Australian Feminist Judgments - Others - Law

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Australian Feminist Judgments

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This book brings together feminist academics and lawyers 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 feminist approaches 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 rewriting 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 sovereignty, constitutional law, immigration, taxation 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.

Introduction: Righting Australian Law

Heather Douglas, Francesca Bartlett, Trish Luker and Rosemary Hunter

Reflections on Rewriting the Law

Heather Douglas, Francesca Bartlett, Trish Luker and Rosemary Hunter

Part I Public Law Constitutional Law

Kartinyeri v The Commonwealth [1998] HCA

Commentary: Kathy Bowrey

First Nations Stories, Grandmother’s Law: Too Many Stories to Tell: Irene Watson

R v Pearson; Ex parte Sipka [1983] HCA 6

Feminism and the Franchise: Elisa Arcioni

Judgment: Kim Rubenstein

Dietrich v R [1992] HCA

Commentary: Margaret Davies

Judgment: Reg Graycar and Jenny Morgan

Tax Law

Lodge v Federal Commissioner of Taxation [1972] HCA

Commentary: Ann O’Connell

Judgment: Kerrie Sadiq

Immigration Law

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

Appellant S395/2002 v Minister for Immigration and Multicultural Affairs[2003] HCA

Commentary: Wayne Morgan

Judgment: Nan Seuffert

Environmental Law

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

Torts

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

Equity

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

Evidence

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

Sentencing

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

Heather Douglas and Francesca Bartlett research and teach at the T C Beirne School of Law, The University of Queensland. Trish Luker is a Chancellor's Postdoctoral Research Fellow at the Faculty of Law, University of Technology, Sydney Rosemary Hunter is a Professor at Kent Law School, University of Kent.