Search Results - "University of Tasmania Law Review"

Remaining all ears: Ending Australia's structured proportionality exceptionalism by Scott Currie

“…This essay received second place in the Sir Anthony Mason Constitutional Law Essay Prize competition in 2021 and Sir Anthony Mason's personal commendation. It…”
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Contextualising (some) contested inter vivos transfers by G E Dal Pont

“…I have been requested to speak on 'contested inter vivos transfers'. This descriptor is broad enough to encompass scenarios divorced from trusts and estates…”
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Remaining all ears: Ending Australia's structured proportionality exceptionalism by Scott Currie

“…This essay received second place in the Sir Anthony Mason Constitutional Law Essay Prize competition in 2021 and Sir Anthony Mason's personal commendation. It…”
Get full text

Monitoring foreign ownership and control of Australian corporations in the governance 'shadow' by Geoffrey Nicoll, Jenny Fu

“…Amendments in 2020 to the Foreign Acquisitions and Takeovers Act 1975 ('FATA'), directed to the protection of Australian 'national security', may neglect…”
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Farm Transparency International Ltd v New South Wales by Scott Currie

“…Farm Transparency International ('FTI', the 'first plaintiff') is a group which seeks to change modern agricultural practices and improve animal welfare…”
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Proportionality in Australian constitutional and administrative law by Anthony Gray

“…This article suggests that a consistent approach should be taken to the use of proportionality in public law, including constitutional and administrative law…”
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The Bemba appeal decision: Command responsibility in international criminal law by Louisa Rowe

“…Command responsibility is a mode of liability enshrined in article 28 of the Rome Statute of the International Criminal Court, which enables commanders or…”
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Monitoring foreign ownership and control of Australian corporations in the governance 'shadow' by Jenny Fu, Geoffrey Nicoll

“…Amendments in 2020 to the 'Foreign Acquisitions and Takeovers Act' 1975 ('FATA'), directed to the protection of Australian 'national security', may neglect…”
Get full text

Citta Hobart Pty Ltd v Cawthorn by Tennille Burdon

“…As established in 'Burns v Corbett ('Burns')', it is impermissible for State tribunals that are not State courts to exercise judicial power with respect to any…”
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Proportionality in Australian constitutional and administrative law by Anthony Gray

“…This article suggests that a consistent approach should be taken to the use of proportionality in public law, including constitutional and administrative law…”
Get full text

Reviewing executive decision-making in emergencies: Time to consider a more systematic approach to post legislative scrutiny in Australia by Sarah Moulds, Anja Pich

“…COVID-19 highlighted the need for agile, fast decision-making and delegated lawmaking by the Executive branch. As a result, this emergency saw an increasingly…”
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Citta Hobart Pty Ltd v Cawthorn by Tennille Burdon

“…As established in 'Burns v Corbett ('Burns')', it is impermissible for State tribunals that are not State courts to exercise judicial power with respect to any…”
Get full text

The 'Bemba' appeal decision: Command responsibility in international criminal law by Louisa Rowe

“…Command responsibility is a mode of liability enshrined in Article 28 of the 'Rome Statute of the International Criminal Court', which enables commanders or…”
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Contextualising (some) contested inter vivos transfers by G E Dal Pont

“…Edited version of address to the Society of Trust and Estate Practitioners (STEP) Australia Conference, 28 March 2022, Sydney. I have been requested to speak…”
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Farm Transparency International Ltd v New South Wales by Scott Currie

“…Farm Transparency International ('FTI', the 'first plaintiff') is a group which seeks to change modern agricultural practices and improve animal welfare…”
Get full text

Reviewing executive decision-making in emergencies: Time to consider a more systematic approach to post legislative scrutiny in Australia by Sarah Moulds, Anja Pich

“…COVID-19 highlighted the need for agile, fast decision-making and delegated lawmaking by the Executive branch. As a result, this emergency saw an increasingly…”
Get full text

Context, motivation and objectivity: Navigating the legal quagmire of child sexual exploitation material offences in Australia by Dominique Moritz

“…Child sexual exploitation material (CSEM) is a significant threat to children and the community. As CSEM exploits vulnerable people, it is widely condemned and…”
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Supporting university students with disabilities: Making reasonable adjustments while meeting education program and course requirements by Joan Squelch, Jacques Duvenhage

“…University students with a disability have a right to access education and to participate in education programs and courses on the same basis as students…”
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Disposition of the Chagos Islands: 'Delimitation of the maritime boundary between Mauritius and Maldives (preliminary objections)' by Gino Naldi

“…In 2021 the International Tribunal for the Law of the Sea (ITLOS) ruled on preliminary objections raised by the Maldives in delimitation of the maritime…”
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Curial twins: The birth stories of the Supreme Courts of Van Diemen's Land and New South Wales by Michael Stuckey

“…A recension of an after-dinner speech delivered to the assembled Fellows of the Australian Academy of Law in Hobart on 10 June 2021. It is appropriate to think…”
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