The University of Western Australia

UWA Staff Profile

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Sarah Murray

Assoc/Prof Sarah Murray

Deputy Head of School (C&E)
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 3411
Fax
+61 8 6488 1045
Email
sarah.murray@uwa.edu.au
Qualifications
BA LLB W.Aust., PhD Monash
Biography
Dr Sarah Murray is an Associate Professor at the University of Western Australia and the Deputy Head of School, Community & Engagement where she teaches Constitutional Law and researches in the areas of Public Law and legal institutional change. She is the Western Australian Convenor and a co-opted Council Member of the Australian Association of Constitutional Law and a co-Convenor of the Electoral Regulation and Research Network. She has published widely, including editing the 2010 book, Constitutional Perspectives on an Australian Republic - Essays in Honour of Professor George Winterton (Federation Press). Her PhD thesis, ‘Less-Adversarial Practice & The Constitutional Role of the Judiciary in Australia’, was awarded the 2011 Mollie Holman Doctoral Medal for Law by Monash University and was published as a monograph, "The Remaking of the Courts - Less-Adversarial Practice and the Constitutional Role of the Judiciary in Australia", by Federation Press in 2014. She is a co-author of "Winterton's Australian Federal Constitutional Law" (2014, Thomson) and has also published public law scholarship across a range of Australian and international journals.
Key research
Dr Sarah Murray researches in the areas of public law, institutional change and less-adversarial justice and has a particular interest in the intersection of Chapter III of the Commonwealth Constitution and less-adversarial curial processes.
Her Law Honours thesis was awarded the Mallesons Stephen Jaques prize and was entitled "Judicial Review of Migration Decisions - Ousting the Hickman Privative Clause”.
She completed her PhD at Monash University on the topic "Less-Adversarial Practice and the Constitutional Role of the Judiciary in Australia". Her thesis was awarded a 2011 Mollie Holman Doctoral Medal by Monash University and she is the recipient of a 2015 IAS Distinguished Early Career Fellowship
Publications
BOOKS/EDITED COLLECTIONS/EDITORIAL ROLES

"Regulating Preventive Justice - Principle, Policy and Paradox" (2017, Routledge) (co-edited with Tamara Tulich, Rebecca Ananian-Welsh and Simon Bronitt)

"The Constitution of the Commonwealth of Australia – History, Principle and Interpretation" (CUP, 2015) (co-authored by Nicholas Aroney, Peter Gerangelos, Sarah Murray and James Stellios).

"The Remaking of the Courts: Less-Adversarial Practice and the Constitutional Role of the Judiciary in Australia" (Federation Press, 2014): https://www.federationpress.com.au/bookstore/book.asp?isbn=9781862879409

"Winterton's Australian Federal Constitutional Law - Commentary & Materials" (2013, 3rd ed, 2017, 4th ed) with Peter Gerangelos, HP Lee, Nicholas Aroney, Simon Evans and Patrick Emerton.

2013 Special Issue Co-Editor of the University of Western Australia Law Review - 'The Western Australian Constitution - An Evolving Story'

'New Dimensions of Federalism in Australia' (2011) 6:1/2 Public Policy (Special Double Issue) (Sarah Murray, ed)

'Constitutional Perspectives on an Australian Republic - Essays in Honour of Professor George Winterton' (Federation Press, 2010)


ARTICLES/CHAPTERS

'The High Court on Constitutional Law: The 2016 Term' University of New South Wales Law Journal Forum (forthcoming)

'“The People” as a Source of Constitutional Principle - The Australian Constitution and the Contours of Representative Government'(2017) 29 Singapore Academy of Law Journal 882-902.


'The Innovative Magistrate and Legitimacy - Lessons for a Mobile "Solution Focused" Model' (2017) 40(2) University of New South Wales Law Journal (with Tamara Tulich and Harry Blagg) 897-919

'Preventive Justice, the Courts and the Pursuit of Legitimacy' in Tamara Tulich, Rebecca Ananian-Welsh, Simon Bronitt and Sarah Murray (eds),
"Regulating Preventive Justice - Principle, Policy and Paradox" (2017, Routledge) 195-210.

‘Confusion in the Labyrinth’: Section 70, the Constitution and Societal Change' in Ann Curthoys and Jane Lydon (eds),
Governing Western Australian Aboriginal People: Section 70 of WA’s 1889 Constitution’ (2016) 30 Studies in Western Australian History 121-130.

'Professor Peter Walter Johnston: A Tribute to a True Scholar, Advocate for Justice and Friend' in Ann Curthoys and Jane Lydon (eds),
Governing Western Australian Aboriginal People: Section 70 of WA’s 1889 Constitution’ (2016) 30 Studies in Western Australian History 9.

'Courts, Judicial Review and the Electoral Process in Australia: An Antipodean Perspective' in Po Jen Yap (ed), "Judicial Review of Elections in Asia" (Routledge, 2016) https://www.routledge.com/products/9781138950283

'Breadth, Depth and Form? Pitching Constitutional Law Content in the Classroom' (2015) 2 Legal Education Review 317-330.

Natalie Skead and Sarah Murray, 'The Politics of Proceeds of Crime Legislation' (2015) 38(2) University of New South Wales Law Journal 455-491.

'‘A Letter to the Loser’? Public Law and the Empowering Role of the Judgment' (2014) 23(4) Griffith Law Review 545-568.

'Dual federal and State judicial appointments: An Australian Impossibility?' (2014) 25 Public Law Review 284-302.

'Giving Chapter III Back its Constitutional Mojo - Lessons from State Courts and Beyond' (2014)40(1) Monash University Law Review 198-227.

Natalie Skead, Sarah Murray and Penny Carruthers, 'Taking up the challenge: embedding, mapping and maintaining threshold learning outcomes in the transition to the JD – the UWA experience' (2013) 47(2) The Law Teacher 130-158.

S Murray and J A Thomson, ‘A Western Australian Constitution?: Documents, Difficulties and Dramatis Personae’ (2013) 36(2) University of Western Australia Law Review 1-47.

‘Australian State Courts and Chapter III of the Commonwealth Constitution – Interpretation and Re-Interpretation and the Creation of Australian Constitutional “Orthodoxy”’ (2012) 24 Giornale di Storia Costituzionale 145-158

Arie Freiberg and Sarah Murray, 'Constitutional Perspectives on Sentencing: Some Challenging Issues' (2012) 36 Criminal Law Journal 1-34.

'Forcing Parliamentary Rollback - High Court Intervention in Australian Electoral Legislative Reform' (2012) 11(3) Election Law Journal 316-330.

‘State Initiation of Section 128 Referenda’ in Paul Kildea, Andrew Lynch and George Williams (eds), Tomorrow’s Federation (Federation Press) (2012) 332-349. http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862878228

'The Future of Australia and its Connections with the United Kingdom: from Monarchy to Republic?' ['L'Avenir de l'Australie et de ses relations avec le Royuame-Uni: de la Monarchie a la Republique?'] (2012) Pouvoirs 91 (translated into French by Isabelle Richet).

'Constitutional Musings on Clarke and Austin' (2011) 6:1/2 Public Policy (Special Issue) 121-132.

'Foreword' (2011) 6:1/2 Public Policy (Special Issue)1-2.

Simon Young and Sarah Murray, ‘An Elegant Convergence? The Constitutional Entrenchment of Jurisdictional Error Review in Australia’ (2011) 11:2 (Winter) Oxford University Commonwealth Law Journal 117.

'The Minimalist Winterton Model' in S Murray (ed), 'Constitutional Perspectives on an Australian Republic - Essays in Honour of Professor George Winterton' (Federation Press, 2010) 42.

'Keeping it in the Neighbourhood? Neighbourhood Courts in the Australian Context' (2009) 35 Monash University Law Review 74-95 (http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1845047).

'To Judge is "to Sleep Perchance to Dream: Ay, There's the Rub"' (2008) 33(3) Alternative Law Journal 151-154.

‘Back to ABC after XYZ: Should We Be Concerned About ‘International Concern’?’ (2007) 35(2) Federal Law Review 317.

'Judicial Review of Migration Decisions: Ousting the Hickman Privative Clause?' (2002) 26 Melbourne University Law Review 537.

Co-authored book chapter with K Auty, 'One Indigenous Woman and What 'Her' Jury Did Not Hear' in Auty, Kate & Toussaint, Sandy (eds), 'A Jury of Whose Peers? The Cultural Politics of Juries in Australia', Crawley, University of Western Australia Press, (2004).

CONFERENCE PAPERS

‘Commentary on “The State of State Immunity – Clarke and the Austin Reformulation’ (Power & Politics: New Dimensions of Federalism in Australia, Perth 2-3 July 2011).

‘The Getup of Rowe v Electoral Commissioner (Gilbert & Tobin Constitutional Law Conference, Sydney, 18 February 2011).

‘Creating the Future? Viewing Judicial Mediation Through the Lens of Constitutional Law’ (National Mediation Conference, Adelaide, 6-9 September 2010).

‘Managerial Judging and the Commonwealth Constitution – Reflections on the Family Court Experience’ (Non-Adversarial Justice: Implications for the Legal System and Society Conference, Melbourne, May 2010).

‘The Legal Mechanic’s Perspective - The Minimalist Winterton
Model’ (Paper delivered at the Conference entitled 'Planning for a Republic–
The Legal Mechanic’s Perspective', Perth, 29 November 2008).

‘Constitutional Dimensions –State Courts and Tribunals’ (Presentation at seminar, ‘The Chameleon Tribunal - the SAT – Court or Tribunal?’, Perth, 30 June 2009).

‘Therapeutic Jurisprudence and the Changing Role of the Judge’ (Murdoch Law School Internal Research Conference, Perth 2006).

‘Changes to the Mental Health Act 1986 (Vic)’ (Paper delivered at the Mental Health Law Forum, Melbourne, 29 July 2004).
Roles, responsibilities and expertise
Deputy Head of School, Community & Engagement

Coordinator of Honours and Advanced Legal Research Programs

BA (Hons) W.Aust., LLB (Hons) W.Aust.
Grad Dip (Legal Practice)
PhD (Monash)



Funding received
"Pocketing the Proceeds of Crime: The Legislation, Criminological Perspectives and Experiences"- Criminology Research Grant with Natalie Skead, Hilde Tubex and Tamara Tulich - $48,880

Public Purposes Trust Family Violence and Property Disputes: A pilot research project (collaborative team): $49,500

Recipient of Funding for the WA Neighbourhood Justice Centre Feasibility Study 2017-2018

2015 Institute of Advanced Studies Distinguished Early Career Fellowship - $5000

2014 UWA Diversity Initiatives grant (with Natalie Skead) – awarded $9948

2010 National Mediation Conference Scholarship

Participant in 2011 Gilbert & Tobin Federalism Research Roundtable
Memberships
Deputy Head of School, Community & Engagement

Member of Law School Research Committee

Coordinator of Honours and Advanced Legal Research Programme

Advisory Board Member - Constitutional Centre of Western Australia

WA Convenor and Co-opted Council Member of the Australian Association of Constitutional Law

WA Convenor of the Electoral Regulation Research Network: http://www.law.unimelb.edu.au/errn/people/convenors
Honours and awards
2015 UWA Institute of Advanced Studies Distinguished Early Career Fellowship for the humanities

Awarded a Mollie Holman Doctoral Medal by Monash University for her PhD thesis "Less-Adversarial Practice & The Constitutional Role of the Judiciary in Australia".

Winner of the 2010 National Mediation Conference Scholarship

Frank Edward Parsons Memorial Prize in Law at the University of Western Australia
Previous positions
Sarah is admitted as a Barrister and Solicitor in Western Australia, New South Wales, Victoria and the High Court of Australia.

Prior to joining the UWA Law Faculty, Sarah worked as a lawyer at Allens Arthur Robinson (Perth & Melbourne) and the Mental Health Legal Centre (Melbourne). Sarah previous held an academic position at Murdoch University School of law where she taught Constitutional Law and Law, Justice & Social Policy.

Teaching
Sarah is the Unit Coordinator for Foundations of Public Law (LAWS4108) and teaches in Foundations of Public Law (LAWS4108)and Constitutional Law (LAWS5101).

In 2013 she will coordinate the new JD unit, Foundations of Public Law

She has previously tutored in Administrative Law, Marketing Law and lectured in Law, Justice & Social Policy.

Current external positions
Advisory Board Member - Constitutional Centre of Western Australia

WA Convenor of the Australian Association of Constitutional Law

WA Convenor of the Electoral Regulation Research Network
Useful links
Law Building G 76 Economics & Commerce Building
Research profile
Research profile and publications
 

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Last updated:
Tuesday, 3 November, 2015 2:39 PM