Journal

Melbourne University Law Review

Affiliated organisation:
ISSN:

0025-8938

Journal article

Balancing fairness to victims, society and defendants in the cross-examination of vulnerable witnesses: an impossible triangulation?

This article argues that direct cross-examination of vulnerable witnesses should be removed from Australian trials, to reduce any illegitimate advantage to the defendant.
Journal article

The rights and responsibilites of Australian citizenship: a legislative analysis

This article tests claims about the legal significance of possessing Australian citizenship against the legal reality. Abstract The Preamble to the Australian Citizenship Act 2007 (Cth) makes three broad claims about Australian statutory citizenship: that it signifies ‘full and formal membership of the Australian community’; that it is characterised by the possession of ‘reciprocal rights...
Journal article

Re Civilian Casualty Court Martial: prosecuting breaches of international humanitarian law using the Australian military justice system

Abstract: In Re Civilian Casualty Court Martial, disciplinary charges preferred against two Australian commandos accused of causing the deaths of five civilians during a night-time raid in Afghanistan were dismissed as being wrong in law. Despite the relevance of ‘war crimes’ under the Criminal Code (Cth) to their conduct, the charges preferred against the commandos...
Journal article

Mothers who kill: the forensic use and judicial reception of evidence of postnatal depression and other psychiatric disorders in Australian filicide cases

Abstract: This article examines Australian legal responses to filicide in circumstances where mothers have killed their young children. We consider the potential legal defences that may be raised where postnatal depression (‘PND’) and other psychiatric disorders are present in cases of filicide: insanity/mental impairment, diminished responsibility/ substantial impairment by abnormality of mind, and infanticide.
Journal article

Curing the authorless void: protecting computer-generated works following IceTV and Phone Directories

This article examines and evaluates three possible reform options to ensure copyright protection for computer-generated works. Abstract This article builds on the author’s recent article ‘The Vanishing Author in Computer- Generated Works: A Critical Analysis of Recent Australian Case Law’. That article explained how recent Australian case law has seriously undermined copyright protection for works...
Items: 37