Same-sex couples are becoming parents in increasing numbers through the use of IVF and alternative insemination, and to a lesser degree through surrogacy and adoption. Often, these couples form their families using a sperm or egg donor whom they know, and with whom they have agreed will also be a parent to the child. In these circumstances, children may have more than two people who are their parents. Birth certificates have not kept pace with these changes in family structures. Although every Australian state and territory allows children with two lesbian mothers to have both mothers registered on their birth certificates, there is no provision allowing for more than two parents to be recorded. This article analyses the purpose of birth certificates, and the domestic and international law relating to these important documents. It considers what other countries are doing to ensure that children in same-sex families can have all their parents recorded on their birth certificates, and concludes with recommendations about how Australia should modernise its birth certificates to allow for the recording of up to four parents.

The International Arbitration Act 1974 (Cth) is a Commonwealth Act that implements Australia’s obligations to enforce and recognise foreign arbitration agreements and arbitral awards under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1959. The avowed purpose of the reforms was to position Australia as an attractive seat for arbitration in the Asia-Pacific region. Given the elapse of time since the amendments, it is opportune to reflect on how far Australia has come in that time, and the challenges and opportunities going forward. Undoubtedly, there has been a shift in the attitude of Australian courts towards greater judicial support and less judicial intervention in the arbitration process. Based on an extensive discussion of a particular dispute, TCL v Castel, the paper highlights that the High Court’s judgment confirms Australia is an arbitration-friendly jurisdiction. Had the decision gone the other way, it may have sounded the death knell for international arbitration in Australia.

Recidivism is typically embraced as the sole or primary outcome measure of success for offender intervention programs. Focusing specifically on tertiary prevention approaches for juvenile offenders, this article firstly argues that there are significant limitations in using rates of recidivism as the primary outcome measure of program success. This article describes the Risk-Needs-Responsivity model and the Good Lives Model as examples of models which can be used to inform the selection of appropriate outcome measures for program evaluation. This article provides three examples of recent outcome evaluation studies which sought to determine the effectiveness of post-sentencing tertiary intervention programs for juvenile offenders using a broad range of indicators of success. Finally, this article suggests alternative outcome measures that might be usefully incorporated in future program design, as well as the monitoring and evaluation of existing programs.

Interview with the Chief Magistrate of the Magistrates’ Court of Victoria conducted on 10 July 2015 at the Magistrates’ Court of Victoria in Melbourne.

This article argues that the current provisions which govern job security clauses in collective agreements are ambiguous and problematic. Specifically, the ‘permitted matters’ law is unclear and inconsistently interpreted. Cases which concern almost identical job security clauses have received different treatments. The requirement to consider ‘the interests of employees and employers’ when arbitrating workplace determinations is also ambiguous. It is unclear whether employees’ job security is an interest that should be taken into account, and if so, how much weight should be placed on this consideration. This article argues that the law should be amended to address these ambiguities and to ensure more predictable and fairer outcomes. In contrast with the current provisions, the abolished rules ‘prohibited content’ were clearer and less ambiguous.

Against a background of several serious local and international match-fixing scandals, this paper considers the efficacy of the ‘Cheating at Gambling’ provisions introduced recently within Australian jurisdictions for the purpose of combating corruption in sport, and compares the usefulness of these provisions with the general offence of fraud, the ‘traditional’ means by which the criminal law dealt with sports corruption. While the ‘Cheating at Gambling’ provisions are an arguable advance on previous statutory approaches in prosecuting and deterring sports corruption, this paper suggests that shortfalls remain, in particular whether the new provisions are able to deal adequately with the use of ‘inside knowledge’ and the ‘soft’ corruption of ‘tanking’, practices that have, over a considerable period of time, been tolerated if not accepted by some sports.


 
 
 Foreword to Volume 4, Issue 1. 
 
 

There are two reported cases in which courts have been asked to declare lawful surgery to separate conjoined twins where it is known that one twin will die during the procedure. Although judges granted the declaration sought, the two written decisions one from the common law jurisdiction of England and Wales, the other from a code jurisdiction in Queensland, Australia are problematic. This paper argues that neither of these cases provides a principled or certain basis for exculpating doctors in a future conjoined twin case, particularly if this case does not involve infant conjoined twins, one of whom is dying or is severely disabled.

The Commercial Arbitration Act 2011 has expanded the potential for arbitration to grow as a more popular method of dispute resolution and as a realistically feasible alternative to litigation. National reform has created greater procedural certainty and predictability and has solidified the overarching benefits of arbitration. This has been achieved through various avenues, such as incorporating efficiency, both in cost and time, into the legislation. Further, the purpose in the Act has been given a meaningful status in the interpretation of the subsequent provisions. The case law demonstrates the broad way in which arbitration agreements and the subject matter to which they are applied are interpreted where appropriate, without undermining party autonomy where a narrower approach is to be preferred and is indeed required. The authors explore the Act, its effects and operation as well as highlighting trends and unique examples in case law as to how arbitration has progressed in Victoria, as well as in other states within Australia.