Centre for International and Public Law
[Page under construction]

Consultancies
Research grants
Recent publications
Recent seminars/conference papers
Parliamentary submissions
Work in progress

Consultancies

Professor Kim Rubenstein has a consultancy with the Commonwealth, represented by the Department of Immigration and Multicultural and Indigenous Affairs (the Department) to provide advice to the Department in its review of the Australian Citizenship Act 1948 and the Australian Citizenship Regulations 1960. The contract continues and involves the Bills currently before Parliament.

She has a current practising certificate and is admitted to the Supreme Court of Victoria and the High Court of Australia. She was briefed in March 2006 by Clothier Anderson Solicitors to appear in a forthcoming AAT matter involving the Australian Citizenship Act 1948.

Professor Robin Creyke (together with Narelle Bedford, Executive Officer, Migration Review Tribunal and Refugee Review Tribunal, Melbourne) is currently completing research commissioned by the Australian Institute of Judicial Administration. The project involves an analysis of what it means, in an Australian tribunal context, for a tribunal to be characterised as ‘inquisitorial’ rather than ‘adversarial’.

Special Counsel to Phillips Fox

James Stellios, consultant to Clayton Utz Lawyers

Research Grants

ARC Grant: Terrorism and the Non-State Actor after September 11 - The Role of Law in the Search for Security
Chief Investigators are Prof. Andrew Byrnes (now at UNSW), Prof. Simon Bronitt, Mr Russell Hogg (now at UNE), Dr Mark Nolan, Ms Miriam Gani, Dr Pene Mathew. Gabriele Porretto is the ARC Research Associate.

ARC Linkage Grant 2006: ‘Judicially Speaking: An Oral History of the High Court of Australia’
Chief Investigators: Dr Fiona Wheeler, Professor Michael Coper and Professor John Williams; Collaborating Organisations High Court of Australia and National Library of Australia

http://law.anu.edu.au/terrorismlaw/

Recent Publications

Professor Kim Rubenstein
The Lottery of Citizenship: The Changing Significance of Birthplace, Territory and Residence to the Australian Membership Prize, 22 (2) Law in Context, “Nationality, Refugee Status and State Protection: Explorations of the Gap between Man and Citizen”, 2005.
From this time forward...I pledge my loyalty to Australia: Loyalty, Citizenship and Constitutional Law in Australia, Journal of Australian Studies, “Loyalty”, forthcoming 2006.
Shifting Membership: Rethinking Nationality in International Humanitarian Law, in Ustinia Dolgopol and Judith Gardam (eds), The Challenge of Conflict: International Law Responds, Martinus Nijhoff Publishers, Leiden, 2006.

Professor Hilary Charlesworth
Australia's first Bill of Rights: The Australian Capital Territory's Human Rights Act (with Gabrielle MacKinnon), Law & Policy Paper No. 28, The Federation Press, 2006.

Professor Robin Creyke
Control of Government Action: Text, Cases and Commentary, with J. McMillan, LexisNexis, Sydney, 2005.
Laying Down the Law, with Cook, R, Geddes, R; Holloway, I, 6th ed, LexisNexis , Sydney, 2005.
The Impact of Judicial Review on Tribunals, Law & Policy Papers No. 27, The Federation Press, 2006.

Ann Kent
'Influences on National Participation in International Institutions: Liberal v Non-liberal States', in Hilary Charlesworth, Madelaine Chiam, Devika Hovell and George Williams, eds., The Fluid State: International Law and National Legal Systems (Sydney, The Federation Press, 2005), 251-276.
‘China’s Growth Treadmill: Globalization, Human Rights and International Relations’, in Ronald C. Keith, ed., China as a Rising World Power and its Response to ‘Globalization’ (London, Routledge, 2005), 18-37
'Australia and international human rights' in James Cotton and John Ravenhill, eds., Australia in World Affairs, 2001-2005 (Melbourne, Oxford University Press, 2006 forthcoming);
'Culture, Power and Globalisation: China's Changing Approach to International Law' (in Chinese), in Chinese Academy of Social Sciences,ed., Chinese Culture and the Rule of Law (Beijing: CASS, forthcoming 2006)
Beyond Compliance: China, International Organizations and Global Security (Stanford: Stanford University Press, 2007)

My work was cited in Michelle Grattan, ‘Too Close to the Bone’, The Age, 12 June 2005, 15; and Andrew Clark, ‘Between a Wok and a Hard Place’, Australian Financial Review, 11 June 2005, 30.

Leighton McDonald
Federal Judicial Review Jurisdiction After Griffiths University v Tang (2006) 17 Public Law Review 22-48 (with Christos Mantziaris)

Amelia Simpson
'Grounding the High Court's Modern Section 92 Jurisprudence: The Case for Improper Purpose as the Touchstone' (2005) 33(3) Federal Law Review 445.
Book Review: Eric Heinze, The Logic of Equality, (2005) 33(1) Federal Law Review 177.

Sue Harris-Rimmer
"East Timorese Women and the Catholic Church" in Mixed Blessing: Women, Religion and the Law in South East Asia. Eds. Caroline Evan and Amanda Whiting. Brill Press, May 2006.
"The Role of UNHCR", in The Challenge of Armed Conflict: International Law Responds. Eds. Judith Gardam and Tina Dolgopol. Proceedings of conference held in Adelaide 26-29 February 2004. Brill Press, April 2006.
"Untold Numbers: East Timorese Women and Transitional Justice" in Global Issues, Women and Justice. Eds. Caroline Lambert and Sharon Pickering. Federation Press, 2004.

Phillipa Weeks
"Employment Law - A Test Of Coherence Between Statute And Common Law" In Suzanne Corcoran And Stephen Bottomley (Eds), Interpreting Statutes, Federation Press, Sydney, 2005.

Fiona Wheeler
‘BLF v Minister for Industrial Relations: The Limits of State Legislative and Judicial Power’ in George Winterton (ed), State Constitutional Landmarks (Federation Press, 2006) (forthcoming)
‘Family Law and the Constitution’ (2006) LegalDate (forthcoming)
‘The Kable Doctrine and State Legislative Power Over State Courts’ (2005) 20 Australasian Parliamentary Review 15–30
‘Fair Trial and the Australian Constitution’ (2005) 17 LegalDate 7–8

Recent seminars/conference papers

Kim Rubenstein
Developments in Citizenship Law: A Human Rights Perspective, Human Rights and Equal Opportunity Commission seminar, Sydney, 7 April 2006.
Feminism and Federalism paper presented to the Annual Gilbert and Tobin Centre of Public Law’s 2006 conference on Constitutional Law, February 2006.

Robin Creyke
Workshop Director and Chair, International Tribunals Workshop, Australian National University, Canberra, 5 April 2006.

Amelia Simpson
Constitutional Cringe in the High Court of Australia: Are we still looking longingly across the Pacific? Faculty Visitor Seminar, Queens Law School, Canada, 12 October 2005.

Sue Harris-Rimmer
Panellist, Asia Pacific Regional Migration Workshop, Australian National University Canberra, 1-2 December 2005.
Guest lecture, External assistance and the rule of law for the 'Law Order and Conflict in the South Pacific' unit of MA in Applied Anthropology and Participatory Development (Anth8032). Australian National University. 12 July 2005.

Gabriele Porretto
Ensuring accountability - terrorist challenges and state responses in a free society, Expert workshop on terrorism, Australian National University, 20-21 April 2006 (held in conjunction with the National Europe Centre).

Ann Kent
The Perils of Unilateralism: China and the US in International Institutions, at the June 2005 ANZSIL Conference.

Fiona Wheeler
‘The APLA Case and Chapter III of the Constitution’, presentation as panellist on the APLA Case, CIPL Annual Public Law Weekend, ‘A Working Constitution?’ (12 November 2005, National Museum of Australia, Canberra)
‘The Kable Doctrine’, paper presented at the Ninth Australasian and Pacific Conference on Delegated Legislation and Sixth Australasian and Pacific Conference on the Scrutiny of Bills, ‘Legislative Scrutiny in a Time of Rights Awareness’ (3 March 2005, ACT Legislative Assembly, Canberra)

Parliamentary submissions

Ann Kent
At the invitation of the Senate Committee on Foreign Affairs, Defence and Trade, I wrote a submission for two inquiries, the ‘Inquiry into Australia-China Relations’, and the ‘Inquiry into Matters Related to Protection Visas and Deportation’.

Professor Kim Rubenstein
Senate Legal and Constitutional Affairs, Legislation Reference Committee on its Inquiry into the provisions of the Australian Citizenship Bill 2005 and the Australian Citizenship (Transitionals and Consequentials) Bill 2005.
http://www.aph.gov.au/senate/committee/legcon_ctte/citizenship/submissions/sub65.pdf

Professor Rubenstein’s submission is referred to extensively in the Senate Report at http://www.aph.gov.au/senate/committee/legcon_ctte/citizenship/report/index.htm

Submission to the Attorney-General's Department, A New Extradition System: A review of Australia's extradition law and practice, April 2006.

Sue Harris-Rimmer
Spy versus spy: Government control of sensitive information. 2005-06, no. 13, 24 March 2006. http://www.aph.gov.au/library/pubs/rb/2005-06/06rb13.pdf
Telecommunications (Interception) Amendment Bill 2006. Bills Digest, 28 February 2006, no. 102, 2005-06, ISSN 1328-8091
http://www.aph.gov.au/library/pubs/bd/2005-06/06bd102.pdf
Recent developments in refugees and immigration law 2005, E-brief, issued 12 September 2005
http://www.aph.gov.au/library/intguide/law/refugeeandimmigrationlaw.htm
Proposals to further strengthen Australia's counter-terrorism laws-2005, E-brief, issued 4 Septmeber 2005
http://www.aph.gov.au/library/intguide/LAW/TerrorismLaws.htm

Work in progress

Professor Kim Rubenstein is currently working on a paper on Nationality in International Law to be published in a forthcoming issue of the journal Citizenship Studies. The paper flows from her participation in a conference held in Edinburgh in 2005 on voting rights in the European Union organised by Professor Jo Capp, Law School, University of Edinburgh.

Professor Kim Rubenstein is preparing a paper titled Advancing citizenship claims in the Australian legal context: a lesson on law’s limits to be presented to a workshop titled “Why Citizenship” being organised at the University of Toronto Law School in May 2006.

Amelia Simpson
Amelia Simpson led a work-in-progress discussion group at the ANU College of Law, on 9 March 2006, exploring an aspect of her current JSD research into the High Court's constitutional discrimination jurisprudence. The discussion considered judges' responses to the indeterminacy of comparison-based norms, along with the role of judicial deference.

Professor Robin Creyke and Peter Sutherland are completing the second edition of Veterans’ Entitlements Law for Federation Press, to be published later in 2006.

Sue Harris-Rimmer
Forthcoming 2006: "Orphans or Veterans? Justice for Children Born of War in East Timor" in Born of War, Ed R. Charli Carpenter, Kumarian Press.

Fiona Wheeler
Currently working on High Court Oral History Project and research on High Court Judges and Non-Judicial Functions.

Expert Opinion of previous years can be accessed from our archives

 

 

 

 

 

 

 

 

 

 

Expert Opinion of previous years can be accessed from our archives