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Publisher: RMIT Publishing   (Total: 400 journals)

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Showing 1 - 200 of 400 Journals sorted alphabetically
40 [degrees] South     Full-text available via subscription   (Followers: 2)
Aboriginal and Islander Health Worker J.     Full-text available via subscription   (Followers: 14)
Aboriginal Child at School     Full-text available via subscription   (Followers: 5)
About Performance     Full-text available via subscription   (Followers: 12)
Access     Full-text available via subscription   (Followers: 26)
ACCESS: Critical Perspectives on Communication, Cultural & Policy Studies     Full-text available via subscription   (Followers: 10)
Accounting, Accountability & Performance     Full-text available via subscription   (Followers: 15)
ACORN : The J. of Perioperative Nursing in Australia     Full-text available via subscription   (Followers: 17, SJR: 0.103, h-index: 4)
Adelaide Law Review     Full-text available via subscription   (Followers: 20)
Advocate: Newsletter of the National Tertiary Education Union     Full-text available via subscription   (Followers: 1)
Agenda: A J. of Policy Analysis and Reform     Full-text available via subscription   (Followers: 1)
Agora     Full-text available via subscription   (Followers: 3)
Agricultural Commodities     Full-text available via subscription   (SJR: 0.102, h-index: 8)
Agricultural Science     Full-text available via subscription   (Followers: 5)
AIMA Bulletin     Full-text available via subscription   (Followers: 4)
AJP : The Australian J. of Pharmacy     Full-text available via subscription   (Followers: 10, SJR: 0.102, h-index: 5)
Analysis     Full-text available via subscription   (Followers: 4)
Ancient History : Resources for Teachers     Full-text available via subscription   (Followers: 4)
Anglican Historical Society J.     Full-text available via subscription   (Followers: 3)
Annals of the Royal Australasian College of Dental Surgeons     Full-text available via subscription   (Followers: 4, SJR: 0.101, h-index: 11)
ANZSLA Commentator, The     Full-text available via subscription   (Followers: 4)
Appita J.: J. of the Technical Association of the Australian and New Zealand Pulp and Paper Industry     Full-text available via subscription   (Followers: 10, SJR: 0.18, h-index: 27)
AQ - Australian Quarterly     Full-text available via subscription  
Arena J.     Full-text available via subscription   (Followers: 1)
Around the Globe     Full-text available via subscription   (Followers: 1)
Art + Law     Full-text available via subscription   (Followers: 12)
Art Monthly Australia     Full-text available via subscription   (Followers: 9)
Artefact : the journal of the Archaeological and Anthropological Society of Victoria     Full-text available via subscription   (Followers: 3)
Artlink     Full-text available via subscription   (Followers: 5)
Asia Pacific J. of Clinical Nutrition     Full-text available via subscription   (Followers: 9, SJR: 0.672, h-index: 51)
Asia Pacific J. of Health Management     Full-text available via subscription   (Followers: 3)
Aurora J.     Full-text available via subscription  
Australasian Biotechnology     Full-text available via subscription   (Followers: 1, SJR: 0.1, h-index: 8)
Australasian Catholic Record, The     Full-text available via subscription   (Followers: 6)
Australasian Drama Studies     Full-text available via subscription   (SJR: 0.101, h-index: 2)
Australasian Epidemiologist     Full-text available via subscription  
Australasian Historical Archaeology     Full-text available via subscription   (Followers: 7)
Australasian J. of Early Childhood     Full-text available via subscription   (Followers: 4, SJR: 0.174, h-index: 1)
Australasian J. of Gifted Education     Full-text available via subscription   (Followers: 4, SJR: 0.115, h-index: 3)
Australasian J. of Human Security, The     Full-text available via subscription   (Followers: 3)
Australasian J. of Irish Studies, The     Full-text available via subscription   (Followers: 9)
Australasian J. of Regional Studies, The     Full-text available via subscription   (Followers: 1)
Australasian Law Management J.     Full-text available via subscription   (Followers: 9)
Australasian Leisure Management     Full-text available via subscription   (Followers: 1)
Australasian Musculoskeletal Medicine     Full-text available via subscription   (Followers: 2)
Australasian Music Research     Full-text available via subscription   (Followers: 3)
Australasian Parks and Leisure     Full-text available via subscription   (Followers: 2)
Australasian Plant Conservation: J. of the Australian Network for Plant Conservation     Full-text available via subscription   (Followers: 4)
Australasian Policing     Full-text available via subscription   (Followers: 5)
Australasian Public Libraries and Information Services     Full-text available via subscription   (Followers: 40)
Australasian Review of African Studies, The     Full-text available via subscription   (Followers: 2)
Australian Aboriginal Studies     Full-text available via subscription   (Followers: 10, SJR: 0.109, h-index: 6)
Australian Advanced Aesthetics     Full-text available via subscription   (Followers: 4)
Australian Ageing Agenda     Full-text available via subscription   (Followers: 5)
Australian and Aotearoa New Zealand Psychodrama Association J.     Full-text available via subscription  
Australian and New Zealand Continence J.     Full-text available via subscription   (Followers: 3)
Australian and New Zealand Sports Law J.     Full-text available via subscription   (Followers: 8)
Australian Art Education     Full-text available via subscription   (Followers: 7)
Australian Bookseller & Publisher     Full-text available via subscription   (Followers: 1)
Australian Bulletin of Labour     Full-text available via subscription   (Followers: 3)
Australian Canegrower     Full-text available via subscription   (Followers: 2)
Australian Coeliac     Full-text available via subscription   (Followers: 2)
Australian Cottongrower, The     Full-text available via subscription   (Followers: 1)
Australian Educational and Developmental Psychologist, The     Full-text available via subscription   (Followers: 7, SJR: 0.143, h-index: 4)
Australian Family Physician     Full-text available via subscription   (Followers: 3, SJR: 0.364, h-index: 31)
Australian Field Ornithology     Full-text available via subscription   (Followers: 4, SJR: 0.141, h-index: 6)
Australian Forest Grower     Full-text available via subscription   (Followers: 4)
Australian Forestry     Full-text available via subscription   (Followers: 2, SJR: 0.252, h-index: 24)
Australian Grain     Full-text available via subscription   (Followers: 3)
Australian Holstein J.     Full-text available via subscription   (Followers: 1)
Australian Humanist, The     Full-text available via subscription   (Followers: 3)
Australian Indigenous Law Review     Full-text available via subscription   (Followers: 20)
Australian Intl. Law J.     Full-text available via subscription   (Followers: 27)
Australian J. of Acupuncture and Chinese Medicine     Full-text available via subscription   (Followers: 3, SJR: 0.106, h-index: 3)
Australian J. of Adult Learning     Full-text available via subscription   (Followers: 13, SJR: 0.159, h-index: 7)
Australian J. of Advanced Nursing     Full-text available via subscription   (Followers: 10, SJR: 0.225, h-index: 26)
Australian J. of Asian Law     Full-text available via subscription   (Followers: 6)
Australian J. of Cancer Nursing     Full-text available via subscription   (Followers: 10)
Australian J. of Civil Engineering     Full-text available via subscription   (Followers: 4, SJR: 0.17, h-index: 3)
Australian J. of Dyslexia and Learning Difficulties     Full-text available via subscription   (Followers: 8)
Australian J. of Emergency Management     Full-text available via subscription   (Followers: 8, SJR: 0.401, h-index: 18)
Australian J. of French Studies     Full-text available via subscription   (Followers: 7, SJR: 0.1, h-index: 5)
Australian J. of Herbal Medicine     Full-text available via subscription   (Followers: 3, SJR: 0.109, h-index: 7)
Australian J. of Language and Literacy, The     Full-text available via subscription   (Followers: 4, SJR: 0.399, h-index: 9)
Australian J. of Legal History     Full-text available via subscription   (Followers: 18)
Australian J. of Mechanical Engineering     Full-text available via subscription   (Followers: 3, SJR: 0.129, h-index: 4)
Australian J. of Medical Science     Full-text available via subscription   (Followers: 1, SJR: 0.122, h-index: 5)
Australian J. of Multi-Disciplinary Engineering     Full-text available via subscription   (Followers: 2)
Australian J. of Music Education     Full-text available via subscription   (Followers: 3)
Australian J. of Music Therapy     Full-text available via subscription   (Followers: 6)
Australian J. of Parapsychology     Full-text available via subscription   (Followers: 1)
Australian J. of Social Issues     Full-text available via subscription   (Followers: 6, SJR: 0.178, h-index: 20)
Australian J. of Structural Engineering     Full-text available via subscription   (Followers: 6, SJR: 0.296, h-index: 8)
Australian J. of Water Resources     Full-text available via subscription   (Followers: 6, SJR: 0.226, h-index: 9)
Australian J. on Volunteering     Full-text available via subscription   (Followers: 1)
Australian J.ism Review     Full-text available via subscription   (Followers: 7)
Australian Life Scientist     Full-text available via subscription   (Followers: 2, SJR: 0.1, h-index: 2)
Australian Literary Studies     Full-text available via subscription   (Followers: 5, SJR: 0.1, h-index: 6)
Australian Mathematics Teacher, The     Full-text available via subscription   (Followers: 7)
Australian Nursing J. : ANJ     Full-text available via subscription   (Followers: 6)
Australian Orthoptic J.     Full-text available via subscription  
Australian Primary Mathematics Classroom     Full-text available via subscription   (Followers: 3)
Australian Screen Education Online     Full-text available via subscription   (Followers: 2)
Australian Senior Mathematics J.     Full-text available via subscription   (Followers: 1)
Australian Sugarcane     Full-text available via subscription  
Australian TAFE Teacher     Full-text available via subscription   (Followers: 3)
Australian Tax Forum     Full-text available via subscription   (Followers: 3)
Australian Universities' Review, The     Full-text available via subscription   (Followers: 4)
Australian Voice     Full-text available via subscription   (Followers: 5)
Bar News: The J. of the NSW Bar Association     Full-text available via subscription   (Followers: 6)
Bioethics Research Notes     Full-text available via subscription   (Followers: 14)
BOCSAR NSW Alcohol Studies Bulletins     Full-text available via subscription   (Followers: 5)
Bookseller + Publisher Magazine     Full-text available via subscription   (Followers: 5)
Breastfeeding Review     Full-text available via subscription   (Followers: 17, SJR: 0.31, h-index: 19)
British Review of New Zealand Studies     Full-text available via subscription   (Followers: 3)
Brolga: An Australian J. about Dance     Full-text available via subscription   (Followers: 1)
Cancer Forum     Full-text available via subscription   (SJR: 0.143, h-index: 10)
Cardiovascular Medicine in General Practice     Full-text available via subscription   (Followers: 6)
Chain Reaction     Full-text available via subscription  
Childrenz Issues: J. of the Children's Issues Centre     Full-text available via subscription  
Chiropractic J. of Australia     Full-text available via subscription   (SJR: 0.107, h-index: 3)
Chisholm Health Ethics Bulletin     Full-text available via subscription   (Followers: 1)
Church Heritage     Full-text available via subscription   (Followers: 8)
Commercial Law Quarterly: The J. of the Commercial Law Association of Australia     Full-text available via subscription   (Followers: 6)
Communicable Diseases Intelligence Quarterly Report     Full-text available via subscription   (Followers: 2, SJR: 0.567, h-index: 27)
Communication, Politics & Culture     Open Access   (Followers: 14)
Communities, Children and Families Australia     Full-text available via subscription   (Followers: 2)
Connect     Full-text available via subscription   (Followers: 2)
Contemporary PNG Studies     Full-text available via subscription  
Context: J. of Music Research     Full-text available via subscription   (Followers: 8)
Corporate Governance Law Review, The     Full-text available via subscription   (Followers: 7)
Creative Approaches to Research     Full-text available via subscription   (Followers: 12)
Critical Care and Resuscitation     Full-text available via subscription   (Followers: 16, SJR: 1.737, h-index: 24)
Cultural Studies Review     Full-text available via subscription   (Followers: 16)
Culture Scope     Full-text available via subscription   (Followers: 2)
Current Issues in Criminal Justice     Full-text available via subscription   (Followers: 10)
Dance Forum     Full-text available via subscription   (Followers: 2)
DANZ Quarterly: New Zealand Dance     Full-text available via subscription   (Followers: 3)
Day Surgery Australia     Full-text available via subscription   (Followers: 2)
Deakin Law Review     Full-text available via subscription   (Followers: 15)
Developing Practice : The Child, Youth and Family Work J.     Full-text available via subscription   (Followers: 20)
Early Days: J. of the Royal Western Australian Historical Society     Full-text available via subscription  
Early Education     Full-text available via subscription   (Followers: 10)
EarthSong J.: Perspectives in Ecology, Spirituality and Education     Full-text available via subscription   (Followers: 1)
East Asian Archives of Psychiatry     Full-text available via subscription   (Followers: 2, SJR: 0.331, h-index: 7)
Educare News: The National Newspaper for All Non-government Schools     Full-text available via subscription  
Educating Young Children: Learning and Teaching in the Early Childhood Years     Full-text available via subscription   (Followers: 16)
Education in Rural Australia     Full-text available via subscription   (Followers: 1)
Education, Research and Perspectives     Full-text available via subscription   (Followers: 12)
Educational Research J.     Full-text available via subscription   (Followers: 17)
Electronic J. of Radical Organisation Theory     Full-text available via subscription   (Followers: 3)
Employment Relations Record     Full-text available via subscription   (Followers: 2)
English in Aotearoa     Full-text available via subscription   (Followers: 1)
English in Australia     Full-text available via subscription   (Followers: 2, SJR: 0.19, h-index: 6)
Essays in French Literature and Culture     Full-text available via subscription   (Followers: 8)
Ethos: Official Publication of the Law Society of the Australian Capital Territory     Full-text available via subscription   (Followers: 5)
Eureka Street     Full-text available via subscription   (Followers: 4)
Extempore     Full-text available via subscription  
Family Matters     Full-text available via subscription   (Followers: 13, SJR: 0.259, h-index: 8)
Federal Law Review     Full-text available via subscription   (Followers: 23)
Fijian Studies: A J. of Contemporary Fiji     Full-text available via subscription  
Focus on Health Professional Education : A Multi-disciplinary J.     Full-text available via subscription   (Followers: 7)
Food New Zealand     Full-text available via subscription   (Followers: 5)
Fourth World J.     Full-text available via subscription  
Frontline     Full-text available via subscription   (Followers: 19)
Future Times     Full-text available via subscription   (Followers: 1)
Gambling Research: J. of the National Association for Gambling Studies (Australia)     Full-text available via subscription   (Followers: 5)
Gay and Lesbian Law J.     Full-text available via subscription   (Followers: 2)
Gender Impact Assessment     Full-text available via subscription  
Geographical Education     Full-text available via subscription   (Followers: 3)
Geriatric Medicine in General Practice     Full-text available via subscription   (Followers: 8)
Gestalt J. of Australia and New Zealand     Full-text available via subscription   (Followers: 2)
Globe, The     Full-text available via subscription   (Followers: 4)
Government News     Full-text available via subscription   (Followers: 2)
Great Circle: J. of the Australian Association for Maritime History, The     Full-text available via subscription   (Followers: 8)
Grief Matters : The Australian J. of Grief and Bereavement     Full-text available via subscription   (Followers: 11)
He Puna Korero: J. of Maori and Pacific Development     Full-text available via subscription   (Followers: 1)
Headmark     Full-text available via subscription   (Followers: 1)
Health Inform     Full-text available via subscription  
Health Issues     Full-text available via subscription   (Followers: 2)
Health Promotion J. of Australia : Official J. of Australian Association of Health Promotion Professionals     Full-text available via subscription   (Followers: 10, SJR: 0.606, h-index: 19)
Health Voices     Full-text available via subscription  
Heritage Matters : The Magazine for New Zealanders Restoring, Preserving and Enjoying Our Heritage     Full-text available via subscription   (Followers: 3)
High Court Quarterly Review, The     Full-text available via subscription   (Followers: 3)
History of Economics Review     Full-text available via subscription   (Followers: 10)
HIV Australia     Full-text available via subscription   (Followers: 3)
HLA News     Full-text available via subscription   (Followers: 6)
Hong Kong J. of Emergency Medicine     Full-text available via subscription   (Followers: 4, SJR: 0.173, h-index: 7)
Idiom     Full-text available via subscription   (Followers: 1)
Impact     Full-text available via subscription   (Followers: 1)
InCite     Full-text available via subscription   (Followers: 24)
Indigenous Law Bulletin     Full-text available via subscription   (Followers: 17)
InPsych : The Bulletin of the Australian Psychological Society Ltd     Full-text available via subscription   (Followers: 3)
Inside Film: If     Full-text available via subscription   (Followers: 8)
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Instyle     Full-text available via subscription   (Followers: 1)
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Interaction     Full-text available via subscription   (Followers: 3)
Intl. Employment Relations Review     Full-text available via subscription   (Followers: 2)
Intl. J. of Disability Management Research     Full-text available via subscription   (Followers: 2)

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Journal Cover Commercial Law Quarterly: The Journal of the Commercial Law Association of Australia
  [6 followers]  Follow
    
   Full-text available via subscription Subscription journal
   ISSN (Print) 0819-4262
   Published by RMIT Publishing Homepage  [400 journals]
  • Volume 31 Issue 2 - Not just, quick or cheap: Historic marine
           determination exposes systemic delays in NSW native title claims
    • Abstract: Pearson, Elizabeth
      On 31 August 2017 the Yaegl People became the first Aboriginal traditional owners in New South Wales to have their native title rights and interests in the sea recognised by Australian law. The Federal Court handed down the historic consent determination in Yaegl People #2 v Attorney General of New South Wales on country in Yamba on the state's north coast, marking the end of a 21-year battle to formally recognise the Yaegl People's connection with their traditional lands and adjacent coastal waters. Jagot J warned that the delays experienced in claims like Yaegl #1 and #2 are symptomatic of an institutional failure in New South Wales to resolve native title claims as justly, quickly, inexpensively and efficiently as possible in accordance with civil procedure law.2 This paper considers the significance of this case for traditional owners, policy makers and business.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 31 Issue 2 - 'Asset protection', 'associative mating' and the long
           reach of s120 and 121 of the Bankruptcy Act. Who is a 'creditor''
    • Abstract: Aitken, Lee
      The decision in Turner in his capacity as trustee for the bankrupt estate of Wallace v Wallace dispels any na ve thought that a simple transfer of assets from the 'high risk' to the 'low risk' partner before some risky business venture had commenced would protect them in the event of the high flyer's ultimate insolvency. It also highlights the present social problem arising from 'associative mating' - in the old days, the solicitor, brain surgeon or entrepreneur could be reasonably secure in holding all his assets in the name of his wife, the homemaker.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 31 Issue 2 - Reflections on survival and success in litigation
    • Abstract: Robb, Stephen
      What should lawyers do to survive and even succeed in litigation'

      This is an important subject with no simple answer. Litigation defies generalisation.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 31 Issue 2 - President's message
    • Abstract: Donato, Norman
      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 31 Issue 1 - President's message
    • Abstract: Donato, Norman
      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 31 Issue 1 - Till death do us part: The effect of death on a
           solicitor's retainer with a client during a conveyancing transaction
    • Abstract: Whitfield-Meehan, Sarah
      It is the common law stance that on the death of a client, the solicitor and client retainer ('the retainer') is terminated,1 which means the duties that the solicitor owes to the client (except for confidentiality) cease. Subject to the terms in a contract for the sale of real property, where such terms are not automatic, then death will not automatically end a contract and the obligations of the parties will continue. Therefore, the question as to what happens to the retainer becomes a practical issue in terms of proceeding with the contract, as well as registration of the transfer dealing, which this paper will examine.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 31 Issue 1 - Civil and criminal liability of directors and officers
           of sporting clubs
    • Abstract: Peden, Elisabeth
      'Humans have always been involved in some form of recreation. Like any activity, recreation can generate situations where the desires and needs of one person conflict with those of another. This is the basic ingredient of any legal dispute'.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 31 Issue 1 - Drafting termination clauses
    • Abstract: Carter, JW
      (a) Why include a termination clause'

      Inserting an express provision for termination - a 'termination clause' - assumes a prior decision that termination rights conferred by law are inadequate to meet the needs of the transaction.

      Using the terminology derived from English law, termination rights conferred by law are generally limited to:

      (1) breach of condition - any breach justifies termination;

      (2) breach of an intermediate (or 'innominate') term - breach must deprive promisee of substantially the whole benefit of the contract; and

      (3) repudiation - a reasonable person would regard the promisor as having refused to perform the contract.

      In addition:

      (4) a contract is automatically discharged by impossibility or frustration.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 30 Issue 3 - Colin Blackburn: An address for the Selden society,
           Queensland
    • Abstract: O'Sullivan, Dominic
      By selecting leading English Judges from the Elizabethan era down to today, this series of lectures seeks to tell us something about the lives of important judicial figures, and at the same time, something about the times in which they lived and worked.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 30 Issue 3 - The restitutionary remedy in Australian law
    • Abstract: Goldberger, Jeffrey
      Although the boundaries of the restitutionary remedy in Australia have not been definitively settled there are a number of fundamental points to note in considering contemporary law. These points form the relevant framework for analysis.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 30 Issue 3 - Revisiting the penalties doctrine: Paciocco v ANZ
    • Abstract: McDougall, Robert
      The recent decision by the High Court in Paciocco v Australia and New Zealand Banking Group Limited should bring to an end uncertainty surrounding the doctrine of penalties. A majority of the High Court found that late payment fees charged by the respondent (ANZ) to customers, upon a failure of the customer to meet the minimum monthly payment due, did not constitute a penalty.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 30 Issue 3 - President's message
    • Abstract: Donato, Norman
      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 30 Issue 4 - Patent validity: Are computer implemented business
           methods patentable'
    • Abstract: Cochrane, Cynthia; Mee, Ben
      One ground for refusing a patent application or revoking a patent is that the alleged invention is not a manner of manufacture within the meaning of s6 of the Statute of Monopolies. It is a threshold means of invalidating a patent or patent application, on the basis that the alleged invention is not a proper subject for a patent. It is a less costly and time-consuming ground than novelty or inventive step because the ground must be made out on the face of the specification, with the result that it should not involve literature searching or expert evidence, except as to the meaning of technical terms in the patent or patent application.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 30 Issue 4 - President's message
    • Abstract: Donato, Norman
      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 30 Issue 4 - Thoughts on: - some construction and infringement
           issues; and - enabling disclosure and the law of novelty
    • Abstract: Jagot, Jayne
      Is the idea of the substantial idea of an invention now more trouble than it's worth'

      The answer may be 'yes' - everything the concept continues to do, seems to boil down to the same thing as identifying, by the usual processes of construction of patents through the eyes of the skilled addressee at the relevant time, the essential integers of a claim and the scope, nature or character of those essential integers.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 30 Issue 4 - Principles relating to advocate's immunity following
           Attwells v Jackson Lawyers and Kendirjian v Lepore
    • Abstract: Emmett, Arthur
      On 4 May 2016, in Attwells v Jackson Lalic Lawyers Pty Ltd (Attwells Case) the High Court unanimously held that advocate's immunity, as set down in Giannarelli v Wraith (Giannarelli) and D'Orta-Ekenaike v Victoria Legal Aid (D'Orta), still exists in New South Wales. However, a majority of the High Court held that the test for the application of the immunity was not satisfied where negligent advice led to the settlement of a claim in civil proceedings, overturning a decision of the NSW Court of Appeal. On 29 March 2017, in Kendirjian v Lepore (Kendirjian's Case), the High Court unanimously declined to reopen D'Orta and held that the test was also not satisfied where negligent advice led to the rejection of an offer of settlement, allowing an appeal from another decision of the NSW Court of Appeal.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 30 Issue 4 - Trade mark infringement - parallel importing and
           export genuine products
    • Abstract: Cochrane, Cynthia; Larish, David
      Demand in China for Australian infant formula and other health products has skyrocketed since 2008 when melamine contamination saw six babies die and 300,000 fall ill.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 30 Issue 2 - President's message
    • Abstract: Donato, Norman
      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 30 Issue 2 - Unconscionable conduct and unfair contract terms
    • Abstract: Goldberger, Jeffrey
      A variety of expressions have been invoked by the courts and in legislation as a trigger for intervention in the operation of otherwise valid and enforceable contracts. In this context Priestley LJ in 'Renard Constructions (ME) Pty Ltd v Minister for Public Works' having referred to the large number of statutes which permitted courts to remould particular kinds of contracts in the interests of fairness observed at p26:

      'Although each of these statutes dealt with carefully defined types of contract, in their totality they covered contractual situations affecting a great many people, so that, to repeat something I have said elsewhere, "a very large area of everyday contract law is now directly affected by statutory unconscionability provisions carrying with them broad remedies". As the words used in the sequence of statutes show, the ideas of unconscionability, unfairness and lack of good faith have a great deal in common. The result is that people generally, including judges and other lawyers, from all strands of the community, have grown used to the courts applying standards of fairness to contract which are wholly consistent with the existence in all contracts of a duty upon the parties of good faith and fair dealing in its performance. In my view this is in these days the expected standard, and anything less is contrary to prevailing community expectations.'

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 30 Issue 2 - A time difference between Australia and England: Urban
           1 (blonk street) Ltd v Ayres
    • Abstract: Lindgren, Kevin
      As a result of a series of cases culminating in the decision of the English Court of Appeal in 'Urban 1 (Blonk Street) Ltd v Ayres' [2013] EWCA Civ 816 ('Urban 1'), a fundamental difference has developed as between the treatment of time in the performance of contracts for the sale of land in that Court and in the High Court of Australia. (The following discussion will be limited by reference to that class of contract, both for reasons of space and because it has special features: the purchaser's acquisition of an interest in the land, and the availability of the equitable remedy of specific performance.)

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 30 Issue 2 - The doctrine of anticipatory repudiation: The
           international context
    • Abstract: Zeller, Bruno
      This paper builds on another - 'Breach by Anticipatory Repudiation' by Anton Trichardt - that was published in the December 2015-February 2016 Commercial Law Quarterly. He specifically drew the attention of Australian lawyers to the fact that the court in STX Mumbai 'referred to case law in England, Australia and Canada, as well as the United States of America. His Honour also extensively referred academic writing.'

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 30 Issue 1 - The Ralls implications for the national security
           review
    • Abstract: Bu, Qingxiu
      The potential national security effect of foreign acquisitions has been a long standing issue facing the host states worldwide, which holds particular true between those adversary nations, like the United States and China. Such unexpected consequences as plausible protectionism and governance discrimination are detrimental to the global economic recovery. The creation of China's own national security review (NSR) regime complicates further the perceived retaliatory measures. To pierce the veil of the Committee on Foreign Investment in the United States' (CFIUS) process of NSR is conducive to mitigating unnecessary stalemate between the two world economic giants in the scenarios of cross-border investments. 'Ralls' serves as a landmark case for a Chinese company to challenge the US President's and CFIUS's divesture orders. It remains uncertain of the extent to which the CFIUS's future NSR assessment procedures will be reshaped followed by the US executive's setback in the lawsuit. Through maintaining a predictable regulatory landscape, it is crucial to strike a balance between encouraging foreign investment and protecting national security.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 30 Issue 1 - An overview of developments in key areas of Australian
           contract law
    • Abstract: Goldberger, Jeffrey
      Agreements to negotiate in good faith: 1 Good faith generally: The scope of good faith in Australian contract law remains unsettled. In particular, there are significant differences in the approaches of the Court of Appeal of Victoria and the Court of Appeal of New South Wales. Resolution of the issue has not been assisted by the absence of authoritative guidance from the High Court. Significantly, in the recent decision in Commonwealth Bank of Australia v Barker,1 the High Court in rejecting the existence in employment contracts of an implied term as to mutual trust and confidence made a number of observations on good faith generally but nothing which resolved the ultimate issue as to the role of good faith in Australian contract law.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 30 Issue 1 - President's message
    • Abstract: Donato, Norman
      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 29 Issue 4 - Direct and consequential loss
    • Abstract: Goldberger, Jeffrey
      It is common practice to limit the scope of an indemnity to direct loss and to exclude consequential loss or more generally to exclude a liability for consequential loss on breach of contract.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 29 Issue 4 - Breach by anticipatory repudiation
    • Abstract: Trichardt, Anton
      The doctrine of breach by anticipatory repudiation elliptically referred to as anticipatory breach or anticipatory repudiation has recently enjoyed the judicial centre stage in Singapore. In The STX Mumbai, the Singapore Court of Appeal considered the basis for the doctrine and specifically addressed the so-called exception to the anticipatory breach doctrine: that is, whether the doctrine applies to an executed contract.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 29 Issue 4 - President's message
    • Abstract: Donato, Norman
      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 29 Issue 4 - Best and reasonable endeavours
    • Abstract: Goldberger, Jeffrey
      Contractual obligations are frequently cast as best or reasonable endeavours. Such obligations conventionally contemplate the taking of steps by a party to secure a particular result or outcome. Clearly, however, the content of the obligation does not mandate that the objective or result be actually achieved.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 29 Issue 3 - Application of the Australian consumer law to
           government commercial activities
    • Abstract: Griffiths, John
      At the opening of the Parliament in 1960, the then-Governor General, William Morrison, First Viscount Dunrossil, commented (with prompting by Sir Garfield Barwick and Prime Minister Robert Menzies) that 'the development of tendencies to monopoly and restrictive practices in commerce and industry has engaged the attention of the Government which will give consideration to legislation to protect and strengthen free enterprise against such a development.'

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 29 Issue 3 - President's message
    • Abstract: Donato, Norman
      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 29 Issue 3 - Estoppel and contract
    • Abstract: Goldberger, Jeffrey
      'Election, estoppel and waiver are cognate concepts: each relates to the sterilisation of a legal right otherwise than by contract. A "right" may include a liberty or an immunity, according to the circumstances.'

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 29 Issue 2 - Fetters on the exercise of unilateral contractual
           powers and discretions
    • Abstract: Goldberger, Jeffrey
      No point is better established than that, a person having a power, must execute it bona fide for the end designed otherwise it is corrupt and void.' (Lord Northington in Aleyn v Belchier (1758) 28 ER 634, 637)

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 29 Issue 2 - Recent developments in corporations law
    • Abstract: Black, Ashley
      This paper reviews recent developments in the corporations law, some in 2014 and some in the first half of 2015.

      I first consider an appellate and a first instance decision dealing with liability for knowing involvement in a breach of fiduciary duty, an important appellate decision dealing with the application of deeds of indemnity in favour of directors and officers in respect of the costs of criminal proceedings, and two cases dealing with termination payments to company officers. I will also note a recent decision dealing with the requisition of shareholder meetings, in the particular context of capital reductions.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 29 Issue 2 - An edited version of the President's address at the
           CLA's 50th anniversary dinner
    • Abstract: Donato, Norman
      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 29 Issue 1 - The principles of contract interpretation in
           Australian law
    • Abstract: Goldberger, Jeffrey
      'A word is not a crystal, transparent and unchanged, it is the skin of a living thought and may vary greatly in color and content according to the circumstances and the time in which it is used.' (Oliver Wendell Holmes J in Towne v Eisner 38 S Ct 158 (1918) at 159).

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 29 Issue 1 - Certainty in joint venture negotiations: A case study
    • Abstract: Atkinson, S Reay; Tolhurst, GJ
      When parties enter into negotiations for a joint venture they do so with the expectation that a joint venture agreement will result and the project go ahead. However, entering into those negotiations is a step into the unknown. This paper seeks to show how the uncertainty of each stage of negotiations may be assessed to allow informed decisions to be made and taken. It also seeks to understand the role of law and of lawyers in the negotiation process.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 29 Issue 1 - President's message
    • Abstract: Donato, Norman
      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 28 Issue 4 - President's message
    • Abstract: Donato, Norman
      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 28 Issue 4 - The construction of commercial contracts
    • Abstract: Carter, JW
      The principal objective of this paper is to present an overview of the general principles which regulate the construction of commercial contracts. Because it was first presented in a public lecture in New Zealand, particular reference is made to the position taken in decisions of the Supreme Court of New Zealand over the past five years.

      Within the framework of general principle, the paper identifies the problems which practitioners face when giving construction opinions. Since it suggests that some assistance can be gained from viewing construction as a process which goes through various stages, the paper summarises the key features of each stage.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 28 Issue 4 - Seminar paper: Councils and illegal building work
    • Abstract: Berveling, Steven
      This paper will consider the various methods of undertaking legitimate building work; various certificates that can be obtained with respect to legitimate building work; and also it will consider the ramifications of illegal building work and how that might be 'legitimised'.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 28 Issue 4 - Competition policy review: Navigating the labyrinth
    • Abstract: Hodgekiss, Christopher C
      This paper is based on the Draft Report of the Competition Policy Review, led by Professor Ian Harper, which was produced on 22 September 2014.

      It is expected that the Final Report will be presented to the Government in March 2015.

      However, it is likely that a significant part of the Draft Report will be reproduced in the Final Report and, therefore, by discussing issues raised in the Draft Report I hope to highlight the possible changes to Competition Law and the impact those changes are likely to have on practitioners and clients.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 28 Issue 3 - Cartels: A first priority for the ACCC
    • Abstract: Miller, Russell
      Cartels, both domestic and international, continue to be a central focus for the Australian Competition and Consumer Commission (ACCC), as they are with competition agencies around the world.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 28 Issue 3 - Competition, fairness and the courts
    • Abstract: Rares, Steven
      Much of our commercial law is now statutory. It fundamentally affects the way in which the economy functions and that, in turn, affects our daily lives. The policy underlying statutory law is determined by the Parliament. Usually that policy has been considered by the Executive Government before being submitted to the Parliament for its consideration.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 28 Issue 3 - Striking the modern balance between freedom of
           contract and consumer rights
    • Abstract: Rares, Steven
      The Latin expression caveat emptor is emblematic of the concept of freedom of contract. The exhortation, that the buyer should beware, symbolises both civilian and common lawyers' appreciation of the benefits and dangers of freedom of contract. On April Fools' Day 2010, the British online retailer, GameStation, added a new clause to its standard online terms and conditions. This was in the section of the site's webpage that inevitably pops up with a box that needs to be ticked saying: 'I agree to the standard terms and conditions'. That usually has a link to those provisions. It is common experience that these are not short virtual documents.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 28 Issue 3 - 'Reasonable endeavours' and 'the objective approach':
           Electricity Generation Corporation v Woodside Energy Ltd [2014] HCA 7
    • Abstract: Zmood, Julian
      In the recent decision of Electricity Generation Corporation v Woodside Energy Ltd [2014] HCA 7 (Verve v Woodside), the High Court was called upon to consider the meaning to be given to a 'reasonable endeavours' clause within a gas supply agreement (GSA) and to consider, more broadly, the preferred approach to be taken when determining the rights and liabilities of parties to a commercial contract.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 28 Issue 3 - President's message
    • Abstract: Yazbeck, Cristean
      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 28 Issue 2 - Damages for breach of contract: Clark v Macourt
    • Abstract: Farinha, Daniel
      The recent High Court case of Clark v Macourt demonstrates an important tension in the way damages for breach of contract are assessed: in situations where a plaintiff suffers no monetary loss due to breach, a vindication of their legal right to performance can put them in a better financial position than if performance occurred. In this case, the respondent delivered to the appellant sperm that did not comply with certain contractual warranties, inducing the latter to return to the marketplace and acquire replacement sperm at a higher cost. However, this cost increase would most likely have been borne by the appellant's clients, not the appellant herself. The factual scenario is complicated by the structure of the contract and the ethical and legal context in which bodily substances are traded. However, in substance, it parallels a number of other situations where a contracting party does not receive what they bargained for but may not be monetarily worse off as a result.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 28 Issue 2 - Contract law in the cases: 2013 in review
    • Abstract: Goldberger, Jeffrey
      'The theme that runs through our law of contract is that the reasonable expectations of honest men must be protected. It is not a rule or a principle of law. It is the objective which has been and still is the principal moulding force of our law of contract. It affords no licence to a Judge to depart from binding precedent. On the other hand if the prima facie solution to a problem runs counter to the reasonable expectations of honest men, this criterion sometimes requires a rigorous re-examination of the problem to ascertain whether the law does indeed compel demonstrable unfairness.' (Steyn LJ in First Energy (UK) Ltd v Hungarian International Bank Ltd [1993] 2 Lloyd's Rep 194, 196 cited by Allsop J in DSE (Holdings) Pty Ltd v Intertan Inc [2004] FCA 1159)

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 28 Issue 2 - Acceptance by conduct in ecommerce transactions in
           Australia
    • Abstract: Gordon, Bruce
      Traditional analysis of the formation of a simple contract focuses on the timing of the offer and its acceptance to determine the time of and place of the contract's formation. The determination of exactly when an offer has effectively been accepted by the offeree will, subject to express terms in the contract, determine the exact time when the contract is formed. The place where an offer is effectively accepted by the offeree will, subject to express terms in the contract and unusual conflict of law rules, determine the jurisdictionally applicable law of the contract.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 28 Issue 2 - President's message
    • Abstract: Yazbeck, Cristean
      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 28 Issue 1 - The legal scholarship of Professor J W Carter: An
           appreciation
    • Abstract: Phang, Andrew
      When the Journal of Contract Law celebrated its silver jubilee last year at a Conference held in Singapore on 2 and 3 May 2013, it occurred to me that that year also marked the 60th birthday of the founder and General Editor of the Journal, Professor J W Carter. This last-mentioned milestone not only flew under the proverbial radar, but also passed by completely unnoticed. This seemed to me to be inappropriate and, hence, constituted the genesis of the present piece. It was obviously written without Professor Carter's knowledge; nor would he have permitted it if he had known, given his immense modesty. But, as already mentioned, I felt that it was necessary all the same not least because the Journal (which is the leading specialist journal on (the vital topic of) contract law in the Commonwealth) would not even exist today without his initiative as well as prodigious efforts this past quarter of a century. It seems to me also appropriate that this piece is published in the Commercial Law Quarterly as Professor Carter is in fact a lifetime member of the Commercial Law Association.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 28 Issue 1 - Admissibility of covertly obtained audio recordings in
           commercial litigation
    • Abstract: Ivantsoff, Sasha; Bentley, Nicholas
      The outcome of commercial litigation often turns on disputed conversations between two or more witnesses. The courts readily accept that human memory is fallible, which invariably leads to one of the competing versions being accepted in whole or in part by reference to extrinsic factors, such as contemporaneous documentary evidence. However, such evidence will not always be available, in which case the credibility of witnesses becomes relevant. Credibility is sometimes a subjective matter, which can make the outcome of the litigation difficult to predict.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 28 Issue 1 - Security for costs and case management regimes
    • Abstract: Tarrant, John; Dowson, Christopher
      There are a number of factors that a court will take into account when considering an application for security for costs. These include the strength and bona fides of the plaintiff's case, whether the defendant's conduct has caused the plaintiff's financial position, whether the defendant's application for security for costs is oppressive, and delay. Two recent cases have considered an additional factor for a court to consider when an application is made for security for costs: the failure of the applicant to comply with case management directions. The recent Supreme Court of Western Australia Court of Appeal decision in Christou v Stanton Partners Australasia Pty Ltd indicates that if a defendant that has repeatedly ignored case management directions and delays in bringing an application for security for costs against a plaintiff, such defaults by the defendant will not necessarily preclude a court from exercising its discretion to order security for costs under s1335 of the Corporations Act 2001 (Cth) (the Act) or O 25 of the Rules of the Supreme Court of Western Australia 1971 (WA) (the WA Rules) or similar rules in other jurisdictions. The issue was also considered more recently in the Supreme Court of New South Wales in ACN 105 921 962 Pty Ltd v Wiggett.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 28 Issue 1 - Contracts 'subject to finance'
    • Abstract: Munro, Amy
      Many contracts for sale are made 'subject to finance'. Indeed, 'subject to finance' clauses are standardised in many contracts for sale of real estate. Yet, the construction and enforcement of the clause remains perplexing to many. Questions of certainty, standards, waiver and satisfaction of the clause, have given rise to conflicting views amongst practitioners, academics and the judiciary. It was hoped that the High Court of Australia would settle many of these issues in Meehan v Jones (1982) 149 CLR 571. However, it seems that this has not been the case. In 2010, it was reported that allowing conditional contracts to become unconditional was the fifth most costly cause of conveyancing claims in the past three years. The purpose of this paper is to shed some light on the questions that continue to plague contracts that are 'subject to finance'.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 28 Issue 1 - President's message
    • PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 27 Issue 4 - Construing the personal property securities act 2009
           (Cth): Interpretation or interpolation'
    • Abstract: McCracke, Sheelagh
      With the benefit of hindsight, it was perhaps inevitable that the first substantive case on the Personal Property Securities Act 2009 (Cth) ('PPSA') in an Australian jurisdiction would involve a lessor who had not perfected its security interest. The PPSA requires a profound shift in conceptual thinking about a lessor's title to goods. Although that title is a legal interest arising out of the ownership of those goods, it may now also be classified as a statutory security interest in the goods, with the result that the lessor is no longer able to claim protection against competing claims simply by relying on ownership. Rather, the lessor must now take the deliberate step of registering a financing statement to perfect that security interest. For many, such a step is unexpected and hence liable to be overlooked.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 27 Issue 4 - President's message
    • Abstract: Yazbeck, Cristean
      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 27 Issue 4 - Enrichment in the law of unjust enrichment and
           restitution [Book Review]
    • Abstract: Tarrant, John
      Review(s) of: Enrichment in the law of unjust enrichment and restitution, by AVM Lodder.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 27 Issue 4 - Kakavas v Crown Melbourne Limited
    • Abstract: Walton, Rhett
      In the case of Kakavas v Crown Melbourne Limited ('Kakavas')1 the High Court considered the questions of whether heavy losses suffered by a compulsive high roller at a Crown casino ('Crown') conformed to the Amadio principle of being an unfair, unjust or unreasonable exploitation by the casino of the plaintiff's gambling compulsion and whether principles of constructive notice could be imported into the doctrine of Amadio. The case confirms the high standard of proof required to substantiate an allegation of unconscionable behaviour and how the principles apply to the relationship between casinos and their patrons.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 27 Issue 4 - Future of financial advice (FOFA): Stocktake,
           commercial realities and why we're here
    • Abstract: Yazbeck, Cristean
      Anyone with even a remote connection to the financial services industry will be aware of FOFA, whether or not they know what the acronym stands for. That is not to say, however, that one's knowledge of the acronym is indicative of knowledge of its operation, scope, and complexity. The reforms have been the subject of protracted political, industry and consumer discussions, submissions, lobbying, and criticisms, all of which are expected to continue into the future, particularly following the recent election of a Federal Coalition government which not only holds a significant majority, but which has been a staunch critic of aspects of the reforms.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 27 Issue 4 - Necessity, coherence and mutual trust and confidence:
           Commonwealth bank of Australia v barker
    • Abstract: Thai, Pauline
      Professor Brodie has observed that the implied term of mutual trust and confidence 'constitutes judicial recognition of the fact that the employment contract is not just about economic exchange but also social or personal relations.' While the term is 'well-established' in the United Kingdom, there is significant uncertainty about the existence, nature and scope of the term in Australia. In Commonwealth Bank of Australia v Barker, a Full Court of the Federal Court held, by majority, that the term of mutual trust and confidence is implied by law into all contracts of employment in Australia. This is the first time that an intermediate appellate court in Australia has accepted the implied term as part of the ratio decidendi of its decision and awarded damages for breach of the term. The key proposition emerging from the majority judgment in Barker is that the implied term of mutual trust and confidence satisfies the test of necessity for terms implied by law. Following an examination of the majority and dissenting judgments in Barker, this paper evaluates the accuracy of that key proposition.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 27 Issue 3 - Streetcars and desire: Preliminary discovery in Roads
           and Traffic Authority of NSW v Care Park Pty Ltd
    • Abstract: Tarrant, John; Dowson, Christopher
      Preliminary discovery can be used, prior to the commencement of litigation, to obtain information that might be required so that a potential plaintiff can commence proceedings against a potential, and perhaps unknown, defendant. In Roads and Traffic Authority of NSW v Care Park Pty Ltd, the New South Wales Court of Appeal considered the issue of preliminary discovery of documents, and other information, under the Uniform Civil Procedure Rules 2005 (NSW) (the UCPR).

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 27 Issue 3 - Cartels and the Competition and Consumer Act 2010
           (Cth)
    • Abstract: C, Christopher; SC, Hodgekiss
      Australia has a rich record of businesses being involved in cartel conduct. This conduct was revealed in various Royal Commissions, both Commonwealth and State during the 1950s and by the number of cartel arrangements notified to the Trade Practices Commission (the 'TPC') pursuant to the Trade Practices Act 1965.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 27 Issue 3 - The implications of contractual terms: Problems with
           Belize Telecom
    • Abstract: Carter, JW
      A major challenge to the traditional approach to the implications of terms in contracts was made by Lord Hoffmann, delivering the advice of the Privy Council in Attorney General of Belize v Belize Telecom Ltd. Even at a basic level, the judgment of Lord Hoffmann has three quite striking features.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 27 Issue 3 - 2014 seminars
    • PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 27 Issue 3 - President's message
    • Abstract: Yazbeck, Cristean
      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 27 Issue 2 - Restitution, equity and statutory liability
    • PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 27 Issue 2 - The new regime of practice in the equity division of
           the supreme court of New South Wales
    • Abstract: Bergin, PA
      In 1885 Edward Bray identified the various objects of document disclosure, as they had been identified in the case law as being: '... to supply evidence or to prevent expense and delay in procuring it; to save expense and trouble; to prevent a long enquiry and to determine the action as expeditiously as possible; ... [and] to ... save expenses ...'

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 27 Issue 2 - The remedy of rectification
    • Abstract: Carter, JW
      The principal object of this short paper is to summarise the basic principles which govern the remedy of rectification. That also provides an opportunity to identify points on which Australian law may differ from English law, at least in relation to rectification for common mistake. The principles regulating rectification in that context were restated by the House of Lords in Chartbrook Ltd v Persimmon Homes Ltd. Subsequent decisions would seem to indicate that the formulation in Chartbrook has caused some confusion in England, with quite different views being expressed as to the guidance which was provided in the restatement. Analysis of those views is beyond the scope of this paper. Although the High Court has not for some time had the opportunity to review the law of rectification, there are important judgments in recent decisions of the New South Wales Court of Court of Appeal.3 So far, there has been no inclination to apply Chartbrook. That is not surprising.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 27 Issue 2 - Commodity transactions and part 3.4 of the personal
           property securities act 2009: An anomalous outcome
    • Abstract: Boxall, Andrew; Loxton, Diccon
      The purpose of this article is to consider briefly the operation of Part 3.4 of the Personal Property Securities Act 2009 (Cwth) (the 'PPSA') in relation to commodity transactions. Part 3.4 is headed 'Processed or commingled goods', and, according to s98, its objective is to deal with '... security interests in goods that become an unidentifiable part of a larger product or mass'. Part 3.4 deals with fungible goods which have simply been mixed together, such as wheat in a silo or minerals in a stockpile, in the same way as it deals with goods which have been processed or inseparably affixed so as to become part of a product, such as resin and woodchips which become chipboard, or mechanical parts which are welded together. We question the suitability of this common approach to mixtures of fungible goods.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 27 Issue 2 - President's message
    • Abstract: Yazbeck, Cristean
      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 27 Issue 1 - Termination for convenience clauses: The role of good
           faith following Trans petroleum v White gum
    • Abstract: Curtin, Ben
      In an earlier note in this journal,1 the author considered the question whether a termination for convenience clause should be regulated by an obligation to act reasonably or in good faith. The note considered that question by reference to two interlocutory decisions of the Supreme Courts of New South Wales2 and Victoria3 that indicated that there was a serious question to be tried as to whether termination for convenience clauses are subject to such an obligation. The note identified the difficulties in accepting that proposition in Australian contract law.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 27 Issue 1 - Practice in the corporations list of the supreme court
           of NSW
    • Abstract: Black, Ashley
      In this paper I will deal with several aspects of practice in the Corporations List, some of which involve issues that also arise in litigation in the Equity Division generally. I will also deal with several issues of law and practice that arise in particular categories of occasions in the Corporations List.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 27 Issue 1 - Remoulding pre-contracts in China: Essentials and
           framework
    • Abstract: Wei, Shen; Yu, Kenny
      The PRC Supreme People's Court has recently issued its third piece of judicial interpretation on the PRC Contract Law in order to clarify ambiguities surrounding the sales contract. Among others, the new judicial interpretation tries to regulate pre-contractual liability, a thorny issue not only in China but also abroad. This article is in an attempt to understand the interrelationship between the PRC Contract Law and the latest judicial interpretation on pre-contractual liability by remoulding a so-called 'good faith framework' thereby removing any potential tensions between the two instruments so that the current Article 42 and the judicial interpretation may work in a more sensible and analytical fashion.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 27 Issue 1 - President's message
    • Abstract: Yazbeck, Cristean
      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 26 Issue 4 - Seen at the seminars
    • PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 26 Issue 4 - Welcome to our new members
    • PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 26 Issue 4 - Australian contract law: A case law update
    • Abstract: Goldberger, Jeffrey
      In this review of recent Australian contract law cases the following subject matter is covered: 1. Correction of mistakes by construction. 2. Contract formation: the problem of uncertainty. . 3. Termination and good faith. . 4. Relief against penalties and forfeiture. . 5. Direct and consequential loss. . It must be stressed, however, that the courts have handed down important decisions in other areas of contract law, eg, promissory estoppel which are not dealt with in this paper.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 26 Issue 4 - How does 'equitable estoppel' apply in practice':
           A case note of Waddell v Waddell
    • Abstract: Mathias, Louise
      For most practitioners, equitable estoppel is a familiar concept, particularly in law practices specialising in wills, commercial law, employment and family law. The recent New South Wales Court of Appeal decision in Waddell v Waddell1 provides a recent example of how the concept of equitable estoppel arises in wills, thus providing practitioners with an important reminder that appropriate fact-finding at the outset can serve as a safeguard against future litigation and the ultimate depletion of an estate's assets.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 26 Issue 4 - President's message
    • Abstract: Yazbeck, Cristean
      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 26 Issue 3 - A stitch in time: Early intervention in a corporate
           context
    • Abstract: Burges, Paul
      It is my intention to devote much of this paper to consideration of early interventions in the context of a corporation under stress. In doing so, I will look particularly at those issues against the background of my experiences serving the Small to Medium sized Enterprises (SMEs) sector.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 26 Issue 3 - 'Reducing red tape': A new regulator for the charities
           sector
    • Abstract: Maxwell, Kylie
      At the time of writing this article two Bills had just been passed through both houses of the Federal Parliament that would change the way the charities sector would be regulated. We now know those bills have become law. Before they were passed, the Australian Charities and Not-for-profits Commission Bill 2012 (the ACNC Bill) and the Australian Charities and Not-for-profits Commission (Consequential and Transitional) Bill 2012 (the ACNCC and T Bill) (together, the Bills) were the subject of a report by the Parliamentary Joint Committee on Corporations and Financial Services and the Senate Standing Committee on Community Affairs (the Reports).

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 26 Issue 3 - Some recent developments in the 'shareholder's
           derivative action'
    • Abstract: Aitken, Lee
      The rule in Foss v Harbottle provided that no action would lie at the suit of a shareholder of a company, although exceptionally he might be permitted to bring a derivative action in right of the company and recover damages on its behalf.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 26 Issue 3 - CEO's report
    • Abstract: Wilson, Max
      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 26 Issue 3 - President's message
    • Abstract: Yazbeck, Cristean
      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 26 Issue 2 - Guidance for general and corporate counsel:
           Reflections on James Hardie
    • Abstract: Armstrong, Daren M
      On 3 May 2012, the High Court of Australia delivered its judgments in the James Hardie litigation, namely: ASIC v Hellicar and Ors (the first judgment) and Shafron v ASIC (the second judgment). < This article reflects on the judgments insofar as they provide guidance for those who serve as General or Corporate Counsel, especially those who serve in the positions of General Counsel, Corporate Counsel or General Counsel and Company Secretary jointly. Reflections are drawn with the benefit of the writer's firm, Kemp Strang, acting for one of the James Hardie non-executive directors at all stages of the litigation.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 26 Issue 2 - Procedural and evidentiary features of civil penalty
           proceedings after One.Tel, James Hardie, Fortescue Metals and Centro
    • Abstract: Abadee, Alister
      The institution of civil penalty proceedings by ASIC is an important part of its regulatory arsenal; though of course, it is only part of that arsenal. It is the means by which ASIC can procure court orders to disqualify directors or company officers (ss206C and/or 206E) or fines against them (s1317J(1)) arising from contravention of various 'civil penalty provisions' (s1317E) in the Corporations Act 2001 (Cth). ASIC, along with the company or responsible entity of a registered scheme, may also apply for a compensation order for any damage resulting from the contravention of these provisions (ss1317H- 1317HA and 1317J(2) of the Corporations Act).

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 26 Issue 2 - Sahab v registrar-general and castle constructions Pty
           Ltd: Amending the indefeasible register
    • Abstract: Burton, Gregory
      Sahab Holdings Pty Ltd v Registrar-General and Castle Constructions Pty Ltd [2011] NSWCA 395 and [2012] NSWCA 42 examined the interaction of statutory powers under the Real Property Act 1900 (NSW) (RPA) to amend the Torrens title register with the doctrine of indefeasibility and statutory exceptions to indefeasibility. It is of commercial interest to subsequent registered proprietors such as registered mortgagees who may seek to have the statutory powers to amend the register used in their favour or who may find them sought to be used against them, when the exercise of power is within an express exception to indefeasibility (for the position where there is no express exception to indefeasibility and the property has been on-sold after exercise of power, see, eg, Hemer Pty Ltd v Benni (No 2) [2011] SASCFC 143 (building on issues determined in Hemer v Benni (No 1) [2011] SASCFC 35), also recognised by the CA in the present case [2011] NSWCA 395 at [250]). Parties, including registered mortgagees, who have successfully requested the exercise of amending power and who remain on the register are at risk of that exercise being reversed on the application of a subsequent registered proprietor affected by the decision, although the decision was not challenged at the time of initial exercise by the then registered proprietor affected by the decision. The New South Wales Court of Appeal did not need in the present case to canvass the limits of all aspects of the amending power when there was no express statutory exception to indefeasibility and the party who requested exercise of the amending power was still on the register and later became the subject of a review application seeking to restore the original position: see, eg, [2011] NSWCA 395 at [150].

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 26 Issue 2 - CEO's Report
    • Abstract: Wilson, Max
      This edition of CLQ includes three papers: 'Procedural and Evidentiary Features of Civil Penalty Proceedings after One.Tel, James Hardie, Fortescue Metals and Centro' by Alister Abadee, 'Guidance for General and Corporate Counsel: Reflections on James Hardie' by Daren M Armstrong and 'Sahab v R-G and Castle: Amending the Indefeasible Register' by Gregory Burton SC.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 26 Issue 2 - President's Message
    • Abstract: Yazbeck, Cristean
      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 26 Issue 1 - 2012 journal of equity conference: Equity and contract
    • PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 26 Issue 1 - Seen at the seminars
    • PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 26 Issue 1 - Contract law in Australia: A case law update
    • Abstract: Goldberger, Jeffrey
      The theme that runs through our law of contract is that the reasonable expectations of honest men must be protected. It is not a rule or a principle of law. It is the objective which has been and still is the principal moulding force of our law of contract. It affords no licence to a Judge to depart from binding precedent. On the other hand if the prima facie solution to a problem runs counter to the reasonable expectations of honest men, this criterion sometimes requires a rigorous re-examination of the problem to ascertain whether the law does indeed compel demonstrable unfairness. (Steyn LJ in First Energy (UK) Ltd v Hungarian International Bank Ltd [1993] 2 Lloyd's Rep 194, 196 cited by Allsop J in DSE (Holdings) Pty Ltd v Intertan Inc [2004] FCA 1159).

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 26 Issue 1 - Equitable charge or equitable mortgage'
    • Abstract: Aitken, Lee
      In theory, the difference between a charge and a mortgage is easy to state. A mortgagee will gain the equitable title to the property the subject of the security, with the mortgagor enjoying an equity of redemption. A chargee does not obtain an equitable title; the charge only 'burdens' the property once it has been 'appropriated' to the charge - the chargee's remedy is to enforce by means of a sale in court, or the appointment of a receiver.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 26 Issue 1 - CEO's Report
    • Abstract: Wilson, Max
      This edition of the Commercial Law Quarterly includes two substantial papers. Associate Professor Lee Aitken's article 'Equitable charge, or equitable mortgage'' The distinction between a charge and a mortgage is easy to state, as a matter of practice and construction the distinction between the two modes of security is far less easy to draw.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 26 Issue 1 - President's message
    • Abstract: Yazbeck, Cristean
      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 25 Issue 4 - Legislative review digest
    • Abstract: Gillard, Brian J; Ansell, Simon W
      The Legislative Review Task Force regularly reviews legislation and legislative reform proposals that fall within the Association's areas of interest.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 25 Issue 4 - Back from the dead: Recent manifestations of sections
           99B and 99C ITAA 1936
    • Abstract: Hamilton, Roger
      Sections 99B and 99C Income Tax Assessment Act 1936 (ITAA 1936) were introduced in 1979 (Act No 12). Although there have been later amendments, they did little to clarify the extremely broad scope of the rules.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 25 Issue 4 - Frustration and force majeure: Commentary
    • Abstract: Robertson, Donald
      The valuable papers by Professor Hunter and Professor Carter reveal that there is life yet in the doctrine of frustration. That is because the basic problem of contracting - the inability to cover every contingency - will always be with us. Legal theory always has, and always will, deal with the problem of supervening events. As the world changes, those events become more complex. That complexity itself increases the need for a legal response because the contracting process in turn becomes more complex.`

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 25 Issue 4 - From coronations to sand bans: Frustration and force
           majeure in the 21st century
    • Abstract: Hunter, Howard
      From the middle of 2008 through the second quarter of 2011 natural, economic and political events have had unusual and unexpected effects on a wide range of commercial transactions. Consider the following: - The financial collapse of 2008-09 which was especially difficult in North America and Europe, and which continues to affect financial markets. - The worldwide recession that followed the financial collapse. - Droughts and floods in a number of important areas of agricultural production. - A volcanic eruption in Iceland that shut down the skies over Europe for commercial aviation (and others in Indonesia and Chile with similar effects in areas of somewhat less heavy traffic). - Earthquakes in New Zealand and Japan and a terrible tsunami in Japan. - Damage to a nuclear power plant in Japan that resulted in the dispersal of radiation over a large area. - Political unrest which led to governmental changes in Tunisia and Egypt. - Unrest and a civil war in Libya with resulting disruption to Libyan oil production. - Continuing unrest in Bahrain which may affect capital markets in the region and unrest in Syria and Yemen which could have far-reaching effects on the region.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
 
 
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