Melbourne Law School - Theses
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ItemNo Preview AvailableBail and legal aid in Victorian magistrates courts(University of Melbourne, 1986)
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ItemNo Preview AvailableDeveloping the constitution : a politico-legal essay(University of Melbourne, 1932?)
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ItemReinventing Indonesian foreign investment law : a rationale for reform(University of Melbourne, 1996)
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ItemReinventing Indonesian foreign investment law : a rationale for reform(University of Melbourne, 1996)
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ItemNo Preview AvailableProtest, public order and police power : a perspective of Queensland events 1977-1979(University of Melbourne, 1980)1. Public protest was prevalent in England prior to the extension of the franchise to citizens without property or position. Such protest helped to shape the English system of constitutional government. It was not contained by an adequate public order machinery but by the implementation of the criminal law relating to treason and unlawful assembly. 2. The Australian colonies inherited the English public order machinery and criminal law. The convict environs necessitated a military-style machinery and repressive criminal laws. Public protest was tolerated but much Irish activity was seen to be seditious. 3. With the advent of the motor car, police became traffic controllers as well as keepers of the peace. Thus, in regulating public protest, police had to have regard for the smooth flow of motor traffic and the preservation of the peace. Since 1966, public protest has been an integral and effective part of the Australian political process. The Vietnam war, the Springbok Rugby tour and the export of uranium have evoked public protest which has affected the formulation of government policy. Most jurisdictions have accorded citizens the right or general privilege to demonstrate; Queensland has not. 4. In Queensland, police retained the function of issuing or refusing permits for processions, meetings and other political activities on roads and footpaths. The government rejected submissions for tighter judicial supervision of this function from 1966 to 1969. Since then, police officers appear to have been influenced by government policy while exercising that function. The abolition of an applicant's right of appeal to a magistrate from a police officer who refused a permit led to a convergence of government and police policy relating to the refusal of permits for political activities in 1977; it may have contributed to government interference with the administration of the police force. 5. Conflict between the police and citizenry ensued; in the years 1977 to 1979, 1,972 arrests were made at demonstrations. In determining charges, the Magistrates' Courts applied law which was uncertain to facts which were inevitably disputed. Recourse to the superior courts was too tardy to assist the Magistrates' Courts in the application of law. When there was recourse, no clear, indisputable resolution of questions of law was forthcoming. Such a resolution would have spared the Magistrates' Courts prolonged involvement in cases of a political nature. 6. Legislative reforms providing the right to demonstrate, the proper exercise of police discretions and the vigilance of courts are required if "law and order" is to be a reality rather than a slogan in Queensland.
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ItemDocuments on securities and creditors rights(University of Melbourne, 1975)The materials herewith comprise examples of some forms of documents. They are to be used solely for the purposes of private study by students enrolled in the subject of Securities and Creditors Rights in the Faculty of Law in the University of Melbourne in 1975. They are not to be reproduced either wholly or. in part by any person except with written permission of Mr. A. J. Myers lecturer in the above mentioned subject.,
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ItemAudio-visual works co-produced in Australia and Canada : conflict of policy and of copyright theory(University of Melbourne, 1992)
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ItemProtecting privacy and confidentiality in the age of HIV(University of Melbourne, 1993)The thesis examines the extent to which Australian and New Zealand law provide private legal remedies for the unauthorised accessing, disclosure and use of personal information. The thesis emphasises some of the issues relating to privacy and confidentiality arising with respect to medical information, taking HIV/AIDS information as a frequent, and topical exemplar. This discussion is informed by the results of an empirical study into information privacy issues within HIV/AIDS health care contexts. However, the focus of the thesis is also broader, aiming to integrate these issues into a rationalisation of the law of privacy and confidence as it relates to personal information. The law impacting upon the protection of personal information has become increasingly complex, particularly in federal systems like Australia. This complexity is demonstrated within the medical information context, where the duties of health professionals are uneasily regulated by a complex web of legislation, superimposed upon an unsettled body of common law principles. Apart from sector-specific legislation regulating a narrow issue (e.g. computer trespass offences), and despite the apparent trend toward data protection legislation, the thesis reflects the view that the common law continues to be the backbone of the law of privacy and confidence, drawing from a range of legal actions for this purpose. The action for breach of confidence, as the dominant means of protection, deserves detailed discussion. Despite its usual application to trade secrets, recent developments point toward an evolving body of principles which accommodate the particular issues which the protection of sensitive, personal information, such as HIV status, raises. The limits of the duty of confidence, and more generally, law's protection of privacy interests in information, inevitably involves some balancing of privacy interests against well-recognised, competing interests such as freedom of speech. The uncertainty of the law in this area is particularly detrimental for health professionals. It is an uncertainty which reflects division of opinion over the limits for protection and control of information. Its legal resolution requires an appreciation not only of the force of competing public interests, but of other private duties, and of other remedies, particularly defamation, which also reflect a balancing of intangible, yet competing interests.
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ItemAn examination of Teutonic law( 1893)