Law Commons^™

The Interest Is Not Mutual: Effect Of The Personal Property Securities Act 2009 (Cth) On Contractual Rights Of Set-Off, Caroline Woo

The University of Notre Dame Australia Law Review

In Hamersley Iron Pty Ltd v Forge Group Power Pty Ltd (In Liquidation) (Receivers and Managers Appointed), the Supreme Court of Western Australia held that the rights of ANZ, a secured creditor of Forge Group Power Pty Ltd (Forge) holding a security interest under the Personal Property Securities Act 2009 (Cth) (PPSA), trumped Hamersley Iron Pty Ltd’s rights of contractual and equitable set-off. Forge is in receivership and in liquidation. In answering the preliminary issues in dispute between the parties, the Supreme Court examined the complex interaction between contractual and equitable rights, the PPSA and section 553C of the Corporations …

Do Judges Make Law?, Michael L. Barker

The University of Notre Dame Australia Law Review

No abstract provided.

‘Airbnb’ In Western Australia: New Issues For Policy Makers Arising From A ‘Disruptive Innovatation', Bertus De Villiers

The University of Notre Dame Australia Law Review

The short terms rental market, colloquially referred to as ‘Airbnb’ accommodation, has proliferated the Australian (and international) accommodation market. The number of rooms being made available per nights in Australia via sort term rental websites runs into the hundreds of thousands. Policy makers have generally been slow to respond to this ‘disruptive innovation’. It is particularly in strata title schemes where the legality of short term rentals is being tested. In this article consideration is given to a recent judgement of the Supreme Court of Appeal in Western Australia to uphold a decision of the State Administrative Tribunal whereby a …

North Korea And The Madonna Of Czestochowa, Michael Donald Kirby The Honourable

The University of Notre Dame Australia Law Review

No abstract provided.

Rus V Comcare: The Rules Of Evidence In The Aat, Nicholas Cardaci

The University of Notre Dame Australia Law Review

The Rus v Comcare cases arise from a claim for compensation by the widowed Ms Rus. The cases saw a highly contentious piece of evidence tendered. This evidence was hearsay of a lay opinion that answered the ultimate issue. The evidence was considered by the Administrative Appeals Tribunal (‘AAT’) and the Federal Court of Australia (‘Court’). These considerations demonstrate the uncertainty of how the rules of evidence are applicable in tribunals. Specifically, the cases raise applicability of the rules against opinion and hearsay evidence. Further, the relevance of delay and the parol evidence rule to these cases is raised. The …

Reflections On Liability Of Air Carriers For Delay, Vernon Nase

The University of Notre Dame Australia Law Review

This paper provides an analysis of both international and Australian law on the liability of air carriers and compensation for delay. It discusses the need for States to develop standard regulatory responses to delay in international carriage. It uses the EC Regulation and the New Zealand legislation as models for developing clearer legal principles and ensuring appropriate compensation for passengers affected by delay. It concludes that domestic regulation and guidance regarding delay and overbooking of flights is required to ensure appropriate liability of air carriers and clarity for passengers.

Constitutional Conflict And The Development Of Canadian Aboriginal Law, Guy Charlton, Xiang Gao

The University of Notre Dame Australia Law Review

This paper argues that aboriginal rights in Canada have been greatly affected by 19 th century governmental and social conflicts within the Canadian colonial state. These conflicts, largely over the ownership of land and regulatory authority between the federal government and the provinces necessarily impacted the First Nations on the ground while affecting how their legal claims were recognized and implemented. In particular they impacted the legal efficacy of treaty rights, the scope of rights recognised by the courts and an expansive legally protected notion of indigenous sovereignty. As a result, the rights now protected under sec. 25 and 35 …

Maintaining Religious Identity In Hiring In Faith-Based Schools: A Comparative Analysis Of Australia And The United States, Keith Thompson, Charles J. Russo

Law Papers and Journal Articles

Even as Australia and the United States (US) are becoming increasingly secularised, they retain a significant number of faith-based primary and secondary schools. Aware of the tension between changing societal norms and the freedoms associated with religious institutions, the main part of this paper is divided into two sections. The first part surveys the relevant constitutional and anti-discrimination laws in Australia and the US along with exemplary litigation on how these statutes are applied. The second section offers six suggestions for school administrators who are wrestling with the challenge of preserving the faith-based ethos in their schools in the face …

Apostate Religion In The Book Of Mormon, A Keith Thompson

Law Papers and Journal Articles

Nephite missionaries in the first century BC had significant difficulty preaching the gospel among Nephites and Lamanites who followed Zoramite and Nehorite teaching. Both of these groups built synagogues and other places of worship suggesting that some of their beliefs originated in Israelite practice, but both denied the coming or the necessity of a Messiah. This article explores the nature of Zoramite and Nehorite beliefs, identifies how their beliefs and practices differed from orthodox Nephite teaching, and suggests that some of these religious differences are attributable to cultural and political differences that resonate in the present.

Freedom Of Religion And Freedom Of Speech - The United States, Australia And Singapore Compared, Keith Thompson

Law Papers and Journal Articles

Freedom of Religion (more correctly, freedom of conscience, belief and religion under the International Covenant on Civil and Political Rights 1966 (ICCPR)), and Freedom of Speech have been logically tied together since human beings were sentient creatures. The two rights are inseparably connected by logic, since one cannot speak freely unless one has the freedom of conscience to think out something to say. For this reason, the two rights were combined in the First Amendment to the US Constitution in 1789 and that joinder has cemented the connection ever since even though the extrapolation of the two rights …

The Fall Of The Priests And The Rise Of The Lawyers, Philip R Wood, Hart Publishing, 2016, 273 Pages: Isbn 9781509905560. Hardcover $50.00, Michael Quinlan

Law Papers and Journal Articles

Book Review: -

The Fall of the Priests and the Rise of the Lawyers, Philip R Wood, Hart Publishing, 2016, 273 pages: ISBN 9781509905560. Hardcover $50.00

The Membership Decisions Of Religious Organisations: Equality, Religious Liberty And Freedom Of Association, G Walsh

Law Papers and Journal Articles

The merit of a provision that regulates the membership decisions of religious organisations is typically assessed according to the right to equality and religious liberty. Although such rights are of central importance in assessing such a provision, it is necessary to also consider other relevant considerations in order to reach an informed conclusion on the appropriateness of the provision. Freedom of association is a right that is often neglected in this context. This article argues that any assessment of the merits of a provision that impacts on the membership decisions of religious organisations should have a strong focus on freedom …

The Problem Of Unwanted Online Publication And Use Of Images Of Children And Young People : A Legal Challenge, Anna Bunn

Theses

The online publication of images of children and their subsequent use has the potential to cause harm to a child who is a subject of such an image. Indeed, the publication and distribution of photographs or video clips has been found to be one of the most impactful forms of bullying.1 Even outside a cyberbullying context, however, this thesis argues that two important aspects of a child’s social and emotional development — namely their selfesteem and the development of relationships — can be harmed by the unwanted online publication or subsequent use of an image of that child. In particular, …

Future Digital Money: The Legal Status And Regulation Of Bitcoin In Australia, Chinelle Van Der Westhuizen

Theses

Virtual and digital crypto-currencies, specifically Bitcoin, were developed by an anonymous pseudonym ‘Satoshi Nakamoto’ in 2009 and have become a developing form of payment system used by businesses and consumers. Unlike traditional payment systems, Bitcoin is a peer-to-peer network with unique characteristics. Bitcoin is a private, anonymous and decentralised network that is intended to work independently from a government or banking authority. Bitcoin is therefore a network dependent upon mathematical algorithms between two users and managed through a process called ‘mining’, which is then stored within a user’s private ‘wallet’. This innovative technology offers numerous opportunities as a payment system; …

Social Media In The Workplace: Legal Challenges For Employers And Employees, Jacques C. Duvenhage

Theses

Social media has become prevalent through platforms like Facebook, Twitter and LinkedIn and has essentially changed the way people communicate. At first, social media networks were used for private purposes; however, businesses have started using social media as a way to improve and advertise their products online. Therefore, social media presents many benefits such as lower costs for advertising and convenience for customers to view and share products online. However, the advent of social media in the business environment also creates challenges within the workplace that can have a negative effect on the employer–employee relationship. This is especially significant when …