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In October 2016, the International Maritime Organization (IMO) adopted mandatory fuel data reporting requirements by amending Annex VI of the International Convention for the Prevention of Pollution from Ships. Before the adoption of the IMO Data Collection System (IMO DCS), the European Union (EU) introduced a regulation requiring monitoring, reporting and verification of greenhouse gas emissions from ships as an initial step to inform further action. This regulation enabled the EU to include greenhouse gas emissions from shipping as a part of their collective climate change strategy, known as the EU MRV system. This article analyses the EU MRV system and the IMO DCS against standards of transparency and answerability. It argues that whilst neither the EU MRV system nor the IMO DCS promotes optimal transparency or answerability, the EU MRV represents a framework that comes closer to promoting answerability through transparency.

This article critically assesses the way a certain court has determined the capacity of a person diagnosed with anorexia to refuse medical treatment. It is shown that when making this determination, the court has adopted a process of circular reasoning, meaning anyone with the diagnosis will be found to lack capacity to refuse its treatment. This circular reasoning means that indicia of capacity that ought to be considered by the court is ignored. The result is a procedure in which the anorexic patient has no voice, and an outcome against which he or she has no effective legal recourse. This problem, it is argued, can be overcome in two ways. Firstly, courts must make sure that the 'functional' test of capacity is properly applied, meaning any finding of incapacity must rest on evidenced deficits in decision-making ability. Secondly, courts must properly engage with the subjective reasoning of the person making the treatment refusal.

A number of high-profile legal challenges to the concept of brain death have recently been made in the USA, Canada and the UK. The legal claim has been that brain-dead patients are not dead in accordance with the legal definition of brain death, and so are wrongly being declared dead. Yet, the definitions of brain death in these countries are not the same. In this editorial, we examine the significance of these legal challenges and their potential impact on intensive care unit (ICU) practice. We discuss whether the legal position in the UK and Canada is more secure than that in the USA and, as a result, is less susceptible to any legal challenges that are likely to impact on ICU practice. Jurisdictions which have legislation that mirrors that operative in the USA, such as Australia, potentially inherit the same legal difficulties that have arisen in the USA. We also discuss whether these jurisdictions might consider adopting the definition of brain death that is adopted in the UK and Canada to avoid further legal challenges.

Launched on 26 March 2015, the Saudi-led military intervention in Yemen has considerably intensified the complex conflict ravaging the country. Despite scholars identifying difficulties with the self-defence and intervention by invitation arguments offered as the primary legal justifications, the Saudi action received mostly approval or acquiescence from the international community. However, a largely overlooked feature of the justificatory discourse surrounding the Yemen intervention is the use of humanitarian and “responsibility to protect” (R2P) type language by the intervening states. This article examines the legal, political and normative significance of this discourse, arguing that humanitarian language was deployed to bolster the perceived legitimacy of military action. Although from a legal perspective the Yemen intervention does not strengthen claims for the existence of a right of unilateral humanitarian intervention, by framing its military action in terms that invoke widely accepted humanitarian and R2P norms Saudi Arabia created scope for the international community to support and legitimise the intervention. Contrary to the oft-cited assertion that humanitarian norms are primarily tools used to justify Western interventionism, the Yemen experience illustrates that such discourse is increasingly being used by a broader range of states, including some authoritarian non-Western states. We argue further that Saudi Arabia’s justification for the intervention also draws on existing ‘war on terror’ rhetoric, indicating that such language can increase the international political acceptance of legally-questionable interventions. Overall, the Yemen intervention continues a recent trend in which states weave together a variety of legal and political rationales for military action when constructing their justificatory discourse.

This study explored sexual satisfaction in older heterosexual Australians using data from a\ud national sample of 1,583 men and women aged 60+ who hoped or planned to have sex in the\ud future. Data collection took place in 2015; participants were recruited using a variety of\ud online and offline advertisements. Less than half the sample (46%) reported they were very\ud or extremely satisfied with their sexual lives. Those who had sex more often and were more\ud interested in sex were more likely to be satisfied, while those who wanted sex more often in\ud the future were less likely to be satisfied, as were men who had experienced sexual\ud difficulties. Sexual satisfaction was also associated with life satisfaction in men and positive\ud mental health in women. Factors associated with satisfaction in this study will help guide\ud strategies to support older people realise the sexual lives they desire or aspire to.

The year 2015 was a significant anniversary for global health: 15 years since the adoption of the Millennium Development Goals and the creation of the Global Alliance for Vaccines and Immunization, followed two years later by the Global Fund to Fight AIDS, TB and Malaria. 2015 was also the 10-year anniversary of the adoption of the International Health Regulations (May 2005) and the formal entering into force of the Framework Convention on the Tobacco Control (February 2005). The anniversary of these frameworks and institutions illustrates the growth and contribution of 'global' health diplomacy. Each initiative has also revealed on-going issues with compliance, sustainable funding and equitable attention in global health governance. In this paper, we present four thematic challenges that will continue to challenge prioritisation within global health governance into the future unless addressed: framing and prioritising within global health governance; identifying stakeholders of the global health community; understanding the relationship between health and behaviour; and the role of governance and regulation in supporting global health.

Gibson and Osborne continue to provide students of commercial or business law with an accessible and student-friendly, yet authoritative and comprehensive, textbook. Business Law will satisfy the requirements of most business or commercial law subjects throughout Australia. Up to date and revised – In this edition, contract law has been consolidated into four chapters and care has been taken to ensure that the text represents current law in all states and territories. Customisable – As well as chapters that cover the subject material in most Business Law units, custom chapters are also available that cover a diverse range of other business topics. Builds strong base knowledge – Without going into unnecessary detail for business students, the text works to build a strong base understanding of the application of court decisions, statutes and government regulations. It’s about developing business acumen and understanding of the broader business, even if a learner may not be conducting this type of work day-to-day.

The law of wills is steeped in tradition, including what is required for the valid execution of a document purporting to contain a testator’s intention for the distribution of her or his estate upon her or his death. This is reflected in the need to comply with certain formalities for a will to be valid. Although these formal requirements differ in extent and form throughout the world, their purposes, in common law jurisdictions such as Australia and the United States of America, are fourfold: they serve evidentiary, cautionary or ritual, protective, and channeling functions. The evolution of society, and particularly the pace of technological advancements, has arguably called the need for such formalities into question—both as to the extent to which they should exist and be enforced. The role of the wills formalities has also been called into question in the context of access to will-making: for some the very act of making a will can be problematic as the associated legal costs can be prohibitive. In response to the cost of will-making, in Australia at least, there has been a rise in “homemade” wills, wills prepared using “will-kits,” and online forms which use artificial intelligence (AI). However, such “do-it-yourself” wills often fall foul of the aforementioned formalities and may not be upheld. Consequently, although well-intentioned, such homemade wills can actually negatively affect testamentary freedom because wills evidencing a clear testamentary intention can be found to be invalid or uncertain owing to a lack of technical know-how if strict or substantial compliance is required.

Lawyering and Positive Professional Identities is designed to help law students successfully navigate the demands of law studies and legal practice through the development of positive professional legal identities. It focuses on the knowledge, skills and attitudes necessary for law students to be motivated and engaged learners, and psychologically healthy individuals. Positive lawyering knowledge and practice are central themes, with a particular emphasis on lawyers’ roles as upholders of the rule of law, as dispute resolvers and as ethical professionals. The diverse range of topics includes lawyering, dispute resolution, ethics, resilience and self-management, addressing the threshold learning outcomes for the Australian law curriculum. Throughout, the authors provide practical, experience-based advice on the development of core skills for legal education and practice. The second edition of this book has been fully revised and offers a refreshed take on the themes of the original edition, reflecting the dynamic and fluid nature of legal education and practice. This book is an essential companion for law students wishing to establish a strong foundation for a successful legal career in the contemporary legal profession.

The law on the use of force, or the jus ad bellum, is one of the most fundamental and controversial areas of international law. Over the last decade, there has been a large increase in the volume of scholarship dealing with this body of law, reflected in the creation of new, specialist journals such as the Journal on the Use of Force and International Law (JUFIL). As co - editor in chief and one of the founders of JUFIL, Christian Henderson is well placed to explore the intricacies and uncertainties of the law on the use of force. His latest book, The Use of Force and International Law, is “targeted at students, academics and practitioners” and “aims to provide a contemporary introduction to international law governing the resort to force”. While Henderson notes that “space does not permit the depth of detail and discussion that the subject deserves”, he nevertheless manages to provide a clear and comprehensive overview of the law and the contemporary challenges it faces , one which establishes this work as more than just a textbook introducing students to this important area of law Henderson argues that although uncertainty and disagreement persists over the scope and application of the UN Charter provisions and customary principles governing the use of force, “there exists no general appetite amongst states for either the scrapping, rewriting or radical reinterpretation of the rules. 3 Instead, he contends that, to date, the jus ad bellum has proved to be flexible enough to accommodate new technological developments ( e.g. cyber - attacks) and security challenges (e.g. threats from non - state actors).

Victoria's Court of Appeal dismissed Cardinal Pell's appeal last month against convictions for five child sexual offences, by a 2 to 1 majority. The background to this has been summarised, with unanimous jury verdicts of guilty on all counts being undisturbed on appeal. However, the nature of our judicial system means some final questions remain about whether Cardinal Pell can appeal, how this may happen, and an appeal's prospects of success. These are complex questions and it may assist to set out some of the key legal principles.

Elder financial abuse: far-reaching implications of an ageing population - In Australia, the proportion of people aged 65 years and over has increased from one in 25 people in 1911 to one in seven people in 2017 - By 2030, Australians over the age of 65 are expected to account for approximately 47 per cent of the total household wealth - $3 trillion of intergenerational wealth is expected to be transferred by older Australians within the next 10 to 20 years - The prevalence of elder financial abuse in Australia is expected to rise

How the international community should respond to large - scale intra-state human rights violations continues to be highly contentious within international law and international relations. One attempt to address this issue , the responsibility to protect (R2P), has been described as the ‘most dramatic normative development of our time’ (Thakur and Weiss 2009, p. 22). Yet, more than a decade after R2P was unanimously endorsed by United Nations (UN) member states at the 2005 World Summit there remains significant contestation over both the content and implementation of the concept. States continue to hold diverging interpretations of R2P’s meaning and scope , while attempts to operationalise its more coercive elements have often been resisted, as illustrated most dramatically by the UN Security Council’s paralysis over Syria from 2011 onwards.

Much has been written recently about new technology disrupting the traditional law firm model of providing legal services. Susskind and Susskind predicted the failure of professions, including the legal profession, due in large part to the external pressure of disruptive technology. However, concentrating blame on the technology is misguided; it blames the tool used to disrupt rather than the root causes of the disruption. In short, computers do not kill lawyers. Neither is the disruption aimed at the profession as such, but rather at the business models of modern day legal practices that have developed under the auspices of the profession. Under the guise of a profession, the legal profession has established the barriers to entry that have allowed lawyers to hold a monopoly on providing legal services. The monopoly has allowed law firms to develop business models through which they have been able to charge high, sometimes extravagant, prices for their services. It has also produced barriers to innovation. Clients have begun to react to perceived consistent overcharging and inefficient services of the BigLaw firms that benefit from the monopoly at the same time that technologies are becoming more powerful and effective. Meanwhile, new and hungry legal service providers who provide alternative business models to law firms are also using new technologies to open access to law and erode the monopoly. Lawyers are facing increasing competition that is set to destroy the BigLaw firm model. The disruption, though, will not be limited to BigLaw, and will also impact smaller law firms and sole practitioners.

We are a group of Australian academic researchers working in digital rights issues and the social implications and regulation of technology. This submission outlines what we believe should be key priorities for any attempt to shape the direction of future reform of online safety policy and legislative arrangements in Australia, and specifically, responds to discussion questions 14 and 33. In summary, we: • Stress the importance of clear, certain rules for content hosts and other internet intermediaries. Any content regulation or intermediary liability scheme must be proportionate and include strong safeguards for due process. We are extremely concerned about recent developments that seek to hold technology firms criminally liable for user-generated content, as this could have a number of unintended and potentially detrimental impacts; • Highlight the importance of recognising that a major potential pitfall and risk of content removal is the takedown of critical expression and valuable counter-speech. This risk can be mitigated through multi stakeholder engagement and collaboration; training moderators (or regulators) to identify and understand content that counteracts hate speech; and ensuring due process mechanisms are in place (Question 14); and • Emphasise the importance of transparency and accountability measures. In particular, we believe that in any system of co-regulation, it is critical that the technology firms that regulate online content provide access to granular, disaggregated data that can facilitate research on public interest questions (Question 33).

Law Student Well-Being Research Context and History - US research and literature. - ‘Early’ Australian writing. - ‘Early’ Australian initiatives. - Brain and Mind Research Institute’s Report (2009) Further empirical studies: - Leahy et al - 2010 - Hall, Townes O’Brien and Tang – 2010 and 2011 - Larcombe et al – 2011, 2012, 2014, 2016 - Lester, England and Antolak-Saper – 2011 - Bergin and Packenham – 2014

© 2017. Oxford University Press. All rights reserved. The declaration in 2009 that the H1N1 pandemic constituted a public health emergency of international concern (PHEIC) was the first such declaration under the revised International Health Regulations that were adopted in 2005. In the period since then PHEIC have been declared in relation to polio, Ebola, and Zika. This article evaluates initiatives that have been introduced globally, within the Asia-Pacific region, and within Australia, to strengthen preparedness for public health emergencies. Through analysis of evolving conceptualisations of risk, surveillance of zoonotic diseases, and development of public health capacities, the article argues that to date the global community has failed to make the necessary investments in health system strengthening, and that without these investments, global public health emergencies will continue to be an ongoing challenge.

Globally gender remains a key factor in differing health outcomes for men and women. This article analyses the particular relevance of gender for debates about global health and the role for international human rights law in supporting improved health outcomes during public health emergencies. Looking specifically at the recent Ebola and Zika outbreaks, what we find particularly troubling in both cases is the paucity of engagement with human rights language and the diverse backgrounds of women in these locations of crisis, when women-specific advice was being issued. We find the lessons that should have been learnt from the Ebola experience have not been applied in the Zika outbreak and there remains a disconnect between the international public health advice being issued and the experience of pervasive structural gender inequalities among those experiencing the crises. In both cases we find that responses at the outbreak of the crisis presume that women have economic, social or regulatory options to exercise the autonomy contained in international advice. The problem in the case of both Ebola and Zika has been that leaving structural gender inequalities out of the crisis response has further compounded those inequalities. The article argues for a contextual human rights analysis that takes into account gender as a social and economic determinant of health.

This book offers a timely and detailed exploration and analysis of key contemporary issues and challenges in child sexual abuse, which holds great relevance for scholarly, legal, policy, professional and clinical audiences worldwide. The book draws together the best current evidence about the nature, aetiology, contexts, and sequelae of child sexual abuse. It explores the optimal definition of child sexual abuse, considers sexual abuse in history, and explores new theoretical understandings of children’s rights and other key theories including public health and the Capabilities Approach, and their relevance to child sexual abuse prevention and responses. It examines a selection of the most pressing legal, theoretical, policy and practical challenges in child sexual abuse in the modern world, in developed and developing economies, including institutional child sexual abuse, female genital cutting, child marriage, the use of technology for sexual abuse, and the ethical responsibility and legal liability of major state and religious organisations, and individuals. It examines recent landmark legal and policy developments in all of these areas, drawing in particular on extensive developments from Australia in the wake of its Royal Commission Into Institutional Responses to Child Sexual Abuse. It also considers the best evidence about promising strategies and future promising directions in enhancing effective prevention, intervention and responses to child sexual abuse.

Cognitive assessment is central to the evaluation of testamentary capacity. Such assessment is currently performed in a subjective, unreliable and non-standardized manner. Dementia, a cognitive illness, poses one of the largest threats to testamentary capacity in modern society. A better understanding of the ways in which dementia related cognitive impairment can affect a testator's ability to meet the relevant legal criteria to make a will is needed. A review of the literature over the past ten years focusing on what cognitive abilities are required to satisfy the legal criteria for testamentary capacity has highlighted an alarming scarcity of work in this area. There is little discussion spanning beyond general acknowledgement of the importance of memory and executive function. The specifics of how cognitive impairment impacts the four limbs of Banks v Goodfellow are rarely addressed. Several additional areas of cognitive function of importance to assessing testamentary capacity are the subject of this article.

This article is a continuation of a discussion of automation of Torrens regimes, introduced by the authors in [2013J NZ L Rev 227. In this article, the authors explore design constraints affecting automation of Torrens systems against the background of the three criteria previously developed to assess automation proposals: proof of identity (or name); proof of ownership; and proof of authority to deal. They then propose four different measures that may assist in moving any system towards full automation. The article concludes with a summary of seven propositions offered as guidelines to system designers and closes with the following question: if the outcome of automation transfers risk from the registry to conveyancers can that system still properly be considered Torrens in its nature?

Evidence suggests that tens of millions of children and adolescents are involved in youth-serving organizations (YSOs) outside of their homes on a daily basis. Children’s involvement with YSOs clearly offers a broad array of emotional, social, and personal development benefits. This involvement can, however, also be associated with a variety of safety risks, including the potential for child sexual abuse (CSA) victimization and the myriad short- and long-term consequences to its victims and their families. Recognizing the significance of CSA within YSOs, the Australian Royal Commission into Institutional Responses to Child Sexual Abuse funded a comprehensive review of the literature on risk and protective factors related to CSA in institutions. This yielded more than 400 primarily research articles from the United States, United Kingdom, and Australia, examining institutional CSA victims, perpetrators, and settings. Findings were provided regarding six specific types of institutional settings, including faith-based, early childhood education, childcare and schools, health care, out-of-home/foster care, and sport. This article is based on the findings of Kaufman and Erooga’s comprehensive literature review and Royal Commission findings. It provides a brief review of critical risks associated with CSA victims, perpetrators, and organizational settings, as well as highlights risks particular to specific types of YSOs and risks that are present across these organizations. Optimal prevention directions and strategies are outlined in response to identified patterns of organizational risk. Recommendations for YSO policy enhancements are also provided to complement the article’s prevention focus. Finally, suggestions are offered for future research directions to foster the development of an evidence-based foundation for work in this area.

Ecological recovery has never been more important yet incongruously remains a low priority in environmental law. Most policy-makers perceive the intensifying upheavals of the Anthropocene as reasons to pay ever more attention to the future so as to forestall further degradation. Climate change, species extinctions, oceans of plastic debris and other ecological tolls loom on the horizon as an ever-real dystopia...

Disasters involving severe air pollution episodes create a pressing public health issue. During such emergencies, there may be pressure on agencies to provide solutions to protect affected communities. One possible intervention to reduce exposure during such crises is facemasks. Ethical values need to be considered as part of any decision-making process to assess whether to provide advice on, recommend and/or distribute any public health intervention. In this paper, we use principles from public health ethics to analyse the critical ethical issues that relate to agencies providing advice on, recommending and/or distributing facemasks in air pollution disasters, given a lack of evidence of both the specific risk of some polluting events or the effectiveness of facemasks in community settings. The need for reflection on the ethical issues raised by the possible recommendation/use of facemasks to mitigate potential health issues arising from air pollution disasters is critical as communities progressively seek personal interventions to manage perceived and actual risks. This paper develops an ethical decision-making framework to assist agency deliberations. We argue that clarity around decision-making by agencies, after using this framework, may help increase trust about the intervention and solidarity within and between populations affected by these disasters and the agencies who support public health or provide assistance during disasters.

Wife beating is not a new phenomena rather it has been practiced from pre historic time till date. This was due to the fact that in all the civilizations and under all religions, woman was considered subjugated to men. Her natural physical weakness had also made her vulnerable for violence. Islam reinforced womanhood by protecting her rights and providing her respect in the family and society at large. However, it is not interpreted accurately in male dominant society due to the existence of a patriarchal social setup. Adding to the ignorance regarding the position of women in Islam, the presence of injustice and mal practices in contemporary Muslim societies has been taken up as a weak point of Islam by non Muslims as well by less informed Muslims. The reasons for denying women’s rights in Pakistani society could be summed up as lack of education, ignorance about Islamic teachings, feudal and tribal cultural traditions, male dominated patriarchal attitudes, poverty, unemployment and misinterpretations regarding precise teachings of Quran and Sunnah. There are many misconceptions regarding the stance of Islam on wife beating as well. It is commonly understood that Islam gives permission for wife beating in the Quranic verse 4:34. This article will describe the relationship between husband and wife in the light of Quranic verse4:34 and will explore the sanctions of wife beating and its dimensions. Furthermore, it will aim to remove misunderstandings and prejudged opinions related to the concerned issue, in the light of Quran and Sunnah.

Readers of the International Insolvency Review, more than most, appreciate that important and complex legal and practical issues are raised when a global business under financial stress enters a formal collective insolvency proceeding for the purpose of reorganization or liquidation. We now have the benefit of an interesting cogent book by Professor Irit Mevorach that provides clarity and perspective on these issues and the range of approaches in recent decades to address them. Importantly, it also provides an optimistic view on how individual and institutional actors may contribute to their resolution in the future. In so doing, Mevorach expands beyond the typical discussion cross‐border insolvency as it affects single commercial entities to address a variety of business structures (notably enterprise groups) as well as multinational financial institutions (MFIs)...

The use of electronic communication as part of the contract formation and performance process has gained widespread acceptance by commercial parties. Email is now the common method of communication between parties to a transaction and many lawyers acting for property developers have moved to electronic forms of contracts which are signed in electronic form using electronic signing tools such as DocuSign. One of the added attractions of using an electronic signing tool is the ability of the software to facilitate the signing process by all parties automatically in accordance with the instructions of the originator of the document. This article outlines the legal requirements for a valid electronic contract in Queensland and highlights the matters practitioners should consider when preparing or reviewing a standard contract.

Background: Child sexual abuse is undisclosed for many reasons that are resistant to change. Citizens can play an important role in disclosing cases of child sexual abuse to authorities. Professionals who deal with children also play a crucial role. Office-holders in organisations have a clear responsibility to prevent cover-ups of sexual abuse. Recently, some countries have created important new legal duties for adults to disclose child sexual abuse. Objectives: This article creates a contemporary taxonomy of duties to disclose cases of child sexual abuse, and explains their nature and justification. Participants and setting: Citizens, professionals dealing with children in the course of their work, and managers of child and youth-serving organisations. Methods: Legal analysis created a taxonomy of reporting duties. Analysis of these duties from perspectives of criminal jurisprudence, public health law, children's rights and ethics considered their justification. Results: Seven legal duties now exist, in criminal law, civil law and child protection law. Some apply to all citizens; others to managers in organisations; others to professionals dealing with children in the course of their work. All the duties are directed to early detection of cases; some are directed towards prevention; and some are focused on avoidance of institutional corruption. Conclusions: These developments represent historic progress in overcoming normally intractable barriers to disclosure of cases of child sexual abuse. New legal duties are consistent with principles from criminal jurisprudence, public health law, children's rights and ethics. Where adopted, societies should ensure the creation and maintenance of ecological conditions in which these duties can be observed.

This article examines the issue of alleged elder financial abuse arising from the misuse of an enduring power of attorney (EPA) and the experiences of those vulnerable elders in attempting to access justice to gain information about their situation and/or to remedy the abuse. To achieve this, case file notes from 100 individuals aged sixty-five years and over who sought assistance from an Australian not-for-profit advocacy organisation were analysed. In particular, this article focuses on the nature of the allegations of financial abuse to illustrate the complexities that exist for those in these circumstances. Second, it will consider both the barriers and enablers of access to justice evident in the case files of the individual alleged victims. Lastly, based on the evidence presented, it will consider how these circumstances can be better managed or improved upon, particularly from the perspective of service providers and aged-care professionals.

Demand for legal capacity assessments is increasing, especially assessments of financial capacity for estate planning purposes such as wills and enduring powers of attorney. This article proposes that such assessments will be improved by taking greater account of the client experience, including individual and relational factors and processes, and considering the practice framework. A literature review was undertaken with a two-fold aim: firstly, to understand the fundamentally important perspective (inclusive of these experiences) of the evaluee; and, secondly, to identify potential improvements in the capacity assessment process with a view to informing best practice. No studies were identified that directly addressed the individual perspective in capacity assessments. Case studies and commentaries that indirectly discuss the individual perspective were therefore analysed to identify any potential issues and recommendations. This analysis showed that individual factors, such as the evaluee's functional and disease status, and relational factors, such as trust, should be considered by examiners. This review demonstrates that there is a significant gap in the literature examining the individual's perspective and experiences in capacity assessments, as well as, any impact this may have on the assessment process and outcomes. Further research into this vital perspective is needed so that the experiences of those undergoing assessments can help inform best practice and ensure that optimal processes are adopted when assessing the capacity necessary to make legally recognised decisions. This article examines the importance of the participant perspective and experiences in capacity assessments through the novel lens of therapeutic jurisprudence. It includes practice suggestions and provides the direction for this future research.

The trend to short term letting of part or the whole of houses and apartment as part of the new sharing economy has presented new challenges for property owners and governments. Property owners are successfully using existing contractual or legal rights to extract remedies for unsanctioned behaviour by tenants, as exemplified by the recent New Zealand decision in Nice Place Property Management Limited v Jeff Walter Paterson [2018] NZTT 4115779 and 4114640, where a claim for profits made by the tenant using Airbnb to sublet without consent was successful. Governments are, on the contrary, finding the task of achieving a regulatory balance between property owners and their neighbours, particularly in a strata scheme, more challenging. The different approaches to the problem in Victoria and New South Wales is compared and contrasted.

Steve Smith, David Warner and Cameron Bancroft, the Australian cricket players who have been found guilty of ball tampering, have now been handed hefty bans. Yet some might wonder why other instances of ball tampering have not been punished so severely. Some commentators are comparing apples and oranges when contrasting the punishment meted out to the Australian players, with that given to other cricketers in the past for ball tampering...

Nearly every decision on the subject of Division 4 of Part 6 of the Property Law Act 1974(Queensland) relating to instalment contracts for the sale of land has arisen in circumstances where a seller has unwittingly contracted in such a way as to make the contract subject to the Division. As a result the buyers involved in the litigation have been able to successfully delay settlement or rescind the contract. In most of the instances litigated the contract was not a true instalment contract as contemplated by the legislation. This article examines the most recent of these decisions, MSD Securities Pty Ltd v MFB Properties (NQ)Pty Ltd (No2) Pty Ltd [2017] QSC 168 against the background of previous litigation involving the Division and concludes that to fairly meet the consumer protection objectives of the Division extensive reform is required.

Supply chain outsourcing has posed problems for conventional labour regulation, which focuses on employers contracting directly with workers, particularly employees. These difficulties have been exacerbated by the traditional trifurcated approach to regulation of pay and conditions, work health and safety and workers’ compensation. This paper analyses the parallel interaction of two legal developments within the Australian textile, clothing and footwear industry. The first is mandatory contractual tracking mechanisms within state and federal labour laws and the second is the duties imposed by the harmonised Work Health and Safety Acts. Their combined effect has created an innovative, fully enforceable and integrated regulatory framework for the textile, clothing and footwear industry and, it is argued, other supply chains in different industry contexts. This paper highlights how regulatory solutions can address adverse issues for workers at the bottom of contractual networks, such as fissured workplaces and capital fragmentation, by enabling regulators to harness the commercial power of business controllers at the apex to ensure compliance throughout the entire chain.

Japanese law is going ‘pop’. Since the turn of the century, Japanese popular culture, especially prime-time television, has dedicated more time to legal themes, characters and settings. Lawyers, overwhelmingly women, are the heroes in both dramatic and comedic television series (Nakamura, 2007). Courtroom battles are the scene for plot developments (Ishikawa, 2004). Practising lawyers are the new celebrities, joining actors and singers on the light entertainment talk show circuit. To be sure, law is not a new thematic preoccupation on Japanese network television. Nor is it one that has become so dominant that it overshadows more traditional genres such as workplace romantic comedies, coming-of-age dramas or family soap operas (eg, Dissanayake, 2012, p._194). But, its growing presence on the silver screen in twenty-first-century Japan is a trend that merits analysis. The purpose of this chapter is to explore that socio-legal significance. This presents theoretical and empirical challenges. Theoretically, is there explanatory potential in the link between law and popular culture in Japan? Empirically, does the greater embrace of law-related characters, plots and scenes in prime-time television series since 2001 provide compelling evidence of changing popular attitudes to law and legal process among Japanese viewers? The inspiration for both the title and theme of this chapter comes from Sherwin’s When Law Goes Pop (2000). But it departs from Sherwin in how it defines and analyses the issues. For Sherwin, ‘pop’ means ‘implosion’.

The Labour Tribunal Law (No. 45 of 2004) ushered in a new court-annexed dispute resolution system for industrial relations disputes in Japan (outlined generally in Sugeno, 2004). Similar to the lay judge system for criminal trials (Johnson and Shinomiya, Chapter 2), the new tribunal adopts an adjudicative model that blends professional and lay expertise with decisions heard by a tripartite panel comprising a professional judge and two lay judges recommended by management and labour unions respectively. The new tribunal system came into operation on 1 April 2006.

Men are overwhelmingly responsible for sexual harassment against women in the workplace. However, the literature also points to less typical manifestations, including sexual harassment by men of other men and by women of men or other women. This article examines these atypical forms of sexual harassment, drawing on a census of all formal sexual harassment complaints lodged with Australian equal opportunity commissions over a six-month period. The analysis reveals some important distinctions and similarities across groups of atypical complaints, as well as between atypical groups and ‘classic’ sexual harassment complaints where men harass women. The article contributes to the relatively undeveloped literature on these less visible forms of sexual harassment and highlights both theoretical and pragmatic challenges in better understanding workplace sexual harassment ‘at the margins’.

Given the ever increasing importance of legislation to the resolution of legal disputes, there is a concomitant need for law students to be well trained in the anatomy, identification, interpretation and application of laws made by or under parliament. This article discusses a blended learning project called Indigo’s Folly, implemented at the Queensland University of Technology Law School in 2014. Indigo’s Folly was created to increase law student competency with respect to statutory interpretation. Just as importantly, it was designed to make the teaching of statutory interpretation more interesting – to “bring the sexy” to the student statutory interpretation experience. Quantitative and qualitative empirical data will be presented as evidence to show that statutory interpretation can be taught in a way that law students find engaging.

We are a group of Australian academic researchers working in digital rights issues and the social implications and regulation of technology. We welcome this consultation process and the ongoing participation of the AHRC in these debates. We believe that the AHRC is uniquely placed to contribute an important and distinct rights-oriented perspective to the many ongoing and intersecting debates about the development and deployment of new technologies in Australia. To date, this perspective has been under-represented in Australian policy debates, which have more often focused on innovation and ensuring that Australians benefit from new technologies.6 It has also not been sufficiently represented in industry-led discussions about the ethical development and deployment of technology, which often proceed without a highly sophisticated understanding of human rights issues. This submission focuses on a number of core issues that we suggest are key priorities or believe have been under-explored in public policy discussions to date. In particular, we: ● Urge the Commission to prioritise the role of enforceable laws backed by real sanctions in protecting human rights in Australia; ● Suggest that the Commission may play a very useful role in providing guidance and risk management frameworks for the development and deployment of new technologies to both private industry and public agencies; ● Provide a brief perspective on what we see as a principled approach for working through difficult questions of when legal liability should accrue and what role coregulatory schemes should play in protecting human rights in technology; ● Recommend that the Commission recognise the ongoing problems that arise from the lack of an enforceable personal privacy right in Australia; ● Emphasise the importance of dealing with pressing structural inequalities in Australian technology and telecommunications policy, in guidance provided to industry and public agencies, and through appropriate legal obligations.

Several decades ago a chapter giving a legal overview of the not-for-profit sector might have been received with a mix of scepticism and puzzlement. The notion of ‘not-for-profit’ or ‘nonprofit’ was invented in the law and economics discipline after the Second World War, but it has only come into popular usage more recently.Peering back to the beginnings of recorded legal history, what we now consider to be not-for-profit associations can be identified in many societies. It was the decades bookending the turn of the twentieth century that saw a worldwide associational revolution, as an explosion of not-for-profit activity rode on the coat-tails of globalization. Not even one-party states were immune to the revolution, although governments in those states exploited associations for community service delivery while restricting their role in broader civil society. During this period, not-for-profit organizations engaging in private, voluntary activities around the world contributed to creating a global civil society by ‘pursuing public purposes outside the formal apparatus of the state’. There are instances of governments seeking to narrow civil space and limit the range of activities available to not-for-profit organizations. This is happening not only in one-party states but also in liberal democracies, where citizens disengaging from formal political parties are turning to single issue advocacy organizations. At the same time, hybrid legal forms are combining some commonly agreed legal attributes of not-for-profit organizations with attributes of business and government sectors.

This article explores the relationship between the nationhood power and s 61 of the Constitution. It argues that, in the majority of decided cases, the nationhood power has not supported the Commonwealth Government engaging in coercive activities that would have been denied to it at common law. The key issue that has arisen in the case law has been whether an executive act fell within a subject matter of Commonwealth executive power. In this regard, the Court has found that Australia’s attainment of nationhood expanded the areas of Commonwealth responsibility over which the executive power could be exercised. It is further shown that the nationhood power has not undermined the federal distribution of powers. The Court has, in ascertaining whether an executive act is supported by the nationhood power, consistently applied Mason J’s ‘peculiarly adapted’ test, which was set out in Victoria v Commonwealth and Hayden (‘AAP Case’). This test incorporates federalism to condition and limit the nationhood power.

Rates of sexually transmitted infections (STIs) are increasing in older cohorts in Western countries such as Australia, the United Kingdom, and the United States, suggesting a need to examine the safer sex knowledge and practices of older people. This article presents findings from 53 qualitative interviews from the study Sex, Age, and Me: A National Study of Sex and Relationships Among Australians Aged 60+. Participants were recruited through an online national survey. We consider how participants understood “safer sex,” the importance of safer sex to them, the safer sex practices they used (and the contexts in which they used them), and the barriers to using safer sex. Older adults had diverse understandings, knowledge, and use of safer sex practices, although participants tended to focus most strongly on condom use. Having safer sex was strongly mediated by relationship context, trust, perceived risk of contracting an STI, concern for personal health, and stigma. Common barriers to safer sex included erectile difficulties, embarrassment, stigma, reduced pleasure, and the lack of a safer sex culture among older people. The data presented have important implications for sexual health policy, practice, and education and health promotion campaigns aimed at improving the sexual health and well-being of older cohorts.

Under Australian law, unpaid work experience (UWE) will usually be unlawful if it is undertaken as part of an employment arrangement, since employees are generally entitled to be paid at the minimum rate set by an award or minimum wage order. There have been various legal challenges to UWE in the Australian context, which highlight exploitative organisational practices. Yet there has been very little empirical evidence of the extent of, or patterns associated with, unlawful UWE across industries or workplaces. Utilising data from a nationally representative survey of UWE reported by working age Australians, we investigate the extent of potentially unlawful UWE. Potentially unlawful UWE was identified by looking for instances in which the work experience was reported to involve the same work as that done by regular employees and which did not predominantly involve observing or performing mock or simulated tasks. By confining attention to such cases, and subsequently excluding those doing UWE for a reason that would likely bring them within exemptions in labour or social security legislation, we estimate that at least 10% of the UWE reported in the survey was potentially unlawful. This equates to over half a million Australians being involved in unlawful placements or internships between 2011–16. Respondents undertaking potentially unlawful UWE were more likely to do so for longer periods than those with apparently lawful arrangements, but were less likely to secure an offer of paid employment from the organisation hosting them.

Gender equality initiatives often face resistance and backlash. This report begins by examining such resistance, describing its character and origins and the typical forms it takes. The report surveys existing efforts to prepare for and respond to backlash. It concludes with recommendations for how most effectively to respond to, and indeed prevent, resistance to gender equality initiatives...

Whether for self-representation, to be an informed consumer of legal services, or to learn the U.S. legal system, more people than ever are using the library to obtain legal information and legal research advice. The new edition of Finding the Answers to Legal Questions is a comprehensive guide to help librarians confidently assist users in finding the legal information they need. Newly revised and updated, this timely, clearly organized, and easy-to-use resource is packed with guidance to help librarians answer questions that span the gamut of the law. An ideal book for practicing librarians looking to better serve users' legal needs, as well as for students preparing for careers as librarians....

This chapter provides a comprehensive analysis of the law of children and consent to medical treatment in Australia. It covers situations in which a child can provide consent, and other situations in which the consent of a parent is required. It also examines situations in which Australian law requires a court to provide authorisation for a child's medical procedure. The chapter examines Australian legislative frameworks are case law. Complex cases are discussed, and clinical examples are provided.

Although counselors in 44 states are mandatory reporters of child maltreatment, they may lack an understanding of their legally designated role. This article presents the results of a systematic review of child maltreatment reporting laws in all 50 states and the District of Columbia. The authors apply relevant legislation to real-life contexts for counselors.

Technologically mediated forms of sexual abuse have been the subject of extensive media discussion in the 2000s. Arguably, digital media have transformed sexual abuse. Cultural anxieties around sexting and revenge porn have been accompanied by an emerging body of scholarly literature on image-based sexual abuse and harassment. Concern with image-based sexual abuse has centered on the non-consensual distribution of private nude images of women and girls via digital media, which is often represented as harmful, dangerous for the woman or girl in the image, and potentially criminal. Conversely, scholars have just begun to turn their attention to men's intentional distribution of unsolicited images of their penises to women. In this article, we consider the theoretical concepts of the continuum of sexual violence and sexual and aggrieved entitlement alongside the interdisciplinary literature on image-based sexual abuse, sexual harassment, and exhibitionism to propose a future research agenda for understanding the contemporary phenomenon of men sending unsolicited dick pics to women. We argue that dick pics merit scholarly attention as an emerging cultural practice.

Objective: To examine older Australian’s perspectives on how their sexual lives can best be supported and/or improved. Methods: Fifty-three, semi-structured interviews were conducted with Australian men (n = 30) and women (n = 23) aged 60 and over. Results: Participants identified a range of key issues and areas where their sexual lives could be further supported or improved upon, including normalising the occurrence of sex and sexual desire in later life; increasing and improving on the quality of, cultural representations of older adults; introducing policy, educational and practice-based changes in age care facilities to support the consensual sexual expression of residents; and ensuring that sexual health campaigns and education are inclusive of older people. Conclusion: Our findings present clear implications for further developing sexuality education and public health campaigns, training and education of health-care professionals, and generating social and cultural change pertaining to the acceptability of the diversity of sexual expression in later life. Policy Statement: Many older adults remain sexually active as they come in to later life. Sexual health and ageing policy and education should seek to be inclusive of older adults, and to normalise the diversity of sexual expression in later life. There is a particular need for aged care facilities to adopt policy, education and practice based changes supporting the consensual sexual expression of residents.