Scholarship for the Legal Community

Tort law

Statute and Theories of Vicarious Liability (Opens in a new tab/window)

Joachim Dietrich and Iain Field, (2020) 43(2) Melbourne University Law Review 515

The Evolution from Strict Liability to Negligence: Implications for the Tort of Private Nuisance (Opens in a new tab/window)

Anthony Gray, (2020) 94(9) Australian Law Journal 699

An Empirical Study of Exemplary Damages in Australia (Opens in a new tab/window)

Felicity Maher, (2020) 43(2) Melbourne University Law Review 694

Sentencing

Indigenous over-incarceration and individualised justice in light of Bugmy v The Queen (Law Library login required) (Opens in a new tab/window)

Guy C Charlton, (2021) 50 Australian Bar Review 427

An Ancient Remedy for Modern Ills: The Prerogative of Mercy and Mandatory Sentencing (Opens in a new tab/window)

Julian R Murphy et al, (2020) 46(3) Monash University Law Review 252

The Devil You Know Is Not Better – The Non-Consensual Distribution of Intimate Images and Sentencing (Opens in a new tab/window)

Marilyn Bromberg, (2020) 44(3) Criminal Law Journal 173

Offenders Risking Deportation Deserve a Sentencing Discount but the Reduction Should Be Provisional (Opens in a new tab/window)

Mirko Bagaric, Theo Alexander, and Brienna Bagaric (2020), 43(2) Melbourne University Law Review 423

Evidence

Injustice Arising from the Unnoticed Power of Priming: How Lawyers and Even Judges can be Misled by Unreliable Transcripts of Indistinct Forensic Audio (Opens in a new tab/window)

Helen Fraser and Yuko Kinoshita, (2021) 45(3) Criminal Law Journal 142

Facial Recognition and Image Comparison Evidence: Identification by Investigators, Familiars, Experts, Super-Recognisers and Algorithms (Opens in a new tab/window)

Gary Edmond et al, (2021) 45(1) Melbourne University Law Review

Respects of Character (Opens in a new tab/window)

Greg Taylor, (2020) 44(1) Criminal Law Journal 32

Regulating Forensic Science and Medicine Evidence at Trial: It's Time for a Wall, a Gate and Some Gatekeeping (Opens in a new tab/window)

Gary Edmond, (2020) 94 Australian Law Journal 427

Myths, Misconceptions and Mixed Messages: An Early Look at the New Tendency and Coincidence Evidence Provisions (Opens in a new tab/window)

David Hamer, (2021), 45 Criminal Law Journal 232

Equity, trusts and estates

Reconceptualising Fiduciary Regulation in Actual Conflicts (Opens in a new tab/window)

Man Yip and Kelvin FK Low, (2021) 45(1) Melbourne University Law Review

The Requirement of Property or Possessory Rights for Relief against Forfeiture (Opens in a new tab/window)

Fabian Di Lizia, (2021) 95 Australian Law Journal 641

Unjust Enrichment in Australia: What Is(n't) It? Implications for Legal Reasoning and Practice (Opens in a new tab/window)

Kit Barker, (2020) 43(3) Melbourne University Law Review 903

Public law (including human rights)

What Makes an Administrative Decision Unreasonable? (Opens in a new tab/window)

Hasan Dindjer, (2021) 84(2) Modern Law Review 265

Consumer and competition law

Unconscionable conduct under the Australian Consumer Law: Clarification and Contention (Opens in a new tab/window)

Philip H Clarke, (2021) 49 Australian Business Law Review 180

Systems of misconduct: Corporate culpability and statutory unconscionability (Opens in a new tab/window)

Elise Bant and Jeannie Marie Paterson, (2021) 15 Journal of Equity 63

Why scholarship matters

The Academy and The Courts: What Do They Mean To Each Other Today? (Opens in a new tab/window)

Kiefel CJ, (Speech, Australian Academy of Law Patrons, Brisbane, 31 October 2019)

Judges and Academics, and the Endless Road to Unattainable Perfection (Opens in a new tab/window)

Lord Burrows (Lionel Cohen Lecture, Law Faculty of the Hebrew University of Jerusalem, 25 October 2021)