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Academic Journals
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From:Melbourne University Law Review (Vol. 43, Issue 1) Peer-ReviewedFocusing on the discretionary power to amend an assessment at any time where the Commissioner is 'of the opinion there has been fraud or evasion', this article argues that the increasingly prevalent practice in the...
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From:Melbourne University Law Review (Vol. 46, Issue 1) Peer-Reviewed11 September 2021 marked 20 years since the September 11 attacks on New York City and Washington DC. In this article, we map Australia's legal responses to terrorism across those two decades. We report the total number...
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From:Melbourne University Law Review (Vol. 46, Issue 1) Peer-ReviewedThe plebiscite is well understood by political actors as a means of breaking parliamentary deadlocks or as a tool for government to establish a mandate. While it is recognised that a plebiscite may be lawfully procured...
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From:Melbourne University Law Review (Vol. 28, Issue 2) Peer-Reviewed[This article reviews three recent counter-terrorism laws, namely, the Criminal Code Amendment (Hamas and Lashkar-e-Tayyiba) Act 2003 (Cth), the ASIO Legislation Amendment Act 2003 (Cth) and the Criminal Code Amendment...
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From:Monash University Law Review (Vol. 47, Issue 1) Peer-ReviewedOver the last five years, all Australian states have passed legislation to permit voluntary assisted dying ('VAD'), under strict conditions. Although laws on VAD are a state responsibility, a significant hurdle to their...
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From:Monash University Law Review (Vol. 36, Issue 3) Peer-ReviewedI INTRODUCTION In feudal England, work was not physically or temporally separate from other daily activities, which all took place within the household. That household was likely to comprise married couples and their...
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From:Melbourne University Law Review (Vol. 46, Issue 1) Peer-ReviewedWhen judges make decisions about the employment status of workers, they are often required to draw on commonsense reasoning to resolve contested issues. These findings are typically drawn from the judges' general...
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From:Monash University Law Review (Vol. 43, Issue 2) Peer-ReviewedI INTRODUCTION In 2014, the Abbott Government, in following up national security reforms initiated by its predecessor (1) and in responding to the rise of Islamic State and its variants and the issue of foreign...
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From:Melbourne University Law Review (Vol. 33, Issue 3) Peer-Reviewed[This article focuses on the Australian Securities and Investment Commission's ('ASIC's) original and primary role as the regulator of corporate laws to determine whether it is an effective regulator. 'Effective'...
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From:Monash University Law Review (Vol. 46, Issue 3) Peer-ReviewedIn Australia, building, home contents and comprehensive car insurance are regarded as 'essential' financial products. Yet the limited research on the experiences of consumers who claim against these policies highlights...
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From:Melbourne University Law Review (Vol. 35, Issue 3) Peer-Reviewed[This article examines the accountability of Australian regulators, focusing on the Australian Securities and Investments Commission and the Australian Prudential Regulation Authority. It defines what is meant by...
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From:Family Matters (Issue 90)On 8 June 2012, Federal Attorney-General Nicola Roxon (2012c) announced the release of the Strategic Review of Small and Medium Agencies in the Attorney-General's Portfolio: Report to the Australian Government (Skehill...
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From:Monash University Law Review (Vol. 39, Issue 1) Peer-ReviewedIn PJ v The Queen, the Victorian Court of Appeal clarified the fault elements of the offence of 'aggravated people smuggling' in the Migration Act 1958 (Cth). The consequence of this case is that the prosecution is now...
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From:Monash University Law Review (Vol. 46, Issue 2) Peer-ReviewedVoluntary assisted dying ('VAD') has recently been legalised in Victoria and Western Australia, with other Australian states following. One argument advanced in favour of legalisation of VAD is that terminally and...
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From:Melbourne University Law Review (Vol. 36, Issue 2) Peer-Reviewed3 Coercive Nature of Questioning Questioning under the Special Powers Regime is coercive. Failure to appear for questioning, to answer ASIO's questions or to give ASIO the requested records or things, or to give ASIO...
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From:Monash University Law Review (Vol. 39, Issue 2) Peer-ReviewedIn Williams v Commonwealth, Mr Ron Williams challenged the validity of the National School Chaplain's Program by reference to s 116 of the Constitution and also a long held assumption about the scope of the executive...
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From:Melbourne University Law Review (Vol. 43, Issue 1) Peer-ReviewedAustralia is arguably in the midst of a legislative boom to improve recovery for creditors through the imposition of secondary liability. The aim is to overcome 'sharp corporate practice' by imposing liability on an...
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From:Monash University Law Review (Vol. 36, Issue 2) Peer-ReviewedDecisions of the Taxation Commissioner are prima facie reviewable, pursuant to s 75(v) of the Constitution and s 39B of the Judiciary Act 1903 (Cth), for jurisdictional error. However, the Income Tax Assessment Act 1936...
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From:Melbourne University Law Review (Vol. 31, Issue 3) Peer-Reviewed[Australian copyright law has recently undergone a period of intense reform. In this article, the author seeks to give both a comprehensive history of the period just past, and a bird's-eye view of the resulting...