Tort
deform or tort reform? Winding back the clock on negligence
by Clare Cappa, Craig Forrest, Russell Hinchy and Vernon Nase
This article considers the effects the so-called insurance crisis has had on the law of negligence. The authors consider the High Court's search for a principled approach to the law of negligence that ensures that the common law adequately reflects society's needs. The extent to which legislative intervention in Queensland has altered the common law is then considered and it is argued that such a response does not sufficiently take into account the High Court's more recent jurisprudence.
Effective, democratic, regulation and control of production, with investment directed towards social welfare rather than profit, could allow for improved conditions of health and safety at work, and safer, more efficient public transport systems.
Who pays for
evictions
by Michele Slatter
This article describes some of the
main findings of a recent study of bailiff-assisted housing evictions in South
Australia. It reflects on the changing role of the private rental market in
Australia, on the vulnerability of low-income tenants in that market and on
the various 'costs' of evictions.
An inequitable,
complex and inefficient taxation system
by Elfriede Sangkuhl
Some proposals for reform of the Australian tax system. A good tax system would promote equity, be cheap to administer, easy to understand and not lead to a gross distortion of resources. The Australian taxation system fails all of the above. This article attempts to put the discussion of taxation issues on the agenda for all academics, social reformers and members of the community. How a country taxes its citizens is a reflection of how a country values its citizens; therefore the discussion about taxation should be ongoing and wide ranging.
A
rebuttable presumption of joint custody: Research vs ideology in the battle
over our children
by Becky Batagol
The 2003 Parliamentary Inquiry into Child Custody Arrangements in the Event of a Family Separation is examining whether a rebuttable presumption of joint custody should be introduced into Australian law. This article notes that the Inquiry appears to be motivated by concerns to appease vocal fathers rights groups. It is argued that, based upon existing research, there is evidence that the presumption will be unworkable for many Australian families, is unlikely to be effective and may work against the best interests of many Australian children.
Affirmative
action, merit and police recruitment
by Margaret Thornton
Affirmative action measures, particularly the use of quotas, are contentious because they are assumed to contravene the merit principle. This piece challenges the assumption with reference to a proposal by Victoria Police that 50% of all new recruits should be women. It argues that the normativity of the white male police officer has shaped the construction of the 'best person'. The article includes an overview of affirmative action law in Australia.
Community
legal centres and pro bono work: For the public good?
by Mark Rix
This article examines the role of
Community Legal Centres (CLCs) in Australian society against the background
of the adoption by the Commonwealth Government of a New Public Management (NPM)
policy agenda. The article discusses and analyses the implications of the NPM
policy agenda for the integrity of CLCs and their relationship with government
and clients. It will also consider the implications for relationships between
government and citizenry. Finally, the article will discuss how the growth in
pro bono work, an integral part of the government's NPM agenda, has affected
these relationships.
The
judgement of the Tokyo Women's Tribunal - Its contribution to the development
of international law
by Tina Dolgopol
The holding of the Women's International
War Crimes Tribunal for the Trial of Japanese Military Sexual Slavery and the
judgment that emanated from it have made two equally important but distinct
contributions to international law. The rigorous legal analysis contained in
the judgment has the potential to influence the manner in which the ICC will
approach issues such as reparations and the definition of sexual slavery. The
effort of international civil society in organising and bringing to fruition
the Tribunal poses a challenge to the international community with respect to
the adequacy of its response to the needs and rights of victims and survivors
following mass violations of the laws of war.
Family
law: One size does not fit all
by Anna Byas
Recent research implies that the
current government proposal to introduce a rebuttable presumption of joint custody
is not justified. The resilience of the sexual division of labour, the diversity
in residence/contact arrangements and the complexities of emotional adjustment
to separation cannot be legislated away. Any legal orthodoxy that ignores the
apparent diversity and complexity is bound to incite more conflict in the family
law system, not less, and consequently, will not serve the best interests of
children.
China: Falling
in love with litigation
by Francis Regan
A report on the difficulties of reconstructing China's legal system.
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