The passage of authority: imagining the political transformation of Australia’s Christmas Island, from sovereignty to governance

In 2012, Australia’s Christmas Island is best known as an island of immigration detention, a key component of Australia’s growing offshore border security apparatus, where interdicted boat arrivals seeking asylum are detained and processed. This article offers one account of how the Island came to be what it is, by providing two snapshots of the operable set of power relations on Christmas Island, then and now: ‘Island in the Sun’, and ‘Tropics of Governance’. Side by side, their stark contrast reveals the passage of authority through time and place, from the embodied, unified voice of the sovereignty of the British Empire to the palliative communication and bureaucratic sincerity that characterise governance. By disclosing shifting patterns of emergence and decay and showing border security’s intimate relation to governance, this article seeks to offer a deepened understanding of the current detention situation in its immanence. What can now be seen as Christmas Island’s past follies also reveals the restless work of successive political imaginations, the shifting ways and means by which an island can be translated into a solution to a political problem, and how successive solutions tend toward wreck and ruin.

Per incuriam: the decision on the overtime claim in Leung Ka Lau v Hospital Authority

In Leung Ka Lau v Hospital Authority the plaintiffs were doctors who claimed compensation for, inter alia, enforced overtime extracted without pay from them by their employer, the defendants. The Court of First Instance, the Court of Appeal and the Court of Final Appeal dismissed their overtime claims on purely the terms of their contracts of employment. This paper argues that the decisions of all three courts on the overtime claims were made per incuriam because their attention was not drawn to the applicable statutory provisions which would have invalidated the contractual provisions on which the courts rested their decisions. The paper sketches the socio-economic and ethical basis of overtime work and pay before proceeding to analyse the common law (contractual) basis of the judgments, traces the history as well as undertakes construction of the statutory provisions which, if taken into account, would have seen the plaintiffs succeeding.

Politics in contemporary Southeast Asia : authority, democracy and political change

The countries of Southeast Asia continue to change, evolve and chart courses that sometimes leave outside observers puzzled. Politics in Contemporary Southeast Asia thoroughly assesses the political challenges and changes faced by the countries of Southeast Asia in the 21st century. Focusing on political processes throughout, this book introduces readers to the challenges of representation and accountability of the regional governments, degrees of good governance and transparency, and the role of elites and militaries in shaping or determining political outcomes.