Law Evenings Research Seminar Series

SEMINAR 2: 24 OCT 2019

Accommodation agreements between older people and their families: A legal and emotional minefield

A Law Evenings Seminar presented by Professor Eileen Webb with commentary from Professor Wendy Lacey

With housing affordability declining and an ageing population, family arrangements involving shared property and/or pooled resources are commonplace and will become more so. The ubiquitous ‘granny-flat’ is but one of many examples of such an arrangement.

This is not to be discouraged; the benefits of multi-generational living arrangements are many and include the provision of companionship, mutual support, and financial and housing security. Furthermore, budgetary constraints in the aged care and health sectors mean the provision of accommodation and care for older people in a family environment is an attractive option for both society and government. The problem is that, when such arrangements break down, there is a lack of legal recourse for the older person that can see an older person left without funds, accommodation and care.

View video of presentation

SEMINAR 1: 16 Feb 2018

Should we breakup the tech giants?

A Law Evenings Seminar presented by Professor Nicolas Petit

Across the world, the power of Google, Amazon, Facebook, Apple (GAFA) and other digital platforms has generated intense policy interest. In late 2017, the Federal Government directed the Australian Competition and Consumer Commission (ACCC) to investigate whether Google and Facebook had disrupted Australia’s news media and advertising markets. In the US, the question has taken a constitutional turn. Digital platforms stand accused of threatening the democratic process and the liberty of citizens at large.

Many of those emerging policy initiatives have in common to describe the tech giants as entrenched “monopolists”, heirs to the industrial giants of the early 20th century. This, in turn, has fuelled demand for increased regulatory intervention and statutory reform. In the US, an anti-monopoly movement has formed, hoping to “make antitrust great again”.

However, are things really so simple?  Professor Nicolas Petit argued that the tech giants are as much monopolists as they are rival oligopoly firms at war with each other. Based on original data, he advocated for a more holistic understanding of the competition dynamics of tech markets. He discussed policy options, including a rechanneling of competition and regulatory policy toward barriers to entrepreneurialism through labour, capital and platform technology.

SEMINAR 2: 23 MAY 2018

Adelaide and Lahore have more in common than you think

A Law Evenings Seminar presented by The Honourable Dr Robyn Layton AO QC

The populations of the State of South Australia and the Province of Punjab in Pakistan are vastly different – Punjab about 110 million and South Australia amere 1.7 million. There are also different cultural and religious back grounds - Islamic in Punjab and a Christian majority in South Australia. Yet, we share many more common features than you think, both commendable and shameful. The common shameful feature is that in both places there are highly disturbing levels of violence against women and children, particularly domestic violence and sexual offences. A commendable feature is that in both places, significant steps have recently been implemented to improve access to justice for women and child victims in courts.

On 24 October 2017 the first Gender Based Violence Court (GBV) commenced operation in Lahore, being the first court in Punjab province, Pakistan, and in South East Asia. Its genesis was the inspiration of the former Hon’ble Chief Justice of the Lahore High Court, with assistance from consultants from the Asian Development Bank, which included Dr Robyn Layton.

The GBV Court operates in accordance with best international practice with a unique blend of the legal, cultural and religious features of Pakistan. This presentation will not simply describe the journey of setting up the Court and training the judges, but will include a discussion about aspects of Islamic practice and culture; compare and contrast approaches by lawyers, prosecutors and police and the assessment of evidence by judges.

SEMINAR 3: 5 SEP 2018

What is the balance between people and proponent power in Australian environmental debates?

A Law Evenings Seminar presented by Professor Jennifer McKay, School of Law, University of South Australia

Environmental issues are at the heart of some of the most complex decisions that the Australian community and the world community must face in pursuit of a more sustainable future. There are many divergent views on forestry in Tasmania, coal seam gas in NSW, Queensland, shale in SA, the use of marine resources and preservation of  bio diversity generally. In Australia, the environmental  movement began in the 1970s in the minds and actions of ordinary (and great) people who perceived environmental issues and problems that were largely ignored by mainstream politics. That  mainstream political view is reported by many to be the "growth first" approach and some say that these work to silence  and delegitimise alternative views.

Clearly, there is a middle ground and through many voices being heard (farmers, traditional owners, and urban residents) it is likely that collaboration will be built through trial of many different regulatory approaches for example the Basin Plan. That remains a quest for the future.

This talk looked at the laws, that attempt to restrict protesting and communication of non 'growth first’  environmental views. In particular, it considered the recent case of Brown v Tasmania regarding and the decision by the High court to render parts of the Workplace (Protection from Protesters) Act 2014 invalid for infringing the implied  freedom of political communication in the Australian Constitution. It looked at laws in other States and their forms and developed a classification of these laws as blatant as in Tasmania and subtle as in NSW where three acts attempted to limit protesting.

As Margaret Mead stated;

"Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it's the only thing that ever has."