Tag Archives: law

Is Arbitral Justice Blind? The Conflict of Laws and International Commercial Arbitration

It’s a fundamental principle of developed legal systems that justice is blind. This is often represented by the blindfolded Lady Justice. Objectivity is key to the determination of legal disputes, and parties’ rights and obligations. International commercial arbitration plays an important role in the resolution of cross-border commercial disputes. Rather than submitting their disputes to […]

Law's on lethal domestic violence should be reviewed – nationally

This article was first published on The Conversation website. The law’s response to lethal domestic violence in Australia raises complex issues. It requires a delicate balance to be struck between ensuring a just response to those who kill in response to prolonged family violence while simultaneously ensuring that those who kill an intimate partner in […]

Investing to address causes of crime, not the consequences

LAST week was a big week in Canberra. While much of the focus was on Julia Gillard’s work for the Australian Workers’ Union in the mid 1990s, the Parliament also considered laws for the national disability insurance scheme, education funding recommended by the Gonski review, pokie reform, the Murray-Darling basin plan, and recognising indigenous Australians […]

How doctors and lawyers can help vulnerable patients

By James Farrell, Deakin University and Peter Noble, The Conversation Medical-legal partnerships have broken down the barriers to accessible legal services for people experiencing health issues in the United States. Such programs demonstrate the health benefits of effective legal advocacy on behalf of patients and Australia could learn from this model to improve access to […]

Community legal centres: revolutionaries, or going around in circles?

Once again, activist lawyers from across Australia are coming together at the National Conference of Community Legal Centres (#naclc12). It’s a terrific opportunity to reflect on the work of Community Legal Centres (CLCs), and to identify challenges and opportunities. For those that don’t know, CLCs are independently operating not-for-profit, community-based organisations that provide legal services […]

Security, peace, dignity? The role of Victorian human rights laws

Phil* became homeless after his partner died and his house was repossessed.  He cycled through shelters and crisis accommodation, dangerous rooming houses, and the couches of friends and families. After several months, Phil hit the jackpot and was accepted into transitional housing.  As the name suggests, transitional housing is short- to medium-term housing to assist […]

Forget your coins, we want change: begging should not be a crime

The criminal offence of begging should be abolished. Criminalising begging is tantamount to criminalising poverty. It perpetuates, rather than alleviates, the marginalisation and disadvantage experienced by people who beg. It also violates the fundamental human rights of some of the most vulnerable in our society.  When people need to beg, the last thing we should […]

Improved justice the job facing Roxon

While much has been made of the fact that Nicola Roxon is our first female attorney-general, celebrations will be short-lived as Roxon faces significant tests in this new role.   She will continue to lead the Government’s defence of new laws requiring plain packaging of tobacco products, and has already flagged her intentions to use […]

Australia needs a rights-based homelessness act

Background The Federal Government’s White Paper on Homelessness, The Road Home: A National Approach to Reducing Homelessness (White Paper), proposed the introduction of new legislation that would “underpin the national response to homelessness, setting standards to deliver the best quality services possible”. In June 2009, the Minister for Housing referred the inquiry into homelessness legislation […]