Format:
xiv, 661 pages
,
24 cm
ISBN:
9781760461416
,
1760461415
Content:
For reasons of effectiveness, efficiency and equity, Australian law reform should be planned carefully. Academics can and should take the lead in this process. This book collects over 50 discrete law reform recommendations, encapsulated in short, digestible essays written by leading Australian scholars. It emerges from a major conference held at The Australian National University in 2016, which featured intensive discussion among participants from government, practice and the academy. The book is intended to serve as a national focal point for Australian legal innovation. It is divided into six main parts: commercial and corporate law, criminal law and evidence, environmental law, private law, public law, and legal practice and legal education. In addition, Indigenous perspectives on law reform are embedded throughout each part. This collective work—the first of its kind—will be of value to policy makers, media, law reform agencies, academics, practitioners and the judiciary. It provides a bird’s eye view of the current state and the future of law reform in Australia
Content:
Foreword / The Hon Michael Kirby AC CMG -- Introduction / Ron Levy, Molly O’Brien, Simon Rice, Pauline Ridge and Margaret Thornton -- Keynote: Reforming Law – The Role of Theory / Margaret Davies -- Part I. Commercial and Corporate Law. The Privatisation of Australian Corporate Law / Ross Grantham -- On the Road to Improved Social and Economic Welfare: The Contribution to Australian Competition and Consumer Law and Policy Law Reform / Russell Miller AM -- Tax, Inequality and Challenges for the Future / John Passant -- Brand New ‘Sharing’ or Plain Old ‘Sweating’? A Proposal for Regulating the New ‘Gig Economy’ / Joellen Riley -- Good Call: Extending Liability for Employment Contraventions Beyond the Direct Employer / Tess Hardy -- The Australian House Party Has Been Glorious – But the Hangover May Be Severe: Reforms to Mitigate Some of the Risks / Gill North -- Back to Basics: Reforming Australia’s Private Sector Whistleblowing Laws / Kath Hall and Heather Cork -- Lawyers as Whistleblowers: The Need for a Gatekeeper of Justice Whistleblowing Obligation/Exception / Suzanne Le Mire and Christine Parker -- Part II. Criminal Law and Evidence. Criminal Justice Law Reform Challenges for the Future: It’s Time to Curb Australia’s Prison Addiction / Lorana Bartels -- Is Criminal Law Reform a Lost Cause? / Simon Bronitt -- Rethinking Rape Law Reform: Challenges and Possibilities / Wendy Larcombe -- The Fraught Dichotomy between Context and Tendency Evidence in Sexual Assault Cases – Suggestions for Reform / John Anderson -- Improving the Effectiveness of Corporate Criminal Liability: Old Challenges in a Transnational World / Jonathan Clough -- Stereotypes in the Courtroom / Blake M McKimmie -- The Justice Motive: Psychological Research on Perceptions of Justice in Criminal Law / Diane Sivasubramaniam -- How Interpretation of Indistinct Covert Recordings Can Lead to Wrongful Conviction: A Case Study and Recommendations for Reform / Helen Fraser -- Australia’s Lower-level Criminal Courts: Tackling 21st Century Problems in a 19th Century Paradigm? / Anne Wallace -- Part III. Environmental Law. What is the Mainstream? The Laws of First Nations Peoples / Irene Watson -- Overturning Aqua Nullius: Pathways to National Law Reform / Virginia Marshall -- A Governance Framework for Indigenous Ecological Knowledge Protection and Use / Natalie P Stoianoff -- Reforming Environmental Law for Responsiveness to Change / Jan McDonald -- Future Water: Improving Planning, Markets, Enforcement and Learning / Cameron Holley -- Effective Law for Rural Environmental Governance: Meta-Governance Reform and Farm Stewardship / Paul Martin, Amanda Kennedy and Jacqueline Williams -- Part IV. Private Law. Pitfalls of Statutory Reform in Private Law: Recipient Liability for Breach of Trust / Darryn Jensen -- Recent Reforms to Australian Charity Law / Matthew Harding -- Consumer Protection, Recreational Activities and Personal Injury Compensation: Inconsistency in Need of Reform / Joachim Dietrich -- Statutory Interpretation and the Critical Role of Soft Law Guidelines in Developing a Coherent Law of Remedies in Australia / Elise Bant and Jeannie Paterson -- Meeting the Potential of Alternative Remedies in Australian Defamation Law / Robyn Carroll and Catherine Graville -- Designing Reparation: Lessons from Private Law / Simone Degeling and Kit Barker -- Apologies, Liability and Civil Society: Where to from Here? / Prue Vines -- Renovating the Concept of Consent in Contract and Property Law / Robyn Honey -- Nudging Charities to Balance the Needs of the Present against Those of the Future / Ian Murray -- Part V. Public Law. Voluntary Voting for Referendums in Australia: Old Wine, New Bottle / Graeme Orr -- Reforming Constitutional Reform / Scott Stephenson -- Does Australia Need a Popular Constitutional Culture? / Lael K Weis -- Constitutional Dimensions of Law Reform / Gabrielle Appleby and Anna Olijnyk -- The Parliamentary Joint Committee on Intelligence and Security: A Point of Increasing Influence in Australian Counter-Terrorism Law Reform? / Dominique Dalla-Pozza -- Rights Dialogue under the Victorian Charter: The Potential and the Pitfalls / Julie Debeljak -- Court Records as Archives: The Need for Law Reform to Ensure Access / Andrew Henderson and Kim Rubenstein -- A Positive Freedom of Public Speech? Australian Media Law Reform and Freedom of Political Communication / Andrew T Kenyon -- The Need for Reform of Australia’s Birth Registration Systems / Melissa Castan and Paula Gerber -- Simplifying Government Secrecy? / Daniel Stewart -- Part VI. Legal Practice and Legal Education. Australian Legal Practice: Ethical Climate and Ethical Climate Change / Vivien Holmes, Stephen Tang, Tony Foley and Margie Rowe -- Strengthening Australian Legal Ethics and Professionalism / Adrian Evans -- Since Lawyers Work in Teams, We Must Focus on Team Ethics / Justine Rogers -- The Legal Roots of a Sustainable and Resilient Economy: New Kinds of Legal Entities, New Kinds of Lawyers? / Bronwen Morgan, Joanne McNeill and Isobel Blomfield -- Wearing Two Hats: Lawyers Acting as Mediators / Mary Anne Noone -- Enabling Marginalised Voices to Be Heard: The Challenge to Law Reform Bodies / Liz Curran -- The End of Ramism: And the Shape of Things To Come / Craig Collins -- Shared Space and the Regulation of Legal Education / Paul Maharg -- Dreaming of Diversity in Legal Education / Margaret Thornton
Note:
Includes bibliographical references (pages 559-661)
Language:
English
Keywords:
Australien
;
Rechtsreform
;
Aufsatzsammlung
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