Law School

Staff profile

 
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

Camilla Andersen

Professor Camilla Andersen

Professor
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 2843
Email
camilla.andersen@uwa.edu.au
Qualifications
PhD Copen.
Biography
Camilla Baasch Andersen is a Professor at University of Western Australia. She was previously a Senior Lecturer at the University of Leicester in the United Kingdom, a lecturer at the Centre for Commercial Law Studies at Queen Mary, University of London and before that she was a PhD research and teaching fellow at University of Copenhagen in her native Denmark. She has lectured externally for several universities, including SOAS in London (UK), University of Essex (UK), University of Turku (Finland) and Victoria University (Melbourne, Australia). She has worked with the CISG Advisory Council, and been the National Reporter for the United Kingdom for the International Academy of Comparative Law. She is a Trade Law Expert for UNCITRAL and sits on the UNCITRAL Australian Co-ordination Committee. She works closely with business, government and academia in pursuit of Commercial Law facilitating trade, and has written extensively on the CISG, international commerce, pro-active approaches to law and comparative commercial law. Prof Andersen was the founding co-editor of The Journal of Comparative Law and is a Fellow at the Institute of International Commercial Law at Pace Law School.
Key research
International Sales (CISG) and Comparative Commercial Law
International Commercial Dispute Resolution (esp. International Commercial Arbitration)
Publications
Forthcoming Publications:
Book:
2017: Rethinking Commercial Contracting, Edvard Elgar Publishing (with Rene Franz Henschel)
Refereed Journal Articles:
2016: [Forthcoming, in UWA Law Review] “Equity in Active Learning and Peer-Review in Designing International Commercial Law PG Units”
2016 [Forthcoming, in Journal of Law Society and Development]: “Cancelling Reservations – Greater Uniformity of the CISG through Removal of the Declarations”
2016: [Forthcoming, in Journal of Strategic Contracting and Negotiation] “A Graphic Contract – Taking Visualisation in Contracting a Step Further (or a step too far...?)” (with Adrian Keating)
2016 [Forthcoming, in Journal of Law and Commerce] “Hardly Room for Hardship – A Functional Review of Art 79 CISG” (with David Kuster)
2016 [Forthcoming, in International Trade and Business Law Review] “Cost and Burden of Proof under the CISG – A Discussion amongst Experts” (with Jansen, Kroll, DiMatteo and Schroeter)

Recent Publications (post 2012):
Book:
2012: Theory and Practice of Harmonisation (with Mads Andenas), Edward Elgar Publishing, [ISBN-13 978 1 84980 001 3]
Book Chapters:
2016 : “Of Cats and Cream – The UK and the CISG” in Spagnolo & Schwenzer (eds) Growing the CISG, p. 1-11, Eleven Publishing [ISBN 9462366675]
2015: “Comparative Commercial Morality – How to Spin Good Faith” (with Bruno Zeller), in Andersen & Henschel (Eds) A Tribute to Joseph M Lookofsky, DJOEF Publishing, p. 16 – 29 [ISBN: 9788757435252]
2015: “What Is So Good About Good Faith? A “Devils-Advocate” Exposition of Conflicting Views on the Utility of Good Faith in Modern Transnational Sales” (with Sean Thomas) in Gagliardi, Nasser & Venosa (eds) "CISG e o Brasil: Desafios e Perspectivas" (CISG and Brazil: Challenges and Perspectives) ATLAS, p. 206-261.
2014: “CISG in National Courts” in DiMatteo (Ed), International Sales Law, A Global Challenge, p. 63 – 78, Cambridge University Press ISBN 9781107020382.
2013: “Reservations of the CISG: Regional Trends and Developments” in Spagnolo & Schwenzer (Eds) Globalization versus Regionalization; The 4th Annual MAA Schlechtriem CISG Conference, p. 1 -13, Eleven International Publishing [ISBN 978-94-6236-066-2].
2012: “Pre-Contractual Mediation – Transplanting Techniques and Introducing a Neutral Contract Facilitator” in Gerlinde Berger-Walliser & Kim Østergaard (eds.) Proactive Law in a Business Environment, p. 155 – 170, DJOEF Publishing [ISBN 978-87-574-2759-2]
2012: “Uniformity and Harmonization by Case Law – the CISG and the Global Jurisconsultorium” in Fogt (ed) Unification and Harmonization of International Commercial Law: Interaction or Deharmonization, p. 175 – 191, Wolters Kluwer [ISBN 9041132821].

Refereed Journal Articles:
2016 “Australian Trade Policy: is the economic significance of Small and Medium sized Enterprises (SME’s) reflected in our trade agreements and outcomes?” (with Bruno Zeller), Global Journal of Comparative Law 5, p. 262-278
2016 “Good Faith – The Gordian Knot of International Commerce” (with Bruno Zeller), 28 Pace Int'l L. Rev. 1, available at: http://digitalcommons.pace.edu/pilr/vol28/iss1/1
2016: “The Unruly horse in China: The Enforcement of Foreign Arbitral Awards and Public Policy” (with Bruno Zeller and YuXian Liu) in International Trade and Business Law Review Vol XIX
2015 “Judicialization of Arbitration through focus on the Seat – Time to Rethink?” (with Bruno Zeller) Vindobona Journal of International Commercial Arbitration Vol 19(2) p. 191 - 209
2015 : ‘A New Challenge for Commercial Practitioners: Making the Most of Shared Laws and their “jurisconsultorium”’ in UNSW Law Journal Issue 38(3) p 911-935
2014, 'Good Faith? Good Grief!', XVII International Trade and Business Law Review - Festschrift for Bruno Zeller, pp. 310-321.
2013 “Breaking the Mould of Scope – Unusual Usage of the CISG”, in [2013] 16:2 Vindobona Journal of International Commercial Law and Arbitration [ISSN 1439-9741] p. 113-122
2012: “Recent Removals of Reservations under the International Sales Law – Winds of Change heralding a Greater Unity of the CISG?” in [2012] Journal of Business Law Issue 8, 698 – 712 [ISSN 0021-9460]
2012: “Article 39 of the CISG and its Noble Month for Notice-Giving; A (gracefully) Ageing Doctrine?” in Journal of Law and Commerce Vol 30: 185 – 202

Older Publications (pre 2012):
Books:
2011: A Practitioner's Guide to the CISG, Transnational Juris (with Francesco Mazzotta, & Bruno Zeller), 1218 pages, [ISBN-13 978-1-933833-37-8]
2009: Sharing International Commercial Law across National Boundaries (with Ulrich Schroeter), Wildy, Simmons & Hill, [ISBN 1898029970]
2007: Uniform Application of the International Sales Law: Understanding Uniformity, the Global Jurisconsultorium and Examination and Notification Provisions of the CISG, Kluwer, 350 pages, [ISBN 978 90 411 2616 0]
2006: The Uniformity of the CISG and its Jurisconsultorium; An analysis of the term and a closer look at examination and notification, Volume 1, Aarhus School of Business Publishing, [ISBN 87-91523-28-1 (1)]
2006: The Uniformity of the CISG and its Jurisconsultorium; An analysis of the term and a closer look at examination and notification, Volume 2, Aarhus School of Business Publishing, [ISBN 87-91523-28-1 (2)]
Book Chapters:
2011: “Applied uniformity of a Uniform Commercial Law: Ensuring functional harmonisation of uniform texts through a global jurisconsultorium of the CISG”, in Andersen & Andenas (eds) Theory and Practice of Harmonisation, p. 30-51, Edvard Elgar Publishing, [ISBN-13 978 1 84980 001 3]
2011: “Towards a Theory and Practice of Harmonisation”, in Andersen & Andenas (eds) Theory and Practice of Harmonisation, p. 572-595, Edvard Elgar Publishing [ISBN-13 978 1 84980 001 3] (with Ross Ashcroft and Mads Andenas)
2011: “Noblesse Oblige…? Revisiting the “Noble Month” and the Expectations and Accomplishments it has prompted” in Muller-Chen/Buchler (eds.) Festschrift for Ingeborg Schwenzer: Private Law National - Global - Comparative, Band I p. 33-50, Stämpfli Verlag AG, Bern. [ISBN 978-3-7272-2956-5]
2009: “Macro-Systematic Interpretation: Interplay between the CISG and Other Uniform Law Sources" in Janssen/Meyer (eds.) Methodology of the CISG, p. 207 – 261, Sellier European Law Publishers [ISBN 978-3-86653-070-6]
2009: “General Principles of the CISG”, in Andersen and Schroeter (eds.) Sharing International Commercial Law across National Boundaries, Wildy, Simmons & Hill, p. 13-34. [ISBN 1898029970]
2008: “National Report of the United Kingdom” in Ferrari (ed.) The CISG and its Impact on National Legal Systems, p. 303-311, Sellier European Law Publishers, [ISBN 978-3-86653-078-2]
2008: “General Principles of the CISG”, in Andersen and Schroeter (eds.) Sharing International Commercial Law across National Boundaries, Wildy, Simmons & Hill March 2008, p. 13-34. [ISBN 1898029970]
2007: “Arts 26/39 CISG-UP-PECL”, in Felemegas (ed), An International Approach to the Interpretation of the United Nations Convention on Contracts for the International Sale of Goods (1980) as Uniform sales Law, Cambridge University Press, p. 133-138, [ISBN 978-0-521-86872-3]
2001: “Uniformity of the CISG in the first Decade of its Application”, in Mistelis, Cremona & Fletcher (eds), Foundations and Perspectives of International Trade Law, Sweet & Maxwell, p. 289- 298 [ISBN 0-421-74100-7]
1998: “Reasonable Time in the CISG – is Article 39(1) truly a uniform provision?”, in Review of the CISG 1998, Kluwer Law International [ISBN 90-411-9352-9] p. 63-177
Refereed Journal Articles:
2009: “The Global Jurisconsultorium of the CISG Revisited” in Vindobona Journal of International Commercial Law and Arbitration (2009) 13 VJ (1) p. 43-70
2007: "The Duty to Examine Goods under the Uniform International Sales Law - An Analysis of Article 38 CISG", in European Business Law Review 18-4, p. 797-814
2007: “Defining Uniformity in Law”, in Uniform Law Review/ Revue de droit uniforme (UNIDROIT), 2007:1, p. 5-55
2005: “A New Direction for Comparative Legal Studies?”, with William Twining et al., in Journal of Comparative Law Vol 1 no 1 p. 100 - 176
2005:“Exceptions to the Notification Rule – are they uniformly interpreted?”, in 9 Vindobona Journal of International Commercial Law and Arbitration, Vol 9(1), (1/2005) 17-42,
2005: “The Uniform International Sales Law and the Global Jurisconsultorium”, in 24 Journal of Law and Commerce p. 159-179
2005: “The Chinese Declaration against Oral Contracts under the CISG”, 8 Vindobona Journal of International Commercial Law and Arbitration, p. 145-164
2004: “From Resource of Law to Source of Law: The Internet as a Source of Law in Unifying the Jurisprudence of the CISG”, 2004(3) Journal of Information, Law & Technology. http://www2.warwick.ac.uk/fac/soc/law/elj/jilt/2004_3/andersen/
2004: “Caselaw on CISG Articles 38 and 39 (Annex to CISG OP 2)”, CISG Advisory Council, in Internationales Handelsrecht 2004 Vol 4, p. 167-175
2003: “The Chinese Declaration as to Form of Contracts under CISG – Time to Withdraw ?”, with Wang Xiaolin, Uniform Law Review/ Revue de droit uniforme (UNIDROIT), 2003:1, p. 870-874
1999: “Furthering the Uniform Application of the CISG: Sources of Law on the Internet”, in Pace International Law Review, Vol. X, No. II 10:403-411
Roles, responsibilities and expertise
Director of Higher Degrees by Research
Graduate Research Co-ordinator
Future research
Good Faith
Visualisation in commercial contract law
Judicialisation of arbitration
Funding received
Matariki Visiting Professor Grant (2015), Leverhulme (2009), British Council (2008)
Languages
Fluent: Danish, German, French, Swedish, English, Conversational: Spanish, Norwegian
Memberships
IACCM
UNCCA
Honours and awards

UL Law Society PG Teacher of the Year 2010-2011
UL Law Society PG Teacher of the Year 2009-2010
UL Law Society PG Teacher of the Year 2007-2008
Clive M Schmitthoff Essay Competition Winner 1999
Teaching
Foundations of International Commercial Law
International Sales Law
Financing of International Trade Law
Comparative Law
International Commercial Law
ADR
Commercial Practice
Current external positions
Trade Law Expert UNCITRAL
Fellow PACE Institute of International Commercial Law (New York)
Sales Law Expert (SiLS)
Research profile
Research profile and publications
 
Tracey Atkins

Asst/Prof Tracey Atkins

Lecturer
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 7096
Fax
+61 8 6488 1045
Email
tracey.atkins@uwa.edu.au
Qualifications
LLB Victoria UT, BA La Trobe
Research profile
Research profile and publications
 
Renae Barker

Dr Renae Barker

Lecturer
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 7053
Fax
+61 8 6488 1045
Email
renae.barker@uwa.edu.au
Qualifications
BEc LLB Murd., PhD W.Aust.
Biography
Renae Graduated from Murdoch University with a Bachelor’s degree in law with honours and Bachelor’s degree in economics. She subsequently completed her PhD at the University of Western Australia in 2014. Her thesis explored the development of the relationship between the state and religion in Australia from 1788 to modern Australia. She joined UWA as a lecture in 2013, having tutored at the university of a number of years.
Key research
Renae researches in the area of law and religion. Her particular areas of interest are religion and education, freedom of religion and state funding of religion.
Her current research focuses on the engagement of Muslim’s in the common law legal system. This includes the issue of the wearing of Islamic face veils (burqa and niqab) by witnesses and other participants in the court process.
Renae’s Phd thesis was titled ‘The changing relationship between the State and religion in Australia: 1788 to modern Australia. What has changed?, What is the same? And what does that tell us?’. It covered State restrictions on religious practice, religion and education and State funding of religion.
Publications
REFEREED ARTICLES

'Under most peculiar circumstances': The church acts in the Australian colonies as a study of plural establishment' (2016)3 Law & History 28

'Rebutting the Ban the Burqa Rhetoric: A Critical Analysis of the Arguments for a Ban on the Islamic Face Veil in Australia' (2016) 37(1) Adelaide Law Review 191

'Scientology, the test case religion.' (2015) 40(4) Alternative Law Review 275

'A Critical Analysis of Religious Aspects of the Australian Chaplaincy Cases' (2015)4(1) Oxford Journal of Law and Religion 26 - 53

‘The Full Face Covering Debate: The Australian Perspective’ (2012) 36(1) University of Western Australia Law Review 143

‘The Priest Penitent Privilege in Australia and Its Consequences’ (2006), E-Law, (Note: published under Maiden Name)


CONFERENCE PAPERS

‘Burqas in the Court Room: Voices from Behind the Veil’ (A paper presented at the Oxford
Journal of law and Religion 2015 Summer Academy, Oxford, 21 – 24 June 2015)

‘Plural Establishment in Australia – What Was It and When Was it?’ (A paper presented at
the 33rd Annual ANZLHS Conference, Coffs Harbour, 10 – 13 December 2014)


‘Section 116 of the Australian Constitution – The Known Unknowns’ (A paper presented at the Gilbert + Tobin Centre of Public Law 2014 Postgraduate Workshop in Public Law Sydney, 17 – 20 July 2014)

‘A Question to the Founding Father: why don’t we have a freedom of Religion?’ (A paper presented at RUSSLR Conference Canberra, 14 August 2009)

THE CONVERSATION

Is Australia a secular country? It depends what you mean (14 May 2015)

Explainer: can religious schools discriminate in their enrolments? (7 May 2015)

Cakegate: a story of the clash of religious freedom and gay rights (13 March 2015)

Banning the burqa is not the answer to fears about public safety (22 September 2014)

Anglican Shift on Confessions puts Abuse Victims’ Interests First (11 July 2014)

Charitable Treatment by Regulator Belies Church Complaints (1 April 2014)

Explainer: What the Law says about Religious Instruction in Schools (3 March 2014)

OTHER

'Niqabs in the Court Room: The Need for Judicial Sensitivity and Imagination' (5 December 2016) ABC Religion and Ethics

'Comment: If 2016 brings marriage equality to Australia, will it end the LGBTI rights debate?' (23 December 2015) SBS Sexuality
Roles, responsibilities and expertise
Mooting Coordinator
Honours and awards
2014 Faculty Excellence in Teaching Award
2011 Faculty Excellence in Teaching Award (Tutor)
Teaching
UNDERGRADUATE
LAWS3334 Law and Religion
LAWS3391 Special Unit: Law and Religion

JURIS DOCTOR
LAWS4101 Legal Process
LAWS5307 Special Unit: Mooting
Current external positions
Advocate, Anglican Diocese of Bunbury
Research profile
Research profile and publications
 
Richard Bartlett

Professor Richard Bartlett

Professor
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 2953
Fax
+61 8 6488 1045
Email
richard.bartlett@uwa.edu.au
Qualifications
LLB Leeds, LLM Alta., PhD W.Aust.
Biography
Office: Law Link Building Room 2.30
Key research
His research interests include Mining law,native title in Australia, with particular reference to resource development and native title, the operations and decisions of the National Native Title Tribunal, and the law in relation to water resources of Western Australia.
Publications
2003 Publications: http://www.publishing.uwa.edu.au/research/2003/law-school.asp
2002 Publications: http://www.publishing.uwa.edu.au/research/2002/law-school.asp
2001 Publications: http://www.publishing.uwa.edu.au/research/2001/law.asp
2000 Publications: http://www.publishing.uwa.edu.au/research/2000/law.asp
1999 Publications: http://www.publishing.uwa.edu.au/research/1999/LawSchool.asp
1998 Publications: http://www.publishing.uwa.edu.au/research/1998/LawSchool.asp
1997 Publications: http://www.publishing.uwa.edu.au/research/1997/law-school.asp
1996 Publications: http://www.publishing.uwa.edu.au/research/1996/law-school.asp
1995 Publications: http://www.publishing.uwa.edu.au/research/1995/law.asp
1994 Publications: http://www.publishing.uwa.edu.au/research/1994/law-school.asp
Roles, responsibilities and expertise
Richard is the Director of the Centre for Mining, Energy and Natural Resources Law in the Faculty of Law. He has appeared as counsel in native title litigation before the High Court of Australia.
Teaching
Richard Bartlett LLB Leeds, LLM Alta, PhD W.Aust. teaches units in Mining and Energy Law (at both undergraduate and postgraduate levels).
Research profile
Research profile and publications
 
Theodore Bennett

Dr Theodore Bennett

Lecturer
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 2619
Fax
+61 8 6488 1045
Email
theodore.bennett@uwa.edu.au
Qualifications
BA LLB PhD W.Aust.
Biography
Theodore has completed a Bachelor of Arts (majoring in Philosophy), a Bachelor of Laws with First Class Honours, and a Doctorate of Philosophy. He joined the UWA Faculty of Law full-time in 2013.
Key research
Theodore's research is primarily concerned with the ways in which sociolegal systems conceptualise and regulate human bodies and identities. He is particularly interested in the ways in which these systems frame and position bodies, bodily activities and identities within broader models of understanding, and how marginal or subcultural bodies/identities are inequitably impacted by regulation and social attitudes. He has researched and written on a number of issues around this, in relation to topics such as sadomasochism, healthy limb amputation, cosmetic surgery and sex and gender diversity.
Publications
Books-

•Theodore Bennett, Cuts and Criminality: Body Alteration in Legal Discourse (Ashgate Publishing, 2015).

Articles-
•Theodore Bennett, ‘Tortured Genius: The Legality of Injurious Performance Art' (2017) 42(1) Alternative Law Journal 24-28.

•Theodore Bennett, ‘Not so Straight-Talking: How Defamation Law Should Treat Imputations of Homosexuality' (2016) 35(2) University of Queensland Law Journal 313-330.

•Theodore Bennett, ‘Orientations and 'Deviations': Sexuality in Anti-Discrimination Law' (2016) 42(1) Monash University Law Review 15-40.

•Theodore Bennett, ‘Response: Sex/Gender Diversity and the Limitations of Legal Identification' (2015) 1 UniSA Student Law Review 192-195.

•Theodore Bennett, ‘Persecution or Play? Law and the Ethical Significance of Sadomasochism' (2015) 24(1) Social & Legal Studies 89-112.

•Theodore Bennett, ‘No Man's Land: Non-Binary Sex Identification in Australian Law and Policy' (2014) 37(3) UNSW Law Journal 847-873.

•Theodore Bennett, ‘Transsexualism and the Consideration of Social Factors in Sex Identification Law’ (2013) 34(2) Adelaide Law Review 379-402.

•Theodore Bennett, ‘Sadomasochism Under the Human Rights (Sexual Conduct) Act 1994' (2013) 35(3) Sydney Law Review 541-564.

•Theodore Bennett, ‘Just Plain Dirt and Nothing Else: Sexually Explicit Films and Australian Classification Law’ (2013) 38(2) Alternative Law Journal 87-91.

•Theodore Bennett, ‘A Polyvocal (Re)Modelling of the Jurisprudence of Sadomasochism’ (2012) 36(1) University of Western Australia Law Review 199-221.

• Theodore Bennett, ‘Beauty and the Beast: Analogising Between Cosmetic Surgery and Female Genital Mutilation’ (2012) 14(1) Flinders Law Journal 49-68.

•Theodore Bennett, ‘It’s But a Flesh Wound: Criminal Law and the Conceptualisation of Healthy Limb Amputation’ (2011) 36(3) Alternative Law Journal 158-162.

Conference Presentations-

•Theodore Bennett, ‘Innovative In-Corporation: Bioart, Technology and the Boundaries of the Legal Body’ (Paper presented at the Society for Literature, Science and the Arts 'Neolife' Conference, University of Western Australia, 2 October 2015).

•Theodore Bennett, ‘Sex, Violence or Something Else?: (Re)Interpellating Sadomasochism in Legal Discourse’ (Paper presented at the Law, Literature and the Humanities Association of Australasia Conference, Australian National University, 6 December 2013).

• Theodore Bennett, ‘Flogging a Dead Author: Sadomasochism, Textuality and the Limitations on Reading Juridically’ (Paper presented at the Australian Society of Legal Philosophy Pre-Conference Workshop, University of Queensland, 29 July 2011).

•Theodore Bennett, ‘Talking Dirty: Legal Discourse, Sadomasochism and the Monopolisation of Meaning’ (Paper presented at the Somatechnics Research Centre Conference, Sydney, 20 November 2009).
Honours and awards
Baillieu Research Scholarship (2009-2012).
Teaching
Theodore is the unit coordinator for Law in Action and Law and Contemporary Social Issues. He has previously taught in Law, Conflict and Change, Legal Systems, Introduction to Laws, Contract Law and Evidence Law.
Research profile
Research profile and publications
 
Harry Blagg

Professor Harry Blagg

Professor
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 2842
Fax
+61 8 6488 1045
Email
harry.blagg@uwa.edu.au
Qualifications
BA Durh., PhD Birm.
Research profile
Research profile and publications
 
Meredith Blake

Ms Meredith Blake

Deputy Head of School (Students)
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 7011
Fax
+61 8 6488 1045
Email
meredith.blake@uwa.edu.au
Biography
Meredith Blake is an Associate Professor and the Associate Dean (Teaching and Learning) in the Faculty of Law at the University of Western Australia.
Key research
Meredith's research interests include Criminal Law and Health Law
Publications
Books

“The Patient and the Practitioner: Health Law and Ethics in Australia”, joint M Blake and S Allen (Lexis Nexis, due Dec 2013)

“Kenny Criminal Law in Queensland and Western Australia”, joint M Blake and J Devereaux (Lexis Nexis, 2013)

Journal articles

“Doctors’ Liability for Homicide under the WA Criminal Code: Defining the Role of Defences”, accepted for publication in University of Western Australia Law Review, 2011

“New Laws for Medical Decision-Making at the End of Life”, Medicus, March 2010

“Loss of a chance in medical negligence: A lost cause”. Commentary on Gett v Tabet (2009) 254 AL5 504, The Tort Law Review (Vol 17, Number 3) November 2009, at p119

“Should Health Professionals be under a Legal Duty to Disclose Familial Genetic Information?” Commonwealth Law Bulletin (Vol 34, Number 3) September 2008, pp 571-593

“Religious Beliefs and Medical Treatment: The Challenge to Patient Consent”, Bond Law Review, Vol 19, Number 1, 2007, pp 26-60

“Whose Life is it Anyway? A Commentary on the Terri Schiavo Case” International Trade and Business Law Review, Vol X, 2006, pp 69-85

“Redrawing the Boundaries of Criminal Liability – Beyond Subjectivism”, Asia Pacific Law Review, Vol 12, Number 2, 2004, pp 217-233

“Ethical Issues and the Criminal Defence Lawyer” (joint M Blake (50%) and A Ashworth (50%)) Legal Ethics, Vol 7, No 2, Winter 2004, pp

“Policing Pregnancy: Rights and Wrongs”, Law and Medicine, 3 Current Legal Issues, 2000, pp 283-301

“Ethical Issues in Prosecuting and Defending Criminal Law Cases” (joint M Blake (50%) and A Ashworth (50%), Criminal Law Review, January 1998, pp 16-34

“Physician Assisted Suicide: A Criminal Offence or a Patient’s Right?”, Medical Law Review, 5, Autumn 1997, pp 294-316

“The Presumption of Innocence in English Criminal Law” (joint M Blake (40%) and A Ashworth (60%), Criminal Law Review, May 1996, pp 306-317

“The Gutter Truth”, 7 King’s College Law Journal, 1996-1997, p 99

“To Tort or Not to Tort”, 6 King’s College Law Journal, 1995-1996, p 101

“Battling the Budget: Judicial Review of National Health Resources”, 6 Dispatches (publication of the KCL CMLE), No 3, Summer 1996
Memberships
Committee Membership (selected):

Member (Lawyer), Human Research and Ethics Committee, UWA (2009 continuing)

Chair, Equity Committee, Law School UWA (2012)

Accelerated Pathways Committee (Law School, 2010)

Member, Ethics Committee of the Genetic Council of WA (2006 continuing)

Research Committee, Law Faculty, University of Notre Dame (2006-2008)

Senate Ethics Committee, City University London (2002-2004)
Honours and awards
Nomination for Excellence in Teaching Award and Blackstone Society Teacher of the Year, 2010, 2011, UWA

Nomination for Excellence in Teaching Award (small group) December 2008, UWA

Vice Chancellor’s Commendation for Excellence in Teaching, University of Notre Dame Australia
July 2006, December 2006, July 2007, July 2008, December 2008
Previous positions
Director, LLB, Law School, City University London (2000-2002)

Head, Honours’ Program, Law School, City University London (2000-2002)
Research profile
Research profile and publications
 
Michael Blakeney

W/Prof Michael Blakeney

Winthrop Professor
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 3438
Fax
+61 8 6488 1045
Email
michael.blakeney@uwa.edu.au
Qualifications
BA LLB LLM Syd., MA NSW
Biography
Michael Blakeney is Winthrop Professor of Law at the Faculty of Law, UWA and Visiting Professor of Intellectual Property Law at Queen Mary University of London. He has held academic positions at a number of Universities in Australia and the UK and formerly worked in the Asia Pacific Bureau of the World Intellectual Property Organization. He is an arbitrator with the International Court of Arbitration.
Key research
International Intellectual Property Law
Biotechnological patenting
Intellectual property enforcement
Publications
Books
• Legal Aspects of Technology Transfer to Developing Countries Oxford: ESC, 1989
• Trade Related Aspects of Intellectual Property Rights. A Concise Guide to the TRIPs Agreement London: Sweet & Maxwell, 1996
•Intellectual Property Aspects of Ethnobiology (Editor) London: Sweet & Maxwell, 1999.
•Border Control of Intellectual Property Rights (Editor), London: Sweet & Maxwell 2001.
•IP in Biodiversity and Agriculture: Regulating the Biosphere (Editor with P. Drahos), London: Sweet & Maxwell 2001.
•International Encyclopaedia of Intellectual Property Treaties (Editor with A.Ilardi), Oxford: Oxford University Press 2004.
•Intellectual Property Harmonisation Within ASEAN and APEC (Editor with C. Antons and C. Heath), The Hague: Kluwer Law International, 2004.
• Intellectual Property Rights and Food Security. Wallingford. CAB International. 2009, ISBN 978-1-84593-560-3
•Extending the Protection of Geographical Indications. Case Studies in the Protection of Agricultural Products in Africa, (Editor with Thierry Coulet, Getachew Mengistie and Marcelin Tonye Mahop), London, Earthscan (Routledge), 2012, 361pp. ISBN: 978-0-415-50102-6
•Intellectual Property Enforcement. A Commentary on the Anti-Counterfeiting Trade Agreement (ACTA), Cheltenham UK, Edward Elgar, 2012,394 pp. ISBN 978 1 84980 003 7.
•The Protection of Geographical Indications. Law and Practice Cheltenham UK, Edward Elgar 2014, 473pp. ISBN 978 1 78254 671 9.
•Geographical Indications, vols 1-3, Cheltenham UK, Edward Elgar 2015, 473pp. ISBN 978 1 78254 775 4

Book chapters (last 5 years)
•‘Enforcement and Border Control of Intellectual Property Rights under the TRIPs Agreement’ in M. Blakeney, Ed Border Control of Intellectual Property Rights, London, Sweet & Maxwell, 2011, TRI-001-037.
•‘The World Customs Organisation’ in M. Blakeney, Ed Border Control of Intellectual Property Rights, London, Sweet & Maxwell, 2011, WC-001-009.
•‘Australia’ in M. Blakeney, Ed Border Control of Intellectual Property Rights, London, Sweet & Maxwell, 2011, AUS-001-031.
•‘Section 4: Special Requirements Related to Border Measures’, in Thomas Cottier and Pierre Véron, eds, Concise International and European IP Law. TRIPS, Paris Convention, European Enforcement and Transfer of Technology, Second Edition, Alphen aan den Rijn, Kluwer Law International, 2011, ISBN 978-90-411-3420-2, 145-169.
•‘Proposals for International Criminal Enforcement of Intellectual Property Rights’ in Christoph Antons (ed.), The Enforcement of Intellectual Property Rights: Comparative Perspectives from the Asia-Pacific Region, Alphen aan Den Rijn, The Netherlands, 2011 Kluwer Law International BV, 23–46.
•‘Criminal Enforcement of IPRs’ in Horst-Peter Götting and Claudia Schlűter, eds., Nouriture de l’esprit. Festschrift fűr Dieter Stauder. Baden Baden, Nomos Verlagsgesellschaft, 2011, 15-28. ISBN 978-3-8329-6436-8.
•‘Intellectual property (IP) issues and international treaties related to genetic resources’ in Mohd Shukor Nordin, Salma Idris, Mohd Rani Mat Yusoh and Mohd Shukri Mat Ali, Agrobiodiversity in Malaysia II. Conservation and Sustainable Utilization, Kuala Lumpur, MARDI, 2011, 3-10. ISBN 978-967-936-583-2.
•‘The Pacific Solution: The European Union’s Intellectual Property Rights Activism in Australia’s and New Zealand’s Sphere of Influence’ in Peter Drahos and Susy Frankel, eds, Indigenous Peoples’ Innovation Intellectual Property Pathways to Development, Canberra, ANU E Press, 2012, 161-184. ISBN 9781921862779
•‘Geographical Indications and TRIPS’ in Michael Blakeney,Thierry Coulet, Getachew Mengistie and Marcelin Tonye Mahop, Eds, Extending the Protection of Geographical Indications. Case Studies in the Protection of Agricultural Products in Africa, (Editor with), London, Earthscan, 2012, 7-34.
•‘Legal Infrastructure for the Protection of GIs’ in Michael Blakeney,Thierry Coulet, Getachew Mengistie and Marcelin Tonye Mahop, Eds, Extending the Protection of Geographical Indications. Case Studies in the Protection of Agricultural Products in Africa, (Editor with), London, Earthscan, 2012, 51-83.
•‘Geographical Indications and Economic Development’ (with G. Mengistie) in Michael Blakeney,Thierry Coulet, Getachew Mengistie and Marcelin Tonye Mahop, Eds, Extending the Protection of Geographical Indications. Case Studies in the Protection of Agricultural Products in Africa, (Editor with), London, Earthscan, 2012, 84-100.
•‘Geographical Indications, Traditional Knowledge, Expressions of Culture and the Protection of Cultural Products in Africa’ in Michael Blakeney,Thierry Coulet, Getachew Mengistie and Marcelin Tonye Mahop, Eds, Extending the Protection of Geographical Indications. Case Studies in the Protection of Agricultural Products in Africa, (Editor with), London, Earthscan, 2012, 120-134.
•‘Case Study: Kenya Tea’(with G. Mengistie) in Michael Blakeney,Thierry Coulet, Getachew Mengistie and Marcelin Tonye Mahop, Eds, Extending the Protection of Geographical Indications. Case Studies in the Protection of Agricultural Products in Africa, (Editor with), London, Earthscan, 2012, 213-234.
•‘Case Study: Mauritius Sugar’ in Michael Blakeney,Thierry Coulet, Getachew Mengistie and Marcelin Tonye Mahop, Eds, Extending the Protection of Geographical Indications. Case Studies in the Protection of Agricultural Products in Africa, (Editor with), London, Earthscan, 2012, 235-244.
•Case Study-Zanzibar Cloves’ (with G. Mengistie) in Michael Blakeney,Thierry Coulet, Getachew Mengistie and Marcelin Tonye Mahop, Eds, Extending the Protection of Geographical Indications. Case Studies in the Protection of Agricultural Products in Africa, (Editor with), London, Earthscan, 2012, 7-34.
•‘Climate Change and Intellectual Property: Regulatory Issues’ in C. Kole (ed.), Genomics and Breeding for Climate-Resilient Crops, Vol. 1, Springer-Verlag Berlin Heidelberg 2013, 433-459, ISBN: 978-3-642-37044-1
•‘Intellectual Property Rights’ in Debra Rowe. Ed, Achieving Sustainability: Visions, Principles, and Practices, Detroit: Macmillan Reference USA, 2014 , 481-486 ISBN 978-0-02-866201-5.
•‘ACTA and cross-border enforcement of intellectual property’ in P. Torremans, ed, Research handbook on cross-border enforcement of IP Cheltenham, Edward Elgar, 2014,731-769 ISBN 9781781955796,
•‘Traditional knowledge and cultural expressions: discussions and developments in WIPO’ in Irina Stamatoudi, ed, The Future of Copyright. A European Union and International Perspective Cheltenham, Edward Elgar, 2015
•‘The negotiations in WIPO for international conventions on traditional knowledge and traditional cultural expressions’ in Jessica C Lai and Antionette Maget Dominicé, Intellectual Property and Access to Im/material Goods, Cheltenham, Edward Elgar, 2016, ISBN 978-90-411-661-5, 227-256,
•‘DNA Patenting’ in Harikesh B. Singh, Alok Jha and Chetan Keswani, eds., Intellectual Property Issues in Biotechnology, Wallingford, Oxon, CAB International, Inc, 2016, ISBN 13: 978 1 78064 653 4, 128-137.
•‘Food Intellectual Property’, Reference Module in Food Sciences Elsevier, pp. 1–10. doi: http://dx.doi.org/10.1016/B978-0-08-100596-5.03530-7, Oxford, Elsevier Inc., 2016.

Refereed articles (last 5 years)
•‘Intellectual Property Policy Formulation in LDCs in Sub-Saharan Africa’( With G. Mengistie) (2011) 19 The African Journal of International and Comparative Law, 66–98 ISSN: 0954-8890
•‘Recent developments in intellectual property and power in the private sector related to food and agriculture’ (2011) 36 Food Policy Supplement 1, 109-113. ISSN: 0306-9192
•‘Intellectual Property Aspects of GM Agriculture (Part I)’ (2011) 11 Bio-Science Law Review 78-95, ISSN: 1365-8867.
•‘Intellectual Property Aspects of GM Agriculture (Part II)’ (2011) 11 Bio-Science Law Review 130-137, ISSN: 1365-8867.
•‘Protecting traditional knowledge and expressions of culture in the Pacific’ (2011) 1(1) Queen Mary Journal of Intellectual Property, 80–89, ISSN 2045-9815
•‘Geographical Indications and the Marketing of Agricultural Products: Mauritius –a Case Study’, (2011) 17(2) International Trade Law & Regulation 58-69, ISSN: 1357-3136.
•‘Intellectual Property and Economic Development in Sub-Saharan Africa’ (with G. Mengistie) (2011) 14 The Journal of World Intellectual Property, 238–264 ISSN: 1422-2213.
•‘Patents and Plant Breeding: Implications for Food Security’ (2011). 3(3) Amsterdam Law Forum 73-88. VU e-Publishing, Amsterdam, ISSN: 18768156
•‘Climate change and gene patents’ (2012) 1(2) Queen Mary Journal of Intellectual Property, 2–13, ISSN 2045-9807.
•‘Patenting of Plant Varieties and Plant Breeding Methods’, (2012) 63(3) Journal of Experimental Botany 1069-1074, ISSN 0022-0957.
•‘Geographical Indications and the International Trade in Australian Wines’ (2012) 18 (1) International Trade Law & Regulation 70-78, ISSN: 1357-3136.
•‘Food Labelling and International Trade’, (2013) 19 (1) International Trade Law & Regulation 14-24, ISSN: 1357-3136.
•‘Protecting the Spiritual Beliefs of Indigenous Peoples–Australian Case Studies’ (2013) 22(2) Pacific Rim Law & Policy Journal 391-427, ISSN 1066-863.
•‘Covert International Intellectual Property Legislation: The Ignoble Origins of the Anti-Counterfeiting Trade Agreement’ (2013) 21 (3) Michigan State International Law Review 87-114 1087-5468
•‘The Registration of Geographical Marks in Europe’ (2014) 20(1) International Trade Law & Regulation 1-12, ISSN: 1357-3136.
•‘The Pacific Solution: Australia and Negotiation of the Trans-Pacific Partnership Agreement (TPPA)’ (2014) 37(2) University of Western Australia Law Review 72-85, ISSN 0042-0328.
•Geographical Indications. What do they indicate?’ (2014) 6(1) The WIPO Journal 34-40. ISSN 2041–2029.
•‘Scope of the Intellectual Property Chapter of the Trans-Pacific Partnership Agreement (TPPA)’ (2015) 21(1) International Trade Law & Regulation 14-20, ISSN: 1357-3136.
•‘GM v Organic Farming: Marsh v Baxter’ (2015) 14(2) Bio-Science Law Review 48-56. (with Alexandra Meade) . ISSN: 1365-8867.
•‘Blowing in the Wind: Adjudicating the Impact of GM Crops on Organic Farming in the Courtroom’, (2015) 21(1) International Trade Law & Regulation 91-100, ISSN: 1357-3136.
•‘Application of genomics-assisted breeding for generation of climate resilient crops: Progress and prospects’ (with Chittaranjan Kole, Mehanathan Muthamilarasan, Robert Henry, David Edwards, Rishu Sharma, Michael Abberton6, Jacqueline Batley7 Alison Bentley, Michael Blakeney, John Bryant, Hongwei Cai, Mehmet Cakir, Leland J. Cseke, James Cockram, Antonio de Costa Oliveira, Ciro De Pace, Hannes Dempewolf, Shelby Ellison, Paul Gepts, Andy Greenland, Anthony Hall, Kiyosumi, Hori, Glenn T. Howe, Stephen Hughes, Mike W Humphreys, Massimo Iorizzo, Abdelbagi M. Ismail, Athole Marshall, Sean Mayes, Henry T. Nguyen, Francis C. Ogbonnaya, Rodomiro Ortiz, Andrew H. Paterson, Phillip W. Simon, Joe Tohme, Roberto Tuberosa, Babu Valliyodan, Rajeev Varshney, Stan D. Wullschleger, Masahiro Yano and Manoj Prasad) (2015) 6 Frontiers in Plant Science, 1-35. ISSN 1664-462X
•‘Protecting the Knowledge and Cultural Expressions of Aboriginal Peoples’, (2015) 39 University of Western Australia Law Review 180-207, ISSN 0042-0328
•‘Geographical Indications in Africa. Opportunities, Experiences and Challenges’ (with Getachew Mengistie, (2016) 38(5) European Intellectual Property Review 290-306. ISSN: 0142–0461.
Roles, responsibilities and expertise
Staff Editor, University of Western Australia Law Review
Co-ordinator: Industrial and Intellectual Property Law
Future research
Regulating access to genetic resources.
Protecting traditional knowledge
Regulating Food
Industrial relevance
Professor Blakeney has advised the Asian Development Bank, Consulting Group for International Agricultural Research, European Commission (EC), European Patent Office, Food and Agricultural Organization, World Bank, World Intellectual Property Organization and a number of university and public research institutes on technology transfer and management of intellectual property.
Memberships
Education Committee, Chartered Institute of Patent Agents; Committee of Experts, Intellectual Property Institute (London); Committee on Intellectual and Industrial Property, International Chamber of Commerce (London), Member, Litigators Accreditation Board, Chartered Institute of Patent Agents, Member, Folklore Advisory Committee, Centre for Socio-Legal Studies, Oxford University, Trustee: Intellectual Property Education Trust; Board of Advisers, Intellectual Property Directorate, International Agricultural Biotechnology Service; Lord Chamberlain’s Legal Education Conference; United Nations Conference on Trade and Development, Sustainable Development Panel, Centre for Asia and the Pacific Technology Law and Policy.
Previous positions
Lecturer (1975-1980), Senior Lecturer (1980-1984) Associate Professor (1984-1986) - University of New South Wales, School of Law.
Visiting Fellow, 1977-1978 - Corpus Christi College, Oxford University.
Commonwealth Fellow - University of Warwick, School of Law, 1986-1987.
Herchel Smith Senior Research Fellow in Intellectual Property, - Centre For Commercial Law Studies, Queen Mary College, University of London, 1987-1988
Visiting Lecturer in Technology Transfer Law, Centre for Commercial Law Studies, Queen Mary College, 1991-1994.
Dean and Professor of Law, Murdoch University, School of Law, 1995-1998.
Director, Asia Pacific Intellectual Property Law Institute, Murdoch University, 1997-1998.
Herchel Smith Professor of Intellectual Property Law, Queen Mary, University of London, from 1998.
•Director, Queen Mary Intellectual Property Research Institute, Centre for Commercial Law Studies, Queen Mary, University of London from 1998.
•Director, Centre for Commercial Law Studies, Queen Mary, University of London 2003-2005.
•Yong Shook Lin Visiting Professor, Faculty of Law, National University of Singapore, 2005.
Teaching
Intellectual Property
Food Law
Current external positions
Visiting Professor in Intellectual Property and Agriculture, Queen Mary University of London.
Current projects
Protection of local agricultural knowledge in India and Indonesia
Food waste minimization
Research profile
Research profile and publications
 

Ms Mary-Rose Bright

Casual Teaching
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Email
mary-rose.bright@uwa.edu.au
Research profile
Research profile and publications
 
Marilyn Bromberg

Dr Marilyn Bromberg

Senior Lecturer
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 2947
Email
marilyn.bromberg@uwa.edu.au
Biography
Originally from Toronto, Canada, Marilyn commenced work as a freelance journalist for Canada's largest newspaper, The Toronto Star, at age 14. Six years later she commenced working as a television producer at matrix produxions in Toronto.

Marilyn graduated with a BBA (Honours) from the Schulich School of Business at York University, an LLB (Dist) from The University of Western Australia, a PhD from Murdoch University and a Graduate Certificate in University Teaching from The University of Notre Dame Australia (Fremantle Campus). She completed a semester on exchange at the London School of Economics. She also received a full bursary from the Canadian Federal Government to study in a French immersion course at the Cegep de Trois-Rivieres as part of the Summer Language Bursary Program.

Prior to commencing work as a Senior Lecturer at The University of Western Australia, Marilyn enjoyed working as an academic at the Law School at The University of Notre Dame Australia (Fremantle Campus) for six years. Marilyn also works as a consultant in her research areas for legal organisations.

Some of the venues/conferences where Marilyn has spoken include: Harvard University, The Supreme Court of Canada, the Family Court of Western Australia, the Melbourne Law School at the University of Melbourne, the Australian National University Law School and the State Administrative Tribunal.

If you have an inquiry regarding Marilyn speaking at a function/conference, completing consulting work or supervising a thesis, please contact her.
Funding received
-UWA Impact Research Grant - $6,860 to fund the airfare, accommodation and expenses to travel to Spain in 2018 to speak about energy drinks research at a conference and also to pay for the airfare, accommodation and expenses to share this research in Melbourne and Canberra later in 2018
-Law School Internal Research Grant - $3,719.99
to fund the airfare, accommodation and expenses associated with speaking at the IACA/NACM Excellence on a Global Scale Conference in Washington DC (2017)
-Telethon - Perth Children’s Hospital Research Fund Grant, over $250,000 with a team of academics across disciplines (2016)
Memberships
-Member of The Australasian Institute of Judicial Administration (2017 - present)
-Member of the International Association for Court Administration Electronic Cases Filing Commission (2017 - present)
-Member of the Editorial Board, LexisNexis Internet Law Bulletin (2015 - present)
-Volunteer lawyer, Fremantle Community Legal Centre (2014 - present)
-Volunteer judge, Interschool Mock Trials Competition, The Law Society of Western Australia (2011 - present)
-Holds a valid certificate to practice law in the State of Western Australia (2010 - present)

Honours and awards
-Nominated for a FABLE Teaching Excellence Award (2017)
-Recipient of the Blackstone Society Teacher of the Year Award (2017)
-Finalist for the Lawyers Weekly Women in Law ‘Academic of the Year’ award (2015)
-Received The Jane Power Prize for Service to the School of Law (2014)
-Commonwealth Funded Research Training Scheme Scholarship (2011 - 2014)
-Received five letters of merit for teaching from the Dean of UNDA’s School of Law (2011 - 2014)
-Received the Appreciation Award from the City of Perth Rotaract for “enthusiasm and support at both Club and District level” (2010)
-Received the "Initiative Award" from the Schulich School of Business for "creativity, drive and communication ability" (2004)
Teaching
Marilyn is the unit coordinator and lecturer for Law in Action and Procedure. She is also the tutor for Procedure.
New and noteworthy
Marilyn has been interviewed about her research on television, the radio, and in print and online media numerous times. This includes being interviewed on the Sunrise and The Project television programs and the Law Report radio program. Here are links to some of Marilyn's interviews and articles that she has written for newspapers:

6Pr Radio with Chris Ilsley:

http://www.6pr.com.au/podcast/should-e-cigarettes-be-legal/

http://www.6pr.com.au/podcast/should-pro-anorexia-sites-be-illegal/

https://audioboom.com/posts/5760031-dr-marilyn-bromberg-university-of-western-australia

The Fremantle Gazette:

http://fremantle.inmycommunity.com.au/7668616

The Law Report:

http://www.abc.net.au/radionational/programs/lawreport/body-image-and-the-law/5198942

http://www.abc.net.au/radionational/programs/lawreport/anorexia-websites/7937718

http://www.abc.net.au/radionational/programs/lawreport/skype-in-the-criminal-justice-system/5932116

http://www.abc.net.au/radionational/programs/lawreport/energy-drinks-and-regulation/6604196

http://www.abc.net.au/radionational/programs/lawreport/e-cigarettes/5505756

The West Australian:

https://au.news.yahoo.com/thewest/a/24227239/curbs-wanted-on-doctored-models/

https://au.news.yahoo.com/thewest/a/25751882/call-to-legalise-e-cigarettes/
Research profile
Research profile and publications
 
Robyn Carroll

Professor Robyn Carroll

Professor
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 2965
Fax
+61 8 6488 1045
Email
robyn.carroll@uwa.edu.au
Qualifications
LLB BJuris W.Aust., BCL Oxf.
Biography
Robyn teaches and researches in the private law and dispute resolution subjects Contract Law, Family Law, Civil Remedies and Mediation. Her most recent contribution to Family Law scholarship is as co-author of Young et al Family Law in Australia (LexisNexis 9th Edition, 2016, forthcoming). Robyn is currently writing a book for Hart Publishing with co-author Professor Prue Vines (UNSW) on The Role of Apologies in the Law. Robyn has published many articles and book chapters on contract law remedies, the role of apologies in the resolution of legal disputes and mediation and presented her work at judicial, practitioner and academic workshops and conferences. Inquiries from potential higher degree students are welcome on these and related topics. Robyn is also an accredited mediator and a senior sessional member of the Western Australian State Administrative Tribunal with expertise in guardianship and administration and equal opportunity matters.
Key research
Contract Law, Civil Remedies, Apologies, Family Law, Dispute Resolution and Mediation, Elder Law.
Publications
Selected publications:

Carroll and Berryman, ‘Making Amends by Apologising for Defamatory Publications: Developments in the 21st Century’ in Barker, Fairweather and Grantham (eds) Private Law in the 21st Century (2017) Hart Publishing, Oxford) 479-499.

Allan and Carroll, ‘Apologies in a Legal Setting: Insights from Research into Injured Parties’ Experiences of Apologies’, (2016) Psychiatry, Psychology and the Law, 1 – 23 (40%).
http://dx.doi.org/10.1080/13218719.2016.1196511

Carroll, To and Unger, ‘Apology Legislation and its Implications for International Dispute Resolution Practitioners’, (2015) 9 Dispute Resolution International 115 – 138.

'Family Law, Involuntarily Separated Couples and their Property’ (2015) 33 Law in Context 87 - 122.

Berryman and Carroll, “Coercive Relief – Reflections on Supervision and Enforcement Constraints” (2014) UWAL Review 123.

'When “Sorry” is the Hardest Word to Say, How Might Apology Legislation Assist?' (2014) 44(2) Hong Kong Law Journal 491.

'Apologies as a Legal Remedy’ (2013) 35 Sydney Law Review 317.

‘Agreements to Specifically Perform Contractual Agreements’ (2012) 29 Journal of Contract Law 155.

Carroll and Smith, ‘Mediation in Guardianship Proceedings for the Elderly: An Australian Perspective,’ (2010) Windsor Yearbook of Access to Justice 53.

Carroll and Witzleb, ‘It’s Not Just About The Money – Enhancing the Vindicatory Effect of Private Law Remedies’, (2011) 37 MonULR 216.

Witzleb and Carroll, ‘The Role of Vindication in Torts Damages’ (2009) 17 Tort Law Review 16 - 44.

'Beyond Compensation: Apology as a Private Law Remedy' in Berryman and Bigwood (eds) The Law of Remedies: New Directions in the Common Law, (Toronto: Irwin Law, 2010).

‘You can’t order sorriness, so is there any value in an ordered apology? An analysis of apology orders in anti-discrimination cases’, (2010) 32 UNSWLJ 360.

'Appointing Decision Makers for Incapable Persons – What Scope for Mediation’ (2007) 17 Journal of Judicial Administration 75-92.

R Carroll, (ed) Civil Remedies: Issues and Developments. The Centre for Commercial and Resources Law and the Federation Press, (1996).
Roles, responsibilities and expertise
Elected Member of UWA Academic Board and Academic Council, Deputy Chair of Academic Board, Co-founder International Network for Law and Apology Research (INLAR), Accredited Mediator (Resolution Institute - previously LEADR-IAMA),
Future research
Private Law Remedies; Apologies; Law and Mediation; Elder Mediation; Guardianship and Administration; Family Law and Adults with Decision Making Disabilities.
Funding received
WA Public Purposes Trust Fund ‘Family Violence and Property Disputes: A pilot research project’ - Law Access Research Advisory Committee and UWA Law School research team, Jill Howieson CI, Robyn Carroll, Sarah Murray, Ian Murray; Lisa Young, Murdoch University.

Hong Kong Ministry of Justice Research Contract – Legal Issues relating to the Introduction of Apology Legislation in Hong Kong.

Institute of Advanced Studies (UWA) Grant for Elder Law Forum, UWA, February 2013. “Health Wealth and Hearth: Law, Policy and Social Perspectives on an Ageing Australia” Meredith Blake, Robyn Carroll, Eileen Webb.
Industrial relevance
Non-pecuniary remedies and dispute resolution of private law disputes and complaints;
Family dispute resolution.
Languages
English
Memberships
Resolution Institute
Graduate Women (WA) Association
International Network for Law and Apology Research (INLAR)
Australian Research Network on Law and Ageing (ARNLA)
Honours and awards
1984-1985 Postgraduate Commonwealth Scholarship
Previous positions
Associate Dean of Law (Students) (1996-1998)
Teaching
Contract Law, Family Law, Remedies.
Current external positions
Senior Sessional Member, State Administrative Tribunal of Western Australia.
New and noteworthy
Forthcoming publications:
Carroll, Allan and Halsmith, ‘Apologies, Mediation, and the Law: Resolution of Civil Disputes,’ Onati Socio-Legal Studies Special Issue, The Place of Apology in Law, (2017)

2016 Presentations:
‘Apologies and Corrections as Remedial Responses to Breach of Privacy’, International Workshop on Remedies for Breach of Privacy, Melbourne University Law School, 12-13 December 2016.

‘Corrections as a Remedy in Australian Law’, University of Melbourne Law Obligations Group Conference on Remedies, 8 December 2016.

‘Apologies, Mediation and the Law’, Resolution Institute AGM, Perth, 16 November 2016.

Kopsen and Carroll ‘Consequences of Non-Disclosure in Family Law Financial Proceedings’, Family law Practitioners Association, 30 August 2016.

‘Developments in Australian Family Law and Property Orders for Couples in De Facto (Marriage) Relationships’, Faculty of Law Seminar, VU Amsterdam, The Netherlands, 14 July 2016.

‘The Role of Apologies in the Law,’ Faculty of Law, University of Windsor, Canada, 20 April 2016; Obligations Discussion Group Seminar, Oxford, England, 20 May 2016.

Carroll, Allan and Halsmith, ‘Apologies, Mediation, and the Law: Resolution of Civil Disputes,’ International Institute of Sociology and Law Workshop on the Place of Apology in the Law, Onati Spain 5-6 May 2016.

‘Meeting the Potential of Alternative Remedies in Australian Defamation Law’ ANU Inaugural Law Reform Conference, Canberra, April 2016.
Current projects
The Role of Apologies in the Law, preparation of manuscript of a co-authored monograph for Hart Publishing.

Special Editor for the Onati Socio-Legal Studies Journal Issue on 'The Place of Apology in the Law', International Institute for the Sociology of Law, Onati, Spain 5-6 May 2016.

Submissions to the ALRC on Elder Abuse and Qld Elder Mediation Project on Elder Mediation.


Research profile
Research profile and publications
 

Ms Penny Carruthers

Deputy Head of School (L&T)
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 3436
Fax
+61 8 6488 1045
Email
penny.carruthers@uwa.edu.au
Location
Room 2.05, Law Building, Perth campus
Qualifications
BA LLB BJuris LLM W.Aust.
Biography
Penny Carruthers is a Lecturer and Deputy Head of Law School, Learning and Teaching.
Office: Old Econs and Commerce Building, G74.
Key research
Penny's research interests lie in the areas of Property, Land Law, Equity, Trusts and Legal Education.
Publications
Scholarly Books
Carruthers, P, Mascher, S and Skead N, (eds) Property and Sustainability: Selected Essays 2011,Thomsons.

Scholarly Book Chapters
Carruthers, P and Mascher, S ‘The Story Of Water Management in Australia: Balancing Public and Private Property Rights To Achieve a Sustainable Future’ in Property and Sustainability: Selected Essays 2011, Thomsons. This was also published as an article in the 2011 Property Law Review.
Carruthers, P, Mascher, S and Skead N, ‘Property and Sustainability in Context’ in Property and Sustainability: Selected Essays 2011, Thomsons.

Full Refereed Journal Articles
Skead N, Atkins T, Carruthers P, ‘Analysing Mortgagor Protections in Equity and Under Statute: A Torrens Perspective’ (2016) Journal of Equity (forthcoming)
Carruthers P, Skead N, ‘Rights to Renew and to Purchase in Registered Leases: Part I - A Case of Bad Timing for Rights to Renew’ submitted to (2016) APLJ
Skead N, Carruthers P, ‘Rights to Renew and to Purchase in Registered Leases: Part II – A Real or Imagined Distinction?’ submitted to (2016) APLJ
Carruthers, P.J., Skead, N, 'Confirming Torrens orthodoxy: the High Court decision in Cassegrain v Gerard Cassegrain & Co Pty Ltd' 24 (2015) APLJ, 211-234.
Carruthers, P.J, 'A Tangled Webb Indeed: the English Land Registration Act and Comparisons with the Australian Torrens System', (2015) 38, 4, UNSW Law Journal 1261-1299
Carruthers, P.J., Skead, N, 'Exploring the fundamentals: Indefeasibility, in personam, proprietary estoppel and Van Dyke v Sidhu', 22 (2014) APLJ 187-210.
Skead, N, Carruthers, P 'Fraud against the registrar – An unnecessary, unhelpful and, perhaps, no longer relevant complication in the law on fraud under the Torrens system', 40, 3 (2014) Monash University Law Review 821-852.
Skead N, Murray S, Carruthers P, ‘Taking up the challenge: embedding, mapping and maintaining threshold learning outcomes in the transition to the JD – the UWA experience’ (2013) The Law Teacher, 47:2, 130-158.
Carruthers P and Skead N, ‘Property law teachers: Gatekeepers to a broader legal understanding through the rich tapestry of property law’ 6 (2013) Journal of the Australasian Law Teachers Association 167.
Carruthers P, ‘Indefeasibility, compensation and Anshun estoppel in the Torrens system: The Solak series of cases’ 20 (2012) APLJ 1.
Carruthers P, Skead N, and Galloway K, ‘Teaching property law in Australia in the twenty-first century: What we do now, what should we do in the future?’ (2012) 21 APLJ 57.
Galloway K, Skead N and Carruthers P, ‘Assessment in the Law School: Contemporary Approaches of Australian Property Law Teachers’, 5 (2012) Journal of the Australasian Law Teachers Association 1.
Carruthers P, Skead N, and Galloway K, ‘Teaching skills and outcomes in Australian Property Law units: A survey of current approaches’, (2012) QUT Law and Justice Journal, 66.
Arrieta Sevilla, L J, Carruthers, P and Skead N K ‘Protección tabular de los datos descriptivos de las fincas en Australia’ (2011) 723 Revista Critica de Derecho Immobiliaro 399-429
Carruthers P and Skead N, ‘150 years on: The Torrens compensation provisions in the ‘last resort’ jurisdictions’ (2011) 19 APLJ 1
Skead, N. K. and Carruthers, P. ‘The Registrar’s powers of correction: ‘Alive and well’, though perhaps ‘unwelcome’? PART I: The Slip Provision’ (2010) 18 (1) APLJ 32-47.
Carruthers, P and Skead, N. K ‘The Registrar’s powers of correction: ‘Alive and well’, though perhaps ‘unwelcome’? PART II: The Substantive Provision’ (2010) 18 (2) APLJ 132-149.
Carruthers, P and Skead, N. K. ‘The Prior Certificate of Title and Wrong Description of Land Exceptions to Indefeasibility: Resolving the Overlap’ (2009) APLJ 240.

Full-refereed Conference Papers
Carruthers, P ‘Taming the unruly in personam exception: An examination of the limits of the in personam exception to indefeasibility of title.’ Australasian Law Teachers Association Conference, September 2007.
Teaching
Penny teaches Property and Land Law. Penny is the unit coordinator of the Law School's Internship programme.
Research profile
Research profile and publications
 

Professor John Chandler

Professor
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 1907
Fax
+61 8 6488 1045
Email
john.chandler@uwa.edu.au
Qualifications
LLB S'ton
Research profile
Research profile and publications
 

Mr Wygene Chong

Research Assistant to the Dean
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 2945
Email
wygene.chong@uwa.edu.au
Biography
Wygene is a research assistant at the UWA Law School, where he completed a Juris Doctor in November 2017. He previously graduated from the University with a Bachelor of Commerce in Business Law, including a semester in international law at the University of Oslo, Norway, and holds a Diplôme d'études en langue française from the Ministry of National Education, France. Wygene specialises primarily in Polar Law and provides research and administrative assistance to the Dean and staff of the Law School on an ad-hoc basis. He is also the private Research Assistant to the Hon Robert French AC, Chancellor of the University and former Chief Justice of the High Court of Australia.
Key research
Polar Law
Public International Law
Comparative Law
Publications
Books/Extended Research
Blakeney, Michael and Wygene Chong (eds), University of Western Australia Law Review (University of Western Australia, vol 43(1), 2018) (70th Anniversary Issue) (forthcoming).
Techera, Erika, Wygene Chong and Kim Friedman, Law, Policy and Governance of Mangroves in Small Island Developing States (Food and Agriculture Organisation, 2018) (forthcoming).

Scholarly Articles
Chong, Wygene, 'International Trade, Polar Environments and Sustainable Development' (2018) (Under Review)
Chong, Wygene, 'Innocence, Prosecutors and the Role of Society' (2018) (Under Review)
Chong, Wygene, 'An Arctic Treaty: A Fresh Exploration' (2017) (Under Review)
Chong, Wygene, 'Harmonisation in Comparative Law: Lessons in Diplomatic Immunities' (2017) 2 Perth International Law Journal (forthcoming)
Chong, Wygene, 'Fragile Barriers: International Humanitarian Law in the Polar Regions' (2017) 42(2) University of Western Australia Law Review 111.
Chong, Wygene, 'Thawing the Ice: A Contemporary Solution to Antarctic Sovereignty' (2017) 53(4) Polar Record 436.
Chong, Wygene, 'Arbitrating in Harmony: The Effect of the Model Law on the Choice of Seat of Arbitration' (2016) 1 Perth International Law Journal 82.

Blog Articles
Chong, Wygene, '2017 Nobel Peace Prize: Prohibition or Non-Prohibition for Nuclear Weapons?' (2017) JusT Cogens (https://justcogens.org/2017/10/15/2017-nobel-peace-prize-prohibition-or-non-proliferation-for-nuclear-weapons/).
Chong, Wygene, 'In the sledge tracks of Amundsen' (2016) JusT Cogens (https://justcogens.org/2016/10/09/in-the-sledge-tracks-of-amundsen/).
Chong, Wygene, 'The EU in a nutshell for law students' (2016) JusT Cogens (https://justcogens.org/2016/06/19/the-eu-in-a-nutshell-for-law-students).
Chong, Wygene, 'Svalbard: Where everyone, including polar bears, roams free' (2016) JusT Cogens (https://justcogens.org/2016/03/20/svalbard-where-everyone-including-polar-bears-roams-free).
Roles, responsibilities and expertise
Research Assistant to the Chancellor
Research Assistant to the Dean of Law
Languages
French (working proficiency)
Italian (limited working proficiency)
Norwegian (limited working proficiency)
Hokkien (simple)
Icelandic (basic)
Farsi (basic)
Previous positions
Administrative Assistant, UWA Law School
Research Assistant, UWA Law School
Co-coordinator, Sino-Australian Law Deans Conference, Council of Australian Law Deans
A/Executive Assistant, UWA Oceans Institute
Co-editor, JusT Cogens, Blog of the UWA International Law Club
Member, Editorial Board, UWA Law Review
Current external positions
Associate, Future Directions International
Current projects
The Central Arctic Ocean Treaty and its Implications for Cooperative International Arctic Governance
Research profile
Research profile and publications
 

Cassandra Chu-Yu-Chee

Casual Teaching
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Email
cassie.chu-yu-chee@uwa.edu.au
Research profile
Research profile and publications
 

Dr Joseph Clare

Senior Lecturer
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 7956
Fax
+61 8 6488 7918
Email
joe.clare@uwa.edu.au
Location
Room 2.86A, Economics and Commerce Building, Crawley campus
Research profile
Research profile and publications
 
Jared Clements

Mr Jared Clements

Lecturer
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 7159
Email
jared.clements@uwa.edu.au
Location
Room 284, Level 2, Old Commerce and Economics Building, Crawley campus
Biography
Jared is an Associate Director in the Centre for Mining, Energy and Natural Resources Law at the University of Western Australia. He holds a Bachelor of Laws with First Class Honours, a Bachelor of Commerce majoring in Accounting and a Graduate Diploma of Legal Practice. Jared is currently completing a Doctor of Philosophy in taxation law at the University of Western Australia.

Prior to joining the Law School, Jared practised as a corporate lawyer at Allens Linklaters, Ashurst and PricewaterhouseCoopers. His experience includes advising clients on share and business acquisitions, asset sales, mining transactions, joint ventures, and corporate restructures. Jared also has expertise commercial litigation and corporate insolvencies.
Key research
Taxation Law
Mining and Energy Law
Publications
Chandler J and Clements J, “Corporate Governance for Australian Energy and Resources Companies” (2016) 34 Company and Securities Law Journal 171

Clements J, “The stamp duty consequences of farm-in arrangements in Western Australia” (2016) 19(5) Tax Specialist 200

Clements J, “Case Note - Bell Group NV (In Liq) v Western Australia (2016) 90 ALJR 655; [2016] HCA 21” (2016) 45 Australian Tax Review 292

Clements J, and Plint M, “Tracking down stamp duty avoidance – do Western Australia’s general anti-avoidance rules capture tracking notes?” (2015) 44 Australian Tax Review 167

Clements J, “Stamp duty consequences of infrastructure and development agreements” (2015) 49(11) Taxation in Australia 688

Chandler J, Clements J, Gordon B, and others, 2015 Survey Report on Corporate Governance for Energy and Resources Companies (August 2015)

Chandler J, Gardner A, Webster A, Bartlett R, Fardin G, and Clements J, Shale and Tight Gas Regulation Review for National Centre for Groundwater Research and Training, Office of Water Science, Department of Environment, 30 October 2015

Clements, J, and Plint, M, “Sword of Damocles or irrelevant feather? Reflecting on Western Australia's stamp duty general anti-avoidance rules” paper written and presented at the Tax Institute of Australia on 18 March 2014

Clements, J, Murray, I and Hertzman L, “Rethinking ‘land’ after TEC Desert – stamp duty and other implications for Australian asset and share sales” (2011) 2 Tax Planning International: Indirect Taxes 1

Clements, J, Murray, I and Hertzman L, “Tax Timing and Assets - Acquisitions, Disposals and Other Events” (2011) paper written for the Tax Institute of Australia Corporate Tax Conference on 30 September 2011

Clements J, Murray I, Dyson T, “Living in an MRRT and expanded PRRT world – A practical focus on what industry participants need to know about the MRRT and expanded PRRT” paper written for the Legalwise Mining and Resources Law Conference on 17 March 2011

Clements, J, “Section 116 of the Constitution and the jurisprudential pillars of neutrality and action-belief dichotomy” (2008) 11 International Trade and Business Law Review 23
Funding received
• $69,750 – Funding from National Centre for Groundwater Research and Training, Office of Water Science, Department of Environment for Shale and Tight Gas Regulation Review together with Chandler J, Gardner A, Webster A, Bartlett R and Fardin G, 2015

• $3,100 – Seeding Funding Grant, Faculty of Law, University of Western Australia for research on the Deductibility of Petroleum Exploration Expenditure for PRRT and Income Tax Purposes, 2015
Honours and awards
• Nominated for Excellence in Teaching and Learning Award in 2016

• Vice Chancellor’s Commendation for Academic Excellence in 2007 for ranking in the top 2% of students

• Equity Scholarship for 2007

• University Guild Scholarship for 2006

• Vice Chancellor’s Commendation for Academic Excellence in 2005 for ranking in the top 2% of students

• Equity Scholarship for 2005
Previous positions
• Associate Lecturer, Curtin Law School, Curtin University

• Senior Associate / Senior Manager, PricewaterhouseCoopers Legal

• Lawyer, Ashurst

• Lawyer, Allens Arthur Robinson
Teaching
•Mining and Energy Law (LLB, JD and LLM)

•Resource Taxation (LLM and M.Tax)

•Taxation Law (B.Com)

•Income Taxation Law (LLB and JD)
Current external positions
• Board Member and Treasurer, Street Law Centre WA Inc

• State Committee Member, Australian Mining and Petroleum Law Association

• Barrister and Solicitor, Supreme Court of Western Australia and High Court of Australia
Research profile
Research profile and publications
 

Caroline Coombs

Postgraduate Student (PhD)
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 1811
Fax
+61 8 6488 1045
Email
ccoombs@biz.uwa.edu.au
 
Dominic Dagbanja

Dr Dominic Dagbanja

Lecturer
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 5086
Email
dominic.dagbanja@uwa.edu.au
Qualifications
BA(Hons) LLB(Hons) Ghana, BL Ghana LawSch, LLM Pacific, LLM G.Wash., PhD Auck.
Biography
Dr Dominic Dagbanja joined the School of Law in August 2016. He has been a Research Associate at The University of Manchester School of Law in the United Kingdom working on the European Research Council grant’s research on the Sociology of Transnational Constitutional Law; Lecturer in Law at Ghana Institute of Management and Public Administration in Accra, Ghana; and Graduate Teaching Assistant at The University of Auckland Law School in New Zealand. He previously worked and practised law at Bentsil-Enchill, Letsa & Ankomah, Ministry of Justice & Attorney-General’s Department and Public Procurement Authority in Ghana. He was a Legal Assistant in the law firm of Gustavo Matheus, Esq. LLC in Maryland, Research Assistant at American Bar Association Section of Public Contract Law and Senior Intern at International Law Institute in Washington DC. His first teaching appointment was in 2001 at University of Ghana where he did his National Service as a Teaching Assistant in the Department of Sociology. There he handled tutorial classes in Theories of Social Development and the Context of Development and Underdevelopment for final year students
Key research
Dr Dagbanja researches into International Investment Law and Arbitration, Public Procurement Law, International Trade Law, International Business Transactions and Commercial Law, Company Law and Contract Law. His particular interests are in the implications of treaty-based investment and trade regimes for public interest regulatory autonomy and the role of national constitutions and general international law in the execution, interpretation and enforcement of these legal regimes. More specifically, His research explores the implications of the investment treaty regime for domestic regulatory autonomy in the areas of human rights and environmental protection and the development policymaking and implementation. Dominic seeks to theorise around the subject of the limitations that the primary right and duty of states to regulate in the public interest (to protect environment and human rights and, initiate and implement development policies) must or should place on the competence of states to conclude investment treaties the terms of which tend to restrict such public interest regulation.
Dr Dagbanja's PhD thesis, The Investment Treaty Regime and Public Interest Regulation in Ghana: Perspectives in Constitutionalism and General International Law, explored the role of national constitutions in the execution and interpretation of international investment treaties. International investment treaties have posed a challenge to the autonomy of states to regulate in the public interest in ways states did not anticipate when they signed them. This is evidenced by public interest regulatory measures that foreign investors have challenged in investor-state arbitration based on these treaties. Many of the measures that are the subject of investor-state suits are of the kind required by national constitutions, international environmental treaties and international human rights treaties states are parties to. Mainstream scholarship critical of the scope and effect of investment treaties has taken the legal status of these investment treaties for granted. Yet, this issue is of fundamental importance for at least two reasons. First, the case for states’ regulatory autonomy arises out of their primary duty to regulate in the public interest. This duty has its legal justification in national constitutions and international law. Second, treaty obligations are founded on the existence of legal norms necessary for the treaty to come into existence and which define the juridical consequences attached to the conclusion of the treaty. These matters are also determined by national constitutions and international law. To fill this lacuna in international investment law literature, Dominic’s thesis explored the investment treaty terms Ghana can or cannot agree to in light of its constitutional and general international law obligations on environmental protection, development policy and judicial independence. The thesis developed The Imperatives Theory by which it argues that the legal source and public purpose of the powers of the State of Ghana under the Constitution and general international law limits its competence to conclude agreements that directly prohibit public interest regulation or indirectly achieve that effect. The thesis provides a legal and normative basis for reflection on the limits to the capacity of states like Ghana to conclude investment treaties and on how they should be interpreted and enforced.
Publications
Journal Article:
•DN Dagbanja, ‘Constitutionalism and Local Remedies Rule as Limitations on Investor-State Arbitration: Perspectives from Ghana’ (2017) 17(1) Oxford University Commonwealth Law Journal 1 http://www.tandfonline.com/eprint/naCKITGgZh4cDDxG4fVA/full
•DN Dagbanja, ‘The Limitations Environmental Protection Duty Places on Investment Treaty Making and Interpretation: Perspectives from Ghana’ 21(2015) African Yearbook of International Law (2017, forthcoming)
•DN Dagbanja, ‘The Investment Treaty Regime and Development Policy Space in Ghana: Analysis in Constitutionalism and General International Law’ in Andrea K Bjorklund (ed), Yearbook on International Investment Law and Policy: 2014-2015 (Oxford University Press, 2016) 405
•DN Dagbanja, ‘The Conflict of Legal Norms and Interests in International Investment Law: Towards The Constitutional-General International Law Imperatives Theory’ (2016) 6(3) Transnational Legal Theory 518, http://www.tandfonline.com/eprint/XVqQ9kpSj5AyJSy4xDKP/full
•DN Dagbanja, ‘The Investment Treaty Regime and Environmental Protection in Ghana: A Constitutional and General International Law Perspective on How to Retain Environmental Regulatory Autonomy,’ (2015) 12(2) Manchester Journal of International Economic Law 287
•DN Dagbanja, ‘The Limitation on Sovereign Regulatory Autonomy and Internationalisation of Investment Protection by Treaty: An African Perspective’ (2015) 60(1) Journal of African Law 1, shortlisted for Legal Research Foundation Inc Unpublished Post‐Graduate Paper Award 2013
•DN Dagbanja, ‘The Changing Pattern and Future of Foreign Investment Law and Policy in Ghana: The Role of International Investment Treaties’ (2014) (19) African Yearbook of International Law 83
•DN Dagbanja, ‘The Changing Pattern and Future of Foreign Investment Law and Policy in Ghana: The Role of Investment Promotion and Protection Agreements’ (2014) 7 African Journal of Legal Studies 253
•DN Dagbanja, ‘Privacy in Context: The Right to Privacy and Freedom and Independence of the Media under the Constitution of Ghana’ (2014) 22(1) African Journal of International and Comparative Law 40
•DN Dagbanja, ‘Promoting a Competitive Local Business Community in Ghana: The Role of the Legal Framework for Public Procurement’ (2014) 58(2) Journal of African Law 350
•DN Dagbanja ‘Human Rights, Mineral Rights and Corporate Social Responsibility in Ghana: Legal and Policy Analyses’ (2012) 13 Ghana Mining Journal 67
•DN Dagbanja, ‘The Institutional and Legal Framework for Public Procurement in Ghana: An Evaluative Study’ (2011) 7(2) GIMPA Journal of Leadership, Management and Administration 215
•DN Dagbanja, ‘The Role and Future of Customary Tort Law in Ghana: A Cross-Cultural Perspective’ (2009) 26 Arizona Journal of International & Comparative Law 303 (with Julie Davies)
•DN Dagbanja ‘The Nature and Scope of Contractor Qualification Systems: A Cross-Jurisprudential Inquiry’ (2009) 7 Journal of Contract Management 65

PhD Thesis:
DN Dagbanja, The Investment Treaty Regime and Public Interest Regulation in Ghana: Perspectives in Constitutionalism and General International Law (The University of Auckland, ResearcSpace@Auckland, 2016)


Authored Book:
•DN Dagbanja, The Law of Public Procurement in Ghana: Law, Policy and Practice (Saarbrücken: Lap Lambert Academic Publishing AG & Co Kg, 2011)

Book Contribution:
•DN Dagbanja, ‘The Right to Privacy and Legal Principles of Personal Data Protection in Ghana’ in Alex Makulilo (ed), African Data Privacy Laws (Springer International Publishing AG, 2016, forthcoming)
•DN Dagbanja, ‘Customary Tort Law in Sub-Saharan Africa’ in Mauro Bussani and Anthony Sebok (eds), Comparative Tort Law: Global Perspectives ( Edward Elgar Publishing, 2015) 412
•DN Dagbanja, ‘The Regulatory Framework for Public Procurement in Ghana’ in G Quinot and S Arrowsmtih (eds), Public Procurement Regulation in Africa (Cambridge University Press, 2013) 77
•DN Dagbanja, ‘Risk Allocation and Mitigation Mechanisms in the Formation and Administration of Construction Contracts: A Comparative Analysis’ in Proceedings of the 2009 National Housing Conference (Centre for Scientific and Industrial Research, Accra, 2009) 151

Working Paper:
•DN Dagbanja, ‘Why Do International Investment Treaty Standards Limit the Duty to Protect Human Rights? A Historical and Interpretive Analysis’ (New Zealand Centre for Human Rights Law Policy and Practice Working Papers No 11, 2 April 2013)


Online & National News Paper:
•DN Dagbanja, ‘An Exposition of the Law on Suspension of Procurement Proceedings and Performance of Procurement Contracts in Ghana’ Ghana Internet Law Review 2012/1
•DN Dagbanja, Development and Development Policymaking and International Investment Treaties in Ghana The Ghanaian Times (21 February 2013) 9
•DN Dagbanja, ‘Is the National Identification Authority Operational?’ The Ghanaian Times (27 May 2011) 9
Roles, responsibilities and expertise
•Dr Dagbanja currently teaches Company Law and co-supervising a PhD on the constitution and investment protection by treaty in Australia.
•PhD in Law (International Investment Law)
•LLM in Government Procurement Law
•LLM in Transnational Business Practice
•Qualifying Certificate and Certificate of Enrolment on the Roll of Lawyers in the Republic of Ghana
•Bachelor of Laws
•BA in Sociology with Linguistics
Future research
The Law of Public Procurement in Ghana
Funding received
•Researcher on European Research Council (Advanced Grant 323656–STC) project on Sociology of the Transnational Constitution, The University of Manchester School of Law, February-July 2016, £10,000.
•City University Law School, London, travel fund for presentation at its conference on Dominion Status at the Twilight of the British Empire: Examining National Liberation Movements & Dominion Constitutionalism, 10 July 2016, £441.
•The University of Auckland Doctoral Scholar, 2011-2015, The Investment Treaty Regime and Public Interest Regulation in Ghana: Perspectives in Constitutionalism and General International Law, NZ$87,500
•African Association of International Law travel fund for research presentation on The Implications of Investment Treaties for Environmental Protection in Ghana: Reconciling Standards of Investment Protection with Environmental Protection Duty at the Association’s conference in Gabon, August 2015, €4,353.04; and The University of Auckland PReSS Account, NZ$2000.
•Postgraduate Students Association Inc Travel Grant to speak on Development, Development Policymaking and International Investment Treaties at American Society of International Law International Economic Law Interest Group Biennial Conference in Washington DC, 29 November-1 December 2012, NZ$500
•The University of Auckland Faculty of Law Research Fund to speak on Development, Development Policymaking and International Investment Treaties at American Society of International Law International Economic Law Interest Group Biennial Conference in Washington DC, 29 November-1 December 2012, NZ$2,02.38
•The University of Auckland PReSS Account fund to travel to Ghana to gather data for PhD research, December 2012, NZ$1,200
Industrial relevance
Dr Dagbanja practised law in both the public and private sectors in Ghana. He was an Associate in the law firm of Bentsi-Enchill, Letsa & Ankomah and Assistant State Attorney in the Ministry of Justice and Attorney-General’s Department of Ghana. He also worked as a Senior Legal Officer at the Public Procurement Authority of Ghana.
Languages
•Likpakpaaln
•Bassari
•English
Memberships
•The American Society of International Law
•British Institute of International and Comparative Law
•Ghana Bar Association
•African Association of International Law
Honours and awards
•The University of Auckland Doctoral Scholarship
•Thomas Buergenthal Scholarship, The George Washington University Law School
•University of the Pacific, McGeorge School of Law Fellowship Award
•University of the Pacific, McGeorge School of Law Scholarship
•University of Ghana Faculty of Law Environmental Law Best Student Award
•University of Ghana Akuafo Hall Award for Best Graduating (First Class Honours) Students
•Saint Charles Senior Secondary School Award for placing 2nd in a class of 42

Previous positions
•Research Associate, The University of Manchester, United Kingdom
•Lecturer in Law, Ghana Institute of Management and Public Administration, Accra, Ghana
•Graduate Teaching Assistant, The University of Auckland, New Zealand
Teaching
•LAWS2301: Company Law
Useful links
PhD Thesis: https://researchspace.auckland.ac.nz/bitstream/handle/2292/28285/whole.pdf?sequence=2
Research profile
Research profile and publications
 
Jacinta Dharmananda

Asst/Prof Jacinta Dharmananda

Assistant Professor
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 3955
Fax
+61 8 6488 1045
Email
jacinta.dharmananda@uwa.edu.au
Qualifications
LLB BJuris W.Aust.
Biography
Current: PhD Candidate, College of Law, ANU.


Bachelor of Jurisprudence (Hons) UWA
Bachelor of Laws (UWA)
GCERT (Arts) UWA
Admitted in WA, Victoria and New York State.

Jacinta joined the UWA Law Faculty in 2011. Jacinta teaches statutory interpretation, the legislative process and legal ethics. She is also a PhD candidate with the College of Law at the Australian National University. Her topic is about the relationship between the legislative process and statutory interpretation. In 2017, Jacinta was awarded a Parliamentary Library Summer Research Scholarship to undertake research on the parliamentary process at the Australian Parliamentary Library in Canberra.

Prior to joining the Law School, Jacinta worked as a lawyer in private practice and in-house positions in the areas of oil and gas, finance and corporate/commercial for more than 12 years. She worked both in Australia and overseas including Singapore, Japan and the United States.

Key research
Statutory interpretation
Legislative process
Publications
PUBLICATIONS

Jacinta Dharmananda, “The ‘Always Speaking’ Principle: Not Always Needed?” (2017) 28 Public Law Review 199

"Teaching Statutory Interpretation in Australia: What's Next?" (2016) Statute Law Review; Advanced Access published June 22, 2016 doi:10.1093/slr/hmw030 (co-authored with Patricia Lane)

"A Duty to Google? Ethical Issues arising from Emerging Technology" (2016) 43(3) Brief Magazine (WA Law Society) 16

"Interpreting statutes and contracts: A distinction without a difference?' (2015) 89 Australian Law Journal 580 (co-authored with Leon Firios)

Jeffrey Barnes (La Trobe),Jacinta Dharmananda (UWA), Jeffrey Goldsworthy (Monash) and
Alex Steel (UNSW) 'The Council of Australian Law Deans (CALD) Good Practice Guide to Teaching Statutory Interpretation' (2015)
http://www.cald.asn.au/resources

"Outside the Text: Inside the Use of Extrinsic Materials in Statutory Interpretation' (2014) 42 Federal Law Review 333

"The Commonwealth strikes back: Clarifying amendments to the Acts Interpretation Act 1901 (Cth)" (2011) 35 Australian Bar Review 116.

CONFERENCES/SEMINARS

Parliament of Western Australia, Legislative Council, Seminar for Members and Staff, “Statutory Interpretation for Statute Makers: Core Principles and Tools” - 1st November 2017

Participant (by invitation only) in Symposium - "Teaching Legislation: Theory and Practice", La Trobe Centre for Legislation, Its Interpretation and Drafting, La Trobe School of Law, Melbourne - 26 October 2017

Parliament of Western Australia, Legislative Assembly, Seminar for Members and Staff, “Interpreting the law – an Introduction for Non-lawyers” - 14th September 2017

Society of Legal Scholars Annual Conference, Oxford University, UK - “What can Judges learn from the legislative process about using extrinsic materials when construing statutes?” – 8th September 2016

The Australia-New Zealand Scutiny of Legislation Conference: Parliamentary Scrutiny, Parliamentary Sovereignty - Presentation - "How Far Can Hansard Help? The Use of Parliamentary Material in Fixing Ambiguity" - 14th July 2016

Community Legal Centres Association, Perth, "Ethical issues arising from emerging Technology” - 17th June 2016

Parliament of Western Australia, Presentation to Members, “Statutory Interpretation for Statute Makers: Core Principles and Tools” - 16 March 2016

WA Law Society Law Summer School, Annual Conference, Plenary Session Paper - 26 February 2016 - "A Duty to Google? Ethical Issues arising from Emerging Technology"

Australasian Law Teachers Association(ALTA) Annual Conference 2015, Melbourne - 18 July 2015 - Chair of Parallel Session 5A: "Teaching Statutory Interpretation"

Western Australian Bar Association Autumn Festival of CPD - 16 March 2015 - Presentation - "Statutory Interpretation"

WA Law Society and UWA Law School Joint Series - The Academic and the Practitioner Conversation - 5th November 2014 - "Interpretation of Statutes and Contracts" (jointly with Barrister Michael Feutrill)

Legislative Council Committee Office - Legislative Scrutiny Workshop and Live Webcast - Paper - 17 October 2014 - "Recent Developments in Statutory Interpretation"

WA Supreme Court Lunch Time Series - Presentation - 3 September 2014 - "Implications to Fix Drafting Errors in Statutes: Explications of Taylor v The Owners – Strata Plan No 11564"

Australasian Drafting Conference - 1 August 2014 – Paper: "Is a 'cat' a 'dog'? Notes on Implying words into Statutes and other Recent Developments in Statutory Interpretation."

Legalwise CPD Seminar – 12 June 2014 – Paper: “Common Conundrums with Statutes”

WA Law Society Law Summer School, Annual Conference – 21 February 2014 – Plenary Session Paper on Interpretation: Byrnes v Kendle – “Statutory Interpretation: The Same but Different”

State Solicitor’s Office CPD Programme for Government Lawyers – March 2013 – Presentation: “The Interpretation of Subsidiary Legislation”

WA Constitutional Centre Twilight Seminar - May 2012 – Presentation: “Recent Amendments to the Acts Interpretation Act”
Roles, responsibilities and expertise
Not teaching in 2017-on leave for research.

Teaching
Legislation in Practice - Unit Coordinator, lecturer and tutor
Legal Theory and Ethics - lecturer

Funding received
2017 Honorarium for successful completion of 2017 Parliamentary Library Summer Research Scholarship

2016 Law School Research Grant (Conference/travel) as contribution towards attendance at the Society of Legal Scholars Annual Conference in the UK, September 2016 (Theme: Legislation and the Judiciary)

2013 Recipient of UWA Improving Student Learning Grant: ‘The Making of Legislation: An Inside View for Students’ Interview Series
Languages
Japanese
Memberships
WA Law Society
Statute Law Society
Australasian Study of Parliament Group
Honours and awards
Recipient of 2017 Parliamentary Library Summer Research Scholarship to undertake research at the Australian Parliamentary Library in Canberra.
http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/APF/Recipients

Nominated for Excellence in Teaching and Learning Award 2016 (combined Faculties of Law and Education)

Recipient of Excellence in Teaching Award 2015 (combined Faculties of Law and Education)

Nominated for Excellence in Teaching and Learning Award 2014(combined Faculties of Law and Education)
Previous positions
Corporate Associate, Milbank Tweed Hadley & McCloy (US law firm), Tokyo office and Singapore office.
Corporate Associate, Covington & Burling (US law firm), New York City.
Senior Counsel, BHP Billiton (Petroleum Division), Melbourne.
Legal Counsel, Mitsubishi Oil (Overseas Projects Division), Tokyo, Japan.
Solicitor and then Senior Associate, Freehill Hollingdale & Page, Perth.
Teaching
Not teaching in 2017 - on leave for research

Legislation in Practice (law making process, statutory interpretation)
Legal Theory and Ethics (legal ethics component)
Current external positions
Member of Advisory Board, LaTrobe Centre for Legislation, Its Interpretation and Drafting - March 2016 to present
http://www.latrobe.edu.au/law/research/cfl/about-the-centre/advisory-board-members

Associate Member, Commonwealth Association of Legislative Counsel

Member, Australasian Study of Parliament Group (WA Chapter)

Member, The Law Society of Western Australia
Current projects
PhD Candidate, ANU College of Law
http://law.anu.edu.au/hdr/research_students
Research profile
Research profile and publications
 

Mr Liam Elphick

Lecturer
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 2969
Email
liam.elphick@uwa.edu.au
Research profile
Research profile and publications
 
Joe Fardin

Mr Joe Fardin

Lecturer
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 8724
Fax
+61 8 6488 1045
Email
joe.fardin@uwa.edu.au
Location
Room 285A, Old Economics and Commerce Building, Crawley campus
Biography
Joe Fardin is a mining and Indigenous land rights lawyer. He holds a Bachelor of Laws and a Bachelor of Arts (Anthropology), and a Master of Laws with Distinction from the University of Dundee. He has extensive experience in the litigated, arbitral, regulatory reform, and policy development aspects of Indigenous land ownership and mining laws, and the relationship between the two. He has a particular interest in the unique issues surrounding the tripartite interaction between industry, government and Indigenous interests in the minerals industry. To this end he has advised clients in Australia and internationally on land access and mineral sector agreement making from within governments, law firms, NGOs and IGOs and as a consultant. He is now engaging with these issues in his role as Associate Director, Centre for Mining, Energy and Natural Resources Law at the University of Western Australia.
Key research
Mining law
Native title
Customary law
Regulation
Publications
Price,S., Beeson, A., Fardin,J., Radford, J., Environmental Law in Solomon Islands (Solomon Islands, Public Solicitor’s Office, 2015)

Dondo, S., Fardin, J, ‘Parties to Mining Agreements with Indigenous Groups: A Proposal for Argentina, Drawing on the Experience in Australia, Peru and Canada’, Australian Resources and Energy Law Journal (2013)

Fardin J., Mining Law and Agreement Making in Solomon Islands, (Solomon Islands, Public Solicitor’s Office, 2015)

Fardin, J, ‘Housing on native title lands: responses to the housing amendments of the Native Title Act’, Land, Rights, Laws: Issues of Native Title, Issues Paper No. 6, (4) 1 (2011)

Fardin, J. Power, Culture, Economy: Indigenous Australians and Mining, Book Review, Australian Aboriginal Studies, (2), 133 (2010)

Fardin, J., Mining performance bonds: Strengthening enforceability through free, prior and informed consent in Australia’s native title system, (Unpublished LLM thesis). University of Dundee (2009)
Funding received
International Mining for Development Centre (2014-2015)
Memberships
Associate Member - Australian Mining and Petroleum Law Association
Honours and awards
Laszlo Gombos Prize, University of Dundee, 2009
Rio Tinto-Australian Government Scholarship, 2008
Previous positions
Goldfields Land and Sea Council
Government of Solomon Islands
World Bank (consultant)
National Native Title Tribunal
Australian Institution of Aboriginal and Torres Strait Islander Studies
Teaching
Regulatory Theory
Mining and Energy Law
Property Law
Indigenous Peoples and the Law
Current external positions
Admitted as a legal practitioner of the Supreme Court of New South Wales, Supreme Court of Western Australia and the High Court of Australia
Research profile
Research profile and publications
 
Rebecca Faugno

Ms Rebecca Faugno

Lecturer
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 3442
Fax
+61 8 6488 1045
Email
rebecca.faugno@uwa.edu.au
Qualifications
BA LLB Monash, GradDipEd W.Aust.
Biography
Rebecca is an Assistant Professor in the Faculty of Law where she teaches Corporations Law (LAWS5104) and Commercial Practice (LAWS5108).
Her research interests are in the areas of Corporate Governance, Regulation of Multinational Corporations, Corporations and Human Rights and Corporate Social Responsibility. She is currently working on a doctoral thesis in the field of judicial remedies for human rights violations by multi-national corporations.
Rebecca holds Bachelor degrees in Law and Arts (both with Honours) and a Graduate Diploma in Education.
Prior to joining the University of Western Australia Rebecca worked in commercial practice and has advised on general corporate matters (including directors' duties), corporate restructures, mergers and acquisitions and large-scale commercial litigation.
Key research
Research interest areas: corporate governance, regulation of multi-national corporations, corporate human rights and environmental liability, corporate social responsibility, remedies (particularly in the human rights sphere).
Rebecca is currently working on a PhD thesis on the issue of judicial remedies for human rights violations by multi-national corporations.
Her Honours thesis was completed with a Monash University Major Grant (Study Abroad), on the topic of 'L’interprétation juridique des lois anti-Sémites de Vichy' (French judicial interpretation of anti-Semitic Vichy laws).
Publications
BOOKS/EDITED COLLECTIONS

M Cutillo, R Faugno and T Scovazzi, 'La
Responsabilità Sociale d’Impresa in Tema di Diritti Umani e Protezione dell’Ambiente: Il Caso dell’India', (Giuffrè Editore, 2012)

ARTICLES/CHAPTERS

R Faugno, 'Corporate Human Rights and Environmental Liability Under Indian Law', in M Cutillo, R Faugno and T Scovazzi (eds), 'La Responsabilità Sociale d’Impresa in Tema di Diritti Umani e Protezione dell’Ambiente: Il Caso dell’India', (Giuffrè Editore, 2012)

M Cutillo, R Faugno and T Scovazzi, 'Introduzione', in M Cutillo, R Faugno and T Scovazzi (eds), 'La Responsabilità Sociale d’Impresa in Tema di Diritti Umani e Protezione dell’Ambiente: Il Caso dell’India', (Giuffrè Editore, 2012)

2012 LLB (Hons) student, Daniella Spencer-Laitt, thesis published: 'When will derivative liability enhance corporate regulatory compliance?' (2014) 32 C&SLJ 84.

CONFERENCE PRESENTATIONS

R Faugno, 'National law relating to corporate human rights and environmental responsibility: the case of India' (Paper presented at Il Convegno Internazionale di Valore Sociale: La valutazione di impatto sui diritti umani - uno strumento concreto per promuovere l'etica nell'impresa (Human Rights Risk Assessment: A concrete tool for CSR in international supply chains), Milan, Italy, May 2011.
Roles, responsibilities and expertise
BA (Hons) Monash, LLB (Hons) Monash
Grad Dip Ed W.Aust

Rebecca is admitted as a Barrister and Solicitor in Victoria, Western Australia and the High Court of Australia
Funding received
Monash University Study Abroad Major Scholarship 1998
Monash University Study Abroad Minor Bursary 1997
Languages
English (native)
Italian (written and spoken)
French (written and spoken)
Memberships
Australasian Law Teachers' Association
Corporate Law Teachers' Association
Honours and awards
* UWA Award for Excellence in Teaching, 2013
* UWA Award for Excellence in Teaching, 2010
* Law Lecturer of the Year, MSLS, Murdoch University 2007
* C Sanders Prize for the Most Outstanding Student completing the Grad Dip Ed or B Ed at UWA, 2005.
* Fogarty Foundation Prize for Excellence, for the student with the highest aggregate over seven units in the Grad Dip Ed or B Ed at UWA, 2005.
* Monash University Major Grant (Study Abroad) 1998
* Monash Univesity Minor Grant (Study Abroad) 1997
Previous positions
* Visiting Researcher, Universita degli Studenti di Milano-Bicocca, Milano, Italy 2011
* Faculty of Law, Murdoch University
* Blake Dawson Waldron (now Ashurst), Perth
* Allens Arthur Robinson (now Allens), Melbourne
* Legal Practitioners' Complaints Committee WA
Teaching
Rebecca is currently Unit Co-ordinator of Corporations Law (LAWS5104/LAWS3322) and teaches Corporations Law and Commercial Practice (LAWS5108/LAWS4030).
Previous teaching includes Equity and Trusts, Remedies, and Legal Practice and Transactions.
Research profile
Research profile and publications
 
Aviva Freilich

Assoc/Prof Aviva Freilich

Senior Lecturer
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 2840
Fax
+61 8 6488 1045
Email
aviva.freilich@uwa.edu.au
Qualifications
BA LLB LLM Syd.
Key research
- Commercial Law
- Contract
- Consumer Law
Roles, responsibilities and expertise
Aviva has been a consultant to the Law Reform Commission of Western Australia and a member of NACCA( National Advisory Council for Consumer Affairs)
Funding received
In 2012, together with Associate Professor Eileen Webb Aviva was successful in receiving a Lotteries grant of $235000 to conduct research on Security of Tenure for seniors in WA

Submission of grant application to ACCAN Australian Communications Consumer Action Network)with Professor Richard Heaney(UWA Business School) to investigate online transactions and consumer law
Teaching
Aviva Frelich BA LLM(hons) Syd. teaches the postgraduate JD units of Contract and of Consumer Law. She coordinates the Legal Internship unit and is a Staff Editor of the UWA Law Review.
Research profile
Research profile and publications
 
Alex Gardner

Professor Alex Gardner

Professor
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 2483
Fax
+61 8 6488 1045
Email
alex.gardner@uwa.edu.au
Qualifications
BA LLB ANU, LLM Br.Col.
Biography
Alex was born and raised on a farm in Western Australia, attending high school in Perth. After undergraduate studies at the Australian National University in Canberra (1977-1983) he worked as a solicitor in Melbourne before undertaking a Master of Laws specialising in Natural Resources and Environmental Law at the University of British Columbia(1986-87). Since 1988, Alex has been based at the University of Western Australia Faculty of Law teaching undergraduate and postgraduate students in Public Law and Natural Resources and Environmental Law. He was appointed Professor of Law in July 2015.

Key research
Alex's research interests are in Natural Resources and Environmental Law, with a special interest in Water Resources Law. A principal avenue for pursuing these research interests has been through the National Centre for Groundwater Research and Training: http://www.groundwater.com.au/.
Since 2012, he has been a key researcher in the Cooperative Research Centre for Water Sensitive Cities; Project A3.2 on Better Regulatory Framework for Water Sensitive Cities: https://watersensitivecities.org.au/content/project-a3-2/ .
See my web page on "Water Resources Reform" for news of my research with these two centres:
http://www.law.uwa.edu.au/research/water-resources-reform
Publications
Alex and Professor Richard Bartlett of the UWA Faculty of Law, with Ms Janice Gray of the Faculty of Law of the University of New South Wales, completed a five year project to produce a treatise on Water Resources Law, published by LexisNexis Butterworths, July 2009.

Details of some other recent publications are given below under "New and Noteworthy".

2005 - 2012: http://www.law.uwa.edu.au/research and see links to "Research Publications" for each year.
2004 Publications: http://research.publishing.uwa.edu.au/research/publications/2004/law
2003 Publications: http://www.publishing.uwa.edu.au/research/2003/law-school.asp
2002 Publications: http://www.publishing.uwa.edu.au/research/2003/law-school.asp
2001 Publications: http://www.publishing.uwa.edu.au/research/2003/law-school.asp
2000 Publications: http://www.publishing.uwa.edu.au/research/2000/law.asp
1999 Publications: http://www.publishing.uwa.edu.au/research/1999/LawSchool.asp
1998 Publications: http://www.publishing.uwa.edu.au/research/1998/LawSchool.asp
1997 Publications: http://www.publishing.uwa.edu.au/research/1997/law-school.asp
1996 Publications: http://www.publishing.uwa.edu.au/research/1996/law-school.asp
1995 Publications: http://www.publishing.uwa.edu.au/research/1995/law.asp
1994 Publications: http://www.publishing.uwa.edu.au/research/1994/law-school.asp
Roles, responsibilities and expertise
Besides his academic teaching and research interests, Alex has, since 1994, been an environmental legal consultant, especially to the Environmental Defenders Office (WA) and to Western Australian Government Agencies responsible for water resources management. He was a member of the Advisory Council to the Environmental Protection Authority of Western Australia from June 1995 to August 1999 and was appointed a senior sessional member of the State Administrative Tribunal in 2005, most recently re-appointed in 2012. From October 2006 to June 2008, Alex advised the State Department of Water on water resources law reform. In 2009-10 he assisted with advice to the Commonwealth Government on issues relating to the Murray Darling Basin. In 2013-15, he assisted the National Water Commission and the Commonwealth Department of Environment.

Alex is a contributing editor to the Environmental and Planning Law Journal and the current editor (since March 2012) of the Australian Resources and Energy Law Journal.

Alex became the Convener of the Management Committee of the Environmental Defender's Office WA (Inc)in December 2015: http://edowa.org.au/.
Future research
Alex also has ongoing research interests in:
* water resources law, generally;
* water resources law and adaptation to climate change;
* mining and water;
* water quality law, especially the regulation of diffuse source water pollution; and
* Ramsar wetlands.
Funding received
* Office of Water, Commonwealth Department of Environment, report with colleagues on the regulation of shale gas fracking on environment and water.
* International Mining for Development Centre, 2014-15, for a project on Mining and Water Law Reform for Ghana.
* Cooperative Research Centre for Water Sensitive Cities: 2013-2016, Project A3.2 on Better Regulatory Frameworks for Water Sensitive Cities.
* Australian Research Council / National Water Commission, funding through the National Centre for Groundwater Research and Training: 2009-2014.
* Cotton Research and Development Corporation: 2010-2013.


Memberships
National Environmental Law Association;
Australian Mining and Petroleum Law Association;
Honours and awards
Willoughby Prize for 2015, awarded by the Trustees of The Energy, Petroleum, Mineral & Natural Resources Law & Policy Education Trust for the best article published in the Journal of Energy and Natural Resources Law in 2015. The award was for:
M Bennett and A Gardner, ‘Regulating groundwater in a drying climate: lessons from South West Australia’, published in (2015)33(4) JOURNAL OF ENERGY AND NATURAL RESOURCES LAW 293-319.
Teaching
Alex currently teaches postgraduate units offered by the UWA Centre for Mining, Energy and Natural Resources Law (http://www.law.uwa.edu.au/research/cmenrl) in Water Resources Law and Environmental Law. At the UWA, he also teaches LLB / JD units Environmental Law and Administrative Law. He has formerly taught courses in Comparative Law and Constitutional Law.

Alex also teaches Water Resources Law in the graduate programs at:
* the Australian Centre for Environmental Law at the Australian National University College of Law since 2001; and
* the TC Beirne School of Law, The University of Queensland, since 2011.
Current external positions
Adjunct Professor, Australian National University College of Law, Australian Centre for Environmental Law.
Visiting Lecturer, TC Beirne School of Law, The University of Queensland
Senior Sessional Member of the Western Australian State Administrative Tribunal since 2005, re-appointed in 2012.
Useful links
Some of my publications are available on the Social Sciences Research Network author's page:
http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=813928
New and noteworthy
Jeanette Jensen and Alex have published
“Legal duties for environmental water provisions in Western Australia”, (2017) 42(1) UWA Law Review 206-246 (open access)
http://www.law.uwa.edu.au/uwalr/issues/2017-volume-42-issue-1/

Three of Alex's 2016 students have published their research:
* E Archer, “Reducing emissions from deforestation after the Paris Agreement: New ambition, old challenges” (2017) 34 Environmental and Planning Law Journal 353.
* J Morris, “Jacob v Save Beeliar Wetlands: The demise of EPA Policy as a mandatory relevant consideration” (2017) 34 Environmental and Planning Law Journal 338.
* E Stoney, "Risk-based regulation: Examination of the adoption of risk-based regulation reforms in Western Australia", (2017) 34 Environmental and Planning Law Journal 59.

Willoughby Prize for 2015, awarded by the Trustees of The Energy, Petroleum, Mineral & Natural Resources Law & Policy Education Trust for the best article published in the Journal of Energy and Natural Resources Law in 2015. The award was for:
M Bennett and A Gardner, ‘Regulating groundwater in a drying climate: lessons from South West Australia’, published in (2015)33(4) JOURNAL OF ENERGY AND NATURAL RESOURCES LAW 293-319.

Recent publications and presentations:
M Waschka and A Gardner, “Diffuse Source Pollution and Water Quality Law for the Great Barrier Reef: Why the reticence to regulate?”, chapter 11 in J Gray, C Holley & R Rayfuse (eds), Trans-jurisdictional Water Law and Governance, Routledge Earthscan, UK, 2016.

M Bancroft and A Gardner, "Opportunities and obligations for residential developers to undertake wastewater recycling and stormwater capture: A Western Australian perspective", (2015) 32 Environmental and Planning Law Journal 372.

J Lee and A Gardner, “A peek around Kevin’s Corner: Adapting Away Substantive Limits?”,(2014) 31 Environmental and Planning Law Journal 247-250. See also, published LLB (Hons) thesis by Jessica Lee, “Theory to practice: Adaptive management of the groundwater impacts of Australian mining projects” (2014) 31 Environmental and Planning Law Journal 251-287.

M Bennett and A Gardner, “Regulating Groundwater in a Drying Climate: Lessons from South West Australia”, 2nd author with M Bennett, (2015) Journal of Energy & Natural Resources Law (http://dx.doi.org/10.1080/02646811.2015.1061355 ). The article is based on "Groundwater Regulation in a Drying South West" report on 1 year research project funded by the National Centre for Groundwater Research and Training, 30 June 2014: http://www.law.uwa.edu.au/research/water-resources-reform/framework

M Bennett and A Gardner, "How do environmental conservation laws interact with environmental aspects of water laws?" (2014) 31 Environmental and Planning Law Journal 3-10.

Sarah Robertson's LLB (Hons) thesis published: “A Regulatory Framework for Monitoring and Enforcing Water Access Rights in Western Australia”, (2014) 37(2) UWAL Rev 215-242.

A Gardner, "Mining Access to Water Resources - Traditions and Developing Principles" [2013] AMPLA Yearbook 306-339.

C McKay and A Gardner,“Water Accounting Information and Confidentiality in Australia”, (2013) 41(1) Federal Law Review 127 – 162.

A Gardner, “Lee and Gropler v Commonwealth and Murray-Darling Basin Authority – a reflection on a conception of Australian water access rights”, (2013) 28(3) Australian Environment Review 517-520.

M Waschka and A Gardner, “Using regulation to tackle the challenge of diffuse water pollution and its impact on the Great Barrier Reef”, (2012) 15(2) Australasian Journal of Natural Resources Law and Policy 109-147.

One of Alex's 2011 LLB Honours students, Natascha Sommer, recently had her thesis published: "Mine Dewatering in the Pilbara: A Legal Framework for Managing the Cumulative Impacts on Environmental Values and Indigenous Interests", (2012) 31(1) Australian Resources and Energy Law Journal 65-90.

Alex with Natascha Sommer, “Environmental Securities in the Mining Industry: A legal framework for Western Australia”, presented at the 2012 Annual Conference of Australian Agricultural and Resource Economics Society, Perth, February 2012, and published in (2012) 31(3) Australian Resources and Energy Law Journal 242-262.

“An overview of the historical legal background to the “Proposed Basin Plan”, (2012) 29(4) Environmental and Planning Law Journal 263-267.

A Gardner and J Lee, “Case note: Macquarie Generation v Hodgson [2011] NSWCA 424”, Australian Environment Review, September 2012, 321-324.

“Water Reform and the Federal System”, in P Kildea et al (eds), Tomorrow’s Federation, Federation Press, 2012.

“The Legal Protection of Ramsar Wetlands: Australian Reforms”, paper presented to the 2009 Annual Colloquium of IUCN Academy of Environmental Law in Wuhan, China, and 1 of 15 papers published in the conference proceedings, P Martin et al (eds), Environmental Governance and Sustainability, Edward Elgar, 2012.

“Water Law: the National Water Initiative”, presented to the Summer School of the National Centre of Groundwater Research and Training, Adelaide, 29 November 2011.

With Zhang Yanfang and Zhang Yi, “Legal Perspective of Water Environmental Protection in the Three Gorges Reservoir Area” (2008) 18(1) Journal of Environmental Management College of China 42-44 (ISSN 1008-813X)
With Zhang Yanfang, “Principles of Environmental Water Allocation and Management in Australia and China” [2008] Journal of China University of Geosciences – Social Sciences Edition 11-14 (ISSN 1671-0169)

“Exploiting the Unspeakable: Third Party Access to Sewage and Public Sector Sewerage Infrastructure”, second author with Janice Gray, delivered to the 2007 Annual Symposium of the Academy of Social Sciences in Australia, Canberra, November 2007.

“Environmental Water Allocations and Their Governance”, with Kathleen Bowmer, paper presented to Delivering the National Water Initiative conference, Parliament House, Canberra, December 2006.

"Environmental Water Allocations in Australia" presented at International Symposium on Sustainable Water Management, National Europe Centre, the Australian National University, Canberra, September 2005.

With V Chung, "The Law and Policy of Environmental Water Allocations in Western Australia", and "Pricing Water for Environmental Externalities", Water Law Conference hosted by the Environmental Defenders Office (WA), Perth, July 2005.

Current projects
In 2016-17, I have been completing three papers on research undertaken with Jeanette Jensen restoration of waterways and wetlands, with funding from the CRC for Water Sensitive Cities. See my web page on "Water Resources Reform" for news of this research and Jeanette's presentations in September 2016:
http://www.law.uwa.edu.au/research/water-resources-reform

In July 2015, with Nick Duff of the Goldfields Land and Sea Council of Western Australia and two colleagues from the University of Ghana, I completed a collaborative Action Research Project titled:
"Regulating Mining Water Use and Impacts in Ghana: Comparing Ghanaian and Australian Law for Reform Ideas" -
http://im4dc.org/wp-content/uploads/2015/08/Combined-Gardner.pdf


Research profile
Research profile and publications
 
Rasiah Gengatharen

Dr Rasiah Gengatharen

Senior Lecturer
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 7049
Fax
+61 8 6488 1045
Email
rasiah.gengatharen@uwa.edu.au
Qualifications
BEc M'sia, LLB Lond., LLM PhD W.Aust.
Biography
Rasiah Gengatharen joined the Law School in 1998 and teaches in the Business Law Program. Prior to this, he worked for several years in banking and finance. He holds degrees in economics and law, including a PhD from the University of Western Australia. In 1995, he was awarded a Banking Law Association Scholarship to undertake research on derivatives law and regulation.
Key research
Main research interests are banking, financial regulation and personal property securities.
Publications
Recent Publications:

'Protecting the Prepaying Buyer of Goods from the Seller's Insolvency' (2014) 22 Insolvency Law Journal 5

'The Acquisition of Pre-encumbered Personal Property in the Ordinary Course of the Seller's Business'(2013) 41(6) Australian Business Law Review 367
Teaching
Introduction to Law, Legal Framework of Business, Finance Law and Banking Law
Research profile
Research profile and publications
 

Ms Holly Gretton

Research Assistant
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Email
holly.gretton@uwa.edu.au
Research profile
Research profile and publications
 

Ms Beatrice Hamilton

Lecturer
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 3936
Email
beatrice.hamilton@uwa.edu.au
Research profile
Research profile and publications
 

Ms Ilana Hamilton

Research Assistant
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Email
ilana.hamilton@uwa.edu.au
Research profile
Research profile and publications
 
Peter Handford

Professor Peter Handford

Winthrop Professor
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 2958
Fax
+61 8 6488 1045
Email
peter.handford@uwa.edu.au
Qualifications
LLB Birm., LLM PhD Camb.
Biography
Peter taught at the Law School between 1977 and 2016 (continuing in a part-time capacity between 1983 and 1998 when he was the Executive Officer and Director of Research of the Law Reform Commission of Western Australia). He was appointed a Professor in 2004. Peter was the Law School's Deputy Dean until September 2012. Between 2009 and 2012 he was responsible for curriculum reform and planning the transition from the LLB to the JD. He retired in July 2016 and is now a Senior Honorary Research Fellow.

Office: Law Link Building Room 1.40
Key research
Peter's major research interests lie in the field of torts, in particular liability for psychiatric injury, limitation of actions, and law reform.
He also has a special interest in comparative law, both generally and in relation to torts in particular.
Recent research projects include
'Lord Campbell and the Fatal Accidents Act' (published in the Law Quarterly Review in 2013); 'The Snail's Antipodean Adventures', on duty of care in Australia (paper given at the 80th Anniversary Donoghue v Stevenson Conference in Glasgow, May 2012, published in the Juridical Review in 2014); and the relationship between the common law of occupiers' liability, the Occupiers' Liability Acts and the Civil Liability Acts, undertaken jointly with Dr Brenda McGivern (two articles published in the Melbourne University Law Review).
Publications
Peter is the author of Tort Liability for Psychiatric Damage (second edition), published by Lawbook Co in June 2006; the first edition, written jointly with Nicholas Mullany, was published in 1993. Both editions have been widely cited by courts in Australia, England and elsewhere. The third edition, now renamed Tort Liability for Mental Harm, will be published by
Lawbook Co in late 2016.

He is also the author of Limitation of Actions: The Australian Law, third edition published by Lawbook Co in 2011; and the joint author of the duty of care chapter in Fleming's The Law of Torts (10th ed 2011).

He has also published many articles on torts and other subjects. His most recent articles include:

Edward John Eyre and the Conflict of Laws (2008) 32 Melbourne University Law Review 822-860

Intentional Negligence – A Contradiction in Terms? (2010) 32 Sydney Law Review 29-62

Intention, Negligence and Some Statutory Conundrums (2010) 18 Tort Law Review 140-153

Teaching Psychiatric Injury in a Post-CLA World (2010) 18 Torts Law Journal 157-172

Psychiatric Injury in Canada: A Tale of Two Cases (2011) 19 Tort Law Review 18-28

Intention, Negligence and the Civil Liability Acts (2012) 73 Australian Law Journal 100-117

Wilkinson v Downton: Pathways to the Future? (2012) 20 Tort Law Review 145-162

Cinderellas? Rescue, Trauma and the Civil Liability Acts (2013) 115 Precedent 5-9

Lord Campbell and the Fatal Accidents Acts (2013) 129 Law Quarterly Review 420-449

The Snail's Antipodean Adventures [2013] Juridical Review 315-355 (paper originally given at the Donoghue v Stevenson 80th Anniversary Conference, Paisley, Scotland, 2012)

Limitation and Personal Injury Claims: Retrospective Application of the Limitation Act 2005 (2014) 37 University of Western Australia Law Review 160-181

Two Problems of Occupiers' Liability - Part One: The Occupiers' Liability Acts and the Common Law (2015) 39 Melbourne University Law Review 128-171 (by Peter Handford and Brenda McGivern)

Introduction (Peter Johnston) (2015) 39(2) University of Western Australia Law Review 1-6

Liability for Work Stress: Koehler Ten Years On (2015) 39(2) University of Western Australia Law Review 150-179

Two Problems of Occupiers' Liability - Part Two: Occupiers' Liability and Civil Liability Legislation (2015) 39 Melbourne University Law Review 507-537 (by Brenda McGivern and Peter Handford)


Roles, responsibilities and expertise
Peter has been a member of the editorial board of the Tort Law Review since 1993. He was the Executive Officer and Director of Research of the Law Reform Commission of Western Australia between 1983 and 1998, and in that capacity was the author of reports on limitation of actions, wills, probate, spent convictions, Police Act offences and sale of goods. He was also a member of the Commission between 1993 and 1995. Between 1995 and 1997 he was the Western Australian representative on the Uniform Succession Law National Project Committee, and currently sits on the Attorney General's Working Group reviewing the law of succession in Western Australia.

Peter is a member of the Francis Burt Law Education Programme Advisory Committee, and the chair of the sub-committee responsible for the oral history programmee and the Old Court House Museum. The Francis Burt Law Education Programme provides community legal education programmes and promotes the community's understanding of the law and the legal system.
Previous positions
Lecturer in Law, University of Leicester, England, 1970-78
Executive Officer and Director of Research, Law Reform Commission of Australia, 1983-1998
Member, Law Reform Commission of Western Australia, 1993-1995
Teaching
Peter taught Torts in the JD degree, and also the LLB optional unit Advanced Torts Law (in partnership with Professor Evelyn Ellis, Emeritus Professor of Public Law at Birmingham University in the UK, and in 2016 with Dr Brenda McGivern). He also taught Torts in the LLB degree.

In past years he has taught other units including Legal Process (continuously from 1982 to 2006), Contract, Comparative Law, Conflict of Laws, and the LLM unit Limitation of Actions.
Current projects
Peter is currently completing the new edition of his text on Tort Liability for Mental Harm, and is also writing a new edition of his text on Limitation of Actions.
Research profile
Research profile and publications
 
Juan He

Dr Juan He

Lecturer
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 2957
Email
juan.he@uwa.edu.au
Qualifications
PhD Syd.
Biography
Juan joined the UWA Law School in July 2016. Before that she had worked as Assistant Professor in Law with Zhejiang University of China since 2013. She holds degrees in law from the University of Sydney (Ph.D.), China Foreign Affairs University (LL.M.) and Sichuan University (LL.B.). Juan' PhD was funded by the China Scholarship Council — University of Sydney Postgraduate Research Scholarship. Her doctoral dissertation unveils the relative inadequacy and rigidity of the regulatory scope prescribed to developing countries by their WTO and WTO-plus commitments to spur growth, value addition and technological advances, highlighting a profound need to reconcile localized and international policy agendas in the common pursuit of development. Juan was admitted to the legal profession in mainland China in 2008.
Key research
Juan's main research expertise includes international trade law, international fisheries law, law and sustainable development, trade and climate change. Current research interests focus on anatomizing and reinvigorating the unique nexus between international trade, fisheries and environmental regulatory regimes, in both national-comparative and transnational governance contexts.
Publications
BOOKS

1. J He, The WTO and Infant Industry Promotion in Developing Countries: Perspectives on the Chinese Large Civil Aircraft Industry, Routledge (Taylor & Francis), 2014 & 2016 (reprint);

2. J Zhang, X Jiang and J He, Legal Issues of Addressing Climate Change in China, China Environmental Science Press, 2010. (Chinese)


PEER-REVIEWED JOURNAL ARTICLES

1. J He, “The EU Illegal, Unreported and Unregulated (IUU) Fishing Regulation based on market-related measures: Unilateralism or a model law?” Journal of International Wildlife Law & Policy, 2017:20(2), 168-197.

2. J He, 'Enhancing Chinese law and practice to combat illegal unreported and unregulated fishing and trade', Asia Pacific Journal of Environmental Law, 2016:19, 4-28.

3. J He, ‘International trade disputes related to fishery products: time to engage a Chinese perspective?’, International Journal of Marine and Coastal Law, 2016:31(1),32-59.

4. J He, 'The Rise of a Chinese Large Civil Aircraft Supplier: Standardisation, Certification and Policy Responses', Annals of Air and Space Law, 2015:40, 572-606.

5. J He, ‘A review of Chinese fish trade involving the development and limitations of food safety strategy’, Ocean & Coastal Management, 2015:116,150−161.

6. J He, ‘Chinese public policy on fisheries subsidies: reconciling trade, environmental and food security stakes’, Marine Policy, 2015:56, 106−116.

7. J He, ‘China−Canada seal import deal after the WTO EU–Seal Products case: At the crossroad’, Asian Journal of WTO and International Health Law and Policy, 2015:10(1), 225−263.

8. J He, ‘WTO-plus commitments and emerging implications for China's large civil aircraft manufacturing’, World Trade Review, 2014:13(3), 517−545.

9. J He, Developing countries’ pursuit of an intellectual property law balance under the WTO TRIPS Agreement’, Chinese Journal of International Law, 2011:10(4), 827−863.

10. J. Zhang and J. He, ‘Carbon Tariffs and the Legal Response from China’, World Environment, 2011:1, 51−52 (Chinese).

11. J He, ‘Carbon Tariffs: A New Green Trade Barrier or WTO Environmental Protection Exception?’ World Trade Organization Focus, 2010:17(3), 56−61 (Chinese).
Roles, responsibilities and expertise
Juan is acting as the Student Exchange Advisor and Coordinator for the Visiting Scholars Program of the Law School.
Funding received
2017, UWA Research Impact Grant, ‘Trade in fishery resources: regulation for economic resilience and environmental sustainability in the Asia Pacific region’, $18,800 (2017);
2014, Qianjiang Talent Project, Zhejiang Provincial Government, China, ‘Technological development and industrial escalation in the world trading system’, $6,000 (2014−15);
2013, Scientific Research Foundation for Returned Overseas Chinese Scholars, State Ministry of Education, China, 'Developing Chinese large civil aircraft in the international legal context: innovation, production and export trade’, $4,000 (2013−14).
Languages
English
Mandarin
Memberships
Member of the UWA Oceans Institute
Member of the Australian and New Zealand Society of International Law
Honours and awards
2014,Truth-seeking Youth Academic Award, Zhejiang University
2012, Sydney Law School, Cooke, Cooke, Coghlan, Godfrey & Littlejohn Scholarship;
2011, Sydney Law School, Ross Waite Parsons Scholarship;
2010, Sydney Law School, Ross Waite Parsons Scholarship;
2010, National Council of Women New South Wales of Australia Inc., Australian Day Awards for celebrating 114 years of women’s achievements and contribution to society, sponsored by Gilbert + Tobin.
Teaching
LAWS5254 World Trade Organization Law
LAWS5212 China-Australia Relations: Trade, Investment and Law
LAWS2226 International Legal Institutions
Useful links
https://scholar.google.com.au/citations?user=5lt2HWQAAAAJ&hl=en
https://www.researchgate.net/profile/Juan_He17
https://uwa.academia.edu/JUANHE
New and noteworthy
1. Juan He, ‘Enhancing trade and market-based tools to address illegal, unreported and unregulated fishing’, presentation to the Australian and New Zealand Society of International Law International Economic Law Interests Group Workshop, Sydney, 12 October, 2017;
2. Juan He, ‘The EU IUU Fishing Regulation based on unilateral trade and market-control measures: policy implications for the Asia Pacific’, seminar presentation to the Australian National Centre for Ocean Resources and Security, Wollongong, 7 July 2017;
3. Organizer and discussant in the 3rd International Symposium on ‘Global Commons and the Law of the Sea’, hosted by Zhejiang University, Hangzhou, June 2015;
4. Organizer and discussant in the 2nd International Symposium on ‘Sustainable Development and the Law of the Sea’, hosted by Zhejiang University, Hangzhou, June 2014;
5. Organizer and discussant in the 1st International Symposium on ‘Peaceful Use of the Sea and Maritime Cooperation’, hosted by the Oceans Institute and the Guanghua Law School, Zhejiang University, Hangzhou, June 2013;
6. Juan He, ‘Discerning regulatory protectionism in the post-Uruguay era: the role of science in the WTO dispute Australia−Apples’, presentation to the Sydney Law School Postgraduate Research Conference, Sydney, 29 October 2010;
7. Juan He, ‘The accelerated liberalization agenda on tariffs in Doha non-agricultural market access negotiations and potential impacts on developing countries’, presentation to the 18th ANZSIL Annual Conference Postgraduate Research Students Workshop, Canberra, 23 June 2010.
Research profile
Research profile and publications
 

Assoc/Prof David Hodgkinson

Associate Professor
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 3668
Email
david.hodgkinson@uwa.edu.au
Research profile
Research profile and publications
 

Romanie Hollingworth

Casual Lecturer
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Email
romanie.hollingworth@uwa.edu.au
Research profile
Research profile and publications
 
Jill Howieson

Assoc/Prof Jill Howieson

Associate Professor
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 2885
Fax
+61 8 6488 1045
Email
jill.howieson@uwa.edu.au
Qualifications
LLB Murd., BA(Psych) GradDipBus E.Cowan, BA Curtin, PhD W.Aust.
Biography
Jill Howieson is the unit coordinator of Negotiation and Mediation, and Dispute Resolution at the University of Western Australia’s Law School. She is the Director of UWA’s Registered Mediator’s Accreditation Body (RMAB) and an inaugural board member of the national Mediator Standards Board (MSB).

Jill holds degrees in English, Psychology and Law. She completed her PhD in Law at the University of Western Australia in 2008. She is a nationally accredited mediator and practices, researches and teaches in the dispute resolution area. Before commencing in academia, Jill practiced as a solicitor in the area of dispute resolution at the top tier law firm Mallesons Stephen Jacques, now King Wood Mallesons and smaller law firms.

Jill is the co-author of the negotiation textbook Negotiation: Strategy, Style, Skills, published by LexisNexis. Jill has trained private practitioners, UWA executive and academic staff, and many others in interest-based negotiation and mediation, and currently runs a national mediation accreditation course through the UWA Law School at http://www.law.uwa.edu.au/cpd/adr4p.

Jill’s research areas include procedural justice, alternative dispute resolution and legal education. Jill works from an inter-disciplinary socio-legal perspective and conducts empirical research.

Jill is currently the co-ordinator of the African Resources Negotiation Network (ARNN) and works across Africa in the area of negotiation support and capacity development in the mining and extractives sector.
Key research
Negotiation
Mediation
Dispute Resolution
Family lawyering and family dispute resolution
Conflict and conflict resolution
Alternative dispute resolution
Procedural justice
Legal education
Publications
Books
Alexander, N. and Howieson, J. (2010), Negotiation: Strategy, Style, Skills, Lexis Nexis, Sydney 2010.

Peer-reviewed articles
Drew N, Datta D and Howieson J (2015) ‘ The Holy Grail: Work-Life Balance in the Legal Profession in press 38 (1) University of New South Wales Law Review
Howieson J and Priddis L (2015) ‘A mentalizing-based approach to family mediation: harnessing our fundamental capacity to resolve conflict and building an evidence-based practice for the field’ in press Family Court Review
Howieson J and Priddis L (2014) ‘A Relational Model of Family Lawyering: exploring the potential for education, practice and research’ in press Canadian Journal of Family Law
Howieson, J and Fitzgerald, T. (2012) ‘A cultural challenge for the Western Australian legal profession: a lack of diversity at the WA Bar? 36 (1) UWA Law Review 227-251
Howieson, J & Priddis, L (2012) ‘Mentalising in mediation: Towards an understanding of the ‘mediation shift’ 23 Australasian Dispute Resolution Journal 52 – 60
Howieson, J and Davies, A., (2012) ‘Family Law Mediation-Style Conferencing: Creating an opportunity in a crisis‘ 23(1) Australian Family Lawyer 13-19
Howieson, J (2011) ‘A Constructive Inquiry approach: blending Appreciative Inquiry with traditional research and evaluation method’ 1 (2) Evaluation Journal of Australasia 14 - 24
Howieson, J. (2011) ‘The Professional Culture of Australian Family Lawyers: Pathways to Constructive Change’ 25 (1) International Journal of Law, Policy & the Family 71-99
Howieson J. (2011) ‘ADR education: creating engagement and increasing mental health through an interactive and constructive approach.’ 22 (1) Australasian Dispute Resolution Journal 58-64
Howieson, J. (2011) ‘ADR for a Built Environment interdiscipline’3 (1) International Journal of Law in the Built Environment (IJLBE) 11-23
Howieson, J. & Priddis, L (2010). ‘Building resilience for separating parents through mentalising and constructive lawyering techniques’ 18(2) Psychiatry, Psychology and Law 202-211
Howieson, J. (2010). 'I am if you are': An interesting paradox in role-play case simulation training. In Educating for sustainability. Proceedings of the 19th Annual Teaching Learning Forum, 28-29 January 2010. Perth: Edith Cowan University. http://otl.curtin.edu.au/tlf/tlf2010/refereed/howieson.html
Howieson, J. & Ford, W. (2007). Teaching and learning skills: Increasing a sense of law school belongingness. In Student Engagement. Proceedings of the 16th Annual Teaching Learning Forum, 30-31 January 2007. Perth: The University of Western Australia. Available at http://lsn.curtin.edu.au/tlf/tlf2007/refereed/howieson.html (50% contribution)
Howieson, J. & Stevenson, C. (2002). Implied obligations in a deed of settlement. 21 Australian Mining & Petroleum Law Journal 179-184. (50% contribution)
Howieson, J. Perceptions of Procedural Justice and Legitimacy in Local Court Mediation. Murdoch University Electronic Journal of Law Volume 9, Number 2 (June 2002)
Available at: http://www.murdoch.edu.au/elaw/issues/v9n2/howieson92.html.

Research Reports
Howie, L and Howieson J (2013) Developing an Extractive Industries Negotiation Skills Training Program for Africans in Africa. Research report for the Australian-African Partnership Facility
Howieson, J (2012) ‘Mentalizing in Mediation. Research report for the Relationships Australia, Western Australia
Howieson, J (2011) ‘Pilot of Signs of Safety lawyer-assisted Conferences and Meetings, Final Report’ for Legal Aid Western Australian
Howieson, J and Fitzgerald, T. (2011) ‘Demographic diversity in the WA Bar: A Consistent Failure to Frame the Right Question. Research report for the Western Australian Bar Association available at http://www.wabar.asn.au/images/Demographic%20Diversity%20in%20the%20WA%20Bar%20Report%2019-7-2011.pdf
Howieson, J. Report on the NADRAC second national ADR round table research forum, University of South Australia, 25-26 February 2005, Western Australian Dispute Resolution Association Newsletter, Volume 30, March 2005.

Published material
Howieson, J (2011) ‘Desire’, Kluwer Mediation Blog, available at http://kluwermediationblog.com/author/jillhowieson/
Howieson, J, ‘What is it about me? What is it about mediation? ADR Bulletin, Volume 12, Number 1 (March 2010)
Alexander, N and Howieson, J, ‘Reflecting on Negotiation Strategy: Introducing the Negotiation Navigation Map. ADR Bulletin, Volume 11, Number 7 (December 2009)
Howieson, J and Alexander, N, ‘Negotiation and mediation in 3D: Completing the models for practice and education. ADR Bulletin, Volume 11, Number 6 (November 2009)
Howieson, J. Family Law: the lawyer-client relationship, procedural justice and the dispute resolution process, ADR Bulletin, Volume 10, Number 2 (November 2007).
Howieson, J. Procedural Justice in Mediation: and empirical study and a practical example, ADR Bulletin, Volume 5, Number 7 (December 2002).
Howieson, J. The Justice of Court-connected Mediation, VCAT Mediation Newsletter No. 6 (November 2002).
Theses
Howieson, J. Family Law Dispute Resolution: Procedural Justice and the Lawyer-Client Interaction: Thesis presented for the degree of Doctor of Philosophy, The University of Western Australia, October 2008
Howieson, J. Procedural Justice in Civil Court Mediation: A Report Submitted in Partial Fulfilment of the Requirements for the Bachelor of Arts (Psychology) Honours, Faculty of Community Studies, Education and Social Sciences, Edith Cowan University, December 2000.
Howieson, J. Perceptions of Procedural Justice and Legitimacy in Local Court Mediation: Thesis submitted in fulfilment of the requirements for LLB Honours, School of Law, Murdoch University, February 2002.

Conferences and Seminars
Howieson J (2013) Chair, Frameworks for Negotiation and Agreement Making, International Mining for Development Conference, held in Sydney, May 2013
Howieson J (2012) ‘Bringing the lawyers into Family Financial Mediations: protecting the clients, supporting the process and making use of evidence-based practice, paper presented at the15th National Family Law Conference, Hobart, October 2012
Howieson J and Drommer, M (2012) ‘Mentalizing in Mediation’, paper presented at the National Mediation Conference, held in Sydney, September 2012
Priddis L and Howieson J (2012) ‘Using constructive inquiry to build therapeutic processes in child protection, paper presented at World Association for Infant Mental Health 13th World Congress, held in Cape Town, 9th Feb, 2012
Howieson, J, Priddis L and Jackson J (2012), ‘Bringing the child into focus in Family Law, paper accepted for Association of Family and Conciliation Courts 49th Annual Conference, held in Chicago, June 6-9, 2012
Howieson J, Lewington M and Proud M (2012) ‘Creating the shift: Professionals and parents bringing the child’s perspective into dispute resolution processes (mentalizing/mindfulness), paper presented by Lewington and Proud at the Child Inclusive Practice Forum, held in Sydney, March 2012
Howieson J and Jackson J (2011) ‘Signs of Safety Lawyer Assisted Child Protection Mediation Pilot and Evaluation’ presentation at the International Signs of Safety Gathering Perth WA (May 2011)
Howieson J and Alexander N (2011) ‘Mastering the art and skill of procedural justice: creating the transformational shift to non-adversarial practice’ paper presented at the International Conference on Access to Non-Judicial Justice in Hong Kong, Oct 2011
Howieson, J and others (2011) ‘Others peoples back yard: Examples of Collaboration in other Jurisdictions’, paper presented at the Australian Institute of Judicial Administration Child Protection Conference, held in Brisbane, 5-7 May 2011
Howieson, J (2010) ‘Constructive conflict resolution for the constructed environment: incorporating alternative dispute resolution education into the curriculum’, paper presented at the International Conference on the Constructed Environment, held Venice, November 2010.
Howieson, J (2010) ‘ADR education: creating engagement and increasing mental well-being through an interactive and constructive approach’, paper presented at the 4th NADRAC Research Forum, held Brisbane, July 2010.
Howieson, J & Alexander, N. (2010) ‘From Nietzsche to Neuroscience: 3-dimensional models for mediator training and practice!’ paper presented at the 10th National Mediation Conference, held Adelaide, 7-9 September 2010.
Howieson, J, (2010) ‘Non-adversarial lawyering: What is it and do clients like it?’ paper presented at the Non-adversarial Justice Conference, held Melbourne, 4-7 May 2010.
Howieson, J, (2010) 'I am if you are': An interesting paradox in role-play case simulation training’, paper presented at the 19th Annual Teaching Learning Forum, held in Perth, 28-29 January 2010.
Howieson, J and Priddis, L, (2009) Keeping Babies in Mind in Family Dispute Resolution, paper presented at the 29th Annual ANZAPPL Congress held in Fremantle, 26-29 November 2009.
Howieson, J, (2009) Mediation education reflecting mediation practice: a synthesis of learning from the Harvard Mediation Pedagogy Conference and from research, paper presented at Kongress, LEADR conference held in Melbourne, September 2009.
Howieson, J and Rogers, D, (2009) What is it about me? What is it about mediation, paper presented at Kongress, LEADR conference held in Melbourne, September 2009
Howieson, J and Priddis, L, (2008) Keeping Babies in Mind in Family Dispute Resolution, paper presented at Legalwise Family Law Seminar – The Voice of the Child in Family Law Proceedings held in Perth, 26 November 2008.
Howieson, J, (2008) Family Law: procedural justice in the lawyer-client relationship and the course of the dispute resolution process, paper presented at the 9th National Mediation Conference held in Perth, September 2008.
Howieson, J, (2007) Family Law: the lawyer-client relationship, procedural justice and the dispute resolution process, paper presented at 3rd NADRAC Research Forum, held in Melbourne, July 2007.
Howieson, J. & Ford, W. (2007) Teaching and learning skills: Increasing a sense of law school belongingness paper presented at the 16th Annual Teaching Learning Forum, held in Perth 30-31 January 2007.
Howieson, J, (2002) The Justice of Court-connected Mediation, paper presented (by Chris Stevenson) at the LEADR 6th National Mediation Conference held in Canberra, September 2002.

Professional
Invited, Strengthening Knowledge-Sharing and Coordination of Negotiation Assistance for Developing Host Countries, New York 2014
Invited, Inaugural Tan Pan International Negotiation Symposium, held at Shue Yan University, Hong Kong, November 2013
Invited speaker, Asia-Pacific Mediation Forum, Hong Kong, 2012
Property Mediations, Legal Aid Summer Series, held at the Duxton Hotel, 27 February 2013
Family law mediation, presentation to Victorian Federal Magistrates, Family Court of Australia, Melbourne, 21 February 2013
Mentalizing for the Child, Voice of the Child workshop, held at Legal Aid, 26 November 2012
Negotiation Ethics, Law Society presentation, held at the Law Society, 31 March 2012.
Invited speaker, ADR roundtable, Melbourne, held at RMIT in Melbourne, January 2012
Civil Dispute Resolution Act, Law Society presentation, held at the Law Society, November 2011
Invited special lecturer, The professionalization of mediation: An Australian story, held at the International Institute of Conflict Engagement and Resolution, Hong Kong Shue Yan University, 27 October 2011
Key National ADR Principles, presentation at the 2011 Law Summer School, to be held 25 February 2011
Lawyers as Negotiators—the good news and the bad news, Law Society presentation, held at the Law Society, 10 February 2010
The main issues and/or research questions currently in ADR, panellist at the 4th NADRAC Research Forum, held Brisbane, July 2010
The lawyer-client relationship: procedural justice and approaches to dispute resolution, joint LEADR and IAMA presentation, networking meeting held at Jackson McDonald, 11 February 2009
Alternative Dispute Resolution, Department of Health, Clinical Psychology Professional Development presentation held at the University of Western Australia, 14 November 2008
The Psychology of Dispute Resolution, Australian Human Resources Industry presentation held at Blake Dawson Waldron, 20 April 2004
Mediation with and without lawyers: Do lawyers make a difference? Presentation at LEADR (West Australian Chapter) network meeting, 26 March 2002

Funding received
2012, Research Grant - Relationships Australia (WA) and Family Relationship Centres
2012, Research Grant – Western Australian Bar Association
2009, UWA Teaching Fellowship
2008, Improving Student Learning Grant - Embedding interest-based negotiation theory and skills in Contract Law
2008, National Mediation Conference Scholarship
Memberships
African Research Cluster
Transformative Justice Network
LEADR: Association of Dispute Resolvers
Supreme Court of Western Australia approved mediator.
Honours and awards
2013, ADR Practitioner of the Year
2008, National Mediation Conference Scholarship

Teaching
Dispute Resolution
Negotiation and Mediation
Alternative Dispute Resolution
Current external positions
WADRA (Western Australian Disptue Resolution Association)
Research profile
Research profile and publications
 

Ms Jeanette Jensen

Research Assistant
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Email
jeanette.jensen@uwa.edu.au
Research profile
Research profile and publications
 

Rebecca Johnston

Casual Teaching
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Email
rebecca.johnston@uwa.edu.au
Research profile
Research profile and publications
 
Philipp Kastner

Asst/Prof Philipp Kastner

Assistant Professor
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 7879
Fax
+61 8 6488 1045
Email
philipp.kastner@uwa.edu.au
Qualifications
LLM PhD McG.
Biography
Philipp joined the Faculty of Law as Assistant Professor in 2014. He holds graduate degrees in law from McGill University (LL.M. and D.C.L.) and the University of Innsbruck, Austria (Dr. iur.).
Key research
Philipp's main research interests include the resolution of armed conflicts, international criminal law, transitional justice, public international law, and legal pluralism.
Publications
BOOKS

International Criminal Law in Context (Routledge, 2017) (editor).

Legal Normativity in the Resolution of Internal Armed Conflict (Cambridge University Press, 2015).

International Criminal Justice in bello? The ICC between Law and Politics in Darfur and Northern Uganda (Martinus Nijhoff, 2012).

Arktische Meeresstrassen: Der völkerrechtliche Status der kanadischen Nordwest- und der russischen Nordostpassage im Vergleich [Arctic Straits: A Comparison of the Legal Status of the Canadian Northwest Passage and the Russian
Northeast Passage] (VDM, 2008).

JOURNAL ARTICLES

"Transitional Justice + Cyberjustice = Justice²?" (2017) 30(3) Leiden Journal of International Law 753-769.

"Domestic War Crimes Trials: Only for 'Others'? Bridging National and International Criminal Law" (2015) 39(1) UWA Law Review 29.

"Armed Conflicts and Referrals to the International Criminal Court: From Measuring Impact to Emerging Legal Obligations" (2014) 12:3 Journal of International Criminal Justice 471-490.

"Towards Internalized Legal Obligations to Address Justice and Accountability? A novel perspective on the legal framework of peace negotiations" (2012) 23 Criminal Law Forum 193-221.

"Africa - A Fertile Soil for the International Criminal Court?" (2010) 85:1-2 Die Friedens-Warte / Journal of International Peace and Organization 131-159.

"The ICC in Darfur – Savior or Spoiler?" (2007) 14:1 ILSA Journal of International and Comparative Law 145-188.

BOOK CHAPTERS

"International Law – Unrest in Peace? Navigating the Inclusivity-Exclusivity Continuum of Peace Negotiations" in Howon Jeong, ed, Conflict Intervention and Transformation: Theory and Practice (Rowman & Littlefield, forthcoming 2018).

"Addressing Masculinities in Peace Negotiations: An Opportunity for Gender Justice" in Rita Shackel and Lucy Fiske, eds, Rethinking Gender Justice: Transformative approaches in post-conflict settings (Palgrave, forthcoming 2018) (with Elisabeth Roy Trudel).

"Peace Agreements between Rupture and Continuity: Mediating Time in International Law" in León Castellanos Jankiewicz, Luca Pasquet and Klara Polackova van der Ploeg, eds, International Law and Time: Narratives and Techniques (Springer, forthcoming 2018).

"Hybrid Tribunals: Institutional Experiments and the Potential for Creativity within International Criminal Law" in Philipp Kastner, ed, International Criminal Law in Context (Routledge, 2017) 221-239.

"International Peace Mediators: The Normative Involvement of an Epistemic Community" in Holly Cullen, Joanna Harrington and Catherine Renshaw, eds, Experts, Networks, and International Law (Cambridge University Press, 2017) 70-92.

"International Legal Dimensions of the Northern Sea Route" in Marcus M. Keupp, ed, The Northern Sea Route (Springer, 2015) 39-52.

"International Legal Dimensions of Cyber Crime" in Nicholas Tsagourias & Russell Buchan, eds, Research Handbook on International Law and Cyberspace (Edward Elgar, 2015) 190-207 (with Frédéric Mégret).

BOOK REVIEW

Book Review: Illegal Peace in Africa: An Inquiry into the Legality of Power Sharing with Warlords, Rebels, and Junta by Jeremy I. Levitt (Cambridge University Press, 2012) (2012) Canadian Yearbook of International Law 633-40.
Languages
German, English and French; some Italian, Spanish and Latin; and basic knowledge of Arabic, Innu and Braille.
Teaching
Public International Law (LLB / JD)
International Criminal Law (Master of International Law)
Theory, Method and Contemporary Issues in International Law (Master of International Law)
Foundations of Public International Law (Master of International Law)
Law of the Sea (Master of International Law)
Selected Topics in Public International Law (JD)
Research profile
Research profile and publications
 

Miriam Kelly

Postgraduate Student (PhD)
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 2830
Fax
+61 8 6488 7918
Email
19752425@student.uwa.edu.au
 
Rick Krever

Professor Rick Krever

Professor
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 418 505 676
Email
rick.krever@uwa.edu.au
Biography
Professor Rick Krever is a leading taxation law and policy expert. He has been closely involved in modern Australian tax reform initiatives for many years, including in his roles as a member of the Commonwealth Government's Taxation Law Improvement Project Consultative Committee and the Review of Business Taxation (Ralph Review). Professor Krever has been a professor-in-residence at both the Australian Taxation Office and the Australian Treasury, and has twice been seconded to the International Monetary Fund. His international visiting professor positions include appointments at Osgoode Hall Law School, Erasmus University and Harvard Law School. Professor Krever has worked with a variety of international organisations including the United Nations, European Union, Asian Development Bank, and World Bank as a post-conflict and development specialist, providing assistance in tax law design and drafting in regional and other countries including East Timor, Tonga, Solomon Islands, Vietnam, China, Mongolia, Hong Kong, Argentina, Antigua and Barbuda, Sierra Leone, South Africa, Ghana, Yemen, Afghanistan, Pakistan, Bangladesh, Kosovo and Latvia.
Research profile
Research profile and publications
 
Ambelin Kwaymullina

Dr Ambelin Kwaymullina

Lecturer
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 6942
Fax
+61 8 6488 1045
Email
ambelin.kwaymullina@uwa.edu.au
Location
Rm 1.36 Law Link Building
Qualifications
LLB W.Aust.
Biography
I am Aboriginal law academic who comes from the Palyku people of the Pilbara region of Western Australia. As the Indigenous Advisor at the Law School of the University of Western Australia, I am responsible for mentoring Indigenous law students and for transforming law teaching and research spaces to be respectful and inclusive of Indigenous peoples, cultures and knowledges. I am also an award winning writer and illustrator and a commentator on diversity in Australian children's literature.

Key research
I have a broad range of research interests, reflecting my diverse background and areas of expertise. These interests include public law and all aspects of Indigenous interactions with Western legal actors and institutions, including across the areas of environmental law, Indigenous Cultural and Intellectual Property, and Indigenous legal systems. I also have expertise in ethical protocols relating to working with Indigenous peoples across the areas of research, Indigenous engagement, and the Arts.
Publications
NON FICTION

Kwaymullina, A. The Creators of the Future: Women, law and telling stories in Country, in Pat Dudgeon et al, Us Women, Our Ways, Our World, Magabala Books, 2017

Kwaymullina, A. Aboriginal nations, the Australian nation-state and Indigenous international legal traditions, in Irene Watson (ed), Indigenous Peoples as Subjects of International Law, Routledge, 2017

Kwaymullina, A, Kwaymullina, B, Butterly, L, Opportunity is there for the taking: legal and cultural principles to re-start discussion on Aboriginal heritage reform in WA, (2017) 91 Australian Law Journal 1

Kwaymullina, A. Recognition, referendums and relationships: Indigenous worldviews, constitutional change, and the ‘spirit’ of 1967 in Simon Young et al (eds), Constitutional Recognition of Australia’s First Peoples: Theories and Comparative Perspectives, Federation Press, 2016

Kwaymullina, A. The Stories We Tell: Law, Narratives and an Aboriginal Perspective on section 70 of the Western Australian Constitution, Studies in West Australian History, issue 30, 2016

Kwaymullina A, Kwaymullina B, Butterly L, Opportunity Lost: Changes to Aboriginal Heritage Law in Western Australia, Indigenous Law Bulleti 8(16) 2015 available online at http://www.ilc.unsw.edu.au/publications/indigenous-law-bulletin-816

Kwaymullina, A and Kwaymullina, B, Indigenous Holistic Logic: Aspects, Consequences and Applications, Journal of Australian Indigenous Issues, Volume 17, Number 2, June 2014

Edwards, M., Biloslavo, R., Kwaymullina, B., Kwaymullina, A. 2013, 'Big picture wisdom: Metatheorising ancient, scientific and indigenous wisdom perspectives for global environmental leadership', Journal of Spirituality and Leadership, vol 7, no 1, 2013, pp. 13-32

Kwaymullina, A, Kwaymullina, B and Butterly, L, 2013, Living Texts: A Perspective on Published Sources, Indigenous Research Methodologies and Indigenous Worldviews, International Journal of Critical Indigenous Studies, Vol 6, No. 1, available online at: http://www.isrn.qut.edu.au/publications/internationaljournal/documents/volume6_number1_13-Kwaymullina.pdf

Kwaymullina, B, Collins-Gearing, B, Kwaymullina, A and Pushman, T 2012, ‘Growing Up the Future: Children’s Stories and Aboriginal Ecology’, M/C Journal, Vol 15, No. 3

Kwaymullina, A, Kwaymullina, B and Morgan, S 2012, Reform and resistance: an indigenous perspective on proposed changes to the Aboriginal Heritage Act 1972 (WA), Indigenous Law Bulletin, Vol 8, Issue 1

Kwaymullina, B and Kwaymullina, A 2010, ‘Learning to Read the Signs: Law in an Indigenous Reality’, Journal of Australian Studies, Vol 34, Issue 2 pp. 195 – 208

Kwaymullina, A 2008 ‘A Land of Many Countries’, Heartsick for Country: Stories of Love, Spirit and Creation, Fremantle Press

Morgan, S and Kwaymullina, A 2007, ‘Solid Rock, Sacred Ground: Cultural Vandalism in the Pilbara’, Australian Feminist Law Journal, Vol 26

Kwaymullina, A 2007, ‘Living Together in Country: Creation, terra nullius and ‘the trouble with tradition’’, in Young, Simon The Trouble with Tradition: Native Title and Cultural Change, Federation Press

Kwaymullina, A 2007, ‘Country and Healing: An Indigenous Perspective on Therapeutic Jurisprudence’, in Reinhardt, G and Cannon, A, Transforming Legal Processes in Court and Beyond: A Collection of Refereed Papers from the 3rd International Conference on Therapeutic Jurisprudence, Australian Institute of Judicial Administration Incorporated, Melbourne

Morgan, S, Kwaymullina, A and Kwaymullina, B 2006, ‘Bulldozing Stonehenge: Fighting for Cultural Heritage in the Wild Wild West’, in Indigenous Law Bulletin, Vol. 6, Issue 20, pp 6 – 9

Kwaymullina, A 2005, ‘Seeing the Light: Aboriginal Law, Learning and Sustainable Living in Country’, in Indigenous Law Bulletin, Vol. 6, Issue 11, pp 13 – 15 available online at: http://www.austlii.edu.au/au/journals/ILB/2005/27.html

Kwaymullina, A and Banyard, R 2000, ‘Tradeable Water Rights Implementation in Western Australia’, Environmental Law and Planning Journal, Vol. 17, No. 4


Selected online commentary

Kwaymullina, A Telling the Real Story: Diversity in Young Adult Literature, The Conversation, 17 August 2015, online at:https://theconversation.com/telling-the-real-story-diversity-in-young-adult-literature-46268

Kwaymullina, A Let the stories in: on power, privilege and being an Indigenous writer, Wheeler Centre, Wheeler Centre, 12 June 2015, online at: http://www.wheelercentre.com/notes/let-the-stories-in-on-power-privilege-and-being-an-indigenous-writer

Kwaymullina, A, We Need Diverse Books Because: An Indigenous Perspective on diversity in young adult and children's literature in Australia, Wheeler Centre, 4 May 2015, available online at: http://www.wheelercentre.com/notes/we-need-diverse-books-because-an-indigenous-perspective-on-diversity-in-young-adult-and-children-s-literature-in-australia

Kwaymullina, A, Reflections on 'Rituals': An Indigenous Perspective on Process as Transformation, Chart Collective, January 2015, available online at: http://www.chartcollective.org/post/2015/2/10/reflecting-on-rituals

Kwaymullina, A, Walking Many Worlds: Aboriginal Storytelling and Writing for the Young, Wheeler Centre, 30 June 2014, available online at: http://www.wheelercentre.com/notes/e221876968a8/



FICTION

Novels

Kwaymullina, A 2015, The Foretelling of Georgie Spider, Walker Books, Australia

Kwaymullina, A 2013, The Disappearance of Ember Crow, Walker Books, Australia.

Kwaymullina, A 2012, The Interrogation of Ashala Wolf, Walker Books, Australia.

Kwaymullina, A 2009, ‘The Butterfly Birthday’, in Westerly, November 2009 pp 116 – 125

Morgan, S, Kwaymullina, A, Kwaymullina, B and Kwaymullina E 2012, Charlie Burr and the Cockroach Disaster, Little Hare Books, Sydney.

Morgan, S, Kwaymullina, A, Kwaymullina, B and Kwaymullina E 2011, Charlie Burr and the Great Shed Invasion, Little Hare Books, Sydney.

Morgan, S, Kwaymullina, A, Kwaymullina, B and Kwaymullina E 2011, Charlie Burr and the Three Stolen Dollars, Little Hare Books, Sydney.

Morgan, S, Kwaymullina, A, Kwaymullina, B and Kwaymullina E 2010, Stopwatch: The Land of Dragonay, Walker Books, Sydney.

Morgan, S, Kwaymullina, A, Kwaymullina, B and Kwaymullina E 2010, Stopwatch: The Land of Leeven, Walker Books, Sydney.

Morgan, S, Kwaymullina, A, Kwaymullina, B and Kwaymullina E 2009, Stopwatch: The Land of Kur, Walker Books, Sydney.

Morgan, S, Kwaymullina, A, Kwaymullina, B and Kwaymullina E 2009, Stopwatch: The Land of Mirthful, Walker Books, Sydney.

Morgan, S, Kwaymullina, A, Kwaymullina, B and Kwaymullina E 2009, Curly Saves Grandma’s House, Random House, Melbourne.

Morgan, S, Kwaymullina, A, Kwaymullina, B and Kwaymullina E 2008, Curly and the Fent, Random House, Melbourne.


Picture Books

Kwaymullina, A (illustrator) and Morgan, S (author), My Mum's Special Secret, Scholastic, 2016

Kwaymullina, A (illustrator) and Morgan, S (author), I Love Me, Fremantle Press, 2016

Kwaymullina, A (illustrator) and Morgan, S (author), Dream Little One Dream, Penguin, 2016

Kwaymullina, A (illustrator) and Morgan, S (author), Joey Counts to Ten, Hardie Grant Egmont, 2016

Kwaymullina, A (author) and Tobin, L (illustrator), November 2013, The Lost Girl, Walker Books, Australia.

Morgan, S (author) and Kwaymullina, A (illustrator), 2012, Bush Bash, Little Hare Books, Sydney.

Kwaymullina, A (author and illustrator) 2010, How Frogmouth Found Her Home, Fremantle Press, Fremantle.

Kwaymullina, A (author and illustrator) 2009, Caterpillar and Butterfly, Fremantle Press, Fremantle.

Kwaymullina, A (author and illustrator) and Kwaymullina, E (author) 2008, The Two-Hearted Numbat, Fremantle Press, Fremantle.

Kwaymullina, A (author and illustrator) 2007, Crow and the Waterhole, Fremantle Press, Fremantle.
Roles, responsibilities and expertise
LLB (Hons) University of Western Australia
Memberships
Member, Australian Institute of Aboriginal and Torres Strait Islander Studies

Affiliate Researcher, National Indigenous Research and Knowledges Network

Member, First Nations Australia Writers Network (FNAWN)
Honours and awards
TEACHING

2015: UWA Student Guild Student Choice Teaching Award

2012: Office for Learning and Teaching, Citation for Outstanding Contribution to Student Learning for excellence in teaching and innovative curriculum development in the area of Indigenous peoples and the law

2011: UWA Outstanding Contribution to Student Learning (Early Career) Teaching and Learning Award

LITERATURE

2015
Shortlisted, Speech Pathology Australia Book of the Year Awards, for The Lost Girl

Winner, Westchester Fiction Award (for The Interrogation of Ashala Wolf, US edition)

Shortlisted, West Australian Young Readers Book Awards, for The Lost Girl

2013

Shortlisted, Aurealis Awards, in the categories of Young Adult Novel and Science Fiction Novel, for The Interrogation of Ashala Wolf

Longlisted, Gold Inky Awards, for The Interrogation of Ashala Wolf

Included in the White Ravens List, for The Interrogation of Ashala Wolf

2011

Shortlisted, Deadly Awards (for Charlie Burr and the Three Stolen Dollars)

Children’s Book Council Notable Book (for How Frogmouth Found Her Home)

2009


Children’s Book Council Notable Book (for The Two-Hearted Numbat)

Shortlisted, Aurelius Awards (for Curly and the Fent)

2008

Children’s Book Council Notable Book (for Crow and the Waterhole)

Shortlisted, Crichton Award for New Illustrators (for Crow and the Waterhole)

Shortlisted, Queensland Premier’s Award (for Crow and the Waterhole)

Shortlisted, WA Premier’s Award (for Crow and the Waterhole)
Teaching
Ambelin is the Unit Coordinator of Administrative Law (LAWS5102) and Indigenous Peoples and the Law (LAWS2225).
Current external positions
Member, Reconciliation Action Board, Shell Australia

Editorial Committee, AlterNative: An International Journal of Indigenous Peoples

Board of Editorial Consultants, Westerly Magazine
Research profile
Research profile and publications
 
Jade Lindley

Dr Jade Lindley

Research Fellow
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 3437
Email
jade.lindley@uwa.edu.au
Biography
Dr. Jade Lindley joined the Law School in June 2016. She was previously a Research Analyst at the Australian Institute of Criminology and a researcher in West Australian state government. Jade consults to the United Nations and presented at the twenty-fifth session of the Commission on Crime Prevention and Criminal Justice in Vienna in May 2016. Jade was awarded her PhD from the Australian National University, with a period as a visiting scholar at the University of Cambridge Institute of Criminology.
Key research
Jade's research interests include transnational organized crime, regulation, terrorism and international law.
Publications
Lindley, Jade ‘Human Trafficking: Policing and Prosecution’ in Mitsilegas, Valsamis and Hufnagel, Saskia (eds.) Research Handbook on Transnational Crime (Edward Elgar Publishing, forthcoming).
Lindley, Jade and Techera, Erika J, ‘Controlling IUU fishing through Problem-Oriented Policing’ in Hufnagel, Saskia (ed.) Transnational Criminal Justice Book Series (Routledge Publishing, forthcoming).
Lindley, Jade and Techera, Erika J, ‘Using routine activity theory to explain illegal, unregulated and unreported fishing in the Indo-Pacific’ in Hufnagel, Saskia (ed.) Transnational Criminal Justice Book Series (Routledge Publishing, forthcoming).
Techera, Erika J and Lindley, Jade, ‘Motivators for IUU fishing in the Indo-Pacific’ in Hufnagel, Saskia (ed.) Routledge Criminal Justice Book Series (Routledge Publishing, forthcoming).
Lindley, Jade and Techera, Erika J, Overcoming Complexity in Illegal, Unregulated and Unreported Fishing to Achieve Effective Regulatory Pluralism’ (2017) 81 Marine Policy 71.
Techera E.J and Lindley J 2016. Curtailing Maritime Crime: Countries should look at multinational approaches to regulating and limiting illegal fishing, trafficking, smuggling and other sea crimes. Indo-Asia-Pacific Defense Forum.

Lindley J 2015. Somali Piracy: A Criminological Perspective, Routledge Publishing: London.

Lindley J 2014. Somali Piracy, 2002-2011: The Convergence of Routine Activity Theory and Regulatory Pluralism. Canberra: The Australian National University

Hutchings A & Lindley J, 2012. Australasian Consumer Fraud Taskforce: Results of the 2010 and 2011 online consumer fraud surveys. Technical and Background Paper. Canberra: Australian Institute of Criminology.

Lindley J, Jorna P & Smith RG 2012. Fraud against the Commonwealth 2009-10 annual report to government. Monitoring report no.24. Canberra: Australian Institute of Criminology.

Ball R, Beacroft L & Lindley J 2011. Australia’s Pacific Seasonal Worker Pilot Scheme: Managing vulnerabilities to exploitation. Trends and issues in crime and criminal justice no. 432. Canberra: Australian Institute of Criminology.

Lindley J & Beacroft L 2011. Vulnerabilities to trafficking in persons in the Pacific Islands. Trends and issues in crime and criminal justice no. 428. Canberra: Australian Institute of Criminology.

Lindley J & Putt J 2011. ‘The State of Criminology: Australia’ in Smith, C, Zhang, SX and Barberet R (eds) Handbook of International Criminology, Routledge Publishing

Lindley J & Smith RG 2011. Fraud against the Commonwealth 2008–09 annual report to government. Monitoring report no. 18. Canberra: Australian Institute of Criminology.

Lindley J & Davis K 2010. Pacific trafficking in persons forum outcome report. Canberra: Australian Institute of Criminology.

Joudo Larsen J, Lindley J & Putt J 2009. Trafficking in persons monitoring report July 2007-December 2008. Monitoring report no. 6. Canberra: Australian Institute of Criminology.

Lindley J 2008. People smuggling versus trafficking in persons: what is the difference? Transnational crime brief no. 2. Canberra: Australian Institute of Criminology.
Roles, responsibilities and expertise
*Course Coordinator Master of International Law
*Unit Coordinator, LAWS1111 Law, Conflict and Change
Memberships
*Perth International Law Journal Advisory Board Member
*Director Data Linkage and Evaluations, Centre for Indigenous Peoples and Community Justice
*Member of the Australian and New Zealand Society of Criminology
*Member of the African Research Cluster
*Member Australian and New Zealand Society of Criminology
*Member of the UWA Oceans Institute
Teaching
LAWS1110 Crime and Society
LAWS5225 Theory, Method and Contemporary Issues of International Law
LAWS1111 Law, Conflict and Change
Useful links
http://uwa.academia.edu/JadeLindley
New and noteworthy
Available for purchase, Somali Piracy: A Criminological Perspective from
https://www.routledge.com/Somali-Piracy-A-Criminological-Perspective/Lindley/p/book/9781472464569
Research profile
Research profile and publications
 
Dylan Lino

Dr Dylan Lino

Lecturer
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 3527
Email
dylan.lino@uwa.edu.au
Biography
Dylan joined the Faculty of Law in July 2016. He holds degrees in Arts and Law (with Honours) from the University of New South Wales, a Master of Laws from Harvard University and a PhD from Melbourne Law School. In 2015-16, he was a Graduate Program Fellow and Visiting Researcher at Harvard Law School. His PhD examined the constitutional recognition of Aboriginal and Torres Strait Islander peoples. A manuscript based on his PhD was awarded the Holt Prize in 2017, and will be published as a book by the Federation Press.
Key research
Dylan's main research interests are in Indigenous peoples' rights, constitutional law and theory, imperialism and legal history.
Publications
Copies of Dylan's publications can be found on SSRN.

JOURNAL ARTICLES
‘The Indigenous Franchise and Assimilation’ (2017) 48 Australian Historical Studies 363

'Towards Indigenous–Settler Federalism' (2017) 28 Public Law Review 118

‘Thinking Outside the Constitution on Indigenous Constitutional Recognition: Entrenching the Racial Discrimination Act’ (2017) 91 Australian Law Journal 381

‘Albert Venn Dicey and the Constitutional Theory of Empire’ (2016) 36 Oxford Journal of Legal Studies 751

‘What is Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples?’ (2016) 8(24) Indigenous Law Bulletin 3

‘Speaking Ill of the Dead: A Comment on Section 25 of the Constitution’ (2012) 23 Public Law Review 231 (with Megan Davis)

‘Replacing the Race Power’ (2011) 15(2) Australian Indigenous Law Review 58

‘The Politics of Inclusion: The Right of Self-Determination, Statutory Bills of Rights and Indigenous Peoples’ (2010) 34(3) Melbourne University Law Review 839

‘Constitutional Reform and Indigenous Peoples’ (2010) 7(19) Indigenous Law Bulletin 3 (with Megan Davis)

‘Monetary Compensation and the Stolen Generations: A Critique of the Commonwealth Labor Government’s Position’ (2010) 14(1) Australian Indigenous Law Review 18


SUBMISSIONS
Submission to the Referendum Council, 15 May 2017

Submission to the Expert Panel on Constitutional Recognition of Indigenous Australians, Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution, 30 September 2011

Submission to the Expert Panel on Constitutional Recognition of Indigenous Australians, Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution, 11 October 2011 (with the Centre for Comparative Constitutional Studies, Melbourne Law School)


OTHER PUBLICATIONS
'The Uluru Statement: Towards Federalism with First Nations' on AUSPUBLAW (13 June 2017) [https://auspublaw.org/2017/06/towards-federalism-with-first-nations/]

‘Constitutions and the Politics of Recognition: Some Australian Observations’ on I-CONnect: International Journal of Constitutional Law Blog (30 July 2014) [http://www.iconnectblog.com/2014/07/constitutions-and-the-politics-of-recognition-some-australian-observations]
Teaching
LAWS2225 Indigenous Peoples and the Law
LAWS4108 Foundations of Public Law
LAWS5182 Indigenous Peoples in International and Comparative Law
LAWS5227 Foundations of Law and Governance
Current external positions
Centre Associate, Indigenous Law Centre, UNSW

Editorial Panel Member, Australian Indigenous Law Review
Research profile
Research profile and publications
 

Dr Felicity Maher

Lecturer
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 3565
Email
felicity.maher@uwa.edu.au
Biography
Dr Felicity Maher is a Senior Lecturer at the University of Western Australia Law School where she teaches Equity & Trusts and Remedies and researches in the area of private law.
Before joining the UWA Law School in 2017 Felicity was in private practice for more than 15 years. She began her career as a solicitor at Mallesons Stephen Jaques in Perth. After study in Oxford, Felicity acted as Judicial Assistant to the Master of the Rolls, Lord Phillips, at the Court of Appeal in London. Felicity was then employed as an Assistant Parliamentary Counsel at the Parliamentary Counsel Office, London. In 2006, Felicity was called to the Bar in London and practised as a barrister at 3 Verulam Buildings, Grays Inn. In 2012, Felicity moved to the Sydney Bar and practised from Eleven Wentworth Chambers, before returning to Perth.
Key research
Felicity researches in the area of private law, including unjust enrichment, contract, equity, commercial remedies, banking and financial services law and insolvency. Her doctoral thesis examined the unjust factor failure of basis in the law of unjust enrichment.
Publications
'Key Authorities in Banking Law' (Sweet & Maxwell, 2013) (co-authored with other members of 3 Verulam Chambers)
'Banking Law Handbook' (Butterworths, 2008,2009 and 2010) (joint consultant editor with William Blair QC)
'Securities and Financial Services Law Handbook' (Butterworths, 2010) (co-edited with Deborah Sabalot)
'Lessons from Cukurova' [2008] 3(2) Capital Markets Law Journal 126 (co-authored with Dr Joanna Benjamin)
'A New Conception of Failure of Basis' [2004] Restitution Law Review 96
'Employers' Rights Over Plant: Cosslett in the House of Lords' (2002) 19(9) Building Law Monthly 1
'Judging the Judges' (1998) 23(4) Alternative Law Journal 185 (co-authored with Senator Andrew Murray)
Roles, responsibilities and expertise
BA, LLB (W. Aust), BCL, MPhil, DPhil (Oxon.)
Memberships
NSW Bar Association
Commercial Bar Association (UK)
London Common Law and Commercial Bar Association (UK)
Inner Temple
Financial Services Lawyers Association (UK)
Commonwealth Association of Legislative Counsel
Society of Legal Scholars
Honours and awards
Commonwealth Scholarship
Fulbright Postgraduate Award
Monckton Chambers Prize (Oxford Law School)
John Norman Barker Prize (best student, 3rd year LLB), Freehill Hollingdale and Page Prize (best student, 2nd year LLB), Minter Ellison Prize (Administrative Law), Consumers and the Law Prize, Remedies Prize, Harold H. Glass Memorial Prize (Torts) (UWA Law School)
Previous positions
- 1998-2001: Solicitor, Mallesons Stephen Jaques, Perth
- 2003: Judicial Assistant, Lord Phillips MR, Court of Appeal, London
- 2004-2006: Assistant Parliamentary Counsel, Parliamentary Counsel Office, London
- 2006-2011: Barrister, 3 Verulam Buildings, London
- 2012-2015: Barrister, Eleven Wentworth Chambers, Sydney
Teaching
Felicity teaches in Equity & Trusts (LAWS 5103)and is the Unit Coordinator for Remedies (LAWS 5105)
Current external positions
Associate Member, 3 Verulam Buildings Chambers, London
Reporter, New South Wales Law Reports
Research profile
Research profile and publications
 

Ms Deirdre Martin

Casual Teaching
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Email
deirdre.martin@uwa.edu.au
Research profile
Research profile and publications
 

Suzanne May

Research Officer
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Email
suzie.may@uwa.edu.au
Research profile
Research profile and publications
 
Jani McCutcheon

Assoc/Prof Jani McCutcheon

Associate Professor
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 2964
Fax
+61 8 6488 1045
Email
jani.mccutcheon@uwa.edu.au
Qualifications
BA LLB Monash, LLM W.Aust.
Biography
Jani teaches and researches in the areas of intellectual property law and is the Director of the Law School's Law and Society program. Her research focuses on copyright and moral rights, particularly in the context of literature and visual art. Jani obtained her LLB and a BA (Hons) in English Literature from Monash University, and a LLM by research from UWA which focused on the potential registration of non-traditional trade marks. Before joining UWA in 1999, she worked as a solicitor for Freehill, Hollingdale and Page, and a Legal Research Officer for a Member of the WA Legislative Assembly. Since joining UWA, Jani has from time to time worked part-time as a solicitor and as a consultant to specialist intellectual property law firms. She has published internationally in numerous peer-reviewed journals and presented her work at conferences and workshops in many countries. She has been a visiting scholar at Berkeley Law school.
Key research
- Intellectual Property Law
- literary characters and intellectual property law
- copyright
- moral rights
- trade marks
- literature and the law
- art and the law
- Internet Law
Publications
Jani has published a number of journal articles and book chapters:

Book chapters

1.McCutcheon, JL, ‘Bioart and Copyright’, E Bonadio and N Lucchi (eds) Unconventional Copyright (forthcoming, Edward Elgar, 2018)

Journal articles

2.McCutcheon, JL, ‘The Artistic Exemption in Hate Speech Regulation’ (submitted to the Law and Society Review, under consideration)
3.McCutcheon, JL and Skead, N, ‘The Art of Crime: Proceeds of Crime Legislation and Visual Art’ (submitted to Crime, Media and Culture, under consideration)
4.McCutcheon, JL, ‘Copyrighting Culture: Photography and the Public Domain’, Photography and Culture, (forthcoming 2019)
5.McCutcheon, JL, ‘Shape Shifters: Searching for the Copyright Work in Kinetic Living Art’ (forthcoming 2018, Journal of the Copyright Society of USA)
6.McCutcheon, JL, ‘Natural Causes: When Author Meets Nature in Copyright Law and Art. Some Observations Inspired by Kelley v Chicago Park District ’ (forthcoming, 2018, University of Cincinnati Law Review)
7.McCutcheon, JL, ‘Digital Access to Culture: Copyright in Photographs of Two Dimensional Art under Australian Copyright Law’ (2017) 7:4 Queen Mary Journal of Intellectual Property 416 - 443
8.McCutcheon, JL, ‘Dead Loss: Damages for Posthumous Breach of the Moral Right of Integrity’ (2016) 40(1) Melbourne University Law Review 240- 287
9.McCutcheon, JL and Holloway, S, ‘Whose Fair Dealing? Third Party Reliance on the Fair Dealing Exception for Parody or Satire” (2016) 27:2 Australian Intellectual Property Journal, 54-73
10.McCutcheon, JL, ‘Designs, Parody and Artistic Expression – a Comparative Perspective of Plesner v Louis Vuitton’, 2015 41(1) Monash University Law Review, 192-217
11.McCutcheon, JL, ‘Death Rights – Legal Personal Representatives of Deceased Authors and the Posthumous Exercise of Moral Rights’ (2015) 3 Intellectual Property Quarterly 242-266.
12.McCutcheon, JL, ‘The Honour of the Dead - The Moral Right of Integrity Post-Mortem’, 2014 (42) Federal Law Review 485-518
13.McCutcheon, J.L., “Curing The Authorless Void - Protecting Computer-Generated Works Following IceTV and Phone Directories”, (2013) 37(1) Melbourne University Law Review, 46-102.
14.McCutcheon, J.L., “The Vanishing Author In Computer-Generated Works - A Critical Analysis of Recent Australian Case Law” (2013) 36(3) Melbourne University Law Review, 915-969.
15.McCutcheon, J.L. “Perez v Fernandez – Australia’s First Decision on the Moral Right of Integrity” (2013) 23(3) Australian Intellectual Property Journal 174-186.
16.McCutcheon, J.L. ‘When Sweat Turns to Ice: The Originality Threshold for Compilations following IceTV and Phone Directories’ (2011) 22:2 Australian Intellectual Property Journal, pp 87-101
17.McCutcheon, J.L. ‘Too many stitches in time? The Polo Lauren Case, Non-Infringing Accessories and the Copyright/Design Overlap Defence’ (2009) 20:1 Australian Intellectual Property Journal, pp 39-52
18.McCutcheon, J.L. ‘The New Defence Of Parody or Satire Under Australian Copyright Law’, (2008) 2 Intellectual Property Quarterly 163
19.McCutcheon, J.L. ‘Property in Literary Characters: Protection under Australian Copyright Law’ (2007) 29:4 European Intellectual Property Review pp 140-151 (winner of IPSANZ Essay prize 2006).
20.McCutcheon, J.L. ‘Search and Ye Shall Infringe? Current issues Concerning the Use and Abuse of Trade Marks in Cyberspace’ (2006) l7:2 Australian Intellectual Property Journal, pp 99-113
21.McCutcheon, J.L. ‘How Many Colours in the Rainbow? The Registration of Colour per se under Australian Trade Mark Law’ (2004) 26:1 European Intellectual Property Review, pp 27-33
22.McCutcheon, J.L. ‘Monopolised Product Shapes and Factual Distinctiveness Under s 41(6) of the Trade Marks Act 1995 (Cth)’ (2004) l5:1 Australian Intellectual Property Journal, pp 18-33
23.McCutcheon, J.L. ‘The Registration of Sounds and Scents Under Australian Trade Mark Law’, (2004) 2 Intellectual Property Quarterly, pp 138-172
24.McCutcheon, J.L. ‘Rectification of the Trade Marks Register on Grounds Existing at the Time of Application to Rectify - an Analysis of Sections 88(2)(a) and (c) and 89 of the Trade Marks Act 1995 (Cth)’, (2002) 13:4 Australian Intellectual Property Journal, pp 199-217
Non-refereed publications

McCutcheon, JL ‘Where The Wild Things Aren’t: Sendak Sequel Stymied By US Copyright Law’, The Conversation , 13 July 2013
Roles, responsibilities and expertise
Jani is Director, Law and Society and is an elected Member of the UWA Academic Board, a member of the Law School Executive, Teaching and Learning Committee and Honours and Advanced Legal Research Committee. She is a co-director, Applied Intellectual Property Research Network, and a Member of the Law School's Law and Society Research Network.
Future research
Jani is currently writing a book, to be published by Edward Elgar in 2019, on Literary Characters in Intellectual Property Law.

Jani also has a number of projects and future papers she will undertake, including:

Writing in progress:

- Art in Law: Law in Art (edited volume)
- 'When Words Become Art: the Picturisation Right Under Copyright Law’
- ‘On The Nullians’
- ‘Works of Fiction: The Misconception of Literary Characters as Copyright Works’
- ‘Emotions, Remedies, and Intellectual Property Law’ (Remedies Forum, France, June 2018)
- ‘Feeling Art: Australian Copyright Law’s Disability Exceptions and their Application to 3D Printing of 2D Art’ (Feeling Art International experts Workshop, University of Maastricht, June 2018)
- ‘Copyright and Illustrated Fiction in the 19th C’
- ‘Contextual Infringement of the Moral Right of Integrity’
- ‘The Moral of the Story: Literary Appropriation, the Authorial Message and Harm in Moral Rights’
- ‘Literary Appropriation, the Adaptation Right and Transformative Use’
- ‘Do Australian Authors Have a Sequel Right?’
- ‘Literary Characters and the Public Domain’

Future projects:

Feeling Art, Interrogating Intellectual Property Rights Exceptions for 3D Printing of 2D Art to Facilitate Access by the Visually Impaired

'Law in Art Symposium', September 2018, with Lawrence Wilson Art Gallery and the UWA Institute of Advanced Studies. Contemporary artists engaging with law as subject matter will discuss their work with a panel of interlocutors


Future Conferences and workshops:

- Remedies Forum, Aix en Provence, France (June 2018): Emotions, Remedies, and Intellectual Property Law (with Robyn Carroll)

- Feeling Art: Disability Exceptions and their Application to 3D Printing, International experts Workshop, University of Maastricht, June 2018


Funding received
Awarded grants:
1.Jani McCutcheon CI, ‘Feeling Art: Enhancing Disability Access to Artistic Works – International Experts Workshop’, Maastricht University Law School travel grant (€1600, 2018)
2.Jani McCutcheon CI, ‘A Pilot Study Ascertaining The Extent Of Intellectual Property Law Teaching To Australia’s Future Creators And Innovators’ Law School Teaching-Research Nexus grant, (2017, $2500)
3.Jani McCutcheon CI, Art in Law in Art Conference, key note speaker travel grant, Ian Potter Foundation, $2700 (2017)
4.Jani McCutcheon CI, Art in Law in Art Conference support grant, Perth Convention Bureau, $1000, 2017
5.Jani McCutcheon CI, numerous Law school internally funded competitive sabbatical and travel research and conference grants (2006 – 2017 totalling more than $25,000)
6.Jani McCutcheon CI, ‘Old Law, New Art: the Dissonance between Copyright and Contemporary Art’, UWA Research Development Office ARC Discovery Project research development grant , $2000 (2013)
7.Jani McCutcheon CI, research publication support grant, Faculty of Economics, Commerce, Education and Law, $2500 (2002).
Languages
some proficiency in French
Memberships
* Intellectual Property Society of Australia and New Zealand
* Law Society of Western Australia
* History of Law and Emotions Research Cluster, ARC Centre of Excellence for the History of Emotions
* Copyright Society of Australia
* International Literary and Artistic Association (Association Littéraire Et Artistique Internationale)
* International Association for the Advancement of Teaching and Research in Intellectual Property (ATRIP)
* Society for Literature, Science, and the Arts
Honours and awards
Intellectual Property Society of Australia and New Zealand Essay Prize 2006
Previous positions
- Solicitor, Freehill Hollingdae and Page
- Legal Research Officer for a Member of the WA Legislative Assembly
Teaching
Jani teaches Intellectual Property Law in the LLB and at post graduate level in the JD and LLM, Marketing Management and the Law (an undergraduate unit offered in the Business Law Major), and Creative Expression and the Law, an undergraduate unit offered in the Law and Society Major.
Current external positions
Member, Law Society of Western Australia's Intellectual Property and Technology Committee
Useful links
View my research on my SSRN Author page: http://ssrn.com/author=732002
New and noteworthy
Jani convened a very successful Law School conference, Art in Law in Art during 4-5 July 2017, an international multi-disciplinary conference exploring the broad themes of how law perceives art, and how art perceives law, which was held at the Art Gallery of Western Australia.

2017 presentations:
'Emotions and Intellectual Property Law', Emotions and the Law interdisciplinary workshop, Faculty of Arts, Business, Law and Education

'The Arts, the Law, and Freedom of Expression (with One Eye on That Cartoon), Talking Allowed series, Lawrence Wilson Art Gallery and Institute of Advanced Studies




Current projects

Books/monograph:

Literary Characters in Intellectual Property Law (Edward Elgar, 2019)

Projects:

The IP Awareness Project: How IP Savvy Are Australia's Creators and Innovators? Jani recently received a UWA Law School teaching-research Nexus grant to gain insight into the teaching of intellectual property law in Australian tertiary institutions.

Jani is also currently drafting a number of grant applications concerning disability exceptions and visual art.



Research profile
Research profile and publications
 
Teresa McGaughey

Dr Fiona McGaughey

Lecturer
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 5087
Email
fiona.mcgaughey@uwa.edu.au
Biography
Fiona graduated from the Queen's University of Belfast with a Bachelors degree in Law with French, with honours. She also has a Masters degree in Human Rights and a PhD on the role of Non-governmental Organisations (NGOs) in monitoring international human rights law. Fiona initially worked in the private sector as a management consultant, before moving to semi-state and not-for-profit research and policy roles, which she did for over ten years in Australia and Ireland. She has predominantly worked in the areas of disability and racial equality. During this time she held a number of positions including membership of Government steering and advisory groups and voluntary Board memberships. She was the Irish National Focal Point for the European Fundamental Rights Agency from 2005-2008. Fiona previously taught on the Masters programme at the Centre for Human Rights Education, Curtin University. She began her PhD at the University of Western Australia in 2014 and took up a lecturing position in 2016.
Key research
- Researching the role of NGOs in monitoring international human rights law with a comparative analysis of United Nations treaty bodies and the Human Rights Council's Universal Periodic Review.
- Researching business and human rights, including 'modern slavery'.
Publications
Published and Accepted Peer-review Publications:
Fiona McGaughey, Tamara Tulich and Harry Blagg, 'UN Decision on Marlon Noble case - imprisonment of an Aboriginal man with intellectual disability found unfit to stand trial in Western Australia’ (2017) 42(1) Alternative Law Journal 67.
Fiona McGaughey, ‘The Role and Influence of Non-governmental Organisations in the Universal Periodic Review – International Context and Australian Case Study’, (2017) Human Rights Law Review 421.
Fiona McGaughey,'Irish Travellers and teenage pregnancy, a feminist cultural relativist analysis' in Annelies Kamp & Majella McSharry (ed.s) Re/Assembling the Pregnant and Parenting Teenager (Peter Lang, 2017)
Fiona McGaughey, 'Advancing, retreating or stepping on each other’s toes? The Role of Non-Governmental Organisations in United Nations Human Rights Treaty Body Reporting and the Universal Periodic Review', Australian Yearbook of International Law (forthcoming).

Peer-review Publications Under Review:
Fiona McGaughey, 'Minding the Gaps: Non-governmental Organisations and United Nations Human Rights Treaty Bodies. A Case Study of the Committee on the Elimination of Racial Discrimination and Australia.' International Journal of Group and Minority Rights.
Fiona McGaughey, 'The Role of Non-Governmental Organisations in Monitoring International Human Rights Law in United Nations State Reporting Mechanisms: a Functional Taxonomy'.
Lisa Hartley & Fiona McGaughey, 'Using online and face-to-face simulations in human rights tertiary teaching: A comparative analysis'.

Teaching resources:
Banki, S., Stubbs, M., Rice, S., Duffill, P., Hartley, L., McGaughey, F., Kerdo, P. P., Orchard, P., and Berg, L. (2016). Social Justice Simulations: Social Justice Exercise Manual. Australian Government Office for Learning and Teaching
Banki, S., Stubbs, M., Rice, S., Hartley, L., McGaughey, F., Kerdo, P. P. , Orchard, P., Berg, L., and Duffill, P. (2016). Social Justice Simulations: Social Justice Case Studies. Australian Government Office for Learning and Teaching

Conference papers:
Fiona McGaughey, 'Analysing the Role of Non-Governmental Organisations in Monitoring International Human Rights Law'. Delivered at the Law and Society Association Australia and New Zealand Annual Conference, Brisbane, December 2016.
Fiona McGaughey, 'The backdoor to the United Nations: NGOs’ role in human rights treaty body monitoring'. Delivered at AHRI Conference, Copenhagen 2014 “Human Rights under Pressure: Exploring norms, institutions and policies".

Articles in The Conversation / Blogs:
"New deal on torture a step in the right direction for Australia's human rights law". Available at: https://theconversation.com/new-deal-on-torture-a-step-in-the-right-direction-for-australias-human-rights-law-72748
"UN puts Australia on the spot over human rights record". Available at: https://theconversation.com/un-review-puts-australia-on-the-spot-over-human-rights-record-50389
Co-authored with Mary Anne Kenny "Lashing out at the UN is not the act of a good international citizen." Available at:
//theconversation.com/lashing-out-at-the-un-is-not-the-act-of-a-good-international-citizen-38587
"Explainer: Why is the UN reviewing Australia's record on torture?". Available at: https://theconversation.com/explainer-why-is-the-un-reviewing-australias-record-on-torture-34015
"Reflections on the General Assembly’s Recent Resolution on Human Rights Treaty Body Reform", Australian National University's 'Regarding Rights' Blog. Available at:
http://asiapacific.anu.edu.au/regarding-rights/2014/04/18/1321/

Other publications, including NGO publications, are available here: https://uwa.academia.edu/FionaMcGaughey
Roles, responsibilities and expertise
Fiona is the Law School's Director of Higher Degrees (Coursework) at the University of Western Australia.
She was Acting Director of the Law and Society Major at the University of Western Australia from July - December 2016.
Funding received
Fiona was part of an Australian Government Office of Learning and Teaching grant on social justice simulations. This was in her previous role at the Centre for Human Rights Education, Curtin University, along with partners from six other universities and led by University of Sydney. Visit: http:http://sydney.edu.au/arts/research/global_social_justice_network/simulation/index.shtml
Industrial relevance
Fiona has extensive experience of working in and consulting to the Not-for-Profit sector. She has particular expertise in reporting to United Nations human rights bodies, both in practice and as a researcher.
Languages
Fiona speaks English, French and Irish.
Memberships
Convenor of Human Rights Academics Network (WA)
Member of Australian Corporate Accountability Network (ACAN)
Member of UWA's Modern Slavery Research Network
Member of UWA's International Law Research Hub
Honours and awards
- Awarded an excellence and innovation in teaching team award, Curtin University Department of Humanities, 2015.
- Inaugural winner of the Graduate Women WA Leah Jane Cohen Bursary for research in the law or social justice, 2014-2017.
- Recipient of Australian Postgraduate Award 2014-2016.
- Recipient of UWA Law Internal Research Grant: Conference Travel, 2016.
Previous positions
- Sessional lecturer, Centre for Human Rights Education, Curtin University.
- Senior Policy Officer, National Disability Services, WA.
- Research & Policy Officer, National Consultative Committee on Racism & Interculturalism, Ireland.
- Project Officer, Equal Opportunity Commission, WA.
- Manager (previously consultant) with Deloitte Touche Tohmatsu, WA and Accenture, Ireland.
Teaching
Unit Co-ordinator:
LAWS5226 International Human Rights Law
LAWS5225 Theory, Method and Contemporary Issues of International Law
LAWS2226 International Legal Institutions
Teaching into LAWS2224 Evolution of Human Rights, LAWS1111 Law, Conflict & Change
Research profile
Research profile and publications
 
Brenda McGivern

Dr Brenda McGivern

Senior Lecturer/Deputy Dean
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M213)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 1814
Fax
+61 8 6488 1045
Email
brenda.mcgivern@uwa.edu.au
Qualifications
BCom LLB Murd., PhD Tas.
Research profile
Research profile and publications
 
Ian Murray

Mr Ian Murray

Senior Lecturer
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 8520
Fax
+61 8 6488 1045
Email
ian.murray@uwa.edu.au
Qualifications
BSc LLB W.Aust., LLM(Taxation) NSW
Biography
Ian is a Senior Lecturer in the UWA Law School where he teaches in Taxation and Not-for-profit Law, as well as researching in the areas of Resources Taxation and the intersection between Not-for-profit Law, Tax and Corporate Governance. Ian has a number of years’ experience as a practitioner advising on not-for-profit tax issues and on resource and energy industry tax issues. He also has practical experience in the regulatory and governance issues faced by not-for-profits, having been a not-for-profit board member, including chairperson, for over 5 years and having worked as an in-house lawyer at the University of Western Australia.
Key research
Accumulation of Income by Not-for-profits
Outsourcing of government functions to not-for-profits
Development of analytical tools to review native title asset management structures
The intersection between not-for-profit law and tax and corporate governance
Publications
PEER REVIEWED ARTICLES
I Murray, 'The Taming of the Charitable Shrew: State Roll Back of Charity Tax Concessions' (2016) 27(1) Public Law Review 54-75 http://ssrn.com/abstract=2990159

I Murray and N Sharkey, 'Reinventing Administrative Leadership in Australian Taxation: Beware the Fine Balance of Social Psychological and Rule of Law Principles’ (2016) 31(1) Australian Tax Forum 63-97

I Murray, ‘Public Benevolent Institutions for Native Title Groups: An Underappreciated Model?’ (2015) 43(3) Federal Law Review 423-54 http://ssrn.com/abstract=2990169

I Murray, 'Charity Accumulation: Interrogating the Conventional View on Tax Restraints' (2015)37(4)Sydney Law Review 541-68 http://sydney.edu.au/law/slr/slr_37/slr37_4/SLRv37n4Murray.pdf

I Murray, ‘The Minerals Resource Rent Tax is Dead, Long Live Resource Rent Taxes?’ (2015) 40(1) UWA Law Review 111-37 http://www.law.uwa.edu.au/uwalr/issues/2015-volume-40-issue-1

I Murray and S Wright ‘The Taxation of Native Title Payments for Indigenous Groups and Resource Proponents: Convergence, Divergence and Reform’ (2015) 39(2) University of Western Australia Law Review 99-149 http://www.law.uwa.edu.au/__data/assets/pdf_file/0011/2795573/The-Taxation-of-Native-Title-Payments-for-Indigenous-Groups-and-Resource-Proponents.pdf

I Murray, ‘Accumulation in Charitable Trusts: Australian Common Law Perpetuities Rules’ (2015) 9(1) Journal of Equity 30-65 http://ssrn.com/abstract=2996870

N Sharkey and I Murray, 'The Rule of Law and Leadership in Substitution and in Conflict: Social Psychological and Legal Perspectives on Chinese Tax Administration' (2015) 30(3) Australian Tax Forum 595-625 http://ssrn.com/abstract=2666329

I Murray, 'Accumulation in Charitable Trusts: Australian Statutory Perpetuities Rules' (2014) 8(2) Journal of Equity 163-95 http://ssrn.com/abstract=2996872

I Murray and N Sharkey, 'Chinese Investment in Australian Resources: Can the Legal Debt/Equity Distinction Still Create Windfalls and Impediments?' (2014) 29(4) Australian Tax Forum 667-714 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2539935

I Murray, ‘The Australian Charities and Not-for-profits Commission: Reform or Un-reform?’ (2014) 17 Charity Law & Practice Review 151-71 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2686419

I Murray, ‘Not-for-profit Reform: Back to the Future?’ (2014) 20(1) Third Sector Review 109-39

I Murray, 'Native Title Tax Reforms: Bull's Eye or Wide of the Mark?' (2013) 41(3) Federal Law Review 497-524 http://ssrn.com/abstract=2446342

I Murray 'Fierce Extremes: Will Tax Endorsement Stymie More Nuanced Enforcement by the Australian Charities and Not-For-Profits Commission?'(2013) 15(2) Journal of Australian Taxation 233-278 http://69.195.124.80/~jausttax/past-issues/volume-15-issue-2/

I Murray, 'The tax treatment of farmouts: Do rulings MT 2012/1 and MT 2012/2 chart a path to revenue Nirvana or Hades?' (2013) 42(1) Australian Tax Review 5-32 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2413386

I Murray, ‘Looking for Direct Assistance in the Phrase “Public Benevolent Institution”: Time to Abandon the Search’ (2012) 35(1) UNSW Law Journal 103 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2211936

I Murray, ‘Charity Means Business - Commissioner of Taxation v Word Investments Ltd’ (2009) 31(2) Sydney Law Review 309-29 http://sydney.edu.au/law/slr/slr31/slr31_2/Murray.pdf

BOOKS AND BOOK CHAPTERS

‘Nudging Charities to Balance the Needs of the Present Against those of the Future’ in Ron Levy et al (eds) New Directions in Law Reform for Australia (ANU Press, forthcoming)

Understanding Taxation Law 2017 (LexisNexis, 2017) 1-1322, co-authored with John Taylor, Michael Walpole, Mark Burton and Tony Ciro


NON-PEER REVIEWED PRACTITIONER ARTICLES

I Murray et al, ‘Rethinking ‘Land’ After TEC Desert – Stamp Duty and Other Implications for Australian Asset and Share Sales’ (2011) 9(2) Tax Planning International: Indirect Taxes 11

L Hertzman and I Murray, ‘Australian CGT and Foreign Residents: Giving with One Hand and Taking with the Other’ (2006) 33(11) Tax Planning International Review 7
Roles, responsibilities and expertise
Director - Research Assessment, Impact and Engagement
Memberships
Fellow, Tax Institute of Australia
Member, Centre for Mining, Energy and Natural Resources Law
Member, Australian Charity Law Association
Member, Law Society of Western Australia
Member, Australasian Tax Teachers Association
Member, Australian Mining and Petroleum Law Association
Honours and awards
2017 Graduate School of Education and UWA Law School Teaching and Service Award for Outstanding Contribution to Student Learning - Unit Development
John Norman Barker Prize in Law (2001) at the University of Western Australia
Previous positions
Ian has worked as a lawyer at Ashurst Australia (formerly Blake Dawson) from 2003 to the present, specialising in Tax. Prior to joining the Law Faculty, Ian also undertook sessional lecturing at Murdoch University in Tax and has worked as part of the University of Western Australia's Legal Services Team.
Teaching
Legal Issues for Not-for-profit Entities LAWS3313 /LAWS5813
Income Taxation Law LAWS3362 / LAWS5132
Resources Taxation LAWS5239
Taxation Law LAWS2206
Current external positions
Committee Member, Law Council of Australia Not-for-profit Legal Practice and Charities Committee
Committee Member, Australian Charities and Not-for-profits Commission Professional User Group
Consultant, Ashurst Australia
Committee Member, Tax Institute of Australia Not-for-profit Tax Policy Committee
Current projects
Restraints on accumulation of income by not-for-profits
Outsourcing to not-for-profits
Native title asset management structures
Research profile
Research profile and publications
 
Sarah Murray

Assoc/Prof Sarah Murray

Deputy Head of School (C&E)
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 3411
Fax
+61 8 6488 1045
Email
sarah.murray@uwa.edu.au
Qualifications
BA LLB W.Aust., PhD Monash
Biography
Dr Sarah Murray is an Associate Professor at the University of Western Australia and the Deputy Head of School, Community & Engagement where she teaches Constitutional Law and researches in the areas of Public Law and legal institutional change. She is the Western Australian Convenor and a co-opted Council Member of the Australian Association of Constitutional Law and a co-Convenor of the Electoral Regulation and Research Network. She has published widely, including editing the 2010 book, Constitutional Perspectives on an Australian Republic - Essays in Honour of Professor George Winterton (Federation Press). Her PhD thesis, ‘Less-Adversarial Practice & The Constitutional Role of the Judiciary in Australia’, was awarded the 2011 Mollie Holman Doctoral Medal for Law by Monash University and was published as a monograph, "The Remaking of the Courts - Less-Adversarial Practice and the Constitutional Role of the Judiciary in Australia", by Federation Press in 2014. She is a co-author of "Winterton's Australian Federal Constitutional Law" (2014, Thomson) and has also published public law scholarship across a range of Australian and international journals.
Key research
Dr Sarah Murray researches in the areas of public law, institutional change and less-adversarial justice and has a particular interest in the intersection of Chapter III of the Commonwealth Constitution and less-adversarial curial processes.
Her Law Honours thesis was awarded the Mallesons Stephen Jaques prize and was entitled "Judicial Review of Migration Decisions - Ousting the Hickman Privative Clause”.
She completed her PhD at Monash University on the topic "Less-Adversarial Practice and the Constitutional Role of the Judiciary in Australia". Her thesis was awarded a 2011 Mollie Holman Doctoral Medal by Monash University and she is the recipient of a 2015 IAS Distinguished Early Career Fellowship
Publications
BOOKS/EDITED COLLECTIONS/EDITORIAL ROLES

"Regulating Preventive Justice - Principle, Policy and Paradox" (2017, Routledge) (co-edited with Tamara Tulich, Rebecca Ananian-Welsh and Simon Bronitt)

"The Constitution of the Commonwealth of Australia – History, Principle and Interpretation" (CUP, 2015) (co-authored by Nicholas Aroney, Peter Gerangelos, Sarah Murray and James Stellios).

"The Remaking of the Courts: Less-Adversarial Practice and the Constitutional Role of the Judiciary in Australia" (Federation Press, 2014): https://www.federationpress.com.au/bookstore/book.asp?isbn=9781862879409

"Winterton's Australian Federal Constitutional Law - Commentary & Materials" (2013, 3rd ed, 2017, 4th ed) with Peter Gerangelos, HP Lee, Nicholas Aroney, Simon Evans and Patrick Emerton.

2013 Special Issue Co-Editor of the University of Western Australia Law Review - 'The Western Australian Constitution - An Evolving Story'

'New Dimensions of Federalism in Australia' (2011) 6:1/2 Public Policy (Special Double Issue) (Sarah Murray, ed)

'Constitutional Perspectives on an Australian Republic - Essays in Honour of Professor George Winterton' (Federation Press, 2010)


ARTICLES/CHAPTERS

'The High Court on Constitutional Law: The 2016 Term' University of New South Wales Law Journal Forum (forthcoming)

'“The People” as a Source of Constitutional Principle - The Australian Constitution and the Contours of Representative Government'(2017) 29 Singapore Academy of Law Journal 882-902.


'The Innovative Magistrate and Legitimacy - Lessons for a Mobile "Solution Focused" Model' (2017) 40(2) University of New South Wales Law Journal (with Tamara Tulich and Harry Blagg) 897-919

'Preventive Justice, the Courts and the Pursuit of Legitimacy' in Tamara Tulich, Rebecca Ananian-Welsh, Simon Bronitt and Sarah Murray (eds),
"Regulating Preventive Justice - Principle, Policy and Paradox" (2017, Routledge) 195-210.

‘Confusion in the Labyrinth’: Section 70, the Constitution and Societal Change' in Ann Curthoys and Jane Lydon (eds),
Governing Western Australian Aboriginal People: Section 70 of WA’s 1889 Constitution’ (2016) 30 Studies in Western Australian History 121-130.

'Professor Peter Walter Johnston: A Tribute to a True Scholar, Advocate for Justice and Friend' in Ann Curthoys and Jane Lydon (eds),
Governing Western Australian Aboriginal People: Section 70 of WA’s 1889 Constitution’ (2016) 30 Studies in Western Australian History 9.

'Courts, Judicial Review and the Electoral Process in Australia: An Antipodean Perspective' in Po Jen Yap (ed), "Judicial Review of Elections in Asia" (Routledge, 2016) https://www.routledge.com/products/9781138950283

'Breadth, Depth and Form? Pitching Constitutional Law Content in the Classroom' (2015) 2 Legal Education Review 317-330.

Natalie Skead and Sarah Murray, 'The Politics of Proceeds of Crime Legislation' (2015) 38(2) University of New South Wales Law Journal 455-491.

'‘A Letter to the Loser’? Public Law and the Empowering Role of the Judgment' (2014) 23(4) Griffith Law Review 545-568.

'Dual federal and State judicial appointments: An Australian Impossibility?' (2014) 25 Public Law Review 284-302.

'Giving Chapter III Back its Constitutional Mojo - Lessons from State Courts and Beyond' (2014)40(1) Monash University Law Review 198-227.

Natalie Skead, Sarah Murray and Penny Carruthers, 'Taking up the challenge: embedding, mapping and maintaining threshold learning outcomes in the transition to the JD – the UWA experience' (2013) 47(2) The Law Teacher 130-158.

S Murray and J A Thomson, ‘A Western Australian Constitution?: Documents, Difficulties and Dramatis Personae’ (2013) 36(2) University of Western Australia Law Review 1-47.

‘Australian State Courts and Chapter III of the Commonwealth Constitution – Interpretation and Re-Interpretation and the Creation of Australian Constitutional “Orthodoxy”’ (2012) 24 Giornale di Storia Costituzionale 145-158

Arie Freiberg and Sarah Murray, 'Constitutional Perspectives on Sentencing: Some Challenging Issues' (2012) 36 Criminal Law Journal 1-34.

'Forcing Parliamentary Rollback - High Court Intervention in Australian Electoral Legislative Reform' (2012) 11(3) Election Law Journal 316-330.

‘State Initiation of Section 128 Referenda’ in Paul Kildea, Andrew Lynch and George Williams (eds), Tomorrow’s Federation (Federation Press) (2012) 332-349. http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862878228

'The Future of Australia and its Connections with the United Kingdom: from Monarchy to Republic?' ['L'Avenir de l'Australie et de ses relations avec le Royuame-Uni: de la Monarchie a la Republique?'] (2012) Pouvoirs 91 (translated into French by Isabelle Richet).

'Constitutional Musings on Clarke and Austin' (2011) 6:1/2 Public Policy (Special Issue) 121-132.

'Foreword' (2011) 6:1/2 Public Policy (Special Issue)1-2.

Simon Young and Sarah Murray, ‘An Elegant Convergence? The Constitutional Entrenchment of Jurisdictional Error Review in Australia’ (2011) 11:2 (Winter) Oxford University Commonwealth Law Journal 117.

'The Minimalist Winterton Model' in S Murray (ed), 'Constitutional Perspectives on an Australian Republic - Essays in Honour of Professor George Winterton' (Federation Press, 2010) 42.

'Keeping it in the Neighbourhood? Neighbourhood Courts in the Australian Context' (2009) 35 Monash University Law Review 74-95 (http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1845047).

'To Judge is "to Sleep Perchance to Dream: Ay, There's the Rub"' (2008) 33(3) Alternative Law Journal 151-154.

‘Back to ABC after XYZ: Should We Be Concerned About ‘International Concern’?’ (2007) 35(2) Federal Law Review 317.

'Judicial Review of Migration Decisions: Ousting the Hickman Privative Clause?' (2002) 26 Melbourne University Law Review 537.

Co-authored book chapter with K Auty, 'One Indigenous Woman and What 'Her' Jury Did Not Hear' in Auty, Kate & Toussaint, Sandy (eds), 'A Jury of Whose Peers? The Cultural Politics of Juries in Australia', Crawley, University of Western Australia Press, (2004).

CONFERENCE PAPERS

‘Commentary on “The State of State Immunity – Clarke and the Austin Reformulation’ (Power & Politics: New Dimensions of Federalism in Australia, Perth 2-3 July 2011).

‘The Getup of Rowe v Electoral Commissioner (Gilbert & Tobin Constitutional Law Conference, Sydney, 18 February 2011).

‘Creating the Future? Viewing Judicial Mediation Through the Lens of Constitutional Law’ (National Mediation Conference, Adelaide, 6-9 September 2010).

‘Managerial Judging and the Commonwealth Constitution – Reflections on the Family Court Experience’ (Non-Adversarial Justice: Implications for the Legal System and Society Conference, Melbourne, May 2010).

‘The Legal Mechanic’s Perspective - The Minimalist Winterton
Model’ (Paper delivered at the Conference entitled 'Planning for a Republic–
The Legal Mechanic’s Perspective', Perth, 29 November 2008).

‘Constitutional Dimensions –State Courts and Tribunals’ (Presentation at seminar, ‘The Chameleon Tribunal - the SAT – Court or Tribunal?’, Perth, 30 June 2009).

‘Therapeutic Jurisprudence and the Changing Role of the Judge’ (Murdoch Law School Internal Research Conference, Perth 2006).

‘Changes to the Mental Health Act 1986 (Vic)’ (Paper delivered at the Mental Health Law Forum, Melbourne, 29 July 2004).
Roles, responsibilities and expertise
Deputy Head of School, Community & Engagement

Coordinator of Honours and Advanced Legal Research Programs

BA (Hons) W.Aust., LLB (Hons) W.Aust.
Grad Dip (Legal Practice)
PhD (Monash)



Funding received
"Pocketing the Proceeds of Crime: The Legislation, Criminological Perspectives and Experiences"- Criminology Research Grant with Natalie Skead, Hilde Tubex and Tamara Tulich - $48,880

Public Purposes Trust Family Violence and Property Disputes: A pilot research project (collaborative team): $49,500

Recipient of Funding for the WA Neighbourhood Justice Centre Feasibility Study 2017-2018

2015 Institute of Advanced Studies Distinguished Early Career Fellowship - $5000

2014 UWA Diversity Initiatives grant (with Natalie Skead) – awarded $9948

2010 National Mediation Conference Scholarship

Participant in 2011 Gilbert & Tobin Federalism Research Roundtable
Memberships
Deputy Head of School, Community & Engagement

Member of Law School Research Committee

Coordinator of Honours and Advanced Legal Research Programme

Advisory Board Member - Constitutional Centre of Western Australia

WA Convenor and Co-opted Council Member of the Australian Association of Constitutional Law

WA Convenor of the Electoral Regulation Research Network: http://www.law.unimelb.edu.au/errn/people/convenors
Honours and awards
2015 UWA Institute of Advanced Studies Distinguished Early Career Fellowship for the humanities

Awarded a Mollie Holman Doctoral Medal by Monash University for her PhD thesis "Less-Adversarial Practice & The Constitutional Role of the Judiciary in Australia".

Winner of the 2010 National Mediation Conference Scholarship

Frank Edward Parsons Memorial Prize in Law at the University of Western Australia
Previous positions
Sarah is admitted as a Barrister and Solicitor in Western Australia, New South Wales, Victoria and the High Court of Australia.

Prior to joining the UWA Law Faculty, Sarah worked as a lawyer at Allens Arthur Robinson (Perth & Melbourne) and the Mental Health Legal Centre (Melbourne). Sarah previous held an academic position at Murdoch University School of law where she taught Constitutional Law and Law, Justice & Social Policy.

Teaching
Sarah is the Unit Coordinator for Foundations of Public Law (LAWS4108) and teaches in Foundations of Public Law (LAWS4108)and Constitutional Law (LAWS5101).

In 2013 she will coordinate the new JD unit, Foundations of Public Law

She has previously tutored in Administrative Law, Marketing Law and lectured in Law, Justice & Social Policy.

Current external positions
Advisory Board Member - Constitutional Centre of Western Australia

WA Convenor of the Australian Association of Constitutional Law

WA Convenor of the Electoral Regulation Research Network
Useful links
Law Building G 76 Economics & Commerce Building
Research profile
Research profile and publications
 

Mr Taruia Nicholls

Casual Teaching
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Email
taruia.nicholls@uwa.edu.au
Qualifications
BCom BEc BA Murd.
Research profile
Research profile and publications
 
Melanie O'Brien

Melanie O'Brien

Senior Lecturer
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Email
melanie.obrien@uwa.edu.au
Biography
Dr Melanie O’Brien is Senior Lecturer in International Law at the UWA Law School, University of Western Australia; and an affiliated researcher of the Asia-Pacific Centre for the Responsibility to Protect, University of Queensland.

Dr O'Brien's research and supervision areas include international criminal law, international human rights law, international humanitarian law (IHL), feminist legal theory, public international law, comparative criminal law, peacekeeping, and military law. She has published in leading academic journals and is on the Editorial Board of Human Rights Review, and served on the Editorial Board of Genocide Studies and Prevention (2013-2017).

Dr O'Brien is the Second Vice-President of the International Association of Genocide Scholars (IAGS), and a member of the WA International Humanitarian Law Committee of the Australian Red Cross.

Dr O'Brien's book, Criminalising Peacekeepers: Modernising National Approaches to Sexual Exploitation and Abuse was published in 2017 in Palgrave's Transnational Crime, Crime Control and Security series.
Key research
- Human rights and genocide: this research aims to construct a paradigm of the genocidal process through human rights violations to function as a map to prevent future genocides.
- Photographs as evidence in international criminal trials.
- Prevention and punishment of peacekeeper sexual exploitation and abuse.
Publications
Books
• Criminalising Peacekeepers: Modernising National Approaches to Sexual Exploitation and Abuse (2017, Palgrave).
Editorial Boards
2013- present Human Rights Review
2013-2017 Genocide Studies and Prevention
Guest Edited Journal Issues
• ‘Justice and Prevention of Genocide’, Genocide Studies and Prevention (forthcoming 2018).
• Bronitt, O’Brien and Bull (eds), ‘Human Rights and Policing’, Australian Journal of Human Rights (2015). Intro: ‘Linking policing and human rights: a recent invention or an enduring legacy?’
Book Chapters
• ‘Freedom of Religion in the Genocidal Process and Group Destruction of the Holocaust and Armenian and Cambodian Genocides’, in K.Shields (ed.), Genocide Perspective VI (forthcoming 2018).
• ‘Roles of Lawyers and Investigators in Investigations of International Crimes’, in V. Colvin, H.Douglas & P. Stenning (eds.), The Evolving Role of the Public Prosecutor: Challenges and Innovations (Routledge, forthcoming 2018).
• ‘No More Lies: Genocide Prevention through Perpetrator Accountability’, in S. Totten (ed.), Last Lectures on The Prevention and Intervention of Genocide (Routledge, 2017), pp. 183-188 (by invitation).
• ‘International Criminal Court’, in Wesley G. Jennings (ed.), The Encyclopedia of Crime and Punishment (Wiley and Sons, Oxford, 2016) (by invitation).
• O'Brien & Kebbell, 'Interview Techniques in International Criminal Courts and Tribunals', in Ray Bull (ed.), Investigative Interviewing (Springer, New York, 2014), pp. 91-101.
• ‘State Responsibility for Sexual Exploitation and Abuse as Human Rights Violations by Peacekeepers’, in Aoife Padraigín Foley (ed.), Ethics, Evil, Law and the State: State Power and Political Evil (Inter-Disciplinary Press, Oxford, 2011), pp. 17-28.
• ‘The Draft Convention on the Criminal Accountability of United Nations Officials and Experts on Mission’, in N. Quenivet and S. Shah (eds.), International Law and Armed Conflict (T.M.C. Asser Press, 2010) pp. 57-75.
Refereed Journal Articles
• O’Brien and Dwyer, ‘Online Violence Against Women in Australia: Law and Policing in a Hate Crime Context’, International Review of Victimology (2018, forthcoming).
• Hoffstaedter and O’Brien, ‘“There we are nothing, here we are nothing!” –The Enduring Effects of Rohingya Persecution in Myanmar on Their Lives in the Diaspora’ (2018, forthcoming).
• O’Brien and Tolosa, ‘The Effect of the 2014 West Africa Ebola Virus Disease Outbreak on Multi-level Violence Against Women’, International Journal of Human Rights in Healthcare 9(3) (2016) 151-160.
• ‘“Revolution is Glorious! Revolution is No Crime!” International Crimes and Chinese Domestic Law, and the Gang of Four Trial’, New Criminal Law Review 19(3) (2016) 313-343.
• ‘Classifying Cultural and Physical Destruction: Are Modern Historical and Current Human Rights Violations in China Violations of International Criminal Law?’, 26(3-4) (2015) Criminal Law Forum 533-563.
• ‘“Don’t Kill Them, Let’s Choose Them as Wives”: The Development of the Crimes of Forced Marriage, Sexual Slavery and Enforced Prostitution in International Criminal Law”, The International Journal of Human Rights 20(3) (2016) 386-406.
• ‘Problematic Provisions: Trafficking in Persons for Organ Removal under Australian Federal Criminal Law’, Criminal Law Journal 39(2) (2015) 101-113.
• Simic and O’Brien, ‘‘Peacekeeper Babies’: An Unintended Legacy of United Nations Peace Support Operations’, International Peacekeeping 21(3) (2014) 345-363.
• ‘Where Security Meets Justice: Prosecuting Maritime Piracy in the International Criminal Court’, Asian Journal of International Law 4(1) (2014) 81-102.
• ‘From Sexual Exploitation to Srebrenica: State Responsibility for Criminal Misconduct by Peacekeepers’, New Zealand & Australian Armed Forces Law Review 10 & 11 (2013) 125-147.
• ‘Prosecutorial Discretion as an Obstacle to Prosecution of Peacekeepers by the ICC: The Big Fish/Small Fish Debate and the Gravity Threshold’, Journal of International Criminal Justice 10(3) (2012) 525-545.
• ‘Protectors on Trial? Prosecuting Peacekeepers for War Crimes and Crimes Against Humanity in the International Criminal Court’, International Journal of Law, Crime and Justice 40(3) (2012) 223–241.
• ‘Sexual Exploitation and Beyond: Using the Rome Statute of the International Criminal Court to Prosecute UN Peacekeepers for Gender-based Crimes’, International Criminal Law Review 11(4) (2011) 803-827.
• ‘The Ascension of Blue Beret Accountability: International Criminal Court Command and Superior Responsibility in Peace Operations’, Journal of Conflict and Security Law 15(3) (2010) 533-555.
• ‘The Impact of the Iraq Communication of the Prosecutor of the International Criminal Court on War Crimes Admissibility and the Interests of Victims’, University College Dublin Law Review (2007 Symposium Edition) 109-125.
Case Notes
• ‘Minister for Home Affairs of the Commonwealth v Zentai [2012] HCA 28 (15 August 2012)’, Australian International Law Journal (20) (2013) 189-196.
Refereed Conference/Workshop Publications
• ‘Climate Change and Human Rights in the Pacific’, in M. Baker-Jones, DL. Burton, J. Bell and D. Chang Seng (eds.), Climate Change Adaptation: Guided by the Law (DLA Piper, Brisbane, 2013), 19-20 available at http://www.dlapiper.com/files/Uploads/Documents/climate-change-adaptation-guided-by-the-law.pdf
‘Society is Entitled to But One Satisfaction: Ne bis in idem and jurisdiction questions in the Gabe Watson case’, Crime, Justice and Social Democracy (Queensland University of Technology, 26-28 September, 2011) 61-78.
Briefing Papers
• ‘Guilt Admissions and Interview Techniques in International Criminal Courts and Tribunals’, CEPS Briefing Paper, Issue 12, April 2012.
Book and Film Reviews
• Le Temps des Aveux/The Gate. Régis Wargnier, Alternative Law Journal, 41(1) (2016) 75-6.
• Balkan Genocides: Holocaust and Ethnic Cleansing. Paul Mozjes, E-International Relations (June 2014) http://www.e-ir.info/2014/06/03/review-balkan-genocides-holocaust-and-ethnic-cleansing/
• Forgotten Genocides: Oblivion, Denial and Memory. Rene Lemarchand, ed., Human Rights Review 14 (1) (2013) 67-68.
Journal Articles
• ‘Prosecuting peacekeepers in the ICC for human trafficking’, St Thomas Intercultural Human Rights Law Review 1 (2006) 281-328.
Roles, responsibilities and expertise
Dr O’Brien is the coordinator of Public International Law; Foundations of Public International Law; International Humanitarian Law; and Supervised Research.

Dr O'Brien's research and supervision areas include international criminal law, international human rights law, international humanitarian law (IHL), feminist legal theory, public international law, comparative criminal law, peacekeeping, and military law.
Funding received
- Ian Potter Foundation Conference Grant
- US Holocaust Memorial Museum Workshop Attendee Grant
- Clark University Conference Attendee Grant
- TC Beirne School of Law Collaborative Workshop Grant (with Professor Heather Douglas)
- Ian Potter Foundation Travel Grant
- Australian Academy of the Humanities Humanities Travelling Fellowship
- International Network of Genocide Scholars Travel Grant
- University of Queensland Postdoctoral Fellowship
- Griffith Asia Institute Australia China Futures Dialogues Visiting Fellowship to Peking University, China
- Gandel Philanthropy Scholarship for the Gandel Holocaust Studies Program for Australian Educators, at Yad Vashem in Israel
Industrial relevance
Dr O’Brien is an admitted legal practitioner (NSW Supreme Court). She has worked in legal practice and international organisations, in the National Human Rights Institution of Samoa; the Legal Advisory Section of the Office of the Prosecutor at the International Criminal Court; the UN Department of Peacekeeping Operations; the Australian Law Reform Commission; and the NSW Crown Solicitors Office.
Languages
English, French, German
Memberships
- WA International Humanitarian Law Committee, Australian Red Cross
- International Law Association, Australian branch
- International Association of Genocide Scholars: Second Vice-President
- International Network of Genocide Scholars
- Australian and New Zealand Society of International Law
- American Society of International Law
- Australian Lawyers for Human Rights
Previous positions
- Research Fellow, TC Beirne School of Law, The University of Queensland
- Researcher, Anti-Slavery Australia in the Law School, University of Technology Sydney
- Human Rights Legal Advisor, National Human Rights Institution of Samoa
- Research Fellow, ARC Centre of Excellence in Policing and Security, Griffith University
- Law Clerk, Legal Advisory Section of the Office of the Prosecutor, International Criminal Court
- Research Assistant, International Criminal Justice Unit of the University of Nottingham Human Rights Law Centre
- Consulting Editor, Raoul Wallenberg Institute
Teaching
LAWS5165 Public International Law (LLB/JD)
LAWS5220 International Humanitarian Law (MIL)
LAWS5512 Supervised Research
Current external positions
Affiliated researcher with the Asia Pacific Centre for the Responsibility to Protect, University of Queensland.
Research profile
Research profile and publications
 

Mr James O'Hara

Research Assistant
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Email
james.ohara@uwa.edu.au
Research profile
Research profile and publications
 
Kate Offer

Asst/Prof Kate Offer

Lecturer
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 4635
Fax
+61 8 6488 1045
Email
Kate.Offer@uwa.edu.au
Personal homepage
https://www.facebook.com/tortylicious/
Qualifications
BA LLB LLM W.Aust.
Key research
Education Law, Legal Education
Publications
BOOKS:

Field, D. & Offer, K. Western Australia Evidence Law (LexisNexis) 2015

PUBLICATIONS:

Skead, N., Offer, K. & Galloway, K. ‘Disrupting Legal Education’ Brief Nov 2017 44, 10

Offer, K., Skead, N. & Seen, A., “You must be joking”: the role of humour in the law classroom The Law Teacher 2017

Skead, N.K. and Offer, K. Learning Law through a Lens: Using Visual Media to Support Student Learning and Skills Development in Law (2016) 41(3) AltLJ 148

Skead, N.K. and Offer, K. Learning Law through a Lens: Using Visual Media to Support Student Learning and Skills Development in Law, winner of an International Association of Law Schools Innovative Curriculum Award, October 2015.

Offer, K.M. 2011, 'Legal Traps for School Psychologists and Nurses', Sustainable Education, Schools, Families and Communities - Education Law and Policy Perspectives

Offer, C.M., Thrum, J. 2002, 'Part I: Civil Liability for the Administration of Medication in Non-Emergency Situations', Australia & New Zealand Journal of Law & Education, 7, 2, pp. 15-33. Detail

Offer, C.M., Thrum, J. 2002, 'Part II: Civil Liability for the Administration of Medication in Emergencies', Australia & New Zealand Journal of Law & Education, 7, 2, pp. 35-4

Kate Offer ‘Religious Schools and Equal Opportunity: Lessons from the Goldberg v Carmel School Case” 2000 5 (1) ANZJLE 20

Kate Offer, ‘Woe Unto Ye, Also Ye Lawyers!’ (1999) 28(2) UWALR 324 (Book Review)

CONFERENCE PRESENTATIONS:

Australian Law Teachers Association Annual Conference, Flinders University, Adelaide, July 2017, ‘Enhancing Teaching in the JD Through the Rich Tapestry of Storytelling’

Law Society of Western Australia’s Law School Summer School, ‘Technology & The Law’ Presenter and Chair; Back to the Future: The Future is Now; 26 February 2016

Learning Law through a Lens: Using Visual Media to Support Student Learning and Skills Development in Law, Learning and Teaching Forum, January 2016, Curtin University

Learning Law through a Lens: Using Visual Media to Support Student Learning and Skills Development in Law, International Association of Law Schools Annual Conference, October 2015, Segovia, Spain

‘Are You Kidding? Using Humour to Facilitate Student Learning’ Learning and Teaching Forum, January 2015, University of Western Australia

'The UWA Education Futures Vision'; Megan Ellyard, Phil Hancock, Nazim Khan, Kate Offer, Joanne Sneddon, Rashmi Watson & Helen Wildy, Learning and Teaching Forum, January 2015, University of Western Australia

‘Using In-Class Response Systems to Facilitate Student Engagement’, presented at the Australian Law Teachers Association Annual Conference, Bond University, GoldCoast, July 2014

‘Using In-Class Polling in Law Lectures’, Learning and Teaching Forum, January 2014, University of Western Australia

'Parents Behaving Badly: Legal Options and Pitfalls for Schools' presented at the 22nd Annual Australia New Zealand Education Law Association Conference, Hobart, October 2013

‘Are You Kidding? Using Humour to Facilitate Student Learning’, presented at the Australian Law Teachers Association Annual Conference, Sydney, July 2012

‘Confidentiality Issues for School Psychologists and Nurses’, presented at the 20th Annual Australia New Zealand Education Law Association Conference, Darwin, October 2011

Roles, responsibilities and expertise
*Torts LAWS4106, Evidence LAWS3310; Education Law EDUC5523 in the Faculty of Education

Member of Faculty of Law Learning and Teaching Committee and SoTL-in-Law (Scholarship of Teaching and Learning in Law) Interest Group
Funding received
2017 - UWA Law School Teaching-Research Nexus Grant; Legal APPtitude Pilot Program (Creating Legal Apps using Artificial Intelligence) with Liam Elphick and Alex Cook; $4500

2016 – Centre for Education Futures Grant for “Enhancing student learning and engagement in the Juris Doctor through the rich tapestry of legal storytelling” with Skead, Atkins, Howieson, Barker, Blake and Kwaymullina.

2012 - Improving Student Learning Grant for "Using Audio-Visual Resources to Enhance Student Learning in Evidence LAWS3310"

Memberships
Australia and New Zealand Education Law Association (ANZELA)
Honours and awards
Citation for Outstanding Contributions to Student Learning, Federal Education Department’s Office of Teaching and Learning 2015

UWA Excellence in Teaching (Contribution to Student Learning) Award 2015

International Association of Law Schools Faculty Innovation Award (with Dr Natalie Skead) 2015

UWA Student Guild Students’ Choice Award 2015

UWA Student Guild Students’ Choice Award 2014

LexisNexis ALTA Award for Excellence and Innovation in the Teaching of Law 2013 - Highly Commended

Blackstone Society Law Teacher of the Year 2012

University of Western Australia Combined Faculty Outstanding Contribution to Student Learning Award 2012

University of Western Australia Combined Faculty Excellence in Teaching Award 2011

Vice-Chancellor’s Letter of Commendation for Excellence in Teaching Notre Dame 2009 and 2010
Current external positions
Committee Member, The Piddington Society, 2017 -

Chair, Disciplinary Committee, Teacher Registration Board WA 2014 - present

Coach, Penrhos College team, Law Society of Western Australia Mock Trial Competition 2015 -2016

Board member, Australia and New Zealand Education Law Association (ANZELA) 2013-2015

Council Member, Wesley College, South Perth 2007-2015

Dean & Trustee, Awesome Foundation Perth 2013-2015
Useful links
Teacher Registration Board WA
http://www.trb.wa.gov.au

Australia New Zealand Education Law Association (ANZELA)
http://www.anzela.edu.au

Wesley College
http://www.wesley.wa.edu.au

Research profile
Research profile and publications
 
Sam Raj

Mr Sam Raj

Lecturer
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 1839
Fax
+61 8 6488 1045
Email
sam.raj@uwa.edu.au
Qualifications
LLB NU Si+ngapore, LLM Lond. & W.Aust.
Biography
Office: Law Link Room 2.38
Key research
Sam Raj LLB Nat. Uni. S'pore, LLM Lond. and W.Aust. is interested in:
- Company Law
- Law of Business Finance
Research profile
Research profile and publications
 

Christopher Ryder


UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia
35 Stirling Highway
CRAWLEY WA 6009
Australia
Email
chris.ryder@corrs.com.au
 
Andy Schmulow

Dr Andy Schmulow

Senior Lecturer
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 2952
Email
andy.schmulow@uwa.edu.au
Personal homepage
www.clarityprc.com.au
Publications
------Publications------
------Book Chapters (* denotes peer reviewed)-----




* Schmulow, A.D.: “Australia,” INTERNATIONAL COMMERCIAL SECURED TRANSACTIONS, David Franklin & Steven Harms, eds., Carswell Publishers, Montreal, Canada, June 2010, ISBN: 978- 0-7798-2391-8.




-----Scholarly Journals (* denotes peer reviewed)-----
-----Journal output during 2015-----




* Godwin, Andrew J., and Schmulow, Andrew D.: “The Financial Sector Regulation Bill In South Africa, Second Draft: Lessons From Australia,” SOUTH AFRICAN LAW JOURNAL, Juta & Co. Publishers, Cape Town, Vol. 132, No. 4, 2015, p 756-768.

The referees recommended this submission for expedited publication, in light of its potential influence on policy and current reforms, and suggested it be made compulsory reading for students of banking law. The SALJ is regarded as South Africa’s foremost law journal.

Cited in DE REBUS – THE SA ATTORNEYS’ JOURNAL, Published by the Law Society of South Africa, Issue 561, March 2016, p 42,

* Schmulow, Andrew D.: “The four methods of financial system regulation: An international comparative survey”, JOURNAL OF BANKING AND FINANCE LAW AND PRACTICE, Thomson Reuters/Lawbook Co, Vol. 26, No. 3, November, 2015, p. 151-172.

* Schmulow, A.D.: “Twin Peaks. A theoretical analysis”, UNSW LAW JOURNAL, Hart Publishing, Oxford, completed and currently passed first stage of review.

* Schmulow, A.D.: “Prohibitions on predatory lending: lessons from South Africa”, JOURNAL OF CONSUMER AFFAIRS, American Council on Consumer Interests, John Wiley & Sons, Inc., completed and currently under review.

* Schmulow, A.D.: “Financial Regulatory Reform In South Africa: The Move Towards Twin Peaks”, AFRICAN JOURNAL OF INTERNATIONAL AND COMPARATIVE LAW: REVUE AFRICAINE DE DROIT INTERNATIONAL ET COMPARÉ, Edinburgh University Press, completed and currently under review.




-----Journal output prior to 2015-----




* Schmulow, A.: “Policy-Only Liability Insurance as Alternative to Prudential Regulation in the New Zealand Life Assurance Industry, WAIKATO LAW REVIEW, Volume 16, No. 1, 2008, p. 251- 263.

* Schmulow, A.: “Policy-only liability insurance as alternative to prudential regulation,” AUSTRALIAN JOURNAL OF CORPORATE LAW, LexisNexis Butterworths, Volume 16, No. 1, 2003, p. 38 ff.

* Shelton, Dr G.L.; Catley, Dr R.; Schmulow, A.D.: “Trading Politics for the Politics of Trade: South African and Australian Relations in the New Millennium,” JOURNAL OF AUSTRALIAN STUDIES – Vision Splendid, Australian Studies Centre, The University of Queensland Press, Volume 24, No. 66, 2000, p. 48ff.

* Schmulow, A.D.: “Limiting State’s Limited Civil Liability: a case study of the Constitutional (in)validity of s 115 of the South African Post Office Act 44/1958,” AUSTRALIAN JOURNAL OF LAW & SOCIETY, Department of Legal Institutions, Division of Humanities, Macquarie University, Volume 14, 1998-1999, p. 65ff.

* Schmulow, A.D.: “Limiting the state’s limited civil liability – a case study of the constitutional (in)validity of s 115 of the South African Post Office Act, 44/1958,” JOURNAL FOR JURIDICAL SCIENCE, Faculty of Law, University of the Orange Free State, Bloemfontein, December 1998, Vol. 23, No. 2, p. 133ff.

On completion, the Wits Law Clinic submitted this paper to Counsel, in order to assess the possibility of taking the matter up in the Constitutional Court, as a public interest case.

* Schmulow, A.D.: “Economic competitiveness in the new South Africa: the role of government fiscal policy and labour law,” JOURNAL FOR CONTEMPORARY HISTORY, Institute for Contemporary History, University of the Orange Free State, Vol. 22, No. 2, December 1997, p. 82ff.

Schmulow, A.D.: “A New Labour Law For A New South Africa - Law and economics forging productivity in the workplace. The new labour act shows the way,” SOUTH AFRICA - THE JOURNAL OF TRADE, INDUSTRY AND INVESTMENT, South Africa, The Journal Of Trade, Industry and Investment (Pty) Ltd, and Redsand Publishing (Pty) Ltd., Johannesburg, 2nd Quarter, 1997, p. 73ff.

Schmulow, A.D.: “Wits Law School - Time For Change,” DE MINIMIS, Faculty of Law, University of the Witwatersrand, Johannesburg, April 1997, p. 22.

* Schmulow, A.D.: “Diplomatic intervention in the event of expropriation of a company without compensation,” THE SOUTH AFRICAN YEARBOOK OF INTERNATIONAL LAW, VerLoren van Themaat Centre for Public Law Studies, University of South Africa, Vol. 21, 1996, p. 73ff.

This research, regarding the right of diplomatic intervention, was adopted as the basis for that part of the curriculum, by Professor G.N. Barrie - Deputy Dean of Law, Die Randse Afrikaanse Universiteit.

Quoted in International Court of Justice: BIBLIOGRAPHY OF THE INTERNATIONAL COURT OF JUSTICE, United Nations Publications, 1 August, ISBN 9210710150, https://books.google.com.au/books?id=GlYPfc3GW9gC&pg=PR26&lpg=PR26&dq=schmulow&source =bl&ots=iEZ2f1KoQz&sig=kXcnrnnJn2ziuxY0cC1P- LRQKtI&hl=en&sa=X&ei=1drIVMWKFsbOmwWgyIHQCw&ved=0CC0Q6AEwBjiCAQ#v=onepage&q=s chmulow&f=false

Quoted in Booysen, Hercules: in Part 1, Chapter 2, ‘The Role of the Individual’, PRINCIPLES OF INTERNATIONAL TRADE LAW AS A MONISTIC SYSTEM, published by Interlegal, 2007, p. 63/67, https://books.google.com.au/books?id=YXO- pRBtimoC&pg=PA67&lpg=PA67&dq=schmulow&source=bl&ots=KT9qrCMzsY&sig=GNCjqF040lXeiw HwRyE7MxlvuQE&hl=en&sa=X&ei=1drIVMWKFsbOmwWgyIHQCw&ved=0CB8Q6AEwATiCAQ#v=on epage&q=schmulow&f=false

Quoted in United Nations Staff: BIBLIOGRAPHY OF THE INTERNATIONAL COURT OF JUSTICE, published by United Nations Publications, 18 August, 2003, p. 733, ISBN 9210709659, 9789210709651, https://books.google.com.au/books?id=C79MyQbFcjgC&pg=PA697&dq=schmulow&source=gbs_sele cted_pages&cad=2#v=onepage&q=schmulow&f=false

Quoted in Epifanov, Vladlen Viktorovich: LEGAL ASPECTS OF DIPLOMATIC PROTECTION OF NATURAL AND LEGAL PERSONS, PhD in Law, Moscow.

Quoted in Booysen, Hercules: INTERNATIONAL TRADE LAW ON GOODS AND SERVICES, published by Interlegal, 1999, p. 17, ISBN 0958418128, 9780958418126,
2007, p. xxvi, 9789210710152, https://books.google.com.au/books?id=rSLkR0aT5WUC&pg=PA17&lpg=PA17&dq=schmulow&source =bl&ots=B5XzslyRnH&sig=4EPCr6z8WkWomrnY2DQX30hho8A&hl=en&sa=X&ei=1drIVMWKFsbOmw WgyIHQCw&ved=0CCcQ6AEwBDiCAQ#v=onepage&q=schmulow&f=false

Schmulow, A.D.: “The New LRA, and its Effect on SA's Ability to Compete in Export Markets,” STUDENT LAW REVIEW, Faculty of Law, University of the Witwatersrand, Johannesburg, Vol. 8, 1996, p. 81ff.

* Schmulow, A.D.; Liebenberg, Dr P.W.: “Nuclear Proliferation on the Korean Peninsula: a Threat to Regional and Global Peace and Stability?” JOURNAL FOR CONTEMPORARY HISTORY, Institute for Contemporary History, University of the Orange Free State, Vol. 21, No. 2, December 1996, p. 7ff.

* Schmulow, A.D.; Greyling, Prof. L.: “Monetary Policy in the New South Africa: Economic and Political Constraints,” THE SOUTH AFRICAN JOURNAL OF ECONOMICS, Vol. 64, No. 3, September 1996, Journal of the Economic Society of South Africa, p. 175ff.

This article was nominated for the J.J.I. Middleton Award for the Best First Submission in a Particular Year.

Quoted in Maumela, Patrick Konanani: IS INFLATION TARGETING AN APPROPRIATE FRAMEWORK FOR MONETARY POLICY? EXPERIENCE FROM THE INFLATION-TARGETING COUNTRIES, Master of Arts in the field of Economics at the University of South Africa, August 2010, p. 22/43, http://uir.unisa.ac.za/bitstream/handle/10500/4892/dissertation_maumela_pk.pdf?sequence=1

Quoted in Houston, Gregory, Liebenberg, Ian & Dichaba, William: in ‘Chapter 2, Interest group participation in the National Economic Development and Labour Council’, PUBLIC PARTICIPATION IN DEMOCRATIC GOVERNANCE IN SOUTH AFRICA, edited by Houston, Gregory F., Main Editor, and Humphries, Richard, & Liebenberg Ian, eds, Human Sciences Research Council (HSRC) Press, Pretoria, 2001, p. 25, ISBN 0-7969-1983-6, https://books.google.com.au/books?id=FonxSYTAWKgC&pg=PA25&lpg=PA25&dq=schmulow&sourc e=bl&ots=jWBMZ2lXIF&sig=IzuXS37RZLfQnfnb2bJlupq94GQ&hl=en&sa=X&ei=T87IVKaxC- fimAX6nIKYAg&ved=0CDEQ6AEwBDhk#v=onepage&q=schmulow&f=false

Cited in Boylan, Delia, DEFUSING DEMOCRACY: CENTRAL BANK AUTONOMY AND THE TRANSITION FROM AUTHORITARIAN RULE, published by University of Michigan Press, Business & Economics Series, 2001, p. 282, ISBN 0472112147, 9780472112142, https://books.google.com.au/books?id=ZSlsf_UdkdsC&pg=PA282&lpg=PA282&dq=schmulow&source =bl&ots=yVbr5JqYZ1&sig=vWt- PQSIQp8Be6up31EKWTH4aZA&hl=en&sa=X&ei=1drIVMWKFsbOmwWgyIHQCw&ved=0CDAQ6AEw BziCAQ#v=onepage&q=schmulow&f=false

Quoted in Nell, Kevin: “Imported Inflation in South Africa: An Empirical Study”, in ‘Working Paper’, DEPARTMENT OF ECONOMICS DISCUSSION PAPER, University of Kent, No. 0005, May 2000, p. 19, http://www.econstor.eu/bitstream/10419/105544/1/0005.pdf

Quoted in Mollentze, Sandra: “Monetary Policy in South Africa on the Threshold of a New Era”, SOUTH AFRICAN JOURNAL OF ECONOMIC AND MANAGEMENT SCIENCES (SAJEMS) SS No. 2, 2000, pp. S-17/18/21, http://repository.up.ac.za/bitstream/handle/2263/11623/Mollentze_Monetary(2000).pdf?sequence=1

Schmulow, A.D.: “Wits - What's Wrong, and What's Right,” DE MINIMIS, Faculty of Law, University of the Witwatersrand, Johannesburg, April 1996, p. 10ff.

Schmulow, A.D.: “The Prospects for Diplomatic Intervention in the Case of Expropriation Without Compensation,” STUDENT LAW REVIEW, Faculty of Law, University of the Witwatersrand, Johannesburg, Vol. 7, 1995, p. 35ff, (also available at: http://www.law.wits.ac.za/students/wuslr/1995/exprop.html).




-----Working Papers (* denotes peer reviewed)-----




* Schmulow, A.D.: “Prohibitions on Reckless and Predatory Lending: Lessons from South Africa,” CENTRE FOR INTERNATIONAL FINANCE AND REGULATION (CIFR) RESEARCH WORKING PAPER SERIES, published by The Centre For International Finance and Regulation, January 2016, pp 1-25, http://www.cifr.edu.au/assets/document/1CIFRRecklessLending.pdf

* Schmulow, A.D.: “Twin Peaks: A Theoretical Analysis,” CENTRE FOR INTERNATIONAL FINANCE AND REGULATION (CIFR) RESEARCH WORKING PAPER SERIES, Working Paper No. 064/2015 / Project No. E018, published by The Centre For International Finance and Regulation, 1 July 2015, pp 1-40, http://www.cifr.edu.au/project/Australia_twin_peaks_approach_for_China_and_Asia.aspx

* Godwin, A.J. & Schmulow, A.D.: “The Financial Sector Regulation Bill In South Africa: Lessons From Australia,” CENTRE FOR INTERNATIONAL FINANCE AND REGULATION (CIFR) RESEARCH WORKING PAPER SERIES, Working Paper No. 052/2015 / Project No. E018, published by The Centre For International Finance and Regulation, January 2015, pp 1-22, http://www.cifr.edu.au/assets/document/WP052- 2015%20Godwin%20E018%20The%20Financial%20Sector%20Regulation%20Bill.pdf

Listed on SSRN's Top Ten download list for: ERN: Financial Markets, Saving & Capital Investment in Developing Economies, as at February 2015.

* Schmulow, A.D.: “Approaches to Financial System Regulation: An International Comparative Survey,” CENTRE FOR INTERNATIONAL FINANCE AND REGULATION (CIFR) RESEARCH WORKING PAPER SERIES, Working Paper No. 053/2015 / Project No. E018, published by The Centre For International Finance and Regulation, January 2015, pp 1-63, http://www.cifr.edu.au/assets/document/WP053- 2015%20Godwin%20E018%20Approaches%20to%20Financial%20System%20Regul.pdf

Listed on SSRN's Top Ten download list for: Monetary Economics eJournal, as at March 2015.

The abstract from this paper was chosen to feature on the Scholastica website for June 2015.

Shelton, Dr G.L.; Catley, Dr R.; Schmulow, A.D.: “South Africa and Australia: New Indian Ocean Partners,” EAST ASIA PROJECT - WORKING PAPER SERIES, Department of International Relations, University of the Witwatersrand, Johannesburg, No. 20, June 1998.

Quoted in Le Grange, L: “The role of (dis)trust in a (trans)national higher education development project”, HIGHER EDUCATION, Vol. 46, Issue 4, published by Kluwer Academic Publishers, pp. 491- 505, http://link.springer.com/article/10.1023%2FA%3A1027351123057

Schmulow, A.D.: “The People's Republic of China: An Uncertain Political And Economic Future,” EAST ASIA PROJECT - WORKING PAPER SERIES, Department of International Relations, University of the Witwatersrand, Johannesburg, No. 7, March 1995.




-----In preparation or submitted (* denotes peer reviewed)-----




* Schmulow, A.D. and Havemann, R.: “Macro-prudential tools, a four country analysis”, REFEREED JOURNAL YET TO BE SELECTED, In Preparation.

* Schmulow, A.D., Regulating Banks in Jurisdictions with weak Rule of Law: Deposit-Only Liability Insurance and the Case of Indonesia, ROUTLEDGE PUBLISHERS. monograph, in preparation.

* Schmulow, A.D.: “Deposit-Only Liability Insurance as an alternative to the IDIC,” BULLETIN OF INDONESIAN ECONOMIC STUDIES, Crawford School of Government, Australian National University, 2014, In Preparation.

Quoted as forthcoming in McLeod, Ross H.: Chapter 13, ‘Finance Policies for East Timor’, EAST TIMOR: DEVELOPMENT CHALLENGES FOR THE WORLD'S NEWEST NATION, Hill, Hal, Saldanha, Joao Mariano de Sousa, eds, published by the Institute of Southeast Asian Studies (ISEAS), in ISEAS current economic affairs series, 2001, p. 221, ISBN 9812301402, 9789812301406 https://books.google.com.au/books?id=mtyMOmhM91MC&pg=PA371&lpg=PA371&dq=schmulow&s ource=bl&ots=Sr6u1tVWVh&sig=CsIiAo3r1fEyuou6s2RktV6P3mI&hl=en&sa=X&ei=1drIVMWKFsbOmw WgyIHQCw&ved=0CCIQ6AEwAjiCAQ#v=onepage&q=schmulow&f=false

* Schmulow, A.D.: “Indonesia’s banks fifteen years after collapse: cured, or in remission?”, AUSTRALIAN JOURNAL OF ASIAN LAW, 2014, In Preparation.




-----Government Reports-----




Godwin, A., and Schmulow, A.: named contributors, NATIONAL TREASURY, REPUBLIC OF SOUTH AFRICA, Documents for Public Comments - 2nd Draft Financial Sector Regulation Bill, Vol. 1, Financial Sector Regulation Bill, Comments Received on the First Draft Bill published by National Treasury for Comments in December 2013 (Comment Period from 13 December 2013 - 07 March 2014), December 2014, Pretoria, South Africa, http://www.treasury.gov.za/public%20comments/FSR2014/FSR%20Bill%20Comments%20Ma trix%20-%2010%20Dec%202014.pdf

We made a total of 25 recommendations, of which the South African National Treasury accepted, adopted or agreed with 22, and rejected three recommendations.

Schmulow, A.D.: in ‘Second round submissions, N-Z’, Consultation and submissions, FINANCIAL SYSTEM INQUIRY, 25 August, 2014, published by the Commonwealth of Australia, 2015 http://fsi.gov.au/files/2014/09/Schmulow_Andy.pdf

Schmulow, A.D.: named contributor, THE NEW ZEALAND LAW COMMISSION, Preliminary Paper 53, Life Insurance, A discussion paper, Wellington, New Zealand, ISBN 1-877187-98-4, NZLC PP 53.

This paper was summarised in two articles published in the Insurance Australia newsletter.




-----Government Submissions-----




Godwin, A., and Schmulow, A.: “Submission on the Revised Draft of the Financial Sector Regulation Bill”, NATIONAL TREASURY, REPUBLIC OF SOUTH AFRICA, Documents for Public Comments - 2nd Draft Financial Sector Regulation Bill, Financial Sector Regulation Bill, 2nd Draft, Comments Submitted on the Second Draft Bill, December 2014, submitted on 2 March, 2015.

Schmulow, A.D.: “Confidential Submission to the FSI on my personal experience at APRA”, in ‘Second round submissions’, Consultation and submissions, AUSTRALIAN FINANCIAL SYSTEM INQUIRY, Tuesday, 7 October, 2014.

My second submission, arguing in favour of a board of oversight for APRA and ASIC to monitor, inter alia, their compliance with their mandates has been adopted in the form of the Financial Regulation Assessment Board (Recommendation 27, ‘Regulatory System’, FINANCIAL SYSTEM INQUIRY FINAL REPORT, p 239, http://fsi.gov.au/files/2014/11/FSI_Final_Report.pdf).

Schmulow, A.D.: “Submission to the Financial System Inquiry, regarding The Financial Claims Scheme”, in ‘Second round submissions’, Consultation and submissions, AUSTRALIAN FINANCIAL SYSTEM INQUIRY, 25 August, 2014. Submitted electronically, available at http://fsi.gov.au/files/2014/09/Schmulow_Andy.pdf

Schmulow, A.D. and Godwin, A. J.: “Financial Regulatory Reform in South Africa: Lessons from Australia,” TREASURY OF THE REPUBLIC OF SOUTH AFRICA, FINANCIAL SECTOR REGULATION BILL, 28 January 2014. Submitted electronically.




-----Textbooks-----




* Schmulow, Andy (compiler), Gibson, Andrew & Fraser, Douglas: “BLO1105 BUSINESS LAW”, 3rd Ed., published by Pearson Education, Australia, Frenchs Forest, NSW, 2013, ISBN: 9781486006571.




-----Commissioned Research-----




Schmulow, A.D. and Godwin, A. J.: “Regulatory trends in light of the FSI Interim Report, Vickers and Volcker”, ANZ Bank, ongoing.

Schmulow, A.D.: “Bail-outs, bail-ins and haircuts”, consortium of private clients, ongoing.

Schmulow, A.D.: “Operational and cultural risk drivers in banking”, WHITE PAPER, commissioned research for ASQ Projects, ongoing.




-----Newspaper and Online Articles-----




Schmulow, A.D.: “Fancy dress financial regulators ASIC and APRA must go,” in ‘Business, Banking & Finance’, Business Day section, THE AGE ONLINE, Published by Fairfax Media Ltd, Tuesday, 31 May, 2016, 6:35PM, http://www.theage.com.au/business/banking-and-finance/fancy- dress-financial-regulators-asic-and-apra-must-go-20160531-gp89dp.html

Schmulow, A.D.: “Fancy dress financial regulators ASIC and APRA must go,” in ‘Business, Banking & Finance’, Business Day section, THE SYDNEY MORNING HERALD ONLINE, Published by Fairfax Media Ltd, Tuesday, 31 May, 2016, 6:35PM, http://www.smh.com.au/business/banking-and-finance/fancy-dress-financial-regulators-asic- and-apra-must-go-20160531-gp89dp.html

Schmulow, A.D. & McConnell, P.: “Time for royal commission, bankers,” in ‘Opinion’, Business Day section, THE AGE, Published by Fairfax Media Ltd, Friday, 15 April, 2016, p 28.

Schmulow, A.D. & McConnell, P.: “Time for royal commission, bankers,” in ‘Opinion’, Business Day section, THE SYDNEY MORNING HERALD, Published by Fairfax Media Ltd, Friday, 15 April, 2016, p 26.

Schmulow, A.D.: “For and against a royal commission into banks,” in ‘Business, Banking & Finance’, Business Day section, THE AGE ONLINE, Published by Fairfax Media Ltd, Friday, 15 April, 2016, 12:30pm, http://www.theage.com.au/business/banking-and-finance/for-and-against-a- royal-commission-into-banks-20160412-go4ed1

Cited in “LawNews,” in ‘In The Media,’ LAW INSTITUTE OF VICTORIA, 18 April 2016 12:15pm.

Schmulow, A.D.: “For and against a royal commission into banks,” in ‘Business, Banking & Finance’, Business Day section, THE SYDNEY MORNING HERALD ONLINE, Published by Fairfax Media Ltd, Friday, 15 April, 2016, 12:30pm, http://www.smh.com.au/business/banking-and- finance/for-and-against-a-royal-commission-into-banks-20160412-go4ed1

Schmulow, A.D.: “Banking royal commission should be paid for by banks”, in ‘Business & Economy,’ THE CONVERSATION, AU Edition, published by The Conversation Media Group, 12 April, 2016 11.10am AEST, https://theconversation.com/banking-royal-commission-should-be- paid-for-by-banks-57565

Quoted in Binoy Kampmark: “Investigating the Banksters: The Australian Banking Industry”, in ‘Comment,’ SCOOP INDEPENDENT NEWS, Tuesday, 12 April 2016, 4:02pm, http://www.scoop.co.nz/stories/HL1604/S00039/investigating-the-banksters-the-australian-banking- industry.htm / COUNTERPUNCH, 13 April, 2016, http://www.counterpunch.org/2016/04/13/investigating-the-banksters-the-australian-banking-industry/ / ON LINE OPINION, Wednesday, 13 April 2016, http://www.onlineopinion.com.au/view.asp?article=18167

Schmulow, A.D.: “Banking royal commission should be paid for by banks”, in ‘Opinions,’ ECONOTIMES, published by EconoTimes, 12 April, 2016 01:30am UTC, http://www.econotimes.com/contributors/andrew-Schmulow

Schmulow, A.D.: “Why rigging of the bank bill swap rate hurts everyone”, in Business & Economy, THE CONVERSATION, AU Edition, published by The Conversation Media Group, 9 March, 2016 2.29pm AEDT, https://theconversation.com/why-rigging-of-the-bank-bill-swap-rate- hurts-everyone-55826

Schmulow, A.D.: “Doing it the Australian Way, ‘Twin Peaks’ and the Pitfalls in Between”, THE CLS BLUE SKY BLOG, Columbia Law School's Blog on Corporations and the Capital Markets, John C. Coffee, Jr., Edward F. Greene, Robert J. Jackson, Jr., Kathryn Judge, editors, Ilya Beylin, editor-at-large, New York, NY, 31 March, 2016, http://clsbluesky.law.columbia.edu/author/andy-schmulow/.

Schmulow, A.D.: “Financial regulation: Is Australia's 'twin peaks' model a successful export?”, THE INTERPRETER, published by the Lowy Institute for International Policy, Sydney, NSW, 1 March, 2016 2:35pm, http://www.lowyinterpreter.org/post/2016/03/01/Financial-regulation- Is-Australias-twin-peaks-model-a-successful-export.aspx

Schmulow, A.D., and McConnell, P.: “Total Loss-Absorbing Capacity: No "tender love and care" for Australian regulators’, in ‘Global / News’, THOMSON REUTERS ACCELUS, published by the Regulatory Intelligence service of Thomson Reuters Accelus, 13 November, 2015, http://www.complinet.com/global/news/news/article.html?ref=182486

Schmulow, A.D.: “South African consumer credit regulation — the lessons for Australia”, in ‘Global, News’, in ‘Global / News’, THOMSON REUTERS ACCELUS, published by the Regulatory Intelligence service of Thomson Reuters Accelus, 29 October, 2015, http://www.complinet.com/global/news/news/article.html?ref=182153

This resource is source for regulatory news, analysis, rules and developments, with coverage of more than 230 regulators and exchanges.

Schmulow, A.D. & McConnell, P.: “A flood of criticism that broke the levy”, OPINION PIECES, in ‘Market Conduct Regulation, Australia, Banking’, published by the Centre for Law, Markets and Regulation, University of New South Wales, 4 September, 2015, http://www.clmr.unsw.edu.au/resource/market-conduct-regulation/a-flood-of-criticism-that- broke-the-levy-

Schmulow, A.D. & McConnell, P.: “A deposit tax to fill Canberra's coffers?”, in ‘Banking’, ASIA- PACIFIC BANKING & FINANCE, published by Australian Financial Publications, Thursday 3 September, 2015, 1:26pm, http://www.australianbankingfinance.com/banking/a-deposit-tax- to-fill-canberra-s-coffers-/

Schmulow, A.D.: “Australia’s banks are safe, so deposit levy is looking like a revenue grab”, in Analysis and Comment, Business & Economy, THE CONVERSATION, AU Edition, published by The Conversation Media Group, 27 August, 2015 3.31pm AEST, https://theconversation.com/australias-banks-are-safe-so-deposit-levy-is-looking-like-a- revenue-grab-46741

Schmulow, A.D.: “The obvious and not-so-obvious problems with Hockey’s bank deposit tax”, MICHAEL YARDNEY'S PROPERTYUPDATE.COM.AU, published by Michael Yardney's Property Investment Update, 20 August, 2015, http://propertyupdate.com.au/obvious- obvious-problems-hockeys-bank-deposit-tax/

Schmulow, A.D.: “The many problems with Hockey's bank deposit tax”, in ‘Industries, Financial Services’, BUSINESS SPECTATOR, published by Business Spectator Pty Ltd, 17 August, 4:35pm, http://www.businessspectator.com.au/article/2015/8/17/financial-services/many- problems-hockeys-bank-deposit-tax

Schmulow, A.D.: “The obvious and not-so-obvious problems with Hockey’s bank deposit tax”, in Analysis and Comment, Business & Economy, THE CONVERSATION, AU Edition, published by The Conversation Media Group, 17 August, 2015 2.54pm AEST, https://theconversation.com/the-obvious-and-not-so-obvious-problems-with-hockeys-bank- deposit-tax-46187

Schmulow, A.D.: “Time for Abbott Government and ASIC to get serious about Australian banksters”, in ‘Business’, INDEPENDENT AUSTRALIA, published by Independent Australia, 10 August 2015, 9:30am, https://independentaustralia.net/business/business-display/time-for-asic-and- other-regulators-to-get-serious-about-australian-banksters,8036

Schmulow, A.D.: “Lie-bore: powerful bank regulators running out of excuses”, in Analysis and Comment, Business & Economy, THE CONVERSATION, AU Edition, published by The Conversation Media Group, 7 August, 2015 6.07am AEST, https://theconversation.com/lie- bore-powerful-bank-regulators-running-out-of-excuses-45756

Schmulow, A.D.: “UK regulators get tough; ASIC walks softly”, in ‘Banking’, ASIA-PACIFIC BANKING & FINANCE, published by Australian Financial Publications, Sydney, NSW, Thursday, 6 August, 2015,

Schmulow, A.D.: “Will regulators run the banks?”, in ‘Banking’, ASIA-PACIFIC BANKING & FINANCE, published by Australian Financial Publications, Sydney, NSW, Monday 19 May, 2015,

Schmulow, A.D.: “Twin Peaks plus other means will strengthen SA”, in Opinion & Analysis, Financial System, Business Report, THE STAR, published by Independent Media, Thursday, 19 March, 2015, p. 18, http://www.iol.co.za/business/opinion/columnists/twin-peaks-plus-other-means- will-strengthen-sa-1.1834060#.VRAlxUKZbdk

Schmulow, A.D.: “Twin Peaks plus other means will strengthen SA”, in Opinion & Analysis, Financial System, Business Report, THE PRETORIA NEWS, published by Independent Media, Thursday, 19 March, 2015, p. 18, http://www.iol.co.za/business/opinion/columnists/twin- peaks-plus-other-means-will-strengthen-sa-1.1834060#.VRAlxUKZbdk

Schmulow, A.D.: “Twin Peaks plus other means will strengthen SA”, in Opinion & Analysis, Financial System, Business Report, CAPE TIMES, published by Independent Media, Thursday, 19 March, 2015, p. 18, http://www.iol.co.za/business/opinion/columnists/twin-peaks-plus-other- means-will-strengthen-sa-1.1834060#.VRAlxUKZbdk

Schmulow, A.D.: “Twin Peaks plus other means will strengthen SA”, in Opinion & Analysis, Financial System, Business Report, CAPE ARGUS, published by Independent Media, Thursday, 19 March, 2015, p. 18, http://www.iol.co.za/business/opinion/columnists/twin-peaks-plus-other- means-will-strengthen-sa-1.1834060#.VRAlxUKZbdk

Schmulow, A.D.: “Twin Peaks plus other means will strengthen SA”, in Opinion & Analysis, Financial System, Business Report, THE NATAL MERCURY, published by Independent Media, Thursday, 19 March, 2015, p. 18, http://www.iol.co.za/business/opinion/columnists/twin- peaks-plus-other-means-will-strengthen-sa-1.1834060#.VRAlxUKZbdk

Schmulow, A.D.: “Twin Peaks plus other means will strengthen SA”, in Opinion & Analysis, Financial System, Business Report, DAILY POST, published by Independent Media, Thursday, 19 March, 2015, p. 18, http://www.iol.co.za/business/opinion/columnists/twin-peaks-plus-other- means-will-strengthen-sa-1.1834060#.VRAlxUKZbdk

Schmulow, A.D.: “Twin Peaks plus other means will strengthen SA”, in Opinion & Analysis, Financial System, Business Report, ISOLEZWE, published by Independent Media, Thursday, 19 March, 2015, p. 18, http://www.iol.co.za/business/opinion/columnists/twin-peaks-plus-other-means- will-strengthen-sa-1.1834060#.VRAlxUKZbdk

Schmulow, A.D.: “Who’s regulating the financial regulators?” ‘Unconventional Economist in Australian Economy’, MACRO BUSINESS, published by Macro Associates, 4 March, 2015, 1:59pm, http://www.macrobusiness.com.au/2015/03/whos-regulating-financial-regulators/

Schmulow, A.D.: “To clean up the financial system we need to watch the watchers”, in Investment, News, FATCAT, published by FatCat.com.au, 4 March, 2015, http://www.fatcat.com.au/news/home/Investment/1449_0.html

Schmulow, A.D.: “To clean up the financial system we need to watch the watchers”, in Analysis and Comment, Business & Economy, THE CONVERSATION, AU Edition, published by The Conversation Media Group, 4 March, 2015, 2.11pm AEDT, https://theconversation.com/to- clean-up-the-financial-system-we-need-to-watch-the-watchers-38359

Schmulow, A.D.: “Approaches to Financial System Regulation: An International Comparative Survey”, TABB FORUM, published by The Tabb Group, LLC, Boston, Massachusetts, 10 February, 2015, http://tabbforum.com/researches/approaches-to-financial-system- regulation-an-international-comparative-survey

Schmulow, A.D.: “Do not enfeeble ‘twin peaks’ as UK did,” in ‘Opinion,’ BUSINESS DAY, SOUTH AFRICA, published by Times Media (Pty) Ltd, Media Division, Johannesburg, Friday, 6 February, 2015, Late Final edition, p. 9.

Schmulow, A.D.: “Do not enfeeble ‘twin peaks’ as UK did,” in ‘Opinion & Analysis,’ BD LIVE, BUSINESS DAY, SOUTH AFRICA, published by Times Media (Pty) Ltd, Johannesburg, 6 February, 2015, 06:08, http://www.bdlive.co.za/opinion/2015/02/06/do-not-enfeeble-twin- peaks-as-uk-did

Schmulow, A.D.: “Do not enfeeble ‘twin peaks’ as UK did,” in ‘Strategy Consulting, Management Consulting, Global Advisors, Breaking Business News,’ GLOBAL ADVISORS, published by Global Advisors (Pty) Ltd, Johannesburg, 6 February, 2015, http://www.globaladvisors.biz/inc-feed/20150206/do-not-enfeeble-twin-peaks-as-uk-did/

Schmulow, A.D.: “A pox on everyone’s house”, in ‘Home/ Opinion/ News in Focus’, MONEY MANAGEMENT, Vol. 28 Issue 21, 10 July, 2014, published by Cirrus Media, p. 10, http://www.moneymanagement.com.au/opinion/news-in-focus/a-pox-on-everyone-s-house

Schmulow, A.D.: “I’m pro-Israel, but . . .”, THE STIRRER, 8 October, 2012, http://www.thestirrer.com.au/im-pro-israel-but/

Schmulow, A.D.: “The Smoking Gun”, THE STIRRER, 24 September, 2012, http://www.thestirrer.com.au/the-smoking-gun/

Schmulow, A.: “Lunacy's last stand”, in ‘Homophobia, Part 5, Same-Sex Issues Part 4’, LGS, LESBIAN AND GAY SOLIDARITY MELBOURNE, 28 November, 2009, http://www.josken.net/homoph5d.htm

Schmulow, A.: “Our paradigm of banking regulation is shot,” ON LINE OPINION, AUSTRALIA’S E- JOURNAL OF SOCIAL AND POLITICAL DEBATE, Wednesday, 2 September 2009, available at http://www.onlineopinion.com.au/view.asp?article=9372.

This article was measured for reader impact using the SEPADO scale and achieved inclusion in the highest reader impact category.

Schmulow, A.: “Old Guard Must Go: UFS executive has fostered racism on campus,” Op Ed. Main piece, THE CITIZEN, Johannesburg, 12 September, 2008, p. 12.

Schmulow, A.D.: “SOUTH AFRICA: ‘Hostel of hate’ to be shut down,” UNIVERSITY WORLD NEWS, Africa Edition, 8 June 2008, http://www.universityworldnews.com/article.php?story=20080606130624943.

This article lead to two interviews conducted by ‘Die Volksbald,’ a leading South African Afrikaans daily newspaper.

Schmulow, A.D.: “Ban contacts with University of the Free State,” UNIVERSITY WORLD NEWS, Special Africa Edition, 23 March 2008, http://www.universityworldnews.com/article.php?story=20080320160237505.

This article lead to an interview conducted by ‘Die Volksbald,’ a leading South African Afrikaans daily newspaper.

Schmulow, A.D.: “A return to social progression?” BNEWS / MELBOURNE STAR, No. 182, 10 January 2008, p. 8.

Schmulow, A.D.: “The rule of law and banking in Indonesia,” CAMPUS REVIEW, Australasia’s Higher Education and Training Newspaper, published by Campus Review Pty Ltd, Sydney, Vol. 10, No. 21, June 7-13, 2000, p. 14, Postgraduate Forum (4).

Schmulow, A.D.: “SA needs to weigh its options carefully in choosing between China and Taiwan,” BUSINESS DAY, Times Media Limited, Johannesburg, Monday, September 30, 1996, p. 12.

Schmulow, A.D.: “SA trade certain to be scorched by Chinese dragon,” BUSINESS DAY, Times Media Limited, Johannesburg, Thursday, April 18, 1996, p. 12.




-----Cited by the following media-----




D’Arcy, Nicholas: “A leg to stand on: your myki rights,” in ‘Society’, LOT’S WIFE, Edition 2, published by Monash University Student Association, April 2016, p 22ff.

Gascoigne, Heather: “CIFR researcher suggests South African model to curb reckless lending in Australia”, in ‘Media & Latest News’, CENTRE FOR INTERNATIONAL FINANCE AND REGULATION, published by Centre for International Finance and Regulation, 2 December, 2015 http://www.cifr.edu.au/site/Latest_news/CIFR_researcher_suggests_South_African_model_to_curb_reckless_lending_in_Australia.aspx

Lewis, Taylee: “Government abandons bank deposit tax”, INVESTORDAILY, published by Sterling Publishing Pty Ltd, Wednesday, 2 September, 2015, http://www.investordaily.com.au/regulation/38120-govt-abandons-labor-s-bank-deposit-tax

Houston, Cameron & Spooner, Rania: “The war on myki: Julian Burnside QC leads legal team to help Melbourne commuters fight fines in court”, in ‘Victoria’, THE AGE NEWSPAPER, published by Fairfax Media, 27 August, 2015, http://www.theage.com.au/victoria/the-war-on-myki- julian-burnside-qc-leads-legal-team-to-help-melbourne-commuters-fight-fines-in-court- 20150825-gj6x9t.html

Jones, Dr Evan: “To fix Australia’s banking culture: Start sending bank CEOs to gaol” BANKVICTIMS.COM.AU, Tuesday, 25 August 2015 05:33, http://bankvictims.com.au/dr- evan-jones/item/11749-to-fix-australia-s-banking-culture-start-sending-bank-ceos-to-gaol

Fry, Elizabeth: “Global banks face more litigation from angry investors”, in ‘Banking, Capital Markets’, ASIA-PACIFIC BANKING & FINANCE, published by Australian Financial Publications, Sydney, NSW, Monday, 24 August, 2015, https://www.australianbankingfinance.com/banking/global-banks-face-more-litigation-from- angry-investors/

Sheather, Brent: “The Reluctant Regulators”, in ‘Business’, THE NEW ZEALAND HERALD, published by NZME Publishing Limited, Wednesday, 2 September, 2015, 9:27am, http://www.nzherald.co.nz/business/news/article.cfm?c_id=3&objectid=11503859

Sheather, Brent: “The Reluctant Regulators”, WEEKLY REPORT – AUGUST 2015, published by Private Asset Management Ltd, 24 August, 2015, http://www.nzherald.co.nz/business/news/article.cfm?c_id=3&objectid=11503859

Jones, Evan: “To fix Australia's banking culture: Start sending bank CEOs to gaol”, in ‘Business’, INDEPENDENT AUSTRALIA, published by Independent Australia, 12 August 2015, 12:00pm, https://independentaustralia.net/business/business-display/to-fix-australias-banking-culture- start-sending-bank-ceos-to-gaol,8044

Fry, Elizabeth: “Have UK banks learnt nothing from Libor mess?”, in ‘Banking’, ASIA-PACIFIC BANKING & FINANCE, published by Australian Financial Publications, Sydney, NSW, Wednesday, 5 August, 2015, https://www.australianbankingfinance.com/banking/have-uk- banks-learnt-nothing-from-libor-mess-/

“Vic QC to challenge Myki fines”, Nine News at 6, Victoria, CHANNEL NINE, Tuesday, 4 August, 2015, 6:00pm.

Stevenson, Ross & Burns, John: “Breakfast with Ross & John”, on 3AW Breakfast, 3AW693 AM NEWS TALK, Tuesday, 4 August, 2015, http://www.3aw.com.au/news/3aw-breakfast-ross- and-john-podcasts-20141214-126v6a.html / https://www.rewindradio.com/3aw/dr-andy- schmulow-talks-to-3aw-about-the-legality-of-myki-fines

Mannix, Liam: “It’s not that far from the watchdogs to those watched”, in ‘BusinessDay – Cover Story, THE SYDNEY MORNING HERALD, p. 8/9, published by Fairfax Media, 25-26 July, 2015.

Padula, Danielle: “Regulating the Regulator: Dr. Andy Schmulow compares global financial systems in the aftermath of the GFC”, SCHOLASTICA BLOG, published by Scholastica LLC, Chicago, Illinois, 29 June, 2015, http://blog.scholasticahq.com/post/122773626658/regulating-the- regulator-dr-andy-schmulow

Chey, Jocelyn: “Prudent regulation of HK’s stock market is warranted,” in ‘Opinion’, CHINA DAILY ASIA, Hong Kong, Friday, 5 June, 2015, 09:28, http://www.chinadailyasia.com/opinion/2015- 06/05/content_15272782.html

McConnell, Pat: “War on banking’s rotten culture must include regulators”, in Analysis and Comment, Business & Economy, THE CONVERSATION, AU Edition, published by The Conversation Media Group, 4 June, 2015 2.14pm AEST, https://theconversation.com/war- on-bankings-rotten-culture-must-include-regulators-42767

Fry, Elizabeth: “Too big to bail: Aussie banks need a living will”, in ‘Banking’, ASIA-PACIFIC BANKING & FINANCE, published by Australian Financial Publications, Sydney, NSW, Monday, 4 May, 2015,

Fry, Elizabeth: “Basel attacks on credit ratings premature?”, in ‘Banking, Capital Markets’, ASIA- PACIFIC BANKING & FINANCE, published by Australian Financial Publications, Sydney, NSW, Monday, 20 April, 2015, 4:30pm,

Williams, Marion: “APRA and ASIC need cultural shift”, in ‘Today’s Top Stories, Banking’, ASIA- PACIFIC BANKING & FINANCE, published by Australian Financial Publications, Sydney, NSW, Monday 9 March, 2015, 4:52pm,

Moo, Michelle: “Melbourne academics advise South African government on financial sector regulation”, in ‘University News’, MELBOURNE UNIVERSITY STAFF / STUDENT E-NEWS (MUSSE), no. 152, 15 February, 2015, http://musse.unimelb.edu.au/february-15- 152/melbourne-academics-advise-south-african-government-financial-sector-regulation

Byner, Leon: “Morning Program”, on ‘Radio FIVEaa, Adelaide, 5RM Riverland, 5CC Port Lincoln, 5AU Port Augusta and 5CS Port Pirie’, 1395 AM, FIVEAA TALKING ADELAIDE, broadcast by Nova Entertainment, Tuesday, 17 February, 2015, 9:40am, http://www.fiveaa.com.au/shows/leon-byner/berry-recall-is-a-big-problem

Jefferson, Andrew: “Frozen berries hepatitis A scare widens, class action possible”, in ‘News, Victoria’, HERALD SUN, published by News Corporation, Melbourne, Victoria, 17 February, 2015, 3:06pm, http://www.heraldsun.com.au/news/victoria/frozen-berries-hepatitis-a-scare- widens-class-action-possible/story-fni0fit3-1227221872052

Christie, Robin: “Twin peaks: regulation fit for export”, in ‘Home, Banking’, ASIA-PACIFIC BANKING & FINANCE, published by Australian Financial Publications, Sydney, NSW, 13 February, 2015, http://abandf.net.au/banking/twin-peaks--regulation-fit-for-export/

Christie, Robin: “Australian regulation model good for financial stability”, in ‘Home, News, News article, Infinance News’, FINSIA, published by Finsia, Sydney, NSW, 12 February, 2015, http://www.finsia.com/news/news-article/2015/02/11/australian-regulation-model-good-for- financial-stability

Alembakis, Rachel: “Australia's Twin Peaks Regulatory Model Optimal: CIFR”, in ‘Top Stories, Market Infrastructure’, GLOBAL CUSTODIAN, 11 February, 2015, published by Asset International Inc., Stamford, CT, http://www.globalcustodian.com/au/news/news_article.aspx?id=2147489857#.VNvxVUKZbd m

Global Custodian is the leading international industry journal for the international securities industry. It is distributed to 20,000 investment professionals around the world. Global Custodian’s annual surveys are regarded as benchmarks for the industry.

Burke, Alex: “Twin Peaks model optimal for financial stability”, in ‘News, Regulatory’, FINANCIAL STANDARD, published by Rainmaker Group, Sydney, NSW, Wednesday, 11 February, 2015, 12:10pm, https://www.financialstandard.com.au/news/view/47632308

Preslin, Elvis: “Saturday PM Live”, on ‘SAfm’, SABC RADIO, 104 – 107 FM, South African Broadcasting Corporation, 7 February, 2015, 8:35pm, Johannesburg, http://www.wits.ac.za/files/m0qqs_941701001423745828.mp3

“Financial regulation in SA”, in ‘Home, Media Centre, News Items, 2015-02’, UNIVERSITY OF THE WITWATERSRAND, JOHANNESBURG WEBSITE, 3 February, 2015, http://www.wits.ac.za/newsroom/newsitems/201502/25580/news_item_25580.html

“Financial sector regulation - South Africa looks to emulate Australia's 'Twin Peaks' model”, in AIST SUPERSOURCE JANUARY 2015 EDITION, published by the Australian Institute of Superannuation Trustees, Melbourne, 30 January, 2015.

“Financial sector regulation - South Africa looks to emulate Australia's 'Twin Peaks' model”, in Research Spotlight, ‘Research’, CENTRE FOR INTERNATIONAL FINANCE AND REGULATION (CIFR), published by The Centre for International Finance and Regulation (CIFR), 27 January, 2015, http://www.cifr.edu.au/site/Research/Research_Spotlight_- _South_Africa_to_emulate_Australias_Twin_Peaks_Model.aspx?utm_source=CIFR+database &utm_campaign=05277738c4- South_Africa_emulate_Australia_Twin_Peaks_&utm_medium=email&utm_term=0_0bd28473 a3-05277738c4-170689105

Williams, Ruth: “Merit in oversight board for ASIC, but only if it's got teeth”, in ‘BusinessDay’, THE AGE NEWSPAPER, online edition, published by Fairfax Media, 28 January, 2015, 12:00am, http://www.theage.com.au/business/merit-in-oversight-board-for-asic-but-only-if-its-got- teeth-20150127-12z7zy.html

Williams, Ruth: “Any ASIC overseer must have teeth”, in ‘BusinessDay - Opinion’, THE AGE NEWSPAPER, p. 30, published by Fairfax Media, 28 January, 2015.

Williams, Ruth: “Merit in oversight board for ASIC, but only if it's got teeth”, in ‘BusinessDay’, THE SYDNEY MORNING HERALD, p. 12, published by Fairfax Media, 28 January, 2015, 12:00am, http://www.smh.com.au/business/merit-in-oversight-board-for-asic-but-only-if-its-got-teeth- 20150127-12z7zy.html#ixzz3Q1oJkNAT

Anonymous: “There is no legal basis for fining Myki ticket evaders! Most of those who admit their guilt are exempted from a fine”, IN AUSTRALIA, 588 MAGAZINE, 8 October, 2014, 11:07am, http://blog.sina.cn/dpool/blog/s/blog_7f1aef760102v4x4.html?vt=4

Anonymous: “Do you get off if you admit your guilt? There is no legal basis for the Victorian Public Transportation Office to fine ticket evaders”, in ‘News’, ADELAIDE FORUM, published by Adelaide Forum, 1 October, 2014, 9:32am, http://www.adelaideluntan.com.au/article-930- 1.html

Anonymous: “Do you get off if you admit your fault? There’s basically no law to fine myki ticket evaders!”, MELBOURNE TODAY, 1 October, 2014, 09:54am, http://www.meltoday.com/m/nbencandy.php?fid=20&id=183074

Houston, Cameron and Spooner, Rania: “Myki fines fail in court”, in ‘Victoria News’, THE AGE NEWSPAPER, published by Fairfax Media, 30 September, 2014, http://www.theage.com.au/victoria/myki-fines-fail-in-court-20140929-10nlbk.html

Anonymous: “All is not fine with myki”, OMNY, published by 121cast Pty Ltd, Posted 29 September, 2014 2:13:43pm, http://omnyapp.com/shows/the-age-headlines/all-is-not-fine-with-myki

Posted by Jim and Mary: “Cruisin’ for a bruising”, OVER THE NET BLOG, Tuesday 16 August, 2011, http://overthenet.blogspot.com.au/2011/08/cruisin-for-bruisin.html

Anonymous: “Case Study: Cruise Ships and How NOT to Buy Art”, THE MINISTRY OF ARTISTIC AFFAIRS, Thursday, August 11, 2011, http://blog.ministryofartisticaffairs.com/2011/08/case- study-cruise-ships-and-how-not-to.html

Schwartzkoff, Louise: “Cruise liner's art auctions leave investors all at sea”, in ‘Entertainment, Art and Design’, THE AGE NEWSPAPER, online edition, published by Fairfax Media, 10 August, 2011, http://www.smh.com.au/entertainment/art-and-design/cruise-liners-art-auctions-leave- investors-all-at-sea-20110809-1ikvl.html

Schwartzkoff, Louise: “'Overpriced' on-board auctions leave passengers all at sea”, TRAVELLER, 10 August, 2011, 12am, http://www.traveller.com.au/overpriced-onboard-auctions-leave- passengers-all-at-sea-1iljt

Rosenberg, Jen: “Overloaded service takes smile off the dial”, Sydney Morning Herald, in ‘News and Features’, p. 10, 7 May, 2011, http://newsstore.fairfax.com.au/apps/viewDocument.ac;jsessionid=30D9A51952B5F1A3D32 74BFBD0D86E13?sy=afr&pb=all_ffx&dt=selectRange&dr=1month&so=relevance&sf=text&sf =headline&rc=10&rm=200&sp=brs&cls=2077&clsPage=1&docID=SMH110507CO4TQ36C6 0B

Glanville, Brigid: “Swan announces cap on deposit guarantee”, PM RADIO NATIONAL - Friday, 24 October , 2008 18:14:00, http://www.abc.net.au/pm/content/2008/s2400831.htm

Van der Merwe, Naudé: “Cut ties with UV, asks lawyer, Kovsies must be isolated academically”, DIE VOLKSBLAD, published by Media 24, Bloemfontein, 1 May, 2008, http://152.111.11.6/argief/berigte/volksblad/2008/05/01/VB/7/nvmuv.html

Sidimba, Loyiso: “International boycott aimed at ‘racist’ UFS”, CITY PRESS, published by City Press, 28 April, 2008, http://152.111.1.87/argief/berigte/citypress/2008/04/28/CP/5/lsUFSboycott.html

Mummery, Jane: “Rethinking the Democratic Project: Rorty, Mouffe, Derrida and Democracy to Come”, BORDERLANDS E-JOURNAL, Vol. 4 Number 1, 2005, ISSN 1447-0810, http://www.borderlands.net.au/vol4no1_2005/mummery_rethinking.htm




-----Editorships-----




* Past member of the Board of Editors: JOURNAL OF BUSINESS SYSTEMS, GOVERNANCE & ETHICS (JBSGE), ISSN 1833-4318. An on-line peer reviewed journal.




-----PAPERS DELIVERED AT CONFERENCES-----




Schmulow, Andrew D.: “Consumer Protection and Financial System Stability under Australia’s Twin Peaks Model of Financial System Regulation”, OPTIMAL SHARING RULES FOR FINANCIAL CONSUMERS, 2015 Global Financial Consumer Forum (2015 Annual Conference of the IAFICO), hosted by the International Academy of Financial Consumers (IAFICO), Jeju National University (International Convention Centre), South Korea, 31 October & 1 November, 2015, Plenary Session 4, ‘Financial Supervision for Consumer Protection’, Presentation 1, 1 November 2015, Grand Room, Jeju National University International Convention Centre.

Schmulow, A.D.: “An APRA-free paracetamol for an HIH-sized headache!” CHANGING LAW, ALTA 2003, the Australasian Law Teachers Association Conference 2003, hosted by the Faculty of Law, Griffith University, 6 – 9 July 2003, Panel: Company Law II, Session 1, Paper 2, 9 July 2003, Inchcolm Room 2, Inchcolm Hotel, Brisbane, Queensland, Australia.

Schmulow, A.D.: “Prudential Regulation and Banking in Indonesia,” LAW’S ENTERPRISE, The 21st Annual Conference of the Australia and New Zealand Law and History Society, hosted by the Division of Law, Macquarie University, Sydney, Australia, 11-13 July 2002, Panel: Debt, Banking and Market Culture, Session 5A, Paper 3, 12 July 2002, The Ballroom, The Carrington Hotel, Katoomba, New South Wales, Australia.

Schmulow, A.D.: “In your dreams! Compelling prudential regulation in the Indonesian banking sector and other acts of sorcery,” TRADITION & INNOVATION IN THE LAW: OLD PATHS, NEW DIRECTIONS, ALTA 2001, the Australasian Law Teachers Association Conference 2001, hosted by the Faculty of Law, The University of the South Pacific, 1 – 4 July 2001, Panel: Comparative and Asian Law, Session 1, Paper 1, 2 July 2001, Room 10, Law Faculty, Emalus Campus, The University of the South Pacific, Port Vila, Vanuatu.

Schmulow, A.D.: “Re-inventing the Wheel. Staving off another banking collapse in Indonesia without Rule of Law,” MARKETS, BODIES, BORDERS. THE FUTURE(S) OF LEGAL REGULATION, a national interdisciplinary postgraduate student conference hosted by the Faculty of Law, The University of Sydney, 1 – 2 October 1999, Panel: Corporate Governance, International Markets, Session 2, Paper 3, 1 October 1999, Room S225, Main Quadrangle, Main Campus, The University of Sydney, Sydney, Australia.

Shelton, Dr G.L.; Catley, Dr R.; Schmulow, A.D.: “Old Commonwealth Linkages For New: South Africa And Australia Searching For Common Ground,” JOINT CONFERENCE OF THE AUSTRALASIAN POLITICAL SCIENCE ASSOCIATION AND EUROPEAN UNION STUDIES ASSOCIATION OF NEW ZEALAND, 27 - 30 September 1998, Panel: South Africa, Paper 3, 30 September 1998, The Arts Function Centre, The Arts Centre, Christchurch, New Zealand. Hosted by the Department of Political Science, University of Canterbury, Christchurch, New Zealand.

Schmulow, A.D.: “Productivity and Growth in South Africa under a New (Labour) Regime,” AUSTRALASIAN POLITICAL STUDIES ASSOCIATION, 1997 Annual Conference, 29 September to 1 October 1997, Panel: African Politics, Paper 2, 29 September 1997, The Flinders University of South Australia, Adelaide, Australia.

Schmulow, A.D.; Liebenberg, Dr P.W.: “North Korea's bomb: The strategy of deceit,” SOUTH AFRICAN POLITICAL STUDIES ASSOCIATION, Biennial Research Colloquium, Panel 8: Area Studies, Paper 2, 10 October 1996, Hunter's Rest, Rustenburg.

Schmulow, A.D.; Greyling, Prof. L.: “The Impact of Labour Law Reforms, and Government Tax and Spending Policies, on South African International Economic Competitiveness,” NATIONAL PRODUCTIVITY INSTITUTE - 1996 WORLD PRODUCTIVITY ASSEMBLY, 3 September 1996, Carlton Hotel, Johannesburg.

Schmulow, A.D.; Greyling, Prof. L.; de Wet, Dr M.: “The Economic and Socio-Political Constraints on Central Bank Monetary Policy,” THE ECONOMIC SOCIETY OF SOUTH AFRICA, Biennial Conference, 8 September 1995, Rand Afrikaans University, Johannesburg.




-----Published Conference Proceedings-----




* Shelton, Dr G.L.; Catley, Dr R.; Schmulow, A.D.: “Old Commonwealth Linkages For New: South Africa And Australia Searching For Common Ground,” in Bianchini, A.; Dolby, J.; & Holland, M.,: compilers, PROCEEDINGS OF THE JOINT CONFERENCE OF THE AUSTRALASIAN POLITICAL SCIENCE ASSOCIATION AND EUROPEAN UNION STUDIES ASSOCIATION OF NEW ZEALAND, Vol. 1, Refereed Papers, Australasian Political Science Association, 27 - 30 September 1998, Christchurch, New Zealand, p. 592ff.

* Schmulow, A.D.: “Productivity and Growth in South Africa under a New (Labour) Regime,” in Crowder, G.; Manning, H.; Mathieson, D.S.; Parkin, A.; & Seabrooke, L.,: eds., AUSTRALASIAN POLITICAL STUDIES 1997: Proceedings of the 1997 Annual APSA Conference, Vol. 3, Australasian Political Studies Association, 29 September to 1 October 1997, Department of Politics, The Flinders University of South Australia, p. 907ff.

* Schmulow, A.D.; Greyling, Prof. L.: “The Impact of Labour Law Reforms, and Government Tax and Spending Policies, on South African International Economic Competitiveness,” NATIONAL PRODUCTIVITY INSTITUTE - 1996 WORLD PRODUCTIVITY ASSEMBLY, 3 September 1996, Johannesburg.




-----Book Reviews-----




* Douwes-Dekker, L., Majola, A., Visser, P., & Bremner, D., 1995. COMMUNITY CONFLICT: The challenge facing South Africa. Cape Town: Juta & Co Ltd., pp. 148. POLITEIA, Department of Political Sciences, University of South Africa, Vol. 16, No. 1, 1997, p. 112ff.

* CUBA IN THE INTERNATIONAL SYSTEM - Normalization and Integration. Timothy M. Shaw: General Editor; Archibald R. M. Ritter and John M. Kirk: Editors; Macmillan Press, 1995, 277 pp. SOUTH AFRICAN JOURNAL OF INTERNATIONAL AFFAIRS, The South African Institute of International Affairs, Vol. 3, No. 2, Summer 1996, p. 194ff.




-----Short Stories and Poems-----




Schmulow, A.D.: “Fieldwork,” in Vivian, W., ed.,: Prose, THE PIXEL PAPERS, http://members.iinet.net.au/~pixpress/20Prose.html, http://members.iinet.net.au/~pixpress/20Prose.html#Andrew D. Schmulow

Reprinted with permission.
Schmulow, A.D.: “The Curse of the Traveller,” in Vivian, W., ed.,: Verse, THE PIXEL PAPERS, http://members.iinet.net.au/~pixpress/20Poetry.html, http://members.iinet.net.au/~pixpress/20Poetry.html#Andrew D. Schmulow

Schmulow, A.D.: “Fieldwork,” in Irvine, I., & King-Smith, S., eds.,: THE ANIMIST - ELECTRONIC JOURNAL OF THE ARTS, Vol. 3, Interim Animist October 1998. Registered as an Electronic Journal with the National Library of Australia and the 'ISSN International Centre,' Paris, France. ISSN 1440-5628. http://www.diskotech.com.au/asphodel/pg000064.html

* Schmulow, A.D.: “Five Facts Per Page,” ORMOND PAPERS, Vol. XVII, [2000], Ormond College, The University of Melbourne, Parkville, Victoria, Australia, p. 95 ff.




Note: asterisk [*] indicates publication refereed/peer-reviewed.
Current projects
An edited comparative international analysis of the Twin Peaks model of financial system regulation, with co-editor Andrew Godwin of the Melbourne Law School, published by Cambridge Press.
Research profile
Research profile and publications
 

Ms Angelyn Seen

Research Assistant
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Email
angelyn.seen@uwa.edu.au
Research profile
Research profile and publications
 
Ken Shao

Professor Ken Shao

Professor
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 2959
Fax
+61 8 6488 1045
Email
ken.shao@uwa.edu.au
Qualifications
LLB Nanjing, LLM, PhD Q.Mary (Lond.)
Biography
Professor Ken Shao, PhD (London), LLM (London), LLB (Nanjing), is a Professor at the Law School of the University of Western Australia. His research covers intellectual property, innovation and China-related issues in an inter-disciplinary context of law, history and culture. He holds a PhD and an LLM from Queen Mary Intellectual Property Research Institute, University of London, which is part of a top-3 UK law school (Guardian University Guide 2018). He also holds an LLB from the century-old Nanjing University, which is one of the best and most respected Chinese universities located in the Jiangnan/Shanghai region – the nation’s traditional and contemporary centre of education, economy and culture.

Ken is a world pioneer and leader in inter-disciplinary and cross-cultural Chinese law education for the non-Chinese Learner. He has over ten years of experience in creating, managing and delivering innovative, influential Chinese law and China knowledge courses for Australia’s young elites and future leaders. Benefited from Perth’s recent position as Australia’s largest two-way trading partner with China and generous funding from Minter Elision and the Federal Government’s Mobility Projects, Ken has founded two Chinese law programs initially for Murdoch University and then for the University of Western Australia. These programs, first of their kind, aim to generate profound intellectual impact among the students and support them to be ready for excelling in the 21st-century Asia-pacific era. To date, over 260 students have graduated from these programs. Some of them are working at top multinationals, such as Woodside and King & Wood, in Australia, Hong Kong, Singapore and Mainland China.

Ken has published with renowned journals such as the WIPO Journal, Kritika, Tsinghua Law Review, Hong Kong Law Journal, Columbia Journal of Asian Law and Peking University Intellectual Property Law Review. One of his key research areas is a counter to Harvard Professor William Alford’s widely accepted view on China’s copyright history. His latest works include a SIPO-funded Chinese translation (with Dr Nan Zhang) of Peter Drahos’s landmark book, The Global Governance of Knowledge: Patent Offices and their Clients (Cambridge University Press, 2010; China Intellectual Property Publishing House, 2013), and Innovation and Intellectual Property in China: Strategies, Contexts and Challenges (edited with Xiaoqing Feng; Edward Elgar, 2014). The latter elaborates on China’s latest innovation policies and IP strategies from socio-legal perspectives and is contributed by leading experts from UK, US, Australia and China, including the former Chief Judge of the Intellectual Property Court of China’s Supreme Court. His monograph, Elegant Creativity as a Tradition: How Chinese Culture can become a Constructive Participant in Global Governance, will be published by Tsinghua University Press in 2018.

Ken serves as an Education Committee member at the Australia China Business Council (ACBC), which is the premier China-Australia business organization, and is also an adjunct professor and research fellow at China University of Political Science and Law in Beijing (ranked #1 among China’s law universities), and the Centre for Studies of Intellectual Property Rights of Zhongnan University of Economics and Law (one of the leading Chinese IP centres led by former Chairman of China’s Intellectual Property Society and former Zhongnan Vice-Chancellor Professor Wu Handong). He has been invited to speak at high-level international conferences held in Japan, South Korea, Hong Kong, Mainland China, Britain and Australia, and to give lectures in internationally leading universities such as Peking University, Shanghai Jiaotong University, The Hong Kong Polytechnic University and Hokkaido University. He has been interviewed by SkyNews, ABC, China Radio International, New York Times, The Australian and Guardian (UK) on topical issues such as Huawei’s NBN bids, Chinese outbound investment, and U.S. President Obama’s formal visit to Australia.
Key research
Chinese culture & business, innovation economy & intellectual property
Publications
Books

1.Ken Shao & Xiaoqing Feng (ed.), Innovation and Intellectual Property in China: Strategies, Contexts and Challenges (Cheltenham: Edward Elgar, 2014).

3.Ken Shao & Nan Zhang (trans.), The Global Governance of Knowledge: Patent Offices and their Clients, Peter Drahos, Cambridge University Press, 2010 (published in Chinese by Intellectual Property Publishing House, Beijing China, 2013).


Journal Papers and Book Chapters

1.K. Shao, “The Ideas Boom: The Innovation Economy in the Post-ChAFTA Australia-China Relationship”, in Colin B. Picker et al (ed.), A 21st Century Model Trade Agreement?: Global Insights and Lessons from the China Australia Free Trade Agreement (Oxford: Hart, 2018).

2.K. Shao, “Neoliberal Capitalism and China’s Strategic Patent Framework for the Global Intellectual Property Regime”, forthcoming.

3.K. Shao, “Taobao, WeChat and Xiaomi: How Innovation Flourishes in China’s ‘Fertile Land of Intellectual Property Piracy’”, Kritika: A Collection of Essays in Intellectual Property (Cheltenham: Edward Elgar, 2017), pp. 22-43.

4.K. Shao, “Public Domain in China: a Historical and Empirical Survey”, UWA Law Review, Vol. 41:2 (2016), pp. 67-83.

5.K. Shao, “Beyond the Patent Totem: Australian and Chinese National Innovation Systems in the ‘Asian Century’”, Intellectual Property Quarterly (UK), Issue 3 (2016), pp. 247-259.

6.K. Shao, ‘Commercializing Intellectual Property: China’s Innovation Plan in a Global Context’, Zhengfa luncong (the Journal of Political Science and Law), No. 1 (2016), pp. 89-96.

7.K. Shao, ‘Chinese Humanism and the Social Functions of Intellectual Property’, Peking University Intellectual Property Review (Beijing: Peking University Press, 2015), pp. 235-243.

8.K. Shao, “The cores and contexts of China’s 21st-century national innovation system”, in Ken Shao & Xiaoqing Feng (ed.), Innovation and Intellectual Property in China: Strategies, Contexts and Challenges (Cheltenham: Edward Elgar, 2014), pp. 1-29.

9.K. Shao, “The Postmodernist Approach in the Public-interest Group’s View of Intellectual Property”, Zhengfa luncong (the Journal of Political Science and Law), No. 6 (2014), pp. 11-18.

10.K. Shao, “Chinese and Non-Chinese Narratives of China’s Self-driven Innovation and Intellectual Property”, Journal of Wuling, Vol. 39, No. 6 (2014), pp. 171-76.

11.K. Shao, “Zizhu chuangxin and China’s Self-driven Innovation: Calling for a Holistic Perspective”, Cardozo Law Review de novo (2013), pp. 168-195.

12.K. Shao, “History is a Key Decoder: Why China Aims at Re-emerging as a Global Leader of Innovation”, Law in Context, Vol. 29:1 (2013), pp. 117-132.

13.K. Shao, “Chinese Culture and Intellectual Property: Let’s Realize that we do not Know It”, The WIPO Journal, Vol. 4, No. 1 (2012), pp. 103-110.

14.K. Shao, “To Steal a Book is an Elegant Offense?: How to Analyse China’s Copyright History and the Chinese Mind-set of Creativity”, 2011’s Intellectual Property Rights Annual Journal (Beijing: Peking University Press, 2012), pp. 39-56. (14,600 Chinese words)

15.K. Shao, “William Alford and the Misunderstood Chinese Intellectual Property History: The Key to Unscrambling the Globally Unequal Intellectual Property Regime”, Zhengfa luncong, Vol. 4 (2012), pp. 115-128. (22,332 Chinese words)

16.K. Shao, “Monopoly or Reward? - The Origin of Copyright and Authorship in England, France and China and a New Criticism of Intellectual Property”, Hong Kong Law Journal, Vol. 41, Part 3 (2011), pp. 731-757.

17.K. Shao, “Patent Law, National Strategies and Policy Incentives: China’s Road to a Leading Innovator”, the International Trade and Business Law Review, Vol. 14 (2011), pp. 85-103.

18.K. Shao, “The Promotion of Learning in Chinese History: to Discover the Lost Soul of Modern Copyright”, Columbia Journal of Asian Law, Vol. 24, No. 1 (2010), pp. 63-85.

19.K. Shao, “Understanding Trademark Law from the Discipline of Economic History: a Sino-European Comparison”, Tsinghua Law Review (Tsinghua Faxue), Vol. 4, No. 5 (2010), pp. 139-151. (15,590 Chinese words)

20.K. Shao, “The Global Debates on Intellectual Property: What if China is not a Born Pirate?”, Intellectual Property Quarterly (UK), Issue 4 (2010), pp. 341-355.

21.K. Shao, “From Lockean Theory to Intellectual Property: Marriage by Mistake and its Incompatibility with Knowledge Creativity and Dissemination”, Hong Kong Law Journal, Vol. 39, Part 2 (2009), pp. 401-420.

22.K. Shao, “Software Protection in China: the Post-TRIPS Expansionism of Intellectual Property”, International Journal of Private Law, Vol. 2, No. 1 (2009), pp. 46-611.

23.K. Shao, “What May Validate Intellectual Property in a Traditional Chinese Mind? Examining the U.S.-China IP Disputes through a Historical Inquiry”, Journal of Information, Law and Technology (University of Warwick), Issue 1 (2006).

24.K. Shao, “Alien to Copyright?: A Reconsideration of the Chinese Historical Episodes of Copyright”, Intellectual Property Quarterly, London: Sweet & Maxwell, No. 4 (2005), pp. 400-31. (17,660 words)

25.K. Shao, “Look at My Sign! – Trademarks in China from Antiquity to the Early Modern Times”, The Journal of the Patent and Trademark Office Society, No. 8 (2005), pp. 654-82.

26.K. Shao, “Exhaustion of Rights and Free Trade in the EC: A Utilitarian Trend in Recent Cases on Parallel Import”, Peking University Intellectual Property Review (2004), pp. 207-16.

27.K. Shao, “Fair or Not: Comments on the Uncertainties of the Uniform Domain Name Dispute Resolution Policy (UDRP)”, Peking University Internet Law Review, Vol. 3 (2003), pp. 234-46.

28.K. Shao, “On the Premises of Understanding the Positive Interactions between Confucianism and Rule of Law”, Academic Journal of Soochow University (Philosophy & Social Science), Vol. 1 (2003), pp. 35-42.

29.K. Shao, “Approaches to the Belief in Constitutionalism”, The Rule of Law Forum (Fazhi luncong), Vol. 18 (2003), pp. 62-67.


Conference Publications (selected)

1.K. Shao, “Advanced Patent Law means Innovation? -- Australia’s Innovation Performance and its Implications for China”, 2015 International Conference on ‘Implementing IPR Stratagem and Perfecting IPR System’, Nanjing, China, April 2015.

2.K. Shao, “Postmodernist Approach in Contemporary Critical Studies of Intellectual Property”, 2013 International Conference on ‘Implementing IPR Stratagem and Perfecting IPR System’, Wuhan, China, April 2013.

3.K. Shao, “To Steal a Book is an Elegant Offense?: How to Analyze China’s Copyright History and the Chinese Mindset of Creativity”, 2011 International Conference on ‘Implementing IPR Stratagem and Perfecting IPR System’, Wuhan, China, April 2011.

4.K. Shao, “A Historical Accident: the Birth of the Rhetoric of Strong Intellectual Property Rights”, 2009 International Conference on Implementing IPR Stratagem and Perfecting IPR System, Guangzhou, China, May 2009.


Solicited Articles (selected)

1.K. Shao, “Chinese Opportunities in the Mining Downturn”, Skilled Migrant Professionals Magazine, Issue 4, 2015.
2.K. Shao, “Australia’s biggest ‘China threat’ is not Huawei, but itself”, The Conversation, 31 October 2013.
3.K. Shao, “History is the key to understanding Huawei”, The Conversation, 3 April 2012.
4.K. Shao, “The seeds of democratic culture in China”, The Conversation, 25 October 2011.
5.K. Shao, “Copyright battles shouldn't be fought for wrong reasons”, Global Times, 15th May 2011.
6.K. Shao, “Innovative spirit rooted in Chinese cultural DNA”, Global Times, 6th January 2011.
7.K. Shao, “China: a Pirate or an Innovator?”, Australia-China Entrepreneurs, December 2010.
8.K. Shao, “The True China Knowledge that Australian Businessmen Should Know”, Australia-China Entrepreneurs, September 2010.
9.K. Shao, “Australian Election 2010: Win-win or Compromise?”, China Legal Daily, 17th August, 2010.
10.K. Shao, “Patents could Trap Developing Nations at End of Value Chain”, Global Times, 14th July 2010.
11.K. Shao, “The US Patent Law Facing Complete Revision”, China Legal Daily, 23rd February 2008.
12.K. Shao, “Diverse and International Career Opportunities for Australian Law Graduates”, China Legal Daily, 3rd August 2008.
13.K. Shao, “The Two Londons that I Love”, Chinese Scholars (Education Ministry, China), November 2008.


Invited Conference Presentations (selected)

1.K. Shao, “On the Profound Realm: A Chinese Philosophy of Global Knowledge Governance”, Nankai Symposium on the Evolving Landscape of International Intellectual Property, 13-14 May 2017, Nankai University, Tianjin China.
2.K. Shao, “ChAFTA and Innovation Economy in China and (now) Australia”, The ChAFTA: One year after its signing Conference, 17-18 June 2016, UNSW Law School, Sydney.
3.K. Shao, “China’s Future Intellectual Property Strategies”, 2016 IPR Nanhu Summit, 19-21 April 2016, Beijing China.
4.K. Shao, “Public Domain in China’s History”, Intellectual Property Academic Conference & Information Environmentalism Conference, 2-5 February, 2016, UWA, Perth.
5.K. Shao, “National Innovation Systems in Australia and China”, 2015 IPR Nanhu Summit, 17-19 April 2015, Nanjing China.
6.K. Shao, “The Commercialization of Patents and Cultural Industries: Intellectual Property Laws, Investment Models and International Barriers”, BIT 1st Global Congress of Knowledge Economy 2014, September 21-23, 2014, Qingdao International Convention Center.
7.K. Shao, invited plenary speaker, “The Chinese Tradition of Creativity and Its Role in China’s Re-emergence as a Global Innovation Leader”, the 4th Symposium of the Federation of Chinese Scholars Associations in Australia (FOCSA), Perth, December 2012. (Trip cancelled due to sabbatical commitment in China).
8.K. Shao, “National Innovation System (NIS) in China: Challenges and a Holistic Perspective”, “New Global Law and Policy for Multi-agential Governance” International symposium, Hokkaido University, funded by Japanese Ministry of Education, 24-25 November 2012.
9.K. Shao, “Innovation Policies and Strategies of China: the Latest Development”, Third Asia-Pacific Innovation Conference, October 13-14, 2012, Seoul National University, South Korea.
10.K. Shao, Roundtable on IP: “The Chinese Renaissance: Recent Trends of Intellectual Property Strategies in Mainland China”, The University of Hong Kong, 7 Jan 2012.
11.K. Shao, “Intellectual Property and Innovation-based Economy: Why There are Opportunities in China?”, Legalwise Seminars: Doing Business in China, Perth, 2011 (together with Duncan Calder, Partner-in-Charge, China Business Practice WA, KPMG and WA President ACBC; and Adam Handley, Partner, Corrs Chambers Westgar; chaired by Dr Kenneth Chern, former USA Consul General to Perth).
12.K. Shao, the 3rd Annual Conference on Innovation and Communication Law, Melbourne University Business School, 29-31 May, 2011.
13.K. Shao, the Second Asia-Pacific Innovation Conference, Tokyo, 28-29 March, 2011. (Trip cancelled due to Japanese nuclear crisis).
14.K. Shao, “Alford and the Misunderstanding of Chinese IP History”, 2011 IPR Nanhu Summit, Wuhan China.
15.K. Shao, “Creative Industries and Chinese Cultural Heritage”, 2010 IPR Nanhu Summit: Implementing IPR Strategies in the Context of Globalization, Wuhan China.
16.K. Shao, “Intellectual Property Developments in China: Global Challenge, Local Voices”, Drake University, the USA, October 2009 (unable to attend).
17.K. Shao, “The Global Financial Crisis and its Implications to the Global IP Regime”, 2009 IPR Nanhu Summit: Implementing IPR Stratagem and Perfecting IPR System, Guangzhou China.
18.K. Shao, “Proprietary Issues in Craft Skills in Late Imperial and Modern China”: the Association for Asian Studies Annual Meeting, Chicago University, March 2009. (I was invited because I was the only person who had conducted substantial studies on the role of technological creativity in knowledge transmission in pre-modern China; unable to attend).
19.K. Shao, “Reading Intellectual Property Rights without a Monopolistic Perspective”, 2008 IPR Nanhu Summit: Implementing IPR Stratagem and Perfecting IPR System (Wuhan, China), 19-20 April 2008. (Organized by China’s central government’s IP Strategy Office, supported by 45 leading media and attended by 300 people, it is the highest-level IP academic conference in China).
20.K. Shao, “Domain Names, Recent Policy Changes and Investment Opportunities in China”, Asia Pacific Intellectual Property Law Institute’s Professional Development Seminar, Western Australia Club, 3 October 2007.
21.K. Shao, “What May Validate Intellectual Property?: An Examination of the History of the US-China IP Disputes”, Second International Symposium: Alternative Frameworks for the Validation and Implementation of Intellectual Property in Developing Nations, University of Wolverhampton (UK), 6 February 2006.
22.K. Shao, “Authors and Copyrights in Traditional China”, ESRC Research Seminar: Creativity and Human Society – What does History Tell Us?, QMIPRI, University of London, 29 November 2004.


Invited Public Lectures (selected)

1.K. Shao, “Characteristics of China’s Innovation”, Peking University, 15 May, 2017.
2.K. Shao, “How to become an Excellent Lawyer”, Nanjing Technology University, 18 May, 2017.
3.K. Shao, “The New Role of Chinese Culture in Globalization”, Nanjing Normal University, 18 May, 2017.
4.K. Shao, “Globalization and Chinese law students”, Shanghai Jiaotong University, 14 December, 2016.
5.K. Shao, “The Notion of Creativity in Chinese History”, Asian Studies Seminar Series, UWA School of Social Science, 12 August 2016.
6.K. Shao, “Working as an International Lawyer”, Shanghai Jiaotong University, 28 April, 2016.
7.K. Shao, “Globalization and China’s Future Generations”, Beijing Normal University Zhuhai Campus, 26 April, 2016.
8.K. Shao, “Australia’s National Innovation and Science Agenda”, Guangdong Provincial Venture Capital Investment Association, 25 April, 2016.
9.K. Shao, “Intellectual property philosophies” for PhD students book club sessions, Peking University, 24 April, 2016.
10.K. Shao, “Creativity as a Chinese Cultural Tradition”, Peking University, 21 April, 2016.
11.K. Shao, “Globalization and China’s Future Generations”, Nanjing Normal University, 15 April, 2016.
12.K. Shao, “Foreseeing the Future of 21st-century China”, Nanjing Normal University, 4 Dec 2015.
13.K. Shao, “Neo-liberalism, Intellectual Property and China’s Innovation Strategies”, Sun Yat-sen University, Guangzhou, 23 Nov 2015.
14.K. Shao, “China, Innovation and Intellectual Property: Policy Frameworks, Micro-Details and Trends”, Indo-Pacific Executive Development Program, executive education course organized by Perth USAsia Centre, 11 Sept 2015.
15.K. Shao, “Entrepreneurship in the Australia-China Space”, Panelist for UWA’s innovation incubator Bloom, 26 Aug 2015.
16.K. Shao, “China Knowledge: Your Gateway to the 21st Century”, ANZ-sponsored career event by Australia-China Youth Association (ACYA) Murdoch and UWA Chapters, 21 May 2015.
17.K. Shao, Seminar: “China’s patent performance”, Zhongnan University of Economics and Law, Wuhan China, 17 April 2015.
18.K. Shao, Public lecture: “Foreign-China Technology Collaboration and Patent Challenges”, East China University of Political Science and Law in Shanghai, 23 October 2014.
19.K. Shao, Seminar: “The Commercialization of Patents and Cultural Industries”, Business School, Liverpool University Suzhou Campus, 20 October 2014.
20.K. Shao, “IP, China and the West in their Own Perspectives”, Zhejiang University of Technology, Hangzhou, 20 November 2012.
21.K. Shao, “Forward-looking: Tradition, Globalization and China’s Self-driven Innovation Strategies”, China University of Political Science and Law, Beijing, 30 October, 2012.
22.K. Shao, “China, Innovation Economy and Policy Orientations”, Wrays Intellectual Property Firm, 14 June, 2012.
23.K. Shao, Business School Lecture: “Intellectual Property, National Strategies and Policy Incentives in China”, The Hong Kong Polytechnic University, Feb 2011.
24.K. Shao, Beijing University IP School Lecture: “The Distorted Chinese Intellectual Property History: a Crux of Global IP Problems”, Peking University, China, Dec 2010.
25.K. Shao, the “Frontline Forum” Public Lecture Series: “China is Becoming the World’s Economic Leader – BUT of What?”, East China University of Political Science and Law, Shanghai China, Dec, 2010.
26.K. Shao, Business School Invited Lecture: “IP and China’s Role in the Global Information Order”, The Hong Kong Polytechnic University, Jan 2010.
27.K. Shao, Seminar: “IP and China: Culture, Rhetoric and History”, Zhongnan University of Economics and Law, Wuhan China, 12th May 2009.


Media Interviews (selected)

1.New York Times, China’s diverse views on intellectual property, 08 August 2017.
2.Bloomberg News, Chinese Internet services and app stores, 28 June 2016.
3.China Radio International, Baidu scandal, 24 May 2016.
4.Australian Financial Review: Perth Mint and Faked Coins from China, 30 August 2013.
5.ABC radio: What is the real Chinese culture?, 27 Sept 2012.
6.The Conversation on the Australian Government’s ban on China Huawei’s bids in NBN, 26 March 2012.
7.The Guardian (UK) on China’s role in Southeast Asia, 2 March 2012.
8.The West Australian on Australian entrepreneur Matthew Ng’s sentence by China court, 7th December 2011.
9.SkyNews on US President Obama’s visit to Canberra, 16th November 2011.
10.China Radio International (English) on Baidu copyright case, 4th April 2011.
11.China Radio International (English) on Washington China-US Strategic and Economic Dialogue (concerning IP issues), 10th May 2011.
12.With Peter Ollier, the Asia editor of Managing Intellectual Property, a global magazine for IP owners with around 10,000 readers, 3rd June 2011.
13.With Alistair Jones, The Australian; a featured report, “Law course tunes in to Chinese whispers”, appeared in The Australian, 19th March 2011.
Languages
English
Mandarin Chinese
Current external positions
Education Committee member (WA) at the Australia China Business Council (ACBC)

Research Fellow at China University of Political Science and Law

Adjunct Professor, the Centre for Studies of Intellectual Property Rights of Zhongnan University of Economics and Law
Useful links
Australia China Business Council
http://www.acbc.com.au/
Research profile
Research profile and publications
 
Nolan Sharkey

Professor Nolan Sharkey

Professor
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 2963
Fax
+61 8 6488 1045
Email
nolan.sharkey@uwa.edu.au
Qualifications
UnivCertPsych Derby, BA BCom Murd., GradDipLegSt NE, GradDipLegPr ANU, MTax JD PhD NSW, CA
Biography
Dr Nolan Sharkey’s work experience includes seven years as a tax consultant in the private sector prior to becoming a full time academic with UNSW in 2002. He joined UWA in 2014. He is a barrister of the NSW Supreme Court and the High Court and continues to give periodic tax technical advice. He has advised government bodies on international tax and China’s taxes. He has consulted to and advised the NSW government, the Institute of Chartered Accountants (ICAA), the Australian Tax Office, the Chinese National People’s Congress and China’s State Administration of Taxation amongst others. He has acted as examiner for both ICAA and the Chartered Institute of Taxation in the UK. Nolan has been a visiting scholar at the National University of Singapore, the National University of Taiwan, Xiamen University (China), Hong Kong University and Fengjia University (Taiwan). Nolan is a Barrister at Francis Burt Chambers in Perth.
Key research
Nolan's current research focuses on international tax and the interaction of income tax laws of different countries, particularly Australia, China, Singapore and Hong Kong. He is also interested on the impact of social institutions on law and the recognition of social institutions in law. Again the focus is on China and Australia, tax law, equity and trusts. Finally, Nolan is interested in taxation, international mobility and offshore structures and trusts.
Publications
Books and research monographs

•Sharkey, N. (editor), (2012), Tax in China and ASEAN: Path dependency & international ideals, Routledge, London
•Sharkey, N., Li, J. and Baum, M., (2005), Commentaries and Recommendations on Drafting the Chinese Basic Tax Law (GTZ Project for the Chinese National People's Congress), June

Articles in Reviewed Journals and Book Chapters
1.Sharkey, N and Murray, I (2015) Assessing The Appropriateness Of Administrative Leadership Using Social Psychological And Legal Principles: The Chinese Perspective, Forthcoming.
2.Sharkey, N and Murray, I (2015) Assessing The Appropriateness Of Administrative Leadership Using Social Psychological And Legal Principles: The Australian Perspective, Forthcoming.
3.Sharkey, N (2015) Temporary Residence Regimes and DTAs: Tax Abuse, Bulletin of International Tax
4.Sharkey, N (2014) Proving the Tax Law of China in a Foreign Court, Bulletin of International Tax
5.Sharkey, N (2014) The Correctness of the Chinese Position of Enterprise Residence in Chinese Law: The Institutional and Treaty Implications, Bulletin of International Tax
6.Sharkey, N (2014) Enterprise Residence for Chinese Income Tax Purposes: Not What It Might Be Expected To Be? Bulletin of International Tax
7.Sharkey, N and Murray, I (2014) Chinese investment in Australian resources: Can the legal debt/equity distinction still create windfalls and impediments? Australian Tax Forum
8.Sharkey, N and Qiu, D.M. (2014) Cross-border aspects of profit distributions and inter-group transactions: Uncertainty and Possibilities in Taxation of Australian investment in China, Australian Tax Forum
9.Sharkey, N. (2013) An International Organisation for Tax in SE Asia, British Tax Review
10.Sharkey, N. (2012) International Tax as International law and the impact of China, British Tax Review
11.Sharkey, N. (2012): Enterprise income Tax in China: Simplicity to Complexity through Institutional in Blazey & Chan (ed) Commercial Law of the PRC Thompson
12.Sharkey, N. (2012): Default Tax Assessments in different institutional environments: An Australia/ China comparison of Rule of Law implications. In Gee (ed) Constitution and tax China and Taiwan (NTU Press Taipei)
13.Sharkey, N., (2012) Greater China and South East Asia: A Taxing Problem?, Chapter in Tax in China and ASEAN Routledge
14.Sharkey, N., (2012) Considering Different Approaches to Tax Law in China and ASEAN: A Political, Philosophical and Pragmatic Rationale Chapter in Tax in China and ASEAN Ed. Routledge
15.Sharkey, N., (2012) Localization of Central Taxation in China Chapter in Tax in China and ASEAN. Routledge
16.Sharkey, N. & K. Bain (2012) Tax Residence and Regions: Addressing South East Asian Transnationalism through ASEAN Chapter in Tax in China and ASEAN . Routledge
17.Sharkey, N., Grbich and Wong (2012) Impact of a region’s tax systems on the changing world order Chapter in Tax in China and ASEAN Routledge
18.Sharkey, N., (2011) ‘China’s Taxes’, in Saunders, R (ed) International Tax Systems and Planning techniques, Sweet and Maxwell London
19.Sharkey, N., (2010) ‘China’s Taxes’, in Saunders, R (ed) International Tax Systems and Planning techniques, Sweet and Maxwell London
20.Sharkey, N., (2012) China's tax integrity in the context of the emerging international tax system. In The Chinese Economy
21.Sharkey, N. & Bain K, (2011) An Australia-Hong Kong DTA: Assessing the costs and benefits; eJournal of Tax Research Sydney
22.Sharkey, N., (2011) Proposed New Controlled Foreign Company regime, Bulletin for International Taxation 65, 7
23.Sharkey, N., (2011) China's tax Treaties and Beneficial ownership Bulletin for International Taxation 65, 12
24.Sharkey, N., (2009) ‘The Impact of Social Institutions on Tax Design: Informal entities and the tax unit’, Australian Taxation Forum November 2009
25.Sharkey, N., (2009) ‘Informal assets and liabilities and the definition of taxable income’, Australian Taxation Forum November 2009

26.Sharkey, N., (2008) ‘The Economic Benefits of the Use of Guanxi and Business Networks in a Jurisdiction with Strong Formal Institutions’: Minimisation of Taxation eJournal of Tax Research Sydney
27.Sharkey, N., (2007) ‘China’s New Enterprise Income Tax Law: Continuity & Change’, The University of New South Wales Law Journal, Vol. 30, No. 3, pp 833- 841.
28.Sharkey, N., (2006) ‘Tax evasion and administration realities in the Peoples’ Republic of China: Some initial findings from discussions with tax officers in Fujian Province’, in M. McKerchar, M. Walpole (eds), Further Global Challenges in Tax Administration, Fiscal Publications, Birmingham, pp 175-182.
29.Sharkey, N., (2005) ‘China’s Income Tax Concept of ‘Enterprise’ and the Concept of ‘Company’ – Interaction with the Australia-China Tax Treaty’, Bulletin for International Fiscal Documentation Amsterdam , Vol. 59, No 2, pp 157-166.
30.Sharkey, N (2004), “Tax Reform in the China Context: The corporate tax unit & Chinese enterprise”, eJournal of Taxation 2(2) Sydney
31.Sharkey, N and R.L. Deutsch (2002), "Australia's Capital Gains Tax and Double Taxation Agreements", Bulletin for International Fiscal Documentation Amsterdam 56(6), 228-232
32.Sharkey, N (2001), "Tax Liabilities on Foreign Investments in China", Investment & Taxation Bulletin Australia 5(10), pp. 98-99



Sharkey, N (2005), 中国所得税中企业与公司的概念Taxation Translation Journal Shenzhen 5th edition,2005

Sharkey, N (2002), "Taxation on Foreign Business in China", China Connections Australia October 2002

Conference Papers & Presentations
Sharkey, N (2014) Temporary Residence Regimes and DTAs: Tax Abuse, Korea Academic Society of Taxation, Seoul, October.
Sharkey, N (2014) Individual Residence in Australia: Contemporary Issues, TIA Master Class, Perth, September.
Sharkey, N and Deegan, A (2014) Constitutional Issues of Taxation in Australia, Constitution and Public Finance Conference, Yantai, Shandong, August (in absentia)
Sharkey, N and Murray, I (2014) The Appropriateness of Administrative Leadership: A theoretical assessment built on social psychological and legal principles with comparative insights from Australia and China, International Tax Administration Conference, Sydney, April.
Sharkey, N (2013), Enterprise Residence in China: Critical issues, UWA Seminar, Perth, October.
Sharkey, N.,(2012),Rule of law and taxation Australia and China, Chinese Culture University, Taipei, February
Sharkey, N.,(2012),China’s DTAs and beneficial ownership, Chinese Culture University, Taipei, February
Sharkey, N.,(2011), Default Tax Assessments in different institutional environments, NTU Cross Straits Tax payer Rights Conference April
Sharkey, N.,(2011),Double Tax Agreement policy China and Australia, April, Fengjia University
Sharkey, N & Grbich (2011), International Anti Avoidance China and Australia, April, Fengjia University
Sharkey, N.,(2011),Double Tax Agreements and China, Zhongshan University, May.
Sharkey, N. & Bain, K, (2010), “An Australia China DTA?” presented at the “DTAs in East Asia” conference at the Chinese University of Hong Kong on 13 December 2010.
Sharkey, N. & Bain, K, (2010), “Jurisdictional Nexus in ASEAN” presented at the “DTAs in East Asia” conference at the Chinese University of Hong Kong on 13 December 2010.
Sharkey, N.,(2010), “The Australian Constitution and Taxpayers Rights” at the College of Law, National University of Taiwan, May
Sharkey, N.,(2010), “Australian Tax policy in Relation to the Taxation of Foreign Source Income of Residents”, at the College of Law, National University of Taiwan, May
Sharkey, N.,(2010), “International Tax Reform in Australia” at Fenchia University in Taichung, Taiwan, May
Sharkey, N.,(2010), “The Australian Tax System in Comparative perspective: Taiwan” at Fenchia University in Taichung, Taiwan May
“The Australian Constitution and Tax Law Making” at Law Faculty, Xiamen University, China, June
Sharkey, N.,(2010), 'Social Variation and Business Regulation' presented at Other Governance Conference 10 February 2010 UNSW
Sharkey, N., (2009), ‘Tax Arbitrage between Prefectures in China’ presented at Tax in ASEAN and China Conference 17 July 2009, Atax, UNSW
Sharkey, N., (2009) ‘Tax Administration in Informal Institutions’ presented at The Chinese Studies Biennale Conference, University of Sydney, July 2009
Sharkey, N., (2008) ‘Critical Perspective on China’s Enterprise Income Tax’, presentation at China, the New Legal Scene 2008; presentation for the Faculty of Law, Continuing Legal Education, Sydney.
Sharkey, N., (2007), ‘China’s New Enterprise Income Tax Law’, presented at the University of Hong Kong, Hong Kong, 13 December.
Sharkey, N., (2007), ‘De Facto Multijurisdictional Context in a Formally Unitary State’, presented at the University of Hong Kong, Hong Kong, 17 December.
Sharkey, N., (2007), ‘Tax Administration in China’, presented at the Atax Seminar, Atax UNSW, Sydney, 25 May.
Sharkey, N., (2006) ‘Tax evasion and administration realities in the Peoples’ Republic of China: Some initial findings from discussions with tax officers in Fujian Province’, presented at the 7th International Tax Administration Conference, Atax, Sydney, 20-21 April.
Sharkey, N., (2006) ‘Guanxi, & business networks in a jurisdiction with strong formal institutions’ presented at the Oriental Society of Australia Conference, Sydney, 4-7 December.
Sharkey, N., (2006) ‘Taxation and related constraints on commercial activities in China’, presentation at China, the New Legal Scene; Opportunities and Risks, presentation for the Faculty of Law, Continuing Legal Education, 15 November, Sydney.
Sharkey, N., (2005), ‘Business Taxation Including Self-Employment and Tax Base Broadening’, presented at the KIPF-Atax International Joint Conference, Seoul, 14 March.
Sharkey, N., (2005) ‘China’s Double Tax Agreements in an International Context’, presented at a seminar at the National University of Singapore, Singapore, March.
Sharkey, N., (2005) ‘Basic Tax Constitutional Principles: The Australian Experience and its Relevance to China’, presented at the Symposium on China’s Basic Tax Law, Beijing, June.
Sharkey, N., (2005), ‘Tax Administration and the Rights and Obligations of Taxpayers and the Tax Authority, presented at the Symposium on China’s Basic Tax Law, Beijing, June.
Sharkey, N., (2005) ‘Tax Administration in South-East China: Summary of Field Work’, presented at the Conference on Local Governance in China, Sydney, December.
Sharkey, N (2005), “Key Australian Income Tax Concepts” Australia-Korea Comparative Tax Conference, Seoul Korea March 2005
Sharkey, N (2005), “Practical Taxation Administration in China’s Localities” Workshop with DiShui and GuoShui, Xiamen and Quanzhou China May 2005
Sharkey, N (2004), “Taxing the Income of Private Enterprise in China” paper presented at the Asian Law Institute Inaugural Conference at the National University of Singapore, Singapore
Sharkey, N (2004), “Reforming China’s Income Tax Laws” Tax Reform in Transitional Economies Symposium, Atax Sydney August 2004
Sharkey, N (2003), “The Efficacy of Western Based Income Tax Laws in China”, Chinese Studies Association of Australia – Biennial Conference, Sydney
Sharkey, N (2003), "Developments in China Taxation", Towards a Chinese Enterprise Model - Chinese Enterprises and their Institutional Environment 2003 UNSW Centre for Chinese Studies, Sydney
Sharkey, N (2003), “Income Tax in Australia and China: A Brief Comparison”, Sino-Australian Legal Forum. UNSW Law, Sydney
Sharkey, N (2003), “Taxation”, China Provincial Public Sector Seminar. UNSW based program for delegation from Guangxi Province.
Sharkey, N (2003), “Anti-Dumping and the WTO – Issues for China”. Seminar provided to delegation of Chinese Trade Union Leaders. Organised by ATEN (Australian Technical Experts Network), Canberra
Sharkey, N.and Grbich Y. (2002), "Business Deductions" the International Conference on Corporate Income Taxation, Beijing
Sharkey, N (2002), "China, the WTO and the International Tax System", Forum on Sino-Australian Comparative Research on Taxation Systems Chinese Academy of Social Sciences, Beijing
Sharkey, N (2002), "Tailoring the Income Tax Unit to Chinese Enterprise: Issues and Challenges", Towards a Chinese Enterprise Model - Chinese Enterprises and their Institutional Environment UNSW Centre for Chinese Studies, Sydney
Sharkey, N (2002), "International Constraints on National Tax Policy", International Conference on Corporate Income Taxation, Beijing
Funding received
2012, ARC Linkage $240,000 – China Australia Cross Border tax Issues
2011, China fieldwork – Administrative Decision Making
2010, Double Tax Agreements in East Asia
2007, China Fieldwork – Tax Assessment Techniques
2005, Korea Institute of Public Finance Links
Languages
Mandarin Chinese, Irish Gaelic
Memberships
Francis Burt Chambers
International Bar Association
West Australian Bar Association
Clarence Chambers (Sydney)

Barrister of NSW Supreme Court
Barrister of High Court
Chartered Accountant
Registered Tax Agent
Honours and awards
When completing his Juris Doctor at UNSW, Nolan received first class honours. He also won the Allens Arthur Robinson Prize for top overall academic performance in his year and was placed on the Dean's List in property Equity and Trusts as well as the law of International Organisations.
Previous positions
Nolan was Associate Professor of Taxation at UNSW prior to joining UWA in 2014.
Teaching
Taxation
Current external positions
Nolan is a Barrister at Francis Burt Chambers in Perth.
Nolan is Visiting Professorial Fellow at UNSW.
Nolan was an editor of the eJournal of Taxation from 2010 to 2013.
ARC Grant Assessor
Research profile
Research profile and publications
 
Peter Sinden

Assoc/Prof Peter Sinden

Associate Professor
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 7059
Fax
+61 8 6488 1045
Email
peter.sinden@uwa.edu.au
Qualifications
BA LLB Qld, LLM Lond.
Biography
Office: Law Link Room 2.42
Key research
- Competition Law
- Intellectual Property Law
- Consumer Protection Law
Peter's research interests are in competition law and intellectual property. He is particularly fascinated by the interface between these two areas of law and has published and lectured extensively on aspects of that subject, especially in relation to the problem of parallel imports.
Roles, responsibilities and expertise
In addition to his work at UWA, Peter is also one of the Directors of the Asia Pacific Intellectual Property Law Institute at Murdoch University.

Peter has been a consultant to several major law firms and in 1994-5 he was the consultant author of several reports by a Committee of the Legislative Assembly of the Parliament of Western Australia (the Standing Committee on Intergovernmental Agreements and Delegated Legislation).

Peter was admitted as a Barrister of the Supreme Court of Queensland in 1977 and as a Barrister and Solicitor of the Supreme Court of Western Australia and Barrister of the High Court of Australia in 1988.
Teaching
International Business Law, Legal Principles for Management
Research profile
Research profile and publications
 
Natalie Skead

Assoc/Prof Natalie Skead

Head of School, Law
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 2962
Fax
+61 8 6488 1045
Email
natalie.skead@uwa.edu.au
Qualifications
LLB BCom Witw., SJD W.Aust., GradCertTerTeach W.Aust.
Biography
Dr Skead is the Dean and Head of School of the UWA Law School. She teaches and and researches in Equity and Trusts, Property, Remedies, Proceeds of Crime, and Legal Education.
Key research
Natalie's research interests include Property, Equity, Remedies, Confiscation of Proceeds of Crime and Legal Education.
Publications
Scholarly Books
Carruthers, P; Mascher, S. and Skead, N.K eds Property and Sustainability: Selected Essays Thomson Reuters Australia 2011

Scholarly Book Chapters
Skead, N.K "The Torrens system mortgage: Mortgagor protection under the common law, in equity and under statute" in Esmaeili, H. and Grigg, B. eds The Boundaries of Australian Property Law, Cambridge University Press, 2016
Skead, N.K “Unexplained wealth: Indefeasibility and proceeds of crime legislation in Australia” in Carruthers, P; Mascher, S. and Skead, NK eds Property and Sustainability: Selected Essays Thomson Reuters Australia 2011
Witzleb, N. and Skead, N.K “Mapping and Embedding Graduate Attributes across the Curriculum” in Kift, Sanson, Cowley and Watson Excellence and Innovation in Legal Education LexisNexis 2011
Carruthers, P; Mascher, S and Skead, N.K “Property and Sustainability in Context” in Carruthers, P; Mascher, S. and Skead, NK eds Property and Sustainability: Selected Essays Thomson Reuters Australia 2011

Full Refereed Journal Articles
Skead, N. K. The Registration and Caveat Systems under the Mining Act 1978 (WA): A Torrens clone? (2007) 26 (2) Australian Resources and Energy Law Journal 185-201
Skead, N. K. Undue Influence and the Remedial Constructive Trust (2008) 2 Journal of Equity 143-163
Skead, N. K. A mortgagor’s remedies against a mortgagee for the improper exercise of the power of sale: You can’t always get what you want (2008) 15 Australian Property Law Journal 130-153
Skead, N. K. Casting the first stone: Lawyers’ liability under section 52 (2008) 16 Trade Practices Law Journal 6-19
Skead, N. K. Registration under the Offshore Petroleum Act 2006 (Cth): Perpetuating the Toothless Tiger (2009) 28 (1) Australian Resources and Energy Law Journal
Skead, N. K. Limitation Act 2005 (WA) and Equitable Actions: A Fatal Blow to Judicial Discretion and Flexibility – How Other Australian Jurisdictions Might Learn from Western Australia’s Mistakes (2009) University of Notre Dame Law Review 1-22
Witzleb, N and Skead, N. K. A bottom-up approach to developing LLB course outcomes and an integrated curriculum (2009) 43 (1) The Law Teacher 62-81
Carruthers, P and Skead, N. K. The Prior Certificate of Title and Wrong Description of Land Exceptions to Indefeasibility: Resolving the Overlap (2009) Australian Property Law Journal 240–258
Skead, N. K. and Carruthers, P. The Registrar’s powers of correction: ‘Alive and well’, though perhaps ‘unwelcome’? PART I: The Slip Provision (2010) 18 (1) Australian Property Law Journal 32-47
Skead, N. K. and Carruthers, P. The Registrar’s powers of correction: ‘Alive and well’, though perhaps ‘unwelcome’? PART II: The Substantive Provision (2010) 18 (2) Australian Property Law Journal 132-149
Arrieta Sevilla, L J, Skead N K and Carruthers P Protección tabular de los datos descriptivos de las fincas en Australia (2011) Revista Critica de Derecho Immobiliaro 723
Skead, N. K. and Carruthers, P. 150 years on: The Torrens compensation provisions in the ‘last resort’ jurisdictions (2011) 19 APLJ 174
Skead, N. K and Mascher, S On the Record: The Trials and Tribulations of Lecture Recording in Law (2011) 35 UWA Law Review
Carruthers, P.J., Skead, N.K., Galloway, K., Teaching property law in Australia in the twenty-first century: What we do now, what should we do in the future?, (2012) 21 (1) APLJ 57-76
Carruthers, P.J., Skead, N.K., Galloway, K., Teaching, Skills and Outcomes in Australian Property Law Units: A Survey of Current Approaches, (2012) 12 (2) QUTLJJ 66-84
Galloway, K., Carruthers, P.J., Skead, N.K., Assessment in the Law School: Contemporary Approaches of Australian Property Law Teachers, (2012) 5 (1&2) JALTA 1-14
Skead, N., Drug-trafficker property confiscation schemes in Western Australia and the Northern Territory: A study in legislation going too far, (2013) 37 (5) CrimLJ 296-314
Skead, N., Murray, S., Carruthers, P., Taking up the challenge: Embedding, mapping and maintaining threshold learning outcomes in the transition to the JD-the UWA experience, (2013) 47 (2) The Law Teacher 130-158
Carruthers, P., Skead, N. 2013, 'Property Law Teachers: Gatekeepers to a Broader Legal Understanding Through the Rich Tapestry of Property Law' (2013) 6 (1&2) JALTA 167-176. Winner, Best Legal Education Paper 2013 ALTA Conference
Skead, N. and Carruthers, P. 'Exploring the fundamentals: Indefeasibility, in personam, proprietary estoppel and Van Dyke v Sidhu' (2014) (22) Australian Property Law Journal 1-23
Skead, N. and Carruthers, P. 'Fraud against the registrar – an unnecessary, unhelpful and perhaps, no longer relevant complication in the law on fraud under the Torrens system' (2014) 40(3) Monash University Law Review 821
Skead, N.K Uncle Jack, Jaycee and the equitable doctrine of estoppel: Using Second Life to support the development of advanced oral communication skills in law students (2015) 49 2 The Law Teacher 1.
Skead, N. K. and Rogers, S. L. 'Stress, anxiety and depression in law students: how student behaviours affect student wellbeing' (2014) 40 (2) Monash University Law Review 564
Heath, M., Hewitt, A., Israel, M., and Skead, N. 'Beginning to address "the elephant in the classroom": investigating and responding to Australian sessional law teachers’ unmet professional development needs' (2015) 37(4) University of New South Wales Law Journal 240
Skead, N.K and Murray, S.L ‘The Politics of Proceeds of Crime Legislation’ (2015) 38(2) University of New South Wales Law Journal 455
Carruthers, P. and Skead, N. 'Confirming Torrens Orthodoxy: The High Court Decision in Cassegrain v Gerard Cassegrain & Co Pty Ltd (2015) 24 Australian Property Law Journal 211
Skead, N. and Rogers, S. L. 'Do law students stand apart from other university students in their quest for mental health: A comparative study on wellbeing and associated behaviours in law and psychology students' (2015) International Journal of Law and Psychiatry http://www.sciencedirect.com/science/article/pii/S0160252715001211
Skead, N., Crime-used Property Confiscation in Western Australia and the Northern Territory: Laws Befitting Draco’s Axones? (2016) UWA Law Review
Skead, N. and Offer, K., Learning Law through a Lens: Using Visual Media to Support Student Learning and Skills Development in Law (2016) 41(3) Alternative Law Journal 186.
Carruthers, P. and Skead, N., Rights to Renew and to Purchase in Registered Leases: Part I - A Case of Bad Timing for Rights to Renew (2016) 25 Australian Property Law Journal 1.
Skead, N. and Carruthers, P., Rights to Renew and to Purchase in Registered Leases: Part II – A Real or Imagined Distinction? (2016) 25 Australian Property Law Journal 115.
Skead, N. Uncle Jack, Jaycee and the equitable doctrine of estoppel: Using Second Life to support the development of advanced oral communication skills in law students (2016) 49(2) The Law Teacher .
Israel, M., Skead, N., Heath, M., Hewitt, A., Galloway, K., and Steel, A., Fostering ‘Quiet Inclusion: Interaction and Diversity in the Australian Law Classroom (2017) Journal of Legal Education 332.
Skead, N. and Rogers, S. L., Running to Well-Being: A Comparative Study on the Impact of Exercise on the Physical and Mental Health of Law and Psychology Students, International Journal of Law and Psychiatry (2016), DOI: 10.1016/j.ijlp.2016.05.012.
Skead, N., Hear No Evil, See No Evil, Speak No Evil, Read No Evil: Confiscation of Literary Proceeds under Australian Proceeds of Crime Legislation (2017) Australian Law Journal (forthcoming)
Roles, responsibilities and expertise
Dean and Head of School 2017-present
Associate Dean (Students) 2012-2013, 2016
Acting Deputy Dean semester 2, 2014
Associate Dean (Learning and Teaching) 2015-2016
Funding received
Federal Office of Learning and Teaching Grant 2013 - Smart Casual: Towards Excellence in Sessional Teaching in Law ($49,000)
Federal Office of Learning and Teaching Grant 2014 - Smart Casual: Promoting Excellence in Sessional Teaching in Law ($225,000)
Australian Institute of Criminology, 2016 - Pocketing the Proceeds of Crime: The Legislation, Criminological Perspectives and Experiences ($53,786)
Law Society of WA Public Purposes Trust, 2017 - Teaching for diversity, equality, respect and inclusion: Enhancing the capacities of sessional teachers in all Western Australian law schools ($23,142)
Honours and awards
Excellence in Teaching Award: Small Group Teaching, 2005
Excellence in Teaching Award: Small Group and Tutorial Teaching, 2007
Combined Faculties Teaching Award: Excellence in Teaching, 2010
Australian Learning and Teaching Council: Citation for Oustanding Contribution to Student Learning, 2011
Combined Faculties Teaching Award: Excellence in Teaching, 2013
UWA Teaching Excellence Award, 2014
UWA Nominee for Federal Office of Learning and Teaching: Excellence in Teaching Award, 2015 and 2016
Teaching
Natalie teaches Property Law and Equity and Trusts. She has previously taught Remedies and Employment Law.
Current external positions
Executive Committee, Australasian Law Teachers Association
Deputy Editor, Legal Education Review
Member, Law Society of Western Australia, Futures Reference Group
Review Committee, International Journal of Teaching and Learning in Higher Education
Research profile
Research profile and publications
 

Professor Stephen Smith

Professor
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 5911
Fax
+61 8 6488 1045
Email
stephen.smith@uwa.edu.au
Qualifications
LLM Lond.
Research profile
Research profile and publications
 

Yolanda Symons

Administrative Assistant
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M200)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 1375
Email
yolanda.symons@uwa.edu.au
Research profile
Research profile and publications
 

Bee Ling Tan

Postgraduate Student (PhD)
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia
35 Stirling Highway
CRAWLEY WA 6009
Australia
Email
20301787@student.uwa.edu.au
 
John Tarrant

Professor John Tarrant

Professor
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 2967
Email
john.tarrant@uwa.edu.au
Qualifications
BA BSc LLB NE, BCom Melb., GradDipEd Murd., GradDipTax C.Qld, DipFinMgt NE, LLM ANU, SJD W.Aust.
Biography
John's tertiary qualifications include Bachelor of Arts, Bachelor of Commerce, Bachelor of Science, Bachelor of Laws with Honours, Master of Laws, Master of Defence Studies and Doctor of Juridical Science. John also has a certificate in Law Teaching and diplomas in Taxation, Finance and Adult Education. The topic of his doctoral thesis was: What is ownership?

Office: Law Building Room 2.02
Key research
- Contract
- Equity
- Trusts
- Personal Property
- Military Law
Publications
BOOKS
Amending Final Judgments and Orders, The Federation Press, Sydney, 2010.

Disqualification for Bias, The Federation Press, Sydney, May 2012.

JOURNAL ARTICLES
Thieves as Trustees: In Defence of the Theft Principle (2009) 3 Journal of Equity 170.

Company Deregistration and Reinstatement: Part 1 (2008) 22(4) Commercial Law Quarterly 3.

Company Deregistration and Reinstatement: Part 2 (2008) 22(4) Commercial Law Quarterly 14.

Partial Failure of Consideration (2008) 34 University of Western Australia Law Review 59.

Duties of a Bailee for Reward (2008) 22(3) Commercial Law Quarterly 18.

Australian Defence Force Powers to Arrest and Detain Civilians (2008) 177 Australian Defence Force Journal 44.

Characteristics of Property Rights (2008) 16 Australian Property Law Journal 51.

Construing Undertakings and Court Orders (2008) 82 Australian Law Journal 82.

Contracting in Different Capacities (2008) 24 Journal of Contract Law 99.

Unlawful Killing of a Joint Tenant (2008) 15 Australian Property Law Journal 224.

Rectification of ASIC Registers and Databases (2007) 25 Company and Securities Law Journal 544.

Mistaken Payments: Obligations of a Recipient (2007) 21(2) Commercial Law Quarterly 13.

Equitable Ownership after the Judicature Act (2007) 15 Australian Property Law Journal 26.

Mareva Orders: Assisting Foreign Litigants (2006) 27 Australian Bar Review 314.

Theft Principle in Private Law (2006) 80 Australian Law Journal 531.

Preliminary Agreements (2006) 3 University of New England Law Journal 151.

Total Failure of Consideration (2006) 33 University of Western Australia Law Review 132.

Tenant’s Fixtures: A Landlord’s Duty to Cooperate (2006) 13 Australian Property Law Journal 217.

Unit Trusts in the 21st Century (2006) 20(3) Commercial Law Quarterly 12.

Agreements to Co-operate at Common Law (2006) 25 Australian Resources and Energy Law Journal 281.

Teaching Time-Savvy Law Students (2006) 13 James Cook University Law Review 64.

Property Rights to Stolen Money (2005) 32 University of Western Australia Law Review 234.

Ownership of Mining Product, Tailings and Minerals (2005) 24 Australian Resources and Energy Law Journal 321.

Limitation Legislation and Loans Repayable on Demand (2004) 1 University of New England Law Journal 249.

CASE NOTES AND OTHER

Bailments for Work and Labour (2008) 22(2) Commercial Law Quarterly 6.

Application for Reinstatement of Deregistered Company (2007) 25 Company and Securities Law Journal 60.

Retention of Title Clause not a Security Interest (2007) 21(1) Commercial Law Quarterly 48.


Liability for Conversion of Cheques (2006) 14 Tort Law Review 132.

From Maggots to Shakespeare: Dogs as Weapons in the Northern Territory (2006) 30 Criminal Law Journal 391.

Queensland Judge Buries the Hanel Ghost (2006) 27 The Queensland Lawyer 7.

The Complex Interaction of Limitation of Actions and Bankruptcy Legislation (2006) 14 Insolvency Law Journal 192.

Co-operatives and a Liquidator’s Power to Examine (2006) 14 Insolvency Law Journal 194.

The Limits of Rectification (2006) 20(1) Commercial Law Quarterly 55.

Contingent Debts and Deeds of Company Arrangement (2006) 24 Company and Securities Law Journal 62.

Trust Property Vesting in ASIC (2006) 24 Company and Securities Law Journal 63.

Ready, Willing and Able to Perform (2006) 26 The Queensland Lawyer 185.

The Dampier to Bunbury Gas Pipeline: The Case of Unidentified Property Rights (2006) 12 Australian Property Law Journal 262.

New Guidelines for the Debt Collection Industry (2006) 34 Australian Business Law Review 154.

Injunction Triggers 20 Years of Litigation (2006) 17 Journal of Banking and Finance Law and Practice 56.

Continued Erosion of the Rule in Houldsworth's Case (2006) 24 Company and Securities Law Journal 183.

Narrow Exclusion Clause Fails to Protect Insurer (2006) 17 Insurance Law Journal 81.

The Hit and Miss of Statutory Interpretation (2006) 3 University of New England Law Journal 83.

Remedial Constructive Trust in Corporate Insolvency (2006) 14 Insolvency Law Journal 50.

Court of Appeal Closes the Door on the Brethren (2006) 26 The Queensland Lawyer 294.

Property, Contract, Restitution and Statute Intersect at The Dog Depot (2006) 13 Australian Property Law Journal 101.

No Absolute Discretion to Fix Interest Rate (2006) 17 Journal of Banking Finance Law and Practice 121.

Draconian Legislation Brings Plaintiff Down to Earth (2006) 34 Australian Business Law Review 237.

Court Upholds an Injunction that Prohibits an Otherwise Lawful Activity (2006) 34 Australian Business Law Review 241.

Mining Claim Declared Invalid (2006) 25 Australian Resources and Energy Law Journal 116.

Calculation of Renewable Energy Baseline (2006) Mining and Petroleum Legislation Service 302.

Sirius Shipping Corp v The Ship Sunrise (2006) 20 Australia and New Zealand Maritime Law Journal 58.

ASP Ship Management Pty Ltd v Administrative Appeals Tribunal (2006) 20 Australia and New Zealand Maritime Law Journal 52.

Corporate Suicide: David Defeats (a deceased) Goliath (2005) 2 University of New England Law Journal 97.

The Parol Evidence Rule: Delivering the Goods (2005) 19(3) Commercial Law Quarterly 22.

Privacy Restrictions on the Use of Public Share Registers (2005) 23 Company and Securities Law Journal 457.

The Implications for Bankruptcy of the Severance of a Joint Tenancy (2005) 13 Insolvency Law Journal 243.

Trust Beneficiary not a Contingent Creditor (2005) 13 Insolvency Law Journal 242.

BOOK REVIEWS

On Villainy (2007) 33 University of Western Australia Law Review 437.

Government Contracts (2005) 79 (04) Law Institute of Victoria Journal 60.
Roles, responsibilities and expertise
Prior to joining UWA, John worked in the mining and petroleum industries as a company director with an emphasis on developing junior mining companies.

John is a Barrister of the High Court of Australia and has been admitted as a legal practitioner in Western Australia, Victoria, New South Wales, Queensland, the Australian Capital Territory and New Zealand.

Honours and awards
Excellence in Teaching Award (Early Career Teaching) 2005

Defence Studies Prize (Petro Fedorczenko Legacy) UNSW @ ADFA 2008
Research profile
Research profile and publications
 

Assoc/Prof Stella Tarrant

Senior Lecturer
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 2944
Fax
+61 8 6488 1045
Email
stella.tarrant@uwa.edu.au
Qualifications
BJuris LLB W.Aust., LLM Yale
Biography
Associate Professor Stella Tarrant is a graduate of the University of Western Australia (B.Juris (Hon) first class) and Yale University (LLM). She began her career as Associate to Justice Toohey of the High Court of Australia and a solicitor in the Land and Heritage Unit of the Aboriginal Legal Service of Western Australia. She studied as a Harkness Fellow and Fulbright Scholar in the United States before joining the Law Faculty at the University of Western Australia, from 1996-2002. After raising her two sons in their early years, Associate Professor Tarrant returned to teaching at UWA Law School in 2009 and resumed her research career in 2013.

Her research focuses on criminal law, criminal law theory and gender and the law. She has explored the impact of law on women's lives and the part law plays in maintaining gender relations in society, in the areas of criminal law, constitutional law and reproductive technology law. Her current research projects concern gender equality in the law of self-defence and the incorporation of philosophical method into the teaching of Gender and the Law.

Associate Professor Tarrant's teaching interests are criminal law, evidence and gender and the law. At UWA she teaches Criminal Law, Evidence and Gender and the Law, and has taught feminist jurisprudence in LLB, LLM and SJD courses.
Publications
Burton, K., Crofts, T., Martin, R., Nisbet, T., and Tarrant S., THE CRIMINAL CODES: COMMENTARY AND MATERIALS (7th ed) (Thomson Reuters, 2018) (forthcoming).

Tarrant, S., "Self-defence Against Intimate Partner Violence: let's do the work to see it" (2017) UNIVERSITY OF WESTERN AUSTRALIA LAW REVIEW (forthcoming).

Tarrant, S., and D'Olimpio, L., "Philosophy in the (Gender and the Law) Classroom (2017) 38 ANALYTIC TEACHING AND PHILOSOPHICAL PRAXIS (forthcoming)

Crofts, T and Tarrant, S, 2016 "Criminal Law Pedagogy and the Australian Code States", in Kris Gledhill and Ben Livings (eds), THE TEACHING OF OF CRIMINAL LAW: THE PEDAGOGICAL IMPERATIVES (Routledge, 2017)

Tarrant, S 2015 Criminal Responsibility and Objective Fault Requirements: A Feminist Assessment of Reasonableness, in CRIMINALISATION AND CRIMINAL RESPONSIBILITY IN AUSTRALIA, Oxford University Press.

Tarrant, S 2015 "The Violation of Principle and Perpetuation of Gender Bias in the Western Australian Assault Causing Death Offence", UNIVERSITY OF WESTERN AUSTRALIA LAW REVIEW 40, pp415-435.

Tarrant, S, 2015 "Self Defence in the Western Australian Criminal Code: two proposals for reform", UNIVERSITY OF WESTERN AUSTRALIA LAW REVIEW, 38, 2 pp11-23.

Tarrant, S 2013 "Building Bridges in Australian Criminal Law: Codification and the Common Law", MONASH UNIVERSITY LAW REVIEW, 39, 3 pp838-63.

Burton, K., Crofts T., Tarrant, S., 2011 "Principles of Criminal Law in Queensland and Western Australia (Thomson Reuters, 2011)

Tarrant S, "Something is Pushing Them to the Side of Their Own Lives: A Feminist Critique of Law and Laws" in Naffine, N (ed), Gender and Justice, The International Library of Essays in Law and Legal Theory, second series (Ashgate, 2002)

Tarrant S, 'State Secrets: Access to Information Under the Human Reproductive Technology Act 1991 (WA) (2002) 9 Journal of Law and Medicine 306

Tarrant S, 'Reasonableness in the Sex Discrimination Act: No Package Deals' (2002) 19 University of Tasmania Law Review 38

Tarrant, S 'Western Australia's Persistent Enforcement of an Invalid Law: Section 23(c) of the Human Reproductive Technology Act 1991 (WA)' (2000) 8 Journal of Law and Medicine 92.

Tarrant S, Using the Commonwealth Sex Discrimination Act and s109 of the Constitution to Challenge State Abortion Laws (1998) 20 Adeliade Law Review 207.

Tarrant S, 'The 'Specific Triggering Incident' in Provocation: Is the Law Gender Biased?'(1996) 26 University of Western Australia Law Review 190

Tarrant S, 'The Woman Suffrage Movements in the United States and Australia: Concepts of Suffrage, Citizenship and Race' (1996) 18 Adelaide Law Review 47.


Funding received
ANROWS project "Transforming the Australian Judiciary's Understanding of Intimate Partner Violence" (2017-2018)
Research profile
Research profile and publications
 

Professor Erika Techera

Professor
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 7263
Fax
+61 8 6488 1045
Email
erika.techera@uwa.edu.au
Qualifications
LLB Technol.Syd., MEnvLaw LLM PhD Macq.
Publications
Forthcoming Publications:
E J Techera and N Klein, Sharks: Conservation, Governance and Management. Earthscan, UK. 2014.
E J Techera ‘Climate change, legal governance and the Pacific Islands: an overview’ in R S Abate & EA Kronk (Eds) Climate Change, Indigenous Peoples and the Search for Legal Remedies. Edward Elgar, Oxford, UK. Forthcoming 2012.
E J Techera & N Klein, ‘Shark-based Eco-tourism: Governance lessons from Australia’ (2012) Marine Policy (accepted for publication)

Recent Publications:
Shawkat Alam, Jahid Hossain Bhuiyan, Tareq M.R. Chowdhury and Erika J Techera (Eds), Handbook of International Environmental Law. Routledge, UK, 2012.
D Cremean and E J Techera ‘Marine Pollution law’ in S Alam, JH Bhuiyan, TMR Chowdhury and EJ Techera (Eds), Handbook of International Environmental Law. Routledge, UK. 2012.
E J Techera ‘International Cultural Heritage Law’ in S Alam, JH Bhuiyan, TMR Chowdhury and EJ Techera (Eds), Handbook of International Environmental Law. Routledge, UK. 2012.
E J Techera, ‘Fishing, Finning and Tourism: Trends in Pacific shark conservation and management’ (2012) 27(3) International Journal of Marine and Coastal Law 1-25.
E J Techera & N Klein ‘Regulatory Tools for Shark Conservation and Management: Improving Legal Governance and Harnessing Eco-tourism’ in Sharks: Habitat, Behavior and Conservation. Nova, New York, USA. 2012.
E J Techera, Marine Environmental Governance: From international law to local practice. Routledge, Oxford UK. 2011.
E Techera, ‘International Heritage Conservation: National and International Legal Contexts’ in D Niles & G Baldacchino (Eds), Island Futures: Conservation and Development Across the Asia-Pacific Region, Springer Link. 2011.
E J Techera, ‘Safeguarding Cultural Heritage: Law and Policy in Fiji’ (2011) 12 Journal of Cultural Heritage 329-334.
E J Techera & N Klein, ‘Fragmented Governance: Reconciling legal strategies for shark conservation and management’ (2011) 35(1) Marine Policy 73-78.
E J Techera (Ed), Environmental Law, Ethics and Governance. ID Press, Oxford UK. 2010.
E Techera, ‘Teaching Environmental Law in the 21st Century’ in Techera, E.J. (Ed) Environmental Law, Ethics and Governance. ID Press, Oxford UK. 2010.
E Techera, ‘Synergies and Challenges for Legal Protection of Sacred Natural Sites in the South Pacific’ in Verschuuren, B., Wild, R.G., McNeely, J and Oviedo, G. (Eds) Sacred Natural Sites: Conserving Nature and Culture. Earthscan, London UK. 2010.
E Techera, ‘Customary law and community based conservation of marine areas in Fiji’ in Pavlich, D. (Ed) Managing Environmental Justice. Rodopi Press. 2010.
E Techera, ‘Legal pluralism, Indigenous people and small island developing states: Achieving good environmental governance in the South Pacific’ (2010) 61 Journal of Legal Pluralism and Unofficial Law 171-205.
E Techera, ‘Safeguarding Indigenous Bio-Cultural Heritage in the South Pacific Small Island States’ (2010) 17 Policy Matters 29-33.
Research profile
Research profile and publications
 
Jim Thomson

Dr Jim Thomson

Senior Lecturer
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 2945
Fax
+61 8 6488 1045
Email
jim.thomson@uwa.edu.au
Qualifications
BA LLB W.Aust., LLM SJD Harv.
Key research
Jim Thomson's research interests include Australian and United States constitutional law and history.
Teaching
Jim Thomson BA LLM W.Aust., LLM SJD Harv. teaches constitutional law.
Research profile
Research profile and publications
 
Hilda Tubex

Assoc/Prof Hilde Tubex

Deputy Head of School (Research)
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 2200
Fax
+61 8 6488 7918
Email
hilde.tubex@uwa.edu.au
Location
Room 279, Old Economics and Commerce Building, Perth campus
Biography
In 2011 I received an ARC Future Fellowship for four years to work on the project: “Reducing imprisonment rates in Australia: International experiences, marginal populations and a focus on the over-representation of Indigenous people.” (FT100100627). I joined the Law School on 1st August 2011. I published on my FF on topics as comparative criminological research, Indigenous overrepresentation and different penal cultures within Australia.

I am currently working on a Criminological Research Grant on “Building an Effective Community-Based Throughcare Approach for Aboriginal Offenders in Australia” and an ARC Linkage Grant on “Aboriginal & Non Aboriginal Sex Offenders in Australia – Assessing Risk for Practice & Policy”. I am also a co-investigator on a Telethon Kids Institute project on a “Prolific Offender Study – Developmental Pathways Project”.

In the period 2007-2011, I worked for the Department of Corrective Services as Team Leader, Research and Evaluation. As Team Leader, I developed the research priorities, coordinated and supervised the work done by the team members or by external consultants and conducted some own research. Another important part the job was to advise the Research an Evaluation Committee that manages and oversees all internal and external DCS related research and evaluations.

Before migrating to Australia in 2007, I had been employed for 15 years as a researcher and, after getting my PhD in criminology, also as a lecturer at the Department of Criminology of the Free University of Brussels. I combined my work at the university with other, external, expert assignments. As a result of my international experience in the area of parole, the management of long-term and life-sentenced prisoners and the treatment of sex offenders, I was appointed as an expert to the Council of Europe (CoE) in these areas. Between 2000 and 2007 worked regularly for the CoE and took part in a number of projects in Central and Eastern Europe. Since 1999 I had been substitute assessor on the Belgian parole board, as an expert on the implementation of sentences, and regularly acted as such. I was a member of a prison supervision board, and later of the Central Inspectorate of Prisons, until I had to leave for reasons of incompatibility with work I was then undertaking for the cabinet as an expert adviser. I was employed for two years (2005-2003) on a part time basis as an adviser on penal policy to the Belgian minister of Justice.
Key research
My fields of expertise are mainly in penal policy and penology (prison research), especially in an international comparative context, and Indigenous people and the criminal justice system.
In a series of research projects I worked on such topics as long-term imprisonment, parole, violence in prisons, sex offenders,the organization and evaluation of welfare and treatment services for prisoners, female offenders, recidivism and Indigenous overrepresentation.
Publications
Edited research books;
Beyens, K., Christiaens, J. Claes, B., De Ridder, S., Tournel, H. & Tubex, H. (eds.)(2013), The pains of doing criminological research. Brussel: VUBPress.
Scholarly book chapters;
Tubex, H. (2013), Pitfalls of comparative (penological) research and how to overcome them, in Beyens, K., Christiaens, J. Claes, B., De Ridder, S., Tournel, H. & Tubex, H. (eds.), The pains of doing criminological research. Brussel: VUBPress: 195-215.
Tubex, H. & Strypstein, J. (2007), Is de calvarietocht van de rechter inzake strafuitvoering ten einde? (The (last) temptation of the judge of the implementation of sentences?), in Christiaens, J., Enhus, E., Nuytiens, A., Snacken, S. & Van Calster, P. (eds.), Tussen kritiek en realisme, Liber Amicorum Christian Eliaerts. Brussel, VUBPress: 295-318.
Tubex, H. & Strypstein, J. (2006), Grasduinen in penitentiaire bronnen en statistieken (Browsing through penitentiary data), in Devroe, E., Beyens, K., Enhus, E. (eds.), Zwart op wit? Duiding van cijfers over onveiligheid en strafrechtsbedeling in België. Brussel, VUBPress: 321-357.
Tubex, H. (2005), Zorgen voor gedetineerden (Taking care of prisoners), in Verbruggen, F., Verstraeten, R., Van Daele, D. (eds.), Strafrecht als roeping. Liber Amicorum Lieven Dupont. Samenleving, Criminaliteit en strafrechtspleging n. 31A, Leuven, Universitaire Pers Leuven: 569-583.
Snacken, S., Beyens, K. & Tubex, H. (2004), Adult corrections in Belgium, in Winterdyk, J. (ed.), Adult corrections : international systems and perspectives. Monseley, NY, Criminal Justice Press: 21-54.
Beyens, K. & Tubex, H. (2002), Gedetineerden geteld, (Prisoners counted) in Snacken, S. (ed.), Strafrechtelijk beleid in beweging. Brussel, VUBPress: 139-177.
Snacken, S. & Tubex, H. (2002), De penitentiaire wereld onderzocht (Researching the prison world), in Beyens, K., Goethals, J., Ponsaers, P. & Vervaeke, G. (eds.), Criminologie in actie. Brussel, Politeia: 379-409.
Snacken, S., Beyens, K., Tubex, H., Raes, A. & De Pauw, W. (2002), Bestraffing als maatschappelijke constructie (Punishment as a social construction), in Bouverne-De Bie, M., Kloeck, K., Meyvis, W., Roose, R. & Vanacker, J. (eds.), Handboek Forensisch Welzijnswerk. Gent, Academia Press: 381-416.
Tubex, H. (2002), Dangerousness and risk. From Belgian positivism to new penology, in Hutton, N. & Tata, C. (eds.), Sentencing & Society: international perspectives. Aldershot, Ashgate: 452-468.
Tubex, H. (2002), Van gevaarlijke misdrijfplegers naar langgestraften, (From dangerous criminals to long-term prisoners), in Snacken, S. (ed.), Strafrechtelijk beleid in beweging. Brussel, VUBPress: 239-269.
Tubex, H. (2001), Le dernier echelon de l’echelle (The last step on the sentencing ladder), in Collectif “Octobre 2001”, Comment sanctionner le crime? Toulouse, Editions Erès, Coll. Trajets: 83-102.
Tubex, H. (2001), Politique pénale en Belgique, répression sélective: “sexe, drogue et violence” (Penal policy in Belgium : sex drugs and violence), in Mary, Ph., & Papatheodorou, Th. (eds.), Délinquance et insécurité en Europe. Vers une pénalisation du social ou une nouvelle modèle de justice. Bruxelles, Bruylant: 143-162.
Tubex, H. (2000), Seksuele delinquentie doorheen de strafprocessus (Sexual delinquency throughout the penal process), in Dillen, C. & Cosyns, P. (eds.), Behandeling van seksuele delinquenten in België. Leuven, Apeldoorn, Garant: 9-42.
Tubex, H. & Snacken S. (1999), Bouwstenen voor een coherent herstel- en slachtoffergericht justitiebeleid (Keys for a coherent reparation and victim oriented judicial policy), in Van Doninck B., Van Daele, L & Naji, A. (eds.), Het recht op het rechte pad? Antwerpen-Apeldoorn, Maklu-DWTC: 117-165.
Tubex, H. & Snacken S. (1996), Sélectivité & Dualisation, l’évolution des longues peines de prison (Bifurcation and selectivity, the evolution of long term prison sentences), in Faugeron, C., Chauvenet, A. & Combessie, Ph. (eds.), Approches de la prison. Bruxelles, De Boeck, collection perspectives criminologiques: 221-243.
Tubex, H. & Snacken S. (1994), Punitiviteit in Nederland, teloorgang van een voorbeeld? Langgestraften en gevaarlijke gedetineerden in internationaal perspectief (Punitiveness in the Netherlands, loss of a model? Long-term and dangerous prisoners in an international perspective), in moerings, M. (ed.), Hoe punitief is Nederland. Arnhem, Gouda Quint bv.: 331-347.
Refereed journal articles;
Kelly, M. & Tubex, H. (2016), Stemming the tide of Aboriginal incarceration, Notre Dame Law Review, 17(1): 1-18: http://researchonline.nd.edu.au/undalr/
Tubex, H., Brown, D., Freiberg, A., Gelb, K. & Sarre, R. (2015), Penal diversity within Australia, Punishment & Society 17(3): 345-373.

Tubex, H. (2015), Reach and Relevance of Prison Research, The International Journal for Crime, Justice and Social Democracy 4(1): 4-17. https://www.crimejusticejournal.com/article/view/200
Tubex, H. (2014), Contemporary Penal Policies, Oxford Handbooks Online. New York: Oxford University Press. http://www.oxfordhandbooks.com/view/10.1093/oxfordhb/9780199935383.001.0001/oxfordhb-9780199935383-e-43
Tubex, H. (2013), The revival of comparative criminology in a globalised world: Local variances and Indigenous over-representation, International Journal for Crime, Justice and Social Democracy 2(3): 55-68 https://www.crimejusticejournal.com/article/view/110
Tubex, H. (2013), Dimensies van punitiviteit. (Dimentions of punitiveness), Orde van de Dag, 61: 5-12.
Tubex, H. (2010), Halen we met het ‘evidence based model’ het paard van troje binnen? (Do we introduce the Trojan Horse with the ‘evidence based model’?), in De Wree, E., Devroe, E., Broer, W., Van Der Laan, P. (eds.), Evidence Based Policing. Cahiers Politiestudies, 4: 69-84.
Tubex, H. (2010), Het curieuze succes van Justice Reinvestment (The curious success of Justice Reinvestment), Panopticon 31(6): 80-83.
Tubex, H. & Houchin, R. (2009), Opportunities for restorative justice in the contemporary penal climate, in Gunther Moor, L., Peters, T., Ponsaers, P., Shapland, J, Van Stokkem, B. (eds.), Restorative Policing. Journal of Police Studies, Volume 2009/2, n° 11, Antwerpen-Apeldoorn-Portland, Maklu: 189-204.
Tubex, H. (2007), De werking van de voorwaardelijke invrijheidstelling aan de vooravond van een nieuwe regelgeving (Analysis of the parole system on the eve of a new law), Panopticon 28(1): 68-73.
Tubex, H. (2006), Sex offender policies in five countries, ESC, Newsletter of the European Society of Criminology 5(1): 3, 16-19.
Tubex, H. (2006), What works in Belgium. Behandeling in strafrechtelijke context (What works in Belgium. Treatment in a penal context), Panopticon 27(6): 88-96.
Tubex, H. (2005), L'exécution de la peine privative de liberté à l'ombre des victimes: bilan de la brèche ouverte par la procédure de libération conditionnelle (Implementation of prison sentences with regard to the victim: evaluation of the breakthrough made by the parole procedure), Revue de droit de l’ULB 31(1): 281-306.
* Tubex, H. & Van Camp, T. (2005), De implementatie van het Strategisch Plan in de gevangenis: it takes two to tango (The implementation of a Strategic Plan on welfare for prisoners, it takes two to tango), Orde van de Dag 31: 49-53.
Tubex, H. (2004), Juryrechtspraak in cijfers (The work of the jury in figures), Orde van de Dag 25: 91-98.
Strypstein, J. & Tubex, H. (2004), De voorlopige invrijheidstelling onderzocht (An analysis of the early release system), Tijdschrift voor veiligheid en veiligheidsbeleid 2: 56-58.
Tubex, H. (2002), De juridische en strafrechtelijke bemoeienis met plegers van seksueel geweld / misbruik: een overzicht van de Belgische en Nederlandse situatie (Legal and criminal involvement with perpetrators of sexual violence / abuse: an overview of the situation in Belgium and the Netherlands), Tijdschrift voor Seksuologie 1: 105-114; Klinische Psychologie1-2: 146-159.
Snacken, S. & Tubex, H. (1999), Libération conditionnelle et opinion publique (Parole and the public opinion), Revue de Droit Pénal et de Criminologie 5: 33-52.
Tubex, H. & Snacken S. (1998), Straffen en behandelen: evolutie van de aanpak van seksuele delinquentie (Treatment and punishment: evolution of the penal approach of sex offenders), Panopticon 19(4): 287-310.
Tubex, H. (1998), De positie van het slachtoffer in de nieuwe wet op de voorwaardelijke invrijheidstelling (The position of the victim with regard to the new law on conditional release), Orde van de Dag 4: 43-51.
Snacken, S., Beyens, K. & Tubex, H. (1995), Changing prison populations in the Western countries: fate or policy?, European Journal of Crime, Criminal Law and Criminal Justice 1: 18-53.
Tubex, H. & Snacken S. (1995), L'évolution des longues peines, aperçu international et analyse des causes (The evolution of long term imprisonment. An international overview), Déviance et Société 2: 103-126.
Snacken, S., Beyens, K. & Tubex, H. (1994), Gevangeniswezen en magistratuur. Overbevolking en strafrechtelijk beleid (Prisons and the judiciary. Overcrowding and penal policy), Panopticon, 15(4): 339-358.
Refereed conference papers;
Tubex, H. (2013), The revival of comparative criminology in a globalised world. Conference Proceedings Crime, Justice and Social Democracy: Proceedings of the 2nd International Conference, Vol1, 2013, Queensland University of Technology: 220-227.
Tubex, H. (2011), Explaining Prison Populations: A Review of International Evidence. Conference Proceedings Crime, Justice and Social Democracy: An International Conference, 26-28 September 2011, Queensland University of Technology: 228-247.
Tubex, H. & Snacken S. (2006), Recommendation R(2003)23 on the management by prisons administrations of life sentence and other long-term prisoners, Conference proceedings, Podgorica, Judicial Training Centre of the Republic of Montenegro: 52-65.
Tubex, H. (2005), Community Sanctions, Conference proceedings, Sarajevo: 81-91.

Introductions to special issues;
Tubex, H., Janssens, F., Van Der Leun, J. &Vande Walle, G. (2013), Inleiding: Punitiviteit – een oplossing voor alle problemen? (Introduction: Punitiveness – a solution to all problem?), Orde van de Dag 61: 2-5.
Tubex, H. & Eriksson, A. (2015) Challenges of Contemporary Prison Research, Guest Editors’ introduction, International Journal for Crime Justice and Social Democracy (4) 1: 1-3 https://www.crimejusticejournal.com/article/view/217
Tubex, H. & Green, D. (2015), Editorial: Special issue: Punishment, values and local cultures, Punishment & Society 17(3): 267-270. http://pun.sagepub.com/cgi/reprint/17/3/267.pdf?ijkey=13aSxBNNXQtzcbR&keytype=finite

Online discussion forums;
Tubex, H. (2016), Mandatory sentencing leads to unjust, unfair outcomes – it doesn’t make us safe. The Conversation https://theconversation.com/mandatory-sentencing-leads-to-unjust-unfair-outcomes-it-doesnt-make-us-safe-52086
Tubex, H. (2016), Reducing imprisonment rates in Australia, It isn't simply a matter of fate, it's a matter of policy. Policy forum http://www.policyforum.net/reducing-imprisonment-rates-in-australia/

Tubex, H. (2015), State of imprisonment: lopsided incarceration rates blight West. The Conversation https://theconversation.com/state-of-imprisonment-lopsided-incarceration-rates-blight-west-38986
Tubex, H. & Indermaur D (2011), Prison rates down, but not enough, The Conversation http://theconversation.edu.au/prison-rates-down-but-not-enough-2333

Book reviews
Tubex, H. (2015), Book review Chris Cunneen, Eileen Baldry, David Brown, Mark Brown, Melanie Schwartz and Alex Steel, Penal Culture and Hyperincarceration: The Revival of the Prison. Punishment & Society http://pun.sagepub.com/content/early/2015/08/24/1462474514534805.full.pdf+html
Tubex, H. (2014), Book review Don Weatherburn, Arresting incarceration: Pathways out of Indigenous Imprisonment. Australian and New Zealand Journal of Criminology 47(3): 449-451 http://anj.sagepub.com/content/47/3/449?etoc

Recommendations for the Council of Europe
Tubex, H. (2001), Etude sur la gestion des condamnés à perpétuité et d’autres détenus de longue durée, Conseil de coopération pénologique, PC-CP (2001)37. Study of the mamagement of life-sentenced and other long term prisoners, Council for Penological Co-operation, PC-CP (2001) 37.
Tubex, H. (2000), Etude sur la libération conditionnelle dans les Etats membres du Conseil de l’Europe, Conseil de coopération pénologique, PC-CP (2000) 24, Study of conditional release (parole) in the member states, Council for Penological Co-operation, PC-CP (2000) 24.

Roles, responsibilities and expertise
­PhD in Criminology, Free University Brussels, 1999
­MA in Criminology, Free University Brussels, 1991
­BA in Social work, HIMW – Antwerp, 1987
Funding received
ARC Future Fellowship Project FT100100627: “Reducing imprisonment rates in Australia: International experiences, marginal populations and a focus on the overrepresentation of Indigenous people.”

Criminology Research Grant 23/15-16: "Building an effective community-based throughcare approach for Aboriginal offenders in Australia"
Languages
English - Dutch - French
Memberships
I am a member of the European Society of Criminology and the Australian and New Zealand Society of Criminology (ANZSOC). I am currently the WA representative on the ANZSOC Committee of Management.
Teaching
LAWS3374: Crime, Justice and Penal Policy
LAWS5223: Theories of Justice and Punishment
Current projects
Criminology Research Grant: Building an effective community-based throughcare approach for Aboriginal offenders in Australia.
ARC Future Fellowship: Reducing imprisonment rates in Australia: International experiences, marginal populations and a focus on the over-representation of Indigenous people.
RFCD
390401
Research profile
Research profile and publications
 
Tamara Tulich

Dr Tamara Tulich

Senior Lecturer
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 4334
Fax
+61 8 6488 1045
Email
tamara.tulich@uwa.edu.au
Location
Room 2.15, Law Building, Perth campus
Qualifications
BA/BCom LLB Syd., LLM ANU, PhD NSW
Biography
Dr Tamara Tulich is a Senior Lecturer in UWA Law School, and Deputy Director of the Centre for Aboriginal and Torres Strait Islander Peoples and Community Justice in the Law School. Tamara researches and publishes in the areas of preventive justice, anti-terror lawmaking and indefinite detention regimes, and is co-editor of the collection Regulating Preventive Justice (with Rebecca Ananian-Welsh, Simon Bronitt and Sarah Murray and published by Routledge UK). Tamara recently completed a 17-month study with Professor Harry Blagg, supported by a grant from the Australian Institute of Criminology, examining diversionary pathways for Aboriginal Youth with FASD in the West Kimberley region of Western Australia. Tamara regularly comments in the media on her areas of expertise and has been called before parliamentary and other inquiries to speak to submissions on Australia’s anti-terror laws and indefinite detention regimes. Prior to joining UWA in 2014, Tamara was a PhD candidate and Nettheim Doctoral Teaching Fellow at the University of New South Wales, and a member of the ARC Laureate Fellowship project ‘Anti-Terror Laws and the Democratic Challenge’ in the Gilbert + Tobin Centre of Public Law. Tamara previously practiced as a solicitor at the Mental Health Advocacy Service at NSW Legal Aid and served as Associate to Chief Justice Higgins AO of the ACT Supreme Court.
Key research
Tamara's key research interests are: legal responses to terrorism, mental health law, prevention and criminal justice.
Publications
EDITED BOOKS

Regulating Preventive Justice: Principle, Policy and Paradox (Routledge UK, 2017) (with Rebecca-Ananian Welsh, Simon Bronitt and Sarah Murray (eds))

BOOK CHAPTERS

‘Critical Reflections on Preventive Justice’ in Tamara Tulich, Rebecca Ananian-Welsh, Simon Bronitt and Sarah Murray (eds), Regulating Preventive Justice (Routledge UK, 2017)

‘Preventive Justice’ in Rosalind Dixon and Gabrielle Appleby (eds), The Critical Judgments Project: Re-Reading Monis v The Queen (The Federation Press, 2016)

‘Secrecy and Control Orders: The Role and Vulnerability of Constitutional Values in the United Kingdom and Australia’ in D. Cole, F. Fabbrini & A. Vedaschi (eds) Secrecy, National Security & the Vindication of Constitutional Law (Edward Elgar Publishing, 2013) (with Andrew Lynch and Rebecca Welsh)

REFEREED ARTICLES

‘Miscarriage of Justice in Western Australia: the case of Gene Gibson’ (2017) 5(2) Griffith Journal of Law & Human Dignity 118 (with Harry Blagg and Ava Hill-de Monchaux)

‘Indigenous young people with Foetal Alcohol Spectrum Disorders (FASD): the Disability Convention and reform to the law governing fitness to stand trial in Western Australia’ (2017) 35(2) Law in Context 85 (with Rhianna Chisholm and Harry Blagg)

‘The Innovative Magistrate and Legitimacy – Lessons for a ‘solution-based’ model’ (2017) 40(2) UNSW Law Journal 897 (with Sarah Murray and Harry Blagg)

‘UN Decision on Marlon Noble case - imprisonment of an Aboriginal man with intellectual disability found unfit to stand trial in Western Australia’ (2017) 42(1) Alternative Law Journal 67 (with Fiona McGaughey and Harry Blagg)

‘Indefinite Detention meets Colonial Dispossession: Indigenous Youths with Foetal Alcohol Spectrum Disorders in a White Settler Justice System,’ (2017) 26(3) Social and Legal Studies 333 (with Harry Blagg and Zoe Bush) Online First - DOI: https://doi.org/10.1177/0964663916676650

‘Placing Country at the Centre: Decolonising Justice for Indigenous Young People with Foetal Alcohol Spectrum Disorders (FASD)’ (2015/16) 19(2) Australian Indigenous Law Review 4 (with Harry Blagg and Zoe Bush)

‘Diversionary Pathways for Indigenous Youth with FASD in Western Australia: Decolonising alternatives’ (2015) 40(4) Alternative Law Journal 257 (with Harry Blagg and Zoe Bush)

‘“I want to go home now”: Restraint decisions for dementia patients in Western Australia’ (2015) 33 (2) Law in Context 1 (with Judy Allen)

‘Post-Sentence Preventive Detention and Extended Supervision of High Risk Offenders in New South Wales’ (2015) 38(2) UNSW Law Journal 823

‘Adversarial Intelligence? Control Orders, TPIMs and Secret Evidence in Australia and the United Kingdom’ (2012) 12(2) Oxford University Commonwealth Law Journal 341

‘Prevention and Pre-emption in Australia’s Domestic Anti-Terrorism Legislation' (2012) 1(1) International Journal for Crime and Justice 69

‘A View Inside the Preventive State: Reflections on a Decade of Anti-Terror Law’ (2012) 21(1) Griffith Law Review 209

REFEREED CONFERENCE PAPERS

‘Inside the Preventive State’, Crime, Justice & Social Democracy – An International Conference, School of Justice, QUT, Brisbane, 25-28 September 2011

SUBMISSIONS

Submission to the Parliamentary Joint Committee on Intelligence and Security to the inquiry into the Review of police stop, search and seizure powers, the control order regime and the preventative detention order regime (September 2017) (with Jessie Blackbourn, Andrew Lynch, Nicola McGarrity and George Williams).

Submission to the Independent National Security Legislation Monitor on the Statutory Deadline Reviews of Division 3A of Part IAA of the Crimes Act, Sections 119.2 and 119.3 of the Criminal Code, and Divisions 104 and 105 of the Criminal Code (April 2017) (with Jessie Blackbourn, Andrew Lynch, Nicola McGarrity and George Williams).

Submission to the Parliamentary Joint Committee on Intelligence and Security to the inquiry into the Criminal Code Amendment (High Risk Terrorist Offenders) Bill 2016 (October 2016) (with Rebecca Ananian-Welsh, Nicola McGarrity and George Williams).

Submission to the Senate Standing Committees on Community Affairs to the Inquiry into the indefinite detention of people with cognitive and psychiatric impairment in Australia (April 2016) (with Harry Blagg and Zoe Bush)

Submission to the Parliamentary Joint Committee on Intelligence and Security to the inquiry into the Counter-Terrorism Legislation Amendment Bill (No 1) 2015 (December 2015) (with Rebecca Ananian-Welsh, Keiran Hardy, Andrew Lynch, Noam Peleg, Nicola McGarrity)

Submission to the Independent National Security Legislation Monitor on the adequacy of the safeguards relating to the control order regime (September 2015)

Submission to the Independent National Security Legislation Monitor on the adequacy of the safeguards relating to the control order regime provided by Division 104 of the Criminal Code (September 2015) (with Rebecca Ananian-Welsh, Lisa Burton Crawford, Jessie Blackbourn, Fergal Davis, Keiran Hardy, Andrew Lynch, Nicola McGarrity, Sangeetha Pillai and George Williams)

Submission to the Independent National Security Legislation Monitor on the 2014 Review of National Security Legislation (February 2014) (with Rebecca Ananian-Welsh, Nicola McGarrity, Fergal Davis, Sangeetha Pillai and George Williams)

Submission to the COAG Review of Counter-Terrorism Legislation (September 2012) (with Lisa Burton, Fergal Davis, Andrew Lynch, Nicola McGarrity, Rebecca Welsh and George Williams)

Submission to the Independent National Security Legislation Monitor on control orders and preventative detention orders under the Criminal Code Act 1995 (Cth) (September 2012) (with Lisa Burton, Andrew Lynch, Rebecca Welsh and George Williams)

BLOG POSTS & MEDIA

Tamara Tulich, ‘Interactive: what powers does ASIO have to question and detain terror suspects?’, The Conversation (2 September 2016)

Tamara Tulich, ‘Will post-sentence detention of convicted terrorists make Australia any safer? ’, The Conversation (26 July 2016)

R Taylor, ‘Australia Seeks Indefinite Detention of Some Terror Convicts’ The Wall Street Journal (25 July 2016).

T Tulich, ‘Foetal Alcohol Spectrum Disorders and Indigenous Children’, The Daily with Jamie Travers, 2SER 107.3 (14 April 2016)

Tamara Tulich and Harry Blagg ‘Indigenous youth with foetal alcohol spectrum disorder need Indigenous-run alternatives to prison’, The Conversation (7 April 2016)

T Tulich, 'Indefinite detention for terrorists', The Daily with Sean Britten, 2SER 107.3 (21 December 2015)

Tamara Tulich and Jessie Blackbourn, ‘The government still needs to demonstrate that indefinite detention for terrorists is necessary’, The Conversation (14 December 2015)

Tamara Tulich and Jessie Blackbourn, 'Reactive anti-terror laws risk further eroding freedoms without making us safer' The Conversation (23 November, 2015)

Tamara Tulich and Jessie Blackbourn ‘National security bill opens the door to expanded control orders and secret evidence’ The Conversation (13 November, 2015)

Sarah Martin 'Laws to Keep Suspects in the Dark' The Australian (20 October 2015)

Jessie Blackbourn and Tamara Tulich 'Control orders for kids won’t make us any safer' The Conversation (16 October, 2015)

Tamara Tulich, ‘The Limits of Preventive Lawmaking’ on AUSPUBLAW (21 August 2015)

T Tulich, 'Mobile Community Justice Court', Mornings with Vanessa Mills, ABC Radio Kimberley (19 August, 2015)

Nicolas Perpitch 'Mobile community justice centre proposed to help address FASD in Kimberley, WA' ABC News Online (13 August, 2015)
Funding received
2017/18, Professor Harry Blagg, Dr Tamara Tulich, Dr Jade Lindley, Dr Joe Clare, Ms Dorinda Cox, WA Police Service, 'Over-representation of Aboriginal Persons in Police Custody and Diversionary Alternatives', $133, 600

2017, Professor Harry Blagg, Dr Tamara Tulich, Dr Raewyn Mutch, Dr Victoria Hovane, Department of Health (Commonwealth), 'FASD and the Criminal Justice System', $60,000

2016/17, Associate Professor Natalie Skead, Associate Professor Hilde Tubex, Associate Professor Sarah Murray, Dr Tamara Tulich, Australian Institute of Criminology, Criminology Research Grants 2016-17, ‘Pocketing the Proceeds of Crime: The Legislation, Criminological Perspectives and Experience’, $53,786

2015/16, Prof Harry Blagg, Dr Tamara Tulich, Australian Institute of Criminology, Criminology Research Grants 2014-15, ‘Developing Diversionary Pathways for Indigenous Youth with Foetal Alcohol Spectrum Disorders (FASD): A Three Community Study in Western Australia’, $47, 883.

2014, Dr Tamara Tulich, Dr Catherine Kelly, UWA Improving Student Learning Grant, 'The Development of Digital Film Resources to Enhance Student Learning in LAWS1111, Law Conflict and Change', $2950

2010-2014 PhD Scholarship, Australian Research Council Laureate Fellowship Project ‘Anti-Terror Laws and the Democratic Challenge’, Gilbert and Tobin Centre of Public Law, Faculty of Law, University of New South Wales
Honours and awards
2014 UWA Student Guild Student Choice Award

2014 PhD Excellence Award (UNSW Law)
Teaching
UNDERGRADUATE UNITS

LAWS1111 Law, Conflict and Change
LAWS3330 Gender and the Law

JURIS DOCTOR AND MASTERS UNITS

LAWS4108 Foundations of Public Law
LAWS5227 Foundations of Law and Governance

Tamara is Unit Co-ordinator of Law, Conflict and Change and Foundations of Law and Governance.

Tamara has previously taught Principles of Public Law at the University of New South Wales.
Research profile
Research profile and publications
 

Ms Joanna Vincent

Casual Teaching
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Email
joanna.vincent@uwa.edu.au
Research profile
Research profile and publications
 

Mr Yannis Vrodos

Casual Teaching
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Email
yannis.vrodos@uwa.edu.au
Research profile
Research profile and publications
 

Mr Gregory Watson

Casual Teaching
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Email
greg.watson@uwa.edu.au
Research profile
Research profile and publications
 

Professor Jacqueline Weaver

Visiting Professor
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Email
jacqueline.weaver@uwa.edu.au
Research profile
Research profile and publications
 
Murray Wesson

Dr Murray Wesson

Senior Lecturer
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 3440
Fax
+61 8 6488 1045
Email
murray.wesson@uwa.edu.au
Qualifications
BA BALLB KwaZulu-Natal, BCL MBus DPhil Oxf.
Biography
Murray Wesson completed his LLB at the University of KwaZulu-Natal in Durban, South Africa. Thereafter he studied at the University of Oxford on the KwaZulu-Natal Rhodes Scholarship, where he completed a Bachelor of Civil Law, MPhil and DPhil degrees. He has taught at the Universities of KwaZulu-Natal, Oxford and Leeds, and been a visiting lecturer at the Central European University in Budapest and the Law Institute in Jersey.
Key research
Murray's research interests are in the areas of constitutional and human rights law. He is particularly interested in exploring these issues from a comparative perspective.
Publications
Journal articles and book chapters:

'Crafting a Concept of Deference for the Implied Freedom of Political Communication' (2016) Public Law Review (forthcoming)

'Tajjour v New South Wales, Freedom of Association, and the High Court's Uneven Embrace of Proportionality Review' (2015) 40(1) University of Western Australia Law Review 102.

'The Emergence and Enforcement of Socio-Economic Rights' in Liora Lazarus, Christopher McCrudden and Nigel Bowles (eds), Reasoning Rights: Comparative Judicial Engagement (Hart, 2014).

'Recession, Recovery and Service Delivery: Political and Judicial Responses to the Financial and Economic Crisis in South Africa' in Aoife Nolan (ed), Economic and Social Rights after the Global Financial Crisis (Cambridge University Press, 2014) (with Anashri Pillay).

'The Transformation of the Judiciary' in Catherine Jenkins and Max Du Plessis (eds), Law, Nation-Building and Transformation: The South African Experience in Perspective (Intersentia, 2014) 199-221 (with Gilbert Marcus SC).

'Disagreement and the Constitutionalisation of Social Rights' (2012) 12(2) Human Rights Law Review 221.

'Reasonableness in Retreat? The Judgment of the South African Constitutional Court in Mazibuko v City of Johannesburg' (2011) 11(2) Human Rights Law Review 390.

'Contested Concepts: Equality and Dignity in the Case-Law of the Canadian Supreme Court and South African Constitutional Court' in András Sajό and Renáta Uitz (eds), Constitutional Topography: Values and Constitutions (Eleven International Publishing, 2010) 271.

'Social, Economic and Cultural Rights' in David Feldman (ed), English Public Law (Oxford University Press, 2009) 453 (with Sandra Fredman).

'Fifteen Years On: Central Issues Relating to the Transformation of the South African Judiciary' (2008) 24 South African Journal on Human Rights 187 (with Max Du Plessis).

'Equality and Social Rights: An Exploration in Light of the South African Constitution' (2007) Public Law 748.

'Discrimination Law and Social Rights: Intersections and Possibilities' (2007) Juridica International 74.

'Hart, Dworkin and the Nature of (South African) Legal Theory' (2006) South African Law Journal 698 (with Max Du Plessis).

'Social Condition and Social Rights' (2006) Saskatchewan Law Review 101.

'Chronic Illness and the Right of Access to Health Care Services' in Max Du Plessis and Steven Pete (eds), Constitutional Democracy in South Africa (Lexis-Nexis Butterworths, 2004) 97.

'Grootboom and Beyond: Reassessing the Socio-Economic Jurisprudence of the South African Constitutional Court' (2004) 20 South African Journal on Human Rights 284.

Blog posts:

'McCloy, Proportionality and the Doctrine of Deference' on AUSPUBLAW (3 March 2016) .

'What Is the (Australian) Constitution For?' U.K. Const. L. Blog (27 Mar 2015) (available at http://ukconstitutionallaw.org/)).
Roles, responsibilities and expertise
Murray is the Academic Conduct Advisor for the Faculty of Law.
Funding received
Dr Murray Wesson, Dr Wasi Apoh, Mr Joe Fardin 2014, 'Customary Law & Mining - Australia & Ghana', International Mining for Development Centre ex AusAID.
Teaching
Murray teaches and coordinates the units Evolution of Human Rights LAWS2224, Constitutional Law LAWS 4401 and LAWS5101, and Legal Theory and Ethics LAWS4404 and LAWS5106.

In 2015 he was the Blackstone Society Law Teacher of the Year.
Research profile
Research profile and publications
 

Mr Michael Workman

Casual Teaching
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Email
michael.workman@uwa.edu.au
Research profile
Research profile and publications
 

Daniel Yazdani

Casual Teaching
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Email
daniel.yazdani@uwa.edu.au
Research profile
Research profile and publications
 
Bruno Zeller

Professor Bruno Zeller

Professor
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 7206
Fax
+61 8 6488 1045
Email
bruno.zeller@uwa.edu.au
Qualifications
BCom BEd PhD Melb., MIL Deakin
Biography
PhD (The University of Melbourne) Master of International Trade Law (Deakin University) B.Com and B. Ed (The University of Melbourne). He is a Professor of Transnational Commercial Law at the University of Western Australia. He is also an Adjunct Professor at Murdoch University, Perth, a Fellow of the Australian Institute for Commercial Arbitration, Panel of Arbitrators – MLAANZ, Visiting Professor Institut fur Anwaltsrecht, Humboldt University, Berlin and a Visiting Professor Stetson Law School, Florida.
His areas of expertise are International Trade Law, International Arbitration, Conflict of Laws and Maritime Law. He published extensively on the CISG, arbitration law, harmonisation of contract law and carbon Trading.
Key research
International Trade,
International Arbitration
Maritime Law
conflict of Laws
Publications
. Dr. Bruno Zeller - List of Publications


Books

Zeller B (1999) International Commercial Law for Business. The Federation Press

Zeller B (2005) Damages Under the Convention on Contracts for the International Sale of Goods. Oceana Press, New York (now Oxford Press)

Zeller B (2007) CISG and the Unification of International Trade Law Routledge-Cavendish,

Mercurio, Trakman, Kolsky Lewis, Zeller, International Business Law. (2010), Oxford Press

Andersen , Mazzotta, Zeller “A Practitioner’s Guide to the CISG, (2010) Juris Net, LLC

Chapters in Books

Zeller B (1999) CISG and China, in Michael R. Will (ed) CISG and China, An Intercontinental Exchange, Schriftenreihe Deutscher Jura Studenten in Genf, Faculté de Droit, Genève, pp. 7-22


Zeller B (2005) “The CISG in Australasia - An Overview” in Franco Ferrari (ed.,), Quo vadis CISG?, Brussles/Paris/Munich: Bruylant/FEC/Sellier European Law Publishers, 2005). Pp. 293-323.

Zeller B (2007) in John Felemegas (ed) An International Approach to the Interpretation of the United Nations Convention on Contracts for the International Sale of Goods (1980) as Uniform Sales Law, Cambridge University Press, Chapters/Articles 76, 47/49, 63/54, 77,

Zeller, B. (2008) in, Matthew Harvey & Michael Longo, European Union Law: An Australian View (2008) LexisNexis Melbourne, Chapter 8, The EU, Australia and International Trade, Trading with the EU.

Zeller, B. (2008) in, Camilla Andersen and Ulrich Schröter, Festschrift for Albert H Kritzer on the Occasion of his Eightieth Birthday, Commodity Sales and the CISG, pp. 627 -640

Zeller B.& Gerry Box, (2008) Chapter 6: Delivery, Shipment, and Insurance, in: Albert H. Kritzer / Jarno & Jessica Vanto / Sieg Eiselen eds., International Contract Manual, vol. 1, Thomson West (2008),

Zeller, B. (2009) in Janssen and Meyer (ed) “Methodology of CISG” Sellier European Law Publishers

Zeller B, (2010) in Schwenzer and Spagnolo (ed) Towards Uniformity, the 2nd annual maa Schlechtriem CISG Conference, Eleven International Publishing, Facilitating Reginal Economic Integration, ASEAN, ATIGA and the CISG

Zeller B. (2011) in Schwenzer and Spagnolo (ed) State of Play, the 3nd annual maa Schlechtriem CISG Conference, Eleven International Publishing The UNIDROIT Principles of Hardship and the Application of Article 79 CISG: Are they Compatible?

Zeller B. (2011) in Buchler and Muller-Chen, (ed) Festschrift fur Ingeborg Schwenzer zum 60. Geburtstag, International Trading of Emission Units – a question of applicable Law.

Zeller, B.(2011) in Andenas and Baasch Andersen, Theory and Practice of Harmonisation. , Harmonised Legal Framework for Carbon Trading

Zeller B, (2012) in Magnus, U. (ed) CISG vs Regional Sales Law Unification, The CISG and the Common Law: The Australian Experience.

Zeller, B, (2013) Opting in or opting out of the Vienna Sales Convention (CISG)? that is the question. To be published in the AMPLA Yearbook. Expected publishing date 2014.

Zeller, B. (2014) MINING PROJECTS IN OHADA: THE LEGAL AND JUDICIAL CLIMATE. TO BE PUBLISHED BY PROFESSOR MOENS IN 2014

Zeller, B. (2013) CISG and the Battle of the Forms. in LarryA DiMatteo (ed), International Sales Law: A Global Challenge (Cambridge University Press (2013), ch 13. forthcoming




Articles - Refereed

Zeller B (1999) Is the Sale of Goods (Vienna Convention) Act the Perfect Tool to Manage Cross Border Legal Risks Faced by Australian Firms? E-Law, Murdoch University Electronic Journal of Law, Vol 6, No 3 (Sept. 1999)

Zeller B (2000) The UN Convention on Contracts for the International Sale of Goods (CISG) - a leap forward towards uniform international sales laws. Pace International Law. Review Fall 2000

Zeller B (2000). Good Faith - The Scarlet Pimpernel of the CISG, International Trade and Business Law Annual, 2001, University of Queensland,

Zeller B (2001) Case Notes: Downs Investment Pty Ltd v Downs Investment Pty Ltd v Perwaja Steel SDN BHD [2000] QSC 421, The Vindobono Journal of International Commercial Law and Arbitration (2001) 5 VJ 1

Zeller B (2002) The Development of Uniform Laws - A Historical Perspective – Pace International Law Review Spring 2002

Zeller B (2002) The Black Hole: Where are the Four Corners of the CISG? International Trade and Business Law Annual, 2002, University of Queensland,

Zeller B (2002) Jurisdiction in Cyberspace. Does the CISG ‘Manage’ the Global Communication Medium? The Vindobono Journal of International Commercial Law and Arbitration (2002) 6 VJ 2, p 321-332.

Zeller B (2002) The Determination of the Contractual Intent of Parties under the CISG and the Common Law – A Comparative Analysis. European Journal of Law Reform 4 (2002).

Zeller B (2003) Interpretation of the United Nations Convention on Contracts for the International Sale of Goods according to Principles of International Law. Journal of International Commercial Law 1(3) Ashgate Publishing Limited, p273-284.

Zeller B (2003) The Parol Evidence Rule and the CISG – A comparative Analysis, 36 Comparative International Law Journal of South Africa, (CILSA 3) 2003.

Zeller B (2003) Remarks on The Manner in which the Unidroit Principles may be used to Interpret or supplement Article 76 of the CISG “Nordic Journal of Commercial Law of the University of Turku, Finland, Issue 2003 # 1 http://www.njcl.utu.fi

Zeller B (2003) Good Faith: Is it a Contractual Obligation? 15 Bond Law Review No 2, p204-227.

Zeller B (2003) International Trade Law -- Problems of Language and Concepts?
23 Journal of Law and Commerce vol 39 (2003).

Zeller B (2004) Judicial consistency and Article 25 of the Convention on the International Sale of Goods: A reply " 78 Australian Law Journal 1 p343-347

Zeller B (2004) Fundamental Breach and the CISG - A Unique Treatment or Failed Experiment "The Vindobona Journal of International Commercial Law and Arbitration (2004) 8VJ(1) p 81-94

Zeller B (2004) Interpretation of Article 74 - Zapata Hermanos v Hearthside Baking – where next? “Nordic Journal of Commercial Law of the University of Turku, Finland, Issue 2004 # 2 http://www.njcl.utu.fi

Zeller B (2004) Traversing International Waters, 78 Law Institute Journal, No 9. 52.

Zeller, B. (2005). Downs Investment Pty Ltd 9 (in liq) v. Perjawa Steel SDN BHD. Vindobona Journal of International Commercial Law and Arbitration.
Volume 9 Number 1 pp43- 48

Zeller, B. (2005) The CISG And The Opting Out Clause Pursuant To Article 6 – A Corrective Reply, MEALEY’S International Arbitration Report Vol 20 #8 August, pp 1-6

Hemmings R & Zeller B. (2005) Is the Ship’s Rail really significant? “Nordic Journal of Commercial Law of the University of Turku, Finland, Issue 2005 # 2 http://www.njcl.utu.fi

Mohs F. & Zeller B. (2006) Penalty and Liquidated Damages Clauses in CISG Contracts Revisited, MEALEY’S International Arbitration Report Vol 21 #6 June, pp 1-5

Zeller B. (2006) Internationalisation and the Teaching of Contract Law, “61st Annual Australian Law Teachers Association Conference published conference papers

Zeller B. (2006) The Significance of the Vienna Convention on the International Sale of Goods for the harmonisation and Transplantation of International Commercial Law. Stellenbosch Law Review Vol 3, pp466 – 481.

Zeller B. (2006) The Language of International Trade Law: Problems or Salvation? International Trade Business Law Review Vol X, pp179-1194

Zeller B. (2006) The Challenge of a Uniform Application of the CISG – Common Problems and their Solutions, Macquarie Journal of Business Law Vol 3

Zeller B. (2007) Protecting Reliance: Equitable Estoppel and the CISG – a Comparative Analysis, European Journal of Law Reform Vol 9 No 4

Singh, S. & Zeller B., (2007) CIETAC’s Calculation on Lost Profits under Article 74 of the CISG, Loyola University Chicago International law Review, Volume 4, issue 2

Zeller B. (2007) The Remedy of Fundamental Breach and The United Nations Convention on the International Sale of Goods (CISG) – A Principle Lacking Certainty
Vindobona Journal of International Commercial Law and Arbitration. (2007) 11 VJ, 131

Zeller B, (2008) The UNIDROIT Principles of Contract Law: Is There Room for Their Inclusion into Domestic Contracts, vol. 26 (Parts I & II) Journal of Law & Commerce 115-127 (2006-07)

Zeller, B. (2008) FROM TEXT TO CONTEXT: THE INTERNATIONAL VIEW,
Macq Journal of Business Law - vol 5

Zeller B. (2008) Uniformity of laws; a reality or just a myth. Int. J. Private Law Vol 1 No 3, 231- 242.

Zeller, B. (2009) Systems of Carbon Trading, Touro Law Review, Vol 25. Number 3,
909-942

Haining, K. & Zeller, B., (2010) Can Separability Save Kompetenz-Kompetenz When there is a Challenge to the Existence of a Contract.? (2010) 76 Arbitration No 3, 493-502.

Zeller, B., & Dimsey, M., (2010) The Australian Carbon Pollution Reduction Scheme Bill; How compatible is it with Bilateral Investment Treaties? MqJBL

Abdullah Fahad Alassaf & Zeller, B., (2010) The Legal Procedures of Saudi Arbitration Regulations 1983 and 1985, MqJBL

Zeller B., (2010), EMISSIONS TRADING – HAS AUSTRALIA FOUND THE RIGHT BALANCE? Monash University law Review

Zeller, B., (2010) Article 79; revisited. Vindobona Journal of International Commercial law and Arbitration

Zeller, B. (2011) Uniform Emissions Trading or Tax Schemes – has the genie been [finally?] let out of the bottle? Elon Law Review Vol 3, 2011, 57-86.

Zeller, B. (2011) Penalty Clauses: Are They Governed by the CISG? Pace International Law Review, Vol 23 Winter 2011, 1 to 14.

Zeller, B. (2011) Carbon Reduction Schemes and the Energy Sector: A Bottom Up approach? Environmental and Planning Law Journal (EPLJ)

Zeller, B & Longo, M. (2011) Carbon Reduction Legislation in Australia - what next?
MqJBL

Schindler, H. & Zeller, B. (2011) Indirect Systemic Discrimination in Education: A Comparative Analysis, MqJBL


Zeller B. (2011) INTELLECTUAL PROPERTY RIGHTS AND THE CISG ARTICLE 42. Vindobona Journal of International Commercial law and Arbitration, 123-138

Hussain Agil and Zeller Bruno, (2012 Foreign Investments in Saudi Arabia, International Trade and Business law Review, Vol, XV,

Zeller B, and Longo M, (2012) Carbon Reduction in the Post-Kyoto era. Global Journal of Comparative Law.

Zeller B, (2012) When is a fixed sum not a fixed sum but a penalty clause, Journal of Law and Commerce Vol 30 No 2.

M. Saleh Jaberi & Bruno Zeller (2012) Alternative Dispute Resolution Agreements in the Securities Exchange: Analysing the Approach of Three Systems . MqJBL

Blanchett, J. and Zeller B. (2012) NO WINNERS IN THE SUSPENSION OF THE LIVESTOCK TRADE WITH INDONESIA. The University of Notre Dame Australia Law Review

Zeller, B. (2013) IHR Internationales Handelsrecht 2/2013, Interpretation of Article 8., 89

Zeller , B., and Longo, M., (2013) Australia’s Clean Energy Act: A new Measure in the Global Carbon Market. Loyola University Chicago International Law Review, Vol 10 (2). 179

Zeller, B (2013) ATTORNEYS’ FEES—LAST DITCH STAND? Villanova Law Review [Vol. 58.4], 761.


Melissa Radosavc & Bruno Zeller, (2013) The Buyer’s Burden of Proof under Articles 38-39 CISG: Is it reasonable? Vindobona Journal of International Commercial law and Arbitration forthcoming


Zeller, B., (2013) Statutory Interpretation – the two step approach, Forthcoming in 2013 in the International Trade and Business law Review



Articles not refereed

Zeller B (1999) The Vienna Convention - 11 Years on. The Law Institute Journal Victoria, (1999) 73(3) LIJ, 73 -75

Zeller B (2000) The Buyer's rights and Seller's obligations in relation to defective and unsuitable goods –The influence of the Vienna Convention on International Sales of Goods on Australian domestic law. Uniserve Law, March 7, 2000, The University of Adelaide.

Zeller B (2000) Getting off the Fence. The Law Institute Journal, (2000) 74(9) LIJ, 73-74


Conference Papers


Zeller B (2001) 19th Annual Law and Society Conference, Melbourne, “Forms of Legal Identity and the Vienna Convention”

Zeller B (2002) Vis Moot Conference, Austrian Chamber of Arbitration, Vienna, Becoming e-legal, “Jurisdiction in Cyberspace. Does the CISG “manage” the global communication medium?” Published in the Vindobona Journal of International Commercial Law and Arbitration.

Zeller B (2002) Law and Commerce in the New Millennium: Adapting to a changing legal and business environment, “E-commerce and Globalization” International Islamic University, Kuala Lumpur

Zeller B (2002) Mediating Law, Theory – Production – Culture. “International Trade Law – Problems of Language and Concepts” The University of Melbourne. Published in the Journal of Law and Commerce of the University of Pittsburgh USA

Zeller B (2003) Internationalising Education: Risks and Returns, “ International Cooperative Agreements” Victoria University, Melbourne

Zeller B (2003) Fundamental Breach – A Unique Treatment or Failed Experiment? “2nd International Conference on Law and Commerce – Law Ethics.” School of Law Victoria University, Melbourne. Published in the Vindobono Journal of International Commercial Law and Arbitration.

Zeller B (2005) The UNIDROIT Principles of Contract law; is there room for their inclusion into domestic contracts? 3rd International conference on Law and Commerce, International Islamic University, Kuala Lumpur Published in the Journal of Law and Commerce of the University of Pittsburgh USA

Zeller B (2006) Internationalization and the Teaching of Contract Law ALTA Conference School of Law Victoria University, Melbourne Published as a conference Paper in the Annual Proceedings.

Zeller B. (2006) International Sales Conventions,: The Remedy of Fundamental Breach, Obligations III Conference, University of Queensland, Brisbane

Zeller B. (2006) Legal Dimensions of International Sales and Services, Centre for International Legal Studies, Schloss Leopoldskron, Salzburg Austria.

Zeller B. (2007) “Making the right choice of law: how the CISG can solve your problems." An intercontinental exchange of views. Australian – European Lawyers Conference 2 & 3 March Canberra

Zeller B. (2007) “Jurisdictional Issues and Practical Pointers on International Contracting” Lexis Nexis 4th Annual Contracts Conference 7 to 9 August, Perth


Notes

Zeller B (2000) UNIDROIT Principles article 1.7. Case review on Alcatel Australia v. Scarcella & Ors Uniform Law Review, 2000,

Zeller B (2000) UNIDROIT Principles article 1.7. Case review on Aiton v. Transfield - Uniform Law Review, 2000-4, Kluwer International,

Zeller B (2002) Warsaw Convention, 1929, Article 17, case review on Povey v Civil Aviation Safety Authority and Ors [2002] VSC 580, Uniform Law Review, 2002-4, Kluwer International

Zeller B (2004) Warsaw Convention, 1929, Article 17, case review on Qantas Ltd & British Airways Plc. V Povey [2003] VSCA 227, Uniform Law Review, 2004-3, Kluwer International

Zeller B (2005) Warsaw Convention, 1929, Article 17, case review on Povey v Qantas Ltd & British Airways Plc. [2005] HCA , Uniform Law Review, 2005-3, Kluwer International

Zeller B (2005) Warsaw Convention, 1929, Article 17, case review on Air Link Pty Ltd v Paterson, [2005] HCA Uniform Law Review, 2005-4, Kluwer International



Comments

Pace Website (http://www.cisgw3.law.pace.edu)
•Zeller B (2001) Use of the Principles of European Contract Law to help interpret CISG articles 47 and 49(1)(b)
oMatch-ups with Continental and Common Law domestic rules, doctrine and jurisprudence
•Zeller B (2001) Use of the Principles of European Contract Law to help interpret CISG articles 63 and 64(1)(b)
oMatch-ups with Continental and Common Law domestic rules, doctrine and jurisprudence
•Zeller B (2003) Remarks on the manner in which the UNIDROIT Principles may be used to interpret or supplement Article 76 of the CISG
•Zeller B (2005) Comparison between the provisions of the CISG on mitigation of losses (Art. 77) and the counterpart provisions of PECL (Art. 9:505)

Zeller B. 2006. Commentary on Article 74 CISG, in: André Corterier ed., ccisg.org.online commentary (April 2006). Go to
Zeller B. 2006. Commentary on Article 75 CISG, in: André Corterier ed., ccisg.org.online commentary (April 2006). Go to
Zeller B. 2006. Commentary on Article 76 CISG, in: André Corterier ed., ccisg.orgonline commentary (April 20
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