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Full-Text Articles in Law

From Common Law To Civil Law Jurisdictions: Court Adr On The Move In Germany, Nadja Alexander Dec 2001

From Common Law To Civil Law Jurisdictions: Court Adr On The Move In Germany, Nadja Alexander

Research Collection School Of Law

In Australia today, ADR processes are recognised not only as a distinct system of dispute resolution, but also as a system that interacts interdependently with the legal system. This is most clearly demonstrated in the context of court-related mediation, which is increasingly seen as an effective way to increase access to, participation in, and satisfaction with the way legal disputes are resolved. Cappelletti categorises ADR as the third wave in the worldwide access-to-justice movement. ADR provides a different approach and a different sort of justice for solving disputes — what Cappelletti labels ‘co-existential justice’.


Foskett V. Mckeown – Hard-Nosed Property Rights Or Unjust Enrichment?, Hang Wu Tang Nov 2001

Foskett V. Mckeown – Hard-Nosed Property Rights Or Unjust Enrichment?, Hang Wu Tang

Research Collection School Of Law

The recent judgment of the House of Lords in Foskett is extremely important as it straddles insurance law, property law, tracing and unjust enrichment. First, it establishes the proposition that it is possible to trace misappropriated moneys wrongfully paid as premiums into the proceeds of a policy. Second, two of the Law Lords contemplated the abolition of the distinction between the rules for tracing in law and tracing in equity. Third, the judgments of the Law Lords contain valuable guidance as to the context in which equitable ownership and the law of unjust enrichment should be viewed.


Book Review: The Handbook Of Conflict Resolution: Theory And Practice, Nadja Alexander Oct 2001

Book Review: The Handbook Of Conflict Resolution: Theory And Practice, Nadja Alexander

Research Collection School Of Law

No abstract provided.


What's Law Got To Do With It: Mapping Modern Mediation Movements In Civil And Common Law Jurisdictions, Nadja Alexander Jul 2001

What's Law Got To Do With It: Mapping Modern Mediation Movements In Civil And Common Law Jurisdictions, Nadja Alexander

Research Collection School Of Law

Context defines mediation and has a direct impact on how it is practised. National legal contexts reveal historically embedded systemic differences that can provide insights into the reasons behind the rapid expansion of mediation in common law jurisdictions, and the comparatively hesitant development of mediation in civil law jurisdictions. In this article I consider the legal and political forces behind the modern mediation movements in Australia and Germany: two countries that represent the common law and the civil law traditions respectively.


Whose News About Justice? [Review Essay], Mark Findlay Jul 2001

Whose News About Justice? [Review Essay], Mark Findlay

Research Collection School Of Law

Review of two books: Whose News About Justice? Nicholas Cowdery (2001), Getting Justice Wrong, Allen & Unwin, Sydney, ISBN 1865083224 & Jock Collins, Greg Noble, Scott Poynting & Paul Tabar (2001), Kebabs, Kids, Cops and Crime, Pluto Press, Sydney, ISBN 1864031131.


From Communities To Corporations: The Growth Of Mediation In Sri Lanka, Nadja Alexander Apr 2001

From Communities To Corporations: The Growth Of Mediation In Sri Lanka, Nadja Alexander

Research Collection School Of Law

In this article I will outline the development of modern mediation in Sri Lanka. I use the term mediation to mean facilitative mediation. Accordingly, for the purposes of this article, mediation does not include processes such as conciliation or evaluative mediation, which are used in Sri Lanka, for example in industrial dispute resolution practice.


From Communities To Corporations: The Growth Of Mediation In Sri Lanka, Nadja Alexander Apr 2001

From Communities To Corporations: The Growth Of Mediation In Sri Lanka, Nadja Alexander

Research Collection School Of Law

In this article I will outline the development of modern mediation in Sri Lanka. I use the term mediation to mean facilitative mediation. Accordingly, for the purposes of this article, mediation does not include processes such as conciliation or evaluative mediation, which are used in Sri Lanka, for example in industrial dispute resolution practice.


The Role Of Boards And Stakeholders In Corporate Governance, Victor C. S. Yeo, Pearlie M. C. Koh Apr 2001

The Role Of Boards And Stakeholders In Corporate Governance, Victor C. S. Yeo, Pearlie M. C. Koh

Research Collection School Of Law

This paper was written specifically for the OECD Third Asian Roundtable on Corporate Governance, held in Singapore in April 2001, the theme of which was "the Role of Boards and Stakeholders in Corporate Governance". It goes without saying that a significant part of corporate governance is about managerial control and accountability. The duties imposed on directors, how Board members are chosen, Board composition, the interaction between members, the roles and responsibilities that Boards undertake, both as a whole and by their individual members, all have significant impact on the efficacy and propriety of the Board in fulfilling its functions. This ...


When Do Rights Arise Under The Contracts (Rights Of Third Parties) Act 1999 (Uk)?, Tiong Min Yeo Mar 2001

When Do Rights Arise Under The Contracts (Rights Of Third Parties) Act 1999 (Uk)?, Tiong Min Yeo

Research Collection School Of Law

There are two aspects to the common law doctrine of privity of contract. The first, that a contract cannot impose liabilities on a third party, is not very controversial. The second, that in general a contract can only confer rights on parties to the contract even if it is clearly the intention of the contracting parties to benefit a third party, is highly controversial, and has been the subject of much judicial criticism.


Rationalising Restitutionary Damages In Contract Law: An Elusive Or Illusory Ques, Andrew Phang, Pey Woan Lee Jan 2001

Rationalising Restitutionary Damages In Contract Law: An Elusive Or Illusory Ques, Andrew Phang, Pey Woan Lee

Research Collection School Of Law

The present article surveys various issues in the law relating to the award of restitutionary damages in contract law, utilising as its point of focus the recent House of Lords decision in Attorney-General v Blake. It explores, in particular, two possible (albeit quite different) routes towards the recovery of such damages; the first based on the (more traditional) compensatory basis and the second on the (more controversial) restitutionary basis for disgorgement of the defendant's gain. While we argue that there is, on a more general level, no overriding objection in principle to the award of restitutionary damages for cynical ...


The Statutory Derivative Action In Singapore: A Critical And Comparative Examination, Pearlie Koh Jan 2001

The Statutory Derivative Action In Singapore: A Critical And Comparative Examination, Pearlie Koh

Research Collection School Of Law

As a mechanism for shareholder control of corporate wrongs and thus as a tool of corporate governance, the statutory derivative action has had much international attention given to it, particularly in the last 10 years. Singapore introduced its statutory derivative action in 1993 and since then, there have been two reported cases in which the action was invoked. In this paper, I consider the Singapore derivative action as contained in sections 216A and 216B of the Singapore Companies Act. The approach taken is a comparative one as I also look at the statutory derivative actions in Australia and other common ...


Theories Of Law, Boon Leong, Andrew Phang Jan 2001

Theories Of Law, Boon Leong, Andrew Phang

Research Collection School Of Law

No abstract provided.


Developments In The Law Of Contract, Boon Leong, Andrew Phang Jan 2001

Developments In The Law Of Contract, Boon Leong, Andrew Phang

Research Collection School Of Law

No abstract provided.


The Development Of Criminal Law And Criminal Justice In Singapore, Boon Leong, Andrew Phang, Wing Cheong Chan Jan 2001

The Development Of Criminal Law And Criminal Justice In Singapore, Boon Leong, Andrew Phang, Wing Cheong Chan

Research Collection School Of Law

No abstract provided.


Gaming And Wagering Contracts, Boon Leong, Andrew Phang Jan 2001

Gaming And Wagering Contracts, Boon Leong, Andrew Phang

Research Collection School Of Law

No abstract provided.


Contents Of Contract, George Thomas Luis Shenoy Jan 2001

Contents Of Contract, George Thomas Luis Shenoy

Research Collection School Of Law

No abstract provided.


Regulation Of Religious Proselytism In The United States, Howard Hunter, Polly J. Price Jan 2001

Regulation Of Religious Proselytism In The United States, Howard Hunter, Polly J. Price

Research Collection School Of Law

Howard Hunter and Polly Price examine the components of the US legal system that affect proselytism, focusing on the contradictions between the constitutional protection of religious freedom and legal constraints on proselytism. Hunter and Price comprehensively review the regulation of proselytism in both public and private spaces in the United States, analyze the justifications for these regulations, and suggest probable future issues of debate regarding religious freedom. Additionally, Hunter and Price argue that the regulation of proselytism has led to a failure to protect religious minorities, and in some cases contributed to their persecution.


The Institutionalization Of Mediation Developments In The Usa, Australia And Germany (In German), Nadja Alexander Jan 2001

The Institutionalization Of Mediation Developments In The Usa, Australia And Germany (In German), Nadja Alexander

Research Collection School Of Law

No abstract provided.


Mediation In Practice: Common Law And Civil Law Perspectives Compared, Nadja Alexander Jan 2001

Mediation In Practice: Common Law And Civil Law Perspectives Compared, Nadja Alexander

Research Collection School Of Law

Australian mediation practice is thriving. Effective forms of mediation are practised in court-connected schemes, in the public sector, in the community justice sector and in the private business sector. Indeed, no industry is excluded from the application of mediation. In contrast, Hoffmann-Riem laments that despite many years of discussions about ADR (alternative dispute resolution) in Germany, mediation plays a marginal role only. Further, Labes states that 'ADR mechanisms are relatively obscure methods in Germany.' The comparison between Australia and Germany is particularly interesting because it considers both a common law and a civil law tradition. This essay will discuss the ...


Performance Of Contract, Pearlie Koh Jan 2001

Performance Of Contract, Pearlie Koh

Research Collection School Of Law

No abstract provided.


Vitiation Of Contract, Pearlie Koh Jan 2001

Vitiation Of Contract, Pearlie Koh

Research Collection School Of Law

No abstract provided.


Developments In The Law Of Equity, Michael Hwang, Andrew Chan, Fatt Kin, Kelvin Low Jan 2001

Developments In The Law Of Equity, Michael Hwang, Andrew Chan, Fatt Kin, Kelvin Low

Research Collection School Of Law

No abstract provided.


Product Shape And Trade Dress Protection Under Trademark Law In Europe, Gordon Ionwy David Llewelyn Jan 2001

Product Shape And Trade Dress Protection Under Trademark Law In Europe, Gordon Ionwy David Llewelyn

Research Collection School Of Law

Trade dress, an American term perhaps better-known in British English as 'get-up', is a distinctive, non-functional feature which distinguishes a trader or manufacturer's goods or services from those of others. It may consist of inter alia colour, shape, design, sound, smell, product packaging or product configuration. One might describe trade dress as encompassing the total image and overall impression created by a product. In Europe protection afforded to features falling outside established trademark laws has traditionally been under laws of unfair competition or unfair marketing practices (in the United Kingdom, under the law of passing-off). However, in 1988 the ...


Product Shape And Trade Dress Protection Under Trademark Law In Europe, Gordon Ionwy David Llewelyn Jan 2001

Product Shape And Trade Dress Protection Under Trademark Law In Europe, Gordon Ionwy David Llewelyn

Research Collection School Of Law

Trade dress, an American term perhaps better-known in British English as 'get-up', is a distinctive, non-functional feature which distinguishes a trader or manufacturer's goods or services from those of others. It may consist of inter alia colour, shape, design, sound, smell, product packaging or product configuration. One might describe trade dress as encompassing the total image and overall impression created by a product. In Europe protection afforded to features falling outside established trademark laws has traditionally been under laws of unfair competition or unfair marketing practices (in the United Kingdom, under the law of passing-off). However, in 1988 the ...


Juror Comprehension And Complexity: Strategies To Enhance Understanding, Mark Findlay Jan 2001

Juror Comprehension And Complexity: Strategies To Enhance Understanding, Mark Findlay

Research Collection School Of Law

Recent law reform debate proposes the complexity of trials as generally reducing juror comprehension. This in turn is said to impact on the accuracy of the verdict. The empirical studies of three very different jury systems examined in detail in the paper challenge these assumptions against problematic measures of complexity. Critics of the jury, particularly in commercial fraud trials, often take the issue of trial complexity as a given. The studies demonstrate that features of the trial which trouble jurors in terms of concentration, comprehension and decision making are consistent, while often specific to the trial and interrelated. The paper ...


Synthesis In Trial Procedures? The Experience Of The International Criminal Tribunals, Mark Findlay Jan 2001

Synthesis In Trial Procedures? The Experience Of The International Criminal Tribunals, Mark Findlay

Research Collection School Of Law

Critical to analysing the recent synthesis of criminal trialprocedures is an understanding of the internationalisation of criminal law andprocedure. As well as the creation of international tribunals to investigateand try crimes of world significance, there is emerging an internationaljurisprudence on criminal law (and procedural hybrids to support and developthis) which require integrated analysis.