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Research Units
Public Law & Policy Research Unit (PLPRU)
The Public Law & Policy Research Unit contributes an independent scholarly voice on issues of public law and policy vital to Australia's future. It provides expert analysis on government law and policy initiatives and judicial decisions and contributes to public debate through formulating its own law reform proposals.
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Litigation Law Unit (LLU)
LLU fosters scholarship that enhances the administration of justice in established and emerging common and civil law systems of litigation.
Research Unit on Military Law and Ethics (RUMLAE)
The Research Unit on Military Law and Ethics (RUMLAE) at the Adelaide Law School has been established to examine legal and policy issues relevant to military and security matters with a particular focus on ethical aspects relevant to the use of force.
Environmental and Natural Resources Law Research Unit (ENREL)
The Environmental and Natural Resources Law Research Unit brings together a diverse range of scholars working on issues of law and policy.
Research Unit for the Study of Society, Ethics & the Law (RUSSEL)
The Research Unit for the Study of Society, Ethics & the Law (RUSSEL) represents a diverse group of researchers all interested in the intersection of ethics, law and society.
Regulation of Corporations, Insolvency and Taxation (ROCIT)
Brings together a range of scholars working in areas critical to the promotion of a fair and prosperous society.
Work and Employment Regulation Research Unit (WER)
Our teaching, scholarship and professional activities are concerned with the many different ways in which arrangements for the performance of work (whether paid or unpaid) are constructed and controlled, both locally and globally.
Welcome to the 2019 annual report of the Research Unit for the Study of Society, Ethics and the Law (RUSSEL, previously the Research Unit for the Study of Society, Law and Religion (RUSSLR)). Full lists of our publications can be found on individual Researcher Profiles on the Law School website, a brief selection from 2019 is listed below.
Key Projects:
In 2019 RUSSEL joined with RUMLAE to present a short seminar series addressing the intersection between Law and Ethics (Ethics and the Law: Convergence and Divergence. This two seminar series took place in Adelaide and at the University of Bristol in the UK. Attracting esteemed local and international scholars the seminars represented a consideration of the important question of how, and when, ethics and the law intersect in two different frontiers: Military and Medical. A proposal for an edited collection is underway.
Public Engagement
The Director of RUSSEL, Associate Professor Bernadette Richards continues to make significant contribution in her appointment to 2 principal committees of the NHMRC (Embryo Licensing Committee and the Australian Health Ethics Committee). She was also honoured to be appointed as the Chair of the Mitochondrial Donation Expert Working Committee which was tasked with undertaking public consultation alongside completing an expert statement to be collated for consideration for the Commonwealth Minister for Health.
Associate Professor Richards also continued in her role as a member of the South Australian Prescribed Treatment Panel, supporting the Chief Psychiatrist in his review of the provision of ECT in the State.
Grants:
New:
Cornelia Koch, Design of blended learning tools and assessment to enable flipped classroom pedagogy in Comparative Constitutional Law, Faculty of the Professions Learning Development Grant 2019, $5,074.80 Cornelia Koch, Learning and Teaching Advancement Grant 2019, Various Activities to support development and innovation in learning and teaching, The University of Adelaide, $5000 Associate Prof Richards, Chief Investigator, NHMRC Ideas Grant, 'The algorithm will see you now: ethical, legal and social implications of adopting machine learning
Associate Professor Richards, Chief Investigator, Australian Research Council Discovery Grant, 'Support or Sales? Medical Device Representatives in Australian Hospitals' DP200100883, 2020 -
Continuing:
Associate Professor Richards, Chief Investigator, NHMRC Partnership Grant: Investigating the inclusion of vulnerable populations in Advance Care Planning: Developing complex and sensitive public policy, APP1133407 Partnership Project. 2017 -
Visiting Scholars:
Associate Professor Richards appointed as Adjunct of the Australian Centre for Health Law, QUT. Associate Professor Richards visiting scholar Bristol Centre for Health Law and Medicine.
Select Publications:
Books
Paul Babie and Jessica Viven-Wilksch (eds and trans), A Translation of Léon Duguit, Les transformations générales du droit privée depuis le code Napoléon, 2ème éd: the Social Obligation Norm of Property and its Contemporary Relevance (Springer, 2019) Kirchhoffer, D. G., & Richards, B. J. (Eds.) (2019). Beyond Autonomy Limits and Alternatives to Informed Consent in Research Ethics and Law. United Kingdom: Cambridge University Press.(2019)
Chapters in Books
Paul Babie, ‘Torrens System - Indefeasibility and Priorities’, Laws of Australia (ThomsonReuters Australia, 2019) in press. Sub-Title 28.3, The
Paul Babie and Jessica Viven-Wilksch, ‘The Social Function of Property in Comparative Property Theory: The Seminal Work of Léon Duguit’ in Paul Babie and Jessica Viven-Wilksch (eds and trans), A Translation of Léon Duguit, Les transformations générales du droit privée depuis le code Napoléon, 2ème éd: the Social Obligation Norm of Property and its Contemporary Relevance (Springer, 2019) Richards, B. (2019). Autonomy and the Law: Widely Used, Poorly Defined. In D. G. Kirchhoffer, & B. J. Richards (Eds.), Beyond Autonomy Limits and Alternatives to Informed Consent in Research Ethics and Law (pp. 17-32). Cambridge, United Kingdom: Cambridge University Press.
Articles
Paul Babie, ‘Property in Indian Water: A Future Transformed by Climate’ (2020) 15 Amity Law Review in press Paul Babie, Paul Leadbeter, and Kyriaco Nikias, ‘How Federalism Fails Water: A Comparative Constitutional Assessment of Water Allocation in California and South Australia’ (2020) 34 University of Oregon Journal of Environmental Law and Litigation in press Paul Babie, Peter Burdon, Francesca da Rimini, Cherie Metcalf, and Geir Stenseth, ‘The Idea of Property: A Comparative Assessment of Recent Empirical Research Methods’ (2019) 26 Indiana Journal of Global Legal Studies 401-436 Laura Grenfell, Cornelia Koch, 'Internship Courses for All? Supporting Students Undertaking Unpaid, University-Run Legal Internships' (2019) 44(3) Alternative Law Journal 226 (with Laura Grenfell), available at https:// doi.org/10.1177/1037969X19845688 Richards, B., & Wisdom, T. (2019). Re Carla: An Error in Judgment. QUT Law Review, 18(2). Jessica Viven-Wilksch, ‘Good Faith in Contracts: Australia at the Crossroads’, (2019) 1 Journal of Commonwealth Law 273
Editorial Boards
Australian Property Law Journal (LexisNexis) (2019-present) — Assistant Editor (by invitation)(P. Babie) Journal of Bioethical Inquiry (Springer)(2015-present) – Legal Editor
Public Law and Policy Research Unit (PLPRU)
Welcome to the Public Law and Policy Research Unit Report covering activities in 2019.
The Public Law and Policy Research Unit (PLPRU) has provided a supportive environment for research collaborations, submissions to government, and sharing ideas about public law since its informal beginnings in 2012 (PLPRU was formally recognised as a research unit in 2014).
Professor Alex Reilly, the inaugural director of PLPRU, departed this role in late 2019, although he will continue to be involved in PLPRU’s activities. Alex has been a wonderful leader of PLPRU, providing a strong foundation for PLPRU’s future. Dr Anna Olijnyk was Co-Director throughout 2019 and will be sole Director from 2020 onwards. Laura Grenfell and Lorne Neudorf will be Deputy Directors.
PUBLIC LAW AND POLICY RESEARCH UNIT ACTIVITIES:
Events Hosted
Workshop on the Australian Constitution and National Identity, 14 November 2019. This workshop brought together invited scholars of law, history and politics from around Australia. The workshop’s papers will form the basis of a collection edited by Anna Olijnyk and Alex Reilly. Public Law in the Classroom Workshop, 14 February 2019, University of New South Wales. Co-hosted by the Gilbert + Tobin Centre of Public Law, this workshop has become a highlight of the year for Australian public law teachers. Book launch: A Stolen Life: The Bruce Trevorrow Case by Toni Buti, 12 August. PLPRU continued to host its popular case discussions of recent High Court cases. This year, the events expanded to include members of the Australian Association of Constitutional Law, strengthening PLPRU’s connections with the legal profession. The following cases were discussed: Unions NSW (No 2): 15 March 2019 Clubb v Edwards: 29 April 2019 Spence v Queensland: 12 June 2019 Comcare v Banerji: 28 August 2019
Submissions to Parliamentary and Government inquiries
Submission to the Senate Standing Committee on Regulations and Ordinances Inquiry on Strengthening the Parliamentary Scrutiny of Delegated Legislation. The submission was cited multiple times by the Committee in its final report.
Public Law and Policy Research Unit (PLPRU)
Submission to the Legal and Constitutional Affairs Legislation Committee Inquiry into the Migration Amendment (Strengthening the Character Test) Bill 2019. The submission was cited by the Committee in its final report. Submission to the Legal and Constitutional Affairs References Committee Inquiry into Nationhood, National Identity and Democracy Submission to Commonwealth Department of Energy and Environment under the Environment Protection and Biodiversity Conversation Act 1999 (Cth) (Cosubmission with the Environment and Natural Resources Law Research Unit) Submission to the Joint Standing Committee on Migration Inquiry into Regional Migration (Alex Reilly with Mary Ann Kenny and Carolin Fleahy) Submission to the Royal Commission into Aged Care Quality and Safety (Laura Grenfell)
Grants
Faculty of Professions, Aim for the Stars Grant: $4000 Faculty of Professions, Aim for the Stars Indigenous Grant: $1830 (Stubbs, Reilly and Grenfell) Faculty of Professions, ARC Grant Support Funding $1500 (Lorne Neudorf) Faculty of Professions, Professional Development Grant $2500 (Lorne Neudorf) Adelaide Law School, ARC Support Grant $7000 (Anna Olijnyk) and $5000 (Lorne Neudorf).
Visiting Scholar activities by PLPRU members
Lorne Neudorf:
Visiting Scholar at the Australian National University, College of Law in connection with research on the federal parliamentary scrutiny of delegated legislation Visiting Scholar at Victoria University of Wellington, Faculty of Law in connection with research on the New Zealand parliamentary scrutiny of delegated legislation Visiting Professor at the University of Manitoba, Faculty of Law in connection with research on the Canadian parliamentary scrutiny of delegated legislation
Publications:
Judith Bannister, ‘Failure to Disclose: What are the Consequences When Open Government Founders’ in Greg Weeks and Matthew Groves (eds), Administrative Redress In and Out of the Courts: Essays in Honour of Robin Creyke and John McMillan (Federation Press, 2019)
Public Law and Policy Research Unit (PLPRU)
Judith Bannister, ‘Military Administrative Law System’ in Robin Creyke et al (eds), Military Law in Australia (Federation Press, 2019) Judith Bannister, ‘South Australian Administrative Law: 40 Years On’ (2019) 40(1) Adelaide Law Review 311
Peter D Burdon, ‘On the Limits of Political Emancipation and Legal Rights’ (2019) International Journal for the Semiotics of Law 1
Jeffrey Goldsworthy, ‘Against a Constitutional Bill of Rights in Australia’, in M Groves et al(eds), The Legal Protection of Rights in Australia (Hart Publishing, 2019) 393 Jeffrey Goldsworthy, ‘Responses’, in L Burton Crawford et al (eds), Law Under a Democratic Constitution; Essays in Honour of Jeffrey Goldsworthy (Hart Publishing, 2019) 269 Jeffrey Goldsworthy, ‘Subjective versus Objective Intentionalism in Legal Interpretation’ in H M Hurd, ed, Moral Puzzles and Legal Perplexities: Essays on the Influence of Larry Alexander (Cambridge University Press, 2019) 170 Jeffrey Goldsworthy, ‘The Real Standard Picture, and how Facts Make it Law; a Response to Mark Greenberg’ (2019) 64 The American Journal of Jurisprudence 163-211 Laura Grenfell, ‘Youth Treatments Orders Bill Highlights Ad Hoc Approach to Rights Scrutiny of Bills’ (2019) 41(4) Law Society Bulletin 36 Laura Grenfell, ‘Aged Care, Detention and OPCAT’ (2019) 25(2) Australian Journal of Human Rights 248 Joanna Howe and Alex Reilly (with Diane van den Broek and Chris F Wright), ‘Promarket Governance, Migration Status and Worker Vulnerability: The Case of Australian Horticulture’ (2019) Economic and Industrial Democracy 1 Joanna Howe and Alex Reilly (with CF Wright, D van den Broek and S Clibborn), ‘A Critical Examination of the Relationship between Labour Hire Intermediaries and Growers in the Australian Horticulture Industry’ (2019) 32 Australian Journal of Labour Law 83
Suzanne Le Mire and Gabrielle Appleby, ‘Ethical Infrastructure Judiciary’ (2019) 47(2) Federal Law Review 335 for a Modern
Suzanne Le Mire et al, ‘Contemporary Challenges Facing the Australian Judiciary: An Empirical Interruption’ (2019) 42(2) Melbourne University Law Review 299-369. Suzanne Le Mire, ‘Australia’s Legislatures and Its Courts: The Gender Identity Interpretive Challenge’ in Lorne Neudorf and Micah Rankin (eds) Legislating Statutory Interpretation: Perspectives from the Common Law World (Thomson Reuters, 2019)
Public Law and Policy Research Unit (PLPRU)
Lorne Neudorf (ed, with P Babie, V Arora and A Tomer), Comparative Reflections on the Constitutional Models of India and Australia (Bloomsbury, 2019) (Lorne Neudorf is author of two chapters in this volume as well as an editor) Lorne Neudorf (ed, with C Hunt and R Diab), Reflections on Animal Law special volume of the Canadian Journal of Comparative and Contemporary Law Lorne Neudorf, ‘Strengthening the Parliamentary Scrutiny of Delegated Legislation: Lessons from Australia’ (2019) 42(4) Canadian Parliamentary Review Lorne Neudorf, ‘Reassessing the Constitutional Foundation of Delegated Legislation in Canada’ (2019) 41(2) Dalhousie Law Journal 519 Anna Olijnyk, Justice and Efficiency in Mega-Litigation (Hart Publishing, 2019) Anna Olijnyk and Stephen McDonald, ‘The High Court’s Decision in Burns v Corbett: Consequences, and Ways Forward, for State Tribunals’ (2019) 95 AIAL Forum 10 Alex Reilly and Laura Grenfell, ed, 2019) Australian Public Law (Oxford University Press, 3 rd
Alex Reilly, ‘How the Next Australian Government can Balance Security and Compassion for Asylum Seekers’ in A Dunn and J Watson (Eds), Advancing Australia (Melbourne University Press, 2019) 78 Alex Reilly, ‘The Six Inch Fence’ (2019) Critical Studies on Security Alex Reilly et al, ‘Cultural Accommodation and the Policing of Aboriginal Communities: A Case Study of the Anangu Pitjantjatjara Yankunytjatjara Lands’ (2019) Australian and New Zealand Journal of Criminology Matthew Stubbs, ‘Protecting Judicial Independence and the Rule of Law: Dixon’s Chapter III Legacy’ in John Eldridge and Timothy Pilkington, Sir Owen Dixon’s Legacy (Federation Press, 2019) 80 Matthew Stubbs and Adam Webster, ‘Disclosure, Not Disqualification: A Democratic Proposal to Promote the Fidelity of Elected Representatives to the People’ (2019) 30(3) Public Law Review 190-210
Selected Conference Presentations and External Seminars by Members:
Laura Grenfell, “OPCAT and Aged Care” (Invited Speaker), Summit on People living with Dementia, Aged Care and Human Rights, UTS Jeffrey Goldsworthy, ‘Legislative Intentions in Antonin Scalia’s and Bryan Garner’s Textualism’ (invited paper), “Original Constitutionalist: Reconstructing Richard Kay’s Scholarship; An International Conference in Honor of Professor Richard Kay”, University of Connecticut School of Law, Hartford
Public Law and Policy Research Unit (PLPRU)
Jeffrey Goldsworthy, ‘Engineers and Interpretive Methodology” (invited paper), “Constitutional Law Conference 2019’, Centre for Comparative Constitutional Studies, Melbourne Law School Geoff Lindell and Stephen McDonald contributed papers to the Symposium to honour the late Emeritus Professor Leslie Zines: Key Issues in Australian Federal Constitutional Law, Australian National University, Canberra Lorne Neudorf, ‘Strengthening Transparency and Accountability: Lessons from the Parliamentary Scrutiny of Delegated Legislation in Canada and the UK’ research seminar given at the Australian National University, Canberra Lorne Neudorf, ‘Legislating with Integrity? Comparative Reflections on the Parliamentary Scrutiny of Delegated Legislation’ research seminar given at the University of Manitoba, Faculty of Law Lorne Neudorf, ‘Delegated Lawmaking in Australia, Canada and the United Kingdom’ research seminar given at Victoria University of Wellington, Faculty of Law Anna Olijnyk, ‘The High Court’s Decision in Burns v Corbett’, Australian Institute of Administrative Law Seminar, Canberra Alex Reilly, ‘Refugee Protection in the 21 st Century’ Raising the Bar Research Presentation, Adelaide Alex Reilly, ‘The Exploitation of Migrant Workers: Regulatory Gaps’, Symposium on Human Trafficking and Modern Slavery in South Australia Forum, Flinders University, Adelaide Alex Reilly, ‘In Conversation’ event (for The Conversation), Adelaide
Selected Media Engagements by Members:
Alex Reilly, ABC Radio National ‘PM’ program (on children in detention) Alex Reilly, The Wire radio program, Sydney (on Australian migration policy) Alex Reilly, Radio Adelaide (on the Medevac Law) Alex Reilly, ABC News Tonight (on the law on wage theft)
Litigation Law Unit (LLU) Report Research Units
Welcome to the Litigation Law Unit (LLU) Research Report covering activities in 2019.
Publication of articles in the International Journal of Evidence and Proof; the Peking University Law Journal; Frontiers in Psychology and Forensic Science International: Genetics.
Hosting two renowned scholars in Adelaide, Professor Edward J. Imwinkelried (UC Davis) and Professor Alex Biedermann (University of Lausanne). Both Ed and Alex gave presentations to industry (law and science audience) on behalf of the LLU during their visits, contributed to ongoing grants held by the LLU and engaged in workshops with LLB students. Concluding the agreement of an MOU between the University of Adelaide and the University of Lausanne for the establishment of a new joint research unit: the Interdisciplinary Proof and Decision Science unit.
Presentation of the following conference papers:
‘Excuse me, a word if you please: a Trustee’s Guide to Section 81 of the Australian Bankruptcy Act’, Insolvency Forum, University of Adelaide, Australia, June 2018 ‘The Pursuit of Evidence by Private Actors and Reasonable Expectations’, 3rd International Symposium on Sino Swiss Evidence Science, Hangzhou, China, June 2018
‘Expert Evidence at Common Law’, 3rd International Symposium on Sino Swiss Evidence Science, Pre-Conference, Hangzhou, China, June 2018
Research Unit on Military Law and Ethics (RUMLAE) at the Adelaide Law School has been established to examine legal and policy issues relevant to military and security matters with a particular focus on ethical aspects relevant to the use of force.
Overview of Activities:
Papers presented at the Prof Ivan Shearer Memorial Workshop – UniSA (Dec 2019, Adelaide) (Prof Dale Stephens, Associate Professor Matthew Stubbs, Dr Stacey Henderson) Panel representation at the ‘Journalists and the Law of Armed Conflict’ Seminar – Australian Red Cross (Dec 2019, Adelaide) (Prof Dale Stephens, Dr Stacey Henderson) Moon Agreement Workshop (Nov 2019, Sydney) (Dr Stacey Henderson, Mr Duncan Blake, Mr Joel Lisk) Woomera Manual Workshop/Editorial meetings in Japan, The Netherlands, USA (February, August and Nov 2019) (Prof Dale Stephens, Prof Melissa de Zwart, Assoc Prof Matthew Stubbs, Dr Stacey Henderson, Mr Duncan Blake) National Security Law and Technology, LLM Course, (Nov 2019, Adelaide) (Prof Melissa de Zwart, Mr Renn Gade, Prof Harvey Rishikof) Launch of the ‘Law of Naval Warfare’ Book (Edited by Prof Dale Stephens and Assoc. Prof Matthew Stubbs) by the Chief of Navy, Vice Admiral Michael Noonan AO, RAN (Nov 2019, Canberra) (Prof Dale Stephens, Assoc Prof Matthew Stubbs) Paper presented at Global Alliance Conference on Post-Traumatic Stress (Nov 2019) (Ms Kellie Toole, Dr Elaine Waddell). Papers presented on Space Law, International Astronautical Congress (Oct 2019, Washington DC) (Dr Stacey Henderson, Mr Joel Lisk) Paper presented on Military Space Operations at American Branch ILA Conference (‘The Resilience of International Law’) (Oct 2019, NYC, USA) (Prof Dale Stephens) Public lecture on Military Service and Criminal Offending (Oct 2019, Adelaide) (Ms Kellie Toole & Dr Elaine Waddell) Space Security Index Publication 2019 (Oct 2019) (Prof Melissa de Zwart, Prof Dale Stephens and six Adelaide Uni UG students)
Ethics & the Law: Convergence & Divergence joint workshop with RUSSEL (October 2019, Adelaide) (Prof Dale Stephens, Prof Melissa de Zwart, Assoc Prof Matthew Stubbs, Dr Stacey Henderson, Mr Duncan Blake) Women in Space events (Sept 2019, Adelaide) (Prof Melissa de Zwart, Dr Stacey Henderson): Hamilton Space School mentoring event, Women in Space Industry Networking Event, Women in Space Symposium ANGELS Website Launch (Sept 2019, Adelaide) (Prof Melissa de Zwart, Mr Duncan Blake) Australian Red Cross 70th Anniversary of the Geneva Conventions Presentation/ Panel (Aug 2019, Adelaide) (Prof Dale Stephens, Prof Melissa de Zwart) ICRC and Adelaide Law School Clinic on IHL Program (Aug 2019, Adelaide) (Dr Stacey Henderson) ANZSIL Annual Conference Space Law Panel (July 2019, Canberra) (Prof Melissa de Zwart, Dr Stacey Henderson, Mr Joel Lisk, Mr Duncan Blake) ANZSIL International Peace and Security Group Workshop (June 2019, Adelaide) (Dr Stacey Henderson, Assoc Prof Matthew Stubbs) Strategic Space Law Masters Course (June 2019, Adelaide) (Prof Dale Stephens, Prof Melissa de Zwart, Prof Jack Beard (University of Nebraska), Dr Matthew Stubbs, Dr Stacey Henderson, Mr Duncan Blake) Papers presented at ‘Law and Governance’ Workshop, Smart Sat CRC (May 2019, Adelaide) (Prof Melissa de Zwart, Prof Dale Stephens, Assoc. Prof Matthew Stubbs and Dr Stacey Henderson) Space Security Index Working Group Meeting and Presentation (May 2019, Montreal, Canada) (Dr Stacey Henderson) Interplanetary Initiative Workshop – Arizona State University (April 2019, USA) (Prof Melissa de Zwart, Prof Dale Stephens) Paper presented ‘Legal Grey Zones: Outer Space: Legal Resilience in an Era of Hybrid Threats’ (April 2019, Exeter University, UK) (Prof Melissa de Zwart) Key Projects: Woomera Manual on The International Law of Military Space Operations, Space Security Index, Manfred Lachs Space Law Moot, The ADF and Criminal Justice System, Space Law and the Domestic Regulatory System, Information Warfare and the Law of Armed Conflict, the Law of Naval Warfare, ANGELS Project. Grants: Law Society of SA ($100,000) – Space Law Domestic Regulation (ANGELS project).
Keynote Presentations:
Prof Melissa de Zwart: ASPI Space Policy Masterclass (Dec 2019, Canberra) Prof Dale Stephens: ‘Leadership: Challenges and Resilience’ Australian Tax Office Leadership Seminar (Nov 2019, Adelaide) Professor Melissa de Zwart: ‘Forming and Storming International Law: The Boundaries of International Law in New and Emerging Areas’, Ninth International Law Colloquium, Attorney-General’s Department (Nov 2019, Canberra) Prof Melissa de Zwart ‘From Star Wars to Space Command: Peace and Conflict in the Final Frontier’ Red Cross Oration (Oct 2019, Tasmania) Prof Dale Stephens: ‘Space Law and Military Operations’ – UK RAF Legal Conference, RAF Halton (Sept 2019, Buckinghamshire UK) Assoc. Prof Matthew Stubbs ‘The Constitution in Space’, National Archives (Aug 2019, Canberra) Assoc Prof Matthew Stubbs 'Laws for the Final Frontier' (Aug 2019, ‘Raising the Bar’, Adelaide) Prof Dale Stephens, ‘Space Law on the Couch’ SA Attorney General Dept workshop, (July 2019, Adelaide) Assoc Prof Matthew Stubbs 'Rethinking 'Responsibility' for Non-State Actors in Outer Space' (June 2019, Adelaide Law School Research Seminar) Brigadier General Susan Escallier (US Army) ‘Future Wars: Legally Acceptable Development and Implementation of AI and Emerging Technologies’ (May 2019, Adelaide) Dr Colette Langos ‘Australian Defence Procurement Law’, George University (Feb 2019, Washington DC, USA) Washington
Assoc. Prof Matthew Stubbs, ‘Space Law and Human Rights’ Stanford University (Jan 2019, USA) Prof Melissa de Zwart ‘What Upgrades to Existing Legal Understandings or New Agreements Might Make These Actions Less Likely’ ABA/ NPEC Law and Policy Workshop: Defending America’s Place in Space: Future Threats and Rules (Jan 2019, Washington DC, USA)
The Environmental and Natural Resources Law Research Unit brings together a diverse range of scholars working on issues of law and policy relating to the environment, land use planning, heritage protection, human rights, sustainability, climate change, and energy and natural resources. ENREL provides independent perspectives on law and policy issues relating to the environment, land use planning, heritage protection, human rights, sustainability, climate change, and energy and natural resources. The Research Unit is committed to active community engagement and hosts public seminars, workshops and conferences related to our areas of expertise. We draw on the rich background of our experts to develop innovative scholarship, analyse and critique existing and prospective law and policy, and contribute to debate by formulating and promoting law reform initiatives. The research of our scholars is of state, national and international importance, as demonstrated by our collaboration with scholars, presentations and publications. Key Projects: Peter Burdon was lead editor (with Klaus Bosselmann, University of Auckland, and Kirsten Engel, University of Arizona) and contributor to a Festschrift for Ron Engel, one of the drafters of the Earth Charter. The book is The Crisis in Global Ethics and the Future of Global Governance Fulfilling the Promise of the Earth Charter (Edward Elgar, 2019). Michelle Lim, contributing author to the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES) (2019) ‘Global Assessment’, https://www.ipbes.net/deliverables/2c-global-assessment. Nengye Liu is a Chief Investigator for the project "Geopolitical Change and the Antarctic Treaty System", with Prof Marcus Haward (University of Tasmania), A/Prof Jeffery McGee (University of Tasmania), Prof Timothy Stephens (University of Sydney), Prof Shirley Scott (UNSW Canberra) and Dr Anthony Press (University of Tasmania), for the years 2019 – 2021, funded by an Australian Research Council Discovery Grant ($466,000). Nengye Liu is Chief Investigator for the project "The Rise of China and the Future of Antarctic Governance", 2019, funded by the Strategic Policy Grants Program, Australian Department of Defence ($28,541.80). Alex Wawryk published an article with Professor Tina Hunter (University of Aberdeen) on the proposed exploration for oil in the Great Australian Bight off the coast of SA, “Risk and Regulation of Oil Drilling in the Great Australian Bight” (2019) 34(6) Australian Environment Review 110.
Submissions:
“Planning for the future of SA’s Pastoral Rangelands”, to the SA Government Review of the Pastoral Lands Management Act 1989 (SA), written by Margaret Castles, Paul Leadbeter, and Michelle Lim, together with a number of other University of Adelaide academics, the Iga Warta Homelands Abori ginal Corporation and student researchers.
ENREL submitted comments on two referrals to the Minister for the Environment under the Environment Protection and Biodiversity Conservation Act 1999 (Cth), written by Alex Wawryk and Peter Burdon: on June 2019, regarding the Proposed Tailings Storage Facility No.6 (TSF 6) by BHP Billiton for the Olympic Dam Mine, and on December 2019, regarding the proposed Olympic Dam mine expansion.
Grants:
Michelle Lim, Barbara Kidman Fellowship, ‘Nature’s Contribution to People and South Australian Biodiversity Law and Policy’ ($29,916). Nengye Liu & Michelle Lim, National Science Week SA Community Grant (organize a Workshop “Saving Biodiversity through Transformative Changes” during National Science Week) ($2,000).
Visiting Scholars:
Dr Yingqin Zheng, Research Fellow, Shanghai Institute of International Studies, China, 6 – 15 December 2019. Prof Tianbao QIN, Director, Research Institute of Environmental Law/Vice Dean, School of Law, Wuhan University, China, 29 April – 3 May 2019.
Presentations:
Peter Burdon, "A Critique of Environmental Rights", invited presentation, Melbourne Universities Legal Theory Workshop, 2019. Paul Leadbeter, invited presentations at Public Forums at Norwood Town Hall, Prospect and Box Factory Community Centre, in July, August, September and October 2019, on the impacts of new planning laws on heritage places in South Australia, at the request of the National Trust of SA, the Protect Our Heritage Alliance, and the Shadow Minister for Planning, The Honourable Tony Piccolo MP. Michelle Lim, ‘Unprecedented Global Biodiversity Decline – What Does This Mean for the Economy, Agriculture and Human Well-being?’ (Invited seminar jointly organised by the South Australian Branch of the Australasian Agricultural and Resource Economics Society (AARES) and the University of Adelaide’s Centre for Global Food and Resources, University of Adelaide, 8 July 2019). Nengye Liu, invited presentation, “The Future of the Polar Regions in the Shadow of US-China Competition”, Long US-China Institute/Centre for Globalization, Law and Society, University of California Irvine, United States, 4 November 2019. Alex Wawryk, “The Rule of Law and Market-based Schemes to Encourage Renewable Energy and Energy Efficiency: The Australian Experience”, presented to the 16th Asian Law Institute Conference, Singapore, 12 June 2019.
Legal advice and assistance:
Peter Burdon ran seven workshops on protest law and environmental activism for NGOs, including Conservation Sa, and Extinction Rebellion. Paul Leadbeter gave legal advice and assistance to Iga Warta Homelands Aboriginal Corporation, on changing the terms of the Mt Serle Pastoral lease to enable the growing of indigenous vegetation for the purposes of creating sustainable environmental benefit credits.
Community Boards:
ENREL scholars contribute to the community through their membership of the Boards of NGOs. These include: Paul Leadbeter, Council Member of the National Trust of Australia; Michelle Lim, Board of the National Environmental Law Association; and Alex Wawryk, Chairperson of Board of Management, Environmental Defenders Office (SA).
Editorial Boards:
ENREL scholars contribute to research through their membership of Editorial Boards, for example, Paul Babie, Assistant Editor of the Australian Property Law Journal (LexisNexis), Michelle Lim is on the Editorial Board of the Australian Environment Review and is Book Review Editor of the Oxford Yearbook of International Environmental Law; Alex Wawryk is Editor of the Australian Resources and Energy Law Journal, and Associate Editor of Oil, Gas and Energy Law (online).
The Work and Employment Regulation Research Group at the Adelaide Law School is concerned with the legal rules and other forms of regulation that govern eligibility to perform work, the conduct of individual and collective work relations, and the operation of the labour market. During 2019, the group did not organise any formal activities. But members of the group were involved in various research projects. Among other things, Rosemary Owens, Andrew Stewart, Anne Hewitt and Joanna Howe continued their worldleading research on the regulation of internships by convening an interdisciplinary symposium in July 2019 which the International Labour Organization (ILO) hosted in Geneva and which brought together established and emerging scholars from around the globe. They also organised a workshop in November, held in Adelaide, to disseminate and discuss preliminary results from their ARC-funded research (DP on the regulation of work experience by Australian universities. More than 20 institutions sent representatives.
Other highlights for the year included:
The publication of Towards a Durable Future: Tackling Labour Challenges in the Australian Horticulture Industry, a major report commissioned by (among others) VegetablesWA and co-authored by Joanna Howe and Alex Reilly; Andrew Stewart’s involvement in the design, conduct and analysis of results from Australia’s first major survey on participation in digital platform work, as part of the so-called “gig economy” (see McDonald et al, Digital Platform Work in Australia: Preliminary Findings from a National Survey, published by the Victorian Government in June 2019); The publication of articles by group members in a range of high-ranked journals, including the University of New South Wales Law Journal, the Industrial Law Journal, the Australian Journal of Labour Law and the American Journal of Comparative Law.
ROCIT continues to do the research that it has become internationally and domestically known for. The following is just a snippet of the busy year. Dr Beth Nosworthy presented at the Corporate Law Teachers Association in Auckland on the corporate governance of distressed firms, to the professional body ARITA on research into directors and Deeds of Company Arrangements (DOCAs), a John Bray Law Alumni Network CPD session on board responsibility for corporate culture. Much of this work has been published or is about to be and she also finalised the second edition of her co-authored text Contemporary Australian Corporate Law. ROCIT works alongside other researchers to convene conferences and in 2019 through the work of Associate Professor David Brown co-convened, with the Ross Parsons Centre at the University of Sydney a Personal Property Securities Law Roundtable in Sydney. Earlier in 2019, ROCIT co-hosted a Corporate Governance Conference with Singapore Management University and the Singapore Academy of Law. At these events ROCIT researchers presented papers on Purchase Money Security Interests (PMSI) and refinancing (Brown), the components of corporate governance for financially distressed companies (Nosworthy & Symes) and the use of AI on corporate governance (Professor Suzanne Le Mire). Such conferences are attended by leading specialists drawn from academia, the judiciary, government, legal and accounting practice, and the commercial sector and ROCIT enjoys an enviable reputation in these audiences. Dr Sylvia Villios has for a number of years hosted the ROCIT University of Adelaide Annual Tax Day. In 2019 this was again a very successful event in terms of attendees who are predominantly tax practitioners and the quality of the presentations. The event also provides an opportunity for Sylvia’s higher degree research students to present and convene sessions. Other ROCIT activities mirror this such as the similar event for bankruptcy trustees each year organized by Professor Christopher Symes. Dr Franc DeZwart has joined other members of ROCIT as a PhD supervisor and is supervising research comparing the mortgage industry regulation in Australia, Canada, the United Kingdom and the United States. Professors Symes and LeMire were delighted to attend the graduation of the PhD student Dr Aida Abdul Razak who’s research was a comparative study of corporate manslaughter and the attempts to reduce work-related deaths using legislation.
Co-director of ROCIT, Professor Christopher Symes was Visiting Professor, Singapore Management University, Singapore, he presented at the Future Professions Conference held by Griffith University and at the INSOL Academics Colloquium held in Singapore. Amongst other presentations he spoke at the Australian Restructuring and Insolvency Turnaround Association Annual Conference and presented the UN Day Lecture in the Federal Court of Australia on his reflections on 25 years of UNCITRAL and the Model Law on Cross Border Insolvency. It was a great year for publications by ROCIT staff including texts such as Symes, C Brown D and Lombard S, Australian Insolvency Law 4th ed (LexisNexis, Sydney) 2019, book chapters such as Symes C and Murray M, ‘Australian corporate insolvency and its practitioners: the past, present and the future’ in Professional Futures: Challenges and opportunities for 21st century professions (Griffith, Brisbane) 2019 and many articles including Nosworthy B and Symes C, ‘The Good Place or the Bad Place: The Position of Directors during a Deed of Company Arrangement’ (2019) 26 Insolvency Law Journal 191-202, Le Mire, S M and McDonald, M S ‘Independence in Practice: Superannuation Fund Governance Through the Eyes of Fund Directors’ (2019) 42(1) University of New South Wales Law Journal 300-334; Villios, S. ‘Digitalisation and future tax policy design’(2019) 5 (5&6) Australian Tax Law Bulletin 83-86 and de Zwart, F ‘Enhancing Firm Sustainability Through Governance Part 2: The Framework of the Relational Corporate Governance Approach’ (2019) 34 Australian Journal of Corporate Law 27 -57.
