On behalf of the Faculty of Law, the 2016 Editors of the University of Tasmania Law Review are delighted to present Volume 35(2) of the Review, which is now available in the Law Library. This general edition contains five peer-reviewed articles that traverse various topics, including Tasmanian criminal law, climate change law, real property law, constitutional law and human rights law. Each adds to the literature in each of their respective fields. Two articles are highlighted here.
The first has a strong Tasmanian nexus - the Volume opens with Criminalising Emotional Abuse, Intimidation and Economic Abuse in the Context of Family Violence: The Tasmanian Experience by Associate Professor Marilyn McMahon and Mr Paul McGorrery. The authors argue a review of Tasmania's two criminal offences proscribing economic abuse and emotional abuse and intimidation is necessary in order to address the rarity of prosecutions and the potential uncertainty in the law they bring in light of the significance of the offences. Second, the Law Faculty's own Mr Joseph Wenta and Dr Jeffrey McGee, with co-author Dr Liam Phelan, affirmatively argue in Can a Regional Insurance Mechanism Enhance Resilience to Slow Onset Impacts of Climate Change? that such a mechanism would contribute to adaptation strategies as well as efforts to address loss and damage as a result of climate change.
Volume 35(2) also includes a non-peer reviewed competition essay entry by fourth-year Utas student Bryanna Workman, which came second place nationally at the Sir Anthony Mason Constitutional Law Essay Prize competition in 2016. The paper examines two recent High Court decisions which have applied the principle set down in Chu Kheng Lim v Minister for Immigration, Local Government and Ethnic Affairs that the executive can detain persons if the detention is 'reasonably capable as being seen as necessary' to achieve a non-punitive purpose. The essay concludes that these cases demonstrate the principle is ineffective at preventing the executive from undertaking arbitrary detention in Australia.
The Volume concludes with three book reviews by 2016 Board Members: Bryanna Workman, Julian Yee and Heather Johns. The 2016 Editors would like to thank the Faculty Supervisors Dr Peter Lawrence and Dr Brendan Gogarty for their guidance throughout the production of Volumes 35(1) and 35(2). We would also like to warmly thank the 2016 Editorial Board and 2017 Editors for their assistance in bringing this Volume to fruition. We hope you enjoy this general edition of the Review.
Will Bartlett, Daryl Wong and Hannah Grey