Professor Jenni Millbank

Professor, Faculty of Law
Core Member, Law Research Centre Research Strength

LLM (UBC)

Email: Jenni.Millbank@uts.edu.au
Phone: +61 2 9514 3410
Fax: +61 2 9514 3400
Room: CM05B.04.19 (map)
Mailing address: PO Box 123, Broadway NSW 2007, Australia

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Biography

Professor Jenni Millbank joined UTS: LAW in April 2007, having previously been Associate Professor of Law at the University of Sydney.

Professor Millbank is a leading international expert on gender, sexuality and law. Her research reaches across family, reproduction and human rights law making a distinctive contribution to broadening legal understandings of family and developing new approaches to relationship recognition in law. Her feminist commitment to developing laws that reflect and adapt to human need has generated a body of socio-legal scholarship that is empirically based, responsive to community concerns, and practical in its applications. Many of her recommendations for law reform have been implemented in Australia and elsewhere in the past decade.

Teaching areas

• Family Law
• New Families, New Technologies
• Gender Sexuality and Law
• Human Rights
• Complex Parenting Matters

Research

Research interests

Refugee law
• A comparative international project on gender related persecution and forced migration in collaboration with Professor Catherine Dauvergne at UBC.

Family and Reproduction
A number of projects concerning non-traditional family forms and assisted reproduction, including:
• Surrogacy, legal parentage and citizenship;

• Work on IVF regulation, particularly concerning the use and disposal of stored embryos;

• Embryo donation for reproduction;

• Gamete donation and identity disclosure regimes.

Research supervision: Yes
Available for undergraduate, postgraduate coursework and higher degree research supervision in:

• Assisted Reproduction
• Surrogacy
• Refugee Law
• Family and Relationship Law
• Gender, Law and Sexuality
• Feminist Jurisprudence
• Discrimination and the Law

Projects

Selected Peer-Assessed Projects

Gender Related Harms in Forced Migration: A Comparative International Study

Enhancing Reproductive Opportunity in Australia: Reconsidering Consent, Altruism and the Legal Status of Embryos in ART Processes

An International Comparative Analysis of Refugee Decision Making

Publications

Book Chapters

Millbank, J. 2010, 'Reproductive Outsiders - The Perils and Disruptive Potential of Reproductive Coalitions' in Kim Brooks and Robert Leckey (eds), Queer Theory: Law, Culture, Empire, Routledge, London, UK, pp. 105-121.
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Journal Articles

Millbank, J. 2012, 'From Alice and Evelyn to Isabella: Exploring the Narratives and Norms of "New" Surrogacy in Australia', Griffith Law Review, vol. 21, no. 1, pp. 101-136.

Millbank, J. 2012, 'The Right of Lesbians and Gay Men to Live Freely, Openly and on Equal Terms is Not Bad Law: A Reply to Hathaway and Pobjoy', New York University Journal of International Law and Politics, vol. 44, no. 2, pp. 497-527.
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Millbank, J. 2011, 'The New Surrogacy Parentage Laws in Australia: Cautious Regulation or '25 Brick Walls'?', Melbourne University Law Review, vol. 35, no. 1, pp. 165-207.
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Dauvergne, C. & Millbank, J. 2010, 'Forced Marriage as a Harm in Domestic and International Law', Modern Law Review, vol. 73, no. 1, pp. 57-88.
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Millbank, J. & Dauvergne, C. 2010, 'Forced Marriage and the Exoticization of Gendered Harms in United States Asylum Law', Columbia Journal of Gender and the Law, vol. 19, no. 4, pp. 898-964.
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Berg, L.A. & Millbank, J. 2009, 'Constructing the Personal Narratives of Lesbian, Gay and Bisexual Asylum Claimants', Journal of Refugee Studies, vol. 22, no. 2, pp. 195-223.
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Millbank, J. 2009, 'From Discretion to Disbelief: Recent Trends in Refugee Determinations on the Basis of Sexual Orientation in Australia and the United Kingdom', International Journal of Human Rights, vol. 13, no. 2/3, pp. 391-414.
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Millbank, J. 2009, 'The Ring of Truth: A Case Study of Credibility Assessment in Particular Social Group Refugee Determinations', International Journal of Refugee Law, vol. 21, no. 1, pp. 1-33.
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Millbank, J. 2008, 'The Limits of Functional Family: Lesbian Mother Litigation in the Era of the Eternal Biological Family', International Journal of Law, Policy and the Family, vol. 22, no. 2, pp. 149-177.
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Millbank, J. 2008, 'The Role of 'Functional Family' in Same-Sex Family Recognition Trends', Child and Family Law Quarterly, vol. 20, no. 2, pp. 155-182.
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Millbank, J. 2008, 'Unlikely Fissures And Uneasy Resonances: Lesbian Co-Mothers, Surrogate Parenthood And Fathers' Rights', Feminist Legal Studies, vol. 16, no. 2, pp. 141-167.
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Millbank, J. & Graycar, R. 2007, 'From Functional Family To Spinster Sisters: Australia's Distinctive Path To Relationship Recognition', Washington University Journal of Law and Policy, vol. 24, no. 1, pp. 121-164.

Millbank, J. 2006, 'The Changing Meaning of De Facto Relationships', Current Family Law, vol. 12, no. 2, pp. 82-93.
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Millbank, J. 2006, 'The Recognition of Lesbian and Gay Families in Australian Law: Part 1 Couples', Federal Law Review, vol. 34, no. 1, pp. 1-44.
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Millbank, J. 2006, 'The Recognition of Lesbian and Gay Families in Australian Law: Part 2 Children', Federal Law Review, vol. 34, no. 2, pp. 205-260.
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Millbank, J. 2005, 'A Preoccupation with Perversion: the British Response to Refugee Claims on the Basis of Sexual Orientation 1989-2003', Social and Legal Studies, vol. 14, no. 1, pp. 115-138.
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Millbank, J. 2004, 'It's About This: Lesbians, Prison, Desire', Social and Legal Studies, vol. 13, no. 2, pp. 155-190.
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Millbank, J. & Lovric, J. 2004, 'Relationship Debt and Guarantees: Best Practice v Real Practice', Journal of Banking and Finance Law and Practice, vol. 15, no. 2, pp. 89-115.
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Millbank, J. 2004, 'The Role of Rights in Asylum Claims on the Basis of Sexual Orientation', Human Rights Law Review, vol. 4, no. 2, pp. 193-228.
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Dauvergne, C. & Millbank, J. 2003, 'Before the High Court: Applicants S396/2002 and S395/2002, a gay refugee couple from Bangladesh', Sydney Law Review, vol. 25, no. 1, pp. 97-124.
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Dauvergne, C. & Millbank, J. 2003, 'Burdened by Proof: How the Australian Refugee Review Tribunal has failed lesbian and gay asylum seekers', Federal Law Review, vol. 31, no. 2, pp. 299-342.
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Millbank, J. 2003, 'From Here to Maternity: A Review of the Research on Lesbian and Gay Families', Australian Journal of Social Issues, vol. 38, no. 4, pp. 541-600.
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Millbank, J. 2003, 'Gender, Sex and Visibility in Refugee Decisions on Sexual Orientation', Georgetown Immigration Law Journal, vol. 18, no. 1, pp. 71-110.
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Millbank, J. 2003, 'Gender, Visibility and Public Space in Refugee Decisions', Seattle Journal for Social Justice, vol. 1, no. 3, pp. 725-742.
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Millbank, J. 2002, 'Imagining Otherness: Refugee Claims on the Basis of Sexuality in Canada and Australia', Melbourne University Law Review, vol. 26, no. 1, pp. 144-177.
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