Monash University Law Review最新文献_第5页

Abortion and Conscientious Objection: The New Battleground 堕胎和良心反对:新的战场

Monash University Law Review Pub Date : 2012-07-10 DOI: 10.2139/SSRN.2262139

A. O'Rourke, L. Crespigny, A. Pyman

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引用次数: 9

Peer assisted learning, skills development and Generation Y : a case study of a first year undergraduate law unit 同伴辅助学习，技能发展和Y一代:一年级本科法律单元的案例研究

Monash University Law Review Pub Date : 2012-01-01 DOI: 10.26180/5DB80006ED9F8

T. Carver

引用次数: 5

Lawyers' Views of Decision-Making in Child Protection Matters: The Tension between Adversarialism and Collaborative Approaches 律师对儿童保护事务决策的看法:对抗与合作之间的张力

Monash University Law Review Pub Date : 2012-01-01 DOI: 10.26180/5DB8010FEE888

T. Walsh, H. Douglas

{"title":"Lawyers' Views of Decision-Making in Child Protection Matters: The Tension between Adversarialism and Collaborative Approaches","authors":"T. Walsh, H. Douglas","doi":"10.26180/5DB8010FEE888","DOIUrl":"https://doi.org/10.26180/5DB8010FEE888","url":null,"abstract":"Outcomes in child protection cases impact substantially on children and families. Decisions in child protection matters must, therefore, be made with due caution and sensitivity. In order for the best outcomes to be achieved for children and their families, research suggests that decisions should be made collaboratively, and proceedings should be less adversarial in nature. At the same time procedural rules should be rigorously adhered to when decisions of a serious nature are being made, particularly where State interference in individuals.' lives has occurred or is being contemplated. Thus, there is a tension in the child protection context between the use of informal dispute resolution methods, and the need to safeguard the rights of children and families. This tension is explored in this paper, with particular reference to the principles of natural justice and the rules of evidence. The discussion is informed by empirical research undertaken with child protection lawyers in Queensland. The authors conclude with some suggestions for reform which reflect the ideal of collaboration without compromising the need for procedural fairness.","PeriodicalId":44672,"journal":{"name":"Monash University Law Review","volume":"5 1","pages":"181-211"},"PeriodicalIF":0.0,"publicationDate":"2012-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80096473","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 4

'Trading or financial corporations' under section 51(xx) of the constitution: A multifactorial approach 《宪法》第51(xx)条规定的“贸易或金融公司”:多因素方法

Monash University Law Review Pub Date : 2012-01-01 DOI: 10.26180/5DB7FFA55D8A0

Christopher Tran

引用次数: 1

Refusing to Process Voluminous Requests: Contrary to the Spirit of Freedom of Information? 拒绝处理大量请求:违背信息自由精神?

Monash University Law Review Pub Date : 2011-08-14 DOI: 10.26180/5DB7FFDD3DB16

Bruce Chen

引用次数: 0

Capacity in Victorian Guardianship Law: Options for Reform 维多利亚监护法中的行为能力:改革的选择

Monash University Law Review Pub Date : 2011-01-01 DOI: 10.26180/5DB7FDDA56E6D

J. Chesterman

引用次数: 5

Inside running: Internal complaints management practice and regulation in the legal profession 内部运行:法律行业内部投诉管理实践与规范

Monash University Law Review Pub Date : 2011-01-01 DOI: 10.26180/5DB7FE1FF3435

C. Parker, L. Haller

{"title":"Inside running: Internal complaints management practice and regulation in the legal profession","authors":"C. Parker, L. Haller","doi":"10.26180/5DB7FE1FF3435","DOIUrl":"https://doi.org/10.26180/5DB7FE1FF3435","url":null,"abstract":"This paper examines what makes for good complaints management in legal practice, how law firms are faring at complaints management, and the role of a regulator in encouraging implementation of effective complaints management. The first part of the paper argues that it can be important from the point of view of clients, legal practices and regulators for legal practices to implement internal complaints management practices. The second part of the paper considers the potential possibilities and problems when regulators attempt to mandate internal complaints management by legal practices. We examine a recent initiative by the Queensland regulator to ask lawyers to complete a survey on complaints management systems. We argue that this approach - of promoting awareness of, discussion about, and commitment to good complaints management inside legal practices, but without mandating any particular system - is a promising model that other jurisdictions should consider closely. The third part of the paper examines what good complaints management involves in principle, and the perceptions, attitudes and practices of legal and non-legal staff in relation to complaints management, using the results from the Queensland survey.","PeriodicalId":44672,"journal":{"name":"Monash University Law Review","volume":"137 1","pages":"217-249"},"PeriodicalIF":0.0,"publicationDate":"2011-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82624252","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 4

Opportunities for New Approaches to Judging in a Conventional Context: Attitudes, Skills and Practices 在传统环境下新评判方法的机遇:态度、技能和实践

Monash University Law Review Pub Date : 2011-01-01 DOI: 10.26180/5DB7FE5760A8F

K. Mack, S. Anleu

{"title":"Opportunities for New Approaches to Judging in a Conventional Context: Attitudes, Skills and Practices","authors":"K. Mack, S. Anleu","doi":"10.26180/5DB7FE5760A8F","DOIUrl":"https://doi.org/10.26180/5DB7FE5760A8F","url":null,"abstract":"In Australia, magistrates and their courts have undertaken steps to make the disposition of cases more appropriate and more sensitive to the varied needs of defendants. One development is more engaged approaches to judging, which entails direct judicial interaction with court users, requiring judicial communication skills and perhaps greater emotional capacities such as empathy. Careful analysis of empirical evidence of judicial attitudes and practices in court identifies important links between conventional judging values, skills and actions and some elements of the newer forms of judging. This research identifies magistrates’ commitment to core judicial values such as impartiality, their views about skills and practices associated with more engaged judging, such as listening and empathy and their orientation to the social value of their work. The article then examines in-court behaviours, including the demeanours magistrates display towards defendants and the circumstances in which they look at and speak directly to defendants. The findings suggest apparent tensions between legitimacy based on a conventional judicial role in an adversary process and the legitimacy of more engaged, active judging. This research finds ways in which values and practices of less-adversarial judging can be incorporated within a relatively conventional understanding and performance of the judicial role.","PeriodicalId":44672,"journal":{"name":"Monash University Law Review","volume":"2016 1","pages":"187"},"PeriodicalIF":0.0,"publicationDate":"2011-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73653522","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 23

Five Reasons Why Judges Should Conduct Settlement Conferences 法官应该召开和解会议的五个理由

Monash University Law Review Pub Date : 2011-01-01 DOI: 10.2139/SSRN.2125727

Tania Sourdin

引用次数: 4

A Right to Birth Registration in the Victorian Charter? - Seek and You Shall Not Find 《维多利亚宪章》中的出生登记权?寻找，却找不到

Monash University Law Review Pub Date : 2011-01-01 DOI: 10.2139/SSRN.2148827

A. Gargett, P. Gerber, M. Castan

{"title":"A Right to Birth Registration in the Victorian Charter? - Seek and You Shall Not Find","authors":"A. Gargett, P. Gerber, M. Castan","doi":"10.2139/SSRN.2148827","DOIUrl":"https://doi.org/10.2139/SSRN.2148827","url":null,"abstract":"Many people have placed Victoria on a pedestal because it was the first (and still only) state in Australia to have enacted human rights legislation. The Charter of Human Rights and Responsibilities 2006 (Vic) replicates many of the rights protected in the International Covenant on Civil and Political Rights, but notably fails to include art 24(2) which recognizes the right to birth registration. This omission is likely to have a disproportionately negative impact on Indigenous Victorians who, it has recently been discovered, are experiencing difficulties in their dealing with the Registrar of Births, Deaths and Marriages. Many Indigenous people are being denied basic rights of citizenship such as obtaining a driver's license or passport because they are unable to provide a copy of their birth certificate; the universally accepted proof of identity document. This article explores the problems faced by Indigenous Victorians in relation to birth registration and birth certificates, and analyses the extent to which the Charter of Human Rights and Responsibilities 2006 (Vic) can provide redress, notwithstanding the absence of a specific provision regarding the right to birth registration.","PeriodicalId":44672,"journal":{"name":"Monash University Law Review","volume":"53 Pt 3 1","pages":"1-32"},"PeriodicalIF":0.0,"publicationDate":"2011-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84234302","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2