Dr Jelena Gligorijevic

Lecturer
PhD (Cantab.); LLM (First Class Hons) (Cantab.); LLB (First Class Hons) (Cantuar.); BA (Cantuar.); FHEA; Barrister and Solicitor of the High Court of New Zealand.
+61 2 6125 1108
Room 7.2.26

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Biography

Dr Jelena Gligorijevic specialises in media law, and constitutional law and theory, with particular interest and expertise in privacy law.

Dr Gligorijevic holds a PhD from the University of Cambridge (Trinity College), and an LLM (First Class Honours) also from the University of Cambridge. Her LLB (First Class Honours) and BA (German, and Political Science) are from the University of Canterbury, New Zealand.

Her doctoral work, which has been cited in the Cambridge Law Journal (2019), examined the nature and resolution of rights conflicts by common law courts, focusing on the conflict between privacy and freedom of expression. Her PhD was conferred by the University of Cambridge in 2020. 

Dr Gligorijevic's article on an Australian common law tort of interference with privacy will be published in the UNSW Law Journal in 2021. Her article on children’s privacy was published in the Human Rights Law Review, and her article on privacy and proportionality was published in Public Law. She has also published in the Journal of Media Law, on open justice, privacy and freedom of expression, and in the New Zealand Law Journal, on parliamentary privilege. 

Dr Gligorijevic’s 2019 UKCLA note, ‘Unconstitutional Abuse of Parliamentary Privilege’, was cited by the Lord Chief Justice of England and Wales in his address to the Commonwealth Law Conference. Her other commentaries on current issues in constitutional law and media law have been cited by scholars in the UK, the US, Israel and Australia, including, recently, her 2020 note on 'Government Accountability for the Lawfulness of Lockdown', which was cited in the Public Law Review.   

In addition to her own scholarship on privacy law, Dr Gligorijevic has been invited to write book reviews on the developing literature on privacy, including, most recently, by the Cambridge Law Journal.

Over the past four years, Dr Gligorijevic has been invited to present her work to the Cambridge Centre for Public Law; the Cambridge Forum for Legal and Political Philosophy; the Society of Legal Scholars; the biennial Public Law Conference; the Centre for Comparative Constitutional Studies (biennial Freedom of Speech Symposium); Trinity College, Dublin; McGill University, Montreal; Westfälische Wilhelms-Universität, Münster; KU Leuven; Università Degli Studi di Genova; and the Trinity Forum, Cambridge.

Dr Gligorijevic is also the founding convenor of the ANU Law & Philosophy Forum, which promotes research, discussion, and exchanges on various topics in law and philosophy, covering both private law and public law, and issues within both legal and political philosophy.

Before she commenced her studies at the University of Cambridge, Dr Gligorijevic practised as a solicitor in a commercial law firm in Wellington, New Zealand, specialising in public law and international trade.

Appointments

Editorial Board, Federal Law Review.

Fellow of the Higher Education Academy.

ANU Law & Philosophy Forum, founding convenor. 

Visitors Committee, ANU College of Law. 

Significant research publications

  • J Gligorijevic "A Common Law Tort of Interference with Privacy for Australia: Reaffirming ABC v Lenah Game Meats" (2021) 44(2) UNSW Law Journal (forthcoming).

  • J Gligorijevic "Children’s privacy: The Role of Parental Control and Consent" (2019) 19(2) Human Rights Law Review 201-229.
  • J Gligorijević "Privacy at the Intersection of Public Law and Private Law" [2019] Public Law 563-580.

  • J Gligorijević “Publication restrictions on judgments and judicial proceedings: problems with the presumptive equivalence of rights” (2017) 9(2) Journal of Media Law 215-231.

  • J Gligorijevic “Parliamentary privilege reaffirmed” [2014] NZLJ 393.

Book reviews:

  • J Gligorijevic "Protecting Personal Information: The Right to Privacy Reconsidered by A Monti and R Wacks" (2020) 79(3) Cambridge Law Journal 192.

Media / Online articles:

In the Media

13
Jan
2021
Jelena Gligorijevic quoted in The Age
11
May
2020
Jelena Gligorijevic writes in Scoop

Upcoming events

03
Mar
2021
ANU Law & Philosophy Forum: Freedom of Expression and Self-Restraint
7.30PM to 8.30PM Forum
  • Professor Matthew Kramer, University of Cambridge

Join Professor Matthew Kramer in the ANU Law & Philosophy Forum, a series focused on issues spanning law and philosophy. Professor Kramer will be discussing the connection between the moral principle of freedom of expression and the principle of self-restraint.

17
Feb
2021
ANU Media Law seminar series: Reporting on Parliament
7.30PM to 8.30PM Online seminar
  • Dr Jack Simson Caird

The first seminar in the ANU Media Law seminar series will be delivered by Dr Jack Simson Caird, Legal Counsel at the House of Commons, on the topic of ‘Reporting on Parliament’.

Everyone is welcome to attend.

Past events

24
Aug
-
10
Sep
2020
Surveillance and Humanities Virtual Conference Series
5.00PM to 6.15PM Virtual conference

This webinar series seeks to address the new meaning, scope and representation of surveillance in the time of COVID-19 and initiate a conversation between arts, humanities and the various fields which surveillance is used. 

12
Aug
2020
Freedom of Expression, Liberalism and Harmful Expression
1.00PM to 2.00PM CIPL Monthly Seminar
  • Dr Jelena Gligorijevic

Join Dr Jelena Gligorijevic as she discusses freedom of expression, liberalism and harmful expression in this research seminar.

Please note, only a small selection of recent publications and activities are listed below.

Research biography

Dr Gligorijevic’s current research projects cover the following areas: freedom of expression; judicial power and the prerogative; parliamentary privilege; defamation law.

While at Cambridge, Dr Gligorijevic was a researcher at the Centre for Intellectual Property at Information Law, where she conducted research into the free speech implications of the EU General Data Protection Regulation (‘GDPR’).

Research projects & collaborations

J Gligorijevic "A Common Law Tort of Interference with Privacy for Australia: Reaffirming ABC v Lenah Game Meats" (2021) 44(2) UNSW Law Journal (forthcoming).

J Gligorijevic "Children’s privacy: The Role of Parental Control and Consent" (2019) 19(2) Human Rights Law Review 201-229.

J Gligorijević "Privacy at the Intersection of Public Law and Private Law" [2019] Public Law 563-580.

J Gligorijević “Publication restrictions on judgments and judicial proceedings: problems with the presumptive equivalence of rights” (2017) 9(2) Journal of Media Law 215-231.

J Gligorijevic “Parliamentary privilege reaffirmed” [2014] NZLJ 393.

Grants

Rouse Ball / Eddington Funds, Trinity (UK; for research into: children’s privacy, the right to privacy and public law, and harmful expression; 2017, 2018).

Hollond Fund, Trinity (UK; for research into: children’s privacy, the right to privacy and public law, and harmful expression; 2018).

Yorke Fund, Cambridge (UK; for research into the right to privacy and public law; 2017).

Hollond-Whittaker Research Studentship in Law (UK; for duration doctoral degree; 2016-2019).

LB Wood Fund (NZ; for Masters-level research in the UK; 2015-2016).

Gordon Watson Fund (NZ; for Masters-level research in the UK; 2015-2016)

Chevening Fund (UK; for Masters-level research in the UK; 2015-2016)

Consultancies

Dr Gligorijevic consults on a range of issues in both media law and constitutional law, and has provided advice to NGOs on children's privacy rights in the UK and Australia.

Refereed journal articles

J Gligorijevic "A Common Law Tort of Interference with Privacy for Australia: Reaffirming ABC v Lenah Game Meats" (2021) 44(2) UNSW Law Journal (forthcoming).

J Gligorijevic "Children’s privacy: The Role of Parental Control and Consent" (2019) 19(2) Human Rights Law Review 201-229.

J Gligorijević "Privacy at the Intersection of Public Law and Private Law" [2019] Public Law 563-580.

J Gligorijević “Publication restrictions on judgments and judicial proceedings: problems with the presumptive equivalence of rights” (2017) 9(2) Journal of Media Law 215-231.

J Gligorijevic “Parliamentary privilege reaffirmed” [2014] NZLJ 393.

Conference papers & presentations

"A Liberal Approach to Freedom of Expression", Freedom of Speech Symposium, Centre for Comparative Constitutional Studies, University of Melbourne, November 2020

"Privacy as Liberty and Security: Implications for the Legitimacy of Governmental Surveillance", ANU Surveillance and the Humanities Conference, September 2020.

"Freedom of Expression, Liberalism and Harmful Expression", ANU Centre for International and Public Law, August 2020.

“Privacy, freedom of expression, and English common law”, Trinity College, Cambridge, June 2019.

“Critique of: J Waldron, The Harm in Hate Speech (2012, HUP, Cambridge, Mass.)”, Cambridge Forum for Legal and Political Philosophy (by invitation), January 2019.

“Privacy and freedom of expression after Sir Cliff Richard v BBC [2018] EWHC 1837 (Ch)”, Cambridge Centre for Public Law (by invitation), October 2018.

“Recognising and confronting conflicts between human rights”, Society of Legal Scholars Conference, Queen Mary University London, September 2018.

“Privacy at the Frontiers of Public Law” Public Law Conference, University of Melbourne, July 2018

“Policing speech”, McGill University, Montreal, May 2018.

“Children’s privacy: the role of parental control and consent”, Trinity College Dublin, February 2018.

“The judicial approach to the conflict between privacy and freedom of expression in English law”, KU Leuven, March 2018.

“Critique of: A Preda “Are there any conflicts of rights?” (2015) 18 ETMP 677”, Cambridge Forum for Legal and Political Philosophy (by invitation), December 2017.

Committees

ANU College of Law Visitors Committee

Case notes & book reviews

J Gligorijevic "Protecting Personal Information: The Right to Privacy Reconsidered ​​​​​​​by A Monti and R Wacks" (2020) 79(3) Cambridge Law Journal 192.

Other

J Gligorijevic “Freedom of expression, or protection from harm? Regulating online media”, 22 January 2021, ANU Crawford School of Public Policy’s Policy Forum (accessible at: https://www.policyforum.net/freedom-of-expression-or-protection-from-harm/)

J Gligorijevic "(Un)lawful Lockdown and Government Accountability", 11 May 2020, Scoop Media (accessible at: https://www.scoop.co.nz/stories/HL2005/S00087/unlawful-lockdown-and-gove...)

J Gligorijević "Government Accountability for the Lawfulness of Lockdown", 11 May 2020, UK Constitutional Law Association (accessible at: https://ukconstitutionallaw.org/2020/05/11/jelena-gligorijevic-governmen...)

J Gligorijević “Coronavirus, Media Reportage and Patient Privacy”, 7 March 2020, Inforrm (accessible at https://inforrm.org/2020/03/07/coronavirus-media-reportage-and-patient-p...)

J Gligorijević “Forcing online platforms to remove footage of violent attacks: could privacy help?”, 21 March 2019, Inforrm (accessible at https://inforrm.org/2019/03/21/forcing-online-platforms-to-remove-footag...)

J Gligorijević “Breaching Injunctions in Parliament: An Unconstitutional Abuse of Parliamentary Privilege”, 29 October 2018, UK Constitutional Law Association (accessible at: https://ukconstitutionallaw.org/2018/10/29/jelena-gligorijevic-breaching...)

J Gligorijević “Upholding celebrities’ privacy and problematising news media claims to freedom of expression: Sir Cliff Richard v BBC”, 29 July 2018, Inforrm (accessible at https://inforrm.org/2018/07/29/upholding-celebrities-privacy-and-problem...)

 

PhD supervision

Dr Gligorijevic welcomes PhD research applications. She is particularly interested in applications from students pursuing projects in constitutional law, media law and legal theory; and, specifically, projects relating to defamation, privacy, freedom of expression, parliamentary processes and privileges, rights adjudication, and analytic philosophy in the law.

LLM Masters thesis supervision

Dr Gligorijevic welcomes research applications from LLM students. She is particularly interested in applications from students pursuing projects in constitutional law, media law and legal theory; and, specifically, projects relating to defamation, privacy, freedom of expression, parliamentary processes and privileges, rights adjudication, and analytic philosophy in the law.

Honours thesis supervision

Dr Gligorijevic welcomes research applications from LLB (Hons) students. She is particularly interested in applications from students pursuing projects in constitutional law, media law and legal theory; and, specifically, projects relating to defamation, privacy, freedom of expression, parliamentary processes and privileges, rights adjudication, and analytic philosophy in the law.

Current courses

Year Course code Course name
2021 LAWS8402
Class #7338
Media Law
2021 LAWS8243
Class #6525
Freedom of Information and Privacy
2021 LAWS4202
Class #7520
Media Law

Previous courses

Year Course code Course name
2020 LAWS8402
Class #6730
Media Law
2020 LAWS8243
Class #9529
Freedom of Information and Privacy

Philosophy & approach

Dr Gligorijevic is a Fellow of the Higher Education Academy.

Past courses

At the ANU College of Law, Dr Gligorijevic teaches in Australian Public Law, Tort Law and Media Law (which she convenes).

At Cambridge, Dr Gligorijevic lectured or supervised in:

  • Constitutional Law
  • Civil Liberties and Human Rights
  • Law and Information

How my works connects with public policy

Dr Gligorijevic made submissions to the Australian Attorney-General's Department on its Review of the Privacy Act 1988 (Cth), in November 2020. Her forthcoming article in the University of New South Wales Law Journal (J Gligorijevic "A Common Law Tort of Interference with Privacy for Australia: Revitalising ABC v Lenah Game Meats" (2021) 44(2) UNSWLJ), sets out a more detailed analysis of the protection of individual privacy in Australian law.

Publications

Updated:  10 August 2015/Responsible Officer:  College General Manager, ANU College of Law/Page Contact:  Law Marketing Team