Profiles

Brendan Gogarty

UTAS Home Dr Brendan Gogarty
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Brendan Gogarty

Director of Tasmania Law Reform Institute

Room 3.04 , Faculty of Law Building

+61 3 6226 7562 (phone)

+61 3 6226 7623 (fax)

Brendan.Gogarty@utas.edu.au

Enquiries

Biography

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

View more on Dr Brendan Gogarty in WARP

Fields of Research

  • Constitutional Law (180108)
  • Legal Practice, Lawyering and the Legal Profession (180121)
  • International Law (excl. International Trade Law) (180116)

Research Objectives

  • Law Reform (940405)
  • Public Services Policy Advice and Analysis (940204)
  • Justice and the Law (940499)

Publications

Total publications

104

Journal Article

(41 outputs)
YearCitationAltmetrics
2020Gogarty B, Appleby G, 'The role of Tasmania's subordinate legislation committee during the COVID-19 emergency', Alternative Law Journal pp. 1-7. ISSN 1037-969X (2020) [Refereed Article]

DOI: 10.1177/1037969X20933070 [eCite] [Details]

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2019Gogarty B, 'Making Sense of S 96: Tied Grants, Contextualism, and the Limits of Federal Fiscal Power', Melbourne University Law Review, 42, (2) pp. 455-505. ISSN 1839-3810 (2019) [Refereed Article]

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2019Gogarty B, McGee J, Barnes DKA, Sands CJ, Bax N, et al., 'Protecting Antarctic blue carbon: as marine ice retreats can the law fill the gap?', Climate Policy, 20, (2) pp. 149-162. ISSN 1752-7457 (2019) [Refereed Article]

DOI: 10.1080/14693062.2019.1694482 [eCite] [Details]

Co-authors: McGee J; Bax N; Haward M

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2018Brent K, McDonald J, McGee J, Gogarty B, 'Carbon dioxide removal geoengineering', Australian Law Journal, 92, (10) pp. 830-838. ISSN 0004-9611 (2018) [Refereed Article]

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Citations: Web of Science - 1

Co-authors: Brent K; McDonald J; McGee J

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2018Gogarty B, '(Re)interpreting s 96 in light of fiscal federalism: towards a better understanding of one of the last remaining islands of commonwealth spending power', Melbourne University Law Review, 42, (2) pp. 456-505. ISSN 0025-8938 (2018) [Refereed Article]

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2018Gogarty B, Griggs L, 'Collaborative Consumption, AirBNB and Land Tax - time for a national approach', Curtin Law and Taxation Review, 4, (Consumer Law Special Issue) pp. 19-33. ISSN 2203-5028 (2018) [Refereed Article]

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Co-authors: Griggs L

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2018Gogarty B, Hilkemeijer A, Westbury D, 'Religious-based exemptions from anti-discrimination law: Comparing jurisdictions that permit same-sex marriage', Alternative Law Journal, 43, (3) pp. 225-228. ISSN 1037-969X (2018) [Refereed Article]

DOI: 10.1177/1037969X18783437 [eCite] [Details]

Co-authors: Hilkemeijer A; Westbury D

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2018Gogarty B, Kirkpatrick J, Fitzgerald N, Jarman S, McCormack P, et al., 'Commercial tourism in Tasmania's wilderness threatens the attraction it exploits', Nature Ecology & Evolution, 2, (1826) ISSN 2397-334X (2018) [Letter or Note in Journal]

DOI: 10.1038/s41559-018-0723-z [eCite] [Details]

Co-authors: Kirkpatrick J; Fitzgerald N; Jarman S; McCormack P; Marthick J

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2018Gogarty B, McGee J, Brent K, McDonald J, Haward M, et al., 'Glacier geoengineering needs lawyers too', Nature, 560 Article 167. ISSN 0028-0836 (2018) [Letter or Note in Journal]

DOI: 10.1038/d41586-018-05877-5 [eCite] [Details]

Co-authors: McGee J; Brent K; McDonald J; Haward M; King MA

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2017Coady D, Gogarty B, McGee J, 'Scientific whaling and how philosophy of science can help break the international deadlock', Australian Journal of International Affairs, 72, (1) pp. 49-67. ISSN 1035-7718 (2017) [Refereed Article]

DOI: 10.1080/10357718.2017.1334758 [eCite] [Details]

Citations: Web of Science - 1

Co-authors: Coady D; McGee J

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

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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]

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Co-authors: Lawrence P

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2017McGee J, Gogarty B, Smith D, 'Associational balance of power and the possibilities for international law in the South China Sea', Asia-Pacific Journal of Ocean Law and Policy, 2, (1) pp. 88-116. ISSN 2451-9367 (2017) [Refereed Article]

DOI: 10.1163/24519391-00201006 [eCite] [Details]

Co-authors: McGee J

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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]

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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]

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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]

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Co-authors: Rundle O

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]

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

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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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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]

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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]

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Co-authors: Lawrence P

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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]

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Co-authors: Bartl B

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

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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]

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

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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]

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Co-authors: Robinson I

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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]

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

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

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

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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]

DOI: 10.1177/1037969X0903400409 [eCite] [Details]

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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]

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

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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]

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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]

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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]

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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]

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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]

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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]

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Co-authors: Nicol D; Chalmers DRC

Chapter in Book

(2 outputs)
YearCitationAltmetrics
2020Coady D, Gogarty B, McGee J, 'Philosophy of science and legal disputes over whaling in the Southern Ocean', Philosophies of Polar Law, Routledge, D Bunikowski, A Hemmings (ed), UK, pp. 77-98. ISBN 9781138618558 (2020) [Revised Book Chapter]

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Co-authors: Coady D; McGee J

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]

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Review

(2 outputs)
YearCitationAltmetrics
2020Gogarty B, 'COVID19 and the Law in Tasmania: COVID19 Legal Factsheets' pp. 15. (2020) [Substantial Review]

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2020Gogarty B, Hilkemeijer A, 'Tasmanian Constitutional Law Reform Project: an online compendium on the Tasmanian Constitution (2017-2019)' pp. 9. (2020) [Substantial Review]

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Co-authors: Hilkemeijer A

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Conference Publication

(11 outputs)
YearCitationAltmetrics
2017Gogarty B, 'Collaborative Consumption and Land Tax', Tasmanian State Convention, 19-20 October 2017, Launceston, Tasmania, pp. 1-15. (2017) [Plenary Presentation]

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2017Gogarty B, Griggs L, 'Collaborative Consumption, AirBNB and Land Tax - time for a national approach', Tasmanian State Convention, 19-20 October 2017, Launceston, Tasmania, pp. 1-16. (2017) [Refereed Conference Paper]

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Co-authors: Griggs L

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

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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]

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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]

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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]

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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]

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Co-authors: Lawrence PM

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

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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]

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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]

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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]

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Contract Report, Consultant's Report

(3 outputs)
YearCitationAltmetrics
2020Feehely J, Richards D, Gogarty B, Henning T, 'Legal Recognition of Sex and Gender', Tasmania Law Reform Institute, Hobart, Tasmania (2020) [Contract Report]

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Co-authors: Feehely J; Richards D; Henning T

2019Gogarty B, 'Workplaces (Protection from Protesters) Amendment Bill 2019', Community Legal Centres Tasmania, Hobart, Tasmania (2019) [Consultants Report]

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2019Gogarty B, 'LAMARI v PROPERTY AGENTS BOARD Advice on Federal Diversity Jurisdiction', Tasmania, Australia (2019) [Consultants Report]

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Other Creative Work

(1 outputs)
YearCitationAltmetrics
2020Gogarty B, 'Jurors, Social Media and the Right of an Accused to a Fair Trial', University of Tasmania, YouTube (2020) [Minor Creative Work]

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Thesis

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

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

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Other Public Output

(42 outputs)
YearCitationAltmetrics
2020Gogarty B, 'All colours of the rainbow: why Tasmania's new gender identity laws are warranted', The Conversation, Australia, 22 June, pp. 1-5. (2020) [Newspaper Article]

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2020Gogarty B, 'Gender law reforms given the all-clear', The Mercury, News Corp, Hobart, Tasmania, 23 June (2020) [Newspaper Article]

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2020Gogarty B, 'Talking Point: Lockdown rules have massive penalties and need scrutiny', The Mercury, News Corp, Hobart, Tasmania, 12 June (2020) [Newspaper Article]

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2020Holt J, Gogarty B, 'Juries need to be told how they're allowed to use the internet to ensure fair trials', The Conversation, Australia, 22 January 2020 (2020) [Magazine Article]

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Co-authors: Holt J

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2019Gogarty B, 'Talking Point: Bill rehash fails to clear the air', The Mercury, News Corporation Australia, Hobart, Tasmania, 31 January 2019, pp. 24-25. (2019) [Newspaper Article]

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2019Gogarty B, 'A Regime To Share, Rather than Protect Identity', The Examiner, Australian Community Media, Australia, 4 November 2019 (2019) [Newspaper Article]

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2019Gogarty B, 'Protest Bill a B-grade zombie series that won't die', The Mercury, News Pty Ltd, Australia, 16 November 2019 (2019) [Newspaper Article]

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2019Gogarty B, 'Who's watching the watchers?', The Mercury, News Pty Ltd, Australia, 28 October 2019 (2019) [Newspaper Article]

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2019Gogarty B, Barnes DKA, Bax N, Downey R, 'We Need to Protect Antarctic Blue Carbon'', Wired, Conde Nast, USA, 4 December 2019 (2019) [Magazine Article]

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Co-authors: Bax N

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2019Gogarty B, Downey R, Barnes D, McGee JS, Sands C, 'Blue COP parties should look to Antarctic Blue Carbon for vision of non-market cooperative approach to emission reduction', Climate Strategies & Climate Policy Blog, United Kingdom, 29 November 2019 (2019) [Report Other]

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Co-authors: McGee JS

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2018Brent K, Gogarty B, McDonald J, McGee J, 'Geoengineering the Great Barrier Reef needs strong rules', The Conversation, The Conversation Media Group, Australia, 1 August 2018 (2018) [Magazine Article]

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Co-authors: Brent K; McDonald J; McGee J

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2018Gogarty B, Fitzgerald N, McCormack PC, 'Green light for Tasmanian wilderness tourism development defied expert advice', The Conversation, The Conversation Media Group Ltd, Australia, 16 October 2018 (2018) [Magazine Article]

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Co-authors: Fitzgerald N; McCormack PC

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2018Gogarty B, Kirkpatrick J, McCormack P, 'Talking Point: Muddy ruling masks missteps', The Mercury, News Corporation, Hobart, Tasmania, 17 November 2018 (2018) [Newspaper Article]

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Co-authors: Kirkpatrick J; McCormack P

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

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

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

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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) [Magazine Article]

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

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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) [Magazine Article]

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2017Gogarty B, 'Bob Brown wins his case, but High Court leaves the door open to laws targeting protesters', The Conversation, Conversation Media Trust, Australia, 18 October 2017 (2017) [Magazine Article]

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2017Gogarty B, 'Why Adani may still get its government loan', The Conversation, The Conversation Media Group Ltd, Australia, 7 November 2017 (2017) [Magazine Article]

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2017Gogarty B, 'Same-sex marriage bill amendments would make Australian laws world's weakest', sbs.com.au, Special Broadcasting Service Corporation, australia, 28 November 2017 (2017) [Newspaper Article]

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2017Gogarty B, 'Inquiry into the governance and operation of the Northern Australia Infrastructure Facility: Submission 91', Governance and operation of the Northern Australia Infrastructure Facility (NAIF), Senate Economics Legislation Committee, Canberra, July (2017) [Government or Industry Research]

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2017Gogarty B, 'Advice on the constitutionality of the Northern Australia Infrastructure Facility Act 2016 (NAIF Act) and proposed Adani Loan', Environmental Defenders Office Tasmania, Hobart, Tasmania, June (2017) [Government or Industry Research]

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2017Gogarty B, Hilkemeijer A, 'Conservative amendments to same-sex marriage bill would make Australia's laws the world's weakest', The Conversation, The Conversation Media Group Ltd, Australia, 26 November 2017 (2017) [Magazine Article]

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Co-authors: Hilkemeijer A

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2017Hilkemeijer A, Gogarty B, 'Paterson's Quest To Water Down Marriage Equality Is Not Dead Yet', HuffPost Blog, The Huffington Post Australia Pty Ltd, Australia, 16 November 2017 (2017) [Magazine Article]

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Co-authors: Hilkemeijer A

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

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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]

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Co-authors: McGee J

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

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

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

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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) [Magazine Article]

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Co-authors: Griggs LD

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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) [Magazine Article]

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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) [Magazine Article]

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

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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]

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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]

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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]

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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]

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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) [Magazine Article]

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

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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

12

Total funding

$1,563,937

Projects

Conversion practices (2020)$42,000
Funding
University of Tasmania ($42,000)
Scheme
Grant
Administered By
University of Tasmania
Research Team
Gogarty B; Richards D
Year
2020
Re-examination of Case for Tasmanian Human Rights Act (2020)$23,015
Description
Describe your project: The review will consider and report on developments in Australian human rights law and practice that bear on the Institutes recommendations in 2007 for a Tasmanian Human Rights Act.1. It will consider if developments since 2007 require amendments or improvements to the TLRIs original model. In particular, it will consider the experience in other Australian jurisdictions with human rights statutes.2. It will consider if developments since 2007 make a state Human Rights Act more or less necessary. In particular, it will consider the extent to which human rights are today more or less understood, respected and protected.3. It will consider what draft legislation would best give effect to the 2007 model.4. It will seek the input of legal experts, government representatives and those affected by human rights violations, as necessary.
Funding
Law Foundation of Tasmania ($23,015)
Scheme
Grant
Administered By
University of Tasmania
Research Team
Gogarty B
Year
2020
Transgender & Intersex legislative reforms (2019)$77,000
Description
The project will investigate steps that should be required to officially register a change of sex or intersex status, the categories of sex / gender that should be displayed on official documents, any recommended reforms regarding consent to medical treatment to alter a persons sex or gender and definitions or use of terms relating to sex and / or gender in Tasmanian legislation
Funding
Department of Justice Tasmania ($77,000)
Scheme
Contract Research
Administered By
University of Tasmania
Research Team
Gogarty B; Feehely J; Richards D; White KM; Henning T
Year
2019
Service-driven approaches to preventing and responding to elder abuse in Northern Tasmania (2019 - 2020)$36,813
Description
This project will investigate the flow of recognition and responses to elder abuse by key relevant northern Tasmanian agencies and institutions.
Funding
Department of Communities Tasmania ($36,813)
Scheme
Contract Research
Administered By
University of Tasmania
Research Team
Lawrence SJ; Gogarty B; Banks SM; Henning T
Period
2019 - 2020
Special Witness Hearing Scheme Study (2019)$50,870
Description
The Institute is applying for $194,000, comprising $134,000 to implement the TLRI 2019 law reform work plan and $60,000 towards the establishment of a Vanessa Goodwin Scholarship fund. The work plan funding will allow the TLRI to deliver a series of law reform projects directed at the operation of the justice system, and to expand community awareness and engagement measures.
Funding
Department of Justice Tasmania ($50,870)
Scheme
Grant-Solicitors Guarantee Fund
Administered By
University of Tasmania
Research Team
Gogarty B; Feehely J; Richards D; Henning T
Year
2019
Jurors, Social Media and Fair Trials (2019)$46,000
Description
The project seeks to investigate risks to the fairness to the accused during jury trials that arise from jurors accessing information through social media or the internet more generally that has not been presented at trial, and what legislative or policy reforms might be considered to address those risks.
Funding
Law Foundation of Tasmania ($46,000)
Scheme
Grant
Administered By
University of Tasmania
Research Team
Gogarty B; Henning T
Year
2019
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
Tasmanian Law Reform Institute (2001 - 2018)$1,225,000
Funding
Department of Premier and Cabinet ($1,025,000)
Scheme
Grant
Administered By
University of Tasmania
Research Team
Gogarty B; Cockburn HM; Henning T
Period
2001 - 2018

Research Supervision

Current

4

Completed

3

Current

DegreeTitleCommenced
PhDRise of the Machines: Is there a place for fully autonomous weapon systems to lawfully exist in modern warfare?2017
PhDBushfire Risk and Public Health - Balancing Competing Interests Through Law2019
PhDIntegration of Gender in International, Regional and National Conventions, Policies and Frameworks Addressing Climate Change Adaptation to Support Identification of Opportunities to Increase Resilience of Women and Girls2019
PhDFrom white to blue the role of the law in protecting and promoting Antarctic Blue Carbon2020

Completed

DegreeTitleCompleted
MastersA Study of Part 3 Local Government (Building and Miscellaneous) Provisions Act 1993 (TAS): Is it effective regulation for subdivision in Tasmania?
Candidate: Ann Marguerite Harkness Hamilton
2018
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