VULJ

Victoria University Law and Justice Journal

VULJ: Victoria University Law and Justice Journal is the official law journal of Victoria University and its affiliated body, the College of Law and Justice, formerly known as Victoria Law School.

This issue may be cited as:

(2016) 6(1) Victoria University Law and Justice Journal

ISSN (Print) 2202 7912

ISSN (Online) 2203 2908

This journal was formerly known as:

Dictum: Victoria Law School Journal

ISSN (Print) 1838 6849

ISSN (Online) 1838 6857

The publisher of VULJ: Victoria University Law and Justice Journal is the College of Law and Justice, Victoria University.

© Copyright is vested in Victoria University.

The material in VULJ: Victoria University Law and Justice Journal is vested in the Association. Featured articles may be downloaded, displayed, printed and reproduced only for personal use. If you have any questions concerning reproduction and authorisation, please contact the Editors.

Front Cover graphic was designed by: Vicki Silic

About the cover design:  2016 marks Victoria University’s centenary as an education institution and it 25th anniversary as a university. The cover image juxtaposes the College of Law and Justice’s historic Queen Street building, formerly the Records Office of Victoria, against the contemporary architecture of its new library.

VULJ

Victoria Unviersity Law and Justice Journal

Editorial Board
Managing Academic Editor
Nussen Ainsworth

Lecturer, College of Law and Justice

 

Senior Editors
Joseph Carbone Deepa Chand
Simon Campbell Brett Jones
 
Editors
Hannah Cook-Tonkin Niko Kordos
William Kelly  
 
Assistant Editors
Joshua Gibson Kieran O’Brien
Vaughan Munzel  
 
Editorial Advisory Board
Andrew Clarke Inaugural Dean, College of Law and Justice
Nussen Ainsworth Lecturer, College of Law and Justice
Professor Neil Andrews Professor, College of Law and Justice
Dr Chris Brien Senior Lecturer, College of Law and Justice
Justice Pagone Judge, Federal Court of Australia
Remy van de Wiel QC Barrister, Victorian Bar
Murray Greenway College Librarian, College of Law and Justice

 

Publication Team
Bronwyn Betts Librarian, College of Law and Justice
Maria Kelly Copyeditor
Beata Cranswick Design Studio Manager, College of Arts

The Editors would like to thank the entire College of Law and Justice for their continued support and to extend our humble appreciation to the reviewers who have been so generous of their time.

Aim and Scope

VULJ: Victoria University Law and Justice Journal is the flagship journal of the College of Law and Justice. VULJ is a generalist student-run law publication, under the supervision of an academic managing editor. VULJ aims to promote high-quality legal scholarship to all users of the law including academics, practitioners and students. The articles featured in VULJ are generally shorter and more topical than in traditional legal publications.

Information Contributions
All articles featured in VULJ are referred by at least two anonymous referees. Referees include domestic and international experts in a given area of law.

Contributors are advised to submit their manuscripts in electronic form through our website: http://vulj.vu.edu.au  All submission guidelines and further related information can be found on our website.

Submissions should:

Include an abstract of 100–200 words
Adhere to a word limit of 4000–6000 words (excluding abstract and footnotes)
Comply with the most recent Australian Guide to Legal Citation
Include citations in the form of footnotes. Bibliographies are not required

If you encounter any issues or require further assistance, you can direct your query via email:

General Information vulj@vu.edu.au
Technical Support digital.services@vu.edu.au
Managing Academic Editor nussen.ainsworth@vu.edu.au
Publication Dates and Process

Once the Editors have successfully received a manuscript it will be immediately screened to ensure that the minimum procedural criteria have been satisfied. The Editors aim to notify contributors of the outcome of this review within one week.

All manuscripts successful beyond the initial review are forwarded to an expert in a given area of law. Once the first reviewer recommends the article for publication, the manuscript is forwarded to a second reviewer for commentary.

Once the article has been through the peer review process, the Editors will make a final decision on whether to offer the author a conditional publication offer. Should the author accept, the article will become the official copyright of VULJ.

Contributors will be able to track the publication process from submissions of publications via our website. Further details are available on our website: vulj.vu.edu.au.

Back Issues

Electronic versions are available from our website: http://vulj.vu.edu.au

If you would like a hard copy of the journal, please send your request to: vulj@vu.edu.au.

Sponsorship

The Victoria University Law and Justice Journal thanks the College of Law and Justice for their ongoing support.

If your organisation would like to become a sponsor or would like further information about sponsorship, please email: vulj@vu.edu.au.

Correspondence

All correspondence should be addressed to:

Victoria University Law and Justice Journal Phone +61 3 9919 1834
College of Law and Justice Fax +61 3 9919 1840
Queen Street Campus Email vulj@vu.edu.au
PO Box 14428 Website http://vulj.vu.edu.au
Melbourne Victoria 3001    
Australia    

Contents
Foreword  
Foreword by the Vice-Chancellor  
Professor Peter Dawkins, Vice-Chancellor of Victoria University i
Interview  
A Conversation with the Honourable Justice Greg Garde AO RFD 1
The Honourable Justice Greg Garde AO RFD, President of VCAT  
Articles  
Non-Statutory Filters in Government Decision-Making: Compatible with Administrative Justice? 10
Anlee Khuu  
The Australian Military Justice System: History, Organisation and Disciplinary Structure 26
David H Denton RFD QC  
Victoria’s Parliament and Constitution: The Bracks/Brumby Legacy 36
Professor Greg Taylor