Search

The common law marriage is a curiosity in the private international law of marriage in the Commonwealth and Ireland. In some cases, a marriage that is invalid under the law of the place where it was solemnised (lex loci celebrationis) may nevertheless be recognised as valid if it meets the requirements of a common law marriage. These originate in the English canon law as it stood in the eighteenth century and include the central requirement of the parties' present declaration that they are married. The parties also had to meet the essentials of a Christian marriage as described in Hyde v Hyde (1866): "a voluntary union for life of one man and one woman to the exclusion of all others". There are more reported cases on common law marriages in private international law in Australia than any other country. Although its Australian development coincided with that of other countries, in the twenty-first century the Australian common law marriage is now in an unusually amorphous condition. The preconditions for a court to ignore the lex loci have been significantly liberalised. Additional uncertainty in the nature of a common law marriage is created by a combination of repeated misinterpretations of the Marriage Act, the failure to use precedent outlining its requirements and the dismantling of the Hyde definition of marriage in the Same-Sex Marriage Case (2013). The article considers that the common law marriage might still serve a useful purpose in Australian private international law, and how it could better do so. [ABSTRACT FROM AUTHOR]

It takes little for family provision claims to cross borders, whether state or national. The property may be located in different places - other states or countries; the personal representatives, claimants or beneficiaries under the will may be from different places; or the deceased may have had a strong personal connection with another place. Any one of those cross-border considerations raises questions of a court's jurisdiction to deal with a family provision application, or of the law that will apply to it. In this article, we give an account of the principles of private international law - which in this area also apply in interstate matters - that affect family provision claims in Australia. In doing so, we explore recurrent complications with these cross-border family provision claims, including those arising under the cross-vesting scheme and in the federal jurisdiction. While we consider that the current equitable principles of choice of law remain best placed to address how provision should be made from different forms of property, reforms must be made to the equitable principles of jurisdiction if complications raised by the cross-vesting scheme and the possible exercise of federal jurisdiction in family provision claims are to be overcome. [ABSTRACT FROM AUTHOR]

This article details the use of the phrase 'national security' in political and public discourse around the time of Australia's Federation (1881–1921). It finds that while it was not present in policy or legislation until later, the phrase enjoyed noteworthy use in political debates and news media during the early Federal period. Further, the article finds that while military and defensive concerns were a common consideration of this early 'national security', there also existed a strong economic and social element, prefiguring the 'broadening' of security following the Cold War. [ABSTRACT FROM AUTHOR]

The Trans-Tasman Proceedings Acts took effect in Australia and New Zealand in 2013, and since then have created a well-functioning trans-Tasman judicial area in which the process of all Australian and New Zealand courts can be served, and the judgments of all of those courts can be enforced, anywhere in New Zealand or Australia. The unquestioned jurisdiction that is given to all Australian and New Zealand courts in trans-Tasman cases is also limited only by principles of forum conveniens and the enforcement of choice of court agreements. In Zurich Insurance Company Limited v Koper (‘Zurich Insurance’), the validity of the Australian rules of jurisdiction under the Trans-Tasman Proceedings Act 2010 (Cth) was challenged. The New South Wales courts and the High Court of Australia all rejected the challenge. This article is an account of the constitutional considerations that were canvassed throughout the Zurich Insurance litigation, including the possibility that a High Court majority recognised a positive constitutional implication when upholding the personal jurisdictions created by the Trans-Tasman Proceedings Act 2010 (Cth) and the recognition of a federal power to extend the jurisdiction of state courts in all international cases. It also undertakes an analysis of the private international law issues of Zurich Insurance: the clarification of the effect of the Trans-Tasman Proceedings Acts; and the unsatisfactory conclusions reached on the territorial application of the Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) — the issue that forced the need to consider the validity of the Trans-Tasman Proceedings Act 2010 (Cth) in the first place. In this respect, a plea is made for Australian state parliaments and courts to avoid extra-territorial overreach in the application of state legislation. [ABSTRACT FROM AUTHOR]

Antarctica is a crucial regulator of the world's climate, and as environmental security permeates global security, using Antarctic science to better understand climate is becoming increasingly pressing. Although the Australian Government has recognised that climate change poses 'a current and existential national security' threat and has acknowledged Antarctica's importance regarding the earth's global climate system, the focus of Australia's intelligence community pertaining to Antarctica currently remains restricted to upholding the military-security and diplomatic goals of the Antarctic Treaty System (ATS). This current focus aims to hedge against the possibility of conflict on, or over, the frozen continent via 'working the ATS', however, this paper argues that Antarctic climate science holds a greater capacity to deliver security outcomes for Australia. Antarctic climate science offers opportunities regarding intelligence for Antarctica, that is, securing Australia's Antarctic interests, as well as regarding intelligence from Antarctica; by enhancing natural disaster preparedness, bolstering broader strategic planning, as well as furthering diplomacy and the legitimisation of Australia's leadership on, and over, the frozen continent. It is recommended that the Commonwealth Government establish a climate intelligence working group to ensure the utility of climate science to security and intelligence is realised. [ABSTRACT FROM AUTHOR]

This article examines the introduction, evolution and demise of the phrase 'domestic violence' to describe issues of terrorism, insurrection and violent civil disobedience within Australian political discourse. It seeks to interrogate the circumstances whereby the political usage of 'domestic violence' changed in Australia. The study relies on Hansard, as well as secondary sources, to examine how and in what context political leaders used the phrase in discussions of relevant events and legislation. It finds that a shift in language usage between political unrest and familial violence occurred within the space of a year. However, despite this comparatively narrow timeframe, there was little to no overlap within political speech. The article illuminates how close the two usages of 'domestic violence' came to colliding and the circumstances under which the former fell from use. It also argues that the limited adoption of the earlier denotation of the phrase in Australian politics likely owes to the differing domestic contexts of the US and Australia, as well as a lack of appropriate supporting legislation to give it legal force. [ABSTRACT FROM AUTHOR]

Australia has recently experienced what many regard as its greatest judicial crisis. The appointment of Timothy Carmody QC as Chief Justice of Queensland in 2014 emerged from a process that was tainted by the state government’s willingness to break confidences gained in the course of consultation for the appointment. Equally, a strongly negative and heterodox reaction to the appointment by the whole Queensland Supreme Court bench meant that, together, politicians and judges brought on a collapse of the traditional ethics surrounding judicial appointments. Nevertheless, the extreme circumstances of the Carmody affair suggest that, where judges have a legitimate concern that a judicial appointment might put a fundamental constitutional value like judicial independence at risk, a court may be justified in publically expressing concern about the appointment. [ABSTRACT FROM PUBLISHER]

The Middle Cambrian Mount Read Volcanics of western Tasmania, Australia, host several world-class volcanic-hosted massive sulfide (VHMS) deposits, representing a wide range of deposit styles. Although the deposits and their host sequences are variably deformed and locally preserve spectacular examples of primary textures and structures, rapid lateral and vertical facies changes, and faults with uncertain sense and magnitude of displacement, have made it impossible to correlate stratigraphy across the belt. Previous dating studies in the area have yielded relatively imprecise crystallization ages. We have employed the chemical abrasion isotope dilution thermal ionization mass spectroscopy (ID-TIMS) U-Pb zircon method to obtain highly precise crystallization ages for a total of 18 samples of volcanic and intrusive rock units from throughout the Mount Read Volcanics and underlying mafic-ultramafic complexes. The new data permit detailed resolution of age relationships within the belt. The study establishes an age of 516.0 ± 0.9 Ma for the McIvor Hill gabbro, which is part of a mafic-ultramafic complex interpreted to underlie the Mount Read Volcanics. Magmatism in the central Mount Read Volcanics lasted at least 12.7 m.y., from 506.8 ± 1.0 Ma for a massive dacite unit in the lower part of the Central Volcanic Complex to 496.0 ± 0.9 Ma for a welded ignimbrite in the lower Tyndall Group. Together with previous age constraints, results of the study provide a precise chronostratigraphic framework for magmatism and VHMS deposit formation within the Mount Read Volcanics. The precise age data indicate that, north of the Henty fault, magmatism occurred in three discrete pulses, at least two of which were separated by periods of sedimentation. We demonstrate that VHMS deposits in the Mount Lyell, Roseberry-Hercules, and Que-Hellyer districts, comprising the majority of the known, significant VHMS deposits in the belt, formed within a narrow time interval at ~500 ± 1 Ma, at a relatively late stage in the evolution of the belt. Some of the larger intrusions in the belt (e.g., the Bonds Range porphyry; 500.4 ± 0.8 Ma) were emplaced contemporaneously with VHMS deposit formation; however, other bodies such as the Murchison granite (497.3 ± 0.9 Ma) are younger than the deposits and are unlikely to have been involved in their genesis as has previously been suggested. These conclusions will aid explorers in targeting VHMS mineralization in the Mount Read Volcanics. [ABSTRACT FROM AUTHOR]

The article focuses on the Legal Profession National Law or the National Law of Australia that differs from a state to state and for which national law firms have requested to bring it in uniformity across states and territories. It also sheds light on law professor Linda Haller's report on the regulation the National Law that would embrace 85 percent of lawyers from New South Wales, Victoria and Queensland and a territory known as the Northern Territory.

The article discusses accident compensation, trans-tasman integration, and former New Zealand (NZ) High Court Judge Sir Owen Woodhouse as of April 2013, focusing on private international law in Australia and NZ, as well as the Trans-Tasman Proceedings Acts which have reportedly been implemented in both countries. Other topics include writs, the economic integration of NZ and Australia, and the forum conveniens doctrine. Territoriality and personal injury laws in NZ and Australia are examined.

Aim: To assess daily energy distribution among Australians, provide evidence on the relative importance of eating occasions to energy intake and its relationship to age, gender and body mass index. Methods: Dietary data collected via 24-hour recalls during the 1995 National Nutrition Survey (n = 10 851 adults) and the 2007 National Children's Nutrition and Physical Activity Survey (4837 = children) were analysed. Percentage of total energy intake was tabulated according to time, eating occasions, body mass index, age and gender. Results: The Australians consumed three main meals and two to three snacks, with the highest energy intake at 'dinner'. Among children, 'breakfast' accounted for 15% of the energy, 'lunch' 19%, 'dinner' 30% and 'snacks' 35%. For adults, energy from 'breakfast' was 14%, 'lunch' 21%, 'dinner' 37% and 'snacks' 28%. Younger children and older adults consumed a lower per cent energy during the later part of the day. No difference in energy distribution was observed by gender. No difference in body mass index was observed for children and inconsistent differences were seen for adults. Conclusion: A high proportion of energy was consumed at 'dinner', but snacks were also an important source of energy intake. A variety of energy distribution patterns appear to be moderated by age. Older children consumed significantly less at breakfast and more snacks than younger children. In contrast, older adults consumed more energy at breakfast and less as snacks compared with younger adults. The findings indicate some key messages for informing primary prevention strategies among specific age groups including the need to attain a more even distribution of energy throughout the day. [ABSTRACT FROM AUTHOR]

The article focuses on the civil jurisdictional limitations on judgments in the single economic market of the Trans-Tasman region, comprised of Australia and New Zealand. Topics include the interstate enforcement of civil judgments, the Trans-Tasman Single Economic Market, and the Trans-Tasman Proceedings Act 2010.

The article discusses the differences between the approaches of the Hague Convention on Choice of Court Agreements and the Agreement on Trans-Tasman Court Proceedings and Regulatory Enforcement (the Trans-Tasman Treaty) to the exercise of jurisdiction in Australia and New Zealand. It states that Choice of Court Convention aims to improve the extraterritorial extension of judgments. It emphasizes that the preferable policy and preferable practice in sorting the jurisdiction is the alignment of the rules.

Information about the third International Legal Ethics Conference (ILEC3) which was held at the Sheraton Mirage Hotel in Australia from July 13-16, 2008 is presented. The conference discussed topics on academic, regulator and practitioner contributions on legal practice, the harmonisation in regulating Australian legal professions and issues on legal ethics. Furthermore, the event attracted professional regulators and practising lawyers from different nations.

Should housing be considered a social right or a means to wealth? This article compares changes to taxation and housing finance regimes in a liberal market for residential property, Australia, and a corporatist market, Denmark. During the last decade, regulatory changes to taxation and housing finance systems in Australia and Denmark facilitated residential property booms. These reforms, particularly those following financial deregulation, introduced new mortgage instruments and changed economic incentives for selecting residential property as an investment vehicle. The reforms may also be associated with a more general process of transforming taxation and housing finance regimes to favour a conception of housing as a means to wealth rather than as a social right. Political turns to the right in both Australia and Denmark during the creation of their respective property booms assisted this transformation. This articles traces changes in taxation and housing finance regulations for residential property and assesses how they were framed within political discourse. The article concludes by reflecting on the transformation of residential property markets in Australia and Denmark, as well as commenting on the politics to come now that the boom is over. [ABSTRACT FROM AUTHOR]

The article takes a look on the religious freedom in Australia. It explains the syncretic constitutional framework for its religious freedom, including the recent effect of the International Covenant on Civil and Political Rights (ICCPR) on the constitutional order. It also addresses with reform proposals and other legislative developments for assuring religious freedom and equality that draw directly on 1981 U.N. Declaration and ICCPR. Other matters that have some relevance are also discussed.

Northwestern Laurentia, after cratonization at about 1.85 Ga, underwent a series of tectonic and magmatic events during the Proterozoic that were followed by separation of Laurentia from another landmass, probably Australia. The oldest magmatic event produced the Bonnet Plume River Intrusions (BPRI), which intruded the Wernecke Supergroup as short dikes and small stocks. The BPRI are hydrothermally altered tholeiitic diorites, gabbros, and subordinate anorthositic and syenitic rocks, with trace element signatures consistent with a rift origin. Depleted mantle model ages range from 2.29 to 2.57 Ga and ℇ[sub Nd] values range from +0.7 to –1.7. An increasing crustal component is apparent in rocks with more evolved compositions. Four U–Pb zircon ages (1705.9 ± 0.7, 1709.4 ± 1.4, 1711.1 ± 5.1, and 1713.6 ± 12.7 Ma) indicate a Paleoproterozoic age for the BPRI. These dates constrain the age of the Wernecke Supergroup to ca. 1710 Ma, making it the oldest supracrustal succession in western Laurentia, e.g., >240 Ma older than the Belt Supergroup of southeastern British Columbia and the northwestern United States. The Wernecke Supergroup was deposited in the first rift basin to open along the western margin of Laurentia, but was later inverted by the pre-1.6 Ga Racklan Orogeny, an event possibly influenced by transmission of compression from the Yavapai and Mazatzal orogenies in southern Laurentia. The Neoproterozoic southwestern United States – east Antarctica (SWEAT) reconstruction, which places Australia next to northwestern Laurentia, is supported by linkages between Paleoproterozoic and Mesoproterozoic geological features in northwestern Canada and Australia.Après une cratonisation vers 1,85 Ga, le nord-ouest du continent laurentien (Laurentia) a subi une série d'événements tectoniques et magmatiques au cours du Protérozoïque; ces événements ont été suivis par la séparation de Laurentia d'une autre masse continentale, probablement l'Australie. L'événement magmatique le plus ancien a produit les intrusions de la rivière Bonnet Plume (BPRI) qui ont pénétré le Supergroupe de Wernacke en tant que de courts dykes et de petits massifs intrusifs. Les BPRI consistent en des diorites tholéiitiques, des gabbros et des roches subordonnées anorthositiques et syénitiques qui ont subi une altération hydrothermale, avec des signatures d'éléments traces qui concordent avec une origine de fosse. La plage pour les modèles de manteau appauvri varie de 2,29 à 2,57 Ga et les valeurs ℇ[sub Nd] varient de +0,7 à –1,7. Une plus grande composante crustale est apparente dans les roches avec des compositions plus évoluées. Quatre déterminations d'âge U–Pb sur des zircons donnent un âge paléoprotérozoïque pour les BPRI : 1705,9 ± 0,7 Ma, 1709,4 ± 1,4 Ma , 1711,1 ± 5,1 Ma et 1713,6 ± 12,7 Ma. Ces dates limitent l'âge du Supergroupe de Wernecke à environ 1710 Ma, faisant de la séquence supracrustale la plus ancienne du Laurentia occidental, par ex., > 240 Ma plus ancien que le Supergroupe de Belt du sud-est de la Colombie-Britannique et du nord-ouest des États-Unis. Le Supergroupe de Wernecke a été déposé dans le premier bassin de distension qui s'est ouvert le long de la limite ouest de Laurentia mais il a été par la suite inversé par l'orogène de Racklan pré-1,6 Ga, un événement possiblement influencé par la transmission de la compression des orogènes Yavapai et Mazatzal dans le sud du Laurentia. La reconstruction du transect sud-ouest américain – est de l'Antarctique (SWEAT), au Néoprotérozoïque, qui place l'Australie à côté du nord-ouest de Laurentia, est appuyé par des liens entre les caractéristiques géologiques Paléo- et Méso- protérozoïques au nord-ouest du Canada et en Australie.[Traduit par la Rédaction] [ABSTRACT FROM AUTHOR]

Background: While the association between increased maternal age and congenital disorders has long been recognized, the offspring of older fathers are also at increased risk of congenital disorders related to DNA errors during spermatogenesis. Recent studies have drawn attention to an association between increased paternal age and increased risk of schizophrenia. The aim of the current study was to examine both paternal and maternal age as risk factors for the broader category of psychosis. Method: We used data from three sources examining psychosis: a population-based cohort study (Denmark), and two case-control studies (Sweden and Australia). Results: When controlling for the effect of maternal age, increased paternal age was significantly associated with increased risk of psychosis in the Danish and Swedish studies. The Australian study found no association between adjusted paternal age and risk of psychosis. When controlling for the effect of paternal age, younger maternal age was associated with an increased risk of psychoses in the Danish study alone. Conclusions: The offspring of older fathers are at increased risk of developing psychosis. The role of paternally derived mutations and/or psychosocial factors associated with older paternal age warrants further research. [ABSTRACT FROM AUTHOR]