2009 Annual Report - Faculty of Law - Monash University

Monash Law School 

Annual Report 2009 

www.law.monash.edu

Contents 

1. Introduction to Monash Law School ...............................2 

2. Campuses .......................................................................... 3 

2.1 Clayton .............................................................................. 3 

2.2 Monash University Law Chambers ...................................3 

2.3 Monash Education Centre, Prato, Italy .............................3 

3. Research ........................................................................... 4 

3.1 Reflections on Research During 2009 ...............................4 

3.2 Books and Book Launches ...............................................5 

3.3 Research Success Stories ................................................5 

3.4 Faculty Research Seminars ...............................................6 

3.5 Research Centre Activities ...............................................7 

3.6 Higher Degrees by Research ............................................ 7 

3.7 Research Grants: ARC ......................................................7 

3.8 Other Externally Funded Research (Excluding Contracts) 8 

4. Teaching ............................................................................. 9 

4.1 Reflections on Teaching During 2009 ................................9 

4.2 Teaching Awards ...............................................................9 

4.3 Teaching Professional Development .................................9 

4.4 VC’s Showcase of Teaching Excellence ............................9 

4.5 National Teaching Presentations ....................................... 9 

4.6 Faculty Teaching Workshop .............................................9 

4.7 Faculty Education Committee ..........................................9 

4.8 Quality ............................................................................... 9 

5. Centre Reports ................................................................ 11 

5.1 Castan Centre for Human Rights Law .............................11 

5.1.1 2009 Highlights .............................................................11 

5.1.2 Structure ....................................................................... 11 

5.1.3 Public Events .................................................................12 

5.1.4 Conference Papers and Public Speeches ......................13 

5.1.5 Courses Offered ............................................................ 14 

5.1.6 Submissions ..................................................................14 

5.1.7 Publications ...................................................................15 

5.1.8 Media ............................................................................ 16 

5.1.9 Research Projects ......................................................... 16 

5.1.10 Visiting Fellows ............................................................ 16 

5.1.11 Student Programs ....................................................... 17 

5.2 Centre for Regulatory Studies .........................................18 

5.2.1 Structure ....................................................................... 18 

5.2.2 Public Events .................................................................18 

5.2.3 Staff Members’ Activities ...............................................18 

5.2.4 Monash Courses and Units Offered ...............................20 

5.2.5 Publications ...................................................................20 

5.2.6 Grants and Fundraising .................................................21 

5.3 International Institute of Forensic Studies .......................22 

5.3.1 Courses Offered ............................................................22 

6. Curriculum ....................................................................... 23 

6.1 Undergraduate Courses .................................................. 23 

6.2 Clinical Legal Education .................................................. 23 

6.4 Postgraduate Courses..................................................... 24 

7. Equity and Diversity.........................................................25 

7.1 Membership 2009 ...........................................................25 

7.2 Faculty Priorities ..............................................................25 

7.3 Activities 2009 .................................................................26 

8. International ....................................................................27 

8.1 Recruitment of International Students ............................27 

8.2 Engagement with Partner Institutions .............................27 

8.3 Overseas Programs .........................................................27 

8.4 Internships .......................................................................28 

9. Law School Activities .....................................................29 

9.1 Events ..............................................................................29 

9.2 Public Lectures ................................................................30 

9.3 Book Launches ...............................................................31 

9.4 Media involvement ..........................................................31 

10. Advancement and Alumni Relations ............................32 

10.1 Advancement ................................................................32 

10.2 Monash Law School Foundation Board ........................33 

10.3 Alumni relations ............................................................33 

11. Student Activities ..........................................................34 

11.1 Monash Law Students’ Society.....................................34 

11.2 International Law Association .......................................35 

11.2.1 2009 Highlights ...........................................................35 

11.2.2 Other Events ...............................................................35 

11.3 Monash University Law Review ....................................35 

11.4 The Student Experience ................................................37 

12. Law Library ....................................................................38 

12.1 Monash Law Library ......................................................38 

12.2 2009 Highlights .............................................................38 

12.3 Facilities and Services Highlights ..................................38 

12.4 Collection Highlights .....................................................39 

12.5 Law Library Senior Staff ...............................................39 

12.6 Journal Affiliations and External Committees ..............39 

13. Staff ................................................................................40 

13.1 Staff List ........................................................................40 

13.2 Academic Governance Positions ..................................42 

13.3 Promotions ....................................................................42 

13.4 Appointments ................................................................42 

13.5 Resignations ..................................................................42 

13.6 Outside Studies Program ..............................................42 

13.7 Visitors ...........................................................................42 

14. Staff Activities ................................................................43 

14.1 External Boards and Committees .................................43 

14.2 Journal Affiliations .........................................................44 

15. Publications ...................................................................46 

15.1 Staff Publications ..........................................................46 

Appendix I: ...........................................................................53 

Administrative Structure Portfolios, Charts and .......................53 

Senior Administrative Staff 

Appendix II: ..........................................................................54 

2009 Prize Winners ................................................................54 

Annual Report 1

1. Introduction to Monash Law School 

2 Faculty of Law 

The Monash Law School is large, 

diverse, vibrant and energetic. As this 

Report shows, over its many programs, 

campuses and centres, the Law School 

provides a home for over 3,000 students 

and more than 200 full, part-time, 

sessional and adjunct academic staff 

and over 50 professional staff engaged 

in a multiplicity of activities. Its staff and 

students are involved not only in the core 

tasks of teaching, learning and research 

but in providing legal services to the 

community, influencing public policy 

through submissions to governments 

and legislatures, providing pro bono 

services and sitting on many boards and 

committees, inside and beyond Monash 

University itself. 

The faculty of Law is one of 10 faculties 

of Monash University, a university that 

has retained a strong commitment to 

maintaining and developing the traditional 

science and social science disciplines 

and the humanities. At the same time it 

encourages and supports a wide range 

of inter-disciplinary research. 

The arrival of the new Vice-Chancellor, 

Professor Ed Byrne, in mid-2009 marks 

the next stage in the evolution of the 

University and, with it, the faculty of Law. 

The teaching program focuses upon three 

major programs, the undergraduate LLB, 

taught at the Clayton campus and the 

graduate JD and the coursework Masters 

program, taught at the Monash University 

Law Chambers. All the programs continue 

to thrive. The LLB now attracts record 

numbers of high achieving students 

anxious to study law in combination with 

an Arts, Business, Commerce, Science, 

Engineering or other degree. The JD is 

growing steadily as more students are 

drawn to it because of its location in the 

city, its highly flexible course structure and 

the wide range of electives drawn from 

the graduate course work program. 

The research program expands with more 

research engaged in by more staff over 

a very large range of topics. The faculty 

is enriched by a stream of visitors from 

interstate and overseas who provide 

valuable intellectual input through staff 

and public seminars and in the graduate 

teaching program and through personal 

interaction with staff and students. 

The new Vice-Chancellor’s Academic 

Strengthening agenda fits well with the 

faculty’s own commitment to engaging 

and retaining high performing staff and 

increasing the quality and quantity of 

its research as well as the impact of 

that work on the academic and wider 

communities. The faculty increasingly 

co-operates with other faculties and 

programs in areas such as regulation, 

criminal justice, human rights, history, 

immigration policy and others. 

By far the largest number of members of 

the Law School is its students and we are 

extraordinarily proud of their activities and 

achievements. The Ambassador program, 

the Peer-to-Peer Mentoring program and 

the High Achievers Program and the Law 

Review are just some of the programs run 

in conjunction with the faculty to ensure 

that the they have a rich and engaged life 

while at the Law School. The two student 

societies, the Law Students Society and 

the International Law Association are 

highly active, well-organised and wellmanaged 

and enjoy excellent relations 

with the faculty. Their role in faculty 

governance is central in ensuring that 

decisions are well-informed and that 

the faculty’s decision-making process is 

inclusive, thorough and well-understood 

by all participants. 

An Annual Report is a record of 

an organisation’s activities and 

achievements. Its contribution to an 

understanding of that organisation is 

both immediate and incremental. In the 

short term it provides a picture of what 

has just occurred. In the longer term 

it is one of a series of statements that 

can be examined to discover what has 

changed and what has stayed the same, 

and possibly why and how. For a big Law 

School in a very large University change 

is evolutionary. This Annual Report, read 

alone or in the context of the five previous 

Annual Reports, shows that the institution 

is both evolving and improving. 

Arie Freiberg 

Dean

2. Campuses 

2.1 Clayton 

Monash University Clayton campus 

is the largest of the university’s eight 

campuses. The diversity of programs 

offered is reflected in the fact that eight 

out of the university’s ten faculties are 

represented on campus – Arts, Business 

and Economics, Education, Engineering, 

Information Technology, Law, Medicine, 

Nursing and Health Sciences and 

Science. The campus offers a rich array of 

sporting, cultural and educational events 

and facilities, and has a proud record of 

achievement in fostering collaborative 

research projects. 

The Law School is located on the Clayton 

campus and houses the university’s Law 

Library, three computer laboratories and 

five lecture theatres. The majority of our 

undergraduate teaching occurs at this 

location. 

The Law School’s clinical training program 

operates from the Monash-Oakleigh Legal 

Service and the Springvale Monash Legal 

Service. 

2.2 Monash University 

Law Chambers 

Behind the period façade of the Equity 

Trustees Building the refurbished 

Monash University Law Chambers offers 

postgraduate law students a central 

teaching and learning facility in the heart 

of Melbourne’s legal precinct. 

This state-of-the art building provides 

our postgraduate students with an 

accessible, comprehensive education 

facility that also promotes interaction with 

members of the profession. 

The majority of the faculty’s postgraduate 

programs are taught at the city-based 

Monash University Law Chambers, 

attracting law graduates from a variety 

of backgrounds and professional areas 

including legal practice, government, 

business and academia. This cultural 

diversity, together with our flexible, 

responsive programs creates a dynamic 

environment for the exchange of 

knowledge and ideas. 

2.3 Monash Education 

Centre, Prato, Italy 

In keeping with Monash Law’s aim to be 

a truly international law school, the Law 

School encourages students to undertake 

one semester of their law degree at the 

Monash Education Centre in Prato, Italy. 

Students can undertake up to four law 

units through the Prato Study Program, 

taught by academics from Monash 

University, judges and practitioners as well 

as academics from partner institutions in 

Canada, Israel and Italy. Units are taught 

in semi-intensive mode over 3-4 weeks. 

The program runs in the European Spring 

each year. Classes are taken in the 

elegant 18th Century palace, Palazzo Vaj 

in the medieval historic centre of Prato, 

Italy. There are 3 computer laboratories at 

the Monash University Prato Centre and 

the building also has a wireless internet 

network available 


3. Research 

3.1 Reflections on 

Research During 2009 

Overview 

This year, the Faculty has continued 

and improved its diverse research 

performance on a range of levels. The 

results of the Australian Government’s trial 

Excellence in Research for Australia (ERA) 

exercise in 2009 confirm the Faculty’s 

research position amongst the leading 

law schools in Australia. Accordingly, 

the Faculty’s world-class national, 

international, and comparative research 

expertise is based upon a platform of 

leading research centres, groups, and 

clusters in select fields of legal, regulatory, 

and cross-disciplinary research. 

Professor Bryan Horrigan, commenced 

officially as Associate Dean (Research) 

and the Louis Waller Chair of Law on 1st 

March 2009. 

Research Excellence and 

Collaboration 

In terms of research critical mass, the 

Faculty has a number of research centres, 

groups, and individuals who lead their 

respective fields. Major specialised 

research strengths here include human 

rights in Australia and worldwide 

(Castan Centre for Human Rights Law), 

regulatory studies (Monash Centre for 

Regulatory Studies) and non-adversarial 

justice, mental health and the law (ARC 

Federation Fellow Prof Bernadette 

McSherry’s Rethinking Mental Health 

Laws Project), intellectual property 

and copyright law (Information and 

Innovation Cluster), and other discrete 

areas of commercial law (eg international 

trade, taxation, corporate governance 

and responsibility, and consumers). 

Professor Ann Monotti’s co-authored 

work on universities and intellectual 

property informed a significant part of 

the argument by counsel and judicial 

reasoning at trial and appellate levels in 

landmark litigation this year (eg University 

of Western Australia v Gray [2009] FCAFC 

116). 

In addition, the Faculty continued this 

year to engage in world-class crossdisciplinary 

research. This is evidenced 

by its contribution to law and policy 

surrounding criminal law and criminology 

through the cross-faculty Criminal Justice 

Research Consortium, the involvement of 


a number of Monash University faculties 

in the research agenda of the Centre for 

Regulatory Studies, and the contribution 

of many of the Faculty’s researchers to 

collaborative projects across disciplinary 

boundaries with other Monash University 

faculties and University-level research 

institutes. 

In the last three years, as evidence of the 

Faculty’s enhancement of its research 

outreach and collaboration, our total 

competitive research grant and contract 

performance has gone from approximately 

$1,000,000 in 2007 to $1,500,000 in 2008 

(almost 45% improvement on 2007), and 

finally to $2,000,000 in 2009 (almost 100% 

improvement on 2007). This upwards 

trajectory in research income demonstrates 

significant continuous improvement in 

the Faculty’s capacity to attract research 

funding from funding agencies and 

highly regarded institutional partners in 

government, the legal profession, and the 

wider community in Victoria, Australia, 

and overseas. It also compares more than 

favourably with other Monash University 

faculties in terms of sustained continuous 

improvement in research performance 

from one year to the next. 

ERA Trial for Law 

On 23rd February the Minister for 

Innovation, Industry, Science and 

Research, Senator Kim Carr, announced 

the timeframe for the ERA trial, which 

would evaluate the Physical, Chemical 

and Earth Sciences (PCE) and Humanities 

and Creative Arts (HCA) clusters. Law 

was included in the HCA cluster, as one 

of the disciplines for road-testing the ERA 

in advance of the Australian Government’s 

full ERA exercise in 2010. 

In the months preceding the ERA trial 

submission deadline, many meetings 

were held between the Faculty of 

Law and the Faculty of Business and 

Economics (Department of Business 

Law and Taxation) as well as with other 

faculties contributing publications to 

the law field-of-research codes, to 

select the top 20% of publications for 

peer review. The criteria for selection 

included the use of Mock RQF results 

(where available), authored books (with 

prestigious publishers such as OUP and 

CUP), refereed journal articles in A* and 

A* ranked journals on the HCA journal list, 

and book chapters in edited books with 

prestigious publishers. 

Annual Research Symposium 

The 2009 Faculty Research Symposium 

was held on Friday 14th August at the 

Banquet Rooms, Clayton Campus 

Centre. The theme was “Next Generation 

Research and Researchers”. It was 

attended by over 50 staff members and 

HDR students. Professor Andrew Wells, 

Executive Director of ERA’s Humanities 

and Creative Arts Cluster, and Ms Cari 

Jackson-Lewis, Grants Manager, Victoria 

Law Foundation, were invited to talk 

about “Next generation research projects: 

what do funding bodies really want from 

researchers?”. Professor Edwina Cornish 

attended to talk about the Law’s place in 

the University’s overall research effort and 

to present research awards to Faculty 

staff. 

Higher Degree by Research 

(HDR) Matters 

A Law Research Writing Development 

Group (LRWDG) was established in 2009 

to assist candidates enrolled in Higher 

Degrees by Research with improving 

English legal writing skills. The purpose of 

the LRWDG is to enable HDR candidates 

to equip themselves to write a legal thesis 

in English by: learning how to continue 

developing English writing skills; learning 

about writing conventions in the discipline 

of law; learning to edit their own work; 

and reading and giving feedback on the 

work of others. The Group was convened 

by Dr Janice Pinder, Learning Skills 

Advisor, Sir Louis Matheson Library, 

and met for two hours each fortnight. 

The Faculty was awarded six new 

postgraduate research scholarships in 

2009 (4 Australian Postgraduate Awards 

and 2 Monash Graduate Scholarships). 

The Faculty offered 2 new Postgraduate 

Law Dean’s Awards. All new Higher 

Degree by Research candidates were 

welcomed to the Faculty at an orientation 

event held 29 July 2009. 

Dr David Lindsay worked tirelessly 

throughout 2009 with Ms Jintana 

Kurosawa, Ms Di Wiltshire, Professor 

Bryan Horrigan, and the Faculty’s 

marketing officers to enhance the 

Faculty’s HDR policy and recruitment 

strategies. Prof Jeff Goldsworthy 

assumed the HDR Convenor role at the 

end of 2009.

3.2 Books and 

Book Launches 

2009 saw the launch of many new books 

which were authored, co-authored or 

edited by Monash Law staff and students. 

On the evening of Tuesday 24th February, 

the Faculty held a very successful ‘In 

Review’ function at the Monash University 

Law Chambers, celebrating 53 books 

published by 32 Monash Law staff and 

one PhD candidate during 2007/2008. 

The guest speaker was The Honourable 

Chief Justice Marilyn Warren, AC. The 

event, which was the brain-child of 

Professor Marilyn Pittard was a great 

success and the Faculty hopes to repeat 

it in the future. 

Former High Court Justice, the Hon. 

Michael Kirby AC CMG, launched two 

new books by Castan Centre Deputy 

Directors Dr Paula Gerber and Professor 

Susan Kneebone on 5 June 2009 at the 

Melbourne Immigration Museum. This 

joint launch celebrated books looking at 

two prominent issues in human rights 

law: the state of human rights education 

in secondary schools, and the on-going 

struggle of asylum seekers, and state 

policy and legislative responses to them. 

From Convention to Classroom: The Long 

Road to Human Rights Education by Dr 

Paula Gerber is the first attempt to gather 

empirical data on the extent of human 

rights education in Australian secondary 

schools. Refugees, Asylum Seekers and 

the Rule of Law, edited by Professor 

Susan Kneebone, provides an account 

of how five industrialised common law 

jurisdictions – the United Kingdom, 

Australia, Canada, the USA and New 

Zealand – have dealt with the rights of 

asylum seekers and refugees 

On 17 June 2009, Dr Eric Wilson 

launched his new book Government of 

the Shadows: Para Politics and Criminal 

Sovereignty at Readings Carlton. The 

book analyses the concept of clandestine 

government. It explores how covert 

political activity and transnational 

organised crime are linked – and how 

they ultimately work to the advantage of 

state and corporate power. 

‘Non-Adversarial Justice’, a book 

authored by Dr Michael King, Professor 

Arie Freiberg AM, Dr Becky Batagol, Mr 

Ross Hyams, was launched on 24 August 

2009 at the Monash Law Chambers by 

the Hon Peggy Fulton Hora. 

The Hon Sir Anthony Mason launched the 

new book Constitutional Advancement 

in a Frozen Continent: Essays in Honour 

of George Winterton edited by Professor 

H P Lee and Dr Peter Gerangelos. The 

event took place on 25 November 2009 

at the Monash University Law Chambers. 

3.3 Research Success 

Stories 

Dr Gideon Boas was selected as the 

recipient of 2009 Dean’s Award for 

Excellence in Research by an Early Career 

Researcher. Dr Boas received this award 

for his publications (including two books) 

and peer recognition and professional 

engagement on the world’s stage in major 

research-related work for International 

Criminal trials and other humanitarian 

activities. He was also nominated for the 

2009 Monash Vice- Chancellor’s Early 

Career Researcher Award. 

Dr Patrick Emerton joined the University’s 

Early Career Researcher (ECR) Network 

Steering Committee as the Law Faculty 

representative. 

The annual university celebration 

Research Matters was held 17-28 August 

2009. To coincide with this event the 

Faculty a public lecture entitled The 

American Drug Court Movement: a 

personal Journey was delivered by retired 

US judge the Hon Peggy Fulton Hora on 

24 August at the Monash Law Chambers. 

In 2009, Dr David Lindsay was awarded 

the 2008 Mollie Holman Award for the 

best doctoral thesis in the Faculty of Law 

entitled: International Domain Name Law: 

ICANN and the UDRP. 

The 2008 Vice-Chancellor’s 

commendation for doctoral thesis 

excellence was awarded in 2009 to 

Dr Becky Batagol for her thesis entitled: 

Bargaining in the Shadow of the Law? 

The Case of Family Mediation. 


3. Research 

3.4 Faculty Research Seminars 

Date Presenter Topic 

3 March Professor Harry Glasbeek, Emeritus Professor, 

Osgoode Hall Law School 

Corporate Conduct: Responsible Authors Wanted 

17 March Professor Jeff Giddings, Griffith University Why Can’t I Just Get On With Running My Business? 

Understanding and Addressing Conflict in Business Franchise Systems 

26 March Professors Justin Malbon and Bryan Horrigan Research NIPS (New Idea Progress Seminar) – 

Faculty submission to national human rights consultation process 

31 March Dr Alan Rothschild Physician-assisted-dying, is it really a slippery slope? 

7 April Dr Steven Tudor, La Trobe University Should an Absence of Remorse be an Aggravating Factor in Sentencing? 

15 April Mr Ross Hyams Work Integrated Learning: Opportunities for Law 

21 April Professor Steven Channenson (Fulbright Scholar), 

Villanova University School of Law, Pennsylvania, USA 

28 April Professor Marilyn Pittard, Dr Moira Paterson, 

Dr Gideon Boas, Dr Patrick Emerton 


Revolution or Evolution?: Recent Developments in American Federal Criminal 

Sentencing 

Research BITES (Brief Insights To Expand Scholarship): 

– Three into one does go! (Marilyn Pittard and Moira Paterson) 

– Australia’s Post World War II War Crimes Trials (Gideon Boas) 

– “Terrorist organisation” offences and the rule of law in Australia (Patrick Emerton) 

5 May Dr Niels Ejersbo, University of Southern Denmark Regulating for private involvement in public service delivery – a policy approach 

12 May Professor Dana Muir, University of Michigan The Effect of the Financial Crisis on U.S. Pensions – 

A Perspective on Financial Services Regulatory Reform 

19 May Dr David Cousins, Professorial Fellow, 

Centre for Regulatory Studies 

Regulatory reform through institutional change 

27 May Mr Lloyd England and Assoc Prof Moira Paterson presenting 

work by Professor Sally Kift, ALTC Senior Fellow 

A transition pedagogy for first year curriculum design and renewal 

14 July Professor Ruth Kannai, Bar Ilan University, Israel The Proposed Israeli Bill on Sentencing 

21 July Chaired by Professor Justin Malbon Research NIPS (New Idea Progress Seminar) 

28 July Professor Robert Vaughn, American University, Washington 

College of Law 

Whistleblower Protection as Part of Human Rights, Open Government, 

Transparency and Employment Law 

11 August Professor Allan Borowski, La Trobe University The Evaluation of the Children’s Koori Court of Victoria 

18 August Ms Alice Nah (Endeavour Australia Cheung Kong Research 

Fellow), PhD candidate, Sociology Department, 

National University of Singapore 

Legitimizing Violence: Public ‘Crackdowns’ and their Impact on Migrants, 

Refugees and Stateless Persons within and beyond the Borders of Malaysia 

25 August Hon. Peggy Fulton Hora Why do Problem-Solving Courts Work? 

1 September Dr Colin Campbell The Teaching / Research Nexus 

15 September Professor Jianqiang Nie, Wuhan University School of Law, 

China 

22 September Associate Professor Greg Taylor, Associate Professor Pam 

O’Connor, Dr Stephen Gray 

20 October Professor Stephen King, Dean, 

Faculty of Business and Economics, Monash University 

The enforcement of intellectual property rights in China – 

a conceptual perspective 

Research BITES (Brief Insights To Expand Scholarship): 

– Jury Trial in Austria (Greg Taylor) 

– Is Victoria a laggard in property law reform? (Pam O’connor) 

– Aboriginal people and assimilation: can ‘genocide’ and ‘good intentions’ 

co-exist? (Stephen Gray) 

Corporate Regulation 

22 October Professor Ann Monotti Academic employees and their University employers: who owns the inventions 

they create? 

26 October Professor Stephen Barkoczy Everything you wanted to know about superannuation but were too scared to ask

3.5 Research Centre 

Activities 

The Castan Centre for Human Rights Law 

conducted a number of research events 

and activities throughout the year. These 

are outlined in section 5.1 “Castan Centre 

for Human Rights Law”. 

Centre for Regulatory Studies 

• On 17 February 2009, the Hon. Chris 

Bowen MP, Assistant Treasurer and 

Minister for Competition Policy and 

Consumer Affairs launched a major 

new initiative on the future directions 

of consumer policy in Australia at the 

National Consumer Law and Unfair 

Contract Terms forum held at the 

Monash Law Chambers. 

• The Planning and Climate Change 

Conference, held on 20 October 2009, 

considered the question “how can the 

planning process be used to reduce 

greenhouse gas emissions?” 

3.6 Higher Degrees 

by Research 

The following theses were accepted for 

higher degrees by research during 2009: 

Bishop, E. (2009). Women in the Victorian 

legal profession: 1996-2006. A time of 

change or time stood still? SJD 

Eburn. (2009). Australia’s international 

disaster response – laws, rules and 

principles. PhD. 

Gaze, E. (2009). Equity for women through 

legal change: progress or problem? PhD 

K.Satkunasingam, E. (2009). The Role of 

Legal Transplant Theories in the Operation 

of the Contracts Act 1950 (revised 1974) 

and the Consumer Protection Act 1999. 

PhD. 

Sage, S. (2009). Administrative justice at the 

Australian Refugee Review Tribunal. SJD. 

Sexton, S. (2009). Digging for fire: legal 

pluralism in the native title era 1992-2005. 

PhD. 

Wilson, D. (2009). The legality of 

human cloning: an analysis of the legal 

arguments for and against a ban on 

reproductive cloning from a eugenics/ 

human rights viewpoint. PhD. 

3.7 Research Grants: 

ARC 

ARC Federation Fellowship 

(in progress) 

• Bernadette McSherry: Rethinking 

Mental Health Laws: An Integrated 

Approach (2007-2012) 

ARC Discovery grants 

(new and in progress) 

• Jeffrey Goldsworthy, Dale Smith and 

Patrick Emerton (with Stephen Barker 

(University of Nottingham) and Richard 

Ekins (University of Auckland): A 

Principled Theory of Legal Interpretation 

Gideon Boas (with William Schabas 

(National University of Ireland) and 

Michael Scharf (Case Western Reserve 

University)): International Criminal 

Justice: Law, Policy and its Relevance 

to Australia’s security 

• Pam O’Connor (with QUT): An 

Integrated Legal Regime for a 

Sustainable Carbon Cycle 

• Susan Kneebone: Law, Governance 

and Regulation of Intra-regional 

Labour Migration in South East 

Asia: An Agenda for Protection and 

Development (2009-2011). 

• Bernadette McSherry (with Patrick 

Keyzer (Bond University), Sam Blay 

(UTS), John Petrilia, Rajan Darjee): 

Preventive Detention of High Risk 

Offenders: The Search for Effective and 

Legitimate Parameters (2008-2010). 

• Bryan Horrigan, The High Court of 

Australia’s International Impact and 

Engagement – Enhancing Judicial 

Accountability and Australia’s Place in 

International Law, 2006-2010 

ARC Linkage grants 

(new and in progress) 

• Susan Kneebone with three Partner/ 

Collaborating Organisations: Australian 

Agency for International Development 

(AusAID); United Nations Inter-Agency 

Project on Human Trafficking in the 

Greater Mekong Sub-region (UNIAP); 

International Organization for Migration 

(IOM): Delivering Effective Protection 

to Victims and Prevention of Human 

Trafficking in the Greater Mekong Sub- 

Region. 


• Bronwyn Naylor, Marilyn Pittard 

and Moira Paterson (with Georgina 

Heydon) with six Partner/Collaborating 

Organisations: Corrections Victoria; 

Fitzroy Legal Service Inc; job watch 

Inc; Victorian Equal Opportunity 

and Human Rights Commission; 

Victorian Association for the Care and 

Resettlement of Offenders (VACRO); 

Australian Human Rights Commission: 

Living Down the Past: Criminal Record 

Checks and Access to Employment for 

Ex-offenders. 

• Mark Davison (with Anne Marsh, Daniel 

Palmer, Melissa Miles) with the Centre 

for Contemporary Photography as its 

Partner/Collaborating Organisation: 

Photography As A Crime. 

• Ian Freckleton (with Jacqueline Horan 

(The University of Melbourne), Jane 

Goodman-Delahunty (University of 

NSW), Professor M Israel) with three 

Partner/Collaborating Organisations: 

Australian Institute of Judicial 

Administration (AIJA); Australia New 

Zealand Policing Advisory Agency; 

Self-Employed Barrister, Victorian Bar: 

Australian Jurors’ Perspectives on 

Expert Evidence. 

ARC LIEF grants (new) 

• Arie Freiberg AM (with Andrew 

Mowbray, Graham Greenleaf, Stephen 

Bottomley, Ross Grantham, Patricia 

Blazey, John Selby, Liz O’Donnell): 

Bringing Australian freeaccess 

legislation to international best practice 

standards. 


3.8 Other Externally 

Funded Research 

(Excluding Contracts) 

Dr Matthew Groves, Legal Services Board 

Project Grant: Reforming Judicial Review 

in Victoria. 

Dr David Lindsay, Victoria Law Foundation 

Grant: Understanding the Law and 

informed practice guidelines for children 

engaged in social networking on the 

Internet. 

Mr Bryan Keon-Cohen, Victoria Law 

Foundation Small Grant: Mabo Litigation 

Collection. 

Professor Justin Malbon, Consumer 

Advocacy Panel Grant: Attaining 

optimal carbon abatement rules through 

consumer advocacy: Learning from 

European Experience on the Regulation 

of Energy. 

Professor David Cousins, AusAID 

Research Grant: Effective Implementation 

of Consumer Laws (African Governance 

Facility).

4. Teaching 

4.1 Reflections on 

Teaching During 2009 

The Faculty continued to support 

excellence in education by providing 

high quality Teaching. Professor Stephen 

Barkoczy was Director of Teaching 

throughout 2009. Ms Joanna Becker, 

the Manager – Education Services 

and Mr Lloyd England, the Manager – 

Student Experience continued to provide 

support for the portfolio of the Director of 

Teaching. 

4.2 Teaching Awards 

Faculty Teaching Awards – worth 

$1000 each were awarded to 

• Dr Adam McBeth – Early Career 

Teacher Award 

• Mr Lloyd England and Mr Jason Harkess 

– Sessional Teacher Award 

• Dr Paula Gerber – Faculty Teacher 

Award. 

External Teaching Awards – The Prato 

Program was nominated for, and won, 

a 2009 ALTC (Australian Learning and 

Teaching Council) Award for Programs 

that Enhance Excellence. This Award 

was valued at $25,000 and the team who 

wrote the Award application consisted of 

• Associate Professor Jonathan Clough – 

Director International 

• Dr Heli Askola – Prato Program 

Co-ordinator 

• Ms Joanna Becker – Manager 

Education Services. 

4.3 Teaching Professional 

Development 

In 2009, the Director of Teaching and 

Manager – Education Services conducted 

a range of professional development 

activities for teaching staff including 

• Sessional Tutors Orientation 

• STEP – Sessional Teaching Excellence 

Program 

• Mental Health First Aid Training 

• Faculty Teaching Workshop 

• Faculty Teaching Seminars. 

4.4 The VC’s Showcase 

of Teaching Excellence 

The Manager – Education Services 

attended the annual Vice Chancellor’s 

Showcase of Teaching Excellence on 

14th September 2009 which celebrated 

Teaching Excellence across the University. 

Mr Ross Hyams presented a session 

at this Showcase on “Work Integrated 

Learning Opportunities”. 

Associate Professor Jonathan Clough and Dr Heli Askola receive a 2009 ALTC Program Award from the 

then Deputy Prime Minister Julia Gillard at the Award presentations in Canberra. Ms Joanna Becker, the 

other member of the team could not attend. 

4.5 National Teaching 

Presentations 

Professor Stephen Barkoczy, as winner 

of the 2008 Prime Minister’s Award for 

Australian University Teacher of the Year, 

was invited to make several teaching 

presentations during the year. This 

included the following presentations: 

• “Quality Teaching: The Real Benefits” 

presented at the Inaugural Higher 

Education Conference 2009 in 

Canberra (March 2009). 

• “Making Learning More Effective, 

Realistic and Engaging” presented 

at Swinburne University and Deakin 

University (July 2009). 

4.6 Faculty Teaching 

Workshop 

The Director of Teaching and Manager – 

Education Services conducted the Faculty 

Teaching Workshop on 9th October 2009 

as part of the Educate09 activities. Over 

forty people attended and the guest 

speakers included 

• Professor Stephen Barkozcy – Director 

of Teaching – Introduction 

• Mr Jeremy King and Mr Luke Pellegrini 

from Blake Dawson – What do 

employers want to see in our students? 

• Mr Michael Beaconsfield and Mr Jason 

Bagg from the LSS – What do students 

want out of their Law Course? 

4.7 Faculty Education 

Committee 

The Faculty Education Committee 

chaired by the Director of Teaching met 

four times during 2009. New members 

invited to join the Committee were 

Ms Trish Hughes, the Learning Skills 

Advisor and Mr Lloyd England, the 

Manager – Student Experience. 

4.8 Quality 

The Faculty continued to work closely 

with the Centre for Higher Education 

Quality (CHEQ) to conduct the required 

evaluations. Unit Evaluations, Teaching 

Evaluations and the Monash Experience 

Questionnaire (MEQ09) were conducted 

to help provide systematic feedback 

from students about their University and 

Faculty experience. 


The Faculty again had a pleasing number 

of Units rated in the top band each 

Semester for their performance on Q5 - 

Overall Satisfaction in the Unit evaluations. 

Summer Semester 2008 to 2009 

– 11 Units 

• LAW4179 – International Commercial 

Arbitration 

• LAW7426 – International Copyright Law 

• LAW7427 – International Aspects of 

Foreign Investment 

• LAW7332 – Principles of Construction 

Law 

• LAW7338 – Forward with Fairness: 

New Labour Law 

• LAW7260 – Indigenous Rights and 

International Law 

• LAW7329 – The Privatising State: 

Reform, Regulation and Reinvention 

• LAW7119 – Patents for Inventions 

• LAW7019 – European Union Law and 

Policy 

• LAW7223 – Overview of Intellectual 

Property 

• LAW7277 – Advanced Corporations 



Semester 1 – 10 Units 

• LAW5216 – Professional Practice 

• LAW4523 – The Judiciary in 

Comparative Perspective 

• LAW4160 – Negotiation and 

Mediation Law 

• LAW5151 – Vis Moot 

• LAW5152 – Taxation Law 

• LAW4129 – Law and Discrimination 

• LAW5136 – International Environmental 


• LAW4180 – International Law 

of the Sea 

• LAW4526E – World Trade Organisation 

Dispute Settlement 

• LAW7276 – Principles of Taxation 

Semester 2 – 13 Units 

• LAW5116 – International Law of the 

Sea 

• LAW4160 – Negotiation and Mediation 


• LAW4225 – Non Adversarial Justice 

• LAW4522 – Remedies 

• LAW4130 – Law and Social Theory 

• LAW5127E – Trial Practice and 

Advocacy 

• LAW 4299E – Comparative Tax Policy 

• LAW4524E – Road Trauma Prevention 

and Compensation: Comparative 

analysis 

• LAW7087 – Local Government Law 

• LAW7262 – Goods and Services Tax 

• LAW7318 – International Law and 

Economic, Cultural and Social Rights 

• LAW7434 – The Law of Climate Change 

• LAW7315 – Regulatory Methods

5. Centre reports 

5.1 Castan Centre for 

Human Rights Law 

The Castan Centre for Human Rights Law 

is named after Ron Castan AM QC (1939- 

1999), who was a passionate advocate 

for the recognition and protection of 

human rights and a distinguished member 

of the Victorian Bar. The Centre was 

established in 2000 under a grant from 

the Monash Law School Foundation 

to meet the need for, and interest in, 

the study of human rights law, globally, 

regionally and in Australia. 

The Castan Centre for Human Rights 

Law seeks to promote and protect 

human rights through the generation and 

dissemination of public scholarship in 

international and domestic human rights 

law. 

In pursuit of this mandate, the Centre 

brings the work of human rights scholars, 

practitioners and advocates from a 

wide range of disciplines together in 

the Centre’s key activities of research, 

teaching, public education (lectures, 

seminars, conferences, speeches, media 

presentations etc), applied research, 

advice work and consultancies. 

The Centre has established and taught 

a number of human rights courses in the 

Monash Law School; coordinates local 

and international internship opportunities; 

hosts conferences, workshops, lectures 

and other public events inside and 

outside the university; is involved in civil 

society, the media and public debate on 

human rights issues; won grants and 

project tenders on cutting-edge issues, 

and involves itself in global and regional 

human rights problems. 

5.1.1 2009 Highlights 

In 2009 the Castan Centre consolidated 

its position as one of the leading human 

rights organisations in the country. 

It influenced public and academic 

discourse, conducted cutting-edge 

research and gave unprecedented 

opportunities to secondary and tertiary 

students to engage with human rights. 

Highlights of the year included: 

• The 2009 Human Rights Conference, 

which fully subscribed for the first time 

• Twelve public lectures, including the 

Annual Lecture hosted in conjunction 

with the Melbourne Writers Festival 

• Two roundtables and workshops 

• One human rights career series 

• Eight Global Internships undertaken by 

Monash Law students at organisations 

on five continents including, for the first 

time, South America 

• Twenty two in-house internships, 

covering the summer and winter 

breaks, and both semesters 

• Nine Aurora internships, completed at 

native title representative bodies, and 

other Indigenous organisations, around 

the country 

• The third annual Charter of Human 

Rights mooting competition 

• The third annual Writing for Human 

Rights essay competition 

• Four practical human rights placement 

positions with Melbourne law firm 

Holding Redlich 

• Twenty submissions to Parliamentary 

committees on many areas of human 

rights, including the National Human 

Rights Consultation 

5.1.2 Structure 

Director: 

Professor Sarah Joseph 

(OSP Semester 2) 

Deputy directors: 

Ms Melissa Castan 

(Acting Director Semester 2) 

Dr Julie Debeljak 

Ms Paula Gerber 

(Maternity leave Sept/Oct) 

Professor Susan Kneebone 

Dr Adam McBeth 

Faculty associates: 

Dr Heli Askola 

Dr Gideon Boas 

Ms Azadeh Dastyari 

(OSP Semester 1 & Maternity leave from 

September 2009) 

Dr Patrick Emerton 

Dr Stephen Gray (OSP Semester 1) 

Ms Tania Penovic 

Mr David Yarrow 

Centre personnel: 

Mr Marius Smith 

Ms Erica Contini 

Mrs Kay Magnani 

Advisory board: 

Professor Philip Alston, 

New York University School of Law 

Professor Virginia Dandan, 

University of the Philippines 

Mr Patrick Dodson, 

Lingiari Foundation Inc 

The Hon Elizabeth Evatt AC 

Professor Claudio Grossman, 

Washington College of Law 

Judge Felicity Hampel, 

County Court of Victoria 

Professor Christof Heyns, 

Centre for Human Rights, S. Africa 

The Hon Justice Michael Kirby AC CMG, 

Professor Ivan Shearer, 

UN Human Rights Committee 

Judge Christie Weeramantry, 

Weeramantry International Centre for 

Peace Education and Research 



5.1.3 Public events 

Public lectures and events 

• Richard Clarke, Human Rights Officer 

in the Anti Discrimination Unit of 

the Office of the High Commission 

for Human Rights, Geneva; Andrea 

Durbach, Director, Australian Human 

Rights Centre; and Tom Calma, 

Aboriginal and Torres Strait Islander 

Social Justice Commissioner and 

Race Discrimination Commissioner, 

Australian Human Rights Commission 

(delivered by Ihab Shalbak), ‘Can the 

UN Combat Racism? A preview of 

the Durban Review Conference’, 20 

February 

• Justice Richard Goldstone, former 

judge of the Constitutional Court of 

South Africa, former Chief Prosecutor 

of the International Criminal Tribunals 

for the former Yugoslavia and Rwanda 

and a Holding Redlich Distinguished 

Visiting Fellow, ‘The Current State of 

International Criminal Justice’, 3 March 

• Professor Frank Garcia, Law Faculty 

Boston College, Director – Law & 

Justice in the Americas Program, 

‘The Doha Round and its implications 

(success or failure) for developing 

countries’, 31 March 

• Ms Tina Minkowitz, Co-Chair, World 

Network of Users and Survivors of 

Psychiatry and founder of the Center 

for the Human Rights of Users 

and Survivors of Psychiatry, ‘The 

Convention on the Rights of Persons 

with Disabilities: A New International 

Order for the Human Rights of Users 

and Survivors of Psychiatry’, 3 June 

• ‘Human Rights Arts and Film Festival’, 

hosted by the Castan Centre at the 

Monash Cinema, Clayton, 6 August 

• Ms Rebiya Kadeer, Leader of the 

World Uighur Congress, ‘China’s 

Treatment of its Uighur Minority’, 

7 August 

• Annual Lecture by Justice Thomas 

Buergenthal of the International 

Court of Justice and a Holding 

Redlich Distinguished Visiting Fellow, 

‘Responding to Genocide’, 27 August 

• David Ritter, Indigenous rights lawyer, 

‘Native Title for Sale’, 21 September 

• Tony Maniaty, journalist, author and 

consultant on the movie Balibo ‘War 

reporting, international humanitarian 

law and the legacy of Balibo’, 15 

October 


• Nin Tomas, Auckland University, 

‘The Declaration on the Rights of 

Indigenous Peoples. Can Australians 

learn from Maori experiences or are we 

following completely separate paths?’, 

29 October 

• Professor Hugh Corder, Faculty of 

Law, University of Cape Town ‘A 

human rights roadmap: Has the 

constitutional protection of economic, 

social and cultural rights worked in 

South Africa?’, 4 November 

• ‘The Indigenous Birth Registration 

and Birth Certificates Symposium’, 

organised by Dr Paula Gerber and 

Ms Melissa Castan, 1 December 

• Dame Rosalyn Higgins DBE QC, 

retired President of the International 

Court of Justice and a Holding Redlich 

Distinguished Visiting Fellow, ‘The ICJ 

in the contemporary world of human 

rights’, 8 December 

• Conferences 

2009 Annual Castan Centre Conference: 

“The Changing Human Rights 

Landscape” 

Held on Friday 17th July 2009, State 

Library of Victoria. The Conference was 

fully subscribed for the first time, and was 

a great success. Speakers were: 

• The Hon. Robert McClelland, 

Commonwealth Attorney-General 

• Dr Ben Saul, Director of the Sydney 

Centre for International Law, University 

of Sydney 

• The Hon. Justice Chris Maxwell, 

President of the Victorian Court of 

Appeal 

• Mr Alistair Pound, Barrister 

• The Hon Robert Hill, Former Australian 

Ambassador and Permanent 

Representative to the United Nations 

• Professor Hilary Charlesworth, 

Director of the Centre for International 

Governance and Justice, Australian 

National University 

• Professor Chris Sidoti, former 

Australian Human Rights 

Commissioner, Visiting Professor at 

Griffith University and University of 

Western Sydney 

• Professor Sarah Joseph, Director of the 

Castan Centre for Human Rights Law 

Workshops and Roundtables 

The Centre conducted a number of 

significant workshops and roundtables 

during 2009, each of which contributed to 

the development of law and policy on vital 

human rights issues. 

• Legal and Criminal Justice Response 

to Trafficking in Persons in Australia 

Workshop held in November 2009. 

The workshop was convened under 

the ARC Linkage Grant entitled 

‘Australia’s Response to Trafficking in 

Women: A Model for the Regulation 

of Forced Migration in the Asia-Pacific 

Region?’, and was supported by 

the Attorney-General’s Department. 

The workshop was convened by the 

Castan Centre’s Dr Julie Debeljak 

and Professor Susan Kneebone. 

Speakers included Dr Anne Gallagher 

(Technical Director of the Asia Regional 

Trafficking in Persons Project), Ms 

Elizabeth Broderick (Sex Discrimination 

Commissioner), Commander Ramzi 

Jabbour (Manager Border Operations, 

Australian Federal Police), Mr Albert 

Moskowitz (Prosecutorial Adviser, 

ARTIP), Judge Michael McInerney 

(Victorian County Court) and Associate 

Professor Jennifer Burn (Director of the 

Anti-Slavery Project, UTS) 

• Symposium on Indigenous Birth 

Registration and Birth Certificates 

held in December 2009. The 

symposium discussed the experience 

of Indigenous Victorians relating to 

birth registration and birth certificates. 

Speakers included Elaine Terrick, who 

discussed the difficulty in obtaining 

identification as an Indigenous 

Victorian, Joel Orenstein (Solicitor), 

Glenn Bond (PLAN Australia), Frank 

Guivarra (CEO of the Victorian 

Aboriginal Legal Service) and the 

Castan Centre’s Melissa Castan and 

Dr Paula Gerber. 

• Human Rights and Indigenous 

Archives Research Forum organised 

by the Centre for Organisational 

and Social Informatics (COSI) in 

conjunction with the Centre for 

Australian Indigenous Studies (CAIS) 

and the Castan Centre for Human 

Rights Law, 7 August 2009

5.1.4 Conference papers 

and public speeches 

• J. Debeljak, ‘Australia’s Human Rights 

Report Card’, panel discussion at the 

Australian Lawyers Alliance Annual 

National Conference, 22 October, 

Sanctuary Cove 

• J. Debeljak, ‘The Legislative 

Framework for Combating Trafficking 

in Persons’ (Background Paper 

prepared for the Legal and Criminal 

Justice Responses to Trafficking 

in Persons in Australia: Obstacles, 

Opportunities and Best Practice 

Workshop, Melbourne, 9 November 

2009), 1-39 (with S. Kneebone, M. 

Cullen, F. Ransom) 

• P. Emerton, ‘Human Rights – A Longer 

History – Response to Historians’, 

Symposium on Human Rights: A 

Longer History, Melbourne, 9-10 

October 2009 

• P. Gerber, ‘Like Ripples from a 

Pebble someone Tosses in a Stream: 

Using Human Rights Education to 

Create a Human Rights Culture’, 

paper presented at the Victorian 

Equal Opportunity & Human Rights 

Commission conference, Melbourne, 

March 

• P. Gerber, ‘Human Rights Education’, 

paper presented to the United Nations 

Youth Association conference, 

University of Melbourne, April. 

• S. Joseph, Speaker, Community 

Observance of the Opening of 

the Legal Year, Parliament House, 

Melbourne, 2 February 

• S. Joseph, Keynote Speaker, Induction 

of new members of the Monash 

Golden Key Society, 22 April 

• S. Joseph, Human Rights and Digital 

Story-telling, Australian Centre for the 

Moving Image, 16 May 

• S. Joseph, Inaugural Human Rights 

Lecture, North Queensland Law 

Association conference 2009, 

Townsville, 29 May 

• S. Joseph, ‘A Federal Bill of Rights’, 

presented at the District and County 

Court Judges conference, Sydney, 

25 June 

• S. Joseph, ‘Human Rights Events: The 

Year in Review’, Castan Centre Annual 

Conference ‘The Changing Human 

Rights Landscape’, State Library of 

Victoria, 17 July 2009. 

• S. Joseph, ‘Israel, the Occupied 

Territories and Human Rights’, 

Australian Centre for Jewish 

Civilisation, Monash University, 

6 August 2009 

• S. Joseph, ‘The Human Rights 

Council: Three Year Report Card’, 

Lauterpacht Centre for International 

Law, Cambridge University, 

23 October 2009 

• S. Joseph, ‘Human Rights Council: 

Three Year Report’ 

– Interights, London, 28 October 2009 

– VU (Free University), Amsterdam, 

9 November 2009 

– University of Nottingham, UK, 


• S. Joseph, ‘Corporations and Human 

Rights’, Herbert Smith Law Firm 

Breakfast Seminar, London, 12 

November 2009 

• S. Joseph, ‘Overview of Transnational 

Litigation’, Corporate Complicity in 

Human Rights Violations, Lauterpacht 

Centre for International Law and 

Africa First, Cambridge University, 

16 December 2009 

• S. Kneebone, ‘Governance of 

Labour Migration in South East Asia’, 

presented to 6th Asian Law Institute 

conference, University of Hong Kong, 

29 May 

• S. Kneebone, ‘Immigration 

Detention in Australia: Success or 

Smokescreen?’, address to the 

Immigration Legal Practitioners’ 

Association (UK), London, 10 June 

• S. Kneebone, ‘Governance of Labour 

Migration in South East Asia: Lessons 

for the Globe?’ presented to IASFM 

12, Nicosia, Cyprus, 29 June 

• S. Kneebone, ‘Protection and victims 

of trafficking in the Greater Mekong 

Sub-region’ presented to IASFM 12, 

Nicosia, Cyprus, 30 June 

• S. Kneebone, ‘International Standards 

for Labour Migrants’, keynote address 

presented to the Labour Trafficking 

Forum, University of Technology 

Sydney, July 2009. 

• S. Kneebone, ‘Refugee Futures: 

Perspectives from South East Asia’ 

presented to the Refugee Futures 

Conference, 10-12 September, Prato 

• S. Kneebone, ‘Refugees, Crime and 

Security: The Trafficking-refugee 

nexus’ presented to the Refugee 

Futures Conference, 

10-12 September, Prato. 

• S. Kneebone, ‘ASEAN’s role in 

protecting the rights of migrant 

workers’, invited presentation to 

conference on Building Human Rights 

Institutions in the Asia-Pacific Region, 

Faculty of Law, Sydney University, 27 

November 2009 

• A. McBeth, ‘Balancing Competing 

Rights under the Victorian Charter’, 

presented to the Law Institute of 

Victoria ‘Human Rights Conference 

2009’, 21 August 2009 

• B. McSherry, ‘Agents of State Control: 

The Ethics of Risk Assessment 

Testimony for Preventive Detention 

Schemes’ Autumn Symposium: 

Australian & New Zealand Association 

of Psychiatry, Psychology and Law 

(ANZAPPL) Paper: 17 May 2009 

• M. O’Sullivan, ‘Protection in the 

Context of Refugee Status’, delivered 

at the International Conference 

‘Protecting People in Conflict and 

Crisis: Responding to the Challenges 

of a Changing World’, Refugee Studies 

Centre, University of Oxford, 23 

September 2009 

• M. O’Sullivan, ‘The Cessation 

Provisions of the EU Qualification 

Directive – Do they provide protection 

against persecution or “effective 

protection”?’, delivered at the Cuenca 

Colloquium on International Refugee 

Law, Spain, 1 October 2009 

• T. Penovic, ‘Public International 

Law and Human Rights in Australia’ 

presentation to Australian Institute of 

International Affairs ACCESS Youth 

Network Forum ‘Inside the World of 

International Law, 30 September 2009 



5.1.5 Courses offered 

Postgraduate units 

• G. Boas, International Criminal Justice 

• J. Debeljak, Overview of Human Rights 


• K. Eastman, International Human 

Rights Law and Women 

• I. Freckleton, Health Law and Human 

Rights 

• P. Gerber, International Law and 

Economic, Social and Cultural Rights 

• P. Gerber, Protecting the Rights of 

Minorities, Marginalised and Vulnerable 

People 

• S. Joseph, Overview of International 

Human Rights Law 

• S. Joseph, Terrorism and Human Rights 

• S. Kneebone, Forced Migration and 

Human Rights, 

Undergraduate units 

• H. Askola, International Human Rights 

• M. Castan, Current Issues in 

Indigenous Rights 

• S. Kneebone, Citizenship and 

Migration Law 

• A. McBeth, International Criminal Law 

• A. McBeth, International Human Rights 

• T. Penovic, Human Rights in Australian 


Short courses, seminars and 

training programs 

• J. Debeljak, Human Rights Trainer, 

Charter Workshop – Theory and 

Practice, Practical Training for Victorian 

Barristers on the Victorian Charter, 

as part of the Continuing Legal 

Education program for the Victorian 

Bar Association Inc and the Victorian 

Bar Charter Working Group, 7 and 14 

February 

• J. Debeljak and A. McBeth: Provision 

of Human Rights Training for DFAT, 

1-2 October. 

• J. Debeljak and A. McBeth: Provision 

of Human Rights Training for DFAT, 

8-9 October 

• J. Debeljak and S. Kneebone, 

Convened a Workshop entitled ‘Legal 

and Criminal Justice Responses to 

Trafficking in Persons in Australia: 

Obstacles, Opportunities and Best 

Practice’ Workshop, 9 November 


• P. Gerber and M. Castan, ‘Indigenous 

Birth Registration and Birth 

Certificates’ Symposium, 1 December 

• S. Kneebone, Member of the 

organising committee of Refugees 

Futures Conference, Prato, Italy, 

September 2009 

• J. Kyriakakis (in conjunction with 

L. May), Co-ordinated the Special 

Workshop on Defenses and 

Punishment in International Criminal 

Law, Program of Special Workshops 

and Working Groups, held at the 24th 

IVR World Congress of Philosophy of 

Law and Social Philosophy, China Law 

Society, Beijing, 16 September 2009 

5.1.6 Submissions 

• J. Debeljak, Submission to the 

National Consultation on Human 

Rights Committee, 15 June, 1-88 

• J. Debeljak, Submission to the 

Advisory Group on Reform of 

Australian Government Administration 

regarding ‘Reform of Australian 

Government Administration: Building 

the world’s best public service’ (with 

M. Smith), 2 December 2009 

• P. Emerton. Submission to the 

Standing Committee on Finance 

and Public Administration regarding 

the Inquiry into the National Security 

Legislation Monitor Bill 2009, February 

2009 

• B. Horrigan, Submission to the 

National Human Rights Consultation 

Committee, June 2009 

• B. Horrigan, Evidence given before 

the Human Rights Consultation 

Committee on the National Human 

Rights Consultation, 3 July 2009 

• P. Gerber, Evidence given before 

the Human Rights Consultation 

Committee on the National Human 

Rights Consultation, 3 July 2009 

• P. Gerber and A. Sifris, Submission 

to the Standing Committee on Legal 

and Constitutional Affairs, ‘Inquiry into 

Marriage Equality Amendment Bill’, 

(with M. Smith and E. Contini), 

4 September 2009 

• S. Joseph, A. McBeth and E. Contini 

Evidence given before Joint Standing 

Committee on Foreign Affairs, Defence 

and Trade regarding the ‘Inquiry into 

Human rights mechanisms and the 

Asia-Pacific Region’, April 2009 

• S. Joseph (major author), Castan 

Centre Submission to the National 

Human Rights Consultation, ‘A Federal 

Human Rights Mechanism’, June 2009 

• S. Kneebone and T. Penovic, 

Submission to the Legal and 

Constitutional Affairs Committee on 

the Migration Amendment (Immigration 

Detention Reform) Bill 2009, (with H. 

Fabinyi and E. Moskovitch), 6 August 


• S. Kneebone, Submission to the 

Standing Committee on Legal and 

Constitutional Affairs on the Inquiry into 

the Australian Citizenship Amendment 

(Citizenship Test Review and Other 

Measures) Bill 2009, (with L. Healy and 

M. Money), 6 August 2009 

• S. Kneebone, Evidence given to the 

Standing Committee on Legal and 

Constitutional Affairs on the Australian 

Citizenship Amendment (Citizenship 

Test Review and Other Measures) Bill 

2009, 27 August 2009 

• S. Kneebone, Evidence given to the 

Victorian Parliamentary Committee on 

Trafficking and Prostitution, Melbourne, 


• A. McBeth, J. Debeljak, M. Castan, 

P. Gerber, M. Smith, S. Gray, T. 

Penovic, R. Alexander, Submission to 

the Attorney-General’s Department 

regarding the follow-up to Human 

Rights Committee Concluding 

Observations, 20 November 2009

5.1.7 Publications 

Books 

• S. Joseph, D. Kinley and J. Waincymer 

(eds), The World Trade Organization 

and Human Rights: Interdisciplinary 

Perspectives, (Edward Elgar, UK, 

2009) 

• S. Kneebone (ed), Refugees, Asylum 

Seekers, and the Rule of Law: 

Comparative Perspectives (Cambridge 

University Press, 2009) 

• A. McBeth, International Economic 

Actors and Human Rights, (2009, 

Routledge) 

Book chapters 

• G. Boas, ‘Forms of responsibility in 

International Criminal Law – Some 

Problems and Answers’ in Larissa 

van den Herik et al (eds), Future 

Perspectives on International Criminal 

Justice (Asser Press/Cambridge 


• G. Boas, ‘Review of contempt and 

misconduct proceedings’, in André 

Klip and Göran Sluiter (eds), Annotated 

Leading Cases of International Criminal 

Tribunals, Volume XXI (Intersentia, 2009) 

• P. Emerton, ‘International Economic 

Justice: Is a principled liberalism 

possible?’ in S. Joseph, D. Kinley, 

J. Waincymer (eds) The World Trade 

Organization and Human Rights: 

Interdisciplinary Perspectives, (Edward 

Elgar, UK, 2009) 133-161 

• S. Joseph, ‘Democratic Deficit, the 

Right to Political Participation and 

the World Trade Organization’ in 

S. Joseph, D. Kinley, J. Waincymer 

(eds) The World Trade Organization 


Perspectives, (Edward Elgar, UK, 

2009) 313-343 

• S. Joseph, ‘Trade and the Right to 

Health’, in Andrew Clapham and Mary 

Robinson (eds), Realizing the Right to 

Health (Swissbook, Geneva, 2009), 

361-369 

• S. Kneebone, ‘Introduction: 

Refugees and Asylum Seekers in the 

International Context – Rights and 

Realities’ in Refugees, Asylum Seekers 

and the Rule of Law: Comparative 

Perspectives (Cambridge University 

Press, 2009) 

• S. Kneebone, Chapter 1, ‘The Rule of 

Law and the Role of Law: Refugees 

and Asylum Seekers’ in Refugees, 

Asylum Seekers and the Rule of Law: 



• S. Kneebone, Chapter 4, ‘The 

Australian Story: Asylum Seekers 

Outside the Law’ in Refugees, 




• S. Kneebone, Chapter 6, ‘Conclusions 

on the Rule of Law’ in Refugees, 




• S. Kneebone, ‘Trois figures de la 

femme: actrice, victime et refugie. 

Contribution au debat sur la traite 

des personnes’ (‘The trafficking 

dialogue: women as agents, victims 

and refugees’) in F. Crepeau et al 

eds Les migrations internationales 

contemporaines: Une dynamique 

complexe au coeur de la globalisation 

published (in French) by Les Presses 

de l’Universite de Montreal (2009) 

pp.39-69 

• M. O’Sullivan, ‘The intersection 

between the international, the regional 

and the domestic: Seeking asylum in 

the United Kingdom’, in S. Kneebone 

(ed), Refugees, Asylum Seekers 

and the Rule of Law: Comparative 

Perspectives (Cambridge University 

Press, 2009) 

Articles 

• G. Boas, ‘Trying tyrants for mass 

atrocity’ (2009) Alternative Law Journal 

• M. Castan, ‘International and 

Comparative Indigenous rights 

via video conferencing’ with M. 

Stephenson, B Morse, L. Robertson, 

D. Yarrow, N. Tomas and R. 

Thompson, (2009) 19(1) Legal 

Education Review 237-256 

• P. Emerton and T. Handfield, ‘Order 

and Affray: Defensive Privileges in 

Warfare’, Philosophy & Public Affairs v 

37 (2009): 382-414 

• P. Gerber, ‘If I were Attorney- 

General…’, Human Rights Law 

Resource Centre Bulletin, (June 2009) 

• P. Gerber, ‘Making Indigenous 

Australians ‘Disappear’: Problems 

arising from our Birth Registration 

Systems’ (2009) 34(3) Alternative Law 

Journal 158 

• P. Gerber, ‘Making Visible the Problem 

of Invisibility’ (2009) 83(10) Law 

Institute Journal 52 

• S. Gray, ‘Of royalty, rumour and the 

power behind the throne: sedition 

in modern Malaysia’ (2009) 34(1) 

Alternative Law Journal, 55 

• S. Gray, ‘The blogger prince and 

the cultured Mongolian: sedition 

prosecutions in the modern Malaysian 

state’ (2009) 14(4) Media and Arts Law 

Review, 455-474. 

• S. Joseph, ‘Human Rights and the 

WTO: Issues for the Pacific’, (2009) 20 

Victoria University of Wellington Law 

Review 351-367 

• S. Kneebone, Review of Sara E. 

Davies, Legitimising Rejection: 

International Refugee Law in South 

East Asia (Martinus Nijhoff Publishers, 

2008) (2009) (22 No 2) Journal of 

Refugee Studies pp 243-245 

• J. Kyriakakis, ‘Australia and 

International Criminal Law: The 

Responsibilities of Companies to Abide 

by International Criminal Law’ (2009) 

5(1) Journal of International Peace 

Operations 29-30 

• J. Kyriakakis, ‘Corporate Criminal 

Liability and the ICC Statute: The 

Comparative Law Challenge’, 

Netherlands International Law Review 

(2009) 56(3) 333-366 

• A. McBeth, ‘Crushed by an Anvil: 

A Case Study on Corporate 

Responsibility for Human Rights in 

the Extractive Sector’, (2008) 11 Yale 

Human Rights and Development Law 

Journal 127-66 

• A McBeth, ‘A Right by Any Other 

Name: The Evasive Engagement of 

the International Financial Institutions 

with Human Rights’ (2009) 40 George 

Washington International Law Review 

101-56 

• B. McSherry and M. Cullen, ‘Without 

Sex: Slavery, Trafficking in Persons and 

the Exploitation of Labour in Australia’ 

(2009) 34(1) Alternative Law Journal 

4-10 

• B. McSherry, ‘Mental Health Laws for 

Those “Compliant” with Treatment’ 

(2009) 17(1) Journal of Law and 

Medicine 16-21, (with D. Bruckard) 



• B. Naylor, (with B. Saunders), 

‘Whose Rights? Children, Parents and 

Discipline’, 2009, 34/2, Alternative Law 

Journal, 80-85. 

• T. Penovic, Contributing author, 

Oxford Australian Legal Dictionary 

(Oxford University Press, 2009), 

definitions in word categories including 

constitutional law, torts, international 

law and human rights law 

• T. Penovic, Book review ‘Human 

Rights Overboard: Seeking Asylum in 

Australia’ by L. Briskman, S. Latham 

and C. Goddard, Journal of Refugee 

Studies (Oxford University Press, 2009) 

Other Publications 

• M. Castan and C. Watts (eds), 

Handbook for Interns: A guide 

to internships at Native Title 

Representative Bodies, Native 

Title Service Providers, Indigenous 

corporations, government bodies, 

community groups, not-for-profit, 

policy and other Indigenous 

organizations (The Aurora Project) 

5.1.8 Media 

• S. Joseph, Letter to the Editor, 

Somewhat Ill-Informed, The Australian, 

9 April 2009 

• S. Kneebone, Quoted in Sydney 

Morning Herald article by Jonathan 

Pearlman, ‘Fate in air as arrival status 

in doubt’, 18 April 2009 

• S. Kneebone, Assisted and quoted 

in article by Erin Tennant on ninemsn, 

‘Illegal boat arrivals reflect global 

trend’, 23 April 2009 

• S. Kneebone, Quoted in ABC News 

article by Brendan Trembath, ‘Apology 

to abused ‘won’t help compo claims’’, 

31 August 2009 

5.1.9 Research projects 

• Commonwealth of Australia, Services 

for Native Title Representative Bodies, 

‘Aurora Project’, M. Castan, D. Yarrow, 

R. Potok and M. Smith 

• Faculty Small Grants Scheme Award 

‘Making Indigenous Australians 

Disappear: The Magic Tricks 

performed by our Birth Registration 

Systems’ M. Castan (with P Gerber). 

• Law Faculty Conference Support 

Scheme Grant in 2009, ($10,000, with 

B. Naylor). The Grant will contribute to 

the costs of organizing an international 

conference, ‘Implementing Human 


Rights in Closed Environments’ to 

be held at the Monash University 

Campus in Prato in September 2011, 

J. Debeljak 

• Attorney-General’s Department ‘Grants 

to Australian Organisations Program, 

2009-2010’, to run a Workshop 

entitled ‘Legal and Criminal Justice 

Responses to Trafficking in Persons in 

Australia: Obstacles, Opportunities and 

Best Practice’ on 9 November 2009 

($13,720), J. Debeljak 

• Geneva Academy of International 

Humanitarian Law and Human Rights, 

project relating to the 60th anniversary 

of the Universal Declaration of Human 

Rights, ‘Human Rights Education as 

a Means of Preventing Human Rights 

Abuses’, P. Gerber 

• Administration of Aboriginal affairs 

during the ‘assimilation’ era, S. Gray 

• Oxford University Press, Analysis of all 

decisions of UN Human Rights treaty 

monitoring bodies. S. Joseph 

• ARC Linkage Grant, ‘Australia’s 

Response to Trafficking in Women: 

A Model for the Regulation of Forced 

Migration in the Asia-Pacific Region?’, 

with fellow Chief Investigators Prof 

Bernadette McSherry and Prof Susan 

Kneebone 

• ARC Linkage Grant, ‘Delivering 

Effective Protection to Victims and 

Prevention of Human Trafficking in 

the Greater Mekong Sub-Region’, S. 

Kneebone 

• ARC Discovery Grant ‘Law, 

Governance and Regulation of Intraregional 

Labour Migration in South 

East Asia: An Agenda for Protection 

and Development’, S. Kneebone 

• ARC Linkage Grant ‘Applying 

Human Rights Legislation in Closed 

Environments: A Strategic Framework 

for Managing Compliance’, B. Naylor, 

A. Freiberg, J. Debeljak, S. Thomas 

and I. Dussuyer. 

• Legal Services Board Grant ‘Lawful 

Correction or Child Abuse: Clarifying 

the boundaries, sanctions and 

decision-making surrounding the 

physical discipline of children’, B. 

Naylor, R. Alexander and B. Saunders. 

• Australian Research Council Linkage 

Grant (with Professor Marilyn Pittard, 

Associate Professor Moira Paterson 

and Dr Georgina Heydon) ‘Living 

down the past: Criminal record 

checks and access to employment 

for ex-offenders’ ($96,000), Partner 

Organisations: Corrections Victoria 

(Department of Justice), Australian 

Human Rights Commission, Victorian 

Equal Opportunity and Human Rights 

Commission (VEOHRC), JobWatch, 

Victorian Association for the Care and 

Rehabilitation of Offenders (VACRO) 

and Fitzroy Legal Service, 2009, 

B. Naylor 

5.1.10 Visiting fellows 

The Holding Redlich ‘Distinguished 

Visiting Fellowship Program’, under 

the auspices of the Castan Centre, is 

designed to attract one or more high 

profile international or domestic human 

rights scholars or experts each year to the 

centre. Visiting Fellows for 2009 were: 

• Dame Rosalyn Higgins DBE QC, 

retired President of the International 

Court of Justice, Dame Rosalyn 

Higgins was the first female judge 

appointed to the International Court 

of Justice in 1995, and served as 

its president from 2006 until her 

retirement in early 2009. She is the 

recipient of numerous awards and 

honorary degrees and is currently the 

advisor on international law to the 

British government’s inquiry into the 

Iraq war. 

• Justice Thomas Buergenthal of the 

International Court of Justice. Justice 

Buergenthal, formerly of the UN 

Human Rights Committee and the 

Inter-American Court of Human Rights, 

is currently a judge at the International 

Court of Justice in The Hague. He 

was imprisoned as a child in Nazi 

concentration camps. 

• Justice Richard Goldstone was a 

former judge of the Constitutional 

Court of South Africa and former Chief 

Prosecutor of the International Criminal 

Tribunals for the former Yugoslavia 

and Rwanda. From 1991 to 1994, he 

was Chairperson of the Commission 

of Inquiry Regarding Public Violence 

and Intimidation (‘the Goldstone 

Commission’)

5.1.11 Student programs 

(a) Global Internship Program 

The Castan Centre global Internship 

Program selected 8 interns for the 

following organisations with funding from 

the Student Mobility Fund, Daniel and 

Danielle Besen and the DVC Education 

Fund: 

• Human Rights First, New York 

• Australian Delegation to the United 

Nations Human Rights Council, Geneva 

• International Women’s Rights Action 

Watch – Asia Pacific, Kuala Lumpur 

and Geneva 

• Oxfam Australia, Durban, South Africa 

• Amazon Defense Coalition, Quito 

• Centre for Constitutional Rights, 

New York 

• International Criminal Tribunal for the 

Former Yugoslavia, The Hague 

An information session on the program 

was held for students at Monash 

University Clayton in July 2009. The global 

interns also underwent cross-cultural 

training prior to their internships. 

(b) In-house Internship Program 

During 2009 we selected 22 interns 

for the Centre’s in-house Internship 

Program covering the summer and winter 

breaks, and both semester. This program 

provides community-minded Monash 

law students the opportunity to assist the 

Centre in developing and implementing its 

suite of human rights programs. 

(c) Human Rights Career Series 

Seminars 

Eila Pourasgheri, Lawyer, Women’s Legal 

Service Victoria 

(d) Charter of Rights Moot 

Victorian Charter of Human Rights and 

Responsibilities Moot, with Law School 

teams competing from Monash University, 

La Trobe University, Melbourne University, 

Victoria University and Deakin University, 

was sponsored by Clayton Utz and held 

at Clayton Utz and the Court of Appeal 

from 31 August – 10 September. A La 

Trobe University team was the winner of 

the 2009 Moot. 

(e) Human Rights Essay Competition 

The Castan Centre sponsored the 

2009 Writing for Human rights Essay 

Competition for Victorian year 11 and 12 

school students. The topic for 2009 was 

‘”We’re not morons”: governments should 

butt out of young people’s lives’. 

This competition is held to engage young 

people with the law and legal debate 

through current human rights, social 

and political issues. 74 essays were 

received from students and prizes for first, 

second, third and a schools prize were 

awarded at the Great Law Week Debate. 

The competition was supported with 

a General Grant from the Victoria Law 

Foundation. 

(f) Advanced Professional Practice 

A. McBeth and T. Penovic, Academic 

Conveners of Human Rights Clinic in 

the LLB subject ‘Advanced Professional 

Practice’ run by the Castan Centre in 

conjunction with Holding Redlich. 

(g) The Aurora Project 

Nine interns were placed at a number of 

bodies, including native title representative 

bodies, the Australian Human Rights 

Commission and the Cape York Institute. 

The centre’s Deputy Director M. Castan 

and Manager M. Smith interviewed all the 

applicants from Monash, Latrobe, Deakin 

and Victoria Universities and assisted 

Aurora personnel with selection of 

appropriate interns and recipient bodies. 

In addition they continued administration, 

financial control and editing duties in 

regard to this project. 



5.2 Centre for 

Regulatory Studies 

The Monash Centre for Regulatory 

Studies is a joint initiative between 

the faculties of Law, Business and 

Economics, Arts, Medicine, Nursing and 

Health Sciences and Pharmacy and 

Pharmaceutical Sciences. The aim of the 

Centre is to integrate regulatory theory 

and practice through a cross-disciplinary 

approach to postgraduate teaching and 

research programs. 

The objectives of the Centre are to: 

• promote interdisciplinary postgraduate 

teaching and higher degree 

research programs 

• foster interdisciplinary innovative 

research in regulatory theory and 

practice 

• encourage engagement in the national 

and international academic activities of 

the discipline and contribute to public 

policy making 

• develop opportunities for research 

grants and other research funding 

• make a significant contribution to the 

faculties participating in this initiative 

• provide a scholarly presence, 

that is recognised nationally and 

internationally, in the interdisciplinary 

study of regulation 

• undertake and encourage training, 

research and consultancy activities 

in the public and private sectors in 

Australia and overseas 

• run seminars, workshops and short 

courses for the public and private 

sectors 

5.2.1 Structure 

Director: 

Professor Graeme Hodge 

Acting Director: 

Professor Justin Malbon 

(for six months from August 2009) 

Members and Associates: 

Associate Professor Niels Ejersbo 

(visiting fellow, August 2008 – July 2009) 

Dr David Cousins 

(Professorial Fellow) 

Dr. Diana Bowman 

(Senior Research Fellow), 

Dr. George Gilligan 

(Senior Research Fellow), 


Ms. Meli Voursoukis 

(Centre Administrator), 

Dr Sandra Webb 

(Business Development). 

Advisory Board 

Ms Penny Armytage 

Secretary, Department of Justice 

Mr Wayne Byres 

Executive General Manager, Diversified 

Institutions Division, Australian Prudential 

Regulation Authority (until August 2009) 

Mr Simon Corden 

Director, Victorian Competition and 

Efficiency Commission (until June 2009) 

Mr Richard Clarke 

Executive Director, Victorian Competitions 

and Efficiency Commission (From July 

2009) 

Ms Jo Daniels 

Partner, Clayton Utz 

Mr Rex Deighton Smith 

Director, Jaguar Consulting Pty Ltd 

Mr Joe Dimasi 

Commissioner, Australian Competition 

and Consumer Commission 

Ms Wendy Peter 

Partner, Allens Arthur Robinson 

Mr John Price 

Australian Securities and Investment 

Commission (until June 2009) 

Mr Warren Day 

Regional Commissioner, Australian 

Securities and Investment Commission 

(from July 2009) 

5.2.2 Public events 

Public Seminars 

• ‘Planning and Climate Change: 

how can the planning process be 

used to reduce the greenhouse gas 

emissions?’, conference, a joint 

initiative with Monash Sustainability 

Institute, Monash University Law 

Chambers, 20 October, 2009. 

• Nanodialogue on Nanotechnology and 

Food Regulation. A joint workshop 

between the Australian Office of 

Nanotechnology, MCRS and the 

Australian Food and Grocery Council, 

25 March 2009. Chaired by Professor 

Graeme Hodge. 

• ‘National Consumer Law and 

Unfair Contract Terms’, seminar, 

Monash University Law Chambers, 

17 February, 2009. 

Internal Seminars 

• 20 October 2009: Collective 

Bargaining, Authorisation and harm to 

outsiders’ 

Presented by Professor Stephen 

King, Dean, Faculty of Business and 

Economics, Monash University 

• 19 May 2009: ‘Regulatory reform 

through institutional change’ 

Presented by Dr David Cousins, 

Monash Centre for Regulatory Studies, 

Faculty of Law, Monash University. 

• 5 May 2009: ‘Regulating for private 

involvement in public service delivery – 

a policy approach’ 

Presented by Dr Niels Ejersbo, visiting 

academic from Department of Political 

Science and Public Management, 

University of Southern Denmark 

5.2.3 Staff members’ 

activities 

Conference Papers 

Bowman, DM (2009), ‘International 

Developments: An Australian (or ‘Down 

Under’) Perspective’, invited presentation 

at the 2nd Annual Conference on 

Nanotechnology Law, Regulation, and 

Policy, Washington DC, 18-19 February. 

Bowman, DM (2009), ‘General Lessons 

from the Case Studies: Regulatory 

Issues’, rapporteur for the European 

Commission’s 3rd Nano Safety for 

Success Dialogue: Building Trust in 

Nanotechnology, Brussels, 4 November. 

Bowman, DM (2009), ‘Regulating 

Nanotechnologies: A Bird’s Eye 

View’, invited presentation at the 

Nanotechnology: The Next Asbestos?, 

Safe Work Tasmania Week, 29 October. 

Bowman, DM and B Brooks (2009), 

‘Legal and human factors issues in 

the production and transportation of 

engineered nanoparticles in the context of 

limited toxicity data’, paper presented to 

International Congress on Occupational 

Health, Cape Town, 22-27 March. 

Bowman, DM and G Gilligan (2009), 

‘Self-regulation by industry: Sufficient to 

protect the consumer, the company and 

the technology?’, Working Conference on 

Nanotechnology Regulatory Policy, UCLA, 

17 April.

Cousins D (2009), “The Substantial 

Lessening of Competition of Competition 

Test”’ Presentation to the Competition 

Law for Legal Practitioners Conference 

organised by the Zambian Competition 

Commission and the Law Association of 

Zambia, Lusaka 20 November. 

Cousins D (2009), “ The Control of 

Mergers”, Presentation to the Competition 

Law for Legal Practitioners Conference 

organised by the Zambian Competition 

Commission and the Law Association of 

Zambia, Lusaka 20 November. 

Cousins, D (2009) ‘Where to now with 

credit regulation’, invited presentation 

at The National Consumer Congress in 

Adelaide, 13 March. 

Cousins, D (2009) ‘Regulation reform 

in Australia: balancing competition and 

regulation’, invited presentation at 9th 

Annual Competition Law & Regulation 

Review Conference in Wellington, 25 

February. 

Cousins D (2009), Recent Developments 

in Consumer Policy in Australia, 

Presentation to the Office of Consumer 

Protection, Department of Trade and 

Industry Republic of South Africa, 7 

September 2009. Also published in 

Monash University Law Matters 

Cousins, D (2009), ‘Scope and Impact 

of proposed consumer credit protection 

amendments’, invited presentation at the 

FINSIA Consumer Finance Symposium, 

Melbourne 27 August 2009 

Hodge, GA (2009), ‘The Australian PPP 

Experience: Some observations and 

reflections’, presented at the International 

Workshop on PPP’s in Osaka, Osaka, 13 

November. 

Hodge, GA (2009), ‘Public-Private 

Partnership: Some International 

Reflections’, presented at the International 

Workshop on PPP’s in Tokyo, Tokyo, 6 

November. 

Hodge, GA (2009), ‘Delivering 

Performance Improvements through 

Public Private Partnerships: defining and 

Evaluating a Phenomenon’ presented 

at the International Conference on 

Administrative Development: Towards 

Excellence in Public Sector Performance, 

Riyadh, Kingdom of Saudi Arabia, 1-4 

November. 

Hodge, GA (2009), ‘Nanotechnology, 

still mapping the wild regulatory 

frontiers’, presented at the Seminario 

de actualizacion: New Frontiers of 

Regulation, Mexico, 29 October. 

Hodge, GA (2009), ‘PPPs the 

Phenomenon and the brand’, presented 

at the Plenary session, Infrastructure, 

where are we going and when will it 

happen, Civil Contractors Federation 

2009 National Conference, Perth, 24 

October. 

Hodge, GA (2009), ‘As Easy as ABC: 

Privatisation and the public good’, 

presented at the Victorian Council of 

Social Service (VCOSS) Congress 2009: 

Protecting Social Equity When the Going 

Gets Tough, Melbourne, 6 August. 

Hodge, GA (2009), Invited Chair and 

referee for Governing good and governing 

well, The First Global Dialogue on Ethical 

and Effective Goverrnance, Amsterdam, 

28-30 May. 

Hodge, GA (2009), ‘Reviewing PPP 

Performance: Some Thoughts on 

Evaluation’, invited presentation at the 

13th Annual IRSPM Conference in 

Copenhagen, 6-8 April. 

Public Addresses 

Bowman, DM (2009), ‘General Lessons 

from the Case Studies: Regulatory 

Issues’, rapporteur for the European 

Commission’s 3rd Nano Safety for 

Success Dialogue: Building Trust in 

Nanotechnology, Brussels, 4 November. 

Hodge, GA (2009), ‘Nanotechnology, 

still mapping the wild regulatory 

frontiers’, presented at the Seminario 

de actualizacion: New Frontiers of 

Regulation, Mexico, 29 October. 


Nanotechnologies: A Bird’s Eye 

View’, invited presentation at the 

Nanotechnology: The Next Asbestos?, 

Safe Work Tasmania Week, 29 October. 

Hodge, GA (2009), ‘Public Private 

Partnerships: International perspectives 

and challenges’, presented at the 

Seminario de actualizacion: New Frontiers 

of Regulation, Mexico, 27 October. 

Ejersbo, N (2009) ‘Going to the market: 

experiences from local government in 

Australia and Denmark’, presented to 

SEIRnet (Social Economic Interface 

Research Network), Department of 

Management, Faculty of Business and 

Economics, Monash University, 16 June. 

Hodge, GA (2009), ‘Regulatory Issues 

and Best Practice’, presented to the 

Board of Dairysafe Victoria, Melbourne, 

Thursday 19 March. 


Nanotechnologies’, invited presentation 

at the Nanotechnology: The Next 

Asbestos?, ACTU Half Day Seminar, 4 

February. 

Submissions to Parliamentary 

Committees/public inquiries 

Hodge, GA (2009), Meeting with OECD 

Regulatory Reform Review Panel for 

Australia, 4th February, Caulfield. 

Cousins, D (2009) Submission to the 

Australian Treasury, Response To Issues 

Paper Consumer Voices: Sustaining 

advocacy and Research in Australia’s 

New Consumer Policy Framework, 13 

July 2009. 

Hodge, GA (2009), National Enabling 

Technologies Strategy and Discussion 

Paper for the Department of Innovation, 

Industry, Science and Research, 

Canberra, 17 August. 

Hodge, GA (2009), participation in 

Ministerial Roundtable meeting on 

Nanotechnology with Senator the Hon 

Kim Carr, Minister for Innovation, Industry, 

Science and Research, Canberra, 7 

September. 

Hodge, GA (2009), participation in 

Ministerial Roundtable meeting on 

Nanotechnology with Senator the Hon 

Kim Carr, Minister for Innovation, Industry, 

Science and Research, Canberra, 7 

September. 

Cousins, D (2009), Submission to the 

Standing Committee of Officials of 

Consumer Affairs, Australian Consumer 

Law Draft RIS Consultation, 26 November 

2009. 

Hodge, G (2009), Review of Witness 

Statement and Transcript of Evidence 

for the 2009 Victorian Bushfires Royal 

Commission, 15 December. 

Evidence before Parliamentary/ 

High Level Committees 

Meeting with OECD Regulatory Reform 

Review Panel for Australia, 4 February, 

Hodge. 



5.2.4 Monash courses and 

units offered 

Postgraduate Courses 

Graduate Diploma in Regulatory Studies 

Master of Regulatory Studies 

Postgraduate Units 

Regulatory fundamentals: concepts, 

constructs and context (LAW7313)12, 13, 

16, 17, 18 March, (Hodge and Deighton- 

Smith). 

Evaluating what works in regulation 

(LAW7417) 2 & 3 April and 11 & 12 May, 

(Hodge). 

The law of climate change (LAW7434) 

28 & 29 May and 4 & 5 June, (Cantley- 

Smith). 

Communications law and regulation 

(LAW7322) 18, 19, 22, 23, 24 June, 

(Lindsay) 

Regulatory methods (LAW7315) 15, 16, 

17, 20, 21 July, (Freiberg) 

Energy law, regulation and policy 

(LAW7324) 20, 21, 24, 25 August, 

(Cantley-Smith). 

Consumer protection: regulation and 

compliance (LAW7258) 24 Sept; 8, 15, 

22, 29 October; 5, 12, 19 November, 

(Naylor) 

Economics of regulation (LAW7444) 19, 

20, 26, 27, 28 October, (Cousins) 

Executive Short Courses 

Regulatory Revolution, 30 -31 March 


5.2.5 Publications 

Books 

Hull, M and DM Bowman (eds) (2009), 

Nanotechnology Risk Management: 

Perspectives and Progress, London: 

Elsevier. 

Hull, M and DM Bowman (eds) (2009), 

Risk Governance of Nanotechnology, 

London: William Andrew. 

Book Chapters 

Gergely, A, DM Bowman and Q Chaudhry 

(2009), ‘Small Ingredients in a Big 

Picture: Regulatory Perspectives on 

Nanotechnologies in Foods and Food 

Contact Materials’, in Qasim Chaudhry, 

Lawrence Castle and Richard Watkins 

(eds), Nanotechnologies in Food, London: 

The Royal Society of Chemistry. 

Hodge, GA and DM Bowman (2009), 

‘Nanotechnology: Still Mapping the 

Wild Regulatory Frontiers’, in Jorge 

Culebro (ed), New Forms of Regulatory 

Challenges. 

Hull, M, DM Bowman and S Friedrichs 

(2009), ‘Nanotechnology Environmental 

Health and Safety - Preface’, in Matthew 

Hull and Diana M Bowman (eds), 

Nanotechnology Risk Management: 

Perspectives and Progress, London: 

Elsevier, pp.ix-xiii. 

Bowman, DM (2009), ‘Global 

Perspectives on the Oversight of 

Nanotechnologies’, in Matthew Hull and 

Diana M Bowman (eds), Nanotechnology 

Risk Management: Perspectives and 

Progress, London: Elsevier, pp.73-95. 

Hodge, A.A. and Bowman, D.M. (2009), 

‘Nanotecnologia: la cartografia de las 

salvajes fronteras de reglamentacion’, 

Nuevas Fronteras de La Regulacion, 

Tranformacion y diseno institucional, pp 219- 

251, edited by Jorge E. Celebro Moreno, 

Universidad Autonoma Metropolitana Unidad 

Cuajimalpa, JP, Mexico.

Refereed journal articles 

Hodge, GA and C Greve (2009), ‘Public- 

Private Partnerships: Governance 

Scheme or Language Game?’ Australian 

Journal of Public Administration. 

Hodge, GA and C Greve (2009) ‘PPPs: 

The Passage of Time Permits a Sober 

Reflection’, Economic Affairs, 29 (1), 

33-39. 

van Calster, G and DM Bowman (2009), 

‘Regulatory design for new technologies: 

Spaghetti junction or Bauhaus?’, notizie 

di Politeia. 

Bowman, DM (2009), ‘Sunscreen Safety: 

In That Case – Response’, Journal of 

Bioethical Inquiry, 6(1), 141-143. 

Ludlow, K, DM Bowman and D Kirk 

(2009), ‘Hitting the mark or falling short 

with nanotechnology regulation?’, Trends 

in Biotechnology, 27(11), 615-620. 

Bowman, DM and G van Calster (2009), 


Spaghetti junction or Bauhaus?’, notizie di 

Politeia, XXV(94), 75-93. 

Bowman, DM and GA Hodge (2009), 

‘Counting on Codes: An Examination 

of Transnational Codes as a 

Regulatory Governance Mechanism 

for Nanotechnologies’, Regulation & 

Governance, 2(3), 145-164. 

Bowman, DM and KA Ludlow (2009), 

‘Filling the Information Void: Using Public 

Registries as a Tool in Nanotechnologies 

Regulation’, Journal of Bioethical Inquiry, 

6(1), 25-36. 

Cousins D (2009) “The re-emergence of 

Prices Surveillance, The University of New 

South Wales Law Journal Vol.15 No. 1 

(with Allan Fels). 

Hodge, GA (2009), ‘The PPP 

Phenomenon: Performance and 

Governance Insights, Australian and New 

Zealand School of Government School of 

Government’ monograph, 93 – 111. 

Kells, S. and Hodge, GA (2009) 

‘Performance Auditing in the Public 

Sector: Reconceptualising the Task’, 

the Journal of Contemporary Issues in 

Business and Government, Vol 15, Issue 

2. 

Media 

‘Banks in the gun over unfair fees’, The 

Herald Sun, 18 February, Centre. 

Hodge GA (2009) ‘The small things in life’, 

interview for Future tense, on ABC Radio 

National, 5 March. 

Hodge, GA (2009) ‘Taxpayers deserve 

a better funding system’, Opinion piece, 

The Age, 31 March. 

Cousins, D (2009) ‘Consumers miss boat 

in books inquiry’, Australian Financial 

Review, 5th June, pg. 55. 

Hodge, G (2009) ‘Detention Dividends’, 

interviewed on Government Accountability 

in outsourcing Australian Detention 

Centres, 9 July. 

Cousins, D (2009) ‘Petrol pricing move 

likely to backfire on the major retailers, 

Crikey.com 14 July 2009, re-printed in 

Australian Petroleum Marketer News. 

Hodge, G.A (2009), ABC Radio Darwin, 

interview on public-private partnerships in 

health, 22 October. 

Hodge, G (2009) ‘Public Private 

Partnerships more private than previously 

thought’, interview for ABC PM Radio 

with Mark Colvin, 8 December. 

Hodge, G (2009) ‘Huge Regulatory failure 

over Black Saturday Fires’, ABC News, 

15 December. 

Hodge, G (2009) ‘Concern bushfire 

messages not getting through’, ABC 

News, 15 December. 

Hodge, G (2009) ‘Stronger power line 

fire-safety strategies urged’, The Age, 16 

December. 

Hodge, G (2009) ‘Burying power lines 

underground to be focus of national 

workshop hosted by Brumby Government 

in April’, The Herald Sun, 16 December. 

Cousins, D (2009) ‘Balance legal services 

reform’, Australian Financial Review, 18 

December, pg. 48. 

5.2.6 Grants and 

fundraising 

Grants 

Hodge, GA, DM Bowman, and K Ludlow 

(2009), ‘Nanotechnology applications in 

food and agriculture sectors: Principles 

and guidance for food safety regulation’ 

funding obtained from the United Nations 

Food and Agricultural Organisation. 

Malbon, J et al. (2009), ‘Attaining 

optimal carbon abatement rules through 

consumer advocacy: Learning from 

European Experience on the Regulation 

of Energy,’ funding obtained from the 

Consumer Advocacy Panel. 

Bowman, DM and MP Fitzharris (2009), 

‘Reducing the Road Toll in Southern 

Africa Through Knowledge Transfer and 

Regulatory Intervention’, funding obtained 

from Monash International under the 2009 

International Strategic Initiatives Fund. 

Lenne, M et al. (2009), ‘Graduated 

licensing for motorcycles’, MUARC 

funding obtained from VicRoads. 

Cousins, D (2009) ‘Capacity Development 

of the Office of Consumer Protection in 

South Africa’ ‘Effective implementation 

of Consumer Laws’, funding obtained 

from Australian Agency for International 

Development (AusAID). 

Seear, K, A Petersen, and DM Bowman 

(2009), The Social and Economic Impacts 

of Nanotechnologies: A Literature 

Review, Arts faculty funding obtained 

from the Commonwealth Department 

of Innovation, Industry, Science and 

Research. 


5.3 International 

Institute of Forensic 

Studies 

The International Institute of Forensic 

Studies (IIFS) was established in July 

2001 to promote education and research 

relating to the functioning and processes 

of courts and tribunals. The word 

“forensic” is used in its broad sense 

of ‘relating to the courts’ and ‘forensic 

studies’ is intended to encompass 

the many areas of work which may be 

described as forensic in nature. This 

extends beyond legal practitioners and 

includes all those involved in the forensic 

process such as professionals who 

provide expert evidence, police and other 

investigative agencies. 

By promoting education and research in 

the forensic area the institute aims to help 

improve the functioning of courts and 

tribunals and all those involved with them. 

The international focus of the institute 

reflects a belief that there is much to be 

learned by exchange of ideas between 

different jurisdictions facing challenges in 

the forensic field. 


5.3.1 Courses offered 

The courses and workshops following 

are offered by IIFS and also include those 

activities supported by IIFS for the Faculty 

and/or the Australian Advocacy Institute 

(AAI). 

Postgraduate courses 

• Graduate Certificate in Forensic 

Studies (Accounting) 

This course was developed in 

conjunction with the Institute of Chartered 

Accountants in Australia (ICAA) and the 

Australian Advocacy Institute (AAI). The 

course is offered over a 10 month period 

mainly online and partly face to face in 

Melbourne and consists of four units: The 

Expert Witness in the Adversary System; 

Pre-Trial Preparation and Analysis; 

Assessment of Damages and the Expert 

Witness in the Courtroom (assisted by the 

Australian Advocacy Institute). 

• Advocacy, Theory and Practice (LLM) 

Undergraduate unit 

• Trial practice and advocacy 

Short courses, seminars and 

training programs 

• Continuing Medico Legal Conferences, 

Cortina Italy 

• County Court Professional 

Development Seminar 

• Psychologists’ Conference 

• Regulation Conference 

• VISMoot Training 

• Court Network Workshops 

• QLS Symposium 

• Baker IDI Misconduct Inquiry Panel 

• Melbourne University Advocacy 

Courses 

• Victorian Bar Readers’ Courses 

• Sydney Regulation & Enforcement 

Conference 

• Victoria Police Prosecutors’ 

Workshops 

• University of Western Australia 

Advocacy Course 

• UniQuest (Queensland) Experts 

Workshop 

• Advocacy & Investigation Workshop 

for Securities and Futures 

Commission, Hong Kong 

• OPP Workshops 

• Forensic Accounting Conference 

• Psychiatrists & Psychologists 

Workshop

6. Curriculum 

6.1 Undergraduate 

Courses 

Monash Law School enrolled 2866 

undergraduate students in 2009. 

Double degrees were a popular option 

for school leavers as well as internal and 

external transfers. Below are the courses 

which were available to students in 2009, 

including the Bachelor of Laws and 

various double degrees. 

Bachelor of Laws 

Bachelor of Aerospace Engineering/ 


Bachelor of Arts/Bachelor of Laws 

Bachelor of Biomedical Science/ 


Bachelor of Business (Banking and 

Finance)/Bachelor of Laws 

Bachelor of Commerce/Bachelor of Laws 

Bachelor of Engineering/Bachelor of Laws 

Bachelor of Music/Bachelor of Laws 

Bachelor of Performing Arts/ 


Bachelor of Science/Bachelor of Laws 

Bachelor of Medicine/Bachelor of 

Surgery/Bachelor of Laws 

6.2 Clinical Legal 

Education 

The Monash Law Faculty Clinical Program 

was the first clinical legal education 

program offered in Australia. Over its 

40-year history, the program has enriched 

the education of thousands of Monash 

law students (including distinguished 

alumni) and helped provide much needed 

legal support to tens of thousands of 

clients in the community. 

The clinical legal education program 

consists of four separate clinical units 

offered at several community locations 

outside of Monash. The program offers 

students the opportunity to engage in 

supervised legal practice in a community 

legal service with clients whose needs 

cannot be dealt with by legal aid or the 

private profession. 

The program engages students by its 

innovative approaches to learning and 

enhances their university experience. It also 

develops core vocational skills, including: 

• Client interviewing and legal diagnosis 

skills; 

• Oral and written legal negotiation skills; 

• Accountability and time-management 

skills; and 

• Mediation and court advocacy skills. 

Clinical Legal education in the Law 

Faculty has evolved from a program 

involving a small number of student 

volunteers providing only telephone 

advice in the 1970s into a renowned 

clinical program involving over a dozen 

staff and approximately 175 law students 

annually. 

The four clinical units may be taken as 

stand alone electives or in sequence: 

(1) Professional Practice – LAW5216. 

This unit is undertaken by around 40 

students per semester. Students must be 

available for 4 months for several days per 

week (notwithstanding normal University 

vacation periods) to look after low-income 

clients’ legal problems. 

(2) Family Law Assistance Program – 

LAW5217. This unit requires students to 

conduct litigious family law dispute files. 

Students also provide a “duty lawyer 

service” one day a week at the Federal 

Magistrates’ Court at Dandenong, 

attending to immediate case matters and 

facilitating the making of court orders. 

(3) Law Reform and Community 

Development – LAW5218. This unit 

provides students with the opportunity to 

experience and to understand the impact 

of the law on disadvantaged members 

of the community. Students strengthen 

particular communities by working with 

marginalised groups through law reform, 

advocacy and community legal education. 

(4) Advanced Professional Practice – 

LAW5149. This unit is open to students 

who have completed LAW5216 to an 

acceptable level and wish to specialise in 

a particular area of socio-legal service. It 

contains the following clinics embedded 

in “partner” organisations: 

• Joint Sexual Assault Clinic (with the 

South-East Centre Against Sexual 

Assault), offering legal services to 

victims of sexual assault. 


• Human Rights Clinic (with the Castan 

Centre for Human Rights at Holding 

Redlich, Solicitors), involving human 

rights litigation. 

• Criminal Defence Clinic (with Rob Stary 

and Associates, Solicitors), involving 

defendants in serious criminal cases. 

• Commercial Law Clinic (with Moores 

Legal, Solicitors), involving commercial 

legal work for “not-for-profit”, welfare 

and charitable organisations. 

The program offers students exposure to 

a divergent mix of legal, cultural, linguistic 

and socio-economic factors and delivers 

a holistic educational experience which 

requires them to draw upon their legal 

ethics and compassion as much as their 

legal knowledge. This enriches their own 

personal perspectives and stands them in 

good stead for future employment. It also 

makes them ‘more rounded’ individuals. 

Many former students continue to commit 

to volunteering at the clinics or to providing 

pro bono assistance elsewhere long after 

they have completed their degree. 

6.3 Postgraduate 

Courses 

Masters Degrees 

Master of Laws (Advanced Legal Practice) 

Master of Laws (Commercial Law) 

Master of Laws (Human Rights) 

Master of Laws (Intellectual Property) 

Master of Laws 

(International and Comparative Law) 


Master of Laws 

(Workplace and Employment Law) 

Master of Commercial Law 

Master of Human Rights 

Master of Intellectual Property 

Master of International and Comparative 



Master of Workplace and Employment 


Graduate Diplomas 

Graduate Diploma in Law 


(Commercial Law) 

Graduate Diploma in Law (Human Rights) 



(Intellectual Property) 



Graduate Diploma in Local Government 







(Commercial Law) 

Graduate Diploma in Law (Human Rights) 


(Intellectual Property) 



Graduate Diploma in Local Government Law 




Graduate Certificates 

Graduate Certificate in Forensic Studies 

(Accounting) 

Research Degrees 

Master of Laws (Research) (LLM 

(Research)) 

Doctor of Philosophy (PhD) 

Doctor of Juridicial Science (SJD) 

Master of Philosophy (MPhil) 

Doctor of Laws (LLD)

7. Equity and Diversity 

7.1 Membership 2009 

The Equity and Diversity Committee in the 

Faculty of Law is Chaired by the Director 

Equity. It reports to Faculty Board three 

times a year, and meets at least four times 

a year. The Director, Equity is a member 

of the Faculty Executive Committee. 

The Equity and Diversity Committee met 

on four occasions in 2009. The Chair 

represents the Faculty on the University 

Workplace Equity Committee. She 

attended this Committee’s meetings and 

reported back to the Faculty Committee. 

• Bronwyn Naylor, 

Director, Equity (Chair) 

• Gerard Shanahan, 

Faculty Manager (ex officio) 

• Kelly Tsagournos, 

Manager, Student and Academic 

Services(ex officio) 

• Dale Smith, 

Student Equity Officer (ex officio) 

• Stephen Gray, 

Indigenous Liaison Officer/Students’ 

Mentor (ex officio) 

• Liz Anderson, 

Manager, Human Resources (ex officio) 

• Heather Beeching, 

Disability Contact Officer (Staff) 

• Dianne Wiltshire, 

Disability Contact Officer (Students) 

(ex officio) 

• Emilia Michael/Sarah Holloway 

Undergraduate Student Representative 

7.2 Faculty Priorities 

The Faculty’s priorities for 2009, and 

progress on these priorities, were as 

follows: 

Access for Indigenous Students 

Financial support: Eight scholarships 

were provided for students of Indigenous 

Australian descent or from a regional and 

remote area. 

Promotion of University study at Monash 

to secondary students and communities: 

Members of the Faculty Equity and 

Diversity Committee initiated a working 

group with membership from Law, Arts 

and Art and Design Faculty Equity and 

Diversity Committees and members of 

CAIS (the Centre for Australian Indigenous 

Studies) to develop public events to 

advance Indigenous student participation 

in tertiary study. Two events were staged 

in 2009: 

‘Indigenous Arts and the Law’ 

Hypothetical raising legal and creative 

issues in Indigenous contexts: presented 

through the Office of the DVCR as part of 

Educate 09 in September 2009; 

‘Yarning Up’ schools information 

session aimed specifically at Indigenous 

secondary students and their teachers 

to inform about tertiary study options 

and pathways to university (held on 12 

November). 

Access and Support for Rural 

Students 

The Faculty’s Lawrie McCredie Student 

Support Program includes a successful 

Peer Mentor Program for first year 

students (with 2nd year student mentors), 

and has extended support for language 

and learning skills and incorporated mental 

health and resilience training into the first 

year law program. Additional funding was 

obtained in 2009 for programs supporting 

the transition of all first year students under 

the Faculty’s Peer Mentoring program, 

specifically drawing rural, non-Melbourne 

and international students into ‘mentor’ 

groups. 

Equity and Diversity Online 

Training 

The University has developed an effective 

set of online training modules covering 

issues such as anti-discrimination and 

equal opportunity laws, disability access, 

sexual harassment, and student equity 

in curriculum development and teaching. 

Staff are expected to complete the 

training, and to update their training 

accreditation every three years. 

Over a three year period, the Faculty of 

Law achieved 111 completions. With 

a total of approximately 135 staff (not 

including sessional staff). In 2010 the 

faculty plans to ensure that all committee 

members, senior academic staff and 

academic supervisors are accredited. 


7.3 Activities in 2009 

Access for under-represented 

student cohorts 

The Review of Australian Higher 

Education (Dec 2008) (the Bradley 

Review) recommended a range of reforms 

including the target for 2020 of 20% 

of undergraduate enrolments in higher 

education being from students from 

low socio-economic backgrounds. The 

target was adopted as part of the higher 

education reforms in the federal budget 

in May 2009, with funding to be linked to 

achievement of equity targets. 

Strategies for improving access for 

students from low socio-economic and 

other disadvantaged backgrounds, and 

for supporting students once at University, 

were therefore given attention in the 

Faculty through 2009. 

In addition to the strategies identified 

above, Faculty Executive agreed to 

carry out research on student pathways 

into and through the law degree, with a 

view to developing initiatives to support 

the University response to the Bradley 

Review. 

The Law Mobility fund was restructured 

to provide Law Mobility Equity Bursaries. 

This extended eligibility to students 

participating in a student mobility 

program in the faculty including the Prato 

and Malaysia programs and student 

internships where students are from one 

or more of Monash University’s defined 

equity or personal disadvantage groups. 


Equal Opportunity for women 

in the workplace 

The Faculty promoted University 

information sessions specifically for 

female academics seeking promotion, 

and for early career researchers, together 

with the Senior Leadership Course, and 

the Women’s Leadership Shadowing 

Program. 

A presentation by and for faculty 

professional staff took place mid 2009, 

providing information about equal 

opportunity and well-being services. Two 

professional staff were accepted into 

the University Mentoring Program for 

Women; there was considerable demand 

for places and two other applicants were 

unable to take part on this occasion. 

Deborah Cheetham, a high-profile 

Indigenous Opera Singer, gave a 

presentation organized by the Faculty 

and held at the Religious Centre for 

the University community. This was an 

inspirational presentation addressing 

the challenges and experiences of an 

Indigenous woman making her career and 

reputation in a demanding and exclusive 

profession. 

Disability and the provision of 

supports for staff and students 

The Faculty has a Disability Contact 

Officer (Staff), as well as a Disability 

Contact Officer (Students). The Faculty 

provides an Adaptive Technology Room 

for students with disabilities, offering such 

supports as Voice recognition software. 

The Student Disability Contact Officer 

also facilitates student contact with the 

University Disability Liaison Unit. 

Other forms of awareness raising 

• The Faculty’s online Gazette carries 

regular notices, for example: 

• Reminding staff of the importance of 

checking dates of religious holidays 

when setting assessment dates 

• Promoting cultural and religious 

awareness for staff, eg through 

celebrations at staff morning teas 

• Invitations to International Womens 

Day Lunch and similar events 

• Promoting Mental Health First Aid 

Training 

• Promoting staff completion of the 

equity online training program 

• Promoting inclusive teaching practices 

to staff, eg provision of alternative 

format materials, and scheduling of 

breaks during longer lectures 

• Promoting the resources of DLU 

and of the Faculty and University’s 

Counselling services for students.

8. International 

During 2009 the Faculty built on its 

range of international activities in line 

with our strategic objective to ‘engender 

international perspectives in staff and 

students and to develop student skills 

and capacities for learning and working 

in the global sphere.’ Our goals were 

largely unchanged from 2008, being to 

attract more high quality international 

students at both undergraduate and 

postgraduate level, increasing the number 

of international study opportunities for our 

students and engaging with prestigious 

international institutions. 

8.1 Recruitment of 

International Students 

We continued our strategy, commenced 

in 2008, of targeting Malaysia, Singapore 

and Hong Kong as key undergraduate 

markets, and Canada, Thailand and 

Indonesia at the postgraduate level. 

Over the course of 2009, the Faculty 

maintained a strong presence in these 

markets, with staff attending: 

• recruitment events in Malaysia, 

Singapore and Thailand; 

• school visits in Thailand and 

Singapore; 

• agents’ offices in Hong Kong, 

Malaysia, Singapore and Thailand, 

conducting detailed product briefings 

and interview sessions with students; 

and 

• recruitment events in British Columbia, 

Alberta and Ontario and meetings with 

our Canadian agents. 

The Faculty also participated in 

International Agent Week in which the 

top 30 agents providing students to 

the university came to Melbourne for 

university and faculty briefings. 

8.2 Engagement with 

Partner Institutions 

City University of Hong Kong 

In June, the Faculty hosted 34 students 

from City University of Hong Kong as part 

of that university’s Global Legal Education 

and Awareness Programme (G-LEAP). 

The students spent four weeks at the 

Law Chambers, studying an intensive 

unit, LAW4641 – Intellectual Property- 

Theory, Copyright and Design. The unit 

was coordinated by Associate Professor 

Moira Paterson, assisted by Dr Stephen 

Gray, Dennis Lim, Dr Rebecca Giblin and 

Anne Chin. Administrative assistance 

was provided by Ms Cathy Meredith. 

The students visited the Clayton campus 

on their first day for a welcome lunch 

and organised tours of the campus, the 

Law Faculty and the Law library. During 

their four week stay they participated in 

arranged visits to Parliament House and 

the Supreme, County and Magistrates 

Courts. 

8.3 Overseas Programs 

Prato 

The Prato program was selected to receive 

a prestigious 2009 Australian Learning and 

Teaching Council award for Programs that 

Enhance Learning. The prize was awarded 

by the (then) Deputy Prime Minister, the 

Honourable Julia Gillard, at Parliament 

House, Canberra. It was received by the 

Prato Convenor, Dr Heli Askola, and the 

Director International, Associate Professor 

Jonathan Clough, with the Dean also 

in attendance. Special thanks to Ms Jo 

Becker, Manager, Educational Services, 

for her hard work in preparing the faculty’s 

nomination, entitled “Internationalising 

Law in Action”. Thanks also to the Director 

Teaching, Professor Steve Barkoczy and 

the Dean for their valuable input. 

The 2009 Prato program was successfully 

completed with approximately 107 

Monash undergraduate students enrolled, 

up from 93 in 2008. They studied with 

students from our partner universities 

including Osgoode Hall, York University 

(22), University of Paris XI (15), Bar Ilan 

University (15), University of Florence (11), 

Arizona State University (2) and Georgian 

American University (2). Students were 

able to choose from 16 international and 

comparative law units, with professors 

from each of the partner institutions, as 

well as distinguished guest lecturers, 

teaching into the program. 


Skrine, Malaysia 

Bronwyn Fraser, Arts/Law, 5th year 

Skrine accepts Monash Law School students each year to undertake internships, 

this provides an extremely valuable learning experience for selected students, and 

gives them an international perspective as part of their studies. 

Skrine is one of the largest commercial law firms in Kuala Lumpur, Malaysia with 

over 50 partners and a large support base. Their clients include Malaysian and 

international companies, governmental agencies and regulatory authorities. 

Bronwyn Fraser rotated through the three main practice groups – one week in 

Intellectual Property, one week in Dispute Resolution, and two weeks in Corporate. 

“Islamic law plays a large part in Malaysian business due to Malaysia’s large 

Muslim population, and being able to spend a day doing some work in the newly 

created Islamic Banking group gave me a challenging perspective on different 

approaches to law. What impressed me most about my time at Skrine was the 

effort and lengths the lawyers went to teach me about the Malaysian legal system 

and how a legal practice functions”. 

Malaysia 

The Malaysia study abroad program 

was also completed in June/July, with 

34 students enrolled in the single LLB 

elective LAW 4126E, Malaysian and 

Singaporean Legal Systems. This unit was 

taught at the Monash Sunway Campus by 

Monash staff members Professor HP Lee 

and Associate Professor Judd Epstein 

along with teaching staff from the National 

University of Singapore. The program was 

enhanced by professional visits and guest 

lectures presented by senior members of 

the Malaysian legal profession and trade 

representatives from the Australian High 

Commission. 

A major priority for 2009 was the 

establishment of a Prato-style program at 

the Monash Malaysia Sunway Campus 

to commence in 2010. The aim is for the 

program to draw upon partner institutions 

from the region, as well as North America 


and Europe. Units will be primarily 

international and comparative in focus, 

with an emphasis on the Asia-Pacific 

region. The 2010 program will consist 

of three units to be offered by Monash 

Law staff, another unit offered jointly by 

Monash Law (Professor HP Lee) and 

academics from the National University 

of Singapore, and the participation of 

the University of Windsor, Canada, 

City University of Hong Kong and the 

University of Malaya. 

8.4 Internships 

The faculty offered 13 faculty managed 

international internships to students, 

to organisations including Skrine and 

Zaid Ibrahim, Malaysia, Herzog, Fox & 

Neeman, Israel and Reprieve, USA. Seven 

students participated in Castan Centre 

Internships to Human Rights First, New 

York, Australian Delegation to the Human 

Rights Council, Geneva, International 

Women’s Rights Action Watch – Asia 

Pacific, Kuala Lumpur, Global Compact, 

New York, Oxfam, South Africa and the 

International Commission of Jurists, 

Geneva. 

The Faculty also supported student 

organised internships to Thomas Philip 

(Advocates & Solicitors) Commercial 

litigation, Malaysia, the International 

Criminal Tribunal for Rwanda, Tanzania 

and the United Nations Youth Association 

of Australia, New York. Student mobility 

was assisted by the granting of 19 law 

equity bursaries. 

New Castan Centre human rights 

internships were established with the 

Centre for Constitutional Rights in New 

York and with the Amazon Defence 

Coalition in Quito Ecuador. Internships 

were renewed with Herzog, Fox & 

Neeman in Israel and Friends of the Earth 

Middle East.

9. Law School Activities 

O’Week Cocktail Party with Dean of the Law School Professor Arie Freiberg AM 

9.1 Events 

To celebrate the start of the academic year 

and welcome new students to the faculty 

a cocktail function was held in the Law 

Library on Thursday 26 February where 

over 300 first year students and their 

families joined Monash Law School staff. 

The evening was hosted by the Dean, 

Professor Arie Freiberg AM and included 

speakers from the Law Students’ Society 

and the International Law Association. 

The evening provided the opportunity 

for new students and family members to 

meet staff out side of the lecture theatre. 

Monash Law School Prize 

Ceremony (Prizes for 2008 

academic year) 

The 2009 Monash Law School Prize 

Ceremony which acknowledges the 

achievements, hard work and dedication 

2008 Supreme Court Prize Winner, Natalia Blecher 

of the Faculty’s students in 2008 was held 

at the ANZ Pavilion at the Victorian Arts 

Centre with over 350 guests attending. 

Monash Law alumnus The Honourable 

Justice Lex Lasry of the Supreme Court 

of Victoria addressed the audience about 

his experiences and his journey from 

undergraduate student to the Victorian 

Bar and appointment as Queens’ 

Counsel, through his work in the area 

of Human Rights cases and his current 

appointment as a Supreme Court Justice. 

The Honourable Justice Mark Weinberg, 

himself a former Supreme Court Prize 

Winner, presented Natalia Blecher with 

the prestigious Supreme Court Prize. 

Natalia also received the Supreme Court 

Exhibition Prize for Best Honours Thesis. 

Other guests included His Honour Chief 

Judge Michael Rozenes and Chief Crown 

Prosecutor Gavin Silbert SC. 

The faculty had an increase in sponsorship 

2009 and welcomed two new sponsors, 

the Department of Justice and Maurice 

Blackburn Lawyers, and would like to 

thank all of our sponsors for their support 

of this year’s Prize Ceremony. 

The 2008 Supreme Court Prize winner 

was Natalia Blecher. 

2009 Great Law Week Debate 

“They’re not morons: 

governments should butt 

out of young peoples’ lives” 

As part of the annual Law Week 

celebrations on Wednesday 13th May 

2009 two teams of respected Monash 

Law Graduates debated the controversial 

topic “They’re not morons: governments 

should butt out of young peoples lives.” 

The event was held at Melbourne 

Exhibition and Convention Centre in the 

Auditorium. The debate was moderated 

by Cameron Grant, a current Monash 

Law student who did a brilliant job 

keeping the audience and debaters on 

track throughout the event. 

The affirmative team were the winners 

as voted by the clapometer and panel 

of judges from the legal community. The 

Great Debate Shivani Pillai, David Galbally QC, Sally Cockburn, Cameron Grant, Meg O’Sullivan, 

Beth Wilson & Damien Carrick 


9. Law School activities 

team was lead by Meg O’Sullivan who 

is a Barrister and former world debating 

champion. Her team members included 

Damien Carrick presenter of the Law 

Report on the ABC Radio National and 

Beth Wilson Victoria’s Health Services 

Commissioner. 

The negative team comprised of 

team captain Barrister Shivani Pillai, 

David Galbally one of Melbourne most 

respected QC’s and Sally Cockburn, (aka 

Dr Feelgood) who presents on 3AW and 

Channel 7’s Morning Show. 

The President of the Monash Association 

of Debaters, Damien Bruckard, delivered 

the unanimous decision that the 

affirmative team won. 


9.2 Public Lectures 

17th Lucinda Lecture ‘Section 

92: markets, protectionism and 

proportionality – Australian and 

European perspectives’ 

Convened by Professor H P Lee, the 17th 

Lucinda Lecture was held at Monash 

University Law Chambers on Thursday 

19 November. The Lucinda Lecture was 

presented by The Honourable Justice 

Susan Keifel of the High Court of Australia 

on the topic ‘Section 92: markets, 

protectionism and proportionality – 

Australian and European perspectives’. 

The topic was introduced by The 

Honourable Chief Justice Marilyn Warren 

who welcomed attendees and the patron 

of the Lucinda Lecture, The Honourable 

Sir Zelman Cowen AK, GCMG, GCVO, 

KStJ, QC. The lecture was attended by 

100 guests. 

Costello Lecture “It’s my body isn’t 

it” Children, medical treatment and 

human rights 

The 2009 Costello Lecture, which is 

devoted to issues of ethics and social 

justice, was held on Thursday 23 July at 

the BMW The Edge theatre in Federation 

Square. Monash alumna, Chief Justice of 

the Family Court of Australia, Diana Bryant 

presented the 2009 lecture on the theme 

“It’s my body isn’t it” Children, medical 

treatment and human rights”. The Lecture 

was introduced by Patron Tim Costello, AO, 

Chief Executive of World Vision Australia, 

and had over 250 people in attendance. 

Dean’s Lecture Series 

A series of 5 lectures where held throughout 

the year on current legal issues from leading 

Monash Law School academics and 

the Monash Law Students’ Society. The 

lectures were held at Monash University 

Law Chambers and presenters where 

Professor Elizabeth Boros, Professor Ian 

Freckelton, Professor Marilyn Pittard, 

Professor Justin Malbon and Ms Catherine 

Lamble, Magistrate. 

L to R: Prof HP Lee, The Hon. Chief Justice Marilyn Warren, The Hon. Justice Susan Keifel, The Hon. Justice Ken Hayne, The Hon. Michael Black, Professor Marilyn 

Pittard, Lady Cowen and The Hon. Sir Zelman Cowen.

Judging in Israel – Balancing 

Contradictions Justice Eliezer Rivlin, 

Vice-President of the Supreme Court 

of Israel 

Held on Monday 2 November Justice 

Eliezer Rivlin Vice-President of the 

Supreme Court of Israel presented a 

lecture on ‘Judging in Israel – Balancing 

Contradictions’ at Monash University Law 

Chambers. The lecture covered Israel 

and the contradicting ideas, differences 

of beliefs, divergence of opinions and 

the complex reality in which the state is 

constantly required to handle complicated 

security challenges. 

The American Drug Court Movement: 

A personal Journey, The Honourable 

Peggy Fulton Hora 

Held on Tuesday 18 August Judge 

Peggy Fulton Hora (retired) presented 

a lecture titled ‘The American Drug 

Court Movement: A personal Journey’. 

Judge Hora spoke on the aspect of 

non-adversarial justice – the solutions – 

focussed Drug Courts which have been 

a feature of American criminal justice 

system for the last 20 years. The lecture 

was at Monash University Law Chambers. 

Water and Peace in the Middle East 

Gideon Bromberg 

This public lecture by Gidon Bromberg, 

the Israeli Director and co-founder of 

EcoPeace/Friends of the Earth Middle 

East (FoEME), was held on Thursday 8 

January at the Monash University Law 

Chambers. 

9.3 Book Launches 

Non-Adversarial Justice By 

Dr Michael King, Professor 

Arie Freiberg AM, Dr Becky Batagol 

and Mr Ross Hyams 

This book was launched by Mr Ian Gray, 

Chief Magistrate, Magistrate’s Court of 

Victoria at the lecture which Judge Peggy 

Fulton Hora presented at on Tuesday 

18 August at Monash University Law 

Chambers. 

Refugees, Asylum Seekers and the 

Rule of Law by Professor Susan 

Kneebone and From Convention to 

Classroom: The Long Road to Human 

Rights Education by Dr Paula Gerber 

Held on Friday 5 June at the Immigration 

Museum in Melbourne, two academics, 

Professor Susan Kneebone and Dr Paula 

Queens Birthday Honours – Arie recieves medal of the 

Order of Australia (AM) 

Professor Arie Freiberg was appointed a Member of the Order of Australia (AM) 

for service to the law, particularly in the fields of criminology and reform relating to 

sentencing, legal education and academic leadership. 

“It’s a great honour to be recognised by one’s community for one’s work, especially 

in an area as sensitive, emotive and controversial as sentencing, where I hope I have 

been able to inject some reason into the debate,” Professor Freiberg said. 

“It is also pleasing to be recognised for my contribution to legal education in law and 

criminology. It has been a pleasure engaging with, and possibly influencing, young 

minds for over three decades at both Monash and the University of Melbourne.” 

Gerber celebrated the launch of their 

books. The Honourable Michael Kirby AM 

CMG conducted the evening which was 

attended by 100 people. 

Constitutional Advancement 

in a Frozen Continent Essays 

in Honour of George Winterton 

Edited by Professor H P Lee 

and Dr Peter Gerangelos 

Professor H P Lee (Monash University) 

and Dr Peter Gerangelos (University of 

Sydney) jointly edited ‘Constitutional 

Advancement in a Frozen Continent’ in 

honour of Professor George Winterton 

who passed away on 6 November 

2008. The launch was presented by The 

Honourable Sir Anthony Mason, AC KBE 

on Wednesday 25 November at Monash 

University Law Chambers with close to 

70 people attending. 

The faculty held a number of book 

launches throughout 2009 by staff from 

the Castan Centre for Human Rights Law 

and the Centre for Regulatory Studies. 

These book launches are listed under the 

respective Centre reports. 

9.4 Media Involvement 

Monash Law School gained substantial 

media coverage during 2009 with over 100 

press, radio and online stories featuring 

Monash Law School staff. Staff were 

involved in a wide range of substantial law 

issues ranging from Euthanasia to Antimoney 

laundering legislation. The faculty 

also had the opportunity to celebrate one 

of its law alumna being appointed the 

2009 Australian of the Year. 

The Age and The Australian covered a 

majority of media stories quoting Monash 

Law School staff, followed by The Herald- 

Sun and ABC Radio. 

Dr Gideon Boas made several 

contributions to the The Age, ABC and 

The Australian regarding the Karadzic 

case and Professor Arie Freiberg AM 

and Professor Bernadette Mc Sherry 

commented on child sex offenders. 

Other staff members who commented on 

various topics throughout 2009 included, 

but was not limited to Professor Graeme 

Hodge, Associate Professor Adrian 

Evans, Dr Bronwyn Naylor, Professor Ann 

Monotti and Professor Susan Kneebone. 


10. Advancement and Alumni Relations 

10.1 Advancement 

Donor Alumni and Community 

Relations 

In June of 2009, Professor Arie Freiberg 

was appointed a Member (AM) of the 

Order of Australia for service to the law, 

particularly in the fields of criminology 

and reform relating to sentencing, to legal 

education and academic leadership. 

Professor Freiberg is Monash University’s 

Dean of the Law Faculty and a member 

of the Victorian Sentencing Advisory 

Council. 

Law Graduate receives 2009 distinguished Young 

Alumni Award – Hugh Evans 

Monash Arts/Law student Christopher was appointed the 2009 Australian Youth 

Representative to the United Nations by the Department of Foreign Affairs and 

Trade and the United Nations Youth Associations (UNYA). Christopher became 

a fully-accredited member of the Australian delegation to the UN and travelled to 

New York in September to deliver an address to the General Assembly focussed 

on youth participation in Australia. 

Before taking the position in New York, Christopher travelled throughout 

Australia, speaking to young people in an effort to ensure their views are 

represented at the UN. Representing his generation was an amazing honour and 

privilege. “Young people play a vital role in their communities today. I am thrilled 

to have this opportunity to elevate the voices of Australia’s youth on the world 

stage”. Christopher said the youth representative position was testament to 

Australia’s commitment to respecting and developing young people’s perspective 

and place in social discussion. 


In 2009 major alumni and donor activities 

that relate to the Monash Law School 

included: 

• The 2009 Distinguished Alumni 

Awards which was presented at the 

BMW Edge at Federation Square. The 

Awards are the flagship component of 

the alumni recognition program which 

also includes promotion of alumni 

achievements in Monash Alumni 

eNews, Monash Magazine and on the 

website, and letters of congratulations 

to law alumni for their successes, such 

as honours on Australia Day or the 

Queen’s Birthday. 2009 Young Alumni 

Award recipient was Mr Hugh Evans 

(BSc 2008, LLB 2008). Mr Evans is a 

social movement’s campaigner and 

the 2004 Young Australian of the Year. 

• The new Vice-Chancellor and 

President, Professor Ed Byrne hosted 

a breakfast for our distinguished 

alumni in Malaysia. 

• A cocktail evening for Monash law 

post-graduate students was hosted 

by the Monash International Law 

Association. The evening supported 

postgraduate students wanting to 

learn more about the legal profession, 

potential career posts and the realities 

of working in the law. 

• Regular face-to-face meetings with 

prospective supporters to the Law 

School, as well as meetings with 

current donors to continue to steward 

them for their generous gifts. 

• The hosting of a small group of 

dedicated volunteers and alumni for the 

Monash Oakleigh Legal service was 

held at a football match in late August 

at the Melbourne Cricket Ground. 

Fundraising in the Faculty has 

continued to grow with alumni seeking 

ways to support students through 

equity bursaries, undergraduate and 

postgraduate scholarships and prizes 

for outstanding academic excellence. 

Under the umbrella of the Lawrie 

McCredie Student Support Program, 

an appreciation and commitment to 

supporting students with work-life 

balance has become a priority. This 

program is integral to the law profession 

and one the Monash Law School takes 

seriously. The first direct mail appeal 

was launched in November with support 

focusing on the Monash Law School 

Foundation for student support initiatives. 

The Faculty appreciates the support of 

Clayton Utz for their founding support for 

the Centre for Regulatory Studies, the Pratt 

Foundation for their continued support of 

the Monash Oakleigh Legal Service, all 

alumni who supported the annual appeal, 

supporters of the Castan Centre for 

Human Rights Law, with a special thanks 

to Daniel and Danielle Besen for their 

ongoing support of the Global Internship 

Program, and to all donors who support 

the work of the Monash Law School 

Foundation. A special thanks goes to the 

Chairman of the Monash Law School 

Foundation, and Deputy Chancellor of 

Monash University, Mr Ian Pyman, for 

his leadership and ongoing support of all 

alumni, students, donors and staff at the 

Monash Law School.

10.2 Monash Law School 

Foundation Board 

The effort and commitment of the Board 

Members and the Chair, Mr Ian Pyman, 

is much appreciated by the faculty. The 

2009 Foundation Board were: 

Mr Ian Pyman (Chair) 

Director, Merchant Capital Limited and 

member of the Monash University Council 

Professor Arie Freiberg AM 

Dean, Faculty of Law 

Ms Evelyn Danos 

Executive Director 

James Richardson Corporation Pty Ltd 

Mr Jack Fagjenbaum QC 

Owen Dixon Chambers 

Mr Ron Fairchild 

Vice President (Advancement) 

Monash University 

Ms Jane Hodder 

Partner, Freehills 

Professor Ann Monotti 

Associate Dean, Postgraduate studies 

Faculty of Law 

Ms Rhonda Ohis 

(Secretary) 

Executive Officer, Monash University 

Development 

Mr Geoffrey Murray 

Treasury Manager, Monash University 

His Hon Justice Michael Rozenes 

Chief Judge, County Court of Victoria 

Mr Will Fowles 

Investment Analyst, Piper Capital 

The Faculty completed many additional 

projects and offered additional services 

to law students in 2009 as a result of the 

funds made available by the Foundation 

Board . These included: 

• Monash Law School Foundation 

professorships 

• Higher degree by research 

scholarships 

• Rural bursaries 

• Support for the Monash-Oakleigh 

Legal Clinic 

• Support for the Vis Arbitration Moot 

program 

• Support for the Lawrie McCredie 

Student Support Program by: 

• Providing leadership skills training and 

opportunities to enhance graduate 

employability. 

• Promoting student engagement and 

learning 

• Providing a suite of co-curricular 

support activities and services. 

• Encouraging and acknowledge 

academic excellence Engaging alumni 

in the activities of the Monash Law 

School. 

10.3 Alumni Relations 

Monash Law School held a range of 

events for Law Alumni which provided 

opportunities to connect with the Faculty 

through contact with past students, 

current staff and current students. These 

have been outlined to keep a strong 

link between Monash University and our 

alumni were held throughout the year, 

these have been outlined in the “Law 

School Activities” section. 


11. Student Activities 

11.1 Monash Law 

Students’ Society 

Founded in 1964, the Monash Law 

Students’ Society is one of the largest 

and most dynamic student organizations 

within Monash University. Over the past 

few years, and in particular in 2009, the 

LSS has worked hard to strengthen and 

maintain the previous year’s expansions. 

In 2009 the LSS had just under two 

thousand members. The LSS is proud of 

its ongoing ability to enhance the student 

experience within the Faculty of Law at 

Monash and work with the Faculty to 

ensure that Monash is producing the best 

possible graduates. 

The LSS is voluntarily staffed and 

managed by 37 committee members. 

This committee works hard to ensure that 

a large range of events and services are 

offered as a supplement to the formal 

academic education provided through the 

university. These include careers advice, 

educational support, competitions and 

social activities to provide both personal 

and professional development. 


The LSS has four main portfolios which 

allow for a clear review of the society as 

a whole. 

Activities 

The Activities portfolio offers a large 

number of events for students at a 

range of price points to help promote a 

collegiate atmosphere amongst the law 

student body. The LSS firmly believes 

that the activities portfolio serves a 

highly important function of ensuring 

that students are integrated into their 

degree. The LSS therefore runs numerous 

activities throughout the year including 

First Year Camp, O-Week, First Year 

Dinner, BBQs, Intro Night, Pub Crawls, 

Valedictory Dinner, River Cruise and Law 

Ball. 

The Peer Mentor Program is continuing 

to be expanded to ensure all first years 

are comfortable in the new environment 

of law school. The LSS is very proud of 

how this program has continued to grow 

and how the LSS has been able to work 

with the faculty to provide this invaluable 

service. 

Careers 

The Careers portfolio aims to ensure that 

all students are well informed as to the 

many different careers paths available 

to them and provides targeted services 

to ensure that Monash graduates are 

competitive in the job market. 

The O week guide is produced to ensure 

that all first years are given a broad 

understanding of the many services 

offered to them by the LSS, faculty and 

university. This is then followed by a triyearly 

magazine which includes interest 

pieces across a broad range of topics, 

written by law students. 

The Careers Guide is fast becoming the 

most valuable publication of the LSS. 

This guide gives a broad overview as 

to the process of applying for seasonal 

clerkships, as well as firm profiles, 

relevant articles about corporate life and 

all the dates a student might need in 

applications. The careers portfolio also 

produces the Graduate Guide which 

highlights the many other career paths 

available.

In supplementing these guides, the LSS 

also provides two seminar series which 

run for five weeks in each semester to 

allow students to partake in interactive 

forums. These seminars ensure that 

students are given broad exposure to 

many different individuals in the legal 

profession and a chance to ask questions 

of them. 

Competitions 

The competitions portfolio is an integral 

part of the LSS and is going from strength 

to strength. In 2009 the LSS saw a large 

increase in numbers of competitors 

involved, including more than 300 

students in the general moot. 

The competitions offered by the LSS are: 

• General Moot (Senior and Junior 

Division) 

• First Year Moot 

• International Humanitarian Law Moot 

• Negotiation 

• Witness Examination 

• Client Interview 

• Letter Writing 

• Paper and Oral 

The winning team from each competition 

represent Monash in the Victorian 

Council of Law Students’ Societies 

(VCLSS) Victorian Championships and 

the Australian Law Students’ Association 

(ALSA) National Championships. In 2009 

the LSS made a clean sweep of the 

Victorian Championships winning the 

Negotiation, Witness Examination, Client 

Interview and Mooting competitions and 

the IHL team came runner up at the 

National Championships. This team then 

went on to compete in the IHL Red Cross 

regional competition, held in Hong Kong. 

Education 

The LSS is working constantly, in 

conjunction with the Faculty to provide 

students with the best possible legal 

education. The Student Tutorial Program 

continues to provide students with 

supplementary tutorials, run by paid, 

high achieving students, which provides 

regular reinforcement and practical 

applications of the materials taught in 

lectures. 

2009 saw the first ever release of the 

Pro Bono Guide. The LSS was very 

proud of this initiative as it expanded on 

commitment to providing careers advice 

beyond that of the corporate mainstream. 

Monash also held the position of Vice 

President (Equality) on the VCLSS. This 

involved the running of the Women in 

the Law Breakfast which was a great 

success. 

The LSS also continues to represent 

students on a number of faculty 

committees to ensure that there remains 

effective communication between the 

faculty and its students. Finally, as part 

of our commitment to equality, the LSS 

has continued to expand its booksale 

and equity scholarship to ensure that all 

students are given access to the materials 

required for law and that nobody suffers 

disadvantage due to their socio-economic 

background. 

Looking Forward 

The LSS is very proud of the relationship 

it has with the faculty and looks forward 

to continuing to strengthen and expand it 

into 2010. We are incredibly thankful for 

the support offered to us by the Faculty. 

11.2 International Law 

Association 

The Monash International Law Association 

(ILA) is run by students and based within 

the law faculty. The ILA encourages its 

Monash law students to explore career 

and study opportunities beyond Australia. 

Its membership includes undergraduates 

and postgraduates, as well as domestic 

and international students. The 

organisation hosts formal and informal 

events throughout the year for students 

interested in pursuing an international 

career. 

11.2.1 2009 Highlights 

International Careers and 

Opportunities Guide 

The International Careers and 

Opportunities Guide was launched at 

Cube at the Australian Centre for the 

Moving Image in October 2009. The 

International Careers and Opportunities 

Guide is the flagship publication of 

the International Law Association, and 

was made available to all law students. 

The Guide featured a collection of 

articles written by both students 

and practicing lawyers, providing 

reflections on experiences working and 

studying abroad. The Guide provided 

comprehensive information on major 

firms worldwide, and their application 

procedures. The Guide also provided 

information for students seeking to 

become qualified to practice in foreign 

jurisdictions. The Guide was more 

detailed compared to previous years, and 

in particular, featured more information on 

career opportunities in South East Asia 

and Dubai. 

Koko Black Evenings 

In 2009, the International Law Association 

hosted two Koko Black evenings, one 

in March for students about to apply 

for seasonal clerkships, and one in July 

for JD students. The evenings allowed 

students to connect with representatives 

from major firms in a relaxed setting, 

while enjoying drinks and chocolates. The 

response from firms was overall positive. 

11.2.2 Other events 

Throughout 2009, the International 

Law Association hosted various career 

information sessions for students. These 

events included representatives from 

Mahlab Recruiting, the New York Bar 

Association and the Hong Kong office of 

Allen & Overy. 

11.3 Monash University 

Law Review 

The Monash University Law Review is 

managed by an editorial committee, 

comprising student editors, staff 

faculty advisers and student committee 

members. There are approximately 25 

law students who work on these different 

committees to ensure the smooth running 

of the Law Review. 

Student editors 

The student editors for 2009 were: 

Marianna Perry 

Eleni Stamboulakis 

Sylvester Urban 

Issues Published 

During 2009, the editors (with the 

assistance of the members of the student 

editorial committee) published Volume 35. 

The contents of these issues were: 

Volume 35(1), Number 1 2009 

Addresses 

The Parameters of Constitutional Change 

The Hon Sir Gerard Brennan AC KBE 


11. Student Activities 

Remarks on the Occasion of the 19th 

International Symposium on the Forensic 

Sciences 

The Hon Chief Justice Marilyn Warren AC 

The Move towards Pre-emption in the 

Criminal Law 

The Hon Justice Mark Weinberg 

Articles 

The Quit Rent System in Colonial New 

South Wales 

Enid Campbell AC OBE 

Implied Fetters on the Exercise of 

Discretionary Contractual Powers 

Dr Jeannie Marie Paterson 

Keeping It in the Neighbourhood? 

Neighbourhood Courts in the Australian 

Context 

Sarah Murray 

The Recovery of Wages: Legal Services 

and Access to Justice 

Chris Arup and Carolyn Sutherland 

Food Advertising and Obesity in Australia: 

To What Extent Can Self-regulation 

Protect the Interests of Children? 

Sarah Mackay 

Who Is Entitled to Parental Responsibility? 

Biology, Caregiving, Intention and 

the Family Law Act 1975 (Cth): A 

Jurisprudential Feminist Analysis 

Dr Aleardo Zanghellini 


Book reviews 

Ron McCallum, McCallum’s Top 

Workplace Relations Cases: Labour Law 

and the Employment Relationship as 

Defined by Case Law 

Karen Wheelwright 

Nadine Behan, How to Run Your Own 

Court Case: A Practical Guide to 

Representing Yourself in Australian Courts 

and Tribunals (2009) 

Ross Hyams 

Volume 35(1), Number 2 2009 

Tributes 

Tribute to Professor Francis Trindade 

Tribute to Professor Bryan Dwyer 

Articles 

It’s my Body, Isn’t It? Children, Medical 

Treatment and Human Rights 

The Hon Chief Justice Diana Bryant 

Victorian Institute of Forensic Medicine 

Oration: The Inquiry into Pediatric 

Forensic Pathology in Ontario, Canada: 

Some Reflections 

The Hon Justice Stephen Goudge 

Legislating for Sustainability: A Framework 

for Managing Statutory Rights, 

Obligations and Restrictions Affecting 

Private Land 

Pamela O’Connor, Sharon Christensen 

and Bill Duncan 

Can Socially Responsible Investment 

Provide a Means of Environmental 

Regulation? 

Benjamin J Richardson 

Genetic and the Transformation of the 

Personal 

Belinda Bennett 

Waiver of the Rule against Bias 

Dr Matthew Groves 

Copyright as (Decentred) Regulation: 

Digital Piracy as a Case Study 

Chris Dent 

Patentability of Non-physical Inventions: 

Lessons from the United States 

Ben McEniery 

When does ‘Fraud on the Market’ Induce 

a Right to Damages? 

Mark Humphery 

Book reviews 

Nicholas Aroney, Scott Prasser and John 

Nethercote (eds), Restraining Elective 

Dictatorship: The Upper House Solution? 

Dr Greg Taylor 

New South Wales Law Reform 

Commission, Young People and Consent 

to Health Care 

Dr Penny Weller 

Activities 

In November 2009 the Law Review 

Committee held its annual dinner, which 

was attended by contributors to the 

Review, members of the Law Faculty, 

the editors and committee members of 

the Review, as well as many members 

of the legal profession. The speaker was 

the Honourable Michael Kirby, a former 

Justice of the High Court of Australia. 

Faculty Advisers 

The Academic Advisers to the Monash 

University Law Review during 2009 were: 

Semester 1 – Dr Matthew Groves and 

Dr Gideon Boas 

Semester 2 – Dr Matthew Groves, 

Dr Gideon Boas and Dr Dale Smith

11.4 The Student 

Experience 

To honour and continue his work, the 

Lawrie McCredie Student Support 

Program offers a range of important 

programs designed to assist Monash 

Law students to enhance their student 

experience, build community and help 

to develop leadership, communication 

and other valued graduate attributes. 

The key elements of the program 

include leadership development, 

the acknowledgement of academic 

excellence, community engagement 

and service, peer-to-peer and alumni 

mentoring, pastoral care, counselling, and 

careers advice. 

The Law School Peer Mentor Program 

is a joint faculty and Law Students’ 

Society (LSS) initiative, piloted in 2008, 

was fully operational in 2009. The 

program is offered to all the 400 new 

students to the Faculty and it provides 

the support and assistance of two 

Peer Mentors within a group of fellow 

Mentees to share experiences, advice, 

information and referrals to the range of 

support services and facilities offered at 

Monash. The 97 volunteer Mentors are 

second year and above law students, 

who exercised initiative and leadership 

skills in their role, learning to work as a 

team and developing interpersonal skills 

as they contact their mentees regularly 

throughout their first year of Law School. 

Regular events are held to bring these 

groups together to further enhance 

relationships and create a sense of 

community within the faculty. 

By encouraging civic responsibility during 

education, students are prepared for a 

responsible, community-focussed life 

post graduation. The Program has been 

a great success with those involved 

noting a much tighter more integrated 

community amongst the first years, aiding 

their transition to university life and their 

tertiary studies. 

The Law School Ambassador Program, 

launched in 2007 to supplement the Vice 

Chancellor’s Ancora Imparo Leadership 

Program, continued to grow during 2009. 

Community minded law students receive 

leadership and project management 

training and a variety of developmental 

experiences to facilitate personal growth. 

Community outreach and engagement 

projects are selected by students under 

their own initiative, and offer those 

experiences to the wider law school 

student community. A highlight event was 

the Ambassadors organising the inaugural 

Staff vs Student debate at Monash Law 

Chambers in September. Aiming to break 

down staff and student barriers, the 

light hearted debate was entitled ‘Law 

students these days have it too easy’ and 

drew a crowd of 100 students and was 

adjudicated by Professor Arie Freiberg 

AM. The Ambassador’s self-stated goals 

are to develop relationships between 

students, students and faculty, and 

faculty and community. His Honour Tony 

Pagone entertained and enlightened the 

Ambassadors during an intimate Alumni 

Sunset Seminar that will be remembered 

by all. 

The Law School High Academic 

Achievers’ Program, launched in 2008 

also developed in 2009, aiming to reward 

and inform high achieving students of 

the possibilities open to them in the 

areas of higher degrees by research, 

academia and other non-traditional 

career pathways. Voice coaching, stress 

management and other developmental 

activities are provided to our outstanding 

students to engage and inform. A 

highlight was an Alumni Dinner held at 

the University Club at the end of the year 

with prestigious Alumni Professor The 

Hon John Thwaites, His Honour Justice 

Shane Marshall, The Hon Tony Lupton 

MP, barrister Mr Declan Hyde and solicitor 

Leonie Bailey in attendance to mix with 

the high achievers and senior faculty staff. 

The initiatives conceived and delivered 

under the Lawrie McCredie Student 

Support Program are designed to 

enhance the Law School’s core curricular 

activities and support the vocational 

and student experience provided by 

existing programs and activities such as 

the Monash Oakleigh Legal Service and 

Springvale Community Legal Service. An 

update of activities and the original 5 year 

plan is available at: www.law.monash. 

edu/alumni/lawriemccredieprogram.pdf 


12. Law Library 

12.1 Monash Law 

Library 

The Law Library, one of the largest and best 

resourced in Australia, is part of the Monash 

University Library system of eight branch 

libraries on six campuses. It is located 

over four levels in the centre of the Law 

Faculty building on the Clayton campus, 

and provides an extensive collection of high 

quality print and electronic legal resources. 

An emphasis on providing an environment 

conducive to both group and individual 

study saw use of the Law Library‘s physical 

environment continue to increase in 2009 

with a door count of 414,299. This was an 

increase of 41,285 or 11% more than the 

previous year. 

12.2 2009 Highlights 

In Semester 2, 2009, the Research and 

Writing (RAW) (LAW1104) undergraduate 

unit was taught for the second time. A 

major focus in 2009 has been reviewing 

the feedback from the first year the unit 

was taught and refining the program. 

The research component now has 

an increased focus on engagement 

and practice using specially designed 

scenario-based research problems and 

exercises which students work on in 

groups using laptops. Law Library staff 

contributed significantly to this unit, with 

law librarians coordinating and teaching 

the research component over 6 weeks 

and the Law Library‘s learning skills 

adviser teaching classes on avoiding 

plagiarism and good academic writing. 

The Law Faculty Team received the 

Vice-Chancellor’s Award for Exceptional 

Performance by Professional Staff for 

collaborating with the Faculty of Law to 

develop undergraduate students’ legal 

information research and communication 

skills within the Bachelor of Laws 

curriculum. The team have helped 

develop and implement two core law 

units, Skills, Ethics, Research (SER) D 

and RAW, which combine face to face 

and online learning components and 

demonstrate a commitment to studentcentred 

teaching and continuous 

improvement. 


Other units in the curriculum which 

directly involved Law Library staff 

included: 

• LAW1101 Introduction to Legal 

Reasoning (LLB) 

• LAW4166 Citizenship & Migration Law 

(LLB) 

• LAW7079 Legal Research & Problem 

Solving (JD) 

• LAW7212 Australian Legal System 

(LLM) 

• LAW7285 Legal Research & 

Communication (LLM) 

The Law Library also provided support 

to the PLEA Program in which volunteer 

law students provide court readiness 

education to people held on remand at 

the Metropolitan Remand Centre (MRC) 

and to women on remand at the Dame 

Phyllis Frost Centre, Deer Park. Library 

orientation and research class were 

also held for the G-LEAP students from 

University of Hong Kong who visited 

Melbourne to study intellectual property. 

Classes on legal research and EndNote 

were provided to Law Honours students. 

Law units being taught on the Sunway 

campus, Malaysia were supported 

through the creation of online readings 

lists and liaison with the Library in 

Malaysia for the purchase of required 

texts. 

Additional programs, drop-in sessions 

and consultations were conducted 

outside the curriculum to help students 

with information research and learning 

skills. Undergraduate support was 

intensive in semester 2 with referrals 

from the Research & Writing unit, 

consultations, drop-in sessions and 

seminars. Development and teaching 

of programs into LAW1104 was an 

important focus in semester 2 (as 

described above), in addition to sessions 

on avoiding plagiarism and using Turnitin 

for postgraduate units. 

The Library has continued the successful 

program for Law postgraduates operating 

out of the City Chambers. Learning skills 

advisers attended the City Chambers 

every Thursday, providing seminars, 

workshops and consultations. These 

sessions provide students with effective 

writing, research and referencing skills. 

Extra copies of required texts for JD units 

were purchased at the end of 2009 and 

located at Pharmacy Library in Parkville 

for the convenience of city based law 

students. Pharmacy Library evening hours 

have extended to 9 pm on Mondays to 

Thursdays. 

A writing group for Law and Business, 

Law and Taxation HDR students, run by 

Dr. Jan Pinder, learning skills adviser at 

Matheson Library, has been popular with 

those participating. 

Planning for a new Law building and 

library for the Caulfield campus continued 

to a detailed design stage until July when 

it was announced that the redevelopment 

of the Caulfield campus would not go 

ahead in its current form. Whilst a further 

announcement is anticipated, deduplication 

of the collection is proceeding. 

Print journals available on Hein Online 

have been identified and these will 

be sent to the off-site store as time 

allows. Duplicate monographs with zero 

borrowing for the last five years have also 

been weeded from the collection. 

12.3 Facilities and 

Services Highlights 

During 2009, the following improved 

facilities and services became available to 

Monash students and staff: 

• Fifteen new tables with desktop power 

were installed. Excess shelving and 

older carrels are being progressively 

removed and replaced with powered 

tables for group and individual study. 

• A Smartboard was installed in the 

Law Library’s meeting room for use in 

information research and learning skills 

programs. 

• LanSchool software was installed in 

one of the training rooms and will be 

incorporated into 2010 programs by 

sending short quizzes to individual 

PCs.

12.4 Collection 

Highlights 

The budget available for the acquisition 

of new print and electronic materials 

remained steady for 2009. Some notable 

purchases included: 

• the electronic archives of Oxford 

University Press journals. 

• Kluwer Competition Law and Kluwer 

EU Patent Cases and EU Copyright 

Cases. 

• IBFD electronic subscription 

(International Bureau of Fiscal 

Documentation - international tax 

materials) 

• Climate Change Policy & Law in 

Australia commentary (online via 

LexisNexis AU) 

• Journal of Media Law (online) 

• National Workplace Relations 

(via Legal Online) 

• WorkPlace Law – Fair Work 

(via LexisNexis AU) 

• Commercial Damages 

(via Legal Online) 

• International Encyclopaedia of Laws – 

Medical Law 

• OEGL (Oil, Gas & Energy Law) journal 

A library wide serials review took 

place in mid-2009. As a result some 

law print subscriptions were identified 

for cancellation where duplicated 

electronically. This also enabled some 

important new subscriptions to be 

entered into, for example an electronic 

subscription to IBFD. 

12.5 Law Library Senior 

Staff 

Law Library Manager 

Kay Tucker 

Law contact librarians 

Caroline Knaggs, Sandra Pyke, Geraldine 

Woodhatch, Dawn Carroll 

Learning skills advisers 

Patricia Hughes, Rosemary Shaw 

12.6 Journal Affiliations 

and External 

Committees 

Kay Tucker 

Editorial Board – Australian Law Librarian 

Caroline Knaggs 

ALIA Pathways (Information Literacy) 

Committee 

CAVAL Reference Interest Group – 

Seminar Committee: Information Literacy 

(SCIL) 

Poh York Lee (retired), Geraldine Woodhatch, Caroline Knaggs, Kay Tucker, Lisa Smith, Patricia Hughes and Sandra Pyke with 

Professor Ed Byrne (Vice-Chancellor) accepting the Vice-Chancellor’s Award for Exceptional Performance by Professional Staff 2009 

presented to the Library’s Law Faculty Team 


13. Staff 

13.1 Staff List 

Dean 

Professor Arie Freiberg AM, 

LLB (Hons) Dip Crim Melb. LLM Monash 

LLD Melb., FASSA, Practitioner (Vic.) 

Professors 

Professor Stephen Barkoczy, 

BA LLB MTaxLaw PhD Monash FTIA 

Practitioner (Vic.) 

Professor Elizabeth Boros, 

LLB (Hons) Adel. LLM PhD Cantab. 

Practitioner (Vic. and S.Aust.) Solicitor 

(Eng. and Wales) High Court (Aust.) 

Professor David Cousins, 

BEc (Hons) MEc Monash; DipEd Rusden; 

PhD Manchester 

Professor Mark Davison, 

LLB (Hons) Qld DipLP Qld.UT Dip Lang 

LLM PhD Monash Practitioner (Qld.) (Vic.) 

Professor Ian Freckelton SC, 

BA (Hons) LLB Syd. PhD Griff. Dip Th 

M ANH Practitioner (Vic. ACT S.Aust.) 

Practitioner (NSW Qld. Tas. N.Territory) 

Practitioner High Court (Aust.) 

Professor Jeffrey Goldsworthy, 

LLB (Hons) Adel. LLM Illinois MA PhD 

Berkeley LLD Adel. FASSA Practitioner 

(S.Aust.) 

Professor The Hon. George Hampel 

AM, QC, 

LLB Melb. QC Practitioner (Vic. NSW ACT 

Tas. and W.Aust.) Middle Temple (Eng.) 

Professor Graeme Hodge, 

BE MEngSc MBA PhD Monash 

Professor Bryan Horrigan, 

BA LLB (Hons) Qld. DPhil Oxon. 

Professor Sarah Joseph, 

BA LLB (Hons) Syd. LLM (Hons) Cantab 

PhD Monash 

Professor Susan Kneebone, 

LLB Adel. MA HK DipEd Melb. PhD 

Monash Practitioner (S.Aust. and Vic.) 

Professor Hoong Phun (HP) Lee, 

LLB (Hons) Sing. LLM Malaya PhD 

Monash (The Sir John Latham Chair of 

Law) 

Professor Justin Malbon, 

LLB Adel, LLM Yorke, Can. PhD NSW 

Practitioner (Qld) 


Professor Bernadette McSherry, 

BA (Hons) LLB (Hons) LLM Melb. PhD 

York (Can.) Grad Dip Psych Monash 

Practitioner (Vic.) High Court (Aust). 

(Australian Research Council Federation 

Fellow) 

Professor Ann Monotti, 

LLB (Hons) LLM Melb. PhD Monash 


Professor Marilyn Pittard, 

BEc (Hons) LLB (Hons) Monash 


Professor Jeff Waincymer, 

BCom LLB Melb. LLM Monash 


Professor Bob Williams, 

BJuris LLB (Hons) Monash BCL Oxon. 

LLD FASSA Practitioner (Vic.) (The Sir 

John Barry Chair of Law) 

Emeritus Professors 

Professor Enid Campbell AC, OBE, 

BEc LLB (Hons) LLD (Hon.) Tas., Syd., 

Mon. PhD Duke Practitioner (Tas.) High 

Court (Aust.) 

Professor Richard Fox AM, 

LLB Melb. DipCrim Melb. LLM Melb. LLD 

Monash Practitioner (Vic.) High Court 

(Aust.) 

Professor Francis Trindade, 

LLB Karachi MA Oxon. Gray’s Inn 

Barrister-at-Law, Practitioner (Vic.) 

Professor Louis Waller AO, 

LLB (Hons) Melb. BCL Oxon. Hon LLD 

Monash FASSA FAAL Practitioner (Vic.) 

Professor Christie Weeramantry, 

BA LLD D.Lit (Hon.) Lond. Hon LLD 

Colombo Hon. LLD Monash Hon LLD 

National Law School of India Advocate 

of Supreme Court of Ceylon Practitioner 

(Vic.) 

Associate Professors 

Dr Jonathan Clough, 

BSc LLB (Hons) Monash LLM Cantab. 

PhD Grad Cert Higher Ed Monash 

Practitioner (Vic.) High Court (Aust.) 

Associate Professor John Duns, 

BCom LLB (Hons) Melb. LLM PhD 

Monash Practitioner (Vic.) 

Associate Professor Judd Epstein, 

AB Syr. BJuris Stan. Caseflow Mgmt Cert 

Mediation Cert Attorney-at-Law (Calif.) 

Member Chart. Inst. Arbit. (Lond) 

Associate Professor Adrian Evans, 

BCom LLB Melb. Assoc in Theology ACT 

LLM PhD Monash Practitioner (Vic.) 

Associate Professor John Glover, 

BA (Hons) LLB (Hons) Melb. BCL Oxon. 

PhD Monash Practitioner (Vic.) 

Associate Professor Gaye Lansdell, 

LLB (Hons) Tas MPhil Camb. PhD Tas. 

Practitioner (Tas. and W.Aust.) High Court 

(Aust.) Solicitor (Eng. and Wales) 

Associate Professor Pamela O’Connor, 

BA LLB Monash LLM Melb. MBA Grad 

Cert Higher Ed PhD Monash Practitioner 

(Vic.) 

Associate Professor Moira Paterson, 

BEc Monash LLB (Hons) Melb. LLM 

Lond. Grad Cert Higher Ed PhD Monash 


Associate Professor Greg Taylor, 

BA (Hons) LLB (Hons) Adel. LLM Marburg 

GCLP S.Aust. LLD Marburg Grad Cert 

Higher Ed Monash Practitioner (S.Aust.) 

Senior Lecturers 

Dr Renata Alexander, 

BA LLB DipFamLaw LLM PhD Monash 


Dr Heli Askola, 

LLB LLM Turku, Finland PhD EUI 

Ms Susan Barkehall-Thomas, 

BA LLB (Hons) LLM Monash Practitioner 

(Vic.) Federal Court (Aust.) High Court 

(Aust.) 

Dr Gideon Boas, 

BA LLB Monash LLM PhD Melb. 

Practitioner (Vic. and NSW) High Court 

(Aust.) 

Ms Melissa Castan, 

BA LLB (Hons) Monash LLM Melb. 


Dr Julie Debeljak, 

BEc LLB (Hons) Monash LLM Cantab. 

PhD Grad Cert Law Teaching Monash 


Dr Melissa de Zwart, 

BA (Hons) LLB (Hons) LLM Melb. PhD 

Grad Cert Higher Ed Monash Practitioner 

(Vic.) 

Dr Paula Gerber, 

LLB QUT MSc Kings Coll Lond. LLM 

Monash PhD Melb Practitioner (Qld. 

NSW and Vic.) (Eng. and Wales) Attorney 

(California)

Dr Stephen Gray, 

BA LLB (Hons) LLM Melb PhD Monash 

Dr Matthew Groves, 

BA LLB (Hons) PhD Monash Practitioner 

(Vic.) 

Dr Sirko Harder, 

Doctor iuris Tubingen LLM Qld. PhD 

Aberdeen 

Mr Ross Hyams, 

BA LLB LLM Monash Practitioner (Vic.) 

Dr Michael S King, 

B.Juris LLB (Hons) UWA MA PhD MUM 

Practitioner (WA) 

Dr Emmanuel Laryea, 

LLB (Hons) Ghana LLM Glas. PhD Bond 


(Ghana) 

Dr David Lindsay, 

BA LLB Syd. LLM Melb. PhD Monash 

Practitioner (NSW) 

Ms Oyiela Litaba, 

MA Cantab. PG Dip Teach Sheff. Solicitor 

(England and Wales) Barrister & Solicitor 

(Fiji) 

Dr Karinne Ludlow, 

BSc LLB (Hons) PhD Monash Practitioner 

(Vic.) High Court (Aust.) 

Dr Adam McBeth, 

BA LLB (Hons) PhD Monash Grad Cert 

Higher Ed Deakin, Practitioner (Vic) High 

Court (Aust.) 

Dr Bronwyn Naylor, 

BA (Hons) LLB (Hons) LLM Monash 

MPhil(Crim) PhD Cantab. Practitioner 

(Vic.) High Court (Aust.) 

Dr Jeannie Paterson, 

BA LLB (Hons) ANU, PhD Monash 


Mrs Sharon Rodrick, 

BA LLB (Hons) LLM Melb. Practitioner 

(Vic.) 

Ms Jenny Schultz, 

BA LLB Monash LLM Michigan 


Ms Adiva Sifris, 

BProc Witw. LLM PhD Monash 


Dr Dale Smith, 

BA (Hons) LLB (Hons) MA Melb. DPhil 

Oxon. 

Dr Normann Witzleb, 

State Law Exam Würzburg, Ass. 

Iur. Berlin, Dr. Iur. EUV Frankfurt(O), 

DipLegSt London, LLB(Hons) Murdoch, 

GradDipLegPrac ANU, Practitioner (ACT), 

High Court (Aust.) 

Dr Eric Wilson, 

BA (Hons) MA Dal. PhD Camb. LLB 

Br.Col. LLM Washington SJD Melb. 

Ms Helen Yandell, 

DipTeach Murray Park BEd Warrnambool 

LLB Deakin GradDipLP ANU Practitioner 

(Vic.) 

Lecturers 

Dr Becky Batagol, 

BA (Hons) LLB (Hons) PhD Monash 

Mr Malcolm Bennett, 

LLB Melb. Practitioner (Vic.) 

Dr Colin Campbell, 

BA LLM Melb. LLM PhD Cantab. 


Ms Rowena Cantley-Smith, 

BEc LLB Monash LLM Leiden Practitioner 

(Vic.) High Court (Aust.) Practitioner (Vic.) 

Ms Rachel Chrapot, 

BA (Hons) Monash LLB Bond LLM Melb. 


Dr Patrick Emerton, 

BA (Hons) LLB (Hons) MA Melb. PhD 

Monash 

Ms Fay Gertner, 

BA LLB Monash Practitioner (Vic.) 

Dr Rebecca Giblin, 

LLB (Hons) PhD Monash Practitioner (Vic.) 

Mr Kwame Mfodwo, 

LLB (Hons) Ghana MIntlLaw ANU 

Dr Sarah Middleton, 

BA LLB (Hons) PhD Tas. 

Dr Gerry Nagtzaam, 

LLB, M.Env.Sci Monash PhD Melb. 


Ms Maria O’Sullivan, 

BA LLB (Hons) GradDipLP ANU LLM 

Essex Practitioner ACT High Court (Aust.) 

Ms Tania Penovic, 

BA LLB (Hons) Melb. MSt (Dist) Oxon. 

Grad Cert Law Teaching Monash 


Solicitor of the Supreme Court (Eng.and 

Wales) 

Ms Karen Wheelwright, 

BA GradDipEd La Trobe LLB (Hons) Melb. 


Assistant Lecturers 

Ms Azadeh Dastyari, 

BA LLB (Hons) Syd. GradDipLP Technol. 

Syd. 

Ms Kathryn James, 

BA LLB (Hons) Monash Practitioner (Vic.) 

Ms Lisa Spagnolo, 

BCom LLB (Hons) Deakin Practitioner 

(Vic.) High Court (Aust). 

Honorary Associates 

Mr Stephen Charles, 

LLB (Hons) Melb. 

Dr Fiona Hanlon, 

BJuris. LLB Monash LLM PhD Melb. 


Mr Raymond Hind, 

BSc (Eng) Lond. Patent Attorney, 

European Patent Attorney 

Dr Elise Histed, 

BA (Hons) LLB (Hons) Melb. PhD Cantab. 


(Vic.) 

Mr Andrew Monotti, 

BCom LLB (Hons) LLM Melb. Practitioner 

Dr Guy Powles, 

BA LLB LLM Well. PhD ANU Practitioner 

(NZ) Solicitor (Eng.) Practitioner (Vic.) 

Mr Ian Pyman 

BJuris. LLB Monash Practitioner (Aust.) 

Mr Chris Sidoti, 

BA LLB Syd. 

Professor Les Stein, 

BA Suny LLB Osgoode LLM York 

Dr David Yarrow, 

BSc LLB LLM Qld. MSc Griffith PhD 

Osgoode 

Senior Research Fellows 

Dr Diana Bowman, 

BSc LLB PhD Monash 

Dr Penny Weller, 

BA LLB Monash MA LaTrobe PhD Victoria 

Adjunct Staff 

Professor Greg Reinhardt, 

BA LLB (Hons) Melb. 


13.2 Academic 

Governance Positions 

Portfolios, charts and senior 

administrative staff 

See Appendix I 

13.3 Promotions 

Jonathan Clough – senior lecturer to 

associate professor 

Adam McBeth – lecturer to senior lecturer 

Adiva Sifris – lecturer to senior lecturer 

13.4 Appointments 


Professor David Cousins 

Professor Justin Malbon 

Dr Normann Witzleb 

13.5 Resignations 

Professor Elizabeth Boros 

Dr Diana Bowman 

Dr Melissa De Zwart 

Associate Professor Judd Epstein 

Associate Professor John Glover 

Dr Sarah Middleton 

Dr Jeannie Paterson 

13.6 Outside Studies 

Program 

Azadeh Dastyari, Semester 1 

Adrian Evans, Semester 1 

Jeff Goldsworthy, Semester 1 

Stephen Gray, Semester 1 

Matthew Groves, Semester 1 

Emmanuel Laryea, Semester 1 

Ann Monotti, Semester 1 

Dale Smith, Semester 1 

Becky Batagol, Semester 2 

Graeme Hodge, Semester 2 

Sarah Joseph, Semester 2 

Greg Taylor, Semester 2 

Karen Wheelwright, Semester 2 

Bob Williams, Semester 2 

Eric Wilson, Semester 2 


13.7 Visitors 

Dr Niels Ejersbo, Political Science 

and Public Management, University of 

Southern Denmark. 

1 August 2008 to 31 July 2009 

Dr Yanning Yu, Zhejiang Gongshang 

University. 

2 September 2008 to 1 June 2009 

Professor Tony Anghie, S.J. Quinney 

School of Law, University of Utah, USA. 

1 December 2008 to 31 March 2009 

Ms Alice Nah, National University of 

Singapore. 

20 February to 10 June and 1 August to 

30 September 

Dr Steven Tudor, Faculty of Law and 

Management, La Trobe University. 

12 January to 16 June. 

Professor Ingeborg Schwenzer, 

University of Basel, Switzerland. 

4-6 February. 

Professor Steven Chanenson, Villanova 

University School of Law, USA. 

20-23 April 

Professor Dana Muir, Stephen M 

Ross School of Business, University of 

Michigan, USA. 

12 May 

Professor Ruth Kanai, Bar Ilan 

University, Ramat Gan, Israel. 

3 June to 31 July 

Professor Allan Borowski, Faculty of 

Health Science, La Trobe University 

6 July to 31 December 

Professor Robert Vaughn, American 

University, Washington College of Law 

13 July to 28 November 

Professor Jiangiang Nie, Wuhan 

University School of Law, China 

6 August to 4 October 

Honourable Peggy Hora, Retired Judge, 

California Superior Court, USA 

24-25 August 

Dame Rosalyn Higgins, DBE QC 

4 -12 December

14. Staff Activities 

14.1 External Boards 

and Committees 

External boards and committees 

Renata Alexander 

• Member, Prostitution Control Act 

Ministerial Advisory Committee, 

Department of Justice 

Stephen Barkoczy 

• Consultant, Blake Dawson 

Becky Batagol 

• Member, Board of Family Mediation 

Centre 

Gideon Boas 

• Member, Australian Red Cross 

Victoria, International Humanitarian 

Law Committee 

• Member, AustLII Victorian Support and 

Advisory Committee 

• Member, International Expert 

Framework Group on International 

Criminal Procedure 

Elizabeth Boros 

• Consultant, Blake Dawson 

• Member, Legal Committee of 

Corporations and Markets Advisory 

Committee CAMAC 

• Member, Corporations Committee, 

Business Law Section, Law Council 

of Australia 

• Member, E-Commerce Committee, 

Business Law Section, Law Council 

of Australia 

Rowena Cantley-Smith 

• Committee Member, Australian 

Red Cross Victoria, International 

Humanitarian Law Department 

• Associate Fellow, Clingendale 

International Energy Programme, 

Netherlands Institute of International 

Relations Clingendael 

• Member, ANZSIL (Australian and New 

Zealand Society of International Law) 

Jonathan Clough 

• Member, Cancer Council Legal Policy 

Advisory Group 

David Cousins 

• Commissioner (part-time) State 

Services Authority Victoria 

• Member, Building Advisory Council 

Victoria 

• Member, Expert Working Group 

National Licensing Initiative 

• Member, Council of Queens College 

Melbourne 

Mark Davison 

• Member, Intellectual Property 

Committee, Business Law Section, 

Law Council of Australia 

• Member, International Trademark 

Association (INTA) 

• Special Counsel, Knightsbridge 

Lawyers 

Julie Debeljak 

• Member, Advisory Committee, Human 

Rights Law Resource Centre 

Richard Fox 

• Chair, Board of Management, 

Australian Institute of Criminology 

Ian Freckelton 

• Member, Coronial Council of Victoria 

• Member, Mental Health Review Board 

• Member, Psychosurgery Review Board 

• Member, Suitability Panel of Victoria 

• Member, Investigation Review Panel of 

Victoria 

• Member, Expert Advisory Panel on 

Mental Health Act Reform 

• Immediate Past-President, Australian 

and New Zealand Association of 

Psychiatry, Psychology and Law (Vic 

Branch) 

• Vice-President, International Institute of 

Forensic Studies 

• Vice-President, International Academy 

of Law and Mental Health (Australasian 

Branch) 

• Board Member, Council of Australasian 

Tribunals 

• Vice-President International 

Organisation of Mental Health Review 

Tribunals 

• Member, The Netherlands Scientific 

Council of the Expertise Center for 

Forensic Psychiatry 

Arie Freiberg AM 

• Member, Council of the Australian 

Institute of Judicial Administration 

• Chair, Victorian Sentencing Advisory 

Council 

• Member, Sexual Assault Advisory 

Committee, Department of Justice, 

Victoria 

• Member, Leo Cussen Institute Board 

• Member, International Penal and 

Penitentiary Foundation 

• Adjunct Faculty, The Australia and New 

Zealand School of Government 

Paula Gerber 

• Member, Victorian Civil and 

Administrative Tribunal (Civil Claims, 

Domestic Building and Anti- 

• Discrimination Lists) 

• Member, Victorian Law Institute 

Human Rights Committee 

• Member, Victorian Human Rights 

Education Committee 

• Member, Jewish Care Building 

Committee 

John Glover 

• Committee member, Commercial Bar 

Association (Victoria) 

• Committee member and Hon. 

Secretary, Equity Interest Group, 

Commercial Bar Association (Victoria) 

• State Revenue Committee, Law 

Institute of Victoria 

• Taxation and Revenue Committee, 

Law Institute of Victoria 

• Committee member, Taxation Interest 

Group, University of Melbourne Law 

Faculty 


Administrative Tribunal (General List) 

• Education Committee, Taxation 

Institute of Australia (Vic. Division) 

Stephen Gray 

• Member, Charles Darwin University 

Press Committee 

George Hampel 

• President, International Institute of 

Forensic Studies 

• Chairman, Australian Advocacy 

Institute 

• Member, Council of Legal Education 

• Member, Legal Services Board, 

Continuing Education Committee 

• Chairman, Funding Committee of 

‘More than Opera’ 

Bryan Horrigan 

• Consultant, Allens Arthur Robinson 

• Panel Member, Expert Panel to advise 

the Commonwealth Minister for Small 

Business, Competition Policy, and 

Consumer Affairs on matters under the 

Trade Practices Act and Franchising 

Code of Conduct 


14. Staff Activities 

Sarah Joseph 

• Member Advisory Board, Academy on 

Human Rights and Humanitarian Law, 

American University 

• Member, International Board of 

Advisers, Jindal Global Law School, 

Sonipat, Haryana, India 

• Member, Advisory Board, Centre for 

Civil and Political Rights, Geneva 

Hoong Phun Lee 

• Vice-Chairman, Australian Press 

Council 

• Deputy Chairman, Policy Development 

Committee, Australian Press Council 


Advisers of the Weeramantry 

International Centre for Peace 

Education and Research 

• External Assessor, Faculty of Law, 

University of Malaya in respect of 

Appointment/Promotion to Associate 

Professor and Professor 

• External Examiner for the Degree 

of Bachelor of Laws Examinations, 

University of Malaya 

• Associate External Examiner, School of 

Law, City University of Hong Kong 

• Adjunct Professor, School of Law, City 

University of Hong Kong 


Advisers, Jindal Global Law School, 

Sonipat, Haryana, India 

Karinne Ludlow 

• Victorian Biotechnology Ethics 


Justin Malbon 

• Member, Queensland Competition 

Authority 

• Panelist, Financial Ombudsman 

Service Ltd 

Bernadette McSherry 

• Legal Member, Mental Health Review 

Board (Vic) 

• Legal Member, Psychosurgery Review 

Board (Vic) 

Ann Monotti 

• Intellectual Property Committee, 

Business Law Section, Law Council of 

Australia 


Bronwyn Naylor 

• Member, Board of Management, 

Australian Institute of Public Safety 

• Member, Architects Tribunal Panel, 

Architects Registration Board of 

Victoria 

• Director, Springvale Monash Legal 

Service 

• Member and Newsletter Editor, Board 

of Management, Australian and New 

Zealand Society of Criminology 

• Academic Advisor, Victorian Energy 

and Water 

• Ombudsman’s Case Handling 


Pamela O’Connor 

• Board Member, Judicial College of 

Victoria 

• Board Member, Leo Cussen Institute 

• Commissioner, Victorian Law Reform 

Commission 

Marilyn Pittard 

• Executive Committee Member, 

Australian Labour Law Association 

• Member, Industrial Relations Society 

of Victoria 

• Convenor, Victorian Chapter, Australian 

Labour Law Association 

• Member, Eggleston Society 

Committee 

• Member, Advisory Committee, the 

Australian Institute of Employment 

Rights 

• Workplace Relations Law Advisory 

Committee for Specialist Accreditation, 

Law Institute of Victoria 

• Legal Member, Cancer Council of 

Victoria Human Research Ethics 

Committee 

• Labour Law Consultant, Clayton Utz 

• Associate member, Centre for 

Employment and Labour Relations 

Law, University of Melbourne 

Dale Smith 

• Treasurer, Australian Society of Legal 

Philosophy 

Lisa Spagnolo 

• Alternate Member, Cancer Council 

Victoria’s Human Research Ethics 

Committee 

• National Correspondent, Global Sales 

Law Project, University of Basel, 

Switzerland 

• Rapporteur and Chair, Protection 

Against Counterfeit Goods Working 

Group, Global Principles of 

International Consumer Contracts 

Project 

Jeff Waincymer 

• Co-Chair, International Trade and 

Business Interest Group, International 

Law Section, Law 

• Council of Australia 

Weller, Penelope 

• Member, Health Services Review 

Council 

• Member, Department of Justice 

Human Research Ethics Committee 

Bob Williams 


Administrative Tribunal, Guardianship 

List 

14.2 Journal Affiliations 

Stephen Barkoczy 

• Advisory Board, Revenue Law Journal 

• Editorial Board, Journal of Australian 

Taxation 

Gideon Boas 

• General Editor, Leiden Journal of 

International Law 

Diana Bowman 

• Editorial Board, Nanotechnology Law 

& Business Journal 

Mark Davison 

• Editorial Board, International Journal of 

Information Policy and Law 

• Editorial Board, Intellectual Property 

Law Bulletin 

Melissa de Zwart 

• Editorial Board, Journal of Law, 

Information and Science 

Ian Freckelton 

• Editor, Journal of Law and Medicine 

• Editor-in-Chief, Psychiatry, Psychology 

and Law 

• Editorial Board Member, Family Law in 

New Zealand

Arie Freiberg AM 

• Editorial Board, Punishment and 

Society 

• Editorial Board, Criminal Justice 

• Editorial Board, Queensland University 

of Technology Law and Justice Journal 

• Editorial Board, Canadian Journal of 

Criminology and Criminal Justice 

• Editorial Board, Judicial College of 

Victoria, Victorian Sentencing Manual 

John Glover 

• Editorial Board, Journal of Australian 

Taxation 

Jeff Goldsworthy 

• Editorial Board, University of 

Queensland Law Journal 

• Editorial Board, Legal Theory 

• Editorial Board, Philosophy Compass 

Stephen Gray 

• Northern Territory Editor, Criminal Law 

Journal 

• Editorial Board, Alternative Law 

Journal Committee 

Matthew Groves 

• State Editor, Criminal Law Journal 

• Legal Adviser, South Asia 

Graeme Hodge 


Public Policy 


• Editorial Advisory Board, Social 

Responsibility Journal 

• Advisory Board, QUT Law and Justice 

Journal 

Ross Hyams 

• Editor, Lawyers Practice Manual (Vic) 

• Member, Board of Family Mediation 

Centre 

Kathryn James 

• Editorial Committee, Alternative Law 

Journal 

Sarah Joseph 

• Editorial Board, Human Rights Law 

Review 

• Editorial Board, Journal of Human 

Rights and the Environment 

Michael King 


Journal 

Susan Kneebone 

• Editorial Board, Australian Institute of 

Administrative Law Forum 

• Editorial Board, Around the Globe 

Hoong Phun Lee 

• Panel of International Referees, 

Singapore Academy of Law Journal 

• Advisory Board, Constitutional Law 

and Policy Review 

• Advisory Board, Singapore Journal of 

Legal Studies 

• Advisory Board, Australian Journal of 

Asian Law 

• Board of Editorial Advisors, Asian 

Journal of Comparative Law 

David Lindsay 

• Editorial Board, Australian Intellectual 

Property Journal 

• Editorial Board, Media and Arts Law 

Review 

• Editorial Board, Privacy Law and Policy 

Reporter 

• Editorial Board, Telecommunications 

Journal of Australia 

Bernadette McSherry 

• Co-editor, Legal Issues Column, 

Journal of Law and Medicine 

• Editorial Board, Psychiatry, Psychology 

and Law 

• Editorial Board, Monash Bioethics 

Review 


Forensic Mental Health 

• Editorial Board, Psychology, Public 

Policy and Law 

Sarah Middleton 

• Editorial Board, Australian Journal of 

Family Law 

Ann Monotti 

• Editorial Board, International Journal 

of Information Policy and Law, 

(Inderscience Publishers, Geneva, 

Switzerland) 

• Australian Correspondent, European 

Intellectual Property Review (Sweet 

and Maxwell Ltd, Great Britain) 

Bronwyn Naylor 

• Editorial Board, Alternative Law 

Journal 

Marilyn Pittard 

• Editor, Employment Law Bulletin 

• Editorial Board, Australian Journal of 

Labour Law 

• Faculty Adviser, Monash University 

Law Review 

Jeff Waincymer 

• Advisory Board, Vindobona Law 

Journal 

• Advisory Board, University of New 

South Wales E-Journal of Taxation Law 

• Advisory Board to the publisher 

Kluwer, as to its International Trade 

Manuscript Series 

Bob Williams 

• Assistant Editor (Criminal Cases), 

Victorian Reports 

Normann Witzleb 

• Section Editor, ‘Privacy’, Australian 

Business Law Review 


Journal 

Advisory Board to the publisher Kluwer, 

as to its International Trade Manuscript 

Series 


15. Publications 2009 

* Meet criteria as DIISR research publications 

+ student 

15.1 Staff and Student 

Publications 

Books (authored)* 

Barkoczy, S, L. Foundations of Taxation 

Law. CCH Australia Ltd, Sydney NSW 

Australia, (2009) 

Kaempf, A, McSherry, B, M, Ogloff, J, R & 

Rothschild, A, D. Confidentiality for Mental 

Health Professionals: A Guide to Ethical 

and Legal Principles. Australian Academic 

Press, Bowen Hills Queensland, (2009) 

King, M S, Freiberg, A, Batagol, B M & 

Hyams, R, L. Non Adversarial Justice. The 

Federation Press, Leichhardt NSW, (2009) 

McSherry, B, M & Keyzer, P. Sex 

Offenders and Preventive Detention: 

Politics, Policy and Practice. The 

Federation Press, Sydney, NSW, Australia, 

(2009) 

McQueen, R, I. A Social History of 

Company Law: Great Britain and 

Australian Colonies 1854-1920. Ashgate, 

Surrey UK, (2009) 

Nagtzaam, G, J. The Making of 

International Environmental Treaties: 

Neoliberal and Constructivist Analyses 

of Normative Evolution. Edward Elgar, 

Cheltenham, UK, (2009) 

Sifris, A, R. Children and the Lesbian 

‘Homo-nuclear’ family: A Challenge 

for Australian Family Law in the 

New Millennium. Lambert Academic 

Publishing, Koln Germany, (2009) 

Smith, S, B. Maverick Litigants: 

A History of Vexatious Litigants 

in Australia1930-2008. Maverick 

Publications, Elwood, Australia, (2009) 

Tsamenyi, M, Palma, M, Milligan, B 

& Mfodwo, K, S. Fairer Fishing?: The 

Impact on Developing Countries of the 

European Community Regulation on 

Illegal, Unreported and Unregulated 

Fisheries. www.thecommonwealth.org/ 

publications, Commonwealth Secretariat 

(The Publications Section), Pall Mall, 

London, (2009) 


Books (other) – authored 

(other), editorship, revision 

or new edition 

Campbell, S, L, Evans, A, H, Hyams, 

R, L, Dickson, J, Noone, M, Yandell, H, 

Welch, B, J & Campbell, M, F. Lawyers 

Practice Manual (Victoria). 118-121st Ed. 

Thomson Reuters / Law Book Co, Rozelle 

NSW, (2009) 

Castan, M. Alternative Law Journal. Legal 

Services Bulletin Co-op., Melbourne Vic 


Castan, M. Handbook for Interns. The 

Aurora Project, Sydney NSW Australia, 


Duns, J, C. Corporate Law. 2nd Ed. 

Oxford University Press (ANZ), South 

Melbourne Victoria, (2009) 

Freckelton, I, R & Selby, H. Expert 

Evidence: Law, Practice, Procedure and 

Advocacy. Thomson Reuters, Sydney 

NSW Australia, (2009) 

Freckelton, I, R & Selby, H. Appealing to 

the Future: Michael Kirby and His Legacy. 

Thomson Reuters, Pyrmont, NSW, 


Freckelton, I, R. Expert Evidence: Law, 

Practice, Procedure and Advocacy. 

Thomson Reuters, Sydney NSW Australia 


Joseph, S, L, Kinley, D & Waincymer, 

J, M. The World Trade Organization 


Perspectives. Edward Elgar, United 

Kingdom, (2009) 

Kneebone, S, Y. Refugees, Asylum 

Seekers and the Rule of Law. Cambridge 

University Press, Cambridge, UK, (2009) 

Lee, H, P & Gerangelos, P. Constitutional 

Advancement in a Frozen Contingent: 

Essays in Honour of George Winterton. 

The Federation Press, Leichhardt, NSW, 


McSherry, B, M, Norrie, A & Bronitt, S. 

Regulating Deviance: The Redirection of 

Criminalisation and the Futures of Criminal 

Law. Hart Publishing, Oxford, UK, (2009) 

Richards, B, Ludlow, K, A & Gibson, A. 

Tort Law in Principle. 5th Ed. Thomson 

Reuters, Pyrmont, NSW, Australia, (2009) 

Symes, C & Duns, J, C. Australian 

Insolvency Law. LexisNexis, Chatswood 

NSW, (2009) 

Waller, P, L, & Williams, C, R. Criminal 

Law: Text and Cases.11th Ed. LexisNexis, 

Chatswood NSW, (2009) 

Wilson, E. Government of the Shadows: 

Parapolitics and Criminal Sovereignty. 

Pluto Press, New York, USA, (2009) 

Woellner, R, Barkoczy, S, L, Murphy, S & 

Evans, C, C. Australian Taxation Law.19th 

Ed. CCH Australia Ltd, Sydney NSW 


Book Chapters 

Askola, H. ‘‘Awkward aliens’: Female 

migrants, exploitation and the trafficking 

framework’, in Helen Stalford, Samantha 

Currie and Samantha Velluti (Eds.) Gender 

and Migration in 21st Century Europe. 

Ashgate Publishing Ltd, (2009), 163-182 

Boas, G, J. ‘The case for a new appellate 

jurisdiction for international criminal law’, 

in Goran Sluiter, Sergey Vasiliev (Eds.) 

International Criminal Procedure: Towards 

a Coherent Body of Law. CMP Publishing 

Ltd., United Kingdom, (2009), 407-444 

Cantley-Smith, R. ‘Demanding more: 

The role of demand management and 

improved end use efficiency in Australian 

electricity markets’, in J. Cottrell, L.A. 

Kreiser, K. Deketelaere, H. Ashiabor 

and J.E. Milne (Eds.) Critical Issues of 

Environmental Taxation. Oxford University 

Press, London UK, (2009), 439-464 

Cantley-Smith, R. ‘Environmental 

obligations in the Australian energy 

market’, in Wayne Gumley and Trevor 

Daya-Winterbottom (Eds.) Climate 

Change Law: Comparative, Contractual 

and Regulatory Considerations. Thomson 

Reuters (Professional), Pyrmont NSW 

Australia, (2009), 15-43 

Davison, M, J. ‘Cadbury Schweppes v 

Pub Squash: What is all the fizz about?’, 

in Andrew Kenyon, Megan Richardson, 

Sam Ricketson (Eds.) Landmarks in 

Australian Intellectual Property Law. 

Cambridge University Press, Port 

Melbourne Victoria, (2009), 126-141 

De Zwart, M, J & Lindsay, D, F. 

‘Governance and the global metaverse’, 

in Daniel Riha & Anna Maj (Eds.) The 

Real and the Virtual: Critical Issues in 

Cybercultures. Inter-disciplinary Press, 

Freeland Oxfordshire UK, (2009), 173-182

Duns, J, C & Mason, R. ‘Debt agreements 

down under’, in Johanna Niemi, Iain 

Ramsay and William C. Whitford (Eds.) 

Consumer Credit, Debt and Bankruptcy. 

Hart Publishing, Portland USA, (2009), 

355-374 

Emerton, P, C. ‘International economic 

justification: Is a principled liberalism 

possible?’, in Sarah Joseph, David Kinley 

and Jeff Waincymer (Eds.) The World 

Trade Organization and Human Rights: 

Interdisciplinary Perspectives. Edward 

Elgar, Cheltenham, UK, (2009), 133-161 

Freckelton, I, R. ‘Health law and bioethics’, 

in Ian Freckelton and Hugh Selby (Eds.) 

Appealing to the Future: Michael Kirby and 

His Legacy. Thomson Reuters, Pyrmont, 

NSW, Australia, (2009), 421-472 

Freckelton, I, R. ‘Non-disciplinary 

pathways in practitioner regulation’, 

in Judith Healy and Paul Dugdale 

(Eds.) Patient Safety First: Responsive 

Regulation in Health Care. Allen & Unwin, 

Crows Nest, NSW 2065, (2009), 167-191 

Gerber, P. ‘Scientific experimentation on 

animals: Are Australia and New Zealand 

implementing the 3Rs’ in Peter Sankoff 

and Steven White (Eds.) Animal Law 

in Australasia. The Federation Press, 

Leichhardt NSW, (2009), 212-229 

Goldsworthy, J, D. ‘Original meanings 

and contemporary understandings in 

constitutional interpretation’, in HP Lee 

and Peter Gerangelos(Eds.) Constitutional 

Advancement in a Frozen Continent: 


The Federation Press, Leichhardt NSW, 

(2009), 245-267 

Horrigan, B, T. ‘21st century legal and 

regulatory developments on corporate 

social responsibility and SMEs’, in Guler 

Aras, David Crowther and Stella Vettori 

(Eds.) Corporate Social Responsibility in 

SMEs. Social Responsibility Research 

Network, Leicester, UK, (2009) 15-60 

James, K, A. ‘We of the ‘Never Ever’: The 

history of the introduction of a goods and 

services tax in Australia from 1970 to 2005’, 

in John Tiley (Eds.) Studies in the History of 

Tax Law, Volume 3. Hart Publishing, United 

Kingdom, (2009), 139-174 

Joseph, S, L. ‘Democratic deficit, 

participation and the WTO’, in Sarah 

Joseph, Jeff Waincymer, David Kinley 

(Eds.) The World Trade Organisation 


Perspectives. Edward Elgar Publishing 

Ltd, Cheltenham UK, (2009), 313-343 

Joseph, S, L. ‘Trade and the right to 

health’, in Andrew Clapham, Mary 

Robinson, Claire Mahon and Scott Jerbi 

(Eds.) Realizing the Right to Health. 

Rueffer and Rub sachbuchverlag, Zurich 

Switzerland, (2009), 359-367 

Kneebone, S, Y. ‘Trois figures de la 

femme: actrice, victime et réfugiéé. 

Contribution au débat sur la traite 

des personnes’, in Francois Crepeau, 

Delphine Nakache at Idil Atak (Eds.) 

Les migrations internationales 

contemporaines: Une dynamique 

complexe aucoeur de la globalisation. 

Montreal University Press, Montreal, 

Canada, (2009), 39-69 

Kneebone, S, Y. ‘The Australian story: 

Asylum seekers outside the law’, in 

Susan Kneebone (Eds.) Refugees, 

Asylum Seekers and The Rule of Law: 

Comparative Perspectives. Cambridge 

University Press, Cambridge, UK, (2009), 

171-227 

Kneebone, S, Y. ‘The rule of law and 

the role of law: Refugees and asylum 

seekers’, in Susan Kneebone (Eds.) 

Refugees, Asylum Seekers and the Rule 

of Law: Comparative Perspectives. 

Cambridge University Press, Cambridge, 

UK, (2009), 32-77 

Kneebone, S, Y. ‘Conclusion on the 

rule of law’, in Susan Kneebone (Eds.) 

Refugees, Asylum Seekers and the Rule 

of Law: Comparative Perspectives. 

Cambridge University Press, Cambridge, 

UK, (2009), 281-309 

Kneebone, S, Y. ‘Introduction: Refugees 

and asylum seekers in the international 

context – rights and realities’, in 

Susan Kneebone (Eds.) Refugees, 



University Press, Cambridge, UK, (2009), 

1-31 

Lee, H, P. Salus Populi Suprema 

Lex Esto: Constitutional fidelity in 

troubled times, in H.P. Lee and Peter 

Gerangelos(Eds.) Constitutional 

Advancement in a Frozen Continent: 


The Federation Press, Leichhardt, NSW, 


Malbon, J, E. ‘Judicial values’, in Ian 

Freckelton and Hugh Selby (Eds.) 

Appealing to the Future: Michael Kirby 

and His Legacy. Thomson Reuters, 

Pyrmont, NSW, Australia, (2009), 579-606 

Malsch, M & Freckleton, I. ‘Legal evidence 

and proof: Statistics, stories, logic’, in 

Hendrik Kaptein, Henry Prakken and Bart 

Verheij (Eds.) The Evaluation of Evidence: 

Differences between Legal Systems. 

Ashgate, Surrey UK, (2009), 117-134 

McSherry, B, M. ‘Expanding the 

boundaries of inchoate crimes: The 

growing reliance of preparatory offences’, 

in Bernadette McSherry, Alan Norrie and 

Simon Bronitt (Eds.) Regulating Deviance: 

The Redirection of Criminalisation and the 

Futures of Criminal Law. Hart Publishing, 

Oxford, UK, (2009) 141-164 

McSherry, B, M, Norrie, A & Bronitt, S. 

‘Regulating deviance: The redirection of 

criminalisation and the futures of criminal 

law’, in Bernadette McSherry, Alan Norrie 

and Simon Bronitt (Eds.) Regulating 

Deviance: The Redirection of Criminalisation 

and the Futures of Criminal Law. Hart 

Publishing, Oxford, UK, (2009), 3-10 

McSherry, B, M. ‘Criminal law’, in Ian 

Freckelton and Hugh Selby (Eds.) 

Appealing to the Future: Michael Kirby 

and His Legacy. Thomson Reuters, 

Pyrmont, NSW, Australia, (2009), 291-311 

Monotti, A, L. ‘Commercialization of 

university research and free diffusion – 

what does experience show works best 

in and for Australia?’, in Christopher 

Arup and William van Caenegem (Eds.), 

Intellectual Property Policy Reform: 

Fostering Innovation and Development. 

Edward Elgar Publishing Ltd, Cheltenham 

UK, (2009) 221-249 

Nagtzaam, G, J. ‘Environmental 

exploitation: An analysis and taxonomy’, 

in Liam Leonard and John Barry (Eds.) 

Advances in Ecopolitics. Volume 4. The 

Transition to Sustainable Living and 

Practice. Emerald Group Publishing 

Limited, United Kingdom, (2009), 101- 

116 

O’Connor, P, A. ‘The extension of land 

registration principles to new property 

rights in environmental goods’ in Martin 

Dixon (Eds.) Modern Studies in Property 

Law Vol 5. Hart Publishing, Oxford UK 

and Portland Oregon, (2009), 363-385 

O’Sullivan, M, J. ‘The Interaction between 

the international, the regional and the 

domestic: Seeking asylum in the UK’, 

in Susan Kneebone (Eds.) Refugees, 



University Press, Cambridge UK, (2009), 

228-280 


15 Publications 2009 

Pryles, M & Waincymer, J, M. ‘Multiple 

claims in arbitration between the same 

parties’, in Albert Jan van den Berg (Eds.) 

International Council for Commercial 

Arbitration Congress Series No. 14, 50 

Years of the New York Convention, ICCA 

International Arbitration Conference. 

Kluwer Law International, The 

Netherlands, (2009), 437-499 

Waincymer, J, M. ‘Balancing property 

rights and human rights in expropriation’, 

in Pierre-Marie Dupuy, Francesco 

Francioni and Ernst-Ulrich Petersmann 

(Eds.) Human Rights in International 

Investment Law and Arbitration. Oxford 

University Press, United Kingdom, (2009), 

275-309 

Waincymer, J, M. ‘Settlement of disputes 

under free trade agreements’, in Sisira 

Jayasuriya, Donald Mclean and Gary 

Magee (Eds.) Negotiating a Preferential 

Trading Agreement: Issues, Constraints and 

Practical Options. Edward Elgar Publishing, 

Cheltenham UK, (2009), 192- 218 

Waincymer, J, M. ‘The trade and 

human rights debate: Introduction to 

an interdisciplinary analysis’, in Sarah 

Joseph, David Kinley and Jeff Waincymer 

(Eds.) The World Trade Organization 


Perspectives. Edward Elgar, United 

Kingdom, (2009), 1-38 

Webster, L, L, Smith, L, Mertova, P & 

Styles, K. ‘Research-Led Curriculum 

Redesigned for Personalised Learning 

Environments: A Case Study in the 

Faculty of Information Technology’, 

in J O’Donoghue (Eds.) Technology 

Supported Environment for Personalised 

Learning: Methods and Case Studies. 

Idea Group Inc, Hershey, PA, USA, 

(2009), 235-247 

Wilson, E. ‘Deconstructing the shadows’, 

in Eric Wilson (Eds.) Government of the 

Shadows: Parapolitics and Criminal 

Sovereignty. Pluto Press, New York, USA, 

(2009), 13-55 

Wilson, E. ‘The VOC, Corporate 

Sovereignty and the Republican Sub-Text 

of De iure praedae’, in Hans W. Blom 

(Eds.) Property, Piracy and Punishment: 

Hugo Grotius on War and Booty in De 

iure praedae. Brill, The Netherlands (2009) 

Witzleb, N. ‘15.3 Contribution, 

Subrogation and Marshalling’, in Michael 

Kirby (Eds.) The Laws of Australia. 




Witzleb, N. ‘15.5 Declarations’, in Michael 

Kirby (Eds.) The Laws of Australia. 



Book Chapters (Other) 

Alexander, R. ‘Family Violence’, in Carmen 

Harbour (Eds.) The Law Handbook 2010, 

4th Ed. Fitzroy Legal Service, Fitzroy Vic 


Alexander, R. ‘Family Violence’, in 

Susan Cambpell (Eds.) Springvale Legal 

Service’s Lawyer’s Practice Manual 

Victoria. Thomson-Reuters, Australia, 

(2009), 1-70 

Freckelton, I, R. ‘Complaints against the 

Victorian Police’, in Carmen Harbour 

(Eds.) The Law Handbook 2010. Fitzroy 

Legal Service, Fitzroy, Vic, Australia, 

(2009) 889-895 

Hodge, G & Bowman, D, M. 

‘Nanotecnologia: la cartografia de las 

salvajes fronteras de reglamentacion’, 

in Jorge E Celebro Moreno (Eds.) 

Neuvas Fronteras de La Regulacion, 

Traformacion y diseno institucional, Jaun 

Pablos Editor, Universidad Autonoma 

metropolitanaJuan, (2009), 219-252 

Hodge, G. ‘Privatisation’, in Philip 

Anthony O’Hara (Eds.) International 

Encyclopedia of Public Policy. Global 

Political Economic Research Unit, Perth 

WA Australia, (2009), 545-560 

Hodge, G. ‘Accountability’, in Philip 

Anthony O’Hara (Eds.) International 

Encyclopedia of Public Policy. Global 

Political Economy Research Unit, Perth 

WA Australia, (2009), 1-17 

Journal Articles 

(Fully Refereed)* 

Ball, R. ‘Doing it quietly: The World Bank’s 

engagement with human rights’ (2009) 

34(2) Monash University Law Review 

331-369 

Barkehall Thomas, S J. ‘Thieves as trustees: 

The enduring legacy of Black v S Freedman 

& Co Ltd’ (2009) 3(1) Journal of Equity 52-71 

Barkehall Thomas, S J., 2009, 

‘Proprietary responses to voidable 

contracts: A misconceived analysis’ 

(2009) 25(3) Journal of Contract Law 

272-290 

Boas, G J. ‘Trying tyrants for mass 

atrocity’ (2009) 34(2) Alternative Law 


Bowman, D M & Ludlow, K A. ‘Filling the 

information void: Using public registries 

as a tool in nanotechnologies regulation’ 

(2009) 6(1) Journal of bioethical inquiry 

25-36 

Bowman, D M & Hodge, G. ‘Counting on 

codes: an examination of transnational 

codes as a regulatory governance 

mechanism for nanotechnologies’ (2009) 

3 Regulation & Governance 145-164 

Bruckard, D & McSherry, B M. ‘Mental 

health laws for those “compliant” with 

treatment’ (2009) 17(1) Journal of law and 

medicine 16-21 

Campbell, E M., ‘The quit rent system in 

colonial New South Wales’ (2009) 35(1) 

Monash University Law Review 32-44 

Campbell, C D. ‘Monopoly power as 

public power for the purposes of judicial 

review’ (2009) 125(July 2009) Law 

Quarterly Review 491-521 

Campbell, C D. ‘The nature of power as 

public in English judicial review’ (2009) 

68(1) The Cambridge law journal 90-117 

Christensen, S, O’Connor, P A, 

Duncan, W D & Ashcroft, R. ‘Early land 

grants and reservations: Any lessons 

from the Queensland experience for 

the sustainability challenge to land 

ownership?’ (2009) 15(2008) James Cook 

University Law Review 42-66 

Cousins, D C & Fels, A. ‘The reemergence 

of prices surveillance’ (2009) 15(1) 

University of New South Wales Law 

Journal 46-59 

Cullen, M & McSherry, B M. ‘Without sex: 

Slavery, trafficking in persons and the 

exploitation of labour in Australia’ (2009) 

34(1) Alternative Law Journal 4-10 

Davison, M J. ‘Parallel importing: Who’s 

using what when and what happens 

then?’ (2009) 20(2) Australian Intellectual 

Property Journal 71-79 

Emerton, P C & Handfield, T. ‘Order and 

affray: Defensive privileges in warfare’ 

(2009) 37(4) Philosophy & Public Affairs 

382-414 

Freckelton, I R. ‘Compensation 

applications require a watching brief’ 

(2009) 83(10) Law Institute Journal 40-43 

Freckelton, I R & List, D. ‘Asperger’s 

disorder, criminal responsibility and 

criminal culpability’ (2009) 16(1) 

Psychiatry, Psychology and Law 16-40

Freckelton, I R. ‘Regulation of health 

practitioners by trade practices and fair 

trading legislation’ (2009) 16(1) Journal of 

law and medicine 574-579 

Freckelton, I R. ‘Food law: Challenges 

and future directions’ (2009)14 (2) Deakin 

Law Review, 219-232 

Freckelton, I R. ‘Opening a new page’ 

(2009) 83(6) Law Institute Journal 29-33 

Freiberg, A & Moore, V. ‘Disbelieving 

suspense: Suspended sentences of 

imprisonment and public confidence in 

the justice system’ (2009) 42(1) Australian 

and New Zealand Journal of Criminology 

101-122 

Gay, R & Duns, J C. ‘Completing the 

pensions task: Infrastructure for nationally 

coordinated private schemes (2009) 13(1) 

Journal of Economic and Social Policy 

1-8 

Gerber, P. ‘Making indigenous Australians 

disappear: Problems arising from our 

birth registration systems’ (2009) 34(3) 

Alternative Law Journal 157-162 

Gerber, P. ‘Making visible the problem 

of invisibility’ (2009) 83(10) Law Institute 

Journal 52-55 

Gerber, P. ‘How to stop engineers 

from becoming bush lawyers: The art 

of teaching law to engineering and 

construction students’ (2009) 1(4) Journal 

of Legal Affairs and Dispute Resolution in 

Engineering and Construction 179-188 

Giblin, R K. ‘The uncertainties, baby: 

Hidden perils of Australia’s authorisation 

law’ (2009) 20(3) Australian Intellectual 

Property Journal 148-177 

Goldsworthy, J D. ‘Constitutional 

interpretation: Originalism’ (2009) 4 (4) 

Philosophy Compass 682-702 

Goldsworthy, J D. ‘Justice Windeyer on 

the engineers case’ (2009) 37(3) Federal 

Law Review 363-374 

Groves, M N. ‘As the Court Wills’ (2009) 

83(10) Law Institute Journal 36-39 

Groves, M N. ‘The rule against bias’ 

(2009) 39(2) Hong Kong Law Journal 

485-514 

Gray, S & Royan, N. ‘The blogger prince 

and the cultured Mongolian: Sedition 

prosecutions in the modern Malaysian 

state’ (2009) 14(4) Media and Arts Law 


Groves, M N. ‘The differing and 

disappearing standards of judicial review 

in Canada’ (2009) 16(4) Australian Journal 

of Administrative Law 211-230 

Harder, S. ‘The exculpation of repudiating 

parties by a right to terminate the 

contract’ (2009) 2009(7) Journal of 

Business Law 679-696 

Harder, S. ‘Medical non-disclosure and 

hypothetical consent’ (2009) 20(3) King’s 

Law Journal 435-455 

Hodge, G & Greve, C. ‘PPPs: The 

passage of time permits a sober 

reflection’ (2009) 29(1) Economic Affairs 

33-39 

Joseph, S L. ‘Human rights and the WTO: 

Issues for the Pacific’ (2009) 40(1) Victoria 

University of Wellington Law Review 351- 

367 

Kells, S & Hodge, G. ‘Performance 

auditing in the public sector: 

Reconceptualising the task’, (2009) 

15(2) Journal of Contemporary Issues in 

Business and Government 33-60 

Kyriakakis, J. ‘Corporate criminal liability 

and the ICC Statute: The comparative 

challenge’ (2009) 56(3) Netherlands 

International Law Review 333-366 

Lansdell, G T. ‘Have we ‘pushed the boat 

out too far’ in providing online practical 

legal training? A guide to best practices 

for future programs’ (2009) 19(1) Legal 


Ludlow, K A. ‘The readiness of 

Australian food regulation for the use 

of nanotechnology in food and food 

packaging’ (2009) 26(2) University of 

Tasmania Law Review 177-203 

Ludlow, K A, Bowman, D M & Kirk, D 

D. ‘Hitting the mark or falling short with 

nanotechnology regulation?’ (2009) 27(11) 

Trends in Biotechnology 615-620 

Mackay, S. ‘Food advertising and 

obesity in Australia: To what extent can 

self-regulation protect the interests of 

children?’ (2009) 35(1) Monash University 

Law Review 118-146 

McLeod, G & +McLeod, A. ‘The 

importance and nature of the presumption 

in favour of private property’ (2009) 15(2) 

Local Government Law Journal 97-106 

McSherry, B M. ‘Hospital orders for 

offenders with mental illnesses: An 

appropriate diversionary option?’ (2009) 

16(4) Journal of law and medicine 568- 573 

Middleton, S L & Buist, M. ‘Sperm 

removal and dead or dying patients: A 

dilemma for emergency departments and 

intensive care units’ (2009) 190(5) Medical 

Journal Of Australia 244-246 

Monotti, A L. ‘The Australian experimental 

use exemption: A current overview’ 

(2009) 12(5) Journal of World Intellectual 

Property 422-445 

Murray, S L. ‘Keeping it in the 

neighbourhood? Neighbourhood courts 

in the Australian context’ (2009) 35(1) 


Naylor, B G & Saunders, B J. ‘Whose 

rights? Children, parents and discipline’ 

(2009) 34(2) Alternative Law Journal 

80-85 

Nagtzaam, G J. ‘The International Whaling 

Commission and the elusive great white 

whale of preservationism’ (2009) 33(2) 

William and Mary Environmental Law and 

Policy Review 375-447 

O’Connor, P A. ‘Immediate indefeasibility 

for mortgagees: A moral hazard?’ (2009) 

21(2) Bond Law Review 133-158 

O’Connor, P A. ‘Deferred and immediate 

indefeasibility: Bijural ambiguity in 

registered land systems’ (2009) 13(2) 

Edinburgh Law Review: an international 

forum for the discussion of law 194-223 

Paterson, M R. ‘Surveillance in public 

places and the role of the media: 

Achieving an optimal balance’ (2009) 

14(3) Media and Arts Law Review 241- 

254 

Paterson, J M. ‘Implied fetters on the 

exercise of discretionary contractual 

powers’, Monash University Law Review 

(2009) 35(1) 45-73 

Pittard, M J. ‘The contract of employment 

and inventions: legal principles for fleshing 

out duties by implying terms’, (2009) 15(8) 

Employment Law Bulletin 124-128 

Powles, G, ‘Accommodation monarchy 

and representative government: Tonga’s 

political reform process’ (2009) 24 (3) 

Pacific Economic Bulletin 140-147 

Rangarajan, S & McSherry, B M. ‘To 

detain or not to detain: a question of 

public duty?’ (2009) 16(2) Psychiatry, 

Psychology and Law 288-302 

Rodrick, S P. ‘Accessing 

telecommunications data for national 

security and law enforcement purposes’ 

(2009) 37(3) Federal Law Review 375-415 


15 Publications 2009 

Sifris, A R & Gerber, P. ‘Jack & Jill or Jack 

& Bill: The case for same-sex adoption’ 

(2009) 34(3) Alternative Law Journal 168- 

172 

Sifris, A R & +Sifris, R. ‘Two by two – 

Victoria’s relationships register’ (2009) 

83(1/2) Law Institute Journal 50-53 

Sifris, A R., ‘The legal recognition of 

lesbian-led families: justifications for 

change’ (2009) 21(2) Child and Family 

Law Quarterly 197-229 

Spagnolo, L. ‘The Last outpost: 

Automatic CISG opt outs, misapplications 

and the costs of ignoring the Vienna sales 

convention for Australian lawyers’, (2009) 

10(1) Melbourne Journal of International 

Law 141-216 

Spagnolo, L. ‘A Glimpse through the 

kaleidoscope: Choices of law and the 

CISG (Kaleidoscope Part I)’ (2009) 13(1) 

The Vindobona Journal of International 

Commercial Law and Arbitration 135-156 

Spagnolo, L. ‘Rats in the kaleidoscope: 

Rationality, irrationality and the economics 

& psychology of opting in and out of the 

CISG (Kaleidoscope part II)’ (2009) 13(1) 

The Vindobona Journal of International 

Commercial Law and Arbitration 157-178 

Stephensen, M, Morse, B, Robertson, L & 

Castan, M. ‘International and comparative 

indigenous rights via videoconferencing’ 

(2009) 19(2) Legal Education Review 

238-255 

Taylor, G. ‘Germany: A slow death for 

subsidiarity?’ (2009) 7(1) International 

Journal of Constitutional Law 139-154 

Taylor, G. ‘Parallel statutes: Another look 

at the origins of Australia’s not-for-profit 

associations legislation’ (2009) 30(1) 

Adelaide Law Review 57-83 

Taylor, G. ‘Torrens’ Contemporaneous 

Antipodean Simulacrum’ (2009) 49(4) 

American Journal of Legal History 392- 

437 

Taylor, G. ‘Ulrich Hubbe’s doctoral thesis 

– A note on the major work of an unusual 

figure in Australian legal history’ (2009) 

13(1) Legal History 123-155 

Taylor, G. ‘The Torrens System in Nova 

Scotia and New Brunswick’, (2009) 16(3) 

Australian Property Law Journal pp175- 

199 


Villaroman, N. ‘The loss of sovereignty: 

How international debt relief mechanisms 

undermine economic self-determination’ 

(2009) 2(4) Journal of Politics and Law 

3-16 

Villaroman, N. ‘To kill or not to kill: The 

legality of targeting a country’s leader 

under the law of armed conflict’ (2009) 

34(1) The IBP Journal: Integrated Bar of 

the Philippines 101-113 

Waincymer, J M. ‘Sovereign risk and 

investment protection’ (2009) 28(2) 

Australian Resources and Energy Law 


Waincymer, J M. ‘International commercial 

arbitration and the application of 

mandatory rules of law’ (2009) 5(1) Asian 

International Arbitration Journal 1-45 

Webster, L L & Mertova, P. ‘The Academic 

voice in English and Czech higher 

education quality’ (2009) 17(2) Quality 

Assurance in Education 140-155 

Weller, P J. ‘Human rights and social 

justice: The Convention on the Rights of 

Persons with Disabilities and the quiet 

revolution in international law’ (2009) 4 

Public Space: the Journal of Law and 

Social Justice 74-91 

Wilson, E. ‘The republic of heterology: 

De Indis of Hugo Grotius, deconstruction 

and the political ontology of the Dutch 

Stat’ (2009) 3 Journal of the Philosophy of 

International Law 57-76 

Witzleb, N. ‘Justifying gain-based 

remedies for invasions of privacy’ (2009) 

29(2) Oxford Journal of Legal Studies 

325-363 

Witzleb, N & Carroll, R. ‘The role of 

vindication in tort damages’ (2009) 17(1) 

Tort Law Review 16-44 

Witzleb, N. ‘Giller v Procopets: Australia’s 

privacy protection shows signs of 

improvement’ (2009) 17(2) Torts Law 


Witzleb, N. ‘Engaging with the world: 

Students of comparative law write 

for Wikipedia’ (2009) 19(1&2) Legal 


Witzleb, N & Skead, N. ‘A bottom-up 

approach to developing LLB course 

outcomes and an integrated curriculum’ 

The Law Teacher (2009) 43(1) 62-81 

Zukerman, W. ‘Genetic discrimination in 

the workplace: Towards legal certainty in 

uncertain times’ (2009) 16(5) Journal of 


Journal Articles – 

other – refereed 

Davison, M J. ‘Australia: Facebook for 

serving legal documents’ (2009) 10(1) 

Computer Law Review International 30-31 

Davison, M J. ‘Australia: Copyright 

protection for databases’ (2009) 10(3) 

Computer Law Review International 93-95 


non – refereed 

Barkoczy, S L & Edmundson, P. 

‘Australasian and South East Asian 

venture capital tax expenditure programs’ 

(2009) 37(1) International Tax Review 

Intertax 56-73 

Bartlett, G & Pittard, M J. ‘Genuinely 

trying to reach agreement: The 

relationship with good faith bargaining’ 

(2009) 15(7) Employment Law Bulletin 

106 

Boas, G J. ‘Moving from Milosovic’ 

(2009) 75 The European Lawyer 54-56 

Alexander, R. ‘Behind closed doors: 

Family violence cases under the Family 

Law Act outlined and analysed’ (2009) 

20(4) Australian Family Lawyer 1-12 

Catanzariti, J & Pittard, M J. ‘Changing 

terrain: developments in good faith 

bargaining under the Fair Work Act’ 


104-105 

Pittard, M J. ‘Legislations to refer 

employers and employees in state 

systems to federal fair work system’ 


89-90 

Smith, G & Pittard, M J. ‘Modernised 

awards and operational dates’ (2009) 

15(7) Employment Law Bulletin 109-110 

Van Calster, G & Bowman, D M. 


Spaghetti junction or Bauhaus principles 

for regulating innovative cosmetic 

products’ (2009) 25 (94) Notizie di Politeia 

75-93


letter or note 

Bowman, D M. ‘Response’ (2009) 6 

Journal of bioethical inquiry 141-143 

Witzleb, N. ‘Federal Government Acts’ 

(2009) 34 Alternative Law Journal 280 

Davison, M J & Di Giantomasso, F. ‘Use 

as a trade mark: Avoiding confusion 

when considering dilution’ (2009) 31(9) 

European Intellectual Property Review 

443-447 

Duns, J C. ‘The International freight cartel 

cases and Australian markets’ (2009) 

17(4) Trade Practices Law Journal 272- 

275 

Emerton, P C. ‘Comment on law and 

irresponsibility’ (2009) 34 Australian 

Journal of Legal Philosophy 234-240 

Freckelton, I R. ‘Medical murder: 

Disturbing cases of doctors who kill’ 

(2009) 17(3) Journal of law and medicine 

462-464 

Freckelton, I R. ‘Vexatious litigant law 

reform’ (2009) 17 Journal of law and 


Freckelton, I R. ‘Competence in the law: 

from legal theory to clinical approach’ 

(2009) 16 (1) Psychiatry, Psychology and 


Freckelton, I R. ‘Interrogations, 

forced feedings and the role of health 

professionals’ (2009) 16(3) Psychiatry, 

Psychology and Law 473-475 

Freckelton, I R. ‘Voluntary madness: 

My year lost and found in the loony bin’ 

(2009) 16 (3) Psychiatry, Psychology and 


Freckelton, I R. ‘Forensic issues in mental 

health displayed in art’ (2009) 16 (1) 

Psychiatry, Psychology and Law 1-6 

Freckelton, I R. ‘The curious incident of 

the dog in the night-time’ (2009) 16(1) 

Psychiatry, Psychology and Law, 163-164 

Freckelton, I R. ‘Doctor-patient privilege’ 


309-313 

Freckelton, I R. ‘Health law’s 

kaleidoscope: health law rights in a global 

age’ (2009) 16(4) Journal of law and 


Freckelton, I R. ‘Bioethics, biopolitics and 

medical regulation: learning from the Nazi 

doctor experience’ (2009) 16(4) Journal of 


Freckelton, I R. ‘Conceiving life: 

Reproductive politics and the law in 

contemporary Italy’ (2009) 16(5) Journal 

of law and medicine 905-906 

Freckelton, I R. ‘Safeguarding 

thevulnerable in custody’ (2009) 17(2) 

Journal of law and medicine 157-164 

Freckelton, I R. ‘Disputed family claims to 

bury or cremate the dead’, Journal of law 

and medicine (2009) 17 (2) 178-183 

Freckelton, I R. ‘Speaking for the dead: 

The human body in biology and medicine’ 


297-298 

Freckelton, I R. ‘The secret scripture’ 


147-148 

Hyams, R L. ‘Book review: Nadine Behan, 

How to Run Your Own Court Case: A 

Practical Guide to Representing Yourself 

in Australian Courts and Tribunals’ (2009) 

35(1) Monash University Law Review 

187-189 

Taylor, G. ‘Book Review: Peter Boyce, 

The Queen’s Other Realms’ (2009) 83(10) 

Law Institute Journal 73 

Taylor, G. ‘Book review: Australian 

Federalism through German eyes’ (2009) 

11(1&2) Constitutional Law & Policy 


Taylor, G. ‘Book Review: Nicholas Aroney, 

Scott Prasser and John Nethercote (eds), 

Restraining Elective Dictatorship: The 

Upper House Solution?’, (2009) 35(2) 


Witzleb, N. ‘Surveillance in public places’ 

(2009) 34 Alternative Law Journal 135 

Minor Reviews 

Hodge, G. ‘Privatisation’ (2009) The 

Oxford Companion to Australian Politics, 

Oxford University Press, Melbourne 

Victoria, pp465-467 

Wheelwright, K L. ‘Mcallum’s top 

workplace relations cases’ (2009) 35(1) 


Wheelwright, K L. ‘Macken’s Law of 

Employment’ (2009) 83(8) Law Institute 

Journal 68-69 

Conference Publications 

(fully refereed)* 

Cantley-Smith, R. ‘Regulatory uncertainty 

in the NEM: Sustainable decision making 

and climate change law’, in Rowena 

Cantley Smith and Diana Bowman (Eds.), 

Green Power: An Environmental Audit of 

the NEM, Green Power: An Environmental 

Audit of the NEM, 9th May 2008, Monash 

Centre for Regulatory Studies and 

Consumer Utilities Advocacy Centre, 

Research Publications, Melbourne Victoria 

Australia, (2009) pp 53-82 

Cantley-Smith, R. ‘Greening the NEM: 

Environmental managing demand and 

improved energy efficiency’, in Rowena 

Cantley-Smith and Diana Bowman(Eds.), 



Audit of the NEM, 9th May 2008, 

Monash Centre for Regulatory Studies 

and Consumer utilities Advocacy Centre, 


Australia, (2009) pp119-140 

Cantley-Smith, R. ‘Green supply: The 

renewable energy market’, in Rowena 

Cantley-Smith and Diana Bowman(Eds.), 








Cantley-Smith, R. ‘How green is the 

NEM? The environment and the national 

electricity market’, in Rowena Cantley- 

Smith and Diana Bowman(Eds.), Green 

Power: An Environmental Audit of the 

NEM, Green Power: An Environmental 






Cantley-Smith, R. ‘Energy and the 

environment: International and Australian 

perspectives’, in Rowena Cantley-Smith 

and Diana Bowman(Eds.), Green Power: 

An Environmental Audit of the NEM, 


the NEM, 5th May 2008, Monash Centre 

for Regulatory Studies and Consumer 

Utilities Advocacy Centre, Research 

Publications, Melbourne Victoria Australia, 

(2009) pp9-18 


Conference Publications 

(other) and public 

presentations 

England, L, M. & Lester, A. ‘2009 

Transition Initiatives in the Monash Law 

School Curriculum’, The 2009 Monash 

Transition Retention and Progression 

Forum, 9-10 December 2009, Monash 

University, Clayton Campus 

England, L, M. & Beaconsfield, M. 

‘Peermentorientation at Monash Law 

School’, The 2009 Monash Transition 

Retention and Progression Forum, 9-10 

December 2009, Monash University, 

Clayton Campus 

England, L, M. ‘Recruitment Anthropology 

– The 3 Golden Keys of Hiring, Accessing 

the Hidden Job Market and Comparisons 

with the ‘Wantok’ Culture of P.N.G.’, 

2009 Monash Employability Symposium, 

28 September 2009, Monash University, 

Clayton Campus 

James, K, A. ‘Antagonism and 

acceptances: Case studies of 

consumption tax’, in Reform in Australia, 

Canada and the US, Public perceptions, 

7th July 2009, Institute of Chartered 

Accountants, Canberra ACT Australia, 

Canberra Australia (2009) 

James, K, A. ‘The politics of tax reform: 

A comparative analysis of the adoption 

of value added taxes in Australia, 

Canada and the United States’, in Assaf 

Likhovsky, Tsilly Dagan, Yoram Margalioth 

and Rick Krever(Eds.), Comparative Tax 

Law and Culture, 8th June 2009, Faculty 

of Business and Economics, Monash 

University Prato Italy (2009) 


Expert Commentary 

Debeljak, J, F. ‘Submission to the national 

human rights consultation’, incorporated 

as part of a Government submission, 

Published by Castan Centre for Human 

Rights, Monash University, 15th June 


Debeljak, J, F, Kneebone, S, Y, +Cullen, 

M & Ransom, M, A. Submitted a 

background paper for workshop, 

Published by Castan Centre for Human 

Rights, Monash University, 1-39, 9th 

September 2009 titled ‘The legislative 

framework for combating trafficking in 

persons’ 

Freckelton, I, R & Selby, H. Expert 

commentary in (2009) 16 Psychiatry, 

Psychology and Law 1-12, 1st January 

2009 titled ‘Compensability for suicide: 

A Causation dilemma’ 

Freckelton, I, R. Expert commentary, 

in (2009) 16(2) Psychiatry, Psychology 

and Law 191-195, titled ‘Mandatory 

procedures and fairness in mental 

impairment hearings’ 

Freckelton, I, R. Expert commentary in 

(2009) 16(2) Psychiatry, Psychology and 

Law 165-174, titled ‘Sentencing offenders 

with Munchausen syndrome by proxy’ 

McSherry, B, M. Interview in The Age, for 

an article appearing 16th May 2009, ‘A 

grandmother who gave comfort as Angie 

took her life’ 

Witzleb, N., Interview on SBS Radio – 

German SBS 4, Broadcasted, 46.33, 

Special Broadcasting Services, Australia 

on the14th August 2009 in a story titled 

‘EU erklart’ 

Reports and Submissions 

Campling, L, Mfodwo K & Barnes, C. 

Increasing the Benefits from Fisheries and 

Associated Sectors in the Seychelles. 

Report commissioned by the Seychelles 

Fishing Authority. Government of 

Seychelles, Campling and Associates, 

London UK (2009) 

Mfodwo K. A New Approach to Maximize 

Economic Benefits from Tuna Resources 

– Development of the Concept. A 

Report to the Forum Fisheries Agency: 

Secretariat of the Pacific Community 

(SPC) Coastal Fisheries Programme, 

Noumea, New Caledonia (2009) 

Other 

Campbell, S, L, Evans, A, H, Hyams, 

R, L, *Dickson, J, *Noone, M, Yandell, 

H, Welch, B, J, & Campbell, M, F. 

‘Lawyers Practice Manual (Victoria)’, in 

Update 118-121 of Loosleaf service for 

section 2.2 Child support and spouse 

maintenance applications; and section 

2.5 Property application under the Family 

Law Act, Thomson Reuters/Law Book 

Co, Rozelle NSW, (2009) 

McSherry, B, M, Weller, P, J & Kaempf, 

A. ‘Submission to the Community 

Consultation Panel on the Review 

of the Mental Health Act 1986 (Vic)’, 

in Submission to the Community 

Consultation Panel on the Review of the 

Mental Health Act 1986 (Vic) (No.90), 

(2009), Department of Health, State 

Government of Victoria, pp1-23 

O’Sullivan, M, J & Kaempf, A. 

‘Submission to the Commonwealth 

Parliament Inquiry into Migration 

and Disability’, in Submission to the 

Commonwealth Parliament Inquiry 

into Migration and Disability, (2009), 

Parliament of Australia, pp1-43

Appendix I 

Academic Governance Positions 

Faculty of Law 2009 

Promotions Ctee 

(Level B – C) 

ASPRO Prom & 

Selection Ctee 

Academic Staff 

Meetings 

Faculty Board 

Master Planning 

Committee 

DEAN OF LAW 

Professor Arie Freiberg 

OSP Committee 


(Level A – C) 

Professors Group 

Professional 


Executive 

Committee 

Centres/ 

Centre Diretors 

Faculty Manager 

Mr Gerard Shanahan 

Associate Dean 

(Research) 

Professor 

M Pittard/Professor 



(PG Stuidies) 


M Pittard/ 

Professor A Monotti 


(UG Stuidies) 

Associate Professor 

Pam O’Connor 

Deputy Dean 


HP Lee 

Director 

International 

Dr Jonothan Clough 

Director Equity 

Dr Brian Naylor 

Director 

Teaching 

Professor Stephen 

Barkloczy 

Section 

Managers and 

all General staff 

Convenor HDR 

Dr D Lindsay 

Convenor LLM 


J Duns and 

Professor J Malbon 

Convenor Legal 

Practice 


A Evans 

Academic 

Supervisor 

Convenor Prato 


Judd Epstein/ 


Convenor LLM 

(JD) 

Ms Oyiela Litaba 

Convenor 

Honours 

Dr Normann Witzleb 

Postgraduate 

Studies Ctee 

Convenor 

Mooting Adv 

& Dispute Res. 

Professor J Malbon 

Equity and 

Diversity Ctee 

Education 

Committee 

General Staff 

Meeting 

Research 

Committee 

Student Matters 

Sub-Ctee 

Undergraduate 

Studies Ctee 

Selection and 

Classification 

Board of Examiners 

(PG Division) 

Admissions Sub- 

Ctee of UGSC 

Space Allocation 

Committee 

Advisory Panels 

Law School 

Liaison Ctee 

Section Managers 

Group 

Board of Examiners 

(UG Division) 


Appendix II 

Prize Winners 2009 


Prize Won Supporter First Name Surname 

County Court of Victoria Prize for Comparative Criminal Law County Court of Victoria Kezia Adams 

Monash Law School Prize for Consumer Law Monash Law School Rifaa Al-Harthy 

Sir Charles Lowe Prize for the Best Senior Advocate Sir Charles Lowe Trust Karen Allardice 

Clayton Utz Prize for Torts A Clayton Utz Andrew Asten 

Arnold Bloch Leibler Prize for Taxation Law Arnold Bloch Leibler Bradley Barr 

Sir Owen Dixon Prize for International Law Supported by the International Commission of 

Jurists – Victoria 



International Commission of Jurists 

(Victoria) 


(Victoria) 

William Bartley 

Sally-Ann Bast 

Arnold Bloch Leibler Prize for Insolvency Arnold Bloch Leibler Jacqueline Bastiani 

Monash Law School Prize for the Best Junior Advocate Monash Law School Michael Beaconsfield 

Australian Advocacy Institute Prize for the Vis Arbitration Moot Australian Advocacy Institute Keren Benjamin 

Kumar Amarasekara Prize for Criminal Law Supported by the Kumar Amarasekara 

Bequest 

Kumar Amarasekara Bequest Jason Bernard 

County Court of Victoria Prize for Negotiation and Mediation Law County Court of Victoria Aviva Berzon 

Supreme Court Prize for Best Honours Student Supreme Court of Victoria Natalia Blecher 

Supreme Court Exhibition Prize for Best Honours Thesis Supreme Court of Victoria Natalia Blecher 

LexisNexis Prize for Administrative Law LexisNexis Natalia Blecher 

Monash Law School Prize for Conflict of Laws Monash Law School Merav Bloch 

Allens Arthur Robinson Prize for Corporate Governance and Shareholders Remedies Allens Arthur Robinson James Cork 

Monash Law School Prize for International Law of the Sea I: Marine Resources and 

Management 

Monash Law School Malcolm Crang 

Thomson Reuters Legal and Tax Australia Prize for Introduction to Legal Reasoning Thomson Reuters Legal and Tax Australia Elouise Davis 

Monash Law School Prize for Research Unit A & B Monash Law School Joshua Dellios 

Herbert Geer Prize for International and Comparative Trademark Law Herbert Geer Hilary Duffy 

Monash Law School Prize for Capital Markets Regulation: A Comparative Perspective Monash Law School Hilary Duffy 

Enid Campbell Prize for Constitutional Law Supported by the Victorian Government Solicitor Victorian Government Solictor Matthew Eglezos 

Monash Law School Prize for Restitution Monash Law School Daniel Patrick 

Lee 

Monash Law School Prize for Research Unit A & B Monash Law School Hugh Evans 

Department of Justice Prize for Administration of Criminal Justice Department of Justice Zehra Fikret 

Australian Finance Conference Prize for the Law of Financial Transactions Australian Finance Conference Jennifer Findlay 

Alec Masel Prize for Civil Procedure Supported by DLA Phillips Fox DLA Phillips Fox Jennifer Findlay 

Australian Advocacy Institute Prize for the Vis Arbitration Moot Australian Advocacy Institute Jennifer Findlay 

Monash Law School Prize for Research Unit A & B Monash Law School David Fixler 

Blake Dawson Prize for Contract B Blake Dawson Jenna Friedman 

Monash Law School Prize for Construction Law Monash Law School Anne Garner 

Monash Law School Prize for Professional Practice Monash Law School Anne Garner 

Monash Law School Prize for International Criminal Law Monash Law School Jedidiah Gilbert 

Monash Law School Prize for International Criminology Monash Law School Sarah Griffin 

Arnold Bloch Leibler Prize for Insolvency Arnold Bloch Leibler Timothy Guy 

Deacons Prize for International Environmental Law Deacons Tom Haines 

Monash Law School Prize for Asian Legal Systems Monash Law School Ryan Hamilton 

Elliott


Blake Dawson Prize for Law and Discrimination Blake Dawson Sophie Herreen 

Holding Redlich Prize for Law, Gender and Feminism Holding Redlich Sophie Herreen 

County Court of Victoria Prize for Current Problems in 

Criminal Law 

County Court of Victoria Rachel Hatton 

Thomson Reuters Legal and Tax Australia Prize for Torts B Thomson Reuters Legal and Tax Australia Sarah Holloway 

Freehills Prize for Equity Freehills Christopher Holmes 

Monahan + Rowell Prize for Skills, Ethics and Research B Monahan + Rowell Michael Howard 

Commonwealth Director of Public Prosecutions Prize for Federal Criminal Law (1st Prize) Commonwealth Director of Public 

Prosecutions 

Allison Jones 

Monash Law School Prize for the Jessup Moot Seminar Monash Law School Yasmine Khan 

National Australia Bank Prize for International Banking Law National Australia Bank Philip Klejn 

Department of Justice Prize for Non-adversarial Justice Department of Justice George Kosmas 

Mallesons Stephen Jaques Prize for Legal Philosophy Mallesons Stephen Jaques George Kosmas 

Monash Law School Prize for the Jessup Moot Seminar Monash Law School George Kosmas 

Monash Law School Students’ Publication Prize (1st Prize) Monash Law School Joanna Kyriakakis 

Monash Law School Prize for International Organisations Monash Law School Christopher Lane 

Peter Twining Prize for the Best Honours Thesis in Common Law Supported by DLA 

Phillips Fox 

DLA Phillips Fox Catherine Langley 

County Court of Victoria Prize for Current Problems in Criminal Law County Court of Victoria Yardena Lankri 

Hall & Wilcox Prize for Lawyers, Ethics and Society Hall & Wilcox Danny Li 

Thomson Reuters Legal and Tax Australia Prize for Media Law 1 Thomson Reuters Legal and Tax Australia Jaclyn Lontos 

Corrs Chambers Westgarth Prize for Law of Employment Corrs Chambers Westgarth Timothy Ma 

Carol Keating Prize for Criminal Law and Procedure Supported by the Office of Public 

Prosecutions 

Office of Public Prosecutions Parag Manihar 

Australian Advocacy Institute Prize for the Vis Arbitration Moot Australian Advocacy Institute David Markham 

Commonwealth Director of Public Prosecutions Prize for Federal Criminal Law (2nd Prize) Commonwealth Director of Public 

Prosecutions 

Lawrie McCredie Prize for Wills, Probate and Administration Supported by Monash Law 

School 

Elisha Marriott 

Monash Law School Jerome Martin 

Thomson Reuters Legal and Tax Australia Prize for Contemporary Workplace Relations Law Thomson Reuters Legal and Tax Australia Penelope Mason 

Monash Law School Prize for Capital Markets Regulation: A Comparative Perspective Monash Law School Timothy McDonald 

Holding Redlich Prize for International Human Rights Holding Redlich Angus McLeod 

Monash Law School Prize for Modern European Civil Codes: Comparative Tort Monash Law School Annika Memery 

Davies Collison Cave Prize for Biotechnology and the Law Davies Collison Cave Dilini Mendis 

Monash Law School Prize for Cyberlaw Monash Law School Matthew Merry 

Monash Law School Prize for Comparative European Legal Systems Monash Law School Rebecca Milton 

Arnold Bloch Leibler Prize for Indigenous Peoples and the Law Arnold Bloch Leibler Pamela Mitropoulos 

Transport Accident Commission Prize for Advanced Professional Practice Transport Accident Commission Sharynn Moors 

Maurice Blackburn Prize for Law Reform and Community Development Maurice Blackburn Lawyers Sharynn Moors 

County Court of Victoria Prize for Comparative Criminal Law County Court of Victoria Anna Morris 

Mallesons Stephen Jaques Prize for Current Problems in Constitutional Law Mallesons Stephen Jaques Juan Munoz 

LexisNexis Prize for Restrictive Trade Practices LexisNexis Sherenthi Narayanasamy 


Appendix II 



Australian Advocacy Institute Prize for the Vis Arbitration Moot Australian Advocacy Institute Sherenthi Narayanasamy 

Brian Benjamin Prize for Trusts Supported by DLA Phillips Fox DLA Phillips Fox Alexandra Neal 

National Australia Bank Prize for Australian Commercial Law National Australia Bank David O’Loughlin 

Allens Arthur Robinson Prize for Corporations Law Allens Arthur Robinson David O’Loughlin 

Freehills Prize for Equity Freehills David O’Loughlin 

Hunt & Hunt Prize for Property B Hunt & Hunt David O’Loughlin 

Monash Law School Prize for Research Unit 412 Monash Law School Rogan O’Shannessy 

Monash Law School Prize for United States Foreign Relations Law Monash Law School Erin O’Sullivan 

Herbert Geer Prize for International and Comparative Trademark Law Herbert Geer Gabrielle Palmieri 

Corrs Chambers Westgarth Prize for Intellectual Property Law 1: Copyright, Designs and 

Confidential Information 

Corrs Chambers Westgarth Sarah Parkinson 

Hunt & Hunt Prize for Property A Hunt & Hunt Marianna Parry 

Blake Dawson Prize for Contract A Blake Dawson Milica Petronijevic 

Monash Law School Prize for Collective Labour Rights Monash Law School Brendan Richardson 

Jeffrey L Sher Prize for Trial Practice and Advocacy Supported by the Australian Advocacy 

Institute 

Australian Advocacy Institute Nick Rimington 

Alec Masel Prize for Civil Procedure Supported by DLA Phillips Fox DLA Phillips Fox Elizabeth Rivalland 

Dr Brian Donovan Memorial Prize for Citizenship and Migration Law supported by the Dr 

Brian Donovan Memorial Trust 

Dr Brian Donovan Memorial Trust Philippa Ross 

Victorian Institute of Forensic Medicine Prize for Elements of Forensic Medicine Victorian Institute of Forensic Medicine Joy Russell 

Jeffrey L Sher Prize for Trial Practice and Advocacy Supported by the Australian Advocacy 

Institute 

Australian Advocacy Institute Jade Ryan 

Monash Law School Prize for Research and Writing Monash Law School Brodie Same 

Monash Law School Students’ Publication Prize (Runner Up) Monash Law School Adam Sauer 

Monash Law School Prize for Introduction to Family Law Monash Law School Anna Schneider 

Monash Law School Prize for Family Property and Financial Disputes Monash Law School Anna Schwartz 

Louise Crockett Memorial Prize for Family Law (Parents, Children and the State) Supported 

by the Louise Crockett Memorial Fund 

Louise Crockett Memorial Fund Anna Schwartz 

Monash Law School Prize for Asian Legal Systems Monash Law School Andrew Sinclair 

Blake Dawson Prize for Comparative Antitrust Law Blake Dawson Alice Smith 

Monash Law School Prize for International Organisations Monash Law School Jessica Taft 

Monahan + Rowell Prize for Legal Issues in Medicine Monahan + Rowell Jayr Tejada Teng 

Monash Law School Prize for Secured Transactions in the Context of Law and Development Monash Law School Jane Tiller 

Monash Law School Prize for International Law of the Sea I: Marine Resources and 

Management 

Monash Law School Anna Tucker 

Monash Law School Prize for the Family Law Assistance Program – Professional Practice Monash Law School Christopher Twidale 

Australian Advocacy Institute Prize for the Vis Arbitration Moot Australian Advocacy Institute Sylvester Urban 

Monahan + Rowell Prize for Legal Issues in Medicine Monahan + Rowell Elyse Waller 

LexisNexis Prize for Evidence LexisNexis Margaret Walsh 

Clayton Utz Prize for International Commercial Arbitration Clayton Utz Katarzyna Wawrzykowska 

Davies Collison Cave Prize for Intellectual Property 2: Patents, Trade Marks and Unfair 

Competition 



Davies Collison Cave Rachael Wong 


(Victoria) 

Wendy Zukerman


Further Information 

Faculty of Law 

Building 12 

Wellington Road 

Monash University 

Australia 

Phone: +61 3 9905 3300 

Email: enquiries@law.monash.edu.au 

Monash University Law Chambers 

(Current Location) 

472 Bourke Street 

Melbourne 

Australia 

Phone: +61 3 9903 8500 

(From April 2011 Onwards) 

555 Lonsdale Street 

Melbourne VIC 3000 

For more details about the relocation of 

Monash University Law Chambers to new 

premises, visit the dedicated website at 

www.law.monash.edu/mulcmove 

www.law.monash.edu 

10P-491

2009 Annual Report - Faculty of Law - Monash University

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