Saxon, Phoebe --- "Editorial" [2020] UNSWLawJl 1; (2020) 43(1) UNSW Law Journal 1

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EDITORIAL

PHOEBE SAXON^[*]

Unrestricted by traditional legal doctrines or binding authorities, law journals possess the unique opportunity to ‘criticise, cajole and analyse the law’ and ‘question the received wisdom and current orthodoxy’.^[1] Enclosed within this Issue of the University of New South Wales Law Journal (‘Journal’) are a collection of 11 insightful and topical articles from 19 authors which attempt to do just that. Through the application of cross-disciplinary perspectives, empirical research, and close readings of judgments and legislation, each contribution uncovers unsettled and challenging areas of the law and extends our understanding beyond traditional orthodoxies.

This application of fresh perspectives to traditional areas of law is particularly evident in the three articles selected to inform the launch topic for this Issue, ‘Expanding Human Rights Perspectives’. These articles explore the potential for a human rights-based climate case in Australia; examine whether discrimination law provides an applicable and useful framework for the increasing number of residential strata schemes; and critically investigate the government’s coercive use of public health and biosecurity powers to compel particular behaviours, limit free movement and isolate infected persons. I extend my sincere thanks to Ms Kate Eastman SC for her generosity in agreeing to deliver the keynote address on this topic to launch this Issue.

The eight further articles contained within this Issue contribute equally novel perspectives and deal with diverse topics, including: the taxation and pricing of natural gas from an energy justice perspective; lawyer use in road traffic injury compensation claims; the ‘always speaking’ approach to statutory interpretation; the application of a structural approach to reform sexual harassment laws; the role of independent advice in two-party and three-party cases; exemptions of intellectual property licence conditions in competition law; remedial discretion and proprietary estoppel; and the influence of law on the experience of ‘home’.

For those readers less concerned with the pursuit of these lofty goals of legal academia, do not fret. Herein you will also find an exploration of strata management and its connection to The Real Housewives of Orange County; copyright licences and the ‘Carmen Sandiego’ computer game; and compulsory land acquisition in the Australian cult classic, The Castle.

Like all Issues of the Journal, the publication of Issue 43(1) would not be possible without a team of dedicated people working tirelessly behind the scenes. I extend my gratitude first and foremost to the authors for entrusting us to shepherd their countless hours of hard work to publication. The Journal is incredibly privileged to receive such high-quality submissions, and it has been a real pleasure to work with you all. I thank you for your patience and goodwill as our team of editors comb through each citation and request an ever-increasing level of specificity for pinpoints.

As a student-run publication, we are extremely indebted to the generosity of the anonymous peer reviewers, who so generously offer their time and expertise to provide valuable feedback to contributors and to assist the Executive Committee in making publication decisions.

The quality of the Journal would furthermore not be possible without the long-standing and generous support of our three Premier sponsors: Allens, Herbert Smith Freehills, and King & Wood Mallesons. The Journal extends particular thanks to Allens for hosting the launch event of Issue 43(1) at its Sydney offices on 26 March 2020.

I am indebted to the support of the Journal’s faculty advisers, Professor Rosalind Dixon and Professor Gary Edmond. Thank you for sharing your wealth of experience, your trust in our capabilities and for providing such thoughtful insights and guidance throughout this process. I also thank Professor George Williams AO and the UNSW Law Faculty, whose ongoing support of the Journal is greatly appreciated.

To the dedicated ‘pedants’ – the voluntary members of the Editorial Board. I am immensely grateful to have worked with such a diligent and good-humoured team. It is no small feat to undertake edits and locate oftentimes niche sources whilst balancing varying university, work, volunteering and personal commitments. I hope that the hours spent identifying curly quotation marks and correcting capitalised prepositions will be put to good use in your no-doubt successful future endeavours.

To the past and present Executive Committee, thank you for your constant encouragement and support. I cannot understate my appreciation and good fortune to have been surrounded by such dedicated colleagues and now, friends. I am especially grateful to have worked with two incredible Executive Editors during my time as Issue Editor, Anne Yang in 2019 and Antonia Xu in 2020.

And finally, thank you to my parents for their unrelenting support throughout this all-consuming process, and to my friends for sitting through my endless mutterings about ‘the Journal’ and keeping everything in perspective.

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[*] Editor, Issue 43(1), 2020.

[1] Michael Kirby, ‘Welcome to Law Reviews’ [2002] MelbULawRw 1; (2002) 26(1) Melbourne University Law Review 1, 11.