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Torts and Human Rights: Australian Federal Court Paves the Way for Negligence Based Climate Litigation

By Dr Joanna Kyriakakis Torts and Human Rights Traditional tort law thinking emphasises the inter-personal nature of torts claims. Unlike public law, tort law is primarily about repairing the bilateral private relationship between two persons rather than constraining exercises of state power over rights. Nonetheless, tort law offers real prospects for litigants to pursue human…
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If you don’t have a COVID vaccination certificate, could you be banned from restaurants, shops and theatres?

By Maria O’Sullivan Vaccine passports are an increasingly likely proposition in Australia. Last week, national cabinet “welcomed” a new COVID-19 digital vaccination certificate, which will be made available through the Medicare app or myGov. This week, government services minister Linda Reynolds confirmed Australians who have had two doses would be able to access a certificate. Australians are…
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Is Empathy Training the Answer to Advancing Gender Equality?

By Michaela Guthridge Allegations of trolling, upskirting, and a mocking apology by federal MP Andrew Laming are just the latest in a litany of reports which have revealed systemic issues of gender inequality in our nation’s capital. In response to these allegations, Prime Minister Scott Morrison directed Laming to undertake empathy training. These incidents are…
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COVID-19 Travel Bans and International Human Rights

By Dr Heli Askola The recent travel ban on arrivals from India to Australia has been all over the news this week. There has been debate over whether the pausing of flights until 15 May 2021, and the potential use of the Biosecurity Act 2015 to fine those who return to Australia from India, is…
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No, prime minister, sexual assault allegations are not only a matter for the police

By Karen O’Connell and Liam Elphick Following the allegations of rape against attorney general Christian Porter, which he firmly denies, Scott Morrison has insisted that alleged sexual assault can only be dealt with in criminal law. “I am not the police force,” he said when asked for his response as prime minister. “That is a matter for…

