Monthly Archives: September, 2024
Sirko Harder, ‘The Territorial Scope of Australia’s Unfair Contract Terms Provisions’
ABSTRACT Section 23 of the Australian Consumer Law, which is sch 2 of the Competition and Consumer Act 2010 (Cth), invalidates unfair terms in particular types of contract. Section 5(1) of the Act extends the application of the Australian Consumer Law to conduct outside Australia by (among others) corporations carrying on business within Australia. In […]
Patrick Parkinson, ‘The Constitutional Constraints on Altering Property Rights After Relationship Breakdown’
ABSTRACT Section 79(2) of the Family Law Act 1975 (Cth) provides that the court shall not make an order altering property rights unless it is just and equitable to do so. This article argues that s 79(2) is required by the constitutional foundations upon which the power to alter property rights rests. The discretion of […]
Gold and Smith, ‘The Equity in Corporate Law’
ABSTRACT It is no secret that equity is a central part of corporate law. Yet, a fuller appreciation of what equity means for corporate law is still lacking. This article offers a new account of corporate law’s equity, showing that it is a kind of meta-law – or law about law – which operates ex […]
Nicolas Garon, ‘The Hidden, True Civil Law Jurisdiction in North America and Factors of Distance’
ABSTRACT In my research, ‘The Hidden, True Civil Law Jurisdiction in North America and Factors of Distance’, I uncovered a little-known Civil Law jurisdiction that has often escaped the discovery of legal scholars. While the legal community typically acknowledges Louisiana, my jurisdiction of residence, and Quebec as the sole Civil Law systems in North America, […]
Mark Leeming, ‘Harris v Digital Pulse Pty Ltd (2003): Equity, Penalties, Controversy and Costs’
ABSTRACT Can equity order pecuniary relief going beyond compensation for loss when an egregious breach of fiduciary duty is established? The decision of the New South Wales Court of Appeal in Harris v Digital Pulse Pty Ltd, holding by majority that it cannot, has generated and continues to generate intense controversy, both in Australia and […]
Leonard Brahin, ‘Contract Rights after Lochner: The Clause that Time Forgot’
ABSTRACT The Contract Clause occupies a unique position in our constitutional jurisprudence. Its language sweeps broadly and the Marshall Court used it like a bludgeon to limit the power of overzealous state governments. But much has changed since the Founding. The end of the Lochner era rendered the Contract Clause all but a dead letter. […]
Timothy Tau Hsieh, ‘“The Past Is Never Dead, It’s Not Even a Trademark or Copyright”: William Faulkner and The Elusive Boundary Between Intellectual Property Forms No One Talks About’
ABSTRACT In the 2013 federal case of Faulkner Literary Rights, LLC v Sony Pictures Classics Inc, et al, Case No 3:12-cv-100-MPM-JMV (ND Miss July 18, 2013), the Estate of William Faulkner sued Sony Pictures due to Woody Allen’s film Midnight in Paris having a character refer to the Faulkner quote ‘The past is never dead. […]
Jaye Ellis, ‘Forms of Law for the Anthropocene: Civil Liability Revisited’
ABSTRACT Rapid, unpredictable ecological changes and the resulting instability that are characteristic of the Anthropocene call for a re-examination of the role of law in governing interactions between humans and ecosystems and facilitating adaptation to ecological change. The scope and scale of environmental change we are experiencing seem to call for a regulatory approach, namely […]
Contreras Kong and Rogge, ‘Sustainability-Linked Products: International Private Law Standards’
ABSTRACT The last few years there has been a steady increase in sustainability-linked financial products. This paper examines in particular sustainability-linked bonds, loans, and derivatives. The focus is on the development of international private law standards which have arisen in this market, similar to those present in a wide range of ‘usual’ financial products. Some […]
Sui To Ng, ‘CISG in England and Wales: The Way Forward? – A Legal Analysis of the Possibility and Implications of CISG Ratification in England and Wales’
ABSTRACT In the wake of the Coronavirus pandemic and the UK’s departure from the EU, the UK has found itself in financial turmoil. While leading economies across the globe have recovered significantly, the UK appears to be left behind. Notably, the UK remains the only state amongst all the G7 economies to have yet to […]