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Full-Text Articles in Law
Time To Define 'The Cornerstone Of Public Order Legislation': The Elements Of Offensive Conduct And Language Under The Summary Offences Act 1988 (Nsw), Julia Ann Quilter, Luke J. Mcnamara
Time To Define 'The Cornerstone Of Public Order Legislation': The Elements Of Offensive Conduct And Language Under The Summary Offences Act 1988 (Nsw), Julia Ann Quilter, Luke J. Mcnamara
Faculty of Law, Humanities and the Arts - Papers (Archive)
This article addresses a contradiction that has long been at the heart of the criminal law concerned with ‘public order’. Although crimes such as offensive conduct and offensive language are amongst the most frequently prosecuted offences in Australia, their legal nature is poorly understood and rarely the subject of judicial scrutiny or academic explanation. In the context of ongoing controversy over whether such offences have a legitimate place on the statute books, we confront this oversight. This article draws on the High Court of Australia’s decision in He Kaw Teh v The Queen1 to lay out a methodology for construing …
The Scope And Limitations Of The Doctrine Of Misleading Or Deceptive Conduct In The Context Of Guarantees: Some Perspectives And Uncertainties, Charles Chew
Faculty of Law - Papers (Archive)
In this article, there is a critical analysis of the doctrine of misleading or deceptive conduct under s 52 of the Trade Practices Act 1974 (Cth) which is frequently relied upon for vitiation by guarantors or sureties who, as a result of such conduct on the part of the lender or credit provider, have given guarantees without adequate understanding or informed consent. It looks at how s 52 allows a party who is induced to enter into a contract of guarantee by misleading or deceptive conduct may be entitled to damages from the lender (the representor) in respect of any …