Relevant bibliographies by topics / Australian law

Academic literature on the topic 'Australian law'

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Published: 4 June 2021
Last updated: 20 February 2023

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Journal articles on the topic "Australian law"

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Wolff, Leon. "Litigiousness in Australia: Lessons from Comparative Law." Deakin Law Review 18, no. 2 (December 1, 2014): 271. http://dx.doi.org/10.21153/dlr2013vol18no2art39.

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How litigious are Australians? Although quantitative studies have comprehensively debunked the fear of an Australian civil justice system in crisis, the literature has yet to address the qualitative public policy question of whether Australians are under- or over-using the legal system to resolve their disputes. On one view, expressed by the insurance industry, the mass media and prominent members of the judiciary, Australia is moving towards an American-style hyper-litigiousness. By contrast, Australian popular culture paints the typical Australian as culturally averse to formal rights assertion. This article explores the comparative law literature on litigiousness in two jurisdictions that have attracted significant scholarly attention — the United States and Japan. More specifically, it seeks to draw lessons from this literature for both understanding litigiousness in modern Australia and framing future research projects on the issue.
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Morfesi, David, and Iain Sandford. "Effective Compliance with Trade Law and International Business Integrity Requirements in Australia." Global Trade and Customs Journal 8, Issue 10 (October 1, 2013): 328–37. http://dx.doi.org/10.54648/gtcj2013046.

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This article considers the framework of Australian law, policy and institutions that raise compliance issues for enterprises undertaking business into and out of Australia. It provides a brief, practical perspective on the Australian frameworks that regulate: general import and export compliance; compliance with special regimes affecting certain goods, such as defence and strategic items; as well as Australia's strict quarantine requirements for food, biological products and other goods that risk introducing exotic pests and diseases. It also addresses Australia's increasing emphasis on 'business integrity' issues that affect how, where and with whom business is done. The article concludes by suggesting that Australian law requirements should be addressed in the context of the global compliance systems of internationally active businesses.
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Mitchell, Andrew D. "Is Genocide a Crime Unknown to Australian Law? Nulyarimma v. Thompson." Yearbook of International Humanitarian Law 3 (December 2000): 362–83. http://dx.doi.org/10.1017/s1389135900000702.

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While it is clear that international treaties become part of Australian domestic law only once implemented by domestic legislation, it is less certain whether implementing legislation is required to incorporate customary international law into Australian law. This question is assuming a new importance as international law moves beyond dealing simply with relationships between sovereign nations to protecting the human rights of groups and individuals within states. Since the arrival of Europeans, indigenous Australians have witnessed enormous violations of their human rights. InNulyarimmav.Thompson, members of the Aboriginal community alleged that certain Commonwealth Ministers and Members of Parliament had committed genocide, and sought various remedies. Since Australia has not implemented the Convention on the Prevention and Punishment of the Crime of Genocide by legislation, the case squarely raised the issue of whether customary international law, and in particular international criminal law, could become part of Australian law without the assistance of Parliament.
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Black, C. "Maturing Australia through Australian Aboriginal Narrative Law." South Atlantic Quarterly 110, no. 2 (April 1, 2011): 347–62. http://dx.doi.org/10.1215/00382876-1162489.

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Croft, Clyde. "Recent Developments in Arbitration in Australia." Journal of International Arbitration 28, Issue 6 (December 1, 2011): 599–616. http://dx.doi.org/10.54648/joia2011046.

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Australia has recently modernized its international and domestic commercial arbitration law to reflect (with some amendments) the 2006 version of the UNCITRAL Model Law on International Commercial Arbitration. As well as legislative reform, Australia has taken practical steps such as providing new dispute resolution facilities and specialist court arbitration lists to enhance Australia as an arbitral seat. Recent judgments by Australian courts have been supportive of international arbitration and have indicated a willingness to apply the international jurisprudence relating to the Model Law and the New York Convention. These improvements have increased Australia's attractiveness as an arbitral seat.
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Suarez, Megan. "Aborginal English in the Legal System." Australian Journal of Indigenous Education 27, no. 1 (July 1999): 35–42. http://dx.doi.org/10.1017/s1326011100001526.

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The Australian legal system is based on the principle of equality before the law for all its citizens. The government of Australia also passed the international Human Rights and Equal Opportunity Commission Act in 1986, although these rights are not accessible to all Australians in the legal system (Bird 1995:3). The Australian legal system has failed to grant equality for all its people. The Aboriginal community is severely disadvantaged within the legal system because the Australian criminal justice system has “institutionalised discrimination” against Aboriginal people through communication barriers (Goldflam 1995: 29).
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Weatherburn, Don. "Law and Order Blues." Australian & New Zealand Journal of Criminology 35, no. 2 (August 2002): 127–44. http://dx.doi.org/10.1375/acri.35.2.127.

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This paper discusses law and order politics and policy in Australia. It challenges the conventional criminological wisdom that Australia does not have a serious crime problem. It argues that, while political responses to crime are all too frequently irrational, this is not because Australian state and territory governments so often rely on punitive law and order policies. Australian law and order policy is irrational because it usually lacks any clear rationale, is rarely subjected to any effectiveness or cost-effectiveness evaluation, frequently ignores the possibility of unintended side-effects and is occasionally founded on a misdiagnosis of the crime problem that prompts it. The paper concludes by discussing various explanations for this state of affairs and what can be done about it.
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Bird, Ruth. "Legal Research and the Legal System in Australia." International Journal of Legal Information 28, no. 1 (2000): 70–92. http://dx.doi.org/10.1017/s073112650000888x.

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The law in Australia is derived from legislation passed in Australian parliaments, at Federal and State level, together with the English Common law tradition and the Australian Common Law which developed from the English Common Law.
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Christiansen, Thomas. "When Worlds Collide in Legal Discourse. The Accommodation of Indigenous Australians’ Concepts of Land Rights Into Australian Law." Studies in Logic, Grammar and Rhetoric 65, no. 1 (December 1, 2020): 21–41. http://dx.doi.org/10.2478/slgr-2020-0044.

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Abstract The right of Australian Indigenous groups to own traditional lands has been a contentious issue in the recent history of Australia. Indeed, Aborigines and Torres Strait Islanders did not consider themselves as full citizens in the country they had inhabited for millennia until the late 1960s, and then only after a long campaign and a national referendum (1967) in favour of changes to the Australian Constitution to remove restrictions on the services available to Indigenous Australians. The concept of terra nullius, misapplied to Australia, was strong in the popular imagination among the descendants of settlers or recent migrants and was not definitively put to rest until the Mabo decision (1992), which also established a firm precedent for the recognition of native title. This path to equality was fraught and made lengthy by the fact that the worldviews of the Indigenous Australians (i.e. Aborigines and Torres Strait Islanders) and the European (mainly British and Irish) settlers were so different, at least at a superficial level, this being the level at which prejudice is typically manifested. One area where this fact is particularly evident is in the area of the conceptualisation of property and especially the notion of land “ownership” and “use”. In this paper, we will focus on these terms, examining the linguistic evidence of some of the Australian languages spoken traditionally by Indigenous Australians as one means (the only one in many cases) of gaining an insight into their worldview, comparing it with that underlying the English language. We will show that the conceptualisations manifested in the two languages are contrasting but not irreconcilable, and indeed the ability of both groups of speakers (or their descendants in the case of many endangered Australian languages) to reach agreement and come to develop an understanding of the other’s perspective is reason for celebration for all Australians.
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McEniery, Ben. "Physicality in Australian Patent Law." Deakin Law Review 16, no. 2 (December 1, 2011): 461. http://dx.doi.org/10.21153/dlr2011vol16no2art110.

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It is generally understood that the patent system exists to encourage the conception and disclosure of new and useful inventions embodied in machines and other physical devices, along with new methods that physically transform matter from one state to another. What is not well understood is whether, and to what extent, the patent system is to encourage and protect the conception and disclosure of inventions that are non-physical methods — namely those that do not result in a physical transformation of matter. This issue was considered in Grant v Commissioner of Patents. In that case the Full Court of the Federal Court of Australia held that an invention must involve a physical effect or transformation to be patentable subject matter. In doing so, it introduced a physicality requirement into Australian law. What this article seeks to establish is whether the court’s decision is consistent with the case law on point. It does so by examining the key common law cases that followed the High Court’s watershed decision in National Research Development Corporation v Commissioner of Patents, the undisputed authoritative statement of principle in regard to the patentable subject matter standard in Australia. This is done with a view to determining whether there is anything in those cases that supports the view that the Australian patentable subject matter test contains a physicality requirement.
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Dissertations / Theses on the topic "Australian law"

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Gibb, Susan Jennifer. "Privacy and Australian law." Title page, contents and abstract only, 1987. http://web4.library.adelaide.edu.au/theses/09PH/09phg4372.pdf.

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Horgan, Sharon. "The impact of globalisation on Australian finance law and financial services law." Thesis, Horgan, Sharon (2012) The impact of globalisation on Australian finance law and financial services law. PhD thesis, Murdoch University, 2012. https://researchrepository.murdoch.edu.au/id/eprint/10691/.

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This thesis examines the impact of globalisation on areas of innovative legislative change, policy development and law reform in Australian finance law and financial services law. ‘Globalisation’ has had extensive influence on the law reform and regulation affecting companies and corporations, financial services, fundraising, managed investments, takeovers, finance, disclosure issues, the futures industry and the securities industry. Australian finance law and financial services law reform also impacts on the areas of trusts and equity, property law, secured transactions law, administrative law and takeover law. Globalisation has been an influential factor since the 1990’s on Australian financial services and corporate law reform development in the context of the global financial system. The origin in the pre-globalisation era of the influence of globalisation on Australian domestic policy and law reform developments in finance law and financial services law is considered in this thesis. Since the 1990’s, a globalisation based focus arose from international banking and corporate developments, which resulted in extensive international statutory and policy changes. These changes have had considerable impact on Australian finance and financial services law reform and related areas of Australian law and policy. In addition, the role of globalisation and electronic commerce on Australian finance law and financial services law is considered in this thesis. This thesis analyses the nature of globalisation theory and the process of globalisation, which is designed to ensure a free movement of capitalism so that banking and financial entities would be able to facilitate industry as well as electronic commerce transactions. This interweaving of globalisation and electronic commerce (as a mechanism in globalisation) in the free international movement of capital and labour is intended to bolster international banking systems, economies and industries. In practice, this close relationship between globalisation, electronic commerce and domestic law reform/policy development has caused problems in times of economic crisis since the Global Financial Crisis began in 2007. The conclusions drawn in this thesis demonstrate the role that globalisation has had on the development of law and policy in Australia in finance law and financial services law.
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Coffey, Josephine Margaret. "Continuous Disclosure for Australian Listed Companies." University of Sydney. School of Business, 2002. http://hdl.handle.net/2123/510.

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ABSTRACT This thesis investigates the legal and theoretical basis of continuous disclosure regulation in Australia as it applies to listed companies. An empirical study is undertaken to further investigate the operation of the legislation. As part of the Enhanced Disclosure regime, the continuous disclosure provision was effective from 5 September 1994 as s1001A of the Corporations Law, now the Corporations Act 2001 (Cth). This statutory provision is replaced by s674, inserted by Schedule 2 to the Financial Services Reform Act 2001 (Cth), and effective from 11 March 2002. The provision reinforces Australian Stock Exchange (ASX) listing rule 3.1. The rule requires a listed disclosing entity to notify ASX immediately of information that would be expected to have a �material effect� on the share price of the company. However, the disclosure requirement is weakened by a number of specific exemptions or �carve-outs� to listing rule 3.1. If a reasonable person would not expect the information to be disclosed, and if the confidentiality of the information is maintained, then disclosure is not mandatory in special circumstances. This study analyses 427 query notices, issued by ASX to listed companies from July 1995 to April 1996. The queries request information concerning unexplained movements in a company�s share price or a failure to comply with the listing rules. An analysis of the companies� replies to these notices provides a profile of the type of company that is likely to be queried. The study also attempts to evaluate the extent to which these companies have relied on the �carve-outs� as an exemption to the regulation.
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Brooklyn, Bridget. "Something old, something new : divorce and divorce law in South Australia, 1859-1918." Title page, contents and summary only, 1988. http://web4.library.adelaide.edu.au/theses/09PH/09phb872.pdf.

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Spence, Michael. "Australian estoppel and the protection of reliance." Thesis, University of Oxford, 1995. https://ora.ox.ac.uk/objects/uuid:bcf8b590-1ff6-4b14-a830-32483621346e.

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This thesis focuses upon recent Australian developments in the law of estoppel. It provides a justification and basis in principle for the doctrine of estoppel described in cases such as Waltons Stores (Interstate) Ltd v Maher (1987-1988) 164 C.L.R. 387 and Commonwealth of Australia v Verwayen (1990) 170 C.L.R. 394. This basis is found in the principle that we ought all to take reasonable steps to ensure the reliability of the assumptions that we induce in others. Ensuring the "reliability" of an induced assumption means ensuring that a party who relies upon the assumption does not thereby suffer harm: harm in the sense that he is worse off because the assumption has proved unjustified than he would have been had it never been induced. The thesis suggests a pattern for the development of the Australian law of estoppel reflecting that basis in principle. It further demonstrates the potential usefulness of the doctrine with specific reference to (i) pre-contractual negotiations and letters of intent, (ii) firm offers to contract, (iii) variations of contract unsupported by consideration, and (iv) the "battle of forms".
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Ward, Helen. "The "adequacy of their attention": gender-bias & the introductory law course in Australian law schools /." Title page, contents and abstract only, 1999. http://web4.library.adelaide.edu.au/theses/09LM/09lmw258.pdf.

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Banks, Catherine, and n/a. "Lost in Translation: A History of Moral Rights in Australian Law." Griffith University. Griffith Law School, 2005. http://www4.gu.edu.au:8080/adt-root/public/adt-QGU20061006.114720.

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This thesis is a history of moral rights in Australian law. It traces the historical discourse about moral rights in Australian law and demonstrates how that discourse has shaped the meaning moral rights have come to assume in their current form under the current regime contained in the Copyright Amendment (Moral Rijghts) Act 2000. This history examines the reception and later production of a moral rights discourse in Australian law, and reveals that the historical discourse about Australian moral rights was dominated by the three themes; foreignness, international obligation and economic impact. I contend these three themes fundamentally shaped moral rights as they now appear in the moral rights regime. As the history unfolds, it will become clear that the moral rights regime was organised around a specific repertoire of arguments and imaginings, and it is this discourse that informs this thesis. My argument is pursued in three stages. Section One of the thesis provides the historical detail of the moral rights trajectory in Australian jurisprudence, and reveals, within that history, the emergence of three dominant themes, which are pursued in subsequent detail. In addition to the history, this section also provides detailed discussion of the legislative provisions in order to illustrate moral rights as a product of the history, and it highlights some of the shortcomings of the regime and provides some background for the case study in Section Two. Section Two of the thesis interrogates the structure of the moral rights regime by applying the Act's provisions to the case study of indigenous creators, thus providing a contemporary example of how these rights may work in practice, as the result of the historical discourse. Thus this section sets the scene for final part of the thesis, which delves further into the historical discourse. Section Part Three follows the themes of the moral rights debate as they emerged historically. Reconceptualizing the moral rights discourse in this way helps to explain why the debates about moral rights took a particular course and produced the outcomes it did. The starting point for these discussions is a detailed examination of the themes of foreignness, international obligation and economic impact, and follows these themes as they evolved chronologically. In particular, the discussion reveals that the debates about moral rights effectively fall into two eras. The first era (1928-1988) centred around the question of whether Australia should introduce moral rights and the debates about the appropriateness of the reception. At the commencement of the second era (1988-2000) the question shifted to what form moral rights should take. This then provides a backdrop with which to understand why specific discussions about moral rights were sidelined during the years of debates leading up to the legislation; in particular, the subject and the object; which form the fulcrum of a moral rights action. This is an essential part of the history because it explains why the subject and the object came to be imagined and constructed in such a narrow and limited way and clarifies why the moral rights provisions appear manifestly ineffective, particularly for indigenous creators and their communities. This thesis contributes to legal history in three important ways. First, it provides a detailed account of a discourse about moral rights in Australian law, and in doing so challenges the long held assumptions about their reception and production. Second, it highlights the importance of history to legal discourse. Just as regulatory regimes, institutions, and rules are integral to the law, so too are the informal practices, discourses and contexts on which they were based. Third, it reminds the reader that history is a signpost, and this history of moral rights demonstrates that the way this law was derived, imagined and constructed has significance for the social, cultural and legal context in which that process takes place.
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Bargenda, Julia Anna [Verfasser]. "Australian Law Reform Commission : Ein Modell für Deutschland? / Julia Anna Bargenda." Frankfurt : Peter Lang GmbH, Internationaler Verlag der Wissenschaften, 2013. http://d-nb.info/1042425280/34.

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Banks, Catherine. "Lost in Translation: A History of Moral Rights in Australian Law." Thesis, Griffith University, 2005. http://hdl.handle.net/10072/365849.

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This thesis is a history of moral rights in Australian law. It traces the historical discourse about moral rights in Australian law and demonstrates how that discourse has shaped the meaning moral rights have come to assume in their current form under the current regime contained in the Copyright Amendment (Moral Rijghts) Act 2000. This history examines the reception and Inter production of a moral rights discourse in Australian law, and reveals that the historical discourse about Australian moral tights was dominated by the three themes; foreignness, international obligation and economic impact. I contend these three themes fundamentally shaped moral rights as they now appear in the moral rights regime. As the history unfolds, it will become clear that the moral rights regime was organised around a specific repertoire of arguments and imaginings, and it is this discourse that informs this thesis. My argument is pursued in three stages. Section One of the thesis provides the historical detail of the moral rights trajectory in Australian jurisprudence, and reveals, within that history, the emergence of three dominant themes, which are pursued in subsequent detail. In addition to the history, this section also provides detailed discussion of the legislative provisions in order to illustrate moral rights as a product of the history, and it highlights some of the shortcomings of the regime and provides some background for the case study in Section Two. Section Two of the thesis interrogates the structure of the moral rights regime by applying the Act's provisions to the case study of indigenous creators, thus providing a contemporary example of how these rights may work in practice, as the result of the historical discourse. Thus this section sets the scene for final part of the thesis, which delves further into the historical discourse. Section Part Three follows the themes of the moral rights debate as they emerged historically. Reconceptualizing the moral tights discourse in this way helps to explain why the debates about moral rights took a particular course and produced the outcomes it did. The starting point for these discussions is a detailed examination of the themes of foreignness, international obligation and economic impact, and follows these themes as they evolved chronologically. In particular, the discussion reveals that the debates about moral rights effectively fall into two eras. The first era (1928-1988) centred around the question of whether Australia should introduce moral rights and the debates about the appropriateness of the reception. At the commencement of the second era (1988-2000) the question shifted to what form moral rights should take. This then provides a backdrop with which to understand why specific discussions about moral rights were sidelined during the years of debates leading up to the legislation; in particular, the subject and the object; which form the fulcrum of a moral rights action. This is an essential part of the history because it explains why the subject and the object came to be imagined and constructed in such a narrow and limited way and clarifies why the moral rights provisions appear manifestly ineffective, particularly for indigenous creators and their communities. This thesis contributes to legal history in three important ways. First, it provides a detailed account of a discourse about moral rights in Australian law, and in doing so challenges the long held assumptions about their reception and production. Second, it highlights the importance of history to legal discourse. Just as regulatory regimes, institutions, and rules are integral to the law, so too are the informal practices, discourses and contexts on which they were based. Third, it reminds the reader that history is a signpost, and this history of moral rights demonstrates that the way this law was derived, imagined and constructed has significance for the social, cultural and legal context in which that process takes place.
Thesis (PhD Doctorate)
Doctor of Philosophy (PhD)
Griffith Law School
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Herne, Stephen Charles. "A jurisprudence of difference : the denial of full respect in the Australian law of native title." University of Western Australia. Law School, 2009. http://theses.library.uwa.edu.au/adt-WU2008.0262.

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Books on the topic "Australian law"

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Butler, D. A. Australian media law. 2nd ed. Sydney: LawBook Co., 2004.

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Turner, C. F. Australian commercial law. 2nd ed. Pyrmont, NSW: LBC Information Services, 1999.

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Turner, C. F. Australian commercial law. 2nd ed. Sydney: Lawbook Co., 2009.

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Australian commercial law. 2nd ed. Pyrmont, N.S.W: Lawbook Co., 2010.

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Turner, C. F. Australian commercial law. North Ryde, N.S.W: Law Book Co., 1990.

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Turner, C. F. Australian commercial law. Sydney: Law Book Co., 1992.

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Tarr, A. A. Australian insurance law. Sydney: Law Book Co., 1987.

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Tomasic, Roman. Australian administrative law. Sydney: Law Book Co., 1991.

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Fisher, D. E. Australian environmental law. Sydney: Lawbook Co., 2003.

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Stickley, Amanda. Australian torts law. 3rd ed. Chatswood, N.S.W: LexisNexis Butterworths, 2013.

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Book chapters on the topic "Australian law"

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John, Waugh. "Part I Foundations, Ch.2 Settlement." In The Oxford Handbook of the Australian Constitution. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198738435.003.0003.

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This chapter explores the law of Australian colonization and its relationship with the laws of Australia's Indigenous peoples. A line of legal continuity links the Australian Constitution to the imposition of British law made during the colonization of Australia and to the decisions of colonial courts that treated the Australian colonies as colonies of settlement. Those decisions, after some initial doubts, displaced the diverse and intricate laws of Australia’s Indigenous peoples, who have occupied the continent for tens of thousands of years. Only in relation to native title to land have later courts made a major reassessment of the status of Indigenous laws. There, the High Court has challenged the factual assumptions of earlier decisions and found accommodation for Indigenous land ownership within the common law, but left the legal framework of colonization otherwise intact.
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John M, Williams. "Part III Themes, Ch.16 Republicanism." In The Oxford Handbook of the Australian Constitution. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198738435.003.0017.

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This chapter discusses and evaluates the various approaches to republicanism in Australia. It first briefly outlines Australia's current monarchical Constitution, highlighting the textual ties to the monarchy and those aspects that confirm Australia's status as something less than constitutionally independent. The chapter then deals with three faces of Australian republicanism. It explores a number of manifestations of Australian independence that have shaped the narrative that has simultaneously advanced and retarded the republican debate. Afterward, this chapter explores the technical steps and alterations that have emerged with the republican debate in the late 1990s. It highlights key influences on this debate and in particular the quest for a ‘minimalist’ republic. Finally, the chapter briefly investigates the future direction of Australian republicanism.
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Hilary, Charlesworth. "Part III Themes, Ch.18 Australia in the International Order." In The Oxford Handbook of the Australian Constitution. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198738435.003.0019.

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This chapter offers an account of Australia's engagement with the international legal order, through different aspects of the relationship: designing international institutions, litigating in the World Court, and implementing international standards. These are only fragments of the full picture, but they illustrate both Australia's embrace of and distancing from the international legal order. Australia's relationship with the international legal order overall is marked by a deep strand of ambivalence. It has played both the part of a good international citizen as well as that of an international exceptionalist. In some fields, Australia has engaged creatively in international institution-building, even if with a wary eye to protect certain Australian interests. In other areas, particularly human rights, the relationship is distinctly uneasy, with Australia appearing to believe that international standards should regulate others and that it is somehow above scrutiny.
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Elisa, Arcioni. "Part III Themes, Ch.14 Citizenship." In The Oxford Handbook of the Australian Constitution. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198738435.003.0015.

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This chapter examines the uneasy relationship between the Australian Constitution and membership of the Australian polity. Unlike some constitutions, the Australian Constitution contains no mention of ‘citizenship’. Instead, formal membership of the Australian community is determined by reference to the constitutional categories of ‘subjects of the Queen’ and ‘people of the Commonwealth’ and through the legislative definition of citizenship under federal law. These peculiar features of the Australian context reflect what is generally assumed to be the modest role of the Constitution in determining national identity and the fact that Australia was not an independent nation at the time of the Constitution's drafting. Developments in legislation, constitutional jurisprudence, and mooted constitutional amendments all point towards a greater role for the Constitution in determining Australian ‘citizenship’ in the future.
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Gerard, Carney. "Part II Constitutional Domain, Ch.12 State Constitutions." In The Oxford Handbook of the Australian Constitution. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198738435.003.0013.

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This chapter explores the peculiar role and status of the State Constitutions in Australia: how they provide for the constitutional system of each State, the extent to which they operate as superior law, and the relationship they have with the Commonwealth Constitution. The Constitutions of the six Australian States are less well known than the Australian Constitution, although their history is longer and their existence is fundamental to the Australian constitutional order. Their most significant feature is that they exist as legal instruments separate from the Australian Constitution. Pre-existing the Australian Constitution as the Constitutions of the colonial forebears of the States, they were retained ‘as is’ upon federation, except in so far as they were qualified by the Australian Constitution in order to create the federal system. No change was imposed, however, on the substance or structure of the new State Constitutions.
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Susan, Crennan. "Part I Foundations, Ch.3 Federation." In The Oxford Handbook of the Australian Constitution. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198738435.003.0004.

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This chapter discusses the federation of Australia, which has been described as ‘the greatest political achievement in Australian history’. In fact, this achievement transcended intercolonial rivalries, disparate fiscal policies, and other inequalities and distinctions between the Australian colonies, and personal and political antagonisms. The embodiment of federation, the Australian Constitution, a ‘political instrument’, furthermore combines constitutional monarchy, separate legislative, executive, and judicial powers as in the United States of America, and responsible parliamentary government modelled on the Westminster system and democracy. Federation required national sentiment and a national vision. It also required a willingness to accept compromise to further that national vision, tempered by widespread acceptance of continued dependence on Britain.
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Adrienne, Stone. "Part VII Rights, Ch.39 Expression." In The Oxford Handbook of the Australian Constitution. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198738435.003.0040.

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This chapter traces the way in which freedom of expression is recognized in Australian constitutional law. The absence of a provision protecting freedom of expression is just one aspect of a widely noted feature in the Australian Constitution, yet the full picture is considerably more complicated. Freedom of expression has long had a foothold in Australian constitutional law. In 1992, the High Court of Australia developed a doctrine known as ‘the freedom of political communication’ which, to some extent, operates like a guarantee or right of freedom of expression. The chapter considers the extent to which the freedom of political communication resembles an explicit and generally expressed right of freedom.
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Lisa Burton, Crawford, and Goldsworthy Jeffrey. "Part III Themes, Ch.15 Constitutionalism." In The Oxford Handbook of the Australian Constitution. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198738435.003.0016.

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This chapter explains how constitutionalism developed and how it currently operates in Australia. It first explains the historical developments whereby Australia combined elements of the British and American models of constitutionalism, which employ legal and political constitutionalism in very different ways. The chapter then describes three main stages in the development of Australian constitutionalism. The first was the establishment in the nineteenth century of colonial Constitutions, which employed a predominantly political form of constitutionalism and, upon federation in 1900, became the Constitutions of the six Australian States. The second was the establishment of the Commonwealth Constitution in 1900, which necessarily blended elements of political and legal constitutionalism. The third consists of more recent innovations by the High Court that have expanded the role of legal constitutionalism. Each development has built on its predecessor, resulting in a distinctive combination of political and legal constitutionalism.
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Michael, Crommelin. "Part VI Federalism, Ch.35 The Federal Principle." In The Oxford Handbook of the Australian Constitution. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198738435.003.0036.

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This chapter seeks to determine the content of the federal principle in Australia from the historical context of the Constitution, the text and structure of the Constitution, and the jurisprudence of the High Court of Australia. The federal principle is a foundational element of the Constitution, along with representative democracy, responsible government, separation of judicial power, and the rule of law. The Commonwealth of Australia Constitution Act 1900 (UK) provided for the people of the six Australian colonies to be united in ‘a Federal Commonwealth under the name of the Commonwealth of Australia’, a self-governing polity within the British Empire. Hence, the chapter reveals three core ingredients of the federal principle: multiple polities, limited authority of polities, and reciprocal responsibility among polities. These ingredients are tightly intertwined.
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Susan, Kenny. "Part I Foundations, Ch.5 Evolution." In The Oxford Handbook of the Australian Constitution. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198738435.003.0006.

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This chapter is about Australian constitutional evolution. It concerns the meaning, the processes, and the possibilities of constitutional change in Australia. ‘Constitutional evolution’ here means the transformation of the Australian constitutional system from its original form in 1901 into different forms until it reached the form we know today, by an aggregation of changes over time. These changes have mostly occurred in the constitutional space for which the written Constitution originally provided, with the result that, from 1901 until now, the Constitution has provided the framework for the Australian federation. The Constitution, as enacted by the British Parliament and as formally amended by popular referenda, has been critical to this evolutionary process; but the changes in the constitutional system, though consistent with the written text, have not been required by it.
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Conference papers on the topic "Australian law"

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Oyson, Manuel Jose. "The Law on Corporate Opportunity Transactions by Directors: A Comparative Analysis of Australian Law and Delaware Law." In 6th Annual International Conference on Law, Regulations and Public Policy (LRPP 2017). Global Science & Technology Forum (GSTF), 2017. http://dx.doi.org/10.5176/2251-3809_lrpp17.49.

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Soņeca, Viktorija. "Tehnoloģiju milžu ietekme uz suverēnu." In The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.1.18.

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In the last two decades, we have seen the rise of companies providing digital services. Big Tech firms have become all-pervasive, playing critical roles in our social interactions, in the way we access information, and in the way we consume. These firms not only strive to be dominant players in one market, but with their giant monopoly power and domination of online ecosystems, they want to become the market itself. They are gaining not just economic, but also political power. This can be illustrated by Donald Trump’s campaigns, in which he attempted to influence the sovereign will, as the sovereign power is vested in the people. The Trump campaigns' use of Facebook's advertising tools contributed to Trump's win at the 2016 presidential election. After criticism of that election, Facebook stated that it would implement a series of measures to prevent future abuse. For example, no political ads will be accepted in the week before an election. Another example of how Big Tech firms can effect the sovereign is by national legislator. For example, Australia had a dispute with digital platforms such as Facebook and Google. That was because Australia began to develop a News Media and Digital Platforms Mandatory Code. To persuade the Australian legislature to abandon the idea of this code, Facebook prevented Australian press publishers, news media and users from sharing/viewing Australian as well as international news content, including blocking information from government agencies. Such action demonstrated how large digital platforms can affect the flow of information to encourage the state and its legislature to change their position. Because of such pressure, Australia eventually made adjustments to the code in order to find a compromise with the digital platform. Also, when we are referring to political power, it should include lobbying and the European Union legislator. Tech giants are lobbying their interests to influence the European Union’s digital policy, which has the most direct effect on member states, given that the member states are bound by European Union law.
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Townsend, Christopher, Maria Seron, and Jose De Dona. "A state-dependent switching law to quadratically stabilise switched linear systems." In 2014 4th Australian Control Conference (AUCC). IEEE, 2014. http://dx.doi.org/10.1109/aucc.2014.7358709.

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Sambrooks, Lawrence, and Brett Wilkinson. "Comparison of gestural, touch, and mouse interaction with Fitts' law." In the 25th Australian Computer-Human Interaction Conference. New York, New York, USA: ACM Press, 2013. http://dx.doi.org/10.1145/2541016.2541066.

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Ichii, Makoto, Makoto Matsushita, and Katsuro Inoue. "An Exploration of Power-Law in Use-Relation of Java Software Systems." In 2008 19th Australian Conference on Software Engineering ASWEC. IEEE, 2008. http://dx.doi.org/10.1109/aswec.2008.4483231.

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Xu, Qian, J. L. Song, T. H. Yan, H. P. Du, B. He, and W. H. Li. "A Novel Exponential Reaching Law for Sliding Mode Control of Discrete-time System with Disturbance." In 2018 Australian & New Zealand Control Conference (ANZCC). IEEE, 2018. http://dx.doi.org/10.1109/anzcc.2018.8606619.

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"Australian Corporations and Business Associations Law—A Critical Analysis of Insolvent Trading." In 2018 2nd International Conference on Innovations in Economic Management and Social Science. Clausius Scientific Press, 2018. http://dx.doi.org/10.23977/iemss.2018.91408.

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Beirne, Kathleen. "Cyber risk to Australian democracy: cyber security from an election law perspective." In Hawaii International Conference on System Sciences. Hawaii International Conference on System Sciences, 2022. http://dx.doi.org/10.24251/hicss.2022.660.

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Su, Tiping. "People of Chinese Heritage in Australian National Memory." In Proceedings of the 2018 3rd International Conference on Politics, Economics and Law (ICPEL 2018). Paris, France: Atlantis Press, 2018. http://dx.doi.org/10.2991/icpel-18.2018.12.

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Hanly, S. V., I. B. Collings, Z. A. Shaikh, and P. Whiting. "Law of large numbers analysis of antenna selection aided downlink beamforming in massive MISO under RF chains constraint." In 2016 Australian Communications Theory Workshop (AusCTW). IEEE, 2016. http://dx.doi.org/10.1109/ausctw.2016.7433668.

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Reports on the topic "Australian law"

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Hooker, Reece, ed. Australian law enables state-authorised hacking and surveillance. Monash University, December 2021. http://dx.doi.org/10.54377/2654-ec85.

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Blackham, Alysia. Addressing Age Discrimination in Employment: a report on the findings of Australian Research Council Project DE170100228. University of Melbourne, November 2021. http://dx.doi.org/10.46580/124368.

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This project aimed to research the effectiveness of Australian age discrimination laws. While demographic ageing necessitates extending working lives, few question the effectiveness of Australian age discrimination laws in supporting this ambition. This project drew on mixed methods and comparative UK experiences to offer empirical and theoretical insights into Australian age discrimination law. It sought to create a normative model for legal reform in Australia, to inform public policy and debate and improve responses to demographic ageing, providing economic, health and social benefits.
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Vergani, Matteo, Angelique Stefanopoulos, Alexandra Lee, Haily Tran, Imogen Richards, Dan Goodhardt, and Greg Barton. Defining and identifying hate motives: bias indicators for the Australian context. Centre for Resilient and Inclusive Societies, November 2022. http://dx.doi.org/10.56311/pozs1016.

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This report presents bias indicators for the Australian context and discusses their concept, uses, benefits and risks. The bias indicators we present are the result of extensive consultations with local experts including academics and practitioners working in law enforcement agencies, government and non-government organisations and community organisations. Trigger warning: this report discusses multiple forms of trauma, hate, and discrimination, including physical violence, racism, and homophobia.
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Fielding, Marcus. War, Law and Order - Case Study: Australian Whole-of-Government Efforts to Develop the Security and Criminal Justice Sectors in Stabilization. Fort Belvoir, VA: Defense Technical Information Center, May 2012. http://dx.doi.org/10.21236/ada568678.

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Brassil, Anthony. The Consequences of Low Interest Rates for the Australian Banking Sector. Reserve Bank of Australia, December 2022. http://dx.doi.org/10.47688/rdp2022-08.

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There is a vast international literature exploring the consequences of low interest rates for various banking sectors. In this paper, I explore how this international literature relates to the Australian banking sector, which operates differently to other jurisdictions. In the face of low rates, the profitability of Australian banks has likely been less adversely affected than what the international literature would predict, but the flip side to this is that the pass-through of monetary policy to lending rates may have been more muted. I then use a recent advance in macrofinancial modelling to explore whether pass-through in Australia could turn negative – the so called 'reversal rate' – and find that the features of the Australian banking system mean a reversal rate is highly unlikely to exist in Australia.
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Cao, Shoufeng, Uwe Dulleck, Warwick Powell, Charles Turner-Morris, Valeri Natanelov, and Marcus Foth. BeefLedger blockchain-credentialed beef exports to China: Early consumer insights. Queensland University of Technology, May 2020. http://dx.doi.org/10.5204/rep.eprints.200267.

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The BeefLedger Export Smart Contracts project is a collaborative research study between BeefLedger Ltd and QUT co-funded by the Food Agility CRC. This project exists to deliver economic value to those involved in the production, export and consumption of Australian beef to China through: (1) reduced information asymmetry; (2) streamlined compliance processes, and; (3) developing and accessing new data-driven value drivers, through the deployment of decentralised ledger technologies and associated governance systems. This report presents early insights from a survey deployed to Chinese consumers in Nov/Dec 2019 exploring attitudes and preferences about blockchain-credentialed beef exports to China. Our results show that most local and foreign consumers were willing to pay more than the reference price for a BeefLedger branded Australian cut and packed Sirloin steak at the same weight. Although considered superior over Chinese processed Australian beef products, the Chinese market were sceptical that the beef they buy was really from Australia, expressing low trust in Australian label and traceability information. Despite lower trust, most survey respondents were willing to pay more for traceability supported Australian beef, potentially because including this information provided an additional sense of safety. Therefore, traceability information should be provided to consumers, as it can add a competitive advantage over products without traceability.
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Williams, Michael, Marcial Lamera, Aleksander Bauranov, Carole Voulgaris, and Anurag Pande. Safety Considerations for All Road Users on Edge Lane Roads. Mineta Transportation Institute, March 2021. http://dx.doi.org/10.31979/mti.2021.1925.

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Edge lane roads (ELRs), also known as advisory bike lanes or advisory shoulders, are a type of shared street where two-way motor vehicle (MV) traffic shares a single center lane, and edge lanes on either side are preferentially reserved for vulnerable road users (VRUs). This work comprises a literature review, an investigation of ELRs’ operational characteristics and potential road user interactions via simulation, and a study of crash data from existing American and Australian ELRs. The simulation evaluated the impact of various factors (e.g., speed, volume, directional split, etc.) on ELR operation. Results lay the foundation for a siting criterion. Current American siting guidance relies only upon daily traffic volume and speed—an approach that inaccurately models an ELR’s safety. To evaluate the safety of existing ELRs, crash data were collected from ELR installations in the US and Australia. For US installations, Empirical Bayes (EB) analysis resulted in an aggregate CMF of .56 for 11 installations observed over 8 years while serving more than 60 million vehicle trips. The data from the Australian State of Queensland involved rural one-lane, low-volume, higher-speed roads, functionally equivalent to ELRs. As motor vehicle volume grows, these roads are widened to two-lane facilities. While the authors observed low mean crash rates on the one-lane roads, analysis of recently converted (from one-lane to two-lane) facilities showed that several experienced fewer crashes than expected after conversion to two-lane roads.
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Pitman, Tim, Paul Koshy, Daniel Edwards, Liang-Cheng Zhang, and Julie McMillan. Australian Higher Education Equity Ranking Project: Final Report. Australian Council for Educational Research, 2019. http://dx.doi.org/10.37517/978-1-74286-666-6.

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This report details the findings of a feasibility study for the Department of Education and Training (DET) into the development of a higher education student equity ranking index. The purpose of study was to determine whether it was possible to measure higher education equity performance at the institutional level and convey each institution’s relative performance through an ‘equity rank’. The ranking was to be based on institutional performance in regard to equity-group students, including students from low socio-economic backgrounds; students from regional/remote areas of Australia; Indigenous students; students with disability; and students from non-English speaking backgrounds.
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Lai, Sharon, Kevin Lane, and Laura Nunn. The Term Funding Facility: Has It Encouraged Business Lending? Reserve Bank of Australia, December 2022. http://dx.doi.org/10.47688/rdp2022-07.

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The Reserve Bank of Australia's Term Funding Facility (TFF) was announced in March 2020 as part of a package of policy measures to support the Australian economy. It achieved a key objective of providing banks with three-year low-cost funding and was available for drawdown until 30 June 2021. This paper examines the effectiveness of the TFF in increasing the supply of credit to businesses, which was another one of the objectives of the program. Using bank-level data and a difference-in-differences approach, we find no statistically significant evidence that the TFF increased credit supply to businesses. However, our confidence intervals are wide and there are significant identification challenges involved in disentangling the effects of the TFF from the effects of pandemic-related disruptions and other policy interventions on credit supply and demand. Nonetheless, the TFF provided an assured source of funding at a time of considerable stress in the financial system and lowered banks' funding costs, and any effects on business lending via these channels may not be fully reflected in our results.
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Nampanya, Sonevilay, Syseng Khounsy, and Peter Windsor. Assessment of socio-economic impacts of foot and mouth disease vaccination programmes in northern and central provinces Lao PDR (STANDZ Programme, 2017). O.I.E (World Organisation for Animal Health), January 2017. http://dx.doi.org/10.20506/standz.2778.

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This study received financial support from the OIE SRR-SEA and the AusAID programmes called STANDZ, with some fieldwork support from the Australian Centre for International Agricultural Research (ACIAR projects AH/2012/068 and AH/2012/067).
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