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Monthly Archives: September 2013

When did government accountability stop making sense?

Today, government accountability is generally accepted as a desirable goal. There is a public expectation that governments and their agencies will be able to be brought to account in a variety of ways – whether that be through traditional mechanisms such as parliamentary oversight, or through the growing proliferation of specialist accountability bodies including Ombudsmen, […]

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The New ICAC and its Implications for Lawyers

The appointment of South Australia’s new Independent Commissioner against Corruption was announced in February 2013, and he recently took up his position. The Commissioner, Bruce Lander QC, is charged with identifying, investigating and dealing with serious or systemic corruption in public administration. The role also incorporates preventing or minimising corruption, misconduct and maladministration in public […]

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October School Newsletter Now Available

The October 2013 edition of The Adelaide Law School newsletter is now available. View the Newsletter Online Now Stories included in this edition: Professor James Crawford AC attends lecture in his honour Adelaide Law School Mooters are National Champions SA Law Reform visits country South Australia Adelaide Law School congratulates Jonathon Wenham on being awarded […]

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Researchers to assist Fair Work Commission on pay equity

A research team based at Adelaide Law School has been engaged by the Fair Work Commission to prepare a research report on the equal remuneration provisions in the Fair Work Act. Under that Act, the Commission can make orders to ensure pay equity between male and female workers. This power has already been used to […]

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Corporate Law Teachers Association Conference 2014

Hosted by the Adelaide Law School The University of Adelaide at the National Wine Centre Adelaide 2 to 4 February 2014 In 2014 the University of Adelaide will host the Corporate Law Teachers Association’s (CLTA) annual conference at the National Wine Centre in Adelaide. The conference will run from Sunday, 2 February to Tuesday, 4 […]

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Same Sex (Same Old) Marriage

Australian politics is abuzz with debate on whether to redefine marriage to allow the union of two people regardless of their sex. Adelaide Law School’s Kellie Toole takes on the legal institution of marriage, asking not whether same-sex marriage should be legalised in Australia, but whether marriage should be de-legalised. New Zealand, England and Wales joining […]

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‘The “Authorities Proviso”: the Scope of the Discretion to Exclude Evidence for Public Policy’

Authors: David Caruso and Chong Tsang Status: Drafting Abstract: This article addresses whether the discretion to exclude evidence on the grounds of public policy as formulated in Bunning v Cross should be limited to situations in which the improper or unlawful conduct in obtaining the evidence was that of ‘the authorities’.

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‘The Basis of the “Basis Rule”: the Role of the Basis Rule in the Admissibility of Expert Opinion’

Authors: David Caruso and Trang Phan Status: Pending Review Abstract: The ‘basis rule’ is, in general terms, a rule which restricts expert witnesses to giving opinion evidence in respect of which there is or will be proof, by other admissible evidence, of the facts and assumptions upon which the opinion is based. There has been […]

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‘The Case in Australia for Further Reform to the Cross-Examination and Court Management of Child Witnesses’

Authors: David Caruso and Timothy Cross Status: Published: (2012) 16(4) International Journal of Evidence and Proof 364-397 Abstract: Recent legislative reforms in Australia designed to address the difficulties attending the reception and treatment of child evidence will have little, if any, success because they do not address the reasons for the difficulties, nor introduce improvements […]

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‘The Executive Institution of Mercy in Australia: The Case and Model for Reform’

Authors: David Caruso and Nicholas Crawford Status: Published: (2014) 37(1) University of New South Wales Law Journal 312-348 Abstract: Post-conviction review procedures in Australia have been static despite significant reform in other Commonwealth countries. Responsibility for review and the powers to do so, collectively, the ‘Institution of Mercy’ (‘IOM’), are vested in the executive of […]

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