| Department of Law Division of Law Macquarie University NSW 2109 Tel: +61 (0)2 9850-7685 Fax: +61 (0)2 9850-7686 Email: cameron.stewart@mq.edu.au | 
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BEc LLB(Hons) (Macquarie University), Grad Dip Legal Practice (NSW College of Law), Grad Dip Jur (University of Sydney), PhD (University of Sydney) FACLM (Hon)
Legal Practitioner of the Supreme Court of New South Wales
Solicitor and Barrister of the High Court of Australia
| Department of Law Division of Law Macquarie University NSW 2109 Tel: +61 (0)2 9850-7685 Fax: +61 (0)2 9850-7686 Email: cameron.stewart@mq.edu.au |
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Forthcoming and Submitted Refereed Journal Articles
Book ChaptersForthcoming Book Chapters
Encyclopaedia EntriesJudicial Citations of Cameron's Articles
Conference Presentations and Seminars
Reviewer for the following Journals
Membership of Professional Associations and Government Working Parties
Convener of Property and Equity (LAW 310)
Convener
of Health, Law and Ethics (LAW 521)
Cameron Stewart is an Associate Professor in Law. He is a graduate of Macquarie University where he obtained a Bachelor of Economics and a Bachelor of Laws with First Class Honours. He also has a Graduate Diploma in Jurisprudence from Sydney University. After leaving the hallowed halls of Macquarie he worked at the Supreme Court of New South Wales as the Research Officer for the Equity Division. He later was the Associate to Justice JEH Brownie.
Cameron is a Solicitor and Barrister of the High Court of Australia and a Legal Practitioner of the Supreme Court of New South Wales. He has practised commercial law at Phillips Fox Lawyers. He is also a Board Member of the Australian Institute of Health Law and Ethics.
Cameron has a doctorate from the University of Sydney on end of life decision-making. He has published several pieces on this topic and hopes to continue to research in this area. Cameron is also interested in the history of Australian property law. He teaches in this subject at Macquarie and hopes to further the cause of a uniquely Australian property law.
In 2002 he was invited to join the Working Party for the Guidelines on End-Of-Life Decision-Making, NSW Health Department. His main responsibility was to redraft the guidelines on refusal of treatment and advance directives. His expertise concerning advance directives also led him to join the newly formed Advance Directives Working Party, NSW Health Department, at the end of 2002. Both bodies are charged with the creation of policy and giving the Minister advice about changes in legislation. He is also a Foundational Member of the Clinical Ethics Advisory Committee, NSW Health Department (formed 2003). This committee was formed to give advice to the Chief Medical Officer on ethical difficulties with clinical matters. More recently he has been working with Sally Bolton to help Alzheimer’s Australia update their information on legal issues for people with dementia.
On a personal note, Cameron used to fancy himself as a cartoonist. He rarely picks up the ink brush these days but is still an avid collector of comic art (particularly the works of Frank Miller, Klaus Janson, Mike Sekowsky, George Perez, Wally Wood and Jack Kirby). In a prior life Cameron also sung in a punk rock group but these days is much too embarrassed to talk about it. He also pretends to be able to play rugby union and, in winter time, waits patiently by the phone for a call from the Australian Rugby Union. Those pathetic dreams are now almost gone and instead he plagues students with recollections of the beloved Macquarie University Rugby Union Football Club ("The Beacons") for whom he has played over 160 games.
P Radan, C Stewart and A Lynch, Equity & Trusts, (2001).
P Radan, C Stewart and A Lynch, Equity & Trusts, (second edition 2005)
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Edited Journal Issues
Macquarie Law Journal - General Issue (2001) Vol 1, No 1, (with R Atherton (Exec Ed), B Kercher, Y F Lim & A Sharpe)
Macquarie Law Journal - Special Issue on Law & Genetics (2002) Vol 2 (with A Reilly)
"Who decides when I can die? Problems with proxy decisions to forego life-sustaining treatment" (1997) 4 Journal of Law and Medicine 386 - 401
"Health Services and the Right to Live: Shortland v Northland Limited
" (1997) 1(2) Macarthur Law Review 310 - 314 (published in 1998)
"Advance Directives, the Right to Die and the Common Law: Recent Problems with
Blood Transfusions" (1999) 23 Melbourne University Law Review 161 - 183
"Health Care and Judicial Review: A further role for the courts?" (1999) 7 Journal
of Law and Medicine 212 - 226
"Determining the Validity of Advance Directives" (2000) 172 Medical Journal of Australia 545-548 (authored with Dr Paul Biegler, Monash Medical Centre, Associate Professor Julian Savulescu, The Murdoch Institute and Associate Professor Loane Skene, Faculty of Law, University of Melbourne)
"Tragic choices and the role of administrative law" (2000) 321 British Medical Journal 105
"Qumsieh's case, Civil Liabilities and the Right to Refuse Medical Treatment" (2000) 8 Journal of Law and Medicine 56-67
"Substantive unfairness: a new head of abuse of power?" (2000) 28 Federal Law Review 618-635
"Public Interests and the Right to Die: Compelling reasons for overriding the right to refuse treatment" (2001) 14 Australian Institute of Health Law and Ethics Issues Papers 1-12
"Assessing Competence to Refuse Medical Treatment" (2001) 174 Medical Journal of Australia 522-525 (with Dr Paul Biegler)
"Some legal reflections on the death of Nancy Crick" (2002) 21 Monash Bioethics Review 15-17
"Legal Constructions of Life and Death in the Common Law" (2002) 2 Oxford University Commonwealth Law Journal 67-91
"Undue Influence, consent and medical treatment" (2003) 96 Journal of the Royal Society of Medicine (with Andrew Lynch)
“A Primer on the Law of Competence to Refuse Medical Treatment” (2004) 78 Australian Law Journal 325 (with Dr Paul Biegler)
“The Rule of Law and the Tinkerbell Effect: Theoretical Considerations, Criticisms and Justifications for the Rule of Law” (2004) 4 Macquarie Law Journal 135-164
"Making Decisions and Advanced Care Planning: the Australian Experience of Advance Directives and Possible Future Directions" (2005) Australasian Journal on Ageing s25-s29
'The Sanctity of Life in Law: Comparisons between Jewish, Catholic, Islamic and Common Law Approaches' in Atherton, Meyerson and Radan, Law and Religion: God the State and the Common Law (2005) 269-295
"The Paradox of Legal Systems: Medical Ethics and Law's Quest to Make Itself Redundant" in C Jordens (ed) Policing Virtue? (2005)
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Forthcoming Book Chapters
"Advance Directives: Disputes and Dilemmas" in I Freckelton and K Petersen, Disputes and Dilemmas in Health Law (Federation Press, to be published in 2005)
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Encyclopaedia Entries
"Justice William Deane" entry in the Oxford Companion to the High Court of Australia (2001) (co-authored with Professor Rosalind Atherton, Professor Bruce Kercher and Professor Tony Blackshield)
"Mental Capacity" in G Albrecht (eds) Encyclopedia of Disability (2005, SAGE Publications) 5 volumes
"Refusal of Life-sustaining Treatment" in G Albrecht (ed) Encyclopedia of Disability (2005, SAGE Publications)
"Substitute Decisionmaking" in G Albrecht (ed) Encyclopedia of Disability (2005, SAGE Publications)
"Medical Futility" in G Albrecht (ed) Encyclopedia of Disability (2005, SAGE Publications)
S Bolton and C Stewart, 'Legal Planning and Dementia' Alzheimer's Australia Position Paper 5, April 2005
Determining the Validity of Advance Directives (Letter)" (2000) 173 Medical Journal of Australia 335 (authored with Dr Paul Beigler, Monash Medical Centre, Associate Professor Julian Savulescu, the Murdoch Institute and Professor Loane Skene, Faculty of Law, University of Melbourne)
Strange Bedfellows. How Medical Jurisprudence Has Influenced Medical Ethics and Medical Practice: B A Rich, Kluwer Academic/Plenum Publishers, 2001, $US55, pp 196. ISBN: 0306466651, Journal of Medical Ethics, Aug 2003; 29: 10e
Judicial Citations of Cameron’s Articles
Mount Sinai Hospital Center v. Quebec (Minister of Health and Social Services) [2001] 2 SCR 281, Supreme Court of Canada (McLachlin CJ and Binnie J) at [23].
Meyer v Iscor Pension Fund [2002] The Supreme Court of Appeal of South Africa, Brand JA (giving the judgment of the court) at [27]-[28].
Re Minister for Immigration and Multicultural Affairs; Ex parte Lam [2003] HCA 6, High Court of Australia (HcHugh and Gummow JJ at [69], and at [80]).
"Judicial Review of Medical Treatment Decisions" presentation to the Australian Institute of Health Law and Ethics Conference, Melbourne, Victoria, Australia, October 1998
"The Public Interest in Preserving Life and the Right to Die", presentation at the Australian Institute of Health Law and Ethics Conference, Brisbane, Queensland, Australia, October 1999
"Refusal of Blood Transfusions: The case of Qumsieh" presentation at the Australian Institute of Health Law and Ethics Conference, Brisbane, Queensland, Australia, October 1999
"A Legal Justification of Terminal Sedation," Plenary - Australian Bioethics Association and the Australian Institute of Health, Law and Ethics Combined 2000 Conference, Sydney, 9 July 2000
"Beyond Bland: A New Model for Withdrawing Treatment from Incompetents", Australian Institute of Health, Law and Ethics 2002, Conference, Newcastle 30 June 2002
"End-of-Life Decision-Making and the Risks of Over and Under Regulation" Australian Institute of Health Law and Ethics Conference, Hobart 23 November 2003
“End of Life Decisions After Justice O’Keefe: The Role of the Family” Intensive Care and End of Life Issues , Sydney, 28 May 2004
“The paradox of legal systems: medical ethics and law's quest to make itself redundant” in Policing Virtue? Centre for Values, Ethics and the Law in Medicine, University of Sydney, 28 May 2004.
Conference Presentations and Seminars
"The Rule of Law in the Postmodern State" presentation at Australasian Law Teachers Association, 1998 Legal Theory Forum, Otago University, New Zealand, July 1998
"The Lawyer’s Song of Death: Constructions of Life and Death in the Common Law", Thanatographia: Representations of Death Conference, University of Western Sydney Nepean, Parramatta, New South Wales, Australia, 6 November 1999
"When is Life Not Worth Living?" Justice for Everyone, International Disability and the Law Conference, Wollongong, 13 November 1999
"End of Life Decision-making and the Role of the Family: Lessons from the Northbridge Case" Australian Institute of Health, Law and Ethics 2001 Conference, Melbourne 28 June
"Wrongful Living: A Wrong without a Remedy?", Visiting Fellow Seminar, Centre for Socio-Legal Studies, Oxford University, 10 March 2001
"The Common Law of Refusal of Treatment and Advance Directives", International Academy of Law and Mental Health Annual Conference, 3 October 2003
"The Future Impact of Administrative Law on Medical Decision-Making", Health Law Seminar Series, University of Sydney, 10 November 1999
"Advance Directives in the Emergency Department and the Negligent Provision of Treatment", Health Law Seminar Series, University of Sydney, 19 April 2000
"Claims for Wrongful Living" Australian Institute of Health, Law and Ethics Melbourne Christmas Party 2000
"Double Effect, Terminal Sedation and the Defence of Necessity" Visiting Speaker, Ethox, Oxford University, 18 March 2001
"Advances Directives and the Negligent Infliction of Life Sustaining Treatment" Visiting Speaker, School of Law, University of Wales, Cardiff, March 2001
"Recent Issues in Health, Law and Ethics", Health, Law and Ethics Conference, Terrigal, 16 February 2002
"Privacy Laws and Medical Research", Sydney Cancer Centre, 20 June 2002
"Impact of the New Privacy Laws on Psychology Practice", Macquarie University Counselling Service, 21 June 2002
"Psychological Research and Privacy" Medical Psychology Reserch Unit, Department of Psychological Medicine, University of Sydney, 14 August 2002
Judge of the Grand Final of the Gene CRC Genethics Competition 2002, Old Parliament House, Canberra, 19 August 2002
"Legal Aspects of Palliative Care" Palliative Care Unit, St George Hospital, Sydney, 30 August 2002
"Rethinking End-of-Life Decisions" Clinical Unit in Ethics and Health Law, Newcastle Hospital, Newcastle, September 2002
"Ethical Issues and End-of-Life Treatments" NSW Society of Palliative Medicine, Spring Meeting, 12 November 2002
"Withdrawing Life-Sustaining Treatments from Newborns" Grand Round, John Hunter Hospital, Newcastle, May 2003
"A Brief Introduction to the History of the Common Law" Gosford Hospital Grand Round, 9 March 2004
“The Law of Advance Directives in NSW”, NSW Chronic Care Collaborative, Homebush Bay 5 June 2004.
“Issues in organ donation and human tissue” Northwestern Sydney Catenian Association, 29 June 2004.
“ Legal issues with advance directives”, NSW Health Advance Directives Information Session, Westmead Children’s Hospital, 9 February 2005
“Advance Directives – Whose final decision?”, College of Law Career Enhancement Series, Elder Law, 17 March 2005
'Law at the bedside,' clinical Ethics in Australia: the first National Workshop, 3rd International conference on communication, Medicine and Ethics (COMET), 30 June 2005
Interviewed on the Law Report, ABC Radio National, 27 July 1999 on the topic of Issues in Health Law. Transcript available at: http://www.abc.net.au/rn/talks/8.30/lawrpt/lstories/lr990727.htm
Interviewed on the Law Report, ABC Radio National, 30 October 2001 on the topic of euthanasia.. Transcript available at: http://www.abc.net.au/rn/talks/8.30/lawrpt/stories/s403647.htm
Interviewed on the 2-SER FM Drive on the topic of "Wrongful Life", Monday 4-6pm April 2002
Interviewed on the 2-SER FM Drive on the topic of "The Nancy Crick case", Monday 4-6pm, May 2002
Quoted in the Melbourne Age, Julie-anne Davies and Fergus Shiel. 'Denial of patients' last wishes probed, 31 May 2003
Interviewed on the Law Report, ABC Radio National, 4 March 2003 on the topic
of medical treatment or palliative care. Transcript available at: http://www.abc.net.au/rn/talks/8.30/lawrpt/stories/s796334.htm
Interviewed on the Law Report, ABC Radio National, on the topic of Organ Donation, 9 March 2004. Transcript available at: http://www.abc.net.au/rn/talks/8.30/lawrpt/stories/s1059665.htm
Interviewed on Drivetime, RTRFM 92.1 Perth on the Terri Schiavo case, april 2005
Interviewed for feature on advance directives and the Schiavo case, article by Suzanna Clark, Brisbane Courier Mail, 2 April 2005
Journal of Medical Ethics
Journal of Bioethical Inquiry ( a new journal, formerly the New Zealand Journal of Bioethics)
Macquarie Law Journal
Reviewer for the Following Journals
I have been a reviewer for the Australian Journal of Human Rights, Journal of Medical Ethics, Macarthur Law Review, Macquarie Law Journal, Medical Journal of Australia, Melbourne University Law Review, Monash Bioethics Review, Oxford University Commonwealth Law Journal, Sydney Law Review, and Tasmanian Law Review.
Membership of professional associations and government working parties
Board Member of the Australian Institute of Health Law and Ethics, 2000 and continuing
Concord Repatriation and General Hospital Ethics Committee 1999 and continuing
Australian Society of Legal Philosophy
Australasian Bioethics Association
Working Party for the Guidelines on End-Of-Life Decision-Making, NSW Health Department, 2002 and continuing
Advance Directives Working Party, NSW Health Department, 2002 and continuing
Member of the Clinical Ethics Advisory Committee, NSW Health Department, 2003 and continuing
Page last updated 13 September 2005