Migration and refugee law : principles and practice in Australia

Provides an overview of the legal principles governing the entry of people into Australia, and analyses the policy and moral considerations underpinning this area of law - particularly in relation to refugee law, one of the most divisive social issues of our time. Suggests proposals for change.

Can you seek security for costs in international arbitration in Australia?

International arbitrations can be conducted under either federal or State legislation in Australia. In both cases complexities arise in the resolution of procedural questions, such as whether security for costs can be granted. There is scant Australian case law on such issues. This article considers whether an arbitral tribunal or a court has the power [*2] to order security for costs in an international arbitration in Australia. After analysing Australia's international arbitration laws and discussing New Zealand and House of Lords' authority, it is argued that unless the parties have specifically empowered the arbitral tribunal to order security for costs, only the relevant court has that power, and even that is uncertain.

A narrative study of migrant women and Australian law

This thesis found that the migrant women it studied experienced everyday, discrimination-related hardships and legal problems which the law only partially resolved. It concluded that discrimination was an invisible issue with serious personal consequences for these migrant women.

A.R.T., surrogacy and legal parentage : a comparative legislative review

This is one of three Occasional Papers published by the Victorian Law Reform Commission as part of the Commission's work on assisted reproduction and adoption. A central issue which arises in the context of assisted reproduction is how to recognise and protect the best interests of children who are conceived through assisted reproduction. The three Occasional Papers deal with different aspects of this question. This Paper examines how laws in the other Australian states, and in the United States, United Kingdom and Canada regulate access to assisted reproduction, control the use of surrogacy and deal with issues relating to parentage of children conceived through assisted reproduction. Generally, this legislation gives priority to protecting the best interests of children, but the way in which this is done varies considerably.

Still invisible : the myth of the woman-friendly state

Australian women faced the last two decades of the twentieth century, optimistic in their capacity to contribute positively to social change in the restructuring state. Encouraged by the relative euphoria of the late 1970s and early 1980s, women had a fleeting glimpse of the possibilities of woman-friendly legislation and feminist inspired government policy. What eventuated was the dismantling of supportive welfare structures, under the guise of economic rationalist state action, which undermined and eventually halted women’s economic and social advancement. This research project examines the impact of government policy on the welfare of Victorian women, through a feminist analysis of state and federal decision-making, framed in the context of case studies in the areas of employment, education and health. The promotion of ‘gender-neutral’ policy, by generally conservative bureaucracies, effectively exposes the mythical woman-friendly state. The implications do not auger well for Victorian women in the new millenium.

Painful wrench for a European mind : land claims and representations of history and aboriginal tradition in the Darwin hinterland

The first longitudinal study of the way the statutory recognition of Aboriginal traditional rights to land has affected Aboriginal groups in the north western Northern Territory. An interdisciplinary approach is used drawing on methods from both history and anthropology.

So far so good? : A critical evaluation of racial vilification laws in Australia

Problems with Australia's racial vilification laws - s 18C of the Commonwealth's Racial Discrimination Act - free speech and public interest defences under the Racial Discrimination Act as well as State and Territory racial vilification laws - impact of free speech cases on the content of the racial vilification defences.

So far no good: the regulatory failure of criminal racial vilification laws in Australia

This article considers the efficacy of the two main legislative models in Australia which make racial vilification a crime. To this end, it considers whether the laws are compatible with the protection and promotion of freedom of speech; whether they sit comfortably within the existing criminal law frameworks; and whether the text of the offences is sufficiently clear and precise. It considers that the current models are fundamentally flawed and ought to be repealed, arguing, instead, for a particular kind of penalty enhancement statute.

Criminal laws in Australia : cases and materials

This book is the most user-friendly of all the criminal law books currently available in Australia. This is the only book that deals comprehensively with the criminal law in all Australian states and territories. Unlike the other criminal law books available to Australian law lecturers, it is both a casebook and textbook.

Criminal laws in Australia, cases and materials

Criminal Laws in Australia: Cases and Materials" deals comprehensively with the criminal law in all Australian states and territories and is both a casebook and textbook.

Remedies in equity : the laws of Australia

A clear and simple overview of key remedies in equity. Extensive case examples and factual discussion complement a thorough examination of established principles. This includes coverage of the latest judicial decisions and any statutory modification of the remedies in equity. Wright, University of Adelaide; Hepburn, Deakin University.

Statelessness, identity cards and citizenship as status in the case of the Nubians of Kenya

Statelessness as a legal and political problem has attracted increasing attention from scholars and international advocacy organisations in recent years. This attention has predominantly focussed on the legal aspects of statelessness, and has generally held the acquisition of citizenship documentation as the primary goal in remedying citizenship deprivation. This article explores the merits of this focus through a case study of the Nubians of Kenya, widely considered stateless until recently. The article connects the focus on citizenship as documented status to a liberal conception of citizenship. The article identifies the ways in which this approach is helpful, that is, as a means of pursuing legal status and possession of individual rights. It then goes on to identify more important ways in which a liberal conception of citizenship falls short of accounting for the Nubians’ citizenship problems by neglecting the more collective dimensions of citizenship practice and recognition.