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Articles 1 - 8 of 8
Full-Text Articles in Law
Valuing Practice: The Place Of Practical Legal Research In Academic Life., K. F. Maxwell, J. Pastellas
Valuing Practice: The Place Of Practical Legal Research In Academic Life., K. F. Maxwell, J. Pastellas
Faculty of Law - Papers (Archive)
Practical legal training has traditionally been the poor relation of the legal education family. Along with the similarly placed clinical legal education, it is a latecomer to formal legal education and its academic value is regarded with some reservation by those involved in more mainstream areas of academia. These reservations are not entirely unfounded. While few could deny the value of practical legal training in terms of teaching and contribution to the legal community, it is in the contribution to research and scholarship that practical legal training may be seen to be less successful. Few academics who teach in practical …
What’S In A Name? The Changing Definition Of Weeds In Australia, E. Arcioni
What’S In A Name? The Changing Definition Of Weeds In Australia, E. Arcioni
Faculty of Law - Papers (Archive)
Changes in cultural values since 1788 have influenced our perceptions of, and approaches to, foreign plant species and the way in which we have defined what is a “weed”. This article is an historical overview of the concept of “weeds” in Australia from 1788 to the present. This article follows changes in the definition and concludes with an analysis of the way in which elements of historical definitions can be seen in today’s legislative and policy regimes.
Dimensions Of Legal Diversity In Corporate Structure: Linking The Global And The Local, J. M. Marychurch
Dimensions Of Legal Diversity In Corporate Structure: Linking The Global And The Local, J. M. Marychurch
Faculty of Law - Papers (Archive)
This paper will address diversity in legal culture at the local and member state level and its impact on corporations striving to attain global competitiveness in the 21st century economy. The example of the European Union – which has been struggling to meet the demands of a global economy in relation to corporate structure and organisational management, while simultaneously maintaining diversity in legal and regulatory culture at a local level – will be considered. Significant lessons can be learned from Australian experience in managing corporate structure and regulation to meet the needs of industry and of government regulators at a …
Developments In Australian Fisheries Law: Setting The Law Of The Sea Convention Adrift?, Warwick Gullett
Developments In Australian Fisheries Law: Setting The Law Of The Sea Convention Adrift?, Warwick Gullett
Faculty of Law - Papers (Archive)
Significant developments have recently occurred in the ongoing campaign by the Australian Government to combat illegal foreign fishing in Australian waters, particularly against Patagonian toothfish poaching. On 22 March 2004 significant amendments to Australia’s fisheries laws were passed by the Commonwealth Parliament to improve regulatory efficiency and combat illegal foreign fishing in the Australian Fishing Zone (AFZ). In addition, on 12 March 2004 the Federal Court of Australia delivered a landmark decision in Olbers v Commonwealth of Australia (No 4) [2004] FCA 229 concerning the automatic forfeiture of foreign vessels to the Commonwealth of Australia at the time when a …
Relying On Fishy Advice: The Ostrowski Decision, Warwick Gullett
Relying On Fishy Advice: The Ostrowski Decision, Warwick Gullett
Faculty of Law - Papers (Archive)
On 16 June 2004, the High Court of Australia decided in Ostrowski v Palmer [2004] HCA 30 that the defence of honest and reasonable mistake of fact cannot be used on the basis that a commission of a strict liability offence was induced by the provision of misleading advice from a government agency. In the case the High Court reinstated a conviction against a Western Australian rock lobster fisherman for fishing in a marine life protection zone despite the fact that the fisherman, Mr Jeffrey Palmer, had gone to the WA Fisheries Department to find out where he could fish, …
The Noxious Weeds Act 1993 (Nsw) – Balancing People, Planet And Profit?, E. Arcioni
The Noxious Weeds Act 1993 (Nsw) – Balancing People, Planet And Profit?, E. Arcioni
Faculty of Law - Papers (Archive)
Does the legislative system of weeds management in NSW balance the interests of people, planet and profit? Weeds pose a threat to agriculture, human health and the natural environment and therefore require management to address those threats. Such management is challenged by the need to balance the negative effects of weeds on a variety of interests with the financial costs and detrimental side-effects of the weed management itself. The central legal element of the weed management system in New South Wales is the Noxious Weeds Act 1993 (NSW). The Act cannot be considered in isolation. It must be considered in …
Co-Operation Or Sovereignty? Achieving Federalisation Of Corporate Regulation , J. M. Marychurch
Co-Operation Or Sovereignty? Achieving Federalisation Of Corporate Regulation , J. M. Marychurch
Faculty of Law - Papers (Archive)
This paper will analyse the tensions between the harmonisation of law and the maintenance of sovereignty of member states in federal systems. The paper will focus on Australia and the European Union and the pressures faced, in light of the impact of globalisation, to resolve the issues that have plagued both jurisdictions for decades in achieving a satisfactory and sustainable model for corporate regulation on a federal level.
The International Undertaking On Plant Genetic Resources For Food And Agriculture: Will The Paper Be Worth The Trees?, G. L. Rose
Faculty of Law - Papers (Archive)
The workability of a new treaty on plant genetic resources, adopted in 2002, is analysed. The pre-existing international legal regime that influenced its development and the treaty's place within that regime is considered.