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Australian Feminist Judgments: Righting and Rewriting Law

Edited by: Heather Douglas, Francesca Bartlett, Trish Luker, Rosemary C. Hunter

ISBN13: 9781849465212
Published: November 2014
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £41.99

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This book brings together feminist academics, lawyers and activists to present an impressive collection of alternative judgments in a series of Australian legal cases.

By re-imagining original legal decisions through a feminist lens, the collection explores the possibilities, limits and implications of a feminist approach to legal decision-making. Each case is accompanied by a brief commentary that places it in legal and historical context and explains what the feminist re-writing does differently to the original case.

The cases not only cover topics of long-standing interest to feminist scholars-such as family law, sexual offences and discrimination law-but also areas which have had less attention, including indigenous cultural heritage, immigration, taxation, intellectual property and environmental law.

The collection contributes a distinctly Australian perspective to the growing international literature investigating the role of feminist legal theory in judicial decision-making.

Jurisprudence, Other Jurisdictions , Australia
1. Introduction: Righting Australian Law
Heather Douglas, Francesca Bartlett, Trish Luker and Rosemary Hunter
2. Reflections on Rewriting the Law
Heather Douglas, Francesca Bartlett, Trish Luker and Rosemary Hunter
Part I Public Law Constitutional Law
3. Kartinyeri v The Commonwealth [1998] HCA
Commentary: Kathy Bowrey
First Nations Stories, Grandmother’s Law: Too Many Stories to Tell: Irene Watson
4. R v Pearson; Ex parte Sipka [1983] HCA 6
Feminism and the Franchise: Elisa Arcioni
Judgment: Kim Rubenstein
5. Dietrich v R [1992] HCA
Commentary: Margaret Davies
Judgment: Reg Graycar and Jenny Morgan
Tax Law
6. Lodge v Federal Commissioner of Taxation [1972] HCA
Commentary: Ann O’Connell
Judgment: Kerrie Sadiq
Immigration Law
7. Re Minister for Immigration and Multicultural and Indigenous Affairs;Ex parte Applicants S134/2002 [2003] HCA 1
Roqia’s Story: Refugees and Natural Justice in the Court of Public Opinion: Mary Crock
Judgment: Charlotte Steer
8. Appellant S395/2002 v Minister for Immigration and Multicultural Affairs[2003] HCA
Commentary: Wayne Morgan
Judgment: Nan Seuffert
Environmental Law
9. Wildlife Preservation Society of Queensland Proserpine/Whitsunday Branch Inc v Minister for the Environment and Heritage [2006] FCA
Addressing Climate Change Inequities: The Contribution of a Feminist Judgment: Jacqueline Peel
Judgment: Lee Godden
Part II Private Law
10. Cattanach v Melchior [2003] HCA
The Economic Value of Human Relationships: Cattanach v Melchior Revisited: Isabel Karpin
Judgment: Kylie Burns
Consumer Protection
11. ACCC v Keshow [2005] FCA
Unconscionability, Education and Indigenous Women: Bronwyn Naylor
Judgment: Heron Loban
12. Louth v Diprose [1992] HCA 61
Give and Take: Unconscionability and the Pervasiveness of Gender Stereotypes: Paula Baron
Judgment: Francesca Bartlett
13. Trustees of the Property of John Daniel Cummins, a Bankrupt v Cummins [2006] HCA 6
Formal Equality and Third Party Interests in the Family Home: Francesca Bartlett
Judgment: Lisa Sarmas
Part III Crime and Evidence
Criminal Law
14. Parker v R [1963] HCA 14
Reconsidering Precedent: Heather Douglas
Judgment: Adrian Howe
15. Taikato v R [1996] HCA 28
A Well-founded Fear? Giving Context to Self-defence: Julie Stubbs
Judgment: Penny Crofts and Isabella Alexander
16. PGA v R [2012] HCA 21
Admitting Legal Wrongs: Ngaire Naffine
Judgment: Wendy Larcombe and Mary Heath
17. RPS v R [2000] HCA 3
Commentary: Katherine Biber
Judgment: Helen O’Sullivan
18. Phillips v R [2006] HCA 4
Locating Consent in Similar-Fact Cases: Mehera San Roque
Judgment: Annie Cossins
19. R v Webster [1990] NSWSC 70012/90
Truth in Sentencing: The Narration of Judgment: Kirsty Duncanson
Judgment: Honni van Rijswijk and Lesley Townsley
20. R v Middendorp [2010] VSC 202
Defensive Homicide: JaneMaree Maher
Judgment: Kate Fitz-Gibbon, Danielle Tyson and Jude McCulloch
21. R v Morgan [2010] VSCA 15
Intersectionality and Indigenous Sentencing Courts: Heather Douglas
Judgment: Elena Marchetti and Janet Ransley
Part IV Interpreting Equality
Family Law
22. U v U [2002] HCA 36
Commentary: Rachael Field
Judgment: Jonathan Crowe
23. Goode and Goode [2006] FamCA 1
The Practice of Feminist Judgment in Family Law: Ann Genovese
Judgment: Zoe Rathus and Renata Alexander
Discrimination Law
24. JM v QFG and GK [1998] QCA
Commentary: Paula Gerber
Judgment: Anita Stuhmcke
25. McLeod v Power [2003] FMCA 2
Commentary: Katharine Gelber
Judgment: Jennifer Nielsen
26. The State of New South Wales v Amery [2006] HCA 14
The Indirection of Sex Discrimination: Margaret Thornton
Judgment: Beth Gaze
Treaty Law
27. In the matter of Djappari (Re Tuckiar) [2035] FNCA 1
Commentary: Thalia Anthony
Judgment: Nicole Watson