Brad Jessup | University of Melbourne (original) (raw)

Books by Brad Jessup

Papers by Brad Jessup

Australian Environment Review, 2013

The Law Institute Journal, 2013

Taking English Planning Law Scholarship Seriously

In May 2013, the Indonesian Constitutional Court found parts of Indonesia’s Law No 41 Year 1999 o... more In May 2013, the Indonesian Constitutional Court found parts of Indonesia’s Law No 41 Year 1999 on Forestry (the “Forestry Law”) unconstitutional due to Indigenous peoples’ rights. Aspects of the law asserting that customary forests were state land were deemed inconsistent with the rule of law, human rights and Indigenous peoples’ interests.

The Law Institute Journal, 2019

This article concerns a conflict over a statue, built in the Margaret River wine region, in contr... more This article concerns a conflict over a statue, built in the Margaret River wine region, in contravention of the Planning and Development Act 2005 (WA). The statue was granted retrospective approval by the state tribunal. However, throughout and following the controversy, the legal geographies of the statue and the landscape became contested. It was framed by disagreement about the appropriateness of the statue, and the values and role of community members in defining the landscape.

University of New South Wales law journal, 2015

In October 2013 the High Court, by a 4:2 majority, allowed an appeal by the federal government&#3... more In October 2013 the High Court, by a 4:2 majority, allowed an appeal by the federal government's workplace insurer, Comcare, denying the Commonwealth government employee respondent, known by the gender neutral identifier 'PVYW' but widely known as being a woman, workers compensation under the Safety, Rehabilitation and Compensation Act 1988 (Cth) ('SR and C Act'). In November 2007, PVYW had been sent to visit a regional coastal urban office, and was required to stay overnight at a motel booked and paid by for the employer. While staying overnight at the motel, PVYW was struck in the face by a glass light fitting on the bed when it was pulled off the wall of the motel during sexual intercourse with a local acquaintance. Following the incident, PVYW claimed compensation for physical and subsequent psychological injuries under the SR and C Act. Comcare originally accepted the claim and for two years PVYW was compensated for the injuries that had been sustained. It w...

The Law Institute Journal, 2009

Handbook on Space, Place and Law, 2021

C3 - Journal Articles Unrefereed Letters or Note

This thesis represents and reflects more work than I ever imagined. While it is my hard work and ... more This thesis represents and reflects more work than I ever imagined. While it is my hard work and ideas-the errors belonging to me-I had significant support and help throughout the decade-long journey of conceptualising, theorising, researching, writing and finishing this thesis on a part-time basis. I am extremely grateful for that support-whether it was offered in 2008 or in 2018 or sometime in between. At the start of my candidature, I began to compile a list of all the people who helped me, who brainstormed with me, who steered me on my path, who were convinced I could get this done even at those times of illness, who reminded me of what I have accomplished. That list is far too long to reproduce, but it includes former workmates at Freehills, who supported my departure and transition into the academy; teachers at The University of Cambridge, who convinced me that a PhD was a good idea; academic colleagues, fellow students and friends from the ANU College of Law, who gave me a great start into the PhD; the many librarians and court officials from far afield as Canberra, the Bay Area, Oxford and London, Molong, the suburbs of Melbourne, and the corporate offices of Hobart, who

The Southern Ocean Beach House, a multi-level residential hotel resort, retail and restaurant dev... more The Southern Ocean Beach House, a multi-level residential hotel resort, retail and restaurant development proposed for the site of the low-scale Southern Ocean Motor Inn in Port Campbell on the Great Ocean Road coast, will not be built. It cannot be built. Not anymore. Despite presenting potential risks to the geological stability of a rugged and fragile coastline, which would be exacerbated by the likely effects of the sea in a changed climate, the development was ultimately approved under the Planning and Environment Act 1987 (Vic) by the Victorian Civil and Administrative Tribunal (‘VCAT’, ‘Tribunal’). The decision was subsequently endorsed and confirmed by the Tribunal and the local Corangamite Shire Council (‘Council’) as the developer was granted two permit extensions. The project was subject to six Tribunal hearings. The fact that the development will not proceed is not an endorsement of the law. Rather, its approval and confirmation over eight years demonstrated the inabilit...

Legal Geography, 2019

Regulation and Planning, 2021