Research highlights

Victoria’s first Mental Health Complaints Commissioner

Ms Lynne Coulson Barr, a current doctoral candidate in the Faculty of Law, has been appointed Victoria’s first Mental Health Complaints Commissioner. See details of the new role. Ms Barr is currently enrolled in a Doctor of Juridical Science (SJD) program under the supervision of Associate Professor Bronwyn Naylor. Her research concerns the efficacy of decision making on the suitability of disputes for statutory conciliation.

In 2013, Ms Barr was awarded a Weinstein International Fellowship from the JAMS Foundation in the United States to undertake a study of alternative dispute resolution practices, one of only 12 people selected from around the world.

Ms Barr will apply the insights gained from this study tour, together with the findings from her current doctoral research on conciliation, to develop specialist approaches to complaint resolution in the mental health sector, with a focus on promoting effective access and outcomes for people with mental illness and their families.

Research focus: Regulating International Marriage Migration

By Professor Susan Kneebone

Professor Susan Kneebone

Legal responses to human trafficking often conform to the adage that ‘men migrate, but women are trafficked’.  But in our region, South East Asia, international marriage migration, which involves the movement of women, is emerging as a crucial example of the ‘feminisation’ of intra-regional migration and as a development strategy.  The main destination states for marriage migrants from Cambodia and Vietnam are South Korea, China and Taiwan.  For example, between 1987, when martial law was lifted, and 2008 it is estimated that 386,329 foreign women registered their marriages in Taiwan[1].   In 2005 it was reported that almost 14 percent of marriages in South Korea involved a foreign spouse[2].   Often the legal responses of states to international marriage migration involve conflating the issues with exploitation and human trafficking.  For example in 2008 the Cambodian Government issued a temporary ban on all foreign marriages amid concerns over the increase in number of commercial marriage brokers springing up to facilitate demands in marriage migration to East Asia.  Specifically, the ban followed as a result of findings published in a report issued by an International Organisation that examined vulnerabilities to human trafficking and other forms of exploitation faced by women who engaged or were recruited by commercial marriage agencies for prospective Korean grooms.  The ban was subsequently lifted and then reinstated.  Nevertheless, the number of marriages between Korean nationals and Cambodian brides continued to increase.  These responses and perceptions in turn impact upon how ‘foreign brides’ are received in Australia where there is a tendency to ‘problematise’ these arrangements as ‘forced’ or ‘servile’ marriage.

Professional know-how

The Commercial Law Group

The Commercial Law Group (CLG), Faculty of Law, Monash University has a strong emphasis upon the commercial dimensions of private, transnational, and international law in academic research and teaching.

It has just under 30 Faculty members actively engaged in a broad range of commercial research and teaching areas that include both higher research degree supervisions as well as electives and core units within the LLB, JD, and LLM courses.

The CLG has been active, holding a range of seminars both last year and this year. It features single current and topical events as well as two dynamic seminar series. The two seminar series are the Commercial CPD Seminar Series and the National Commercial Law Seminar Series. These two seminar series are separate and complimentary ventures that focus upon important current issues involving commercial law matters.

Dean’s message and invitation

Professor Bryan Horrigan

Welcome to this first edition of our new e-newsletter, The Monash Law e-Briefing. It is being launched in our Faculty’s 50th anniversary year. We hope that it keeps our alumni and the broader legal profession informed and connected with us and one another. Complementing our twice-yearly publication of Law Matters, The Monash Law e-Briefing is designed to be an accessible, regular, and useful briefing on Faculty matters and commentary of interest and relevance to you.

Now recognised as a truly global law faculty, we attract top students, provide first-rate opportunities, produce world-class research, and benefit from high-quality alumni, many of whom are well known as thought leaders and pioneers in their chosen professional careers throughout the world. In keeping with this societal outreach and track record after 50 years, The Monash Law e-Briefing aims to provide many things of value to you in your everyday work, engagement with us, and connections with others in professional life.

Celebrating achievement: Honorary Graduand - Daw Aung San Suu Kyi

Doctor of Laws honoris causa:
Daw Aung San Suu Kyi

Our Faculty feels privileged to be involved in recognising world leaders and advocates for their important work and the Dean attended a milestone event in this regard late last year. 

On Saturday 30 November 2013, Dr Alan Finkel AM, the Chancellor of Monash University conferred a degree of Doctor of Laws honoris causa upon Daw Aung San Suu Kyi, Chairperson, National League for Democracy, Burma. Daw Suu Kyi is well known and greatly respected as an advocate for democracy, reconciliation, peace, non-violence and protection of human rights.

Expert legal commentary: Revised ASX Corporate Governance Principles and Recommendations

By Bruce Dyer, Partner and Corey Lewis, Special Counsel, Ashurst Australia

Mr Bruce Dyer

Mr Corey Lewis

The ASX Corporate Governance Council has undertaken consultation on a draft 3rd edition of its Principles and Recommendations, expected to come into effect for financial years commencing on and after 1 July 2014.  The Principles are important, and not just for ASX listed entities (which need to report whether they comply, and if not, why not).  The Principles are also adopted, formally or informally, by a wide range of other organisations. 

The changes in the 3rd edition include (for others see link (pdf, 273kb)):

Tenure and independence
Tenure of more than 9 years has been added as an indicator that a director may not be independent (which is relevant in determining whether there is a majority of independent directors, as recommended, on the board and certain committees).  This will not preclude such directors being treated as independent where appropriate, but is likely in practice to reduce the number of directors with longer tenure.  Whether this is desirable, given the consequential loss of experience and corporate memory it risks, is open to question.

Expert legal commentary: Children and human rights abuses: coming to an international stage?

Associate Professor
Paula Gerber

By Associate Professor Paula Gerber
Lecturer, Faculty of Law, Monash University

For the first time, children will soon be able to bring complaints of human rights violations to the United Nations. Although the UN’s Convention on the Rights of the Child has been in operation since 1990, there has not been a mechanism for children to bring a complaint that a government is breaching their rights until now.

This is in stark contrast to the UN’s other major human rights treaties, all of which have a process for people to bring allegations of human rights abuses.

In December 2011, the UN sought to rectify this omission by adopting an Optional Protocol to the convention. This sets up a system for children to bring a complaint to the committee, made up of 18 independent, international child rights experts. The Optional Protocol enters into force three months after the tenth country ratifies it and, on January 14, Costa Rica did just that.

Read the full commentary on The Conversation where this article was first published.

Professional know-how

Public Interest Law Careers Guide

The Public Interest Law Careers Guide (which was created with the assistance of the Castan Centre for Human Rights Law) may be of interest to you if you are looking for job opportunities in this field.

• Castan Centre Careers guide website

Further study

The Faculty of Law offers a number of options for further study of the law to assist you with your legal practise, to improve your understanding of a particular area of law, to further develop your research and writing skills or to assist you in completing the mandatory CPD requirements of legal practice.