DEAN'S REPORT
An annual Research Repon of the kind published by this University addresses itself, in pro- portions which vary with the discipline concerned, to at least three different potential audiences.
One consists of scholars elsewhere, who are well aware of thc characteristics of the research in which they have a professional interest but want to know what is happening in that area at Melbourne. A second is composed of colleagues in other disciplines al this University, who do not necessarily understand thc characteristics of research in fields wilh which ihey arc unfamiliar and look to the Research Report to find out. A third is made up of politicians, public servants and others who may be looking for information along cither or both of the foregoing lines. In ihc case of law, the most useful function of thesc introductory observations is for them to be addressed to tlie second and third categories mentioned above. Readers in thc first category can lurn imme- diately to the list of research topics in progress.
The range and direction of research in the Faculty of Law, although in many respects difl'erent in character from research in other faculties, depend fundamentally on the same basic factors.
These include thc established specialized competencies of staff members, thc availability in Melbourne of appropriate source material, the availability of appropriately qualified research assistance back-up, and access to funding. Research in law shares wilh oiher forms of scholarly research the characteristic of being a continuing exploration of thc world of ideas on the basis of ascertained facts. Because of its particular characteristics, thc character of the facts to bc ascer- tained varies widely.
At one end of the spectrum lies Ihe traditional material of thc lawyer, the immense and con- stantly enlarging wealth of documentary record and speculation. This type of research seems likely to remain for the foreseeable future thc major field of scholarly inquiry in law but in recent limes it lias been to an increasing degree paralleled by research into the actual working of Ihe law, as op- posed to what can perhaps bc called thc intellectual structure and content of the law. A typical ex- ample of this kind of research orientation concentrates on the daily practical operation of ihe courts of law and thc consequences of their procedures and decisions in sociological or economic terms.
Another major related area of research interest focuses on the expression of policy in legislative form and modes of providing legal restraints on necessary governmental discretions.
The central subject of investigation in this kind of research is the connection between government policy and its legal expression, including particularly Ihc necessary restraints on thc former im- posed by the limits of thc latter. A further almost limitless area of research, which is developing rapidly, seeks to formulate useful legal or quasi-legal concepts and structures within the framework of which relations between national slates, boih on thc planet and, now, in outer space, can be conducted.
The diversity of interest which is revealed in this year's, quite typical, list of projects currently under investigation in this Faculty is accounted for partly by the huge potential research range in law and parity by its tendency to bc individual rather lhan team research. Team research is by no means unknown in law. On the contrary, it is a common phenomenon. lis limitation however, in law as in other disciplines, is the degree of access to appropriate funding which is available. Such funding is difficult to come by in Melbourne. There is in consequence a natural tendency in this faculty to develop relatively small scale projects which can bc comfortably handled by individuals or at most a small group of workers.
Perhaps thc only other point lo make in an introduction to what is, for non-lawyers, thc somewhat mysterious, if not baffling, world of research in law is lhat it has in common with nearly all other university level research a close connection with the teaching activities of the Faculty. In- deed it may have this characteristic in higher degree than in some other faculties because il is quite rare for ihc results of current research not to bc reflected almost simultaneously in the teaching program.
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RESEARCH TOPICS IN PROGRESS
1. A lexlbook on easements and restrictive covenants —A. J. Bradbrook, VI. A. Neave.
2. Thc prevention of harassment in landlord-tenant law —A. J. Bradbrook, S. V. MacCallum.
3. A textbook on the Victorian Residential Tenancies Act —A. J. Bradbrook.
4. Solar law in Australia —A. J. Bradbrook.
5. Australian Legal History Bibliography Research Project (continuing) —R. Campbell.
6. Burning at the stake —eighteenth century—R. Campbell.
7. Women and the law in Britain-eighteenth century — R. Campbell.
8. Early reports of New South Wales from the British Press—R. Campbell.
9. English constitutional developments —early eighteenth century —R. Campbell.
10. Legal profession-early eighteenth century—R. Campbell.
11. Institutional arrangements for water resource administration in Victoria-S. D. Clark and J.
Scovell.
12. Regimes for environmental management in Antarctica —S. D. Clark.
13. Preparation of text and materials on Australian labour law —W. B. Creighton.
14. Study of the implementation of U.K. Safety Representative and Safely Committee Regula- tions—W. B. Creighton.
15. Comparative study of thc implementation of anti-discriminalion legislation in thc U.K. and Australia—W. B. Creighton.
16. Australian mining and petroleum law —B. M . 1.. Crommelin.
17. Government management at oil and gas resources in Australia —B. M . L. Crommelin.
18. Economic analysis of property rights, with reference to resource tenures—B. M . I . . Crom- melin.
19. Legal aspects of resource development in Antarctica— B. M . L. Crommelin.
20. Economic analysis of consumer protection laws —A. J. Duggan.
21. High Court contract law 1950-80 (continuing) —M. P. Ellinghaus.
22. An analysis of duress as a defence in criminal law —1. D. Elliott.
23. Projected publications on the Victorian theft legislation and intoxication as a basis for ex- culpation from criminal liability—I. D. Elliott.
24. Australian narcotic drugs legislation — I . D. Elliott.
25. Misfeasance in a public office —R. C. Evans.
26. Relationship between false imprisonment and negligence —R. C. Evans.
27. Continuing work on a textbook on the law of trusts —H. A. J. Ford.
28. Trading trusts and creditors' rights— H. A. J. Eord.
29. The arm's length concept in taxation legislation — F. G. Gurry.
30. The company director and confidential information — F. G. Gurry.
31. Thc role of a secret security force in a democracy —E. G. Gurry.
32. A textbook on Australian family properly law — j . J. Hardingham, M . A. Neave.
33. Dispute resolution in Australia-China trade —M. E. Hiscock.
34. Legal problems peculiar to East-West trade —M. E. Hiscock.
35. Australian contract law —M. E. Hiscock.
36. Criminal law: research towards fourth edition of standard text — C. Howard.
37. Constitutional law: Intergovernmental Relations in Victoria Program: continuous research project — C. Howard.
38. Thc extent of thc operation of the principle of ratification in administrative law —D. J.
Lanham.
39. Continuing research into accident compensation —H. Luntz.
40. A textbook on the Victorian and South Australian Residential Tenancies Acts —S. V. Mac- Callum.
41. Trespass to air space — S. M. B. Morgan.
42. Standing to sue in trespass to land —S. M . B. Morgan.
43. Legal implications of ihe use of remote sensing techniques in mineral exploration —S. M. B.
Morgan.
44. Analysis of (lie nature of royalty rights-S. M . B. Morgan.
45. Thc indivisibility of State legislative power —B. O'Brien.
46. Inchoate rights to interstate communications under s.92—B. O'Brien.
47. A study in thc political economy of Ihc Australian Constitution —Ti. O'Brien.
48. Prosecution policy: initiation, discretion and separation of functions —K. P. O'Connor.
49. Aspects of human rights in Australia —K. P. O'Connor.
50. The reform of Ihc criminal trial svstem by the adaptation of Ihe inquisitional model —J.
Phillips.
51. A study of Ihc threshold criteria for the admissibility of expert evidence and ihc limitations imposed on such testimony —J. Phillips.
52. A comparative study of anti-discrimination legislation in U.S.A., Canada, U.K., West Ger- many, Sweden and Australia —J. Phillips.
53. A study of thc techniques used in U.S.A., Canada, U. K., West Germany, Sweden and
LAW 127 Australia for dealing with discrimination in employment on grounds of age, physical or men- tal handicap and criminal conviction—I. Phillips.
54. A comparative study of the resolution of grievance disputes in employment arising from un- fair dismissal —J. Phillips.
55. A comparative study of industrial democracy in the U.K., West Germany, Sweden and Yugoslavia-J. Phillips.
56. Thc use of computer technology in law school administration teaching and research —J.
Phillips.
57. 2nd edition Cases and Materials on Taxation with Baxt, Gelski, Grbich and Marks —K. S.
Pose.
58. Alienation of incomc-K. S. Pose.
59. Thc concept of arm's length transactions under the Income Tax Assessment Act 1936 — K. S.
Pose.
60. The income concept and the requirement that gains bc convertible into money—K. S. Pose.
61. Textbook on industrial and intellectual property —S. Ricketson.
62. Research paper on s.80 of the Commonwealth Constitution and trial by jury —S. Ricketson.
63. Review of colonial legislation at local and imperial levels in Canada and Australia in the nine- teenth century —J. G. Santamaria.
64. Development of the implied institution of review in Australia both at federal and State levels after 1900-J. G. Santamaria.
65. The relation of judicial definitions of intention and the concept of intention in the philosophy of mind —.1. Ci. Santamaria.
66. The effect of intergovernmental arrangements on legislation, administration and policy- making in Victoria —C. Saunders.
67. The operation of thc Australian Loan Council —C. Saunders.
68. The feasibility of a general competence power for local government in Australia —C.
Saunders.
69. The nature of parliamentary appropriation —C. Saunders.
70. The control of exemption clauses in Victoria —J. Singh.
71. Public control through financial accountability of public enterprises—J. Singh.
72. The taxation of businesses in ASEAN —J. Singh.
73. Enforcing the Income Tax Assessment Act against the Commissioner —.1. Singh.
74. Thc concept of business under thc Income Tax Assessment Act. — J. Singh
75. Protection of the rights of the individual unionist under Australian federal law —R. R. S.
Tracey.
76. An analvsis of thc law relating to bias as applied to statutory and non-statutory bodies—R.
R. S. Tracey.
77. A casebook on administrative law—R. R. S. T racey.
78. International Law doctrine of sovereign immunity. Report for the Sovereign Immunity Com- mittee of thc International Law Association —G. Triggs.
79. Territorial sovereignty in Antarctica —G. Triggs.
80. The Trade /'radices Act 1974 and mergers in thc newspaper industry —S. Walker.
81. Industrial property rights and thc Trade Practices Act 1974 —S. Walker.
82. Thc problem of ensuring a fair trial for the accused with a criminal record —M. Weinberg.
83. T he meaning of the word "dishonestly" in sections 72 and 81 of thc Crimes Act 1958 —M.
Weinberg.
84. Revision of thc Rules of the Supreme Court of Victoria in civil proceedings — N. J. Williams.
PUBLISHED WORK Books
1. DUGGAN, A. .1. and DARVALL, L. W. eds. — Consumer Protection Law and Theory, Law Book Company, Svdney (1980).
2. HOWARD, C. - The Constitution, Power and Politics, Fontana/Collins, Melbourne (1980).
3. LUNTZ, H., HAMBLY, D., and HAYES. K..-Torts: Cases and Commentary, Butterwor- ths, Svdnev (1980).
4. McCALLUM, R. C. and TRACEY, R. R. S.-Cuses and Materials on Industrial Law in Australia, Butterworths, Svdney (1980).
5. SINGH, J., A L L A N , D. E., HISCOCK, M . E. and ROEBUCK, D. — Credit und Security in West Malaysia, University of Queensland Press (1980).
Chapters of Books
6. CLARK, S. D. — Salinity: More Drums along the Murrav? in Engineering in ihc 80s, Institu- tion of Engineers, Australia: 19-23 (1980).
7. CREIGHTON, W. B. and CUNNINGHAM, N. — Health and Safety Legislation in Political and Economic Context, in Legislation and Society in Australia, ed. R. TOMASIC, George, Allen & Unwin, Sydney: 146-173 (1980).
8. CROMMELIN, M.-Naiural Resources, in An Annual Survev o f Law 1979, ed. R. Baxt, Law Book Co., Sydney: 366-406 (1980).
9. CROMMELIN, M.— Environmental Considerations in Energy Production, in Ameri- can/ Australian/New Zealand Law: Parallels and Contrasts, West Publishing Co., St. Paul, Minnesota: 375-391 (1980).
10. FORD, M. A. J. — Commentary on Companies Bill 1980, in A Guide to the National Scheme and Revised Companies Hill 1980, wilh W. E. Paterson and H. H. Ednie, Buticrworlhs 23-79 (1980).
11. L.UN LZ, 11.-Law of Torts, in An Annual Survev of Law 1979, ed. R. Baxt, Law Book Co., Sydney: 185-218 (1980).
12. SAUNDERS, C. A. — The Judicature and the Constitution, in Mathews R.— Australian federalism 1979, Centre tor Research on Federal Financial Relations, Canberra: 41-57 (1980).
Articles
13. CL ARK. S. D . - T h c Philosophy of Australian Water Legislation. Water, 7: 16 (1980).
14. E1.1.1NC.HAUS, M . \ \ - A m o c o v. Rocca: an Annotation. Adel. L. Rev., 7: 33-40 (1980).
15. ELL IOTT, I . D. — Dishonesty in Victoria: 7/te Queen v. Salvo. Crim. L. J., 4: 149-168 (1980).
16. EVANS, R. C. — Damages-Action for damages for destruction of property due to admitted negligence or defendant. A.L.J., 54: 96-97 (1980).
17. EVANS, R. C - Damages -Measure of Damages-Repairs to building. A.L.J., 54: 602-606 (1980).
18. EVANS. R. C. — The Effect of Tax Liabilities on the Assessment of Damages in Personal In- jury Claims: Gourley Re-reconsidered. Ausi. Current Law Digest: 22-27 (1980).
19. HARDINGHAM, I . J . - A Married Woman's Capacity to Pledge her Husband's Credit for Necessaries. A.L.J., 54: 661-675 (1980).
20. HARDINGHAM, I . J. —Access by Spouses to Discretionary Trust Assets under the Family Law Act 1975. Can a Spouse Get at Familv Trust Assets? Monash Universitv Law School:
3-9(l9S0).
21. HARDINGHAM, 1. J. - Non-marital Partners as Contractual Licensees. Melb. U. L. Rev., 12: 356-3S9 (1980).
22. HISCOCK, M. E. and A L L A N , D. E. —The Position of Secured Creditors in Commercial Insolvencies-Australia. Rabelszeiischrifl, 44: 713-736 (1980).
23. HISCOCK, M. E. and SONO, K. — Security Interests and Insolvency in Japan.
Rabelszeiischrifl. 44: 757-783.
24. L A N H A M , D. .1.-Accomplices and Transferred Malice. L.Q.R.. 96: 110-125 (1980).
25. LANHAM, D. J.-Murder and Instigating Suicide. Crim. L. Rev.: 215-221 (1980).
26. L A N H A M , D. J.-Accomplices and Constructive Liability. Crim. L. J., 4: 78-95 (1980).
27. L A N H A M , D. J. — Complicity, Concert and Conspiracy. Crim. L. J., 4: 276-295 (1980).
28. L A N H A M , D. J. — Accomplices, Principals and Causation. Melb. U. L. Rev, 12: 490-515 (1980).
29. LANTERI, A. — Compensation Under the Town and Country Planning Act 1961 (Vic.)-Part 1. Melh. U. L. Rev., 12: 311-339 (19S0).
30. LANTERI, A.— Compensation Under the Town and Country Planning Act 1961 (Vic.)-Part I I . Melb. U. L. Rev.. 12: 437-466 (1980).
31. LUNTZ, H.-Compensation for Injuries Due to Sport. A.L.J.. 54: 588-601 (1980).
32. MacCALLUM, S. — Registration of Mining Tenements in Queensland. Qld. L. J., 11:
175-189 (1980).
33. O'BRIEN B. M. - Understanding Indcfcasibility under the Victorian Transfer o f Land Act.
Melb. U. L. Rev., 12: 390-407 (1980).
34. O'CONNOR, K. P. —Personal information systems: Privacy Protection. Science f o r a sus- tainable Society: Communications: 303-317 (1980).
35. POSE, K. S. — The Capital/Income Dichotomy and Selected Recent Developments under section 25 and section 26 of the Income Tax Assessment Act 1936. Planning f o r Taxes and Duties, Leo Cussen Institute for Continuing Leeal Education: 1-27 (1980).
36. POSE, K. S. -Sections 82KJ, 82KK, 82Kl.-Some Further Reflections. New and Amending Tax Legislation, Court and Hoard of Review Decisions, Institute of Chartered Accountants in Australia: 1-29 (1980).
37. RICKETSON, S. — The Power to Grant Extensions of thc Term or a Patent under the Com- monwealth Patents Act 1952. Aust. Hus. L. Rev., 8: 321-356 (1980).
38. RICKETSON, S. — Intellectual Property and Consumer Protection. European Intellectual Property Review, 2: 407-413 (1980).
39. SINGH, J . - T h c Rights of Manufacturers in Malaysia under the Industrial Co-Ordinulion Act 1975, (Part II). Malaya L. Rev., 21: 413-430 (1979).
40. SINGH-PASRICI1A, J . - A Re-interpretation of Section 51 (1) or the Income Tax Assess- ment Act and Deductibility of Inflated Expenses. Monash Univ. Law Re., 7: 77-109 (1980).
LAW 129 41. WEINBERG, M. S. — Thc Admissibility of Out-of-Court Identification Evidence in Criminal
Cases. Melb. U. L. Rev., 12: 543-566 (1980).
42. WILLIAMS, N. J. — Discovery of Civil Litigation Trial Preparation in Canada. Can. Bar.
Rev.. 5<V: I (1980).
Reports and Notes
43. CLARK, S. D. — Nigeria: Draft National Water Resources Aet and Explanatory Notes. Food and Aericullure Organisation of the United Nations, Rome (1980).
44. O'CONNOR, K. P. (with KELLY, D. St. L. and KIRBY, M. D.)-Australian Law Reform Commission Discussion Paper No. 13, Privacv and Intrusions, Law Reform Commission, Svdney (1980).
45. O'CONNOR, K. P. (with KELLY, D. St. L. and KIRBY M. D.)-Australian Law Reform Commission Discussion Paper No. 14, Privacy and Personal Information, Law Reform Commission, Sydney (1980).
Technical Reports
46. SAUNDERS, C. A. and SMITH, E. - A Paper prepared for Standing Committee D of ihe Australian Constitutional Convention Identifying the Conventions Associated with thc Com- monwealth Constitution, Government Printer, Melbourne (1980).
47. SAUNDERS, C. A. — Constitution Status of Local Government. Advisory Council for Intcr- Governmcnt Relations. Discussion Paper 3, Constitutional Recognition of Local Govern- ment, A.C.I.R. Hobart: 26-41 (1980).
THESES PASSED FOR HIGHER DEGREES Master of Laws
1. BRENNAN, I '. T. - Protest, Public Order and Police Power.
2. GALVIN, J. M. — Law of Credit Unions in Victoria.
3. OWEN, G. A. — The Development, Present Ambit and Future of the Ton of Passing-off.
THESES IN PROGRESS PhD Theses in Progress
1. O'BRIEN, B. M. — An Analysis of the Economic und Political Function of the Australian Constitution, and the Impact of lhat Function on the Interpretation of Sections 90 and 92 of the Constitution.
2. SCOVELL, J. A. — Institutional and Legislative Arrangements for the Management of Water and Related Land Resources in Victoria.
3. SORENSEN, H. — Administration of Tax Laws.
4. TRIGGS, G. D — I'he Australian Antarctic: An Examination of the International and Domestic Legal Consequences of Australia's Claim to Sovereignly in Antarctica.
5. WESTON, W. J. — An Investigation ofthe Operation of the Motor Accidents Act 1973 (Vic) with respect to the co-existence of the "no-fault" scheme operative under it und the continu- ing ton system in the Stale of Victoria.
LLM Theses in Progress
6. BENNETT, L — A Study of the Law's Direct and Indirect Role in Reinforcing Women's Disadvantaged Position in the Workforce, and ihe Ramifications oj Ihis Role for Conven- tional Anti-Discrimination Strategies.
7. DERHAM, S. R. — Subrogation and Contribution in Insurance Law.
8. GARDAM, J. G. — Government Regulation of the Construction and Operation of Hydrocarbon Pipelines in Australia.
9. MORGAN, S. M. — The Nature of Interests acquired under various Mineral Titles.
10. NICHOLSON, S. - Occupational Health and Safely in Australia.
11. O'CONNELL, A. - The Role of the National Corporations and Securities Commission in Regulating Taken vers.
SUBSTANTIAL GRANTS RECEIVED Grams have been received as follows:
ARGC, Ministry of Water Resources and Water Supply, Victoria: Institutional arrangements for Water Resource Administration in Victoria.
Government of Victoria: Intergovernmental Relations in Victoria Program.
DEAN'S REPORT
As in previous years, lhe research activities of the departments of ihis faculty have continued al a high level. A very large number of important publications have appeared in rcfereed interna- tional journals and funding for research, from a wide range of sources, has continued to grow.
Noneiheless, research is held back in a number of areas through lack of funds.
In a large, active faculty of this kind, ii would bc inappropriate lo pick out individual ex- amples of research endeavour. Research covers a span from basic cellular and molecular biology through studies on tissues, experimental animals lo clinical studies in paticnls. In addition, there is continued growih of research in ihc fields of epidemiology and health care evaluation. Basic research of ihe kind noted lakes place in both clinical departments and in those situated on the university campus as does research dependent on animal experimentation. Studies involving human subjects in ihc hospitals arc kept under close scrutiny by thc Research Ethics Committees of ihe hospitals which, as institutions, have legal responsibility i'or the care of the paticnls; ihc ac- tivities of these committees arc important in protecting both ihc subjects of experimentation and ihc university. Where experiments involve students or stalf of the university, specific approval is required from ihc university's Committee on Human Experimentation. Whilst these requirements impose further burdens on research workers of an administrative kind, ihey have been accepted willingly and handled conscientiously by all concerned.
Research using ihc techniques of recombinant DNA hus attracted public interest and been ihc subject of debate within the university. Increasing experience in this field has given substantially greater confidence wilh respect to safety aspects and such research will, in ihc near future, bc in progress in four departments of the faculty.
Continuing growih in research in ihis faculty has led to progressive increase in numbers of graduate students and it is envisaged thai this trend will continue in future years.
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