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Brendan Gogarty

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Brendan Gogarty

Senior Lecturer in Law
Director of Clinical Legal Education, Faculty of Law

Room 3.04, Faculty of Law Building, Sandy Bay Campus

+61 3 6226 7562 (phone)

+61 3 6226 7623 (fax)

Brendan.Gogarty@utas.edu.au

Enquiries

Career summary

Biography

Brendan Gogarty is a Senior Lecturer in Law and Director of Clinical Legal Education, Faculty of Law.

View more on Dr Brendan Gogarty in WARP

Fields of Research

  • Law (180199)
  • Constitutional Law (180108)
  • International Law (excl. International Trade Law) (180116)
  • Environmental and Natural Resources Law (180111)
  • Legal Practice, Lawyering and the Legal Profession (180121)
  • Law and Legal Studies (189999)
  • Law and Society (180119)
  • Legal Theory, Jurisprudence and Legal Interpretation (180122)
  • Human Rights Law (180114)
  • Intellectual Property Law (180115)
  • Epistemology (220304)
  • International Trade Law (180117)

Research Objectives

  • Justice and the Law (940499)
  • Expanding Knowledge in Law and Legal Studies (970118)
  • Legal Processes (940406)
  • Law Reform (940405)
  • Environmental Policy, Legislation and Standards (960799)
  • Law, Politics and Community Services (949999)
  • Workplace Safety (940505)
  • Defence and Security Policy (940301)
  • Antarctic and Sub-Antarctic Flora, Fauna and Biodiversity (960801)
  • International Organisations (940303)
  • Effects of Climate Change and Variability on Antarctic and Sub-Antarctic Environments (excl. Social Impacts) (960306)
  • Environmental Services (940110)
  • Climate Change Mitigation Strategies (960302)
  • Political Systems (940203)
  • International Relations (940399)

Publications

Total publications

67

Journal Article

(32 outputs)
YearCitationAltmetrics
2017Gogarty B, Cutler A, 'Clinical Legal Teaching And Learning - Vogue, Visionary Or Revisionary?', Law Letter pp. 20-21. (2017) [Professional, Non Refereed Article]

[eCite] [Details]

Co-authors: Cutler A

2017Gogarty B, Lawrence P, 'The ICJ Whaling Case: missed opportunity to advance the rule of Law in resolving science-related disputes in global commons?', Heidelberg Journal of International Law, 77, (1) pp. 165-195. ISSN 0044-2348 (2017) [Refereed Article]

[eCite] [Details]

Co-authors: Lawrence P

2017McGee JS, Gogarty B, Smith D, 'Associational Balance of Power and the Possibilities of International Law in the South China Sea', Asia-Pacific Journal of Ocean Law and Policy ISSN 2451-9367 (In Press) [Refereed Article]

[eCite] [Details]

Co-authors: McGee JS

2016Gogarty B, 'The worst of the State constitutions: Why Aboriginal constitutional recognition must be framed against a wider reform of Tasmania's Constitution Act', University of Tasmania Law Review, 35, (1) pp. 1-23. ISSN 0082-2108 (2016) [Refereed Article]

[eCite] [Details]

2016Gogarty B, Williams G, Tate M, Sealy L, Clark D, et al., 'Consensus statement on the Reform of the Tasmanian Constitution', University of Tasmania Law Review, 35, (1) pp. 1-6. ISSN 0082-2108 (2016) [Refereed Article]

[eCite] [Details]

Co-authors: Henning T; Hilkemeijer A; Stokes M; Herr R; Bartl B; Gates S

2016Gogarty B, 'Land Tax on the Home Castle: When will Sharing Economy Home Rentals Attract Land Tax Under the Land Tax Act 2000 (And Should They At All)?', Law Letter, (128) pp. 34-35. ISSN 1326-7418 (2016) [Professional, Non Refereed Article]

[eCite] [Details]

2016Gogarty B, Rundle O, McKenzie A, Lyons P, 'Legal Collaboration: How can we Teach Law Graduates to better work with others?', Law Letter, (Winter) pp. 42-43. ISSN 1326-7418 (2016) [Professional, Non Refereed Article]

[eCite] [Details]

Co-authors: Rundle O

2015Gogarty B, 'Japan's whaling gambit shows it's time to strengthen the rule of science in law', Australian Environmental Law Digest, 2, (3) pp. 22-24. ISSN 2203-935X (2015) [Professional, Non Refereed Article]

[eCite] [Details]

2015Gogarty B, Lawrence P, 'The ICJ Whaling Case Science, transparency and the rule of law', Journal of Law and Information Science, 23, (2) pp. 134-160. ISSN 0729-1485 (2015) [Refereed Article]

[eCite] [Details]

Co-authors: Lawrence P

2015Gogarty B, 'Conceptions and (Mis)conceptions of Science in International Treaties; the ICJ Whaling Case in Context', The Yearbook of Polar Law, 7, (1) pp. 607-622. ISSN 1876-8814 (2015) [Refereed Article]

DOI: 10.1163/2211-6427_022 [eCite] [Details]

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2014Gogarty B, Bartl B, 'The workplaces (protection from protesters) bill 2014 and its chilling effect on the implied right of political communication', Law Letter, (Winter/Spring) pp. 18-19. ISSN 1326-7418 (2014) [Professional, Non Refereed Article]

[eCite] [Details]

Co-authors: Bartl B

2013Gogarty B, 'Journal of Law, Information and Science', 22, (2) ISSN 2200-3517 (2013) [Edited Journal]

[eCite] [Details]

2012Gogarty B, 'Unmanned vehicles, surveillance saturation and prisons of the mind', Journal of Law and Information Science, 21, (2) pp. EAP1-20. ISSN 0729-1485 (2012) [Refereed Article]

[eCite] [Details]

2012Gogarty B, Nicol D, Newey B, 'Journal of Law, Information and Science', 22, (1) pp. i-iii. ISSN 0729-1485 (2012) [Edited Journal]

[eCite] [Details]

Co-authors: Nicol D; Newey B

2012Gogarty B, Robinson I, 'Unmanned vehicles: a (rebooted) history, background and current state of the art', Journal of Law and Information Science, 21, (2) pp. 1-34. ISSN 0729-1485 (2012) [Refereed Article]

[eCite] [Details]

Co-authors: Robinson I

2011Gogarty B, 'Climate-change Displacement: Current Legal Solutions to Future Global Problems', Journal of Law and Information Science, 21, (1) pp. EAP1-EAP22. ISSN 0729-1485 (2011) [Refereed Article]

[eCite] [Details]

2011Gogarty B, 'Climate-change Displacement: Current Legal Solutions to Future Global Problems', Journal of Law, Information and Science, 21, (1) pp. 167-188. ISSN 0729-1485 (2011) [Refereed Article]

[eCite] [Details]

2011Gogarty B, 'Journal of Law, Information and Science', 21, (1) ISSN 2200-3517 (2011) [Edited Journal]

[eCite] [Details]

2011Gogarty B, 'Journal of Law, Information and Science', 20, (2) ISSN 2200-3517 (2011) [Edited Journal]

[eCite] [Details]

2010Gogarty B, 'Journal of Law, Information and Science', 20, (1) ISSN 2200-3517 (2010) [Edited Journal]

[eCite] [Details]

2010Gogarty B, Hagger MC, 'The Laws of Man over Vehicles Unmanned: The Legal Response to Robotic Revolution on Sea, Land and Air', Journal of Law and Information Science, 19, (2008) pp. 73-145. ISSN 0729-1485 (2010) [Refereed Article]

[eCite] [Details]

Co-authors: Hagger MC

2009Gogarty B, Bartl B, 'Binding the monolith: Can state tribunals still hold the Commonwealth to account following Nichols' case?', Alternative Law Journal, 34, (4) pp. 260-264. ISSN 1037-969X (2009) [Refereed Article]

[eCite] [Details]

2009Gogarty B, Bartl B, 'Tying Kable Down: The Uncertainty about the Independence and Impartiality of State Courts Following Kable v DPP (NSW) any Why it Matters', University of New South Wales Law Journal, The, 32, (1) pp. 75-105. ISSN 0313-0096 (2009) [Refereed Article]

[eCite] [Details]

2003Gogarty B, 'Litigating Ethics', Centre for Law and Genetics, 1, (Occasional Paper No 5) pp. 171-210. ISSN 1445-2766 (2003) [Non Refereed Article]

[eCite] [Details]

2003Gogarty B, 'What exactly is an exact copy? And why it matters when trying to ban human reproductive cloning in Australia', Journal of Medical Ethics, 29, (1) pp. 1-7. ISSN 0306-6800 (2003) [Refereed Article]

DOI: 10.1136/jme.29.1.1 [eCite] [Details]

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2002Gogarty B, 'Litigating Ethics', Centre for Law & Genetics 2002 Symposium, Occasional Paper 5 pp. 171-210. ISSN 1445-2766 (2002) [Non Refereed Article]

[eCite] [Details]

2002Gogarty B, Nicol D, 'The UK's Cloning Laws: A View from the Antipodes', eLaw Journal, 9, (2) pp. 1-8. ISSN 1321-8247 (2002) [Refereed Article]

[eCite] [Details]

Co-authors: Nicol D

2002Nicol D, Chalmers DRC, Gogarty B, 'Regulating Biomedical Advances: Embryonic Stem Cell Research', Macquarie Law Journal, 2, (1) pp. 31-59. ISSN 1445-386X (2002) [Refereed Article]

[eCite] [Details]

Co-authors: Nicol D; Chalmers DRC

2002Skene L, Gogarty B, 'Stem Cell Research and Cloning: Legal Loopholes', Australian Science, 23, (1) pp. 31-35. ISSN 1442-679X (2002) [Professional, Non Refereed Article]

[eCite] [Details]

Co-authors: Skene L

2002Skene L, Gogarty B, 'Legislating to ban cloning: some problems with words', O & G Magazine, 4, (4) pp. 273-4. ISSN 1442-5319 (2002) [Letter or Note in Journal]

[eCite] [Details]

Co-authors: Skene L

2002Skene L, Gogarty B, 'A legal perspective on stem cell research and cloning', Australian Science, 23, (8) ISSN 1442-679X (2002) [Professional, Non Refereed Article]

[eCite] [Details]

Co-authors: Skene L

2001Nicol D, Gogarty B, Chalmers DRC, 'Human Cloning and Stem Cell Research', Australian Health Law Bulletin, 10, (3) pp. 25-34. ISSN 1038-1473 (2001) [Refereed Article]

[eCite] [Details]

Co-authors: Nicol D; Chalmers DRC

Chapter in Book

(1 outputs)
YearCitationAltmetrics
2013Gogarty B, Bartl B, Keyzer P, 'The Rehabilitation of Preventive Detention', Preventive Detention: Asking the Fundamental Questions, Intersentia, Patrick Keyzer (ed), Cambridge, pp. 111-135. ISBN 9781780681177 (2013) [Research Book Chapter]

[eCite] [Details]

Conference Publication

(9 outputs)
YearCitationAltmetrics
2016McDonald J, Gogarty B, 'Marine Geoengineering in Australian Law', Symposium on Marine Geoengineering, 25 November, Hobart, pp. 4. (2016) [Conference Extract]

[eCite] [Details]

Co-authors: McDonald J

2016Rundle O, Gogarty B, 'Legal Collaboration: Unpacking the Threshold Learning Outcome for Law (TLO 5(b)) in the Complexity of Modern Legal Practice and Legal Education', Australian Law Teachers Association Conference, 7 July, Victoria University, Wellington (2016) [Conference Extract]

[eCite] [Details]

Co-authors: Rundle O

2015Rundle O, Gogarty B, 'Practice-centric learning in the law degree', Teaching Matters, 2 December, University of Tasmania (2015) [Conference Extract]

[eCite] [Details]

Co-authors: Rundle O

2014Gogarty B, 'Practicing the Study of Public Law. A skills based teaching and learning model for undergraduate law students', The Australasian Law Teachers Assocation Annual Conference 2013: Law Teachers as Gatekeepers, 29th Sept - 1st October 2013, Canberra (2014) [Non Refereed Conference Paper]

[eCite] [Details]

2014Gogarty B, Lawrence PM, 'Conceptions and (mis)conceptions of science before international tribunals: ICJ Australia/Japan whaling case in context', 7th Polar Law Symposium, 28-31 October, IMAS, University of Tasmania, pp. 1-5. (2014) [Non Refereed Conference Paper]

[eCite] [Details]

Co-authors: Lawrence PM

2011Gogarty B, 'Communication Technology Risks, University of Tasmania', Department of Premier and Cabinet Training Consortium (2011) [Non Refereed Conference Paper]

[eCite] [Details]

2011Gogarty B, Hilkemeijer A, 'Hogan v Hinch [2011] HCA 4', The Sixteenth Annual Public Law Weekend, Conference, 10 Years on from September 11: The Impact on Public Law, 9 -10 September, Australian National University (2011) [Conference Extract]

[eCite] [Details]

2002Chalmers DRC, Nicol D, Gogarty B, 'Embryo and Stem Cell Research - Australian Developments in Regulation', Embryo and Stem Cell Research - Australian Developments in Regulation, 9-11 December 2002, South Korea, pp. 1-84. (2002) [Non Refereed Conference Paper]

[eCite] [Details]

Co-authors: Chalmers DRC; Nicol D

2002Gogarty B, 'Cloning Around with Words', Centre for Law and Genetics Occasional Paper No. 4, December 2001, Hobart, pp. 134-156. ISSN 1445-2766 (2002) [Non Refereed Conference Paper]

[eCite] [Details]

Thesis

(2 outputs)
YearCitationAltmetrics
2013Gogarty B, 'Masters of Law (Public International Law)' (2013) [Masters Coursework]

[eCite] [Details]

2006Gogarty B, 'Gene Technology, Risk, Regulation and Communication' (2006) [PhD]

[eCite] [Details]

Other Public Output

(23 outputs)
YearCitationAltmetrics
2017Gogarty B, 'Backyard skinny-dippers lack effective laws to keep peeping drones at bay', The Conversation, Conversation Media Trust, Australia, 26 April (2017) [Newspaper Article]

[eCite] [Details]

2017Gogarty B, 'Talking Point: Reshuffle exposes cabinet risks', The Mercury, News Corporation, Hobart, Tasmania, 10 October 2017 (2017) [Newspaper Article]

[eCite] [Details]

2017Gogarty B, 'Australia's $1 billion loan to Adani is ripe for a High Court challenge', The Conversation, The Conversation Media Group Ltd, Australia, 4 October 2017 (2017) [Newspaper Article]

[eCite] [Details]

2017Gogarty B, 'Mistake to consolidate Premier and Attorney-General portfolios', AUSPUBLAW, AUSPUBLAW, Australia, 9 October 2017 (2017) [Magazine Article]

[eCite] [Details]

2017Gogarty B, '#LstTxt&Tstmnt: an unsent text message can count as a will, in the right circumstances', The Conversation, Conversation Media Trust, Australia, 13 October 2017, pp. 1-5. (2017) [Newspaper Article]

[eCite] [Details]

2017McGee J, Gogarty B, 'Talking Point: Protecting whales is a tricky task', The Mercury, Fairfax Media, Hobart, 19 Jan (2017) [Newspaper Article]

[eCite] [Details]

Co-authors: McGee J

2017McGee J, Gogarty B, 'Turnbull And Abe Forgot To Discuss The Whale In The Room We need to be honest about our position on Japanese whaling if we want it to stop', Huffington Post, HPMG News, Australia, 19 Jan (2017) [Newspaper Article]

[eCite] [Details]

Co-authors: McGee J

2017Gogarty B, 'Regulating 'Eyes in the sky'', Law Report, Radio National ABC, Australian Broadcasting Company, Australia, 25 April (2017) [Media Interview]

[eCite] [Details]

2016Gogarty B, 'State Constitutional Reform: the Tasmanian Experience', AUSPUBLAW, Australian Public Law, Australia, 128 (2016) [Magazine Article]

[eCite] [Details]

2016Gogarty B, 'Will drone cameras capture your every move?', Radio National, Australian Broadcasting Compnay, Australia, 30 Sept (2016) [Media Interview]

[eCite] [Details]

2016Gogarty B, 'New drone rules: with more eyes in the sky, expect less privacy', The Converstaion, The Converstaion Media Trust, Australia (2016) [Magazine Article]

[eCite] [Details]

2016Gogarty B, Griggs LD, 'Airbnb hosts beware - it's not just Centrelink using robo-debt systems', The Conversation, The Conversion Trust, Australia, 24 Jan (2016) [Newspaper Article]

[eCite] [Details]

Co-authors: Griggs LD

2016Rundle O, Gogarty B, 'Legal Collaboration: Unpacking the Threshold Learning Outcome for Law (TLO 5(b)) in the Complexity of Modern Legal Practice and Legal Education', The Australian Dispute Resolution Research Network, Australia, 19 July (2016) [Magazine Article]

[eCite] [Details]

Co-authors: Rundle O

2015Gogarty B, ''Killer robots' hit the road - and the law has yet to catch up', The Conversation, The Conversation Media Group, Australia, Nov 9 (2015) [Newspaper Article]

[eCite] [Details]

2015Gogarty B, 'Japan's whaling gambit shows it's time to strengthen the rule of science in law', The Conversation, The Conversation Media Group, Australia, October 21 (2015) [Newspaper Article]

[eCite] [Details]

2015Gogarty B, 'Did Brandis break the law in requesting Triggs' resignation?', The Conversation, The Conversation Media Group, Australia, Feb 26, p. 2. (2015) [Newspaper Article]

[eCite] [Details]

2015Gogarty B, 'Talking Point: Giving defamation rights to companies would steal our freedom of expression', The Mercury, Fairfax Media, Australia, Jan 22 (2015) [Report of Restricted Access]

[eCite] [Details]

2015Gogarty B, 'Invited Submission', The Potential Use by the Australian Defence Force of unmanned air, maritime and land platforms, Foreign Affairs, Defence and Trade Committee, Australia (2015) [Report Other]

[eCite] [Details]

2015Gogarty B, 'Public Health Amendment (Tobacco Free Generation) Bill 2014 No 40', Advice on Public Health Amendment, Legislative Council Govenmnet Administration Commitee A, Tasmania (2015) [Government or Industry Research]

[eCite] [Details]

2015Gogarty B, Cockburn H, 'Did Brandis break the law in requesting Triggs' resignation?', The Conversation, The Conversation Media Group Ltd, Australia, 26 February (2015) [Magazine Article]

[eCite] [Details]

Co-authors: Cockburn H

2015McDonald J, Gogarty B, McGee J, 'Environment Protection and Biodiversity Conservation Amendment (Standing) Bill 2015 Submission 60', Senate Standing Committees on Environment and Communications, Australia (2015) [Report Other]

[eCite] [Details]

Co-authors: McDonald J; McGee J

2014Gogarty B, 'Criminalising dissent: anti-protest law is an ominous sign of the times', The Conversation, The Conversation Media, Australia, Nov 28 (2014) [Newspaper Article]

[eCite] [Details]

2003Gogarty B, 'Essentially Yours: The Protection of Human Genetic Information in Australia (ALRC Report 96)', Australian Law Reform Commission, Australia (2003) [Report Other]

[eCite] [Details]

Grants & Funding

Brendan has been awarded a 2016 Teaching Development Grant  'Law Students Working Together: developing a collaborative skills program for the UTAS LLB' Award : $19,978.62

This application proposes develop much-needed teaching, learning and assessment resources for legal collaboration skills. The teaching of such skills is required by the legal profession, academy and peak national bodies. However, there is a lack of evidence or practical resources about how to put that requirement into practice. In fact, there is recognised cultural resistance to embedding collaboration skills into core law units. The aim of this project is to research and develop a firm-based teaching, learning and assessment method which overcomes the source of such resistance, and ensures students and lecturers needs are adequately met. Outcomes will include an evidence based audit of current practice, industry and educative informed improvement to the teaching of legal collaborative skills, a resource made available publicly, all of which will be applied to the Applicants' OLT application to take the project to its next level. The resources produced from this proposal will showcase the UTAS excellence and leadership in implementing the Law TLO 'Collaborate Effectively'.

Funding Summary

Number of grants

5

Total funding

$63,239

Projects

Reform of the Tasmanian Constitution Act 1934 (2017)$33,114
Description
This is the second stage of a significant review and reform project on the Tasmanian Constitution Act 1934. The first stage, involved a deliberative review by a working group constituted of leading State and national scholars and professionals from all branches of government, the public and the legal sector. The participants concluded that a formal review of the State constitution should be referred to the Institute. This second stage of the project is aimed at identifying the most appropriate options for reform in the interests of the Tasmanian community, governance and legal system.
Funding
Law Foundation of Tasmania ($33,114)
Scheme
Grant
Administered By
University of Tasmania
Research Team
Henning T; Gogarty B
Year
2017
Regulating Plan B: Developing Legal Frameworks for Multiscale Governance of Geoengineering (2017)$7,793
Description
This project scopes research designs for investigating what integrated, multiscale legal and/or governance regime for geoengineering technologies are required for Australia and how this governance regime will interact with transnational and international governance of geoengineering.
Funding
University of Tasmania ($7,793)
Scheme
Grant-CAL Hothouse Research Enhancement Program
Administered By
University of Tasmania
Research Team
McGee JS; McDonald J; Gogarty B; Brent KA
Year
2017
How do we improve our understanding and commitment to 'science' in international agreements to protect the global (2016)$6,806
Description
The global ecosystem is at significant risk from human activity, particularly in the global commons areas such as the high seas and atmosphere. The United Nations Environment Program has noted that whilst "frameworks currently address natural resource issues in the global commons thre are fundamental gaps andinconsistencies that require immediate attention". This project will help us understand and bridge the implementation gap (between treaty and parctice) byidentifying the sources of disagreement about scientific obligations that currently gridlocks commons governance.
Funding
University of Tasmania ($6,806)
Scheme
Grant-Cross-Disciplinary Incentive
Administered By
University of Tasmania
Research Team
Gogarty B; McGee JS; Coady DA
Year
2016
Tasmanian Constitutional Law Reform Initiative (2015)$7,335
Description
This application is for foundational research needed to inform a Tasmanian constitutional law reform project. The Tasmanian' Constitution' Act 1934 (the Constitution) is, ostensibly, the fundamental law of the state and the source of rules for its legal governance. However, Tasmanias Constitution is extremely limited in this respect. It is a largely skeletal document, which does not fully describe the constitution of the state or its legal and governance system. A number of its provisions have been repealed without replacement, or are insufficiently specific about important matters of Law and government. This has resulted in constitutional uncertainties and culminated in constitutional crises. Equally concerning is a general lack of awareness of, and engagement with, the Constitution amongst the legal and general community. That is probably not least because the constitution fails to articulate any clear statement about the shared heritage, values and priorities that Tasmanians consider important guides toGood government in the state.
Funding
Law Foundation of Tasmania ($7,335)
Scheme
Grant
Administered By
University of Tasmania
Research Team
Gogarty B; Henning T; Hilkemeijer A; Sealy L; Stokes MD
Year
2015
Practicing the practice of law: An embedded legal skills unit for the UTAS LLB degree (2013)$8,191
Funding
Law Foundation of Tasmania ($8,191)
Scheme
Contract Research
Administered By
University of Tasmania
Research Team
Gogarty B
Year
2013

Research Supervision

Current

2

Completed

2

Current

DegreeTitleCommenced
MastersAn examination of the legislation, case law and legal practice relevant to leases as subdivisions inTasmania and other Australian states with the aim of making a proposal for reform2015
PhDRise of the Machines: Is there a place for fully autonomous weapon systems to lawfully exist in modern warfare?2017

Completed

DegreeTitleCompleted
MastersThe Sentencing of Environmental Offences Involving Non-Human Environmental Entities in the NSW Land and Environment Court
Candidate: Robert Douglas White
2017
MastersA Critical Analysis of EC - Biotech: The Panel's Approach to Other Rules of International Law and the Application of the SPS Agreement
Candidate: Bruce Newey
2009