Melbourne Law School - Research Publications
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ItemGovernment control of royal assent in Victoria( 2006)The giving of royal assent to proposed laws was the centre of a controversy in Victoria in 2005. These events directed fresh attention to the power of the Queen's representative, the Governor, and of the Victorian Government, over Bills that have passed both Houses of Parliament but not yet become law. This article comments on the legal basis of royal assent and the question of whether the government can advise the Governor to withhold assent to a Bill that has passed both Houses.
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ItemBlocking supply in Victoria( 2002)In Australian parliaments, the power to block supply (where it survives) is the ultimate weapon of an upper house majority that wants to force the Government to call an election. Its effect is to cut off the Government authority to continue the part of its spending that Parliament must authorise afresh each year. This article comments on the distinctive law and history concerning supply deadlocks in Victoria, where the upper house has blocked supply more often than in any other Australian parliament.
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ItemThe Victorian government and the jurisdiction of the Supreme Court( 1996)In the mid-1990s, controversy erupted over the number of acts of parliament that were reducing the jurisdiction of the Supreme Court of Victoria. This article analyses the legislation that led to this controversy, the significance of Victoria distinctive constitutional entrenchment of Supreme Court jurisdiction, and other aspects of the constitutional position of the Supreme Court.
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ItemAustralian Constitutional Convention 1973-1985: a guide to the archives(Centre for Comparative Constitutional Studies, The University of Melbourne, 1998)Introduction to the collection: This collection provides researchers with records of the activities and achievements of the Australian Constitutional Convention (ACC) 1973-85, and the Australian Constitutional Convention Council which carried the Convention's work into the early 1990s. The collection also includes files dating from 1972 to 1973 recording preparations for the first Convention, and historical documents from the nineteenth century onwards relevant to the Australian Constitution and its review. The Convention met six times between 1973 and 1985. These plenary sessions were attended by delegates from Commonwealth, State and Territory Parliaments, local government representatives, and observers from the general public. Between these meetings, an energetic Chief Executive Officer, Secretariat, and various committees and consultants continued the research and deliberations of the Convention, and planned the next plenary session. Some of the State, Territory and Commonwealth delegations held separate meetings and circulated their own briefing notes as a Convention approached. The work and achievements of the Convention, and the context in which it operated, are set out further in the Historical Overview (pp. ). Records accumulated by the Convention Secretariat form the bulk of this collection. Over 500 files house records such as correspondence, submissions, minutes, working papers and reports. There are also bound volumes, audiotapes, videocassettes, photographs and other items. The collection includes records of attendance, debates and decisions at the plenary sessions, such as signed rolls of delegates and printed proceedings; and records of meetings of committees during the intervening months and years. Many of the files in the collection were compiled by Chief Executive Officer John Finemore, one of his assistants, or one of the research officers connected with the Secretariat. As the Secretariat was located in Melbourne, records of associated people such as secretaries to the Victorian Delegation have found their way into the collection, as has a set of files originally belonging to Victoria's A.R.B. McDonnell (Clerk of the Parliaments and Clerk of the Legislative Council) who became one of the clerks to the Convention. Although this collection is very extensive, it does not include all relevant records. Some related records are held at the Australian Archives (see pp. ). Researchers might also wish to consult State and Territory archives offices regarding any other records connected with the work of the ACC and delegations, and/or the Australian Constitutional Convention Council. The custodian of this collection is the Centre for Comparative Constitutional Studies (CCCS), at The University of Melbourne, and the collection is housed in the John Finemore Room in the University of Melbourne Law Library. Information about access to the collection is available at http://www.law.unimelb.edu.au/lrc/pub/rarebooks/finemore.cfm John Finemore's hand is evident throughout this collection. As Chief Executive Officer, he became the Convention's main spokesperson and point of contact. He corresponded with committee members, delegates and members of the public, oversaw the compilation of reference material and encouraged research. The richness of the ACC collection, and its survival, is largely attributable to John Finemore.
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ItemJoint venture: North American emigrant possessing skills not readily available in Australia, family reunion immigrant, or native-born Australian unrelated to foreigners of the same name?( 1984)A comparison of joint ventures and partnership concludes that while a joint venture can be distinguished from partnership in the United States and Scotland this is not so in Australia where “joint venture” is merely a fancy pretentious alternative (and needless) variant of “partnership”.