This book provides a comprehensive, accessible and scholalrly examination of many of the key huma... more This book provides a comprehensive, accessible and scholalrly examination of many of the key human rights issues faxing Australia today. It provides a timely and intriguing of the law and policy regarding the appplication of human rights standards in Australia today. It covers such controversial topics as same-sex marriage, asylum seekers, counter-terroism laws, the rights of prisoners and Indigenous rights.
This book offers the first scholarly analysis of the UNited Nation's work in the field of human r... more This book offers the first scholarly analysis of the UNited Nation's work in the field of human rights education and examines why human rights education is important. It provides a uniques and timely insight into the workings of the UN in this vital aspect of international human rights law.
Human Rights Education is one of the most effective ways of preventing human rights violations. Y... more Human Rights Education is one of the most effective ways of preventing human rights violations. Yet human rights education in schools is still not commonplace. Paula Gerber analyses why this is so. Using a case study approach, she evaluates the extent to which schools in Melbourne, Australia and Boston, USA are giving effect to the human rights education norm in the Convention on the Rights of the Child. In the process, the author exposes some of the legal and educational obstacles to widespread school-based human rights education. Interviews with teachers, government employees and NGOs provide a rich source of data, and reveal numerous, and diverse impediments to human rights education. The author offers a new perspective on States' practices regarding human rights education, and fresh ideas on how to increase States' compliance with relevant international laws. Dr Gerber cleverly interweaves legal theories regarding States' compliance with international human rights law, with empirical research on educational practices, to produce an engaging scholarly book relevant to all those interested in human rights education, whether from a legal, educational, or political standpoint.
Muslim women are often the subject of intense media attention surrounding the wearing of the hija... more Muslim women are often the subject of intense media attention surrounding the wearing of the hijab, burqa and niqab. This is particularly true when there is an increased spotlight on the Islamic community because of perceived threats of terrorist attacks. A lot of the opinions expressed about women wearing these religious garments are based on misconceptions about the requirements of Shari’a law, or international human rights law, or both. This article examines how these different bodies of law view the wearing of all-covering body veils by women and whether dictating that women should, or should not, wear such garments is a breach of Islamic law and/or human rights laws.
Forty-one of the 53 countries that comprise the Commonwealth of Nations still criminalise homosex... more Forty-one of the 53 countries that comprise the Commonwealth of Nations still criminalise homosexuality. Men, and in some countries women, can be imprisoned or even sentenced to death, for engaging in same sex sexual conduct between consenting adults. This article examines the provenance of these laws and the resistance that many Commonwealth governments have to repealing these arcane laws. It Looks at the issue through the lens of international human rights law and concludes with recommendations of what more could be done to help these 41 countries become nations that value diversity and respect the rights of all citizens, regardless of their sexual orientation or gender identity.
Many still remember the days when consensual sex between men was illegal, and gay men were regula... more Many still remember the days when consensual sex between men was illegal, and gay men were regularly charged and convicted for offences such as sodomy, gross indecency and indecent assault arising out of their consensual sexual activity. Although homosexual conduct has been decriminalised in Australia for years, or even decades, many men still live with the burden of these convictions. Their criminal records can negatively impact on their choices of employment and volunteer work they want to undertake. The so-called ‘spent convictions’ legislation that exists in most Australian states and territories does not operate to remove these convictions because that legislation generally excludes offences of a sexual nature. This article analyses whether Australia should follow the UK’s lead and enact specific legislation to expunge or allow non-disclosure of historical convictions for consensual gay sex from a less enlightened era.
(2013) 19(1) Australian Journal of Human Rights 199, 2013
This book, spanning over 620 pages, is the brainchild of the Council of Europe. First published i... more This book, spanning over 620 pages, is the brainchild of the Council of Europe. First published in 2002, it has since been translated into more than 30 languages. The latest edition addresses a number of human rights issues that did not exist, or were not considered important, 10 years ago — including those arising out of the global financial crisis, the internet, terrorism, religion and disability.
(2013) 14 Melbourne Journal of International Law 93, Sep 2013
A lot of attention has been paid to the responsibility of business to protect human rights genera... more A lot of attention has been paid to the responsibility of business to protect human rights generally, but very little to the role of the business sector when it comes to children’s rights specifically. This lack of attention is being addressed by the United Nations Committee on the Rights of the Child (‘CRC’), which has developed a new General Comment on State Obligations
regarding the Impact of the Business Sector on Children’s Rights. This article explores the legal standing of general comments developed by United Nations treaty committees before examining
the implications of this new general comment on the business sector and children’s rights. This article also analyses the innovative drafting process adopted by the CRC for this particular
general comment and considers whether that process reflects a trend towards increased stakeholder participation in human rights norm-building on the international stage. Finally, the
authors evaluate the new general comment in light of the broader international dialogue on
business and human rights.
This article provides the first in-depth scholarly examination of the substantive procedural refo... more This article provides the first in-depth scholarly examination of the substantive procedural reforms recently implemented in the Technology, Engineering and Construction List (‘TEC List’) of the
Supreme Court of Victoria. The authors determine whether the rules governing construction litigation in Victoria represent world’s best practice by comparing them with the rules and procedures of the United Kingdom, which are generally regarded as world leading. The conclusion reached is that while the new rules in the TEC List are a step in the right direction, there is still room for significant improvement in this area.
In recent years, alternative dispute resolution, most notably mediation, has become a popular way... more In recent years, alternative dispute resolution, most notably mediation, has become a popular way of keeping disputing parties out of the Australian courts. Despite these advances, numerous disputes still end up in litigation. This is particularly true when it comes to complex construction cases. While Australia's focus on mediation is admirable, it has come at the expense of a broader debate regarding litigation reform. In the United Kingdom, where
mediation has not been embraced with the same enthusiasm, there have been many innovative reforms to civil procedure rules. In particulal; the Pre-Action Protocol for Construction and Engineering disputes is proving to be successful in reducing the amount of litigation and improving the conduct of cases that do proceed to trial. This article considers whether similar civil
procedure reforms are warranted in Australia.
Dispute Review Boards (DRBs) are almost 40 years old, having first been used in the United States... more Dispute Review Boards (DRBs) are almost 40 years old, having first been used in the United States in 1975. It is therefore timely to assess whether they provide the mature judgement that can assist parties to manage conflicts and resolve disputes that invariably arise on construction projects, without the need to resort to arbitration or litigation. Their record to date, suggests that they can – over 2,000 projects around the world have used a DRB, of which an impressive 98% were completed with no outstanding disputes. This success rate has fuelled an exponential growth in the use of DRBs not only in the United States, but around the world. While DRBs, like arbitration, are a creature of contract, unlike arbitration they do not have a long history in construction dispute resolution and do not enjoy the same support and recognition as arbitration, which is the subject of an international treaty and numerous statutory regimes around the world.
DRBs remain a relatively new dispute avoidance process (DAP) for much of the construction world, and it is difficult to find two projects that have designed and used a DRB in the same way. Principals and contractors continue to experiment with the process and often make adjustments to available standard DRB specifications, either in the hope of yielding better outcomes from the DRB, or out of fear of what might happen if a DRB is given the full range of recommended powers. While some modifications have produced outstanding results and maximised the DRB’s ability to assist parties to avoid and/or resolve conflicts and disputes as they arise, other modifications have driven both principals and contractors to “swear that they would never use a DRB again”. With this is mind, this article explores the factors that are critical to the success of DRBs and demonstrates through two case studies, how parties can maximise the benefits of the process, and avoid the hidden dangers that can derail a DRB.
On 19 December 2011, the UN General Assembly adopted the Third Optional Protocol (‘OP’) to the Co... more On 19 December 2011, the UN General Assembly adopted the Third Optional Protocol (‘OP’) to the Convention on the Rights of the Child (‘CROC’), which establishes a system whereby children can bring a complaint alleging that a human right has been violated to the UN Committee on the Rights of the Child (‘CRC’).2 Prior to the adoption of this OP, the CRC was the only UN treaty committee without jurisdiction to receive communications alleging violations of a human rights treaty.
This article identifies the ten most important aspects of this new OP including some deficiencies. It concludes with a consideration of what the future looks like for this new instrument and what is needed to ensure it realises its full potential.
Dispute Review Boards (DRBs) are a very popular dispute avoidance process (DAP) used widely aroun... more Dispute Review Boards (DRBs) are a very popular dispute avoidance process (DAP) used widely around the world as an effective tool for ensuring that the conflicts, which invariably arise during the course of construction projects, do not escalate into disputes. DRBs have enjoyed phenomenal success, with 98% of projects that used a DRB being completed with no outstanding disputes. However, Australia has not been part of the global DRB trend. Instead, Australia has embraced an alternative form of DAP, namely, project alliances. While alliances continue to grow in popularity within Australia, this DAP model remains virtually unknown internationally. This article examines why Australia has not embraced DRBs, and whether this country’s enthusiasm for alliances has been at the expense of DRBs, before considering whether there is room for both models of dispute management.
Dispute Avoidance Processes (DAPs), such as Dispute Review Boards (DRBs), Dispute Adjudication Bo... more Dispute Avoidance Processes (DAPs), such as Dispute Review Boards (DRBs), Dispute Adjudication Boards (DABs) and Dispute Resolution Advisors (DRAs) are now a common feature of construction projects around the world. However, Australia has been slow to embrace DAPs. There is no history of DABs or DRAs being used in this country and only modest use of DRBs. The failure of the Australian construction industry to embrace DAPs is surprising given the proven international track record of DAPs in ensuring that construction projects reach completion with no outstanding disputes. One possible explanation for the lack of uptake of DAPs in Australia may be the complete absence of any provisions relating to DAPs in any Australian standard form contract. This article considers how provisions relating to DAPs have been incorporated into standard form contracts in other jurisdictions, whether Australia should follow suit, and if so, how this could be achieved.
Many people have placed Victoria on a pedestal because it was the first (and still only) state in... more Many people have placed Victoria on a pedestal because it was the first (and still only) state in Australia to have enacted human rights legislation. The Charter of Human Rights and Responsibilities Act 2006 (Vic) replicates many of the rights protected in the International Covenant on Civil and Political Rights, but notably fails to include art 24(2) which recognises the right to birth registration. This omission is likely to have a disproportionately negative impact on Indigenous Victorians, who, it has recently been discovered, are experiencing difficulties in their dealings with the Registrar of Births, Deaths and Marriages. Many Indigenous people are being denied basic rights of citizenship such as obtaining a driver’s license or passport because they are unable to produce a copy of their birth certificate; the universally accepted proof of identity document. This article explores the problems faced by Indigenous Victorians in relation to birth registration and birth certificates, and analyses the extent to which the Charter of Human Rights and Responsibilities Act 2006 (Vic) can provide redress, notwithstanding the absence of a specific provision regarding the right to birth registration.
International human rights law has long recognised the right of every child to have their birth r... more International human rights law has long recognised the right of every child to have their birth registered. However, what is less clear, is what this right encompasses. For example, does the normative content of the right to birth registration include a right to a birth certificate? This is a question that has become very relevant to Indigenous Australians many of whom are experiencing difficulties acquiring a birth certificate. This article argues that the right to birth registration, as set out in the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child, implicitly includes the right to a birth certificate. This conclusion is reached following an analysis of the work of the Human Rights Committee and the Committee on the Rights of the Child.
Dispute Avoidance Processes (DAPs) such as Dispute Review Boards (DRBs), Dispute Adjudication Boa... more Dispute Avoidance Processes (DAPs) such as Dispute Review Boards (DRBs), Dispute Adjudication Boards (DABs) and Dispute Resolution Advisors (DRAs) are becoming commonplace on major construction and infrastructure projects around the world. This is not surprising given that DAPs have a proven track record of assisting parties to complete their major projects within time, within budget and without outstanding disputes. However, it is becoming increasingly obvious that Australia has not yet fully embraced DAPs, and is not part of the global DAPs movement. This is surprising, given that a recent study revealed that $7 billion is being expended annually in connection with construction disputes in Australia. Given this degree of wastage, one would have thought that the Australian construction industry would be at the forefront of efforts to reduce disputes.
On 19 December 2011, the United Nations General Assmebly adopted the Declaration on Human Rights ... more On 19 December 2011, the United Nations General Assmebly adopted the Declaration on Human Rights Education and Training. This landmark declaration signifies a growing commitment by the UN to the promotion of human rights education as a means of increasing respect for human rights and combating human rights violations. This article provides one of the first in-depth analyses of this important new instrument, and identifies both its strengths and weaknesses
This book provides a comprehensive, accessible and scholalrly examination of many of the key huma... more This book provides a comprehensive, accessible and scholalrly examination of many of the key human rights issues faxing Australia today. It provides a timely and intriguing of the law and policy regarding the appplication of human rights standards in Australia today. It covers such controversial topics as same-sex marriage, asylum seekers, counter-terroism laws, the rights of prisoners and Indigenous rights.
This book offers the first scholarly analysis of the UNited Nation's work in the field of human r... more This book offers the first scholarly analysis of the UNited Nation's work in the field of human rights education and examines why human rights education is important. It provides a uniques and timely insight into the workings of the UN in this vital aspect of international human rights law.
Human Rights Education is one of the most effective ways of preventing human rights violations. Y... more Human Rights Education is one of the most effective ways of preventing human rights violations. Yet human rights education in schools is still not commonplace. Paula Gerber analyses why this is so. Using a case study approach, she evaluates the extent to which schools in Melbourne, Australia and Boston, USA are giving effect to the human rights education norm in the Convention on the Rights of the Child. In the process, the author exposes some of the legal and educational obstacles to widespread school-based human rights education. Interviews with teachers, government employees and NGOs provide a rich source of data, and reveal numerous, and diverse impediments to human rights education. The author offers a new perspective on States' practices regarding human rights education, and fresh ideas on how to increase States' compliance with relevant international laws. Dr Gerber cleverly interweaves legal theories regarding States' compliance with international human rights law, with empirical research on educational practices, to produce an engaging scholarly book relevant to all those interested in human rights education, whether from a legal, educational, or political standpoint.
Muslim women are often the subject of intense media attention surrounding the wearing of the hija... more Muslim women are often the subject of intense media attention surrounding the wearing of the hijab, burqa and niqab. This is particularly true when there is an increased spotlight on the Islamic community because of perceived threats of terrorist attacks. A lot of the opinions expressed about women wearing these religious garments are based on misconceptions about the requirements of Shari’a law, or international human rights law, or both. This article examines how these different bodies of law view the wearing of all-covering body veils by women and whether dictating that women should, or should not, wear such garments is a breach of Islamic law and/or human rights laws.
Forty-one of the 53 countries that comprise the Commonwealth of Nations still criminalise homosex... more Forty-one of the 53 countries that comprise the Commonwealth of Nations still criminalise homosexuality. Men, and in some countries women, can be imprisoned or even sentenced to death, for engaging in same sex sexual conduct between consenting adults. This article examines the provenance of these laws and the resistance that many Commonwealth governments have to repealing these arcane laws. It Looks at the issue through the lens of international human rights law and concludes with recommendations of what more could be done to help these 41 countries become nations that value diversity and respect the rights of all citizens, regardless of their sexual orientation or gender identity.
Many still remember the days when consensual sex between men was illegal, and gay men were regula... more Many still remember the days when consensual sex between men was illegal, and gay men were regularly charged and convicted for offences such as sodomy, gross indecency and indecent assault arising out of their consensual sexual activity. Although homosexual conduct has been decriminalised in Australia for years, or even decades, many men still live with the burden of these convictions. Their criminal records can negatively impact on their choices of employment and volunteer work they want to undertake. The so-called ‘spent convictions’ legislation that exists in most Australian states and territories does not operate to remove these convictions because that legislation generally excludes offences of a sexual nature. This article analyses whether Australia should follow the UK’s lead and enact specific legislation to expunge or allow non-disclosure of historical convictions for consensual gay sex from a less enlightened era.
(2013) 19(1) Australian Journal of Human Rights 199, 2013
This book, spanning over 620 pages, is the brainchild of the Council of Europe. First published i... more This book, spanning over 620 pages, is the brainchild of the Council of Europe. First published in 2002, it has since been translated into more than 30 languages. The latest edition addresses a number of human rights issues that did not exist, or were not considered important, 10 years ago — including those arising out of the global financial crisis, the internet, terrorism, religion and disability.
(2013) 14 Melbourne Journal of International Law 93, Sep 2013
A lot of attention has been paid to the responsibility of business to protect human rights genera... more A lot of attention has been paid to the responsibility of business to protect human rights generally, but very little to the role of the business sector when it comes to children’s rights specifically. This lack of attention is being addressed by the United Nations Committee on the Rights of the Child (‘CRC’), which has developed a new General Comment on State Obligations
regarding the Impact of the Business Sector on Children’s Rights. This article explores the legal standing of general comments developed by United Nations treaty committees before examining
the implications of this new general comment on the business sector and children’s rights. This article also analyses the innovative drafting process adopted by the CRC for this particular
general comment and considers whether that process reflects a trend towards increased stakeholder participation in human rights norm-building on the international stage. Finally, the
authors evaluate the new general comment in light of the broader international dialogue on
business and human rights.
This article provides the first in-depth scholarly examination of the substantive procedural refo... more This article provides the first in-depth scholarly examination of the substantive procedural reforms recently implemented in the Technology, Engineering and Construction List (‘TEC List’) of the
Supreme Court of Victoria. The authors determine whether the rules governing construction litigation in Victoria represent world’s best practice by comparing them with the rules and procedures of the United Kingdom, which are generally regarded as world leading. The conclusion reached is that while the new rules in the TEC List are a step in the right direction, there is still room for significant improvement in this area.
In recent years, alternative dispute resolution, most notably mediation, has become a popular way... more In recent years, alternative dispute resolution, most notably mediation, has become a popular way of keeping disputing parties out of the Australian courts. Despite these advances, numerous disputes still end up in litigation. This is particularly true when it comes to complex construction cases. While Australia's focus on mediation is admirable, it has come at the expense of a broader debate regarding litigation reform. In the United Kingdom, where
mediation has not been embraced with the same enthusiasm, there have been many innovative reforms to civil procedure rules. In particulal; the Pre-Action Protocol for Construction and Engineering disputes is proving to be successful in reducing the amount of litigation and improving the conduct of cases that do proceed to trial. This article considers whether similar civil
procedure reforms are warranted in Australia.
Dispute Review Boards (DRBs) are almost 40 years old, having first been used in the United States... more Dispute Review Boards (DRBs) are almost 40 years old, having first been used in the United States in 1975. It is therefore timely to assess whether they provide the mature judgement that can assist parties to manage conflicts and resolve disputes that invariably arise on construction projects, without the need to resort to arbitration or litigation. Their record to date, suggests that they can – over 2,000 projects around the world have used a DRB, of which an impressive 98% were completed with no outstanding disputes. This success rate has fuelled an exponential growth in the use of DRBs not only in the United States, but around the world. While DRBs, like arbitration, are a creature of contract, unlike arbitration they do not have a long history in construction dispute resolution and do not enjoy the same support and recognition as arbitration, which is the subject of an international treaty and numerous statutory regimes around the world.
DRBs remain a relatively new dispute avoidance process (DAP) for much of the construction world, and it is difficult to find two projects that have designed and used a DRB in the same way. Principals and contractors continue to experiment with the process and often make adjustments to available standard DRB specifications, either in the hope of yielding better outcomes from the DRB, or out of fear of what might happen if a DRB is given the full range of recommended powers. While some modifications have produced outstanding results and maximised the DRB’s ability to assist parties to avoid and/or resolve conflicts and disputes as they arise, other modifications have driven both principals and contractors to “swear that they would never use a DRB again”. With this is mind, this article explores the factors that are critical to the success of DRBs and demonstrates through two case studies, how parties can maximise the benefits of the process, and avoid the hidden dangers that can derail a DRB.
On 19 December 2011, the UN General Assembly adopted the Third Optional Protocol (‘OP’) to the Co... more On 19 December 2011, the UN General Assembly adopted the Third Optional Protocol (‘OP’) to the Convention on the Rights of the Child (‘CROC’), which establishes a system whereby children can bring a complaint alleging that a human right has been violated to the UN Committee on the Rights of the Child (‘CRC’).2 Prior to the adoption of this OP, the CRC was the only UN treaty committee without jurisdiction to receive communications alleging violations of a human rights treaty.
This article identifies the ten most important aspects of this new OP including some deficiencies. It concludes with a consideration of what the future looks like for this new instrument and what is needed to ensure it realises its full potential.
Dispute Review Boards (DRBs) are a very popular dispute avoidance process (DAP) used widely aroun... more Dispute Review Boards (DRBs) are a very popular dispute avoidance process (DAP) used widely around the world as an effective tool for ensuring that the conflicts, which invariably arise during the course of construction projects, do not escalate into disputes. DRBs have enjoyed phenomenal success, with 98% of projects that used a DRB being completed with no outstanding disputes. However, Australia has not been part of the global DRB trend. Instead, Australia has embraced an alternative form of DAP, namely, project alliances. While alliances continue to grow in popularity within Australia, this DAP model remains virtually unknown internationally. This article examines why Australia has not embraced DRBs, and whether this country’s enthusiasm for alliances has been at the expense of DRBs, before considering whether there is room for both models of dispute management.
Dispute Avoidance Processes (DAPs), such as Dispute Review Boards (DRBs), Dispute Adjudication Bo... more Dispute Avoidance Processes (DAPs), such as Dispute Review Boards (DRBs), Dispute Adjudication Boards (DABs) and Dispute Resolution Advisors (DRAs) are now a common feature of construction projects around the world. However, Australia has been slow to embrace DAPs. There is no history of DABs or DRAs being used in this country and only modest use of DRBs. The failure of the Australian construction industry to embrace DAPs is surprising given the proven international track record of DAPs in ensuring that construction projects reach completion with no outstanding disputes. One possible explanation for the lack of uptake of DAPs in Australia may be the complete absence of any provisions relating to DAPs in any Australian standard form contract. This article considers how provisions relating to DAPs have been incorporated into standard form contracts in other jurisdictions, whether Australia should follow suit, and if so, how this could be achieved.
Many people have placed Victoria on a pedestal because it was the first (and still only) state in... more Many people have placed Victoria on a pedestal because it was the first (and still only) state in Australia to have enacted human rights legislation. The Charter of Human Rights and Responsibilities Act 2006 (Vic) replicates many of the rights protected in the International Covenant on Civil and Political Rights, but notably fails to include art 24(2) which recognises the right to birth registration. This omission is likely to have a disproportionately negative impact on Indigenous Victorians, who, it has recently been discovered, are experiencing difficulties in their dealings with the Registrar of Births, Deaths and Marriages. Many Indigenous people are being denied basic rights of citizenship such as obtaining a driver’s license or passport because they are unable to produce a copy of their birth certificate; the universally accepted proof of identity document. This article explores the problems faced by Indigenous Victorians in relation to birth registration and birth certificates, and analyses the extent to which the Charter of Human Rights and Responsibilities Act 2006 (Vic) can provide redress, notwithstanding the absence of a specific provision regarding the right to birth registration.
International human rights law has long recognised the right of every child to have their birth r... more International human rights law has long recognised the right of every child to have their birth registered. However, what is less clear, is what this right encompasses. For example, does the normative content of the right to birth registration include a right to a birth certificate? This is a question that has become very relevant to Indigenous Australians many of whom are experiencing difficulties acquiring a birth certificate. This article argues that the right to birth registration, as set out in the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child, implicitly includes the right to a birth certificate. This conclusion is reached following an analysis of the work of the Human Rights Committee and the Committee on the Rights of the Child.
Dispute Avoidance Processes (DAPs) such as Dispute Review Boards (DRBs), Dispute Adjudication Boa... more Dispute Avoidance Processes (DAPs) such as Dispute Review Boards (DRBs), Dispute Adjudication Boards (DABs) and Dispute Resolution Advisors (DRAs) are becoming commonplace on major construction and infrastructure projects around the world. This is not surprising given that DAPs have a proven track record of assisting parties to complete their major projects within time, within budget and without outstanding disputes. However, it is becoming increasingly obvious that Australia has not yet fully embraced DAPs, and is not part of the global DAPs movement. This is surprising, given that a recent study revealed that $7 billion is being expended annually in connection with construction disputes in Australia. Given this degree of wastage, one would have thought that the Australian construction industry would be at the forefront of efforts to reduce disputes.
On 19 December 2011, the United Nations General Assmebly adopted the Declaration on Human Rights ... more On 19 December 2011, the United Nations General Assmebly adopted the Declaration on Human Rights Education and Training. This landmark declaration signifies a growing commitment by the UN to the promotion of human rights education as a means of increasing respect for human rights and combating human rights violations. This article provides one of the first in-depth analyses of this important new instrument, and identifies both its strengths and weaknesses
This op-ed piece looks at the case for amending the Marriage Act in Australia to allow same-sex c... more This op-ed piece looks at the case for amending the Marriage Act in Australia to allow same-sex couples to marry. It argues that in this day and age, there should not be any civil institution that is reserved for heterosexuals only, in just the same way as we don't tolerate institutions that are for whites only.
Dispute Review Boards (DRBs) continue to be widely used on construction projects around the world... more Dispute Review Boards (DRBs) continue to be widely used on construction projects around the world because of their proven ability to prevent the escalation of conflicts into disputes, and to resolve any disputes that can’t be avoided. In the 30 years since DRBs were first developed, over 2,000 construction projects around the world,, worth over USD$100 billion have used a DRB, and 98% of these resulted in the project being completed with no outstanding disputes. It is therefore somewhat surprising that the Australian construction industry appears has not yet embraced DRBs, with only 21 projects in this country having incorporated a DRB. This article examines the limited use of DRBs in Australia in an attempt to understand what the future might hold for DRBs in this country.
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Books by paula gerber
Foreword - The Hon Michael Kirby AC CMG
The Wind of Change is Blowing
Paula Gerber and Adiva Sifris
Lesbian Parenting in Australia: Demosprudence and Legal Change
Adiva Sifris
The Best Interests of Children in Same-Sex Families
Paula Gerber
The Geography of Same-Sex Families in Australia: Implications for Regulatory Regimes
Andrew Gorman-Murray and Chris Brennan-Horley
Pragmatic Imbalances: Australian Lesbian and Gay Foster Carers Negotiating the Current Legal Context
Damien W Riggs
The Social Construction of Marriage in Australia: Implications for Same-Sex Unions
Charlotte Frew
Same-Sex Marriage: A Worldwide Trend?
Jamie Gardiner
The Right to Same-Sex Marriage in South Africa
Jacqueline Heaton
Papers by paula gerber
regarding the Impact of the Business Sector on Children’s Rights. This article explores the legal standing of general comments developed by United Nations treaty committees before examining
the implications of this new general comment on the business sector and children’s rights. This article also analyses the innovative drafting process adopted by the CRC for this particular
general comment and considers whether that process reflects a trend towards increased stakeholder participation in human rights norm-building on the international stage. Finally, the
authors evaluate the new general comment in light of the broader international dialogue on
business and human rights.
Supreme Court of Victoria. The authors determine whether the rules governing construction litigation in Victoria represent world’s best practice by comparing them with the rules and procedures of the United Kingdom, which are generally regarded as world leading. The conclusion reached is that while the new rules in the TEC List are a step in the right direction, there is still room for significant improvement in this area.
mediation has not been embraced with the same enthusiasm, there have been many innovative reforms to civil procedure rules. In particulal; the Pre-Action Protocol for Construction and Engineering disputes is proving to be successful in reducing the amount of litigation and improving the conduct of cases that do proceed to trial. This article considers whether similar civil
procedure reforms are warranted in Australia.
DRBs remain a relatively new dispute avoidance process (DAP) for much of the construction world, and it is difficult to find two projects that have designed and used a DRB in the same way. Principals and contractors continue to experiment with the process and often make adjustments to available standard DRB specifications, either in the hope of yielding better outcomes from the DRB, or out of fear of what might happen if a DRB is given the full range of recommended powers. While some modifications have produced outstanding results and maximised the DRB’s ability to assist parties to avoid and/or resolve conflicts and disputes as they arise, other modifications have driven both principals and contractors to “swear that they would never use a DRB again”. With this is mind, this article explores the factors that are critical to the success of DRBs and demonstrates through two case studies, how parties can maximise the benefits of the process, and avoid the hidden dangers that can derail a DRB.
This article identifies the ten most important aspects of this new OP including some deficiencies. It concludes with a consideration of what the future looks like for this new instrument and what is needed to ensure it realises its full potential.
Foreword - The Hon Michael Kirby AC CMG
The Wind of Change is Blowing
Paula Gerber and Adiva Sifris
Lesbian Parenting in Australia: Demosprudence and Legal Change
Adiva Sifris
The Best Interests of Children in Same-Sex Families
Paula Gerber
The Geography of Same-Sex Families in Australia: Implications for Regulatory Regimes
Andrew Gorman-Murray and Chris Brennan-Horley
Pragmatic Imbalances: Australian Lesbian and Gay Foster Carers Negotiating the Current Legal Context
Damien W Riggs
The Social Construction of Marriage in Australia: Implications for Same-Sex Unions
Charlotte Frew
Same-Sex Marriage: A Worldwide Trend?
Jamie Gardiner
The Right to Same-Sex Marriage in South Africa
Jacqueline Heaton
regarding the Impact of the Business Sector on Children’s Rights. This article explores the legal standing of general comments developed by United Nations treaty committees before examining
the implications of this new general comment on the business sector and children’s rights. This article also analyses the innovative drafting process adopted by the CRC for this particular
general comment and considers whether that process reflects a trend towards increased stakeholder participation in human rights norm-building on the international stage. Finally, the
authors evaluate the new general comment in light of the broader international dialogue on
business and human rights.
Supreme Court of Victoria. The authors determine whether the rules governing construction litigation in Victoria represent world’s best practice by comparing them with the rules and procedures of the United Kingdom, which are generally regarded as world leading. The conclusion reached is that while the new rules in the TEC List are a step in the right direction, there is still room for significant improvement in this area.
mediation has not been embraced with the same enthusiasm, there have been many innovative reforms to civil procedure rules. In particulal; the Pre-Action Protocol for Construction and Engineering disputes is proving to be successful in reducing the amount of litigation and improving the conduct of cases that do proceed to trial. This article considers whether similar civil
procedure reforms are warranted in Australia.
DRBs remain a relatively new dispute avoidance process (DAP) for much of the construction world, and it is difficult to find two projects that have designed and used a DRB in the same way. Principals and contractors continue to experiment with the process and often make adjustments to available standard DRB specifications, either in the hope of yielding better outcomes from the DRB, or out of fear of what might happen if a DRB is given the full range of recommended powers. While some modifications have produced outstanding results and maximised the DRB’s ability to assist parties to avoid and/or resolve conflicts and disputes as they arise, other modifications have driven both principals and contractors to “swear that they would never use a DRB again”. With this is mind, this article explores the factors that are critical to the success of DRBs and demonstrates through two case studies, how parties can maximise the benefits of the process, and avoid the hidden dangers that can derail a DRB.
This article identifies the ten most important aspects of this new OP including some deficiencies. It concludes with a consideration of what the future looks like for this new instrument and what is needed to ensure it realises its full potential.