Melbourne Law School - Research Publications

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    Twenty Years after the High Court's Wik Decision, How Does the 'Judicial Activism' Charge Stand Up?
    Josev, T (The Conversation Media Group, 2016)
    2016 marks 20 years since the High Court handed down the Wik Peoples v Queensland decision on the extent to which pastoral leases over land in Queensland extinguished native title. This year also marks the 20-year anniversary of the stoking of the judicial activism debate in Australia.
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    Turnbull's Asylum Seeker Ban Violates Australia's Human Rights Obligations
    Foster, M ( 2016)
    The Federal Government has taken its first steps towards banning asylum seekers and refugees who attempt to reach Australia by boat from ever entering the country.
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    Free Range Egg Labelling Scrambles the Message for Consumers
    Parker, C ; Carey, R ; Scrinis, G ( 2016-04-01)
    New standards for free-range eggs will limit stocking densities and mean hens must have access to outdoors. But the new definition of free range could still perpetuate confusion and controversy for consumers.
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    How to Pick an Ethically Raised Ham this Christmas
    Carey, R ; Parker, C ; Scrinis, G ( 2016)
    Increasing interest in animal welfare means there are a range of options for where your ham comes from this Christmas. We explain the animal welfare protections in four main production systems on supermarket shelves: conventional hams, sow stall free, free range and “outdoor bred, raised indoor on straw”.
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    False Labelling Hides the Truth About Superfoods
    Parker, C ; Curll, J ( 2016)
    Our recent research shows that Australia’s current food regulation system is not adequately protecting consumers from ‘food fraud’ – misleading or false statements made about a product for economic gain. We illustrate our argument by reference to overreaching health claims on superfood products.
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    Who Owns Your DNA?
    Greenbaum, D ; Gerstein, M (Elsevier BV, 2016-04)
    When you’re clipping your nails or having a haircut, do you think about who owns those samples of your genetic material? Perhaps you think it doesn’t really matter, or that because it comes from your body, you own it. In fact, legally, the answer is far more complex.
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    Cashflow is the "Lifeblood" of the Construction Industry: Has the High Court Applied a Tourniquet? Southern Han Breakfast Point Pty Ltd (in liq) v Lewence Construction Pty Ltd
    Bell, M (Melbourne Law School, 2016)
    The December solstice of 2016 was celebrated in diverse ways around the world. At Stonehenge, druids and pagans greeted the mid-winter dawn. In Australia, construction lawyers were digesting the first High Court judgment on the Building and Construction Industry Security of Payment Act 1999 (NSW): Southern Han Breakfast Point Pty Ltd (in liq) v Lewence Construction Pty Ltd [2016] HCA 52.