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NetWatch: July 2005

Author:

Anne Greenshields
Law Liaison Librarian, Murdoch University
Ian Lee
Reference Librarian (Law), Murdoch University Library

Issue: Volume 12, Number 1 and 2 (July 2005)
Category: NetWatch


Primary Legal Materials on the Internet - Case Law, Statutes and Extrinsic Material 

Australian legal sites and developments


Primary Legal Materials on the Internet

Barbados Supreme Court Judgments
http://www.lawcourts.gov.bb/LawLibrary/Judgments.asp

Constitutional Court of South Africa
http://www.constitutionalcourt.org.za/site/home.htm

Court of Appeal of the Commonwealth of The Bahamas
Full text of decisions in PDF with a searchable judgments database
http://www.courtofappeal.org.bs/
http://www.courtofappeal.org.bs/judgments.lasso

District Court of New South Wales (Pharmacist Appeals) Decisions
Selected decisions of appeals made by pharmacists against the disciplinary findings and/or orders made by the Pharmacy Board of NSW.
http://www.austlii.edu.au/au/cases/nsw/NSWDC/

Pacific Islands Treaty Series (PacLII)
Bilateral and multilateral treaties and conventions that 21 Pacific Island states have entered into, in a wide-range of categories dating back to the late 19th Century
http://www.paclii.org/pits/

Queensland Commercial and Consumer Tribunal
Selected decisions from the Queensland Commercial and Consumer Tribunal from July 2003.
http://www.austlii.edu.au/au/cases/qld/QCCT/

Superior Courts of Tasmania (pre-1900)
An "historical database containing edited records of decisions of the Superior Courts of Tasmania handed down prior to 1900. The database currently covers selected decisions from 1824-1842.
http://www.austlii.edu.au/au/other/TASSupC/

This complements the Superior Courts of New South Wales (pre-1900) Case Notes
http://www.austlii.edu.au/au/other/NSWSupC/

State Administrative Tribunal of Western Australia
Full text decisions of the State Administrative Tribunal of Western Australia since its inception in 2005.
http://www.austlii.edu.au/au/cases/wa/WASAT/

Town Planning Appeal Tribunal of Western Australia
Full text decisions of the Town Planning Appeal Tribunal of Western Australia as selected by the Tribunal from 2003-2004. This Tribunal has now been replaced by the State Administrative Tribunal of Western Australia.
http://www.austlii.edu.au/au/cases/wa/WATPAT/

United Kingdom Dispute Resolution Service
Decisions resolving disputes in the .uk Top Level Domain since 2001.
http://www.bailii.org/uk/cases/DRS/

Workers Rehabilitation and Compensation Tribunal of Tasmania
Full-text decisions since 2004.
http://www.austlii.edu.au/au/cases/tas/TASWRCT/


Australian sites and developments

ACCC ejournal
Monthly journal from Australian Competition and Consumer Commission covering the latest developments in trade practices law and consumer issues. New, ongoing and finalised cases in relation to enforcement, speeches, news releases, mergers and other regulatory issues are included. Alert service available.
http://www.accc.gov.au/content/index.phtml/itemId/392039

Australian Bureau of Statistics - AusStats
AusStats "provides you with the complete range of products available from the ABS online, and it is updated daily. A range of publications and related tables are now available free of charge from the web site."
http://www.abs.gov.au/
http://www.abs.gov.au/ausstats/abs%40.nsf/ausstatshome?OpenView

District Court of Western Australia information about the court and its services.

Macquarie Law Journal
Full text from 2001
http://www.austlii.edu.au/au/journals/MqLJ/

Macquarie Business Law Journal
Full text of the Macquarie Business Law Journal from 2004 is now available on AustLII.
http://www.austlii.edu.au/au/journals/MqBLJ/

Office of the Victorian Privacy Commissioner
Selected case notes from the Office of the Victorian Privacy Commissioner since 2003
http://www.austlii.edu.au/au/cases/vic/VPrivCmr/

State Administrative Tribunal of Western Australia
Full text decisions of the State Administrative Tribunal of Western Australia since its inception in 2005.
http://www.austlii.edu.au/au/cases/wa/WASAT/

Town Planning Appeal Tribunal of Western Australia
Full text decisions of the Town Planning Appeal Tribunal of Western Australia as selected by the Tribunal from 2003-2004. This Tribunal has now been replaced by the State Administrative Tribunal of Western Australia.
http://www.austlii.edu.au/au/cases/wa/WATPAT/

Superior Courts of Tasmania (pre-1900)
An "historical database containing edited records of decisions of the Superior Courts of Tasmania handed down prior to 1900. The database currently covers selected decisions from 1824-1842.
http://www.austlii.edu.au/au/other/TASSupC/

This complements the Superior Courts of New South Wales (pre-1900) Case Notes
http://www.austlii.edu.au/au/other/NSWSupC/

Workers Rehabilitation and Compensation Tribunal of Tasmania
Full-text decisions since 2004.
http://www.austlii.edu.au/au/cases/tas/TASWRCT/

Commonwealth of Australia: Government Publications

House of Representatives Committees
http://www.aph.gov.au/committee/committees_type.htm#house

Standing Committee on Legal and Constitutional Affairs - Inquiry into harmonisation of legal systems
On 7 February 2005 the Attorney-General, The Hon Philip Ruddock MP, asked the Committee to inquire into and report on the harmonisation of legal systems within Australia, and with New Zealand.
http://www.aph.gov.au/house/committee/laca/harmonisation/index.htm

Senate Committees
http://www.aph.gov.au/Senate/committee/com-list.htm

Joint Committees

Parliamentary Library Publications

Research Briefs
http://www.aph.gov.au/library/pubs/RB/index.htm

Research Notes
http://www.aph.gov.au/library/pubs/rn/Index.htm

E-Briefs
http://www.aph.gov.au/library/intguide/hotissues.htm

Attorney Generals Department: Publications
http://www.law.gov.au/www/agdHome.nsf/HeadingPagesDisplay/Publications?OpenDocument


Subject Listing

Business, Corporations & Securities

ACCC ejournal
Monthly journal from Australian Competition and Consumer Commission covering the latest developments in trade practices law and consumer issues. New, ongoing and finalised cases in relation to enforcement, speeches, news releases, mergers and other regulatory issues are included. Alert service available.
http://www.accc.gov.au/content/index.phtml/itemId/392039

Australia's corporate regulators - the ACCC, ASIC and APRA
From the report on 14 June 2005 "This Research Brief looks at some important recent developments in the role, mindset and performance of Australia's corporate regulators. Since 1998, the task of regulating corporate Australia has been the responsibility of three statutory authorities the Australian Competition and Consumer Commission (ACCC), the Australian Securities and Investments Commission (ASIC) and the Australian Prudential Regulation Authority (APRA)."
Politics and Public Administration Section
http://www.aph.gov.au/library/pubs/rb/2004-05/05rb16.htm

Australian Bureau of Statistics - AusStats
AusStats "provides you with the complete range of products available from the ABS online, and it is updated daily. A range of publications and related tables are now available free of charge from the web site."
http://www.abs.gov.au/
http://www.abs.gov.au/ausstats/abs%40.nsf/ausstatshome?OpenView

Inquiry into the Australian Accounting Standards tabled in compliance with the Corporations Act 2001 on 30 August and 16 November 2004 from Joint Corporations and Financial Services Committee (Australia)
http://www.aph.gov.au/Senate/committee/corporations_ctte/aas/index.htm

Inquiry into the Exposure Draft of the Corporations Amendment Bill (No 2) 2005 from Joint Corporations and Financial Services Committee (Australia)
http://www.aph.gov.au/Senate/committee/corporations_ctte/amendment_bill_2/index.htm

Inquiry into regulation of property investment advice from Joint Corporations and Financial Services Committee (Australia)
http://www.aph.gov.au/Senate/committee/corporations_ctte/investment/index.htm

Inquiry into Unfair Dismissal Policy in the Small Business Sector from the Senate Committee Employment, Workplace Relations and Education (Australia)
http://www.aph.gov.au/senate/committee/eet_ctte/unfair_dismissal/index.htm

Macquarie Business Law Journal
Full text of the Macquarie Business Law Journal from 2004 is now available on AustLII.
http://www.austlii.edu.au/au/journals/MqBLJ/

Rehabilitating large and complex enterprises in financial difficulties
From the Corporations and Markets Advisory Committee "The aim of any corporate recovery process is to give financially distressed enterprises that may still be viable in the longer term a realistic opportunity to overcome their financial problems and continue in business. The return of an enterprise to profitability rather than winding it up may benefit a range of affected parties, including financiers, suppliers, employees, customers and shareholders."
http://www.camac.gov.au/camac/camac.nsf/byHeadline/PDFFinal+Reports+2004/$file/Large_Enterprises_report_Oct04.pdf

Personal liability for corporate fault
Discusses the degree and circumstance to which directors and corporate managers can be held liable for misconduct.
http://www.camac.gov.au/camac/camac.nsf/byHeadline/PDFDiscussion+Papers/$file/Personal_Liability_DP_May05.pdf

Censorship & Privacy

Australian Big Brother Awards
" Big Brother Awards are presented around the world by the national members and affiliated organisations of Privacy International to corporations, public officials and governments that have shown a blatant disregard for privacy, those who have done the most to threaten personal privacy in their countries. The awards also feature categories for individuals and organisations who have made a major positive contribution to protecting the privacy of Australians."
http://www.privacy.org.au/bba/index.html

Australian Press Council Submission to the Australian Senate Legal and Constitutional Committee Inquiry into the National Security Information Legislation Bill 2005 6 April 2005
A n executive summary regarding these matters.
http://www.presscouncil.org.au/pcsite/fop/fop_subs/natsec05.html

Child Pornography Sentencing in NSW
From the Australian Institute of Criminology. From the report "This brief looks at sentences imposed in New South Wales for the offences of possessing child pornography under s 578B(2) Crimes Act 1900 (NSW) and publishing child pornography under s 578C(2A) Crimes Act 1900 (NSW)."
http://www.aic.gov.au/publications/htcb/htcb008.html

Chilling Effects of Anti-Terrorism (USA)
"National Security.... Toll on Freedom of Expression. The right to free speech faces the strongest challenges during times of crisis. Whether or not any of us agree about each particular decision made to prevent public access to sensitive information, it is the Electronic Frontier Foundation's responsibility to chart any such efforts so that we as a society are at least aware of what is no longer available to us."
http://www.eff.org/Privacy/Surveillance/Terrorism/antiterrorism_chill.html

Civil liability for invasion of privacy (UK)
"The Law Reform Commission released its report on Civil Liability for Invasion of Privacy on 9 December 2004. The report examines whether an individual should be entitled to seek civil remedies for invasion of privacy that is unwarranted in the circumstances. The Commission concludes that one or more specific torts of invasion of privacy which clearly define the act, conduct and/or publication which frustrates the reasonable expectation of privacy of an individual without justification should be created by statute."
http://www.hkreform.gov.hk/reports/index.htm

Commonwealth Cybercrime Update and Review
Discussion of the The Crimes Legislation Amendment (Telecommunications Offences and Other Measures) Act (No.2) 2004 (Cth) and implications for child pornography, police and security power and assisting suicide.
http://www.uq.edu.au/davidson/cyberlaw/proctor-cyberlaw-mar05.pdf

Do Australians have a legal right to privacy?
From the report "There is no constitutional right to privacy in Australia, but there are some pieces of legislation which afford certain but incomplete protections."
http://www.aph.gov.au/library/pubs/rn/2004-05/05rn37.htm

Inquiry into the powers of Australia's communications regulators from Senate Committee on Environment, Communications, Information Technology and the Arts (Australia)
http://www.aph.gov.au/Senate/committee/ecita_ctte/acma/index.htm

Office of the Victorian Privacy Commissioner
Selected case notes from the Office of the Victorian Privacy Commissioner since 2003
http://www.austlii.edu.au/au/cases/vic/VPrivCmr/

The real Big Brother: Inquiry into the Privacy Act 1988 from the Senate Legal and Constitutional Commitee (Australia)
http://www.aph.gov.au/senate/committee/legcon_ctte/privacy/index.htm

Surveillance & Society
A fully peer-reviewed transdisciplinary online surveillance studies journal.
http://www.surveillance-and-society.org/index.htm

Children and Young People

American Bar Association Juvenile Justice Committee
News information about the death penalty and other resources.
http://www.abanet.org/crimjust/juvjus/

Child Pornography Sentencing in NSW
From the Australian Institute of Criminology. From the report "This brief looks at sentences imposed in New South Wales for the offences of possessing child pornography under s 578B(2) Crimes Act 1900 (NSW) and publishing child pornography under s 578C(2A) Crimes Act 1900 (NSW)."
http://www.aic.gov.au/publications/htcb/htcb008.html

Commonwealth Cybercrime Update and Review
Discussion of the The Crimes Legislation Amendment (Telecommunications Offences and Other Measures) Act (No.2) 2004 (Cth) and implications for child pornography, police and security power and assisting suicide.
http://www.uq.edu.au/davidson/cyberlaw/proctor-cyberlaw-mar05.pdf

Inquiry into Children in Institutional Care by the Senate Community Affairs Committee (Australia)
http://www.aph.gov.au/Senate/committee/clac_ctte/inst_care/index.htm

Citizenship & Migration

The detention of Cornelia Rau: legal issues
This brief discusses legal issues arising from the mistaken detention of Cornelia Rau, an Australian permanent resident, under the Commonwealth Migration Act for some 10 months between the end of March 2004 and early February 2005.
http://www.aph.gov.au/library/pubs/rb/2004-05/05rb14.pdf

Civil Rights

The detention of Cornelia Rau: legal issues
This brief discusses legal issues arising from the mistaken detention of Cornelia Rau, an Australian permanent resident, under the Commonwealth Migration Act for some 10 months between the end of March 2004 and early February 2005.
http://www.aph.gov.au/library/pubs/rb/2004-05/05rb14.pdf

The High Court and indefinite detention: towards a national bill of rights? (No. 1) Parliamentary Library of Australia, Research Brief
http://www.aph.gov.au/library/pubs/RB/2004-05/05rbAbstracts.htm#05rb1

Progress of the United States Military Commission trial of David Hicks
From the report on 14 February 2005 "What has happened so far... According to the United States (US) Military Commission charges filed against him,(2) David Hicks is alleged to have undertaken military training with terrorist groups in Pakistan and Afghanistan in 2000-01, including al Qaeda. Whilst in Afghanistan he is alleged to have met Usama Bin Laden and other senior al Qaeda leaders."
http://www.aph.gov.au/library/pubs/rn/2004-05/05rn33.htm

Constitutional Law

A Constitution for Europe
Various document relating to this topic in hypertext form with table of contents and content map.
http://gandalf.aksis.uib.no/~brit/EU-CONST-EN-cc/index.html

The High Court and indefinite detention: towards a national bill of rights? (No. 1) Parliamentary Library of Australia, Research Brief
http://www.aph.gov.au/library/pubs/RB/2004-05/05rbAbstracts.htm#05rb1

Consumers

ACCC ejournal
Monthly journal from Australian Competition and Consumer Commission covering the latest developments in trade practices law and consumer issues. New, ongoing and finalised cases in relation to enforcement, speeches, news releases, mergers and other regulatory issues are included. Alert service available.
http://www.accc.gov.au/content/index.phtml/itemId/392039

Queensland Commercial and Consumer Tribunal
Selected decisions from the Queensland Commercial and Consumer Tribunal from July 2003.
http://www.austlii.edu.au/au/cases/qld/QCCT/

Crime

Commonwealth Cybercrime Update and Review
Discussion of the The Crimes Legislation Amendment (Telecommunications Offences and Other Measures) Act (No.2) 2004 (Cth) and implications for child pornography, police and security power and assisting suicide.
http://www.uq.edu.au/davidson/cyberlaw/proctor-cyberlaw-mar05.pdfl

Crime, Conflict and Media Culture
A peer-reviewed interdisciplinary journal exploring the critical nexus of media culture, criminal justice and conflict. the current issue is titled "Prisons and Media Special Issue"
http://www.jc2m.co.uk/index.htm

Child Pornography Sentencing in NSW
From the Australian Institute of Criminology. From the report "This brief looks at sentences imposed in New South Wales for the offences of possessing child pornography under s 578B(2) Crimes Act 1900 (NSW) and publishing child pornography under s 578C(2A) Crimes Act 1900 (NSW)."
http://www.aic.gov.au/publications/htcb/htcb008.html

Gender and Serious Fraud in Australia and New Zealand
From the Australian Institute of Criminology. From the report "Fraud is a significant component of female offending, and examining the dynamics underlying serious fraud is important if we are to understand the broader issues of gender difference in patterns of offending and imprisonment. Based on a study of a sample of 'serious fraud' cases dealt with in Australian and New Zealand higher criminal courts during 1998 and 1999, this paper examines gender differences in the commission of serious fraud offences in Australia and New Zealand and how offenders' experiences within the criminal justice system may differ depending upon their sex."
http://www.aic.gov.au/publications/tandi2/tandi292.htm

Hairs, Fibers, Crime, and Evidence (USA)
Read all hair and the importance of it to crime. Find out about "identification of questioned hairs and the comparison of questioned and known hairs" Questions about hairs and hair raising questions.
http://www.fbi.gov/hq/lab/fsc/backissu/july2000/deedric1.htm

Measuring Violence against Women: a Review of the Literature and Statistics
Issued 06 December 2004. From the report "It is very difficult to measure the true extent of violence against women as most incidences of domestic violence and sexual assault go unreported."
http://www.aph.gov.au/library/intguide/SP/ViolenceAgainstWomen.htm

Sentencing Remarks for selected District Court of Western Australia cases.
http://www.districtcourt.wa.gov.au/default.asp?id=11544321
http://www.districtcourt.wa.gov.au/

Small Arms Survey
An independent research project located at the Graduate Institute of International Studies, Geneva, Switzerland. Their "reports are ad hoc publications commissioned by governments, UN agencies, and other institutions. They address subjects of broad interest to the humanitarian, development, public health, and arms control communities." Latest report is "Gun-running in Papua New Guinea: From Arrows to Assault Weapons in the Southern Highlands" [pdf]
http://www.smallarmssurvey.org/index.html
http://www.smallarmssurvey.org/publications/special.htm
http://www.smallarmssurvey.org/Special%20Reports/SR%20PNG.pdf

Directories, Guides and Search Engines

Answers.com
This is a general search engine site that boasts it is the next generation of search engines taking you straight to an answer. Use for general non-legal type questions - great for quiz nights and homework assistance!
"Answers.com displays quick, snapshot answers with concise, reliable information. Our editors take our content from over 100 authoritative encyclopedias, dictionaries, glossaries and atlases, carefully chosen for breadth and quality".
http://www.answers.com/

FirstGov.gov: Libraries (USA)
National, federal agency, and local libraries; online library databases; grants and benefits for libraries. Check out what they have on the shelves at NASA, the Pentagon and the Federal Bureau of Prisons Library.
http://www.firstgov.gov/Topics/Reference_Shelf/Libraries.shtml

CIA: The World Factbook 2005
A well known resource for information about various nations. Country information updated recently with additions regarding the European Union. Along with the new entities and the regular information updates, The World Factbook now also features six new fields. Additional new categories include "People", "Major infectious diseases", "Economy category, entries have been added for Current account balance, Investment (gross fixed), Public debt, and Reserves of foreign exchange and gold. The Transnational issues category has a new Refugees and internally displaced persons entry."
http://www.cia.gov/cia/publications/factbook/index.html

Dispute Resolution

Sports Disputes Tribunal of New Zealand
http://www.sportstribunal.org.nz/

United Kingdom Dispute Resolution Service
Decisions resolving disputes in the .uk Top Level Domain since 2001.
http://www.bailii.org/uk/cases/DRS/

Employment

Inquiry into Unfair Dismissal Policy in the Small Business Sector from the Senate Committee Employment, Workplace Relations and Education (Australia)
http://www.aph.gov.au/senate/committee/eet_ctte/unfair_dismissal/index.htm

Whistleblowing in Australia transparency, accountability & but above all, the truth
From the report "In Australia, whistleblower protection became an issue around 15 years ago, when inquiries into corruption scandals exposed the difficulties that whistleblowers faced as a result of their actions. The difficulties arose because the common law was ill-adapted to deal with the issue."
http://www.aph.gov.au/library/pubs/rn/2004-05/05rn31.pdf

Workplace death and serious injury: a snapshot of legislative developments in Australia and overseas (No.7) Australian Parliamentary Library Research Brief
http://www.aph.gov.au/library/pubs/RB/2004-05/05rbAbstracts.htm#05rb7

Environment

Bhopal 20 years on: forum non conveniens and corporate responsibility
From the Australian Parliamentary Library this Research Note backgrounds the Bhopal disaster. "The Bhopal disaster led to a classic international legal case in which Union Carbide used the forum non conveniens doctrine to avoid being sued in the United States."
http://www.aph.gov.au/library/pubs/rn/2004-05/05rn26.pdf

Convention on Biological Diversity
"The Convention on Biological Diversity (CBD), a United Nations Environment Programme, is dedicated to promoting sustainable development." Includes a journal citation database, COP/COP-MOP Decisions and SBSTTA/ICCP Recommendations, and more.
http://www.biodiv.org/

Inquiry into Energy White Paper from Senate Committee on Environment, Communications, Information Technology and the Arts (Australia)
http://www.aph.gov.au/Senate/committee/ecita_ctte/energy_white_paper/index.htm

Inquiry into the regulation, control and management of invasive species and the Environment Protection and Biodiversity Conservation Amendment (Invasive Species) Bill 2002 from Senate Committee on Environment, Communications, Information Technology and the Arts (Australia)
http://www.aph.gov.au/Senate/committee/ecita_ctte/invasive_species/index.htm

European Union

A Constitution for Europe
Various document relating to this topic in hypertext form with table of contents and content map.
http://gandalf.aksis.uib.no/~brit/EU-CONST-EN-cc/index.html

Evidence

Hairs, Fibers, Crime, and Evidence (USA)
Read all hair and the importance of it to crime. Find out about "identification of questioned hairs and the comparison of questioned and known hairs" Questions about hairs and hair raising questions.
http://www.fbi.gov/hq/lab/fsc/backissu/july2000/deedric1.htm

Family Law Relationships

Child Custody and Access (UK)
"The Law Reform Commission published its report on Child Custody and Access on 7 March 2005. The main focus of the report's 72 recommendations is the introduction of a new "joint parental responsibility model" into Hong Kong's family law. This new approach aims to make it easier for both parents to maintain an active involvement in the lives of their children after they divorce."
http://www.hkreform.gov.hk/reports/index.htm

Rules for determining domicile (April 2005) (Law Reform Commission of Hong Kong)
http://www.hkreform.gov.hk/reports/rdomicile-e.htm
http://www.hkreform.gov.hk/content/index.htm

New Issues in Legal Parenthood (The Law Commission (NZ))
http://www.lawcom.govt.nz/new-pub.htm#R88
http://www.lawcom.govt.nz/

Gender

Gay & Lesbian Advocates & Defenders (GLAD)
Founded in 1978, Gay & Lesbian Advocates & Defenders (GLAD) is New England s leading legal rights organization dedicated to ending discrimination based on sexual orientation, HIV status and gender identity and expression. Providing litigation, advocacy, and educational work in all areas of gay, lesbian, bisexual and transgender civil rights and the rights of people living with HIV, GLAD has a full-time legal staff and a network of cooperating attorneys across New England.
http://www.glad.org/

Gender and serious fraud in Australia and New Zealand
From the Australian Institute of Criminology. From the report "Fraud is a significant component of female offending, and examining the dynamics underlying serious fraud is important if we are to understand the broader issues of gender difference in patterns of offending and imprisonment. Based on a study of a sample of 'serious fraud' cases dealt with in Australian and New Zealand higher criminal courts during 1998 and 1999, this paper examines gender differences in the commission of serious fraud offences in Australia and New Zealand and how offenders' experiences within the criminal justice system may differ depending upon their sex."
http://www.aic.gov.au/publications/tandi2/tandi292.html

Measuring Violence against Women: a Review of the Literature and Statistics
Issued 06 December 2004. From the report "It is very difficult to measure the true extent of violence against women as most incidences of domestic violence and sexual assault go unreported."
http://www.aph.gov.au/library/intguide/SP/ViolenceAgainstWomen.htm

Government

Was there an EM? Explanatory Memoranda and Explanatory Statements in the Commonwealth Parliament
From Research Brief no. 15 2004 -05 "From 1901 to 1982, there was no easy way of knowing if an Explanatory Memorandum had been produced for a particular Bill."
http://www.aph.gov.au/library/pubs/rb/2004-05/05rb15.htm

Health

District Court of New South Wales (Pharmacist Appeals) Decisions
Selected decisions of appeals made by pharmacists against the disciplinary findings and/or orders made by the Pharmacy Board of NSW.
http://www.austlii.edu.au/au/cases/nsw/NSWDC/

Gene patents: What God hath wrought!
From the The Journal of Philosophy, Science and Law this article examines the ethics and eligibility of gene patenting.
http://www.psljournal.com/archives/all/gene.cfm

How many abortions are there in Australia? A discussion of abortion statistics, their limitations, and options for improved statistical collection. Research Brief no. 9 2004 -05
From the report "Much of the recent debate on abortion in Australia has focused on the question of how many abortions take place in Australia each year. This Research Brief discusses the existing statistics on abortion in Australia, their limitations for accurately quantifying how many abortions take place each year, and some options for improving Australian data on abortion numbers."
http://www.aph.gov.au/library/pubs/rb/2004-05/05rb09.htm

Practice parameters: Assessment and management of patients in the persistent vegetative state
From the American Academy of Neurology a timely reminder.
http://www.aan.com/professionals/practice/pdfs/pdf_1995_thru_1998/1995.45.1015.pdf

Punishing Medical Experts for Unethical Testimony: A Step in the Right Direction or a Step too Far?
From the The Journal of Philosophy, Science and Law this article examines the notion of unethical conduct in expert testimony in medical malpractice cases.
http://www.psljournal.com/archives/all/punishing.cfm

Terri Schiavo Case: Legal Issues Involving Healthcare Directives, Death, and Dying
An extensive set of links to important aspects of this case from FindLaw.
http://news.findlaw.com/legalnews/lit/schiavo/

Human Rights

Amnesty International Report 2005 - Australia
During 2004, the human rights of ordinary men, women and children were disregarded or grossly abused in every corner of the globe. Read all about these issues within our backyard.
See also the link to all Amnesty documents pertaining to Australia
http://web.amnesty.org/report2005/aus-summary-eng
http://web.amnesty.org/library/eng-aus/index

Australian Big Brother Awards
" Big Brother Awards are presented around the world by the national members and affiliated organisations of Privacy International to corporations, public officials and governments that have shown a blatant disregard for privacy, those who have done the most to threaten personal privacy in their countries. The awards also feature categories for individuals and organisations who have made a major positive contribution to protecting the privacy of Australians."
http://www.privacy.org.au/bba/index.html

Australia's Fourth Report under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
http://www.ag.gov.au/agd/WWW/agdHome.nsf/Page/Publications_2005_Australia'

Chilling Effects of Anti-Terrorism (USA)
"National Security.... Toll on Freedom of Expression. The right to free speech faces the strongest challenges during times of crisis. Whether or not any of us agree about each particular decision made to prevent public access to sensitive information, it is the Electronic Frontier Foundation's responsibility to chart any such efforts so that we as a society are at least aware of what is no longer available to us."
http://www.eff.org/Privacy/Surveillance/Terrorism/antiterrorism_chill.html

Carr Centre for Human Rights Policy (USA)
"The mission of the Carr Center for Human Rights Policy at Harvard is to make human rights principles central to the formulation of public policy in the United States and throughout the world". Useful documents and links.
http://www.ksg.harvard.edu/cchrp/

Civil liability for invasion of privacy (UK)
"The Law Reform Commission released its report on Civil Liability for Invasion of Privacy on 9 December 2004. The report examines whether an individual should be entitled to seek civil remedies for invasion of privacy that is unwarranted in the circumstances. The Commission concludes that one or more specific torts of invasion of privacy which clearly define the act, conduct and/or publication which frustrates the reasonable expectation of privacy of an individual without justification should be created by statute."
http://www.hkreform.gov.hk/reports/index.htm

The detention of Cornelia Rau: legal issues
This brief discusses legal issues arising from the mistaken detention of Cornelia Rau, an Australian permanent resident, under the Commonwealth Migration Act for some 10 months between the end of March 2004 and early February 2005.
http://www.aph.gov.au/library/pubs/rb/2004-05/05rb14.pdf

Forced Migration Online (FMO)
Forced Migration Online (FMO) provides "access to a wide variety of online resources dealing with the situation of forced migrants worldwide. Designed for use by practitioners, policy makers, researchers, students or anyone interested in the field, FMO aims to give comprehensive information in an impartial environment and to promote increased awareness of human displacement issues to an international community of users."
http://www.forcedmigration.org/

Progress of the United States Military Commission trial of David Hicks
From the Parliamentary Library of Australia this research note informs us "The international body of law known as the laws of war places limits on how war may be waged, and grants protections to, amongst others, persons captured or interned during war."
http://www.aph.gov.au/library/pubs/rn/2004-05/05rn33.pdf

Small Arms Survey
An independent research project located at the Graduate Institute of International Studies, Geneva, Switzerland. Their "reports are ad hoc publications commissioned by governments, UN agencies, and other institutions. They address subjects of broad interest to the humanitarian, development, public health, and arms control communities." Latest report is "Gun-running in Papua New Guinea: From Arrows to Assault Weapons in the Southern Highlands" [pdf]
http://www.smallarmssurvey.org/index.html
http://www.smallarmssurvey.org/publications/special.htm
http://www.smallarmssurvey.org/Special%20Reports/SR%20PNG.pdf

Indigenous Australians

Access of Indigenous Australians to Law and Justice Services (Tabled 22 June 2005) from the Joint Committee of Public Accounts and Audit
http://www.aph.gov.au/house/committee/jpaa/atsis/report.htm
http://www.aph.gov.au/house/committee/jpaa/index.htm

Inquiry into Indigenous Education Funding Arrangements from the Senate Committee Employment, Workplace Relations and Education (Australia)
http://www.aph.gov.au/senate/committee/eet_ctte/indigenoused/index.htm

Intellectual Property

EFF: Legal Guide for Bloggers
From the Electronic Frontier Foundation this site explores the legal issues for posting information to a Blog and examines intellectual property, online
defamation law and copyright.
http://www.eff.org/bloggers/lg/

Review of one per cent cap on licence fees paid to copyright owners for playing sound recordings on the radio (Australia)
http://www.ag.gov.au/agd/WWW/agdHome.nsf/Page/Publications_2005_Discussion_Paper_-_Review_of_one_per_cent_cap_on_licence_fees_paid_to_copyright_owners_for_playing_sound_recordings_on_the_radio

International Law

Bhopal 20 years on: forum non conveniens and corporate responsibility
From the Australian Parliamentary Library this Research Note backgrounds the Bhopal disaster. "The Bhopal disaster led to a classic international legal case in which Union Carbide used the forum non conveniens doctrine to avoid being sued in the United States."
http://www.aph.gov.au/library/pubs/rn/2004-05/05rn26.pdf

A Constitution for Europe
Various document relating to this topic in hypertext form with table of contents and content map.
http://gandalf.aksis.uib.no/~brit/EU-CONST-EN-cc/index.html

Convention on Biological Diversity
"The Convention on Biological Diversity (CBD), a United Nations Environment Programme, is dedicated to promoting sustainable development." Includes a journal citation database, COP/COP-MOP Decisions and SBSTTA/ICCP Recommendations, and more.
http://www.biodiv.org/

From Resource of Law to Source of Law: The Internet as a Source of Law in Unifying the Jurisprudence of the CISG
From the Journal of Information, Law and Technology article "But in the field of international law, the internet is not only a convenient tool, but an essential one which renders information accessible which would not otherwise be within a researchers grasp."
http://www2.warwick.ac.uk/fac/soc/law/elj/jilt/2004_3/andersen/

MIPT Terrorism Knowledge Base
"The MIPT Terrorism Knowledge Base is a comprehensive resource for research on domestic and international terrorism. Providing a wealth of information on terrorist incidents, terrorism-related court cases, and terrorist groups and leaders, the MIPT TKB system features a suite of sophisticated analytical tools, available free of charge to policymakers, analysts, emergency response personnel, researchers, and the general public. A virtual tour is available."
http://www.tkb.org/Home.jsp

Pacific Islands Treaty Series (PacLII)
Bilateral and multilateral treaties and conventions that 21 Pacific Island states have entered into, in a wide-range of categories dating back to the late 19th Century
http://www.paclii.org/pits/

Progress of the United States Military Commission trial of David Hicks
From the report on 14 February 2005 "What has happened so far... According to the United States (US) Military Commission charges filed against him,(2) David Hicks is alleged to have undertaken military training with terrorist groups in Pakistan and Afghanistan in 2000-01, including al Qaeda. Whilst in Afghanistan he is alleged to have met Usama Bin Laden and other senior al Qaeda leaders."
http://www.aph.gov.au/library/pubs/rn/2004-05/05rn33.htm

Journals, Essays and Newspapers

ACCC ejournal
Monthly journal from Australian Competition and Consumer Commission covering the latest developments in trade practices law and consumer issues. New, ongoing and finalised cases in relation to enforcement, speeches, news releases, mergers and other regulatory issues are included. Alert service available.
http://www.accc.gov.au/content/index.phtml/itemId/392039

Crime, Conflict and Media Culture
A peer-reviewed interdisciplinary journal exploring the critical nexus of media culture, criminal justice and conflict. the current issue is titled "Prisons and Media Special Issue"
http://www.jc2m.co.uk/index.htm

Macquarie Law Journal
Full text from 2001
http://www.austlii.edu.au/au/journals/MqLJ/

Macquarie Business Law Journal
Full text of the Macquarie Business Law Journal from 2004 is now available on AustLII.
http://www.austlii.edu.au/au/journals/MqBLJ/

Surveillance & Society
A fully peer-reviewed transdisciplinary online surveillance studies journal.
http://www.surveillance-and-society.org/index.htm

Web Journal of Current Legal Issues
"The Web Journal of Current Legal Issues is published bi-monthly on the WorldWide Web. The focus of the Journal is on current legal issues in judicial decisions, law reform, legislation, legal research, policy related socio-legal research, legal information, information technology and practice."
http://webjcli.ncl.ac.uk/

Law Reform

The abrogation of the privilege against self-incrimination (Queensland Law Reform Commission)
http://www.qlrc.qld.gov.au/publications/r59.pdf

Death Penalty Information Center (DPIC) (USA)
Provides the year, age, race, gender, location, method of execution since 1976.
http://www.deathpenaltyinfo.org/

The Law Commission - Bangladesh
http://www.lawcommissionbangladesh.org/

The Law Reform Commission: Ireland
http://www.lawreform.ie

Consultation Paper on Trust Law-General Proposals (February 2005) (LRC CP35-2005)
http://www.lawreform.ie/CP%20on%20Trust%20Law.pdf
Consultation Paper on Charitable Trust Law-General Proposals (February 2005) (LRC CP36-2005)
http://www.lawreform.ie/CP%20on%20Charitable%20Trust%20Law.pdf

Animal Legal & Historical Web Center (USA)
From the Michigan State University College of Law over 500 full text cases (US, Historical and UK) and 774 U.S. statutes fully available on the site...30 topical headings and legal articles addressing a wide variety of animal topics.
http://www.animallaw.info/

New Issues in Legal Parenthood (The Law Commission (NZ))
http://www.lawcom.govt.nz/new-pub.htm#R88
http://www.lawcom.govt.nz/

Reforms to Minor Cannabis Offences in the United Kingdom & Western Australia
From the report "This paper considers the different paths taken in the United Kingdom (UK) and Western Australia (WA) to cannabis law reform. In both jurisdictions significant changes were introduced in early 2004 to the way in which minor cannabis offenders are dealt with. Contrary to the shrill cries of those opposed to these reforms, in neither jurisdiction do the reforms alter the legal status of cannabis and thus it remains a prohibited substance."
http://webjcli.ncl.ac.uk/2005/issue1/swensen1.html

Rules for determining domicile (April 2005) (Law Reform Commission of Hong Kong)
http://www.hkreform.gov.hk/reports/rdomicile-e.htm
http://www.hkreform.gov.hk/content/index.htm

Legal History

Landmark Supreme Court Cases (USA)
"This site was developed to provide teachers with a full range of resources and activities to support the teaching of landmark Supreme Court cases, helping students explore the key issues of each case."
http://www.landmarkcases.org/

Superior Courts of Tasmania (pre-1900)
An "historical database containing edited records of decisions of the Superior Courts of Tasmania handed down prior to 1900. The database currently covers selected decisions from 1824-1842.
http://www.austlii.edu.au/au/other/TASSupC/

This complements the Superior Courts of New South Wales (pre-1900) Case Notes
http://www.austlii.edu.au/au/other/NSWSupC/

Legal System

Access of Indigenous Australians to Law and Justice Services (Tabled 22 June 2005) from the Joint Committee of Public Accounts and Audit
http://www.aph.gov.au/house/committee/jpaa/atsis/report.htm
http://www.aph.gov.au/house/committee/jpaa/index.htm

Electronic Discovery Primer For Judges(USA)
From the Federal Courts Law Review and looks at defining "Document" and "Electronic Information", managing electronic discovery and preserving discoverable information.
http://www.fclr.org/2005fedctslrev1.htm

The effectiveness of Australia's military justice system from Senate Committee on Foreign Affairs, Defence and Trade
http://www.aph.gov.au/Senate/committee/fadt_ctte/miljustice/index.htm

Media and Communication

Australian Big Brother Awards
" Big Brother Awards are presented around the world by the national members and affiliated organisations of Privacy International to corporations, public officials and governments that have shown a blatant disregard for privacy, those who have done the most to threaten personal privacy in their countries. The awards also feature categories for individuals and organisations who have made a major positive contribution to protecting the privacy of Australians."
http://www.privacy.org.au/bba/index.html

Chilling Effects of Anti-Terrorism (USA)
"National Security.... Toll on Freedom of Expression. The right to free speech faces the strongest challenges during times of crisis. Whether or not any of us agree about each particular decision made to prevent public access to sensitive information, it is the Electronic Frontier Foundation's responsibility to chart any such efforts so that we as a society are at least aware of what is no longer available to us."
http://www.eff.org/Privacy/Surveillance/Terrorism/antiterrorism_chill.html

Civil liability for invasion of privacy (UK)
"The Law Reform Commission released its report on Civil Liability for Invasion of Privacy on 9 December 2004. The report examines whether an individual should be entitled to seek civil remedies for invasion of privacy that is unwarranted in the circumstances. The Commission concludes that one or more specific torts of invasion of privacy which clearly define the act, conduct and/or publication which frustrates the reasonable expectation of privacy of an individual without justification should be created by statute."
http://www.hkreform.gov.hk/reports/index.htm

Inquiry into the powers of Australia's communications regulators from Senate Committee on Environment, Communications, Information Technology and the Arts (Australia)
http://www.aph.gov.au/Senate/committee/ecita_ctte/acma/index.htm

Office of the Victorian Privacy Commissioner
Selected case notes from the Office of the Victorian Privacy Commissioner since 2003
http://www.austlii.edu.au/au/cases/vic/VPrivCmr/

Political advertising in Australia (No. 5) Parliamentary Library of Australia, Research Brief.
http://www.aph.gov.au/library/pubs/RB/2004-05/05rbAbstracts.htm#05rb5

Surveillance & Society
A fully peer-reviewed transdisciplinary online surveillance studies journal.
http://www.surveillance-and-society.org/index.htm

Military Justice

The effectiveness of Australia's military justice system from Senate Committee on Foreign Affairs, Defence and Trade
http://www.aph.gov.au/Senate/committee/fadt_ctte/miljustice/index.htm

Sports Law

Sports Disputes Tribunal of New Zealand
http://www.sportstribunal.org.nz/

Torts

Workers Rehabilitation and Compensation Tribunal of Tasmania
Full-text decisions since 2004.
http://www.austlii.edu.au/au/cases/tas/TASWRCT/

Workplace death and serious injury: a snapshot of legislative developments in Australia and overseas (No.7) Australian Parliamentary Library Research Brief
http://www.aph.gov.au/library/pubs/RB/2004-05/05rbAbstracts.htm#05rb7

Transport

Forwarderlaw.com (USA)
Everything you ever wanted to know about freight forwarding but where afraid to ask.
"Online commentary to keep you in touch with developments in the law ... recent cases on the law of international transport
resolve disputes without litigation...risk management."


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