIA Journal (228pp)

T Walsh, H Douglas, ‘Legal Responses

to Child Protection, Poverty and

Homelessness.’ (2009) 31 (2) Journal of

Social Welfare and Family Law 133-146

T Walsh, H Douglas, ‘Homelessness and

Legal Needs: A South Australia and Western

Australia Case Study’ (2008) 29 (2) Adelaide

Law Review 359-380

T Walsh, ‘Policing Disadvantage: Giving

Voice to Those Affected by the Politics of

Law and Order’ (2008) 33 (3) Alternative Law

Journal 160-164

T Walsh, ‘Poverty, Police and the Offence

of Public Nuisance’ (2008) 20 (2) Bond Law

Review 198-215

K Weatherall, ‘It’s Not Just Competitors:

Acknowledging and Accommodating’ (2009)

12 (5) Journal of World Intellectual Property

500-523

M White, P Glover, A bond, ‘Australian

Maritime Law Update 2008’ (2009) 30

Journal of Maritime Law and Commerce

M White, C Forrest, ‘Australian Maritime

Law Update: 2007’ (2008) 39 (3) Journal of

Maritime Law and Commerce 333-360

M White, ‘Whaling in Australian Waters by

the Japanese Fleet: Legal Issues’ (2008)

14 (1) Journal of International Maritime Law

41-48

Book Reviews, Case Notes, Minor

Articles and Comments 2009, 2008

K Barker, ‘The Law of Rescission’ (2009)

125 (January) Law Quarterly Review 175-177

P Billings, ‘Review of “Complementary

Protection in International Refugee Law” - By

Jane McAdam.’ (2008) 28 (1) Legal Studies

143-148

J Crowe, ‘Review of Marinos Diamantides

(ed), Levinas, Law Politics’ (2008) 33

Australian Journal of Legal Philosophy 196-

198

J Devereux, ‘Death Investigation and the

Coroner’s Inquest’ (2008) 82 (2) Australian

Law Journal 139-140

H Douglas, ‘Crime, Aboriginality and the

Decolonisation of Justice by Harry Blagg’

[2008] (29) Adelaide Law Review 385-388

C Forrest, ‘Book Review: Modern Maritime

Law (2nd Ed) by Aleka Mandaraka-Sheppard’

[2008] (2) Lloyd’s Maritime and Commercial

Law Quarterly 248-250

R Grantham, ‘Private Law and Property

Claims’ (2008) 2 (2) Journal of Equity 172-176

D Jensen, ‘Plunder: When the Rule of Law is

Illegal by Ugo Mattei and Laura Nader’ [2008]

(1) LAWASIA Journal 127-128

D Jensen, ‘The Rise of the Unelected:

Democracy and the New Separation of

Powers by Frank Vibert’ (2008) 24 (2) Policy

55-56

P McDermott, ‘New Reference on the

History of the Magistracy’ (2008) 28 (10)

Proctor 1

Q Liu, ‘The Test of Fundamentality in

Anticipatory Breach Cases: Spirent v Quake’

(2008) 46 (2008) Canadian Business Law

Journal 7

K Barker, ‘Restitution Regional Digest

- Australia’ (2009) 17 Restitution Law Review

147-173

K Barker, ‘Restitution Regional Digest

- Australia 2008’ (2008) 16 (1) Restitution Law

Review 141-160

F Bartlett, PR Mortensen, ‘Integrity in

Legal Practise: A Report from the Third

International Legal Ethic Conference’ (2009)

12 (1) Legal Ethics 100-107

P Billings, ‘Profile: The UQ Pro Bono Centre’

(2009) 29 (11 December) Proctor 14

P Billings, ‘School Enrolment and

Attendance Measures: More Trials for

Aboriginal Families?’ (2009) 7 (14) Indigenous

Law Bulletin 3-6

PJ Byrne, A Davidson, ‘Why Judges Should

Keep Their Consciences Out of LC Fraud

Issues’ (2009) 13 (4) Documentary Credit

World 12

A Davidson, ‘The Character of the United

Nations Convention on Independent

Guarantees and Standby Letters of Credit’

(2009) 13 (7 July/August 2009) Documentary

Credit World 7

D Hamer, ‘(Dys)functional Double Jeopardy

Reform in Queensland’ (2008) 19 (1) Public

Law Review 12-20

D Hamer, ‘Ferguson: A Fair Trial and Other

Issues’ (2008) 28 (9) Proctor 33-34

G Orr, ‘Reviewability of Employment

Decisions Under Australia’s Hybrid

Workplace Law’ (2009) 16 (4) Australian

Journal of Administrative Law 196-199

G Orr, ‘The Fair Work Act and Other Names

of Shame’ (2009) 16 (2) Australian Journal of

Administrative Law 1-3

G Orr, ‘Williams, C’est Pour Toi: Football and

Contracts 101’ (2008) 33 (4) Alternative Law

Journal 244-245

M Stephenson, ‘Eddie Mabo’ (2009) 174

(18) Time - Golden Anniversary Issue: 50

Years in the South Pacific 46-48.

Published Conference Papers, Seminar

Paper and Keynotes 2009, 2008

J Allan, ‘Bills of Rights as Centralising

Instruments’, Proceedings of the Eighteenth

Conference of The Samuel Griffith Society,

University House, Canberra, ACT. 26-28 May

2006 (The Samuel Griffith Society, South

Australia 2009) 125-161

N Aroney, ‘The Idea of a Federal

Commonwealth’, Twentieth Conference of

The Samuel Griffith Society, Sydney 22-24

August 2008 (The Samuel Griffith Society,

Lane Cove, NSW 2008) 1-33

APPENDIX

N Aroney, ‘Upper Houses, Democracy

and Executive Accountability’, The Politics

of Democracy in South Australia, Adelaide

8-9 March 2007 (State Electoral Office (SA),

Adelaide 2008) 179-194

R Baird, ‘The Development of a

Comprehensive Global Record for Fishing

Vessels, Refrigerated Transport Vessels

and Supply Vessels: An Analysis of the

Practice of Regional Fisheries Bodies’,

expert consultation on the development of

a comprehensive global record of fishing

vessels, Rome 25-28 February 2008, Rome

25-28 February 2008 (Food and Agricultural

Organisation, Rome 2008) 1-19

P Billings, ‘Reforming Social Welfare in

Australia: More Trials for Aboriginal People?’,

Australian Institute for Administrative Law (Qld

Chapter), Commonwealth Ombudsman’s

Office, Brisbane (2009)

A Black, ‘Encountering the Other: How

and Why the Teaching of Islamic Law and

the Laws of Asian Countries is Permeating

Legal Education in Australia’, 22nd LAWASIA

Conference, Ho Chi Minh City, Vietnam, 10

November 2009

A Black, ‘Muftis and Fatawa, Qadis and

Qada’, Supreme Court of Queensland

Judge’s Conference 2008, (2008)

V Comino, ‘The Challenge of Corporate Law

Enforcement in Australia’, 2009 Corporate

Law Teachers’ Association Conference,

Sydney, 1-3 February 2009

J Corrin, ‘A Bill of Rights for Queensland’,

47th Annual QLS Vincents’ Symposium,

Brisbane Convention Centre, 28 March 2009

J Corrin, ‘Only Skin Deep? Law Reform and

the Reality of Human Rights in the South

Pacific’, Australasian Law Reform Agencies

Conference 2008, Port Vila, Vanuatu, 10-12

September 2008 (2009)

J Corrin, ‘Grasping the Significance of

Expert Evidence Rules and Its Impact on

Personal Injury Claims’, Queensland Personal

Injury Law, Brisbane, 13-14 November 2008

J Corrin, ‘Land, Law and the “Pacific Way”

Samoa and Solomon Islands’, 7th European

Society of Oceanists Conference, Verona,

10-12 July 2008

J Corrin, ‘Panel Session on Human Rights’,

Strategies for the Future: Protecting Human

Rights in the Pacific, Apia, Samoa, 27-29

April 2008

J Corrin, ‘Only Skin Deep? Law Reform and

the Reality of Human Rights in the South

Pacific’, Australasian Law Reform Conference

2008 (2008)

J Crowe, ‘Classical Liberalism and Law’,

Centre for Independent Studies Liberty and

Society Conference, Sydney (2009)

J Crowe, ‘The Priority of Contextual

Meaning: A Theory of Judicial Interpretation’,

Kirby Seminar Series, The University of New

England (2009)

TC Beirne School of Law Biennial Report 2008-2009 | Page


APPENDIX

J Crowe, ‘The Priority of Contextual

Meaning: A Theory of Judicial Interpretation’,

T C Beirne School of Law Work in

Progress Seminar Series, The University of

Queensland (2009)

J Crowe, ‘Is There an Obligation to Obey

the Law?’, The University of Queensland

(2008)

J Crowe, ‘Is There an Obligation to Obey

the Law?’, The University of Melbourne

(2008)

J Crowe, ‘Levinasian Ethics and the

Concept of Law’, Philosophy Department

Seminar Series, The University of

Queensland (2008)

A Davidson, ‘Abusive Drawings,

Unconscionability, Illegality and Fraud in

Guarantees’, 2009 Hong Kong Guarantee

and Standby Conference, Institute of

International Banking Law and Practice,

Regal Kowloon Hotel; Kowloon, Hong Kong

(2009)

A Davidson, ‘Abusive Drawings,

Unconscionability, Illegality and Fraud

in Guarantees (repeat)’, 2009 Singapore

Guarantee and Standby Conference;

Institute of International Banking Law and

Practice, Sheraton Towers Singapore Hotel,

Singapore (2009)

A Davidson, ‘Developments in Letter of

Credit Fraud’, 2009 Law Summit, Institute

of International Banking Law and Practice,

Bingham MCutchen LLP, 399 Park Avenue

New York, NY (2009)

A Davidson, ‘Electronic Mail and Online

Presence’, Mandatory CPD for Inhouse

Counsel, Legalwise Seminars Pty Ltd,

Brisbane (2009)

A Davidson, ‘Electronic Originals in Letters

of Credit’, 2009 New York Guarantee

and Standby Conference, Institute of

International Banking Law and Practice,

New York (2009)

A Davidson, ‘Electronic Transactions

Legislation Internationally’, World Bank

Training Program for Judges of the Court

of Appeal of Sri Lanka, TC Beirne School of

Law, The University of Queensland (2009)

A Davidson, ‘Email, Practice and

Evidentiary Requirements’, World Bank

Training Program for Judges of the Court

of Appeal of Sri Lanka, TC Beirne School of

Law, The University of Queensland (2009)

A Davidson, ‘Guarantees, Fraud and Ultra

Vires’, 2009 Singapore Annual Survey

of Letter of Credit Law and Practice

Conference; Institute of International

Banking Law and Practice, Singapore (2009)

A Davidson, ‘Independent Undertakings,

Letters of Credit and Guarantees’, World

Bank Training Program for Judges of

the Court of Appeal of Sri Lanka, TC

Beirne School of Law, The University of

Queensland (2009)

Page 8 | TC Beirne School of Law Biennial Report 2008-2009

A Davidson, ‘Jurisdiction in Cyberspace’,

World Bank Training Program for Judges

of the Court of Appeal of Sri Lanka, TC

Beirne School of Law, The University of

Queensland (2009)

A Davidson, ‘Legislative Restrictions

in Electronic Contracting’, Journal of

International Commercial Law Seminar

Series, Law School, George Mason

University, Virginia, USA (2009)

A Davidson, ‘Post Honour Recovery vs

Beneficiary for False Statement’, 2009 Hong

Kong Annual Survey of Letter of Credit

Law and Practice Conference; Institute of

International Banking Law and Practice,

Regal Kowloon Hotel; Kowloon, Hong Kong

(2009)

A Davidson, ‘Post Honour Recovery vs

Beneficiary for False Statement (repeat)’,

2009 Singapore Annual Survey of Letter

of Credit Law and Practice Conference;

Institute of International Banking Law and

Practice, Singapore (2009)

A Davidson, ‘The Contract to Issue

Guarantees and Standbys’, 2009 Hong

Kong Guarantee and Standby Conference,

Institute of International Banking Law and

Practice, Kowloon, Hong Kong (2009)

A Davidson, ‘The Contract to Issue

Guarantees and Standbys (repeat)’,

2009 Singapore Guarantee and Standby

Conference; Institute of International

Banking Law and Practice, Singapore (2009)

A Davidson, ‘The Impact of the Economy

on Commercial Letters of Credit’, 2009

Hong Kong Annual Survey of Letter of Credit

Law and Practice Conference, Institute of

International Banking Law and Practice,

Kowloon, Hong Kong (2009)

A Davidson, ‘The Impact of the Economy

on Commercial Letters of Credit (repeat)’,

2009 Singapore Annual Survey of Letter

of Credit Law and Practice Conference;

Institute of International Banking Law and

Practice, Singapore (2009)

A Davidson, ‘Unconscionability As an

Exception to the Independence Principle’,

2009 Law Summit, Institute of International

Banking Law and Practice, New York (2009)

H Douglas, ‘Benign Pessimism, the

National Emergency and the Criminal

Law’, Australian Law Teachers Association

Conference, Sydney, 5-6 July 2009

H Douglas, ‘Dealing with Domestic

Violence So That Children Are Protected’,

Justice Stream, Protecting Children Today

Conference, Brisbane, 26 March 2009

H Douglas, J Corrin, ‘A Tragedy of

Monumental Proportions: Indigenous

People and the Criminal Law Again’, 25th

Annual Law and Society Australia and New

Zealand Conference, University of Sydney,

10-12 December 2008

H Douglas, ‘Preventive Detention Versus

Indefinite Detention’, Thomson Reuters:

Continuing Professional Development,

Novotel, Brisbane, 1 August 2008

H Douglas, ‘Unusual Crimes Still on

The Statute Books’, The University of

Queensland, Brisbane, 1 August 2008

H Douglas, ‘Breaches of Domestic

Violence: The Criminal Justice Process’,

Distinguished Visitor Program, Queensland

Centre for Domestic and Family Violence

Research, Mackay (2009)

H Douglas, ‘Criminalised Mothers and the

Child Protection System’, Is Prison Obsolete

Conference, Brisbane (2009)

H Douglas, ‘Elements of a Criminal

and Civil Response and Why a Criminal

Response Matters in Domestic Violence

Cases’, Family Violence ...Is It a Crime?,

Melbourne (2009)

H Douglas, T Walsh, ‘From Family Centred

to Child-centred: Effects of Policy Change

in Child Protection on Mothers’, FIN 2009

National Gathering, Canberra (2009)

H Douglas, T Walsh, ‘Mother, Domestic

Violence and Child Protection’, Seminar,

Key Centre for Ethics, Law, Justice and

Governance Seminars, Griffith University,

Brisbane, May (2009)

H Douglas, ‘Abortion Law’, Abortion in

Queensland Forum, 17 October 2008,

Brisbane

H Douglas, ‘Breaches of Domestic

Violence Orders: Criminal Process

Problems’, Understanding and Preventing

Domestic Violence Symposium, 18 August

2008, Brisbane.

H Douglas, ‘Domestic Killings and the

Reframing of the Provocation Defence’,

International conference on homicide :

domestic related homicide, 3-5 December

2008, Gold Coast

H Douglas, T Walsh, ‘Hyper Vigilance

and Risk Avoidance in the Child Protection

Context: What is the Role of Lawyers in

the Child Protection Process’, Working

Group on Gender and the Law, Research

Committee on the Sociology of Law, Milan,

Italy, 9-12 July 2008

H Douglas, ‘Post Sentence Preventive

Detention: Dangerous and Risky’, Seminar

presented to judges of the Queensland

Supreme Court, July 2008, Brisbane

H Douglas, ‘Preventive Detention

in Criminal Matters and the Judicial

Assessment of Risk’, National Judicial

College of Australia: Sentencing

Conference, 8-10 February 2008, Canberra

H Douglas, ‘Preventive Post-sentence

Detention versus Indefinite Detention:

A Consideration of Principles’, Australia

and New Zealand Society of Criminology:

Linking Theory, Policy and Practice, 26-28

November 2008, Canberra


C Forrest, ‘Applying a Source State’s

Property Law in a Market State’s Court: a

Reconsideration of the Theory of Renvoi and

Its Application to Cultural Heritage’, World

Archaeological Congress, Dublin, Ireland

(2008)

C Forrest, ‘Collateral Damage?

Archaeology, War and Plunder in Iraq, 1914-

2007: The Doctrine of Military Necessity and

the Protection of Cultural Property During

Armed Conflicts’, World Archaeological

Congress, Dublin, Ireland (2008)

C Forrest, ‘The Hague Convention on

Choice of Court Agreements: The Maritime

Exceptions’, Colloquium on the Hague

Choice of Courts Convention, University of

Southern Queensland (2008)

D Hamer, ‘The Expectation of Mistaken

Acquittals and the Potential of Double

Jeopardy Reform’, Federal Criminal Justice

Forum, Canberra, September 2008

N James, C Cappa, ‘Creating Critical

Lawyers: Developing and Assessing Critical

Thinking in Law’, Effective Teaching and

Learning Conference, Brisbane, Australia,

October 2008

N James, C Cappa, ‘Creating Critical

Lawyers: Teaching and Assessing Critical

Legal Thinking by First Year Law Students’,

Australasian Law Teachers’ Association

Conference, Palm Cove, Australia, July 2008

(Australasian Law Teachers Association)

D Morrison, ‘Current Trust Issues’, Taxation

Institute of Australia North Queensland

Convention, Cairns, Australia (2009)

D Morrison, C Anderson, ‘External

Administrations in Times of Financial

Uncertainty’, Corporate Law Teachers

Association Conference, University of

Technology Sydney, Sydney (2009)

D Morrison, ‘GST and Insolvency

Practitioners - PM Developments’, Diocletian

Club, Brisbane, Australia (2009)

D Morrison, ‘Voidable Preferences - What

Does Section 588FA of the Corporations

Act Mean?’, Law Council of Australia and

Queensland Law Society Joint Conference:

Insolvency Conference 2009, Brisbane

G Orr, ‘Federal Public Funding’, Political

Finance Roundtable, NSW Parliament

House, 6 March 2007

G Orr, ‘Legal Regulation of Governmental

Advertising’, Public Affairs in the Public

Sector: Protecting Your Reputation

and Effectively Communicating to Your

Stakeholders (2008)

G Orr, ‘The Right to Vote in Australia:

Roach v Electoral Commissioner’, 2008

Constitutional Law Conference (2008)

K Sadiq, ‘Conceptualising Tax

Expenditures: A Commentary’, Australian

Business Tax Reform in Retrospect and

Prospect, Sydney, 23-25 February 2009

K Sadiq, ‘Tax Expenditures in Australia:

The Elevation from “Disguised” Expenditures

to Architectural Pillars of the 21st Century’,

Tax Expenditures and Public Policy in

Comparative Perspective, Toronto, 11-12

September 2009

K Sadiq, ‘An Analysis of Tax Expenditure

versus Direct Expenditure’, Australasian

Tax Teachers Association, University of

Tasmania, 23-25 January 2008

A Schloenhardt, ‘Bullets over Broadway:

New Ways to Fight Organized Crime

in Canada’, 11th National Metropolis

Conference: Frontiers of Canadian

Migration, Calgary (AB), 22 March 2009

A Schloenhardt, ‘Trafficking in Persons

in Australia’, 11th National Metropolis

Conference: Frontiers of Canadian

Migration, Calgary (AB), 21 March 2009

A Schloenhardt, ‘Guilt by association?

New ways to fight organised crime’, paper

presented at the conference Canada and

the Changing Strategic Environment,

Security and Defence Forum, Vancouver

(BC), 24 October 2008

A Schloenhardt, B Perrin, ‘Human

Trafficking in Canada and Australia: Latest

Developments + Future Challenges’,

presentation at the Liu Institute for Global

Issues, The University of British Columbia,

20 October 2008

A Schloenhardt, ‘Trafficking in Persons:

Myths and Realities’, presentation at The

University of Queensland, Research Week,

Brisbane, 22 September 2008

A Schloenhardt, ‘Happy Birthday Brothels!

Ten Years of Prostitution Regulation in

Queensland’, paper presented at The

University of Queensland, Research Week,

21 September 2009

A Schloenhardt, ‘Mafias and Motorbikes:

New Organised Crime Laws in Australia’,

paper presented at the Supreme Court

Judges Seminar, Brisbane, 10 August 2009

A Schloenhardt, ‘Palermo in the Pacific:

Organised Crime Offences in the Asia

Pacific Region’, presentation at the Foreign

Correspondents Club of Thailand, Bangkok,

31 August 2009 (with UNODC)

A Schloenhardt, ‘Trafficking in Persons in

Australia: Myths and Realities’, presentation

at the University of Washington School of

Law, Seattle (WA), 9 April 2009

A Schloenhardt, ‘Trafficking in Persons

in Australia’ and ‘Bullets over Broadway:

New Ways to Fight Organised Crime’,

presentations at the 11th National Metropolis

Conference: Frontiers of Canadian

Immigration, Calgary (AB), 20-21 March

2009

A Schloenhardt, ‘Trafficking in Persons in

Australia: Myths and Realities’, Queensland

Law Society, Cairns, 6 February 2009

APPENDIX

A Schloenhardt, ‘Trafficking in Persons in

Australia: Myths and Realities’, Queensland

Law Society, Townville, 4 February 2009

A Schloenhardt,, B Perrin, ‘The “Ocean

Lady”: A new challenge of illegal migration

on Canada’s west coast’, presentation

at The University of British Columbia, Liu

Institute for Global Issues, Vancouver, 28

October 2009

A Schloenhardt, ‘Global Perspectives

on Human Trafficking: Australia’, paper

presented at the conference Combating

Human Trafficking, Ministry of Public Safety

and Solicitor General, Vancouver, 29-30

October 2008

A Schloenhardt, ‘Trafficking in Persons

in Australia’ and ‘Illicit Trade in Timber

and Timber Products in the Asia Pacific

Region’, presentations at the United Nations

Office on Drugs and Crime, Vienna, 18-19

December 2008

A Schloenhardt, ‘Mafias and Motorbikes:

New Organised Crime Offences in Australia’,

paper presented at the Australian Federal

Police, Canberra, 14 March 2008

A Schloenhardt, ‘Mafias and Motorbikes:

New Organised Crime Offences in Australia’,

paper presented at the Attorney General’s

Department (Cth), Canberra, 14 March 2008

A Schloenhardt, ‘Organised Crime in

Australia: Trends and Developments’,

presentation to the Department of Foreign

Affairs and International Trade, Ottawa, 29

July 2008

A Schloenhardt, ‘Migrant Smuggling

in Australia and the Asia Pacific Region’,

presentation at the Centre for Defence

and Strategic Studies, Australian Defence

College, Canberra, 29 May 2008

A Schloenhardt, ‘Migrant Smuggling

in Australia and the Asia Pacific Region’,

presentation at the Centre for Defence

and Strategic Studies, Australian Defence

College, Canberra, 2 June 2009

M Stephenson, ‘Indigenous Issues and

Contemporary Australian Developments’,

Seminar to members of the Centre for Sami

Research, Umea University, Umea, Sweden,

January 2008

M Stephenson, ‘Issues with the Right to

Negotiate Under the Australian Native Title

Act’, Seminar to Graduate Students and

Law Faculty, University of Ottawa, Ottawa,

Canada, January 2008

M Stephenson, ‘TC Beirne School of

Law, Teaching and Learning Workshop’,

University of Queensland, Brisbane (2009)

M Stephenson, B Morse, ‘Crossing

National Boundaries Through Video

Conferencing: A Comparative Indigenous

Rights Course Experience’, Canadian Law

Teachers Association Conference, Canadian

Congress, Carlton University, Ottawa,

Canada (2009)

TC Beirne School of Law Biennial Report 2008-2009 | Page 9


APPENDIX

M Stephenson, ‘Here Today, Gone

Tomorrow? Aboriginal Property Rights in

Australia and Canada’, Canadian Law and

Society Association Conference, Canadian

Congress, Carlton University, Ottawa,

Canada (2009)

M Stephenson, ‘Reconciliation with

Aboriginal Peoples in Canada and

Australia – Some Thoughts’, Reconciliation

Roundtable, Aboriginal Law and Strategic

Policy Unit, Department of Justice,

Government of Canada, Ottawa, Canada

(2009)

M Stephenson, ‘What is an Indigenous

Claimant “Society” in the Context of Proving

Native Title in Australia’, The Politics of

Community and Identity: Learning from One

Another Conference, University of Ottawa,

Canada (2009)

L Toohey, ‘Accession as Dialogue:

Epistemic Communities and the Vietnamese

Accession’, Society of International

Economic Law (SIEL) Inaugural Conference,

Geneva (2008)

L Toohey, ‘Trade Disputes and Southeast

Asian Economic Integration’, Colloquium

on East Asian Economic Integration, Hanoi

(2009)

Reference Entries 2009, 2008

A Cassimatis, K Greenwood, ‘Arms, Traffic

In’ in Rüdiger Wolfrum (ed), Max Planck

Encyclopedia of Public International Law

(Oxford University Press, Oxford 2009) 1-10

A Cassimatis, ‘Atlantic Charter 1941’ in

Trisha Mann (ed), Australian Law Dictionary

(Oxford University Press, Melbourne 2009)

44

A Cassimatis, ‘Attribution’ in Trisha Mann

(ed), Australian Law Dictionary (Oxford

University Press, Melbourne 2009) 46

A Cassimatis, ‘Conquest’ in Trisha Mann

(ed), Australian Law Dictionary (Oxford

University Press, Melbourne 2009) 126-127

A Cassimatis, ‘Government in Exile’ in

Trisha Mann (ed), Australian Law Dictionary

(Open University Press, Melbourne 2009)

275

A Cassimatis, ‘Inter-temporal Law’ in

Trisha Mann (ed), Australian Law Dictionary

(Oxford University Press, Melbourne 2009)

314

A Cassimatis, ‘Rapporteur’ in Trisha Mann

(ed), Australian Law Dictionary (Oxford

University Press, Melbourne 2009) 482

S Hubicki, B Sherman, L Bently, ‘Patent

Issues in Biotechnology’ in Bynum, W F

(eds), Encyclopedia of Life Sciences (John

Wiley & Sons, Chichester 2009)

A Johnston, ‘Takeovers’ in P Cane,

J Conaghan (eds), The New Oxford

Companion to Law (Oxford University Press,

Oxford 2008) 1152-1153

Page 0 | TC Beirne School of Law Biennial Report 2008-2009

R Morgan, T Hill, ‘Arbitration’ in Henry

Litton (ed), Halsbury’s Laws of Hong Kong

(Volume 1) (LexisNexis, Hong Kong 2008)

215-448

Parliamentary and Research Reports

2009, 2008

H Douglas, T Walsh, K Blore, Mothers

and the Child Protection System: A Report

(Brisbane, 2009)

D Morrison, Australian Government

Senate, Senate Standing Committee on

Economics, Inquiry into Aspects of Bank

Mergers, Australian Government (Australia,

2009)

D Morrison, Australian Government

Senate, Senate Economics Committee,

Report on Bank Mergers, Australian

Government (Australia, 2009)

D Morrison, Australian Government

Senate, Parliamentary Joint Committee on

Corporations and Financial Services, Inquiry

into Financial Products and Services in

Australia, Australian Government (Australia,

2009)

D Morrison, Independent Advisory

Committee to Australian Federal

Government, CAMAC, Aspects of Market

Integrity, Australian Government (Australia,

2009)

D Morrison, House of Representatives,

Parliamentary Joint Committee on

Corporations and Financial Services,

Corporate Insolvency Laws - a

Stocktake, ‘Insolvency Reform Package,

Recommendation 43’ (Canberra, 2008)

G Orr, ACT Legislative Assembly, Select

Committee on Campaign Advertising,

Submission on Government Agencies

(Campaign Advertising) Bill (2009)

G Orr, House of Representatives, Legal

and Constitutional Affairs Committee,

Submission and Oral Evidence to Inquiry

into the Machinery of Referendums (2009)

G Orr, Commonwealth Parliament, Joint

Standing Committee on Electoral Matters,

Inquiry into Tax Deductibility of Political

Matters, ‘Oral evidence to inquiry, 29 April

2008’ (2008)

G Orr, Commonwealth Parliament, Joint

Standing Committee on Electoral Matters,

Submission to 2007 Federal Election Inquiry

- Courts of Disputed Returns (2008)

G Orr, Federal Parliament, Joint Standing

Committee on Electoral Matters, Inquiry into

the Commonwealth Electoral Amendment

(Political Donations and Other Measures)

Bill 2008, Submission Authored on Behalf of

Democratic Audit of Australia (2008)

P O’Shea, Credit Ombudsman Submission

to Independent Review of the Code of

Banking Practice (Sydney, Australian

Banker’s Association 2008)

A Schloenhardt, L Cameron, Parliament

of Victoria, Drugs and Crime Prevention

Committee, Inquiry into Trafficking for Sex

Work (Melbourne, 2009)

A Schloenhardt, Senate, Senate Legal and

Constitutional Committee, Inquiry into the

Crimes Legislation Amendment (Serious and

Organised Crime) Bill (No 2) 2009 (Canberra,

2009)

A Schloenhardt, Parliament of Australia,

Joint Committee on the Australian Crime

Commission, Inquiry into Serious and

Organised Crime Legislation (Canberra,

2008)

K Weatherall, E Webster, L Bently, IP

Enforcement in the UK and Beyond: A

Literature Review, Strategic Advisory Board

for Intellectual Property Policy, United

Kingdom (United Kingdom, 2009)

Theses 2009, 2008

V Cogliati-Bantz, ‘Means of Transportation

Registered by International Organizations’

(Ph.D., Graduate Institute of International

Studies, Geneva, Switzerland 2009)

L Toohey, ‘Rule of Law Discourse and the

Accession of Transitional Economies to the

World Trade Organisation’ (PhD, University

of Queensland 2008)

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