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University of New South Wales Law Journal

Faculty of Law, UNSW
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Vassel, Rose --- "Editorial" [2018] UNSWLawJl 1; (2018) 41(1) UNSW Law Journal 1


1

EDITORIAL

ROSE VASSEL[*]

The University of New South Wales Law Journal (‘Journal’) prides itself on representing the diverse interests and legal scholarship of Australian academia and the legal community. Our continued commitment to publishing insightful and original articles across a range of legal issues is reflected in the evolution

of the publication since its inception, 43 years ago. The articles featured

in the Journal have ranged from constitutional law,[1] to competition policy,[2] to refugees and detention in Australia,[3] to climate change,[4] and to the evolution of professional services,[5] and have been showcased in thematic compilations that inform topical discussions in the law. Most recently, the evolution of the Journal as a publication that responds to and shapes dialogue in the Australian legal community has involved the addition of a fourth Issue each year.

This Issue represents the start of a new stage in the Journal’s evolution, introducing a publication structure that will feature three entirely general Issues and one thematic Issue each year. The move towards general Issues reflects the Journal’s being, at heart, a generalist publication, and is intended to better promote the volume of high quality general submissions that we receive. This change in publication structure also allows us to bring greater focus to our thematic Issues, and the Journal will continue to foster scholarship on certain relevant legal issues through the publication of an entire thematic Issue annually.

Of the articles published in an Issue, the Journal will now select one article to lead each general Issue. This recognises and promotes the significant contribution that the article makes to the study or practice of law. The lead article will inform the topic of the Issue’s launch event, and it will interact with the new, entirely online UNSW Law Journal Forum by forming the basis for a series of discussion pieces and shorter articles.

In this Issue, the lead article is Jacinta Dharmananda’s article ‘Using Parliamentary Materials in Interpretation: Insights from Parliamentary Process’. This article has been selected as the lead article for its insightful commentary on the factors to be taken into account when drawing on extrinsic materials to interpret legislation. The article makes the case for a broader appreciation of the statute making process in statutory interpretation, and allows users of Federal legislation to better navigate the political and other aspects of a Bill’s enactment. The topic of the article also raises broader questions of the relationship between the legislative process and statutory interpretation, the role of the judiciary in interpreting legislation, and the use of non-statutory materials.

The rationale behind the Journal’s move to a general Issue structure is realised in the collection of original, topical articles published in this Issue. These articles cover topics including the relationship between law and poverty; the role of parliamentary committees in protecting human rights; a human rights law analysis of the media coverage of abuses at the Don Dale Detention Centre; victim impact statements in sentencing homicide offences; non-consensual smartphone recordings in domestic and family violence contexts; citation patterns of trial judges in the New South Wales District Court; the legalities of degree revocation by Australian universities; and patented methods in Australia. Each article makes an important, unique contribution to its field, and I would like to thank the authors for entrusting their articles to us for editing and publication. It has been a real privilege to work with you all.

I also acknowledge the anonymous peer reviewers, who have generously contributed their time and drawn on their experience to provide feedback on each submission. Their insightful comments have made it possible for the Executive Committee to make publication decisions, and for the authors to refine their articles.

I would also like to thank the Hon Justice John Basten, of the New South Wales Court of Appeal, for delivering the keynote address at the launch of Issue 41(1) on 29 March 2018. We are very grateful to have had the benefit of his Honour’s insights on the launch topic.

That the Journal is able to continue evolving as a publication is a testament to the dedication of our Premier Sponsors. I would particularly like the thank Allens for hosting the launch event for Issue 41(1), and for their ongoing support. The generosity of our other Premier Sponsors, Herbert Smith Freehills and King & Wood Mallesons, is also greatly appreciated.

I am thankful for our faculty advisors, Professor Rosalind Dixon and Associate Professor Lyria Bennett Moses, who have generously given their time and advice throughout the editorial process. I am especially grateful for their guidance in shaping and delivering the new publication structure. I also thank Professor George Williams AO, Dean of the UNSW Faculty of Law, for his ongoing support of the Journal.

It is the tireless and diligent work of the students on the Editorial Board that makes it possible for the Journal to consistently meet the high standards that we set for it. Their patience, eagerness and commitment to the Journal have made the editing process a pleasure to be involved in. Thanks must also go to the members of the Executive Committee, both past and present, who have provided camaraderie, good humour and support. I am especially grateful to the 2017 and 2018 Executive Editors, Justin Kardi and Lachlan Peake, whose timely advice, patience and leadership have been invaluable.

On a personal note, I would like to thank my friends and family. You have offered support, love and boundless enthusiasm over the last twelve months, and for this I am endlessly grateful.


[*] Editor, Issue 41(1), 2018.

[1] See, eg, Andrew Lynch and George Williams, ‘The High Court on Constitutional Law: The 2016 and French Court Statistics’ (2017) 40 University of New South Wales Law Journal 1468.

[2] See, eg, Caron Beaton-Wells and Kathryn Tomasic, ‘Private Enforcement of Competition Law: Time for an Australian Debate’ [2012] UNSWLawJl 27; (2012) 35 University of New South Wales Law Journal 648.

[3] See, eg, Azadeh Dastyari, ‘Detention of Australia’s Asylum Seekers in Nauru: Is Detention by Any Other Name Just As Unlawful?’ [2015] UNSWLawJl 24; (2015) 38 University of New South Wales Law Journal 669.

[4] Anne Kallies, ‘A Barrier for Australia’s Climate Commitments? Law, the Electricity Market and Transitioning the Stationary Electricity Sector’ [2016] UNSWLawJl 59; (2016) 39 University of New South Wales Law Journal 1547.

[5] Justine Rogers, Dimity Kingsford Smith and John Chellew, ‘The Large Professional Service Firm: A New Force in the Regulative Bargain’ [2017] UNSWLawJl 10; (2017) 40 University of New South Wales Law Journal 218.


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