Recruitment for Editorial Board now open

We are recruiting new General Members for our Editorial Board! If you are a UNSW Law student with a keen eye for detail and a passion for legal academia, we would love to receive your application. No prior editing experience is required.

Successful applicants will commence their term and start editing in June 2020.

Send your applications containing your most recent academic transcript, CV and cover letter detailing relevant skills, experiences and reasons for applying to law.journal@unsw.edu.au. Applications close 5:00pm, Friday 20 March 2020.

For more information, head to our website: www.unswlawjournal.unsw.edu.au/recruitment-to-the-editorial-board/

Issue 42(4) to Launch on 19 November 2019

The University of New South Wales Law Journal is pleased to announce that the launch of Issue 42(4) will take place on 19 November 2019. This General Issue will feature 11 articles across a range of legal topics. The launch topic ‘Reconceptualising Environmental Harm’ has been inspired by two of the articles to be published in the Issue: Rebecca Nelson examines federal responses to cumulative environmental effects, and Hadeel Al-Alosi and Mark Hamilton make the case for restorative justice conferencing for environmental crimes.

We are delighted to be welcoming the Hon Justice Rachel Pepper of the Land and Environment Court of New South Wales to deliver the keynote address. From 1997 until her appointment to the bench in 2009, Justice Pepper practised as a barrister at the New South Wales Bar. While at the bar, Justice Pepper was a member of the Bar Council from 2000–2009 and was Secretary of the Bar Council from 2006 to 2009. Prior to being called to the bar, Justice Pepper was the Associate to Justice Michael McHugh AC in the High Court of Australia. In 2015 Justice Pepper was the inaugural visiting judicial fellow at the Australian National University’s Centre for International and Public Law at the ANU College of Law. She is also an Adjunct Professor at the University of Sydney’s Law School and a proud ambassador for Twenty10.

The further articles in the Issue address a range of legal issues including: children’s capacity to testify in court; limitations of consumer credit law for female victims of economic abuse; Indigenous students in legal education; the royal prerogative of mercy in NSW; therapeutic jurisprudence in parole law; the 2018 High Court Statistics; redress for institutional child abuse; copyright law’s underuse hypothesis; and decision-making capacity of mature minors.

The launch will take place on Tuesday 19 November 2019 at the Sydney offices of premier sponsor King & Wood Mallesons, from 6.00pm to 8.00pm.

To register your attendance, please RSVP by 12:00pm, Monday 18 November 2019 at: http://tiny.cc/unswlj_424

Call for Submissions to the University of New South Wales Law Journal Issue 43(3)

2020 Thematic: ‘Revitalising Legal Authorities’

The UNSW Law Journal is currently welcoming submissions for Issue 43(3). The Issue will be solely thematic, with articles directed to the theme ‘Revitalising Legal Authorities’.

Legal authorities are indisputably significant as the conceptual bases upon which well-reasoned legal deliberations are made and justified. To revitalise legal authorities is to introduce new vigour into the capabilities of the law for future practice. Considering legal authorities in all their forms, the Journal seeks to elicit contributions which not only consider important, more commonly discussed modes of legal revitalisation such as statutory enactment and precedent-making in the courts, but also those which address unconventional recommendations for pursuing the betterment of future legal authorities.

The submission deadline for the thematic Issue 43(3) is 21 February 2020, with publication of Issue 43(3) set for late September 2020. Articles must be between 7000 and 13 000 words in length (excluding footnotes). The style guide for the Journal is the current edition of the Australian Guide to Legal Citation, as supplemented by the latest edition of the Journal’s ‘Additions’. Please visit our submissions page here for further submissions guidelines and to submit.

If you have any queries about submitting for Issue 43(3), please contact the Journal at law.journal@unsw.edu.au.

Issue 42(2) to Launch on 17 June 2019

The University of New South Wales Law Journal is pleased to announce the launch of Issue 42(2) on Monday 17 June 2019. This General Issue features 12 articles across a wide range of legal topics. The launch event will feature a keynote address by the Hon Mark Leeming, Justice of the Court of Appeal of the Supreme Court of New South Wales. Justice Leeming will be speaking on the topic of ‘Proof in Civil Litigation: Decision-Making under Conditions of Uncertainty’, which is inspired by one of the articles to be published in the Issue authored by Harry Stratton entitled ‘Perfectly Safe, Five Times Out of Six: The Briginshaw Principle and Its Paradoxes’.

Justice Leeming has been a member of the Court of Appeal since 2013. Directly after completing law school in 1992 his Honour completed associateships with the Hon William Gummow on the Federal Court of Australia and with Sir Anthony Mason on the High Court of Australia. His Honour was then called to the New South Wales Bar in 1995 where he developed a busy and diverse practice. His Honour took silk in 2006. Justice Leeming is also a prolific author and editor of legal publications, including editions of Meagher, Gummow and Lehane’s Equity: Doctrines and Remedies and Jacobs on Trusts. Leeming JA has also been Challis Lecturer in Equity at the University of Sydney since 2004, and has been a member and director of the editorial boards of numerous academic publications. His Honour also holds a PhD in Mathematics.

The following 11 articles in the Issue address a range of topical legal issues. These include: relationship evidence in Queensland; the moderation of women’s bodies on Instagram viewed through a rule of law framework; the politics of the intersection between Indigenous traditional ownership and anti-mining campaigns; the My Health Record system; the modernisation of the substantive law of consent in sexual assault; determining a suicide under Australian law; the public sector duty of care; the United Nations Human Rights Committee’s Jurisprudence on Marriage Equality; the protection of data privacy; joint criminal enterprise jurisprudence; and issues concerning copyright contract law.

The launch will take place on Monday 17 June 2019 from 6:00pm–8:00pm at the offices of our premier sponsor Herbert Smith Freehills, at Level 33, 161 Castlereagh St, Sydney.

To register your attendance, please RSVP by 12:00pm, Sunday 16 June 2019 at: http://tiny.cc/unswlj_422

Issue 42(1) to Launch on 25 March 2019

The University of New South Wales Law Journal is pleased to announce the launch of Issue 42(1) on 25 March 2019. This General Issue features 12 articles across a range of legal topics. The launch event will feature a keynote address by The Hon Michelle Gordon AC, Justice of the High Court of Australia.

The Hon Michelle Gordon AC will be speaking on the topic of the development of the common law in reference to statute. The keynote address will cover topics discussed in Her Honour’s article that will be published in Issue 42(1), ‘Analogical Reasoning by Reference to Statute: What is the Judicial Function?’. An Advance Access copy of Her Honour’s article can be found here.

Justice Gordon has been a member of the High Court of Australia since June 2015. Prior to her appointment to the High Court, Her Honour was a judge on the Federal Court of Australia, and a member of the Victorian Bar for over 15 years. She was appointed a Professorial Fellow of the Melbourne Law School in July 2015.

The following 11 articles in the Issue address a range of topical legal issues. These include: the laws of the forest; the nature of a court of law; implied constitutional rights; gender and privacy rights; mitigating factors in sentencing; migration pathways for frontline care workers; employment standards for temporary migrants; international taxation policy; superannuation fund governance; and Australia’s financial system external dispute resolution framework. The launch will be an opportunity to celebrate the publication of all the articles in Issue 42(1).

The launch will take place on Monday 25 March 2019 from 6:30pm–8:30pm at the offices of our premier sponsor Herbert Smith Freehills, at Level 33, 161 Castlereagh St, Sydney.

To register your attendance, please RSVP by 12:00pm, Sunday 24 March 2019 at: http://tiny.cc/unswlj_421

Issue 41(4) to Launch on 28 November 2018

The University of New South Wales Law Journal is pleased to announce the launch of Issue 41(4) on 28 November 2018. The Issue is a general issue featuring twelve articles. The topic for the launch event – ‘Reconceptualising the Trial: Administering Justice in an Era of Social and Technological Change’ – is inspired by the article selected to provide the organising theme of the launch event. The article, by Professor Tania Sourdin, examines how artificial intelligence will supplement or replace the judicial role. The debate raises complex ethical questions concerning privacy, policy and societal need. In this manner, it compels audiences to consider how these developments will reconceptualise not only the trial but also the meaning of justice.

We are delighted to be welcoming the Hon Stephen Carey George Burley of the Federal Court of Australia, Mr Ben Kremer from Banco Chambers and Associate Professor Lyria Bennett Moses from the University of New South Wales to participate in a panel discussion at the launch event for Issue 41(4). The panel discussion will be concluded by an address from Professor Tania Sourdin.

The following eleven articles in the Issue address a range of topical legal subjects. These include: ‘contextualism’ as a modern approach to statutory interpretation; High Court constitutional challenges to criminal law and procedure legislation; 2017 statistics regarding the High Court on constitutional law; monetary remedies for public law wrongs; issues in the law and practice of consent determinations under the Native Title Act 1993 (Cth); a reform agenda for small defamation claims between ordinary individuals; powers available to New South Wales and Victoria courts to restrain the publication of extraneous prejudicial material; the role of constructive trustees; accountability over the appointment of directors; politicians’ opinions on the euthanasia debate; and the classification of animals as property.

The launch will take place on Wednesday 28 November 2018 at the offices of Corrs Chambers Westgarth, Level 17, 8 Chifley, 8–12 Chifley Square, Sydney, from 6.00pm to 8.00pm.

To register your attendance, please RSVP by 12.00pm on Tuesday 27 November 2018 at: https://unswlj414.eventbrite.com.au.

Call for Submissions to the University of New South Wales Law Journal Issue 42(3)

2019 Thematic: ‘Conceptions of Ownership’

The UNSW Law Journal is currently welcoming submissions for Issue 42(3). The Issue will be solely thematic, with articles directed to the theme ‘Conceptions of Ownership’.

Given the historical and cultural backdrop of a wide variety of conceptions of ownership that are largely unacknowledged in modern western common law, and the potential implications for changes in ownership meanings and behaviours that the exigencies of the sharing economy foreshadow, this thematic seeks to address itself to the wide array of past, present and potential future meanings of ownership.

The submission deadline for the thematic Issue 42(3) is 1 March 2019. Publication of Issue 42(3) is set for late September 2019. Articles must be between 7000 and 13 000 words in length (excluding footnotes). The style guide for the Journal is the current edition of the Australian Guide to Legal Citation, as supplemented by the latest edition of the Journal’s ‘Additions’.

If you are interested in, or have any queries about, submitting for Issue 42(3), please contact the Journal at law.journal@unsw.edu.au.

Issue 41(3) to launch on 27 September 2018

The University of New South Wales Law Journal is pleased to invite you to the launch of Issue 41(3) on 27 September 2018. The Issue is the only thematic Issue for the year, and features twelve articles on the theme of ‘Vulnerability and the Law’ along with a foreword by Professor Jonathan Herring.

We are delighted to be welcoming Emeritus Professor Rosalind Croucher AM, President of the Australian Human Rights Commission, and Ms Rosemary Kayess, Visiting Fellow at UNSW Law, Interim-Director of UNSW’s Disability Innovation Institute, and Member of the United Nations Committee on the Rights of Persons with Disabilities to deliver their thoughts on elements of the theme in a keynote panel discussion.

The twelve articles in the Issue address a range of topical legal issues. These include: social security law; workplace discrimination for employees with a disability; forced marriage; gendered hate speech; mental health law, policies and systems; police complaints mechanisms; immunity from criminal liability for police, corrections staff and other law enforcement officers; leave provisions for working women undergoing IVF treatment; legal protection for consumers who require additional decision-making support; Indigenous constitutional vulnerability; procedural fairness in the Australian ‘Fast Track’ refugee status determination regime; and reform of the Safe Haven Enterprise visa.

The launch will take place on 27 September 2018 at the offices of our premier sponsor King & Wood Mallesons, Level 61, Governor Philip Tower, 1 Farrer Place, Sydney, from 6pm to 8pm.

To register your attendance, please RSVP by 12.00pm on 26 September 2018.

Issue 41(2) to Launch on 30 May 2018

The University of New South Wales Law Journal is pleased to invite you to the launch of Issue 41(2) on 30 May 2018. This general Issue features 10 articles across a range of legal topics. The launch event will feature a panel discussion on ‘Dangerous Offenders and the Governance of Risk’, which is inspired by an article in the Issue by Harry Hobbs and Andrew Trotter. Through a historical survey of criminal justice responses to sexual offences, the authors argue that public fear at salient incidents produce laws that are overzealous, disproportionate and unjust. They also problematise the notion of ‘dangerousness’ and question the capacity of the criminal law to predict future risk.

We are delighted to have the Hon Justice Lucy McCallum, Professor Luke McNamara and the Hon Michael Kirby AC CMG form a speaking panel to offer their insights into these issues. Justice McCallum is a judge in the Common Law Division at the NSW Supreme Court and was previously a prosecutor and commercial barrister. Luke McNamara is a Professor in the Faculty of Law at UNSW and Co-Director of the Centre for Crime, Law and Justice. Michael Kirby AC CMG is a former Justice of the High Court of Australia and was most recently the Chairman of the UN Commission of Inquiry on North Korea. His experiences in this regard also form the subject matter of an article in the Issue.

The other articles in the Issue offer unique analyses of contemporary legal issues and debates. The topics covered in the Issue include: coronial findings on suicide; judicial restraint in property division; the development of the principle of legality in the French Court era; the role of international child rights instruments in regulating unhealthy food advertising; the characterisation of breach of confidence in private international law; the utility of public law methodology in international investment law; a critique of new Victorian legislation on the retrospective removal of donor anonymity; and an empirical study of mental health wellbeing initiatives in a public sector legal organisation.

The launch will take place on Wednesday 30 May 2018 from 6pm–8:30pm at the offices of our premier sponsor Herbert Smith Freehills, at Level 33, 161 Castlereagh St, Sydney.

To register your attendance, please RSVP by 12pm, Tuesday 29 May 2018.

Issue 41(1) to Launch on 29 March 2018

The University of New South Wales Law Journal is pleased to announce the launch of Issue 41(1) on 29 March 2018. The Issue is a general Issue featuring nine articles, and the topic for the launch event – ‘Statutory Interpretation and Parliamentary Materials’ – is inspired by the article selected to lead the Issue. The lead article, by Jacinta Dharmananda, makes the case for a more nuanced appreciation of the statute-making process in statutory interpretation, and raises broader questions of legislative intention, the role of the judiciary in interpreting legislation, and the use of non-statutory materials.

The following eight articles in the Issue address a range of topical legal issues. These include: the relationship between law and poverty; the role of parliamentary committees in protecting human rights; a human rights law analysis of the media coverage of abuses at the Don Dale Detention Centre; victim impact statements in sentencing homicide offences; non-consensual smartphone recordings in domestic and family violence contexts; citation patterns of trial judges in the NSW District Court; the legalities of degree revocation by Australian universities; and patented methods in Australia.

We are delighted to be welcoming the Hon Justice John Basten, of the New South Wales Court of Appeal, to deliver the keynote address. Prior to his appointment to the bench, Justice Basten taught at UNSW, then practised as a barrister and Queens Counsel, specialising in administrative and constitutional law, native title, immigration and human rights. He has served as a part-time Commissioner of the New South Wales Law Reform Commission (1996–1999), the Australian Law Reform Commission (1986–1987), and the Human Rights and Equal Opportunity Commission (1994–1997), and as an assistant Commissioner of the Independent Commission Against Corruption (2003–2004).

The launch will take place on 29 March 2018 at the offices of premier sponsor Allens, Level 28, Deutsche Bank Place, 126 Phillip Street, Sydney, from 6.30pm to 8.30pm.

To register your attendance, please RSVP by 12.00pm on 27 March 2018.