Vol 28(5) 2003 - Tort law in crisis

Editors for this issue: Cheryl Simpson and George Couvalis

Opinion: The rush to law reform in personal injuries

Pages: 209 to 260

Tort deform or tort reform? Winding back the clock on negligence

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.

Price: $8.80
Article

Tort law reform

Scott Mann

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.

Price: $8.80
Article

Who pays for evictions

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.

Price: $8.80
Article

An inequitable, complex and inefficient taxation system

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.

Price: $8.80
Article

A rebuttable presumption of joint custody: Research vs ideology in the battle over our children

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.

Price: $8.80
Article

Affirmative action, merit and police recruitment

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.

Price: $8.80
Article

Community legal centres and pro bono work: For the public good?

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 also considers the implications for relationships between government and citizenry. Finally, the article discusses how the growth in pro bono work, an integral part of the government's NPM agenda, has affected these relationships.

Price: $8.80
Article

The judgement of the Tokyo Women's Tribunal - Its contribution to the development of international law

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.

Price: $8.80
Article

Family law: One size does not fit all by Anna

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.

Price: $4.40
Brief

China: Falling in love with litigation

Francis Regan

A report on the difficulties of reconstructing China's legal system.

Price: $4.40
Brief
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