Workplace relations reform: summary and constitutionality

This article considers the likely constitutionality of the Federal Government's industrial relations reforms and their applicability to law firms given moves towards incorporated legal practices

Government funding of non-governmental organisations and the implied freedom of political communication: the constitutionalityof gag clause

This article considers the growing use of clauses in funding contracts with NGOs restricting their ability to engage in advocacy or contribute to public debate on contentious political issues. It argues there is a plausible argument that such clauses are unconstitutional, offensive to the implied freedom of political communication

Standard of proof, unpredictable behaviour and the High Court of Australia's verdict on preventive detention laws

Preventive detention laws authorize courts to order the continued detention in prison of a person who has served their allocated term of imprisonment, but who are thought to be at risk of re-offending if released. They raise fundamental issues about the separation of powers, the purpose of incarceration, and the standard of proof which is/should be required to authorize detention. They assume that it is possible to predict, with a satisfactory rate of success, whether or not a past offender would if released commit further offences. Recently, a majority of the High Court of Australia validated such legislation. The author in this article explains his reasons for disagreeing with the verdict of the Court in this matter

State-based business licensing in Australia: the Constitution, economics and international perspectives

This paper considers the potential for s92 of the Commonwealth Constitution to invalidate inconsistent State-based licensing requirements in relation to the carrying out of particular occupations

Mockery and the right to trial by jury

This article considers the historical background of the right to trial by jury in England, the United States and Australia in the context of the High Court's narrow interpretation given to s80 of the Commonwealth Constitution, which ostensibly provides some guarantee of the right to trial by jury. As interpreted by the High Court, the section does not have the scope which its importance and historical context might suggest it should

Loss distribution issues in multinational torts claims: giving substance to substance

This article suggests that a broad interpretation needs to be given to determining what are matters of substance (as opposed to procedure) in private international law. Drawing on recent cases in a range of jurisdictions, the paper argues that this would best complement the purpose for the distinction, as well as choice of law rules. The distinction between right and remedy is arbitrary and should not be countenanced, and opportunities for forum shopping must be minimised

Forum non conveniens in Australia: a comparative analysis

This paper explores the doctrine of forum non conveniens and its use throughout the common law world by a court to refuse to exercise jurisdiction that is otherwise properly enacted. It considers that the current Australian law, which focuses on a 'clearly inappropriate forum' test, is out of step with other common law jurisdictions, and that the Australian law in this area should be reformed. Such an approach is anachronistic in a globalised market for legal services, tends to reward forum shoppers, and is inconsistent with the High Court of Australia's development of choice of law rules in recent years

Papers in legal studies - Part 1

This is a collection of essays highlighting legal reforms relevant to the Queensland Legal Studies Syllabus, including police search powers, sentencing, victims of crime compensation, negligence updates, family law changes including residence disputes and adoption changes, freedom of speech, and freedom of religion issues

Social aspects of place experience in nomadic work/life practices

This chapter examines the importance of “where” mobile work/life practices occur. By discussing excerpts of data collected through in-depth interviews with mobile professionals, we focus on the importance of place for mobility, and highlight the social character of place and the intrinsically social motivations of workers when making decisions regarding where to move. In order to show how the experience of mobility is grounded within place as a socially significant con- struct, we concentrate on three analytical themes: place as an essential component of social/collaborative work, place as expressive of organizational needs and characteristics, and place as facilitating a blending of work/life strategies and relationships

Service-Learning Practice in Upper Division Geoscience Courses: Bridging Undergraduate Learning, Teaching, and Research

This article describes the use of service-learning practice in geoscience courses taught at the University of Connecticut. The stated objectives for instituting this practice are: to foster student interest in earth sciences through community service; to enhance university outreach through interactions with communities; to enhance students' learning ability by applying course knowledge to real-world problems; and to encourage the student-centered learning process and team-work as cooperative learning. Favorable responses from both students and local community leaders show that service-learning is an effective way to improve geological undergraduate learning. Educational levels: Graduate or professional