Issue 44(1) to Launch on 8 April 2021

The University of New South Wales Law Journal is excited to announce the launch of Volume 44, Issue 44(1), on 8 April 2021. To launch Issue 44(1), we are very pleased to be holding a panel discussion on Issue 44(1)’s key theme, ‘Rights Protection amidst COVID-19’. The panel discussion will feature Mr Edward Santow, the Australian Human Rights Commissioner. Mr Santow was appointed Human Rights Commissioner in August 2016 and is also a Fellow of the Australian Academy of Law, a Visiting Professorial Fellow at the University of New South Wales, and a member of the World Economic Forum’s Global Future Council on Human Rights and the Fourth Industrial Revolution. The panel discussion will also feature three authors from Issue 44(1): Professor Michael Legg, Dr Chris Martin and Dr Sara Dehm.

Issue 44(1) is comprised of seven articles which expand on the Issue’s theme, and six articles which cover an array of independent topics. The thematic articles discuss a breadth of topics in light of COVID-19, including: potential legal challenges to triage decisions in intensive care units; the parallels between the legal regimes governing immigration detention centres and residential aged care facilities as sites of confinement; the capacity and limits of international law to address the twin crises of refugee protection during COVID-19 and future displacement linked to climate-change; the use of remote hearings and Audio-Visual Links by courts during COVID-19; state and territory COVID-19 emergency measures regarding evictions and rent liabilities; the expansion of executive power in times of crisis; and the scope, application, and implications of criminal offences relating to the containment of COVID-19 in Australia. The articles independent of Issue 44(1)’s theme also represent an impressive body of legal scholarship, covering topics such as: the 2018 Australian High Court’s constitutional term in its inter-institutional context; the possibilities and limits of using corporate culture as a regulatory mechanism; the role of social entrapment evidence in self-defence cases involving intimate partner violence; the constitutional validity of using the Australian Defence Force in recent crises; the development and disruption of the notion of ’substantial identity’ and its analogues in Australian trademark law; and lessons for Australia from the UK’s regulation of financial advisers.

The launch will take place on Thursday 8 April 2021 via online live stream from the Journal’s YouTube channel, at 6:30pm. The link will be provided closer to the date.

To register your attendance, please RSVP before 12:00pm, 8 April 2021: https://unswlj44-1.eventbrite.com.au

Issue 43(4) to Launch on 12 November 2020

The University of New South Wales Law Journal is pleased to announce the launch of Issue 43(4) on 12 November 2020. The General Issue will feature 16 articles across a range of legal topics. The launch topic ‘The Alien and the Law’?has been inspired by several articles in the Issue: Ellen Moore examines the differential impact of criminal and migration law upon non-citizens; Gabrielle Wolf explores the historical reticence of the medical establishment in registering foreign doctors in interbellum and wartime Australia; while Chris Draffen and Yee-Fui Ng compare the foreign influence legislative regimes in Australia and the United States and propose a rethink of the current approach such registration schemes.

The other articles in this Issue also canvas a wide range of legal scholarship, including topics such as: the Australian Competition and Consumer Commission’s information gathering powers vis a vis algorithmic collusion; avenues for reform and clarification in mediation confidentiality and privilege; an exploration of the misalignment in international law and Australian constitutional law with regards to expropriation; a study of the securities trading policies of the ASX 100; past, existing and proposed systems for filling casual vacancies in legislative Houses elected by proportional representation; the conundrum of the familial caregiver role in the context of gender equality in the legal workplace; perspectives on the future development of the profession; disciplinary proceedings for sexual misconduct taken against female health practitioners; accountability of not-for-profits in the performance of ‘public’ functions; empirical accounts on coercive powers from investigators of corporate crime; apportionment of proceeds from collective sales of strata property; indigenous fishing rights in coastal New South Wales and the criminal law; and the latest iteration of the long-running High Court statistics on constitutional law.

We are delighted to welcome the Hon Justice David Hammerschlag of the Supreme Court of New South Wales in the Equity Division to deliver the keynote speech. Prior to his appointment to the Court in 2007, Justice Hammerschlag had a diverse and distinguished legal career in South Africa, including as a solicitor and partner at a large commercial firm, and as a military lawyer in the South African Defence Force, before being called to the South African Bar in 1982. Upon moving to Australia in 1986 and requalifying not long after, his Honour maintained a thriving practice at the NSW Bar in not only complex commercial matters, but also as counsel in the Orange Grove inquiry and HIH Royal Commission. Justice Hammerschlag now administers the Commercial, Commercial Arbitration and Technology & Construction Lists of the Supreme Court, and has also sat on the Court of Appeal and Court of Criminal Appeal.

We are also pleased to be welcoming some of the authors of the articles published in the Issue to participate in a ‘Q & A’ session, including Chris Draffen, co-author of ‘Foreign Agent Registration Schemes in Australia and the United States: The Scope, Risks and Limitations of Transparency’; Gabrielle Wolf, author of ‘The Law and Politics of Registering Doctors: Lessons from New South Wales 1937–42’; and The Hon Justice Nicola Pain, co-author of ‘Balancing Competing Interests in the Criminal Justice System: Aboriginal Fishing Rights in Coastal New South Wales’.

The launch will take place on Wednesday 23 September 2020 via online live stream from the Journal’s Youtube channel at 6:30pm. A link will be emailed in advance of the premiere to registered attendees.

To register your attendance, please RSVP before 12:00pm, 12 November 2020 here.

Recruitment for the 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 February 2021.

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, Monday 26 October 2020.

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

Call for Submissions to the University of New South Wales Law Journal Issue 44(3)

Second 2021 Thematic: ‘Big Technology and the Law’

The UNSW Law Journal is currently welcoming submissions for Issue 44(3). The Issue will comprise of both a general component and a thematic component, with articles directed to the theme ‘Big Technology and the Law’.

Governments and businesses across Australia, the United States (‘US’) and the European Union are grappling with the complexities of regulating the market power of big technology companies. In Australia, the Australian Competition and Consumer Commission’s Digital Platforms Inquiry, the mandatory news media bargaining code and the Ad Tech Inquiry raise important questions for regulators seeking to reform competition and consumer law in the digital age. The recent ‘big tech’ antitrust hearing and other antitrust developments in the US also highlight the growing significance of data as a source of market power, and an increasing number of organisations are leveraging data as an asset. The challenges of regulating markets in an increasingly digitalised world present topical and significant issues for legal professionals and organisations to consider.

In addition to competition and consumer law, other novel legal issues have arisen as a result of new technological developments, including questions around privacy and data, national security and the importance of addressing disinformation on digital platforms. The thematic component of Issue 44(3) welcomes all submissions considering the intersection between the law and technology, with priority given to articles exploring legal issues relevant to ‘big technology’.

‘Big technology’ has become synonymous with companies such as Amazon, Apple, Facebook and Alphabet. However, ‘big technology’ is not limited to these companies; it may be defined in numerous ways, including through market size and market power or by virtue of its significant impact on our lives. For submissions relating to big technology and the law, the Journal invites authors to formulate their own definition of ‘big technology’.

The full call for submissions can be found here.

The submission deadline for the thematic Issue 44(3) is 19 February 2021, with publication of Issue 44(3) set for late September 2021. 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 44(3), please contact the Journal at law.journal@unsw.edu.au.

Issue 43(3) to Launch on 23 September 2020

The University of New South Wales Law Journal is delighted to announce that the launch of Issue 43(3) will take place on 23 September 2020. The Thematic Issue features 11 articles considering the theme ‘Revitalising Legal Authorities’. To revitalise legal authorities is to introduce new vigour into the capabilities of the law for future practice. Each of the authors has grappled with this theme in an innovative and thought-provoking way, from considering the example of legal reform in respect of reproductive rights through the statutory enactment of abortion safe access zones to arguing that Australian public servants should be afforded more liberty in respect of their freedom of speech, after the judgment in Comcare v Banerji was handed down by the High Court last year. You can find Advance versions of the articles to be published here.

We are delighted to be welcoming the Hon Robert French AC to deliver the keynote address. Mr French served as the Chief Justice of the High Court of Australia from 2008 to 2017. In his legal career which has spanned almost 5 decades, Mr French has also served on the bench of the Federal Court of Australia, the Supreme Court of the ACT and the Supreme Court of Fiji, and held other positions such as President of the National Native Title Tribunal. Mr French has also authored the Foreword to the Issue.

We are also pleased to be welcoming some of the authors of the articles published in the Issue to participate in a ‘Q & A’ session.

The launch will take place on Wednesday 23 September 2020 via online live stream from the Journal’s Youtube channel at 6:30pm. A link will be emailed in advance of the premiere to registered attendees.

To register your attendance, please RSVP before 12:00pm, 23 September 2020 here.

Issue 43(2) to Launch on 29 June 2020

The University of New South Wales Law Journal is pleased to announce that the launch of Issue 43(2) will take place on 29 June 2020 via Youtube live stream. The General Issue will feature 12 articles across a range of legal topics. The launch topic ‘Evaluating Statutory Reform’ has been inspired by three of the articles to be published in the Issue: Ben Mathews and Elizabeth Dallaston explore inconsistencies in national reform of civil statutes of limitations for child sexual abuse claims; Ben White, Katrine del Villar, Eliana Close and Lindy Willmott critically analyse the extent to which recent voluntary assisted dying legislation reflects its stated policy goals; and Laura Griffin and Gemma Briffa examine the effectiveness of Victorian civil liability reform in clarifying institutional liability for child abuse.

The further articles in the Issue address a range of legal issues including: the incompatibility of irreducible life sentences with human rights; use of a Parramatta historic institutional facility as a Site of Conscience; the Australian Prudential Regulation Authority’s performance against its legislated objectives; legislation criminalising fraudulent procurement of sex; law enforcement confusion over legal ownership of information; recent legislative bail reforms; predatory conduct by online payday lenders; expert evidence to counteract jury misconceptions about sexual consent; and the role of legal and health practitioners in combating elder abuse.

We are delighted to be welcoming the Hon Justice Sarah Derrington of the Federal Court of Australia, President of the Australian Law Reform Commission, to deliver the keynote address. From 1990 until her appointment to the bench and the Australian Law Reform Commission in 2018, Justice Derrington practised as a barrister at the Queensland Bar, specialising in maritime and shipping law, general commercial law and arbitration. While at the bar, Justice Derrington also completed an LLM and PhD in the field of marine insurance law at the University of Queensland, where she was appointed Professor of Admiralty Law in 2008 and Dean of Law in 2013. Justice Derrington is also a Director of the Australian Maritime College, the Commonwealth Admiralty Rules Committee, and the Council of the Australian National Maritime Museum, and a Fellow of the Nautical Institute and the Australian Academy of Law.

Justice Derrington’s keynote address will be followed by a question and answer session with the following authors to be published in Issue 43(2):
• Ben Mathews, co-author of ‘Reform of Civil Statutes of Limitation for Child Sexual Abuse Claims: Seismic Change and Ongoing Challenges’;
• Ben White, co-author of ‘Does the Voluntary Assisted Dying Act 2017 (Vic) Reflect Its Stated Policy Goals?’;
• Laura Griffin, co-author of ‘Still Awaiting Clarity: Why Victoria’s New Civil Liability Laws for Organisational Child Abuse Are Less Helpful than They Appear’;
• Jianlin Chen, author of ‘Fraudulent Sex Criminalisation in Australia: Disparity, Disarray and the Underrated Procurement Offence’; and
• Julia Quilter, co-author of ‘Changing the Rules on Bail: An Analysis of Recent Legislative Reforms in Three Australian Jurisdictions’.

We invite attendees to submit questions for the authors on the launch topic, the subject matter of their articles, or any other legal topic via email to law.journal@unsw.edu.au by Tuesday 16 June for questions addressed to Professor Ben White, Dr Laura Griffin and Associate Professor Jianlin Chen, and end of Thursday 18 June for questions addressed to Professor Ben Mathews and Associate Professor Julia Quilter.

Questions may be submitted to the authors under the name of the attendee or anonymously, according to your preference. Selected questions will be asked of the authors at the online launch event, where they will deliver brief answers of approximately 3 minutes per question.

The launch will take place on Monday 29 June 2020 via online live stream, from 6.30pm to 8.00pm. Further details of the online live stream will be announced closer to the date.

To register your attendance, please RSVP by 12:00pm, 28 June 2020 here.

Call for Submissions to the University of New South Wales Law Journal Issue 44(1)

First 2021 Thematic: ‘Rights Protection amidst COVID-19’

The UNSW Law Journal is currently welcoming submissions for Issue 44(1). The Issue will comprise of both a general component and a thematic component, with articles directed to the theme ‘Rights Protection amidst COVID-19’.

COVID-19 is mounting an unprecedented challenge to the Australian legal system. The virus is of a scale unseen in the last century – since the Spanish Influenza – during which sweeping advancements in technology, science, global politics and globalisation have fundamentally reshaped our legal system. Whilst media coverage and online legal advice are available in abundance, accurate, rigorous and peer reviewed information is scarce. Academic discourse is necessary to ensure the novel legal issues raised by COVID-19 are thoroughly and critically discussed.

Australia, like the rest of the world, faces what Scott Morrison has labelled a ‘twin crisis’ – ‘a crisis on a health front, which is also causing a crisis in the economy’. As the Government rushes to contain and eliminate COVID-19, legal and moral rights face the possibility of being invoked or undermined. Issue 44(1) aims to focus on the accessibility of individual rights and their tension with the broader public’s interests in light of COVID-19.

The submission deadline for the thematic Issue 44(1) is 5 September 2020, with publication of Issue 44(1) set for late March 2021. 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 44(1), please contact the Journal at law.journal@unsw.edu.au.

Issue 43(1) to Launch on 26 March 2020

The University of New South Wales Law Journal is delighted to announce that the launch of Issue 43(1) will take place on 26 March 2020. The General Issue will feature 11 articles across a range of legal topics. The launch topic ‘Expanding Human Rights Perspectives’ has been inspired by three of the articles to be published in the Issue: Justine Bell-James and Briana Collins explore the potential for a human rights-based climate case in Australia, Cathy Sherry examines the applicability of discrimination law to residential strata schemes, and David Carter critically examines the government’s coercive use of public health and biosecurity powers. You can find Advance versions of the articles to be published here.

We are delighted to be welcoming Ms Kate Eastman SC to deliver the keynote address. Kate Eastman SC completed her studies in the BA/LLB course at the UNSW Law School in 1989. Since then she undertaken postgraduate legal studies in London, Sydney and Florence. She has worked as a solicitor at Allens, a legal officer at the Australian Human Rights Commission and for the past 22 years as a barrister. Her work covers a range of areas including employment, discrimination, human rights and public law. She is also a Senior Fellow with Monash Law School. In 2019 she was awarded the Australian Human Rights Commission’s Law Award for her contribution to pro-bono work in human rights law.

The further articles in the Issue address a range of legal issues including: the taxation and pricing of natural gas; lawyer use in road traffic injury compensation claims; the ‘always speaking’ approach to statutory interpretation; the inadequacies of sexual harassment laws; the role of independent advice in two-party and three-party cases; exemptions of IP licence conditions in competition law; remedial discretion and proprietary estoppel; and the influence of laws on the experience of ‘home’.

The launch will take place on Thursday 26 March 2020 at the Sydney offices of our premier sponsor Allens, from 6.30pm to 8.30pm.

Please register your attendance via Eventbrite before 12:00pm Wednesday 25 March.

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