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Full-Text Articles in Law
The Intersection Of The Rule In Yerkey V Jones And Contemporary Anti-Discrimination Law In Australia – Can The ‘Special Wives’ Equity Survive?, Kenneth Yin, Mostafa M. Naser
The Intersection Of The Rule In Yerkey V Jones And Contemporary Anti-Discrimination Law In Australia – Can The ‘Special Wives’ Equity Survive?, Kenneth Yin, Mostafa M. Naser
Research outputs 2022 to 2026
The High Court in Yerkey v Jones considered the enforceability of a guarantee provided by a married woman to secure her husband’s debts. Dixon J said that although the relationship of husband and wife did not give rise to a presumption of undue influence, the law had never been divested completely of ‘the equitable presumption of an invalidating tendency’. Dixon J’s formulation was essentially adopted by the majority justices in Garcia v National Australia Bank and their judgment thus represents the definitive endorsement of Dixon J’s view. Kirby
J on the other hand rejected ‘the stereotype underlying Yerkey’, which he …
The Law And Racism: Some Reflections On The Australian Experience, Laksiri Jayasuriya
The Law And Racism: Some Reflections On The Australian Experience, Laksiri Jayasuriya
Research outputs pre 2011
Racism in Australian society is not something new and surprising. For a variety of historical and socio-political reasons it has existed from the earliest days ·of colonisation, and there have been a variety of strategies tried over the years to deal with racism as a social problem. One strategy most frequently resorted to, especially in recent years, has been to use the law as a means of combating racism. Before considering the questions of law and racism, we need first to clarify what we mean by the term racism...