HDR student profiles

Nicolas Augoustinos Nicolas Augoustinos
Project Title: Principles of cultural heritage law and the international guardianship of the Greek Orthodox heritage of Cyprus, Turkey and Albania
Supervisors: Professor Craig Forrest
Biosketch:

Nicholas is a Senior Lecturer with The University of Notre Dame Australia School of Law, Sydney.

Nicholas’s doctoral research aims to contribute to our understanding of the nature of cultural heritage law by examining:

  • the impact of that law in the context of the protection of the movable and immovable heritage of the Greek Orthodox Church situated in (or sourced from) the abovementioned areas; and
  • the ability of the Greek Orthodox Church to engage in the international legal regimes which have been established for the protection of cultural heritage.
Publications:
  • Nicholas Augustinos, ‘The Protection of Cultural Heritage in the Event of Armed Conflict: the Cyprus Experience’ in N. Palmer (Ed) The Recovery of Stolen Art (Kluwer Law International, London, 1998).
Interests: In addition to cultural heritage law, Nicholas’s research interests include taxation law. He has published articles in various peer-reviewed, ERA-listed journals including the Australian Tax Review, the Australian Tax Forum, the Revenue Law Journal, the Journal of Australian Taxation and the Journal of the Australasian Tax Teachers’ Association.

 

Victoria Baumfield  Victoria Baumfield
Project Title:  Restoring a public focus to government business enterprises (GBEs): Proposals to make GBEs more responsive to public concerns
Supervisors: Prof Ross Grantham
Professor Graeme Orr
Biosketch:

Tory Baumfield is an Assistant Professor at Bond University and a member of the New York Bar.

Tory received her B.A., cum laude, in International Relations and French from the University of Pennsylvania in 1994 and her J.D. from Columbia Law School, where she was Head Notes Editor of the Columbia Journal of Transnational Law, in 1997.  Tory then worked as a commercial litigator at a large Wall Street law firm for 9 years before moving to Australia.  She represented corporate clients on topics including French banking law during the Nazi occupation, the alleged expropriation of foreign infrastructure assets in China, and reinsurance rescission actions.

Tory currently teaches Corporations Law and an elective on American law.  Tory's research focuses on the corporate governance of government businesses. She has published and presented at conferences in this area, and is currently pursuing her PhD on this topic at the University of Queensland.
Publications:
  • Victoria Schnure Baumfield, “The Allconnex Water Debacle: Lessons in Devising Better Governance Mechanisms for Government Business Entities” (2013) 24(2) Bond Law Review 1-63.
  • Victoria Schnure Baumfield, “Corporate Class Actions – A Primer”, Corporate Governance eJournal, published: September 19, 2009.  ISSN:  1836-1110.
  • Victoria Schnure Baumfield, “The Pleadings and Other Documents Used in Federal Court Litigation:  How a Federal Case Gets to Trial”, The National Legal Eagle (Spring 2010).

 

Ana Borges Jelinic Ana Borges
Project Title:  Migration and Domestic Violence: Women’s experiences of proving domestic violence as a requirement for permanent residency in Australia
Supervisor: Professor Heather Douglas, A/Prof Liz Mackinlay and Dr Jason Chin
Biosketch:

Increasing numbers of migrant women on partner visas move to Australia every year, despite concerns regarding immigration and national security and a persistent high level of domestic violence in the country. Many migrant women, from all cultural and social backgrounds become trapped in abusive relationships, due to a combination of complex personal and systemic reasons. The situation is worsened by the existence of severe deficiencies in the immigration processes in Australia that directly affect these women. Through 20 semi-structured interviews, this project aims to analyse how these migrant women’s needs and challenges intersect through the immigration process, and how the process impacts their mental health. The research also explores how other countries' legal systems address similar situations comparing legal alternatives while questioning the need for reform in Australia. 

Ana graduated in Psychology with Honors at Pontificia Universidade Catolica (PUC-SP) in Brazil. She holds a Graduate Certificate in Education from Griffith University and a research Masters (MPhil) in Education, Multiculturalism and Gender from the University of Queensland (UQ). In 2016, Ana became a PHD candidate at the School of Law, UQ.  Currently, Ana is part of the management board of Women’s Community Aid Association (WCAA) and an advisor for the Culturally Responsive Health Project at TRUE (former Family Planning Clinic Queensland).

Publications:

 

  • Borges Jelinic, Ana (2015) Learning through Friendships: What are migrant girls learning with their school peers and how could it be improved. Redress, April 2015 – Edited by the Association of Women’s Educators.
  • Borges Jelinic, Ana (2014) The migrant girls’ voices: Gender and multiculturalism at school. Book Chapter. Complex Migration of Global Citizens, Ed. Lillian Mwanri and Jacob Waldenmaier, Inter-Disciplinary Press, Oxford.
  • Borges Jelinic, Ana (2013) Gender and Multiculturalism at school: The migrant girls’ voices. Redress – Edited by The Association of Women’s Educator.
Seminars and conferences:

May 2017 - Supporting migrant Women experiencing domestic violence at Community training in DV by Wolloongabba local Council and BRISSC - Qld.

March 2017- Research paper:  Migration and Domestic Violence: Women’s experiences under partner visas in Australia at Not Now not ever Conference, Mackay, Qld.

June 2016 – Research paper: Domestic violence and immigration at the Association of Women and Gender Studies of Australia (AWGSA).

October 2014 – Research paper: Gender and multiculturalismNESB girls’ experiences at school at the Association of Women’s Educators’ National Biannual Conference (AWE), Qld

September 2013 – Research paper: Bernadette’s Story, at the 5th Multiculturalism and Belonging Conference at the University of Oxford, England.

May 2013 – Research paper: The NESB girls’ voices, at the 3rd IAFOR Conference on Cultural Studies in Osaka, Japan.

February 2012- Presented paper: Best practices in Support Work, at the International Women’s Shelter conference in Washington, DC, USA.

2008 – Research paper Gender and Education in Qld, Brisbane International Feminist Conference, QLD.

 

Jocelyn Bosse Jocelyn Bosse
Project Title: 

Fragmentation of Access and Benefit Sharing Laws in Australia: The Case Studies of Kakadu Plum and Spinifex Grass

Supervisor: Professor Brad Sherman
Biosketch:

Jocelyn is a researcher in the ARC project, ‘Harnessing Intellectual Property to Build Food Security’. Her project examines the implementation of access and benefit sharing laws in Australia, pursuant to Article 8(j) of the United Nations Convention on Biological Diversity 1992. It includes a detailed review of the biodiscovery frameworks in the States, Territories and Commonwealth, in light of the pressures for Australia to ratify the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity.

The thesis will then explore access and benefit sharing regulation in the context of two case studies of partnership with Indigenous communities: the scientific and commercial research about Kakadu plum (Terminalia ferdinandiana) and spinifex grass (Triodia pungens). Ultimately, the hope is to move beyond dichotomous thinking, to reconceptualise issues of access to and use of genetic resources in a manner that might promote food security, diffuse agricultural innovations, and ensure protection of the interests of both providers and users of resources and associated knowledge.

Jocelyn completed her undergraduate studies at the University of Queensland, where she obtained dual Bachelors of Science/Laws (Honours) with a concurrent Diploma of Languages (French). During her science studies, she conducted three undergraduate research projects in plant biology and agricultural science and graduated from the UQ Advanced Study Program in Science (ASPinS). Her interests are in the areas of intellectual property, public international law, and the law of the World Trade Organization (WTO).

Publications:
  • Jocelyn Bosse, ‘Biopiracy in Queensland: A broken record that needs repair' (2016) 12(2) Trade Insight 35. Available at: http://www.sawtee.org/publications/Trade-Insight35.pdf
  • JH Mitchell, SL Zulkafli, J Bosse, B Campbell, P Snell, ES Mace, ID Godwin and S Fukai, ‘Rice-cold tolerance across reproductive stages’ (2016) 67(8) Crop and Pasture Science 823-833. doi:10.1071/CP15331

 

Sam Boyle
Scholarship: University of Queensland Research Scholarship (UQRS)
Project Title:  Capacity and Treatment Refusal: How law does and should deal with the case of Anorexia Nervosa
Supervisor: Associate Professor Tamara Walsh
Biosketch:

Sam is a researcher in the field of capacity and mental health law. He is considering the question of capacity in the case of anorexia nervosa, and the wider implications for the law of capacity.

Sam has lectured at the University of Kent in the United Kingdom in property law and public law, and is lecturing and tutoring in various subjects, including property law, at the University of Queensland.

Sam has a Bachelor of Science from the University of Queensland, a Bachelor of Laws from Queensland University of Technology and an LLM from the University of Kent. Sam has published research in the areas of ecology, environmental law and property law.

Sam is also an admitted lawyer and has worked as a lawyer and paralegal with Queensland Public Interest Law Clearing House, a community legal centre based in Brisbane.

Publications:
  • Boyle, Sam (2016) ‘Medical Evidence of Capacity in a Legal Setting: How Reliant Are Courts on Doctors’ Views?’ (Forthcoming)
  • Boyle, Sam (2015) ‘Fraud against the registrar: Why the ‘De Jager line’ of authority is incorrect, and how unfairness in the Torrens system caused it to arise’ 24(2) Australian Property Law Journal 305.
  • Boyle, Sam (2014) ‘The Case for Regulation of Agricultural Water Pollution’ 16(1) Environmental Law Review 4.
  • Boyle, Sam (2012) ‘The Water Framework Directive: why is ‘good status’ proving such an elusive goal?’ 22(1) Water Law 19.
  • McNamara, S, Erskine PD, Lamb DL, Latsamay C and Boyle, S (2012) ‘The Resilience of Seasonally Dry Tropical Forests in Lao PDR to Varying Levels of Disturbance’ 281 Forest Ecology and Management 93.
Mark Deng  
Project Title:  Constitutional Transformations: Failure and Opportunity in Post-Independence South Sudan
Supervisor: Dr Caitlin Goss and Professor Graeme Orr
Biosketch:

Mark Deng is a refugee from South Sudan. He moved to Australia in 2003. He holds LLB from James Cook University and and LL.M from the University of Queensland.

Publications:
Andrew Fell  
Project Title:  ‘Coherence’ in Australian Law: A Review of the High Court’s approach
Supervisor: Professor Kit Barker and Professor Ross Grantham
Biosketch:

Andrew graduated with an LLB from the University of Queensland in 2015, and commenced his PhD in 2016. His research examines the concept of ‘coherence in the law’, as relied on by the High Court of Australia. It seeks to understand this concept and identify its possible normative foundations. He is interested in all aspects of private law and general legal theory, and has a sideline interest in moral philosophy and the theory of reasons.

Publications:
  • Fell, Andrew, ‘The Concept of Coherence in Australian Private Law’ (2018) 41(3) Melbourne University Law Review (advance)

 

Lorraine Finlay Lorraine Finlay
Project Title:  The Universal Franchise: The Protection of Voting Rights under the Australian Constitution
Supervisors: Professor James Allan
Professor Nicholas Aroney
Biosketch:

Lorraine has been a law lecturer at Murdoch University since 2010.  She currently lectures in Constitutional Law and International Human Rights Law, and is also the Director of the Moot Program.

Before joining Murdoch University Lorraine worked as a State Prosecutor at the Office of the Director of Public Prosecutions (WA) and at the High Court of Australia as the Legal Research Officer and then as an Associate to The Hon. Justice J D Heydon.  In 2009 she was selected as a Singapura Scholar with the NYU@NUS program and was awarded a dual LL.M from New York University and the National University of Singapore.

Lorraine’s PhD examines voting rights under the Australian Constitution and the extent to which the universal franchise is constitutionally protected.  In addition to constitutional law, Lorraine’s research interests include criminal law, international criminal law and public international law.
Publications:

Recent publications include:

  • Lorraine Finlay & Tyrone Kirchengast, Criminal Law in Australia (LexisNexis, 2014).
  • Augusto Zimmermann & Lorraine Finlay, ‘Suri Ratnapala’s Contribution to the Understanding of the Rule of Law’ (2014) 33(2) University of Queensland Law Journal367.
  • Augusto Zimmermann & Lorraine Finlay, ‘A Forgotten Freedom: Protecting Freedom of Speech in an Age of Political Correctness’ (2014) 14 Macquarie Law Journal 185.
  • Lorraine Finlay, ‘The Power of the Purse: An Examination of Fiscal Federalism in Australia’ (2012) 24 Journal of Constitutional History 81.
  • Lorraine Finlay, ‘Indigenous Recognition: Some Issues’ in The Samuel Griffith Society, Upholding the Australian Constitution (Proceedings from the 24th Conference) (2012).

Books   

  • No Offence Intended: Why 18C is Wrong (Connor Court Publishing, 2016) (co-authored with Joshua Forrester & Do Augusto Zimmermann)
  • Criminal Law in Australia (LexisNexis, 2014) (co-authored with Dr Tyrone Kirchengast).

Book Chapters

  • “Getting Back to Basics: Law-Making 101” in J. Allan (ed), Making Australia Right: Where to from here? (Connor Court Publishing, 2016).

Journal Articles

  • “Addressing Obstacles to Cyber Attribution: A Model Based on State Response to Cyber Attack” (2017) 49 The George Washington International Law Review 535 (co-authored with Dr Christian Payne).
  • “An Opportunity Missed? A Constitutional Analysis of Proposed Reforms to Tasmania’s ‘Hate Speech’ Laws” (2016) 7 The West Australian Jurist 375 (co-authored with Joshua Forrester & Dr Augusto Zimmermann).
  • “Environmentally Sensitive Areas in Western Australia: Highlighting the Limits of the ‘Just Terms’ guarantee” (2016) 41(1) University of Western Australia Law Review 49.
  • “It’s a Small World (After All): The Role of International Bodies in Legislative Scrutiny” (2016) 7 The Western Australian Jurist 65.
  • “The McMullan Principle: Ministerial Advisors & Parliamentary Committees” (2016) 35(1) University of Tasmania Law Review 69.
  • “Protesting the Anti-Protest Laws: Will a Constitutional Challenge Succeed?” (2016) 31(3) Australian Environment Review 67 (co-authored with Professor Nicholas Aroney).

 

Katrina Kluss Katrina Kluss
Project Title: 

Towards the Ideal in a Non-Ideal World: The case for assigning legal personhood to non-human animals in Australia

Supervisor: Dr Justine Bell-James
Professor Jonathon Crowe (Bond University)
Dr Steven White (Griffith University)
Biosketch:

Katrina is a barrister at the private bar, practising primarily in the areas of insurance, employment law, administrative law, and wills and estates. 

Katrina’s thesis develops a theoretical framework relating to the categorisation of animals at law, and proposes ways in which this theory may be practically implemented into the Australian legal system. This framework ultimately provides for an expanded conception and application of legal personhood, by combining John Rawls’ ideal and non-ideal theory and Professor Steven Wise's scale of practical autonomy.

Publications:
  • Clive Phillips and Katrina Kluss, “Animal Welfare vs Animal Rights”, in Colin Scanes and Samia Toukhsati (eds) Animals and Human Society (Elsevier, 2017).
  • Katrina Craig "Beefing Up the Standard: The Ramifications of Australia's Regulation of Live Export and Suggestions for Reform" (2013) 11 Macquarie Law Journal 51. 

 

Helen Gregorczuk   
Project Title:  Toward a new framework for fair collection of personal information by retailers in the age of big data and analytics?
Supervisor: Dr Mark Burdon
Biosketch:

Helen Gregorczuk has worked across Queensland and UK government as a policy advisor in access to information law, transport and disability services. She has also been a tutor in constitutional and administrative law at Griffith University law school, a parliamentary researcher, a privacy and information law specialist and compliance manager. She has also worked as a privacy consultant and occupied a variety of roles at the Queensland Information Commissioner and UK Information Commissioner’s Office. She has a specialism in information law, administrative law and environmental law and currently works in the governance branch of the Logan City Council. She holds a Bachelor of Laws and Master of Laws degrees from QUT and spent a year as an undergraduate at University of Toronto.

Helen’s research is looking at the technologies being employed by bricks and mortar retailers to gather and analyse vast quantities of customer data in the context of the Privacy Act and questions whether a new framework for ‘fair collection’ of personal information is required given that many people are unaware that their data is being collected and even where they are aware, they often do not know for what purpose.

 

David James Jefferson David James Jefferson
Project Title: Buen Vivir: Agriculture, Food Sovereignty, and the Re-imagination of Intellectual Property in Ecuador
Supervisors: Professor Brad Sherman
Biosketch:

David is a PhD candidate at the TC Beirne School of Law. David’s PhD project examines the theory, motivations, objectives, and expected impact of the new draft Ecuadorian intellectual property (IP) law, which is entitled the “Organic Code for the Social Knowledge and Innovation Economy of Ecuador” (the “Código Ingenios”). David’s research focuses especially on components of the Código Ingenios that are relevant to Andean agricultural practices, food sovereignty, and traditional knowledge. However, the project also broadly investigates how the Código could represent a redefinition – or reconceptualisation – of legal frameworks granting intellectual property rights, both within Ecuador, regionally, and internationally.

David holds a Juris Doctorate (JD) degree from the University of California and a Masters of Arts in Community Psychology from Suffolk University. David has conducted work in the area of intellectual property law for several years, including under the auspices of a United States Fulbright Scholar grant, and as a Law & Policy Analyst with the Public Intellectual Property Resource for Agriculture (PIPRA), based at the University of California, Davis. David has lived in worked in multiple countries, but has a particular interest in Latin America.

Publications:
  • Jefferson, D. J., Fraire, I. S., & Beltrán-Morales, L. F. (2018). Intellectual Property and the Governance of Plant Genetic Resources in Mexico: Trends and Implications for Research and Innovation. In Mexican Natural Resources Management and Biodiversity Conservation (pp. 131-148). Springer, Cham.
  • *Jefferson, D. J. (2016, forthcoming). Ingenuity and the Re-Imagining of Intellectual Property: An Introduction to the Código Ingenios of Ecuador. European Intellectual Property Review.
  • *Jefferson, D. J. (28 de junio de 2016). Código Ingenios: La reconceptualización de la propiedad intellectual en la mitad del mundo. El Telégrafo. http://www.eltelegrafo.com.ec/noticias/sociedad/4/codigo-ingenios-la-reconceptualizacion-de-la-propiedad-intelectual-en-la-mitad-del-mundo.
  • Alandete-Saez, M., *Jefferson, D. J., & Bennett, A. B. (2016). Intellectual Property in Agricultural Biotechnology: From Patent Thickets to Generics. In Intellectual Property Issues in Biotechnology (Singh, H.B., Jha, A., & Keswani, C., eds.). CABI, UK.
  • *Jefferson, D. J., & Padmanabhan, M. S. (2016). Recent Evolutions in Intellectual Property Frameworks for Agricultural Biotechnology: A Worldwide Survey. Asian Biotechnology and Development Review, 18(1), 17-37.
  • *Jefferson, D. J. (2015). Biosociality, Reimagined: A Global Distributive Justice Framework for Ownership of Human Genetic Material. Chicago-Kent Journal of Intellectual Property 14(2), 357-378.
  • *Jefferson, D. J., Graff, G. D., Chi-Ham, C. L., & Bennett, A. B. (2015). The Emergence of Agbiogenerics. Nature Biotechnology, 33(8), 819-823.
  • *Jefferson, D. J., Camacho, A. B., & Chi-Ham, C. L. (2014). Towards a Balanced Regime of Intellectual Property Rights for Agricultural Innovations. Journal of Intellectual Property Rights, 19(6), 395-403.
  • Jefferson, D. J. (2014). Development, Farmers’ Rights, and the Ley Monsanto: The Struggle Over the Ratification of UPOV 91 in Chile. IDEA: The Intellectual Property Law Review, 55(1), 31-78.
  • *Jefferson, D. J. & Harkins, D. A. (2011). “Hey, I’ve got a voice too!” Narratives of adversity, growth and empowerment. Journal for Social Action in Counseling and Psychology, 3(2), 104-128.
Interests: David is an avid and active rock climber and mountaineer. He is also an RYT-certified anusara yoga instructor. Additional interests include Spanish and Portuguese language and cultural studies, music, and vintage motorcycles.

 

Scott Kiel-Chisholm Scott Kiel-Chisholm
Project Title: Civil Liability Challenges for the Law and Neural Interface Devices: Reconceptualising the Law
Supervisors: Dr Alan Davidson
Professor John Devereux
Qualifications: BBus (Hons) (QAC) LLB (Hons) BCom (Griffith) LLM (Qld)
Biosketch:

Scott is a Lecturer at the Queensland University of Technology Law School and teaches in Civil Procedure and Torts. Scott was awarded a Master of Laws specialising in intellectual property law from The University of Queensland in 2007 and is a member of the Queensland Committee of the Intellectual Property Society of Australia and New Zealand. After practising law in litigation at Blake Dawson Waldron (now Ashurst), McInnes Wilson and Home Wilkinson Lowry (now HWL Ebsworth) he became the Project Manager of the OAK (Open Access to Knowledge) Law Project and the Legal Framework for e-Research Project, both lead by Professor Brian Fitzgerald at QUT and funded by the Australian Commonwealth Government. Scott believes that the rapid advancement of technological development in neural interface devices is exciting and provides ample opportunity to examine and investigate traditional and emerging legal issues. This provides the framework for his research.

Publications:

Kiel-Chisholm, Scott & Devereux, John (2015) The ghost in the machine: Legal challenges of neural interface devices. The Tort Law Review, 23(1), pp.32-44.

 

Constance Lee Constance Lee
Scholarship: Australian Postgraduate Award (APA)
Project Title: Constitutionalism and Conceptions of Human Depravity: A Return to Reformed Natural Law Foundations
Supervisors: Professor Nicholas Aroney
Professor Jonathan Crowe
Biosketch:

Constance has completed her Masters of Laws and Bachelor of Laws at the University of Queensland. She was also admitted as a solicitor of the Supreme Court of Queensland in 2012 and continues to work as a licensed practitioner in the areas of criminal law, civil and commercial litigation.

As an academic, Constance has been a research associate and sessional tutor at the University of Queensland, teaching and researching mainly on the topics of Jurisprudence and Constitutional Law.

Constance’s PhD will examine natural law theory from a Reformed perspective with a view to identifying the moral foundations for constitutional law thought. It will begin by highlighting constitutionalism’s need for normative foundations. A detailed review of the new natural law approach to ethics will be undertaken with a view to examining the role it assigns to humans in moral and legal decision-making. This review will reveal that human rationality is allocated a significant role in the determination of moral validity. The reliance on human rationality fails to acknowledge the fallibility of humans. Subsequent chapters will explore the differing conceptions of human fallibility postulated by Thomist and Reformed approaches to natural law. The thesis will then go on to explore and apply the conception of human depravity, particularly as expounded by Augustine, to see what normative foundations it provides for the constitutional ideal of limiting government powers.

Publications:
  • Constance Youngwon Lee, ‘Constitutional Silences and the Doctrine of Institutional Integrity’ in Rebecca Ananian-Welsh and Jonathan Crowe (eds) Judicial Independence in Australia (Federation Press, 2016) 124
  • Constance Youngwon Lee and Jonathan Crowe, ‘The Deafening Silence of the ‘Comfort Women’: A Response Based on Lyotard and Irigaray’ (2015) 2(2) Asian Journal of Law and Society 339
  • Jonathan Crowe and Constance Youngwon Lee, ‘Law as Memory’ (2015) 28(3) Law and Critique 251
  • Constance Youngwon Lee ‘Calvinist Natural Law and Constitutionalism’ (2014) 39 Australian Journal of Legal Philosophy 1
  • Constance Youngwon Lee, ‘Calvinist Natural Law and the Ultimate Good’ (2014) 5 The Western Australian Jurist 153
  • Constance Youngwon Lee and Jonathan Crowe, Review of Wen-Chen Chang, Li-ann Thio, Kevin YL Tan and Juiunn-rong Yeh, Constitutionalism in Asia: Cases and Materials [2014] LAWASIA Journal 125
  • Jonathan Crowe and Constance Youngwon Lee, Constitutionalism, power and equality in contemporary Korea [2013] LAWASIA Journal 113

 

Joseph Lelliott Jospeh Lelliot
Scholarship: Australian Postgraduate Award (APA)
Project Title:  Smuggling of Unaccompanied Minors: Typology, International Law, and Domestic Practice
Supervisor: Professor Andreas Schloenhardt
Associate Professor Peter Billings
Biosketch:

Joseph holds an LLB(Hons)/BA from the University of Queensland, with majors in International Relations and English Literature. Joseph has served as a consultant to the United Nations Office on Drugs and Crime, and previously as a researcher on the UNODC report ‘Migrant Smuggling in Asia: Current Trends and Related Challenges’ (2015). He has also worked as a research assistant to Professor Andreas Schloenhardt and Dr Paul Harpur. Joseph conducted research at the University of Vienna in 2016 with the support of a Graduate School International Travel Award Scholarship. He has been a member and researcher within the UQ Migrant Smuggling Working Group since 2013. Joseph teaches criminal law and criminal procedure.

Joseph’s PhD concerns the smuggling of unaccompanied minors. His PhD examines the levels, characteristics, and causes of the phenomenon, together with relevant international and domestic legal frameworks relating to such smuggling. Joseph is interested in all aspects of migrant smuggling, human trafficking, and forced migration - including intersections with refugee law and international human rights law (in particular the rights of the child).

Publications:
  • Andreas Schloenhardt and Joseph Lelliott, 'Migrant Children and the United Nations Protocols against Smuggling of Migrants and Trafficking in Persons' in Mary E Crock and Lenni Benson (eds), Protecting Migrant Children: In the Search of Best Practice (Edward Elgar, 2018) forthcoming.
  • Joseph Lelliott, ‘Protecting the Rights of Children Accused of Migrant Smuggling: Lessons from the Australian Context’ (2018) Australian Journal of Human Rights (forthcoming).
  • Joseph Lelliott, ‘Smuggled and Trafficked Unaccompanied Minors: Towards a Coherent, Protection-Based Approach in International Law (2017) 29(2) International Journal of Refugee Law 238
  • Joseph Lelliott, ‘There and Back Again: A Human Rights Perspective on the Apprehension and Return of Unaccompanied Minors from Central America’ (2014) Pandora’s Box 73.
  • Andreas Schloenhardt, Freya Douglas, and Joseph Lelliott 'Stop the Planes!? Document Fraud and Migrant Smuggling by Air in Australia' (Research Paper, University of Queensland Migrant Smuggling Working Group, 2012)

 

Thi Mai Huong, Nong
Scholarship: UQ Research Training Program (MPhil)
Project Title:  Sustainable protection of fish biodiversity in the Mekong River: the role of international environmental law, and lessons from Australia
Supervisors: Dr. Justine Bell-James
Associate Professor Peter Billings
Biosketch:

Prior to commencing her MPhil at UQ, Thi worked as a legal practitioner at The World Bank Vietnam Country Office and Baker & McKenzie Vietnam Ltd. She was the Associate Counsel of the legal team who won ‘The World Bank Group - East Asia and the Pacific Regional Award for Team Achievements’ twice (2014 and 2015). Thi holds a LLM degree by coursework from the University of Sydney (AusAid scholarship), and a LLB degree from the Vietnam National University (VNU merit scholarship). She has a particular interest in studies on the relationship between law and sustainable development.

 

Jessica Ritchie
Scholarship: Australian Postgraduate Award
Project Title:  The use of DNA evidence in cross-border investigations: From crisis to confidence
Supervisor: Professor Simon Bronitt
Dr Mark Burdon 
Biosketch:

Jessica’s research interests are in the areas of international law, criminal law, and evidence law with a focus on expert and forensic science evidence. Her current research draws on all these areas and examines the exchange of DNA evidence across domestic borders in Australia and overseas. Her honours thesis was entitled ‘DNA Evidence: The Layperson’s Interpretation.’

Jessica holds a Bachelor of Laws, Bachelor of Criminology and Criminal Justice, and Master of Criminology and Criminal Justice with Honours (Class I) from Griffith University, and a Graduate Diploma in Legal Practice from Queensland University of Technology. In 2013 Jessica was admitted as a solicitor in the Supreme Court of Queensland. Jessica is a sessional staff member with the School of Criminology and Criminal Justice, Griffith University. Prior to commencing her PhD candidature, Jessica was a Research Fellow with the Key Centre for Ethics, Law, Justice and Governance, Griffith University.

Publications:
  • Jessica Ritchie, ‘Probabilistic DNA Evidence: The Layperson’s Interpretation’ (2015) 47(4) Australian Journal of Forensic Sciences 440 <DOI: 10.1080/00450618.2014.992472>.
  • Rick Draper and Jessica Ritchie, ‘Chapter 6: Principles of Security Management: Applying the Lessons from Crime Prevention Science’ in Timothy Prenzler (ed), Professional Practice in Crime Prevention and Security Management (Australian Academic Press, 2014) 91.
  • Rick Draper and Jessica Ritchie, ‘Chapter 7: Best Practice in Physical Security’ in Timothy Prenzler (ed), Professional Practice in Crime Prevention and Security Management (Australian Academic Press, 2014) 107.
  • Jessica Ritchie and Rick Draper, ‘Chapter 8: People Management in Security’ in Timothy Prenzler (ed), Professional Practice in Crime Prevention and Security Management (Australian Academic Press, 2014) 117.
  • Roderick A. Draper, Jessica Ritchie and Timothy Prenzler, ‘Chapter 11: Making the Most of Security Technology: Considerations for Alarms, Access Control and CCTV’ in Timothy Prenzler (ed) Policing and Security in Practice: Challenges and Achievements (Palgrave Macmillian, 2012) 186.

 

Kellie Robson Kellie Robson
Project Title:  Rights and Risk: A risk theory assessment of judicial review of indefinite immigration detention
Supervisors: Professor Simon Bronitt
Qualifications: BBus (QUT), JD (UQ), LLM (MU)
Biosketch: I have worked with Australia Associated Press, and the Queensland Department of Housing. While studying law, I volunteered with the Asylum Seeker Resource Centre Legal Team, the Romero Centre, and the Australian League of Immigration Volunteers. My PhD examines ways for Australia to protect refugees from arbitrary detention in a world risk society context, where intelligence organisations are responsible for providing the relevant agencies with information to manage threats to national security.
Publications:
  • K Robson, 'The State of Personal Liberty In Australia After M47: A Risk Theory Analysis of Security Rights' (2014) 39 (2) Monash University Law Review 506-538

 

Peta Stephenson (email) Peta Stephenson
Scholarship: University of Queensland Research Scholarship (UQRS)
Project Title:  Measuring the Metes and Bounds of Commonwealth Executive Power: Nationhood and Section 61 of the Constitution
Supervisors: Professor Nicholas Aroney
Professor Jonathan Crowe
Biosketch:

Peta holds the degrees of Bachelor of Laws (Hons) and Bachelor of Arts with an extended major in Political Science from the University of Queensland. Prior to commencing her PhD candidature, Peta practised in the area of commercial litigation at HopgoodGanim and is admitted as a solicitor of the Supreme Court of Queensland and the High Court of Australia. She has also worked as a policy officer with the Department of the Prime Minister and Cabinet in Canberra.

Peta is a Research Scholar with the Centre for Public, International and Comparative Law and she also tutors constitutional law, jurisprudence and civil procedure at the University of Queensland.

Peta's PhD examines the scope of executive power, with a particular focus on the 'nationhood' power. In addition to constitutional law, Peta is interested in the areas of electoral law, public law, comparative law and jurisprudence.
Publications:
  • Peta Stephenson, ‘Justice Mason in the Australian Assistance Plan Case (1975): Nationhood, Federalism and Commonwealth Executive Power’ in Andrew Lynch (ed) Great Australian Dissents (Cambridge University Press, 2016) 169-188
  • Peta Stephenson, ‘Review of Rosalind Dixon and George Williams (eds) The High Court, the Constitution and Australian Politics’ (2015) 33 Australian Yearbook of International Law 167-173
  • Peta Stephenson, ‘Fertile Ground for Federalism: Internal Security, the States and Section 119 of the Constitution’ (2015) 43(2) Federal Law Review 289-312
  • Jonathan Crowe and Peta Stephenson, ‘An Express Constitutional Right to Vote? The Case for Reviving Section 41’ (2014) 36(2) Sydney Law Review 205-230
  • Jonathan Crowe and Peta Stephenson, ‘Reimagining Fiscal Federalism: Section 96 as a Transitional Provision’ (2014) 33(1) University of Queensland Law Journal 221-231

 

Brooke Thompson Brooke Thompson
Project Title:  The feasability of legal pluralism in Australia's secular legal framework: Would Sharia inheritance laws be a viable exception?
Supervisors: Associate Professor Ann Black
Associate Professor David Morrison
Biosketch:

Many of Australia's growing number of Muslims feel strongly that Australia's secular laws do not adequately serve their religious interests.  In March 2013 the Inquiry into Migration and Multiculturalism in Australia was tabled.  In response to over one hundred submissions received by the Joint Standing Committee on Migration, an entire chapter of the Inquiry is dedicated to discussion of the compatibility of Australia's legal system with Sharia law.  The Committee was urged to consider three core areas: family law, succession and Halal certification.  This thesis focuses on researching the feasibility of legal pluralism in Australia's secular framework, and the possible introduction of Sharia inheritance law.  The project will evaluate the current make up of the Australian Muslim community, previous and past government's response to calls for legal pluralism, and the problems Muslims face regarding inheritance law in Australia.  A comparative study will be undertaken on three countries (India, Canada and the United Kingdom) with similar legal frameworks to that of Australia, in order to elucidate a possible working model for Queensland.  Finally, an analysis of both the theoretical and practical consequences of any system in Australia will be undertaken.

Brooke Thompson is currently working as a law graduate in the Major Projects & Infrastructure group at Corrs Chambers Westgarth.  Having previously completed her LLB at The University of Queensland, Brooke is undertaking research in the areas of Sharia law and legal pluralism at the Centre for Public, International, and Comparative law.  Brooke also has interests in Islamic banking and finance.

 

Yan Xuan Yan Xuan
Project Title:  China’s Maritime Arbitration System’s “Selective Adaptation” to International Legal Norms and Practice
Supervisor: Professor Sarah Derrington
Associate Professor Qiao Liu
Biosketch:

Yan graduated from Henan University of Economics and Law in June 2013, with a Bachelor of Laws. After that, Yan completed his LL.M. at the Chinese University of Hong Kong in July 2014. His major was International Economic Law. Yan commenced his PhD at TC Beirne School of Law, University of Queensland since April 2015.

Yan chose his current topic because of his interests in the areas of maritime law, arbitration law and comparative law. Through his research, he is trying to find a way to improve China’s own maritime arbitration system through the analysis and study of the existing systems all over the world.
Behnaz Zarrabi Behnaz Zarrabi
Project Title: 

The Law of Exorcism: A Comparative Study of Religiously Motivated Homicide

Supervisor: Professor Simon Bronitt
Dr Saskia Hufnagel
Biosketch:

In her doctoral research, Behnaz examines cases of religiously motivated homicide, in particular cases of death through the ritual of exorcism in Australia, New Zealand and the United Kingdom. One of the important contributions of her research is to develop a typology of religious violence and a framework to identify different manifestations of religiously motivated violence. Behnaz also holds a Bachelor in Law from Shahid Beheshti University, Iran (formerly known as National University of Iran), a Postgraduate Diploma in Business Management from Central Queensland University, and a PhD Qualifying Certificate from Griffith University. Her thesis for the Qualifying Program was a comparative study of tolerant and extremist fatawa with regards to the sources of Islamic law. Alongside her studies, Behnaz has worked as a research assistant in several projects, and a teaching assistant for the Advanced Research course, one of the undergraduate courses taught at the TC Beirne School of Law. She presented her research in several international workshops and conferences including the International Oñati Institute for the Sociology of Law seminar series (Spain), Law and Social Sciences Network Conference (India) and the UCSIA Summer School on Religion, Culture and Society (Belgium). Her primary research interests are religiously motivated terrorism, religious rituals and violence, history of legal evidence and research methodologies.