Dissertations / Theses on the topic 'Australian law'
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1
Gibb, Susan Jennifer. "Privacy and Australian law." Title page, contents and abstract only, 1987. http://web4.library.adelaide.edu.au/theses/09PH/09phg4372.pdf.
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Horgan, Sharon. "The impact of globalisation on Australian finance law and financial services law." Thesis, Horgan, Sharon (2012) The impact of globalisation on Australian finance law and financial services law. PhD thesis, Murdoch University, 2012. https://researchrepository.murdoch.edu.au/id/eprint/10691/.
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This thesis examines the impact of globalisation on areas of innovative legislative change, policy development and law reform in Australian finance law and financial services law. ‘Globalisation’ has had extensive influence on the law reform and regulation affecting companies and corporations, financial services, fundraising, managed investments, takeovers, finance, disclosure issues, the futures industry and the securities industry. Australian finance law and financial services law reform also impacts on the areas of trusts and equity, property law, secured transactions law, administrative law and takeover law.
Globalisation has been an influential factor since the 1990’s on Australian financial services and corporate law reform development in the context of the global financial system. The origin in the pre-globalisation era of the influence of globalisation on Australian domestic policy and law reform developments in finance law and financial services law is considered in this thesis. Since the 1990’s, a globalisation based focus arose from international banking and corporate developments, which resulted in extensive international statutory and policy changes. These changes have had considerable impact on Australian finance and financial services law reform and related areas of Australian law and policy.
In addition, the role of globalisation and electronic commerce on Australian finance law and financial services law is considered in this thesis. This thesis analyses the nature of globalisation theory and the process of globalisation, which is designed to ensure a free movement of capitalism so that banking and financial entities would be able to facilitate industry as well as electronic commerce transactions. This interweaving of globalisation and electronic commerce (as a mechanism in globalisation) in the free international movement of capital and labour is intended to bolster international banking systems, economies and industries. In practice, this close relationship between globalisation, electronic commerce and domestic law reform/policy development has caused problems in times of economic crisis since the Global Financial Crisis began in 2007.
The conclusions drawn in this thesis demonstrate the role that globalisation has had on the development of law and policy in Australia in finance law and financial services law.
3
Coffey, Josephine Margaret. "Continuous Disclosure for Australian Listed Companies." University of Sydney. School of Business, 2002. http://hdl.handle.net/2123/510.
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ABSTRACT This thesis investigates the legal and theoretical basis of continuous disclosure regulation in Australia as it applies to listed companies. An empirical study is undertaken to further investigate the operation of the legislation. As part of the Enhanced Disclosure regime, the continuous disclosure provision was effective from 5 September 1994 as s1001A of the Corporations Law, now the Corporations Act 2001 (Cth). This statutory provision is replaced by s674, inserted by Schedule 2 to the Financial Services Reform Act 2001 (Cth), and effective from 11 March 2002. The provision reinforces Australian Stock Exchange (ASX) listing rule 3.1. The rule requires a listed disclosing entity to notify ASX immediately of information that would be expected to have a �material effect� on the share price of the company. However, the disclosure requirement is weakened by a number of specific exemptions or �carve-outs� to listing rule 3.1. If a reasonable person would not expect the information to be disclosed, and if the confidentiality of the information is maintained, then disclosure is not mandatory in special circumstances. This study analyses 427 query notices, issued by ASX to listed companies from July 1995 to April 1996. The queries request information concerning unexplained movements in a company�s share price or a failure to comply with the listing rules. An analysis of the companies� replies to these notices provides a profile of the type of company that is likely to be queried. The study also attempts to evaluate the extent to which these companies have relied on the �carve-outs� as an exemption to the regulation.
4
Brooklyn, Bridget. "Something old, something new : divorce and divorce law in South Australia, 1859-1918." Title page, contents and summary only, 1988. http://web4.library.adelaide.edu.au/theses/09PH/09phb872.pdf.
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Spence, Michael. "Australian estoppel and the protection of reliance." Thesis, University of Oxford, 1995. https://ora.ox.ac.uk/objects/uuid:bcf8b590-1ff6-4b14-a830-32483621346e.
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This thesis focuses upon recent Australian developments in the law of estoppel. It provides a justification and basis in principle for the doctrine of estoppel described in cases such as Waltons Stores (Interstate) Ltd v Maher (1987-1988) 164 C.L.R. 387 and Commonwealth of Australia v Verwayen (1990) 170 C.L.R. 394. This basis is found in the principle that we ought all to take reasonable steps to ensure the reliability of the assumptions that we induce in others. Ensuring the "reliability" of an induced assumption means ensuring that a party who relies upon the assumption does not thereby suffer harm: harm in the sense that he is worse off because the assumption has proved unjustified than he would have been had it never been induced. The thesis suggests a pattern for the development of the Australian law of estoppel reflecting that basis in principle. It further demonstrates the potential usefulness of the doctrine with specific reference to (i) pre-contractual negotiations and letters of intent, (ii) firm offers to contract, (iii) variations of contract unsupported by consideration, and (iv) the "battle of forms".
6
Ward, Helen. "The "adequacy of their attention": gender-bias & the introductory law course in Australian law schools /." Title page, contents and abstract only, 1999. http://web4.library.adelaide.edu.au/theses/09LM/09lmw258.pdf.
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Banks, Catherine, and n/a. "Lost in Translation: A History of Moral Rights in Australian Law." Griffith University. Griffith Law School, 2005. http://www4.gu.edu.au:8080/adt-root/public/adt-QGU20061006.114720.
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This thesis is a history of moral rights in Australian law. It traces the historical discourse about moral rights in Australian law and demonstrates how that discourse has shaped the meaning moral rights have come to assume in their current form under the current regime contained in the Copyright Amendment (Moral Rijghts) Act 2000. This history examines the reception and later production of a moral rights discourse in Australian law, and reveals that the historical discourse about Australian moral rights was dominated by the three themes; foreignness, international obligation and economic impact. I contend these three themes fundamentally shaped moral rights as they now appear in the moral rights regime. As the history unfolds, it will become clear that the moral rights regime was organised around a specific repertoire of arguments and imaginings, and it is this discourse that informs this thesis. My argument is pursued in three stages. Section One of the thesis provides the historical detail of the moral rights trajectory in Australian jurisprudence, and reveals, within that history, the emergence of three dominant themes, which are pursued in subsequent detail. In addition to the history, this section also provides detailed discussion of the legislative provisions in order to illustrate moral rights as a product of the history, and it highlights some of the shortcomings of the regime and provides some background for the case study in Section Two. Section Two of the thesis interrogates the structure of the moral rights regime by applying the Act's provisions to the case study of indigenous creators, thus providing a contemporary example of how these rights may work in practice, as the result of the historical discourse. Thus this section sets the scene for final part of the thesis, which delves further into the historical discourse. Section Part Three follows the themes of the moral rights debate as they emerged historically. Reconceptualizing the moral rights discourse in this way helps to explain why the debates about moral rights took a particular course and produced the outcomes it did. The starting point for these discussions is a detailed examination of the themes of foreignness, international obligation and economic impact, and follows these themes as they evolved chronologically. In particular, the discussion reveals that the debates about moral rights effectively fall into two eras. The first era (1928-1988) centred around the question of whether Australia should introduce moral rights and the debates about the appropriateness of the reception. At the commencement of the second era (1988-2000) the question shifted to what form moral rights should take. This then provides a backdrop with which to understand why specific discussions about moral rights were sidelined during the years of debates leading up to the legislation; in particular, the subject and the object; which form the fulcrum of a moral rights action. This is an essential part of the history because it explains why the subject and the object came to be imagined and constructed in such a narrow and limited way and clarifies why the moral rights provisions appear manifestly ineffective, particularly for indigenous creators and their communities. This thesis contributes to legal history in three important ways. First, it provides a detailed account of a discourse about moral rights in Australian law, and in doing so challenges the long held assumptions about their reception and production. Second, it highlights the importance of history to legal discourse. Just as regulatory regimes, institutions, and rules are integral to the law, so too are the informal practices, discourses and contexts on which they were based. Third, it reminds the reader that history is a signpost, and this history of moral rights demonstrates that the way this law was derived, imagined and constructed has significance for the social, cultural and legal context in which that process takes place.
8
Bargenda, Julia Anna [Verfasser]. "Australian Law Reform Commission : Ein Modell für Deutschland? / Julia Anna Bargenda." Frankfurt : Peter Lang GmbH, Internationaler Verlag der Wissenschaften, 2013. http://d-nb.info/1042425280/34.
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Banks, Catherine. "Lost in Translation: A History of Moral Rights in Australian Law." Thesis, Griffith University, 2005. http://hdl.handle.net/10072/365849.
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This thesis is a history of moral rights in Australian law. It traces the historical discourse about moral rights in Australian law and demonstrates how that discourse has shaped the meaning moral rights have come to assume in their current form under the current regime contained in the Copyright Amendment (Moral Rijghts) Act 2000. This history examines the reception and Inter production of a moral rights discourse in Australian law, and reveals that the historical discourse about Australian moral tights was dominated by the three themes; foreignness, international obligation and economic impact. I contend these three themes fundamentally shaped moral rights as they now appear in the moral rights regime. As the history unfolds, it will become clear that the moral rights regime was organised around a specific repertoire of arguments and imaginings, and it is this discourse that informs this thesis. My argument is pursued in three stages. Section One of the thesis provides the historical detail of the moral rights trajectory in Australian jurisprudence, and reveals, within that history, the emergence of three dominant themes, which are pursued in subsequent detail. In addition to the history, this section also provides detailed discussion of the legislative provisions in order to illustrate moral rights as a product of the history, and it highlights some of the shortcomings of the regime and provides some background for the case study in Section Two. Section Two of the thesis interrogates the structure of the moral rights regime by applying the Act's provisions to the case study of indigenous creators, thus providing a contemporary example of how these rights may work in practice, as the result of the historical discourse. Thus this section sets the scene for final part of the thesis, which delves further into the historical discourse. Section Part Three follows the themes of the moral rights debate as they emerged historically. Reconceptualizing the moral tights discourse in this way helps to explain why the debates about moral rights took a particular course and produced the outcomes it did. The starting point for these discussions is a detailed examination of the themes of foreignness, international obligation and economic impact, and follows these themes as they evolved chronologically. In particular, the discussion reveals that the debates about moral rights effectively fall into two eras. The first era (1928-1988) centred around the question of whether Australia should introduce moral rights and the debates about the appropriateness of the reception. At the commencement of the second era (1988-2000) the question shifted to what form moral rights should take. This then provides a backdrop with which to understand why specific discussions about moral rights were sidelined during the years of debates leading up to the legislation; in particular, the subject and the object; which form the fulcrum of a moral rights action. This is an essential part of the history because it explains why the subject and the object came to be imagined and constructed in such a narrow and limited way and clarifies why the moral rights provisions appear manifestly ineffective, particularly for indigenous creators and their communities. This thesis contributes to legal history in three important ways. First, it provides a detailed account of a discourse about moral rights in Australian law, and in doing so challenges the long held assumptions about their reception and production. Second, it highlights the importance of history to legal discourse. Just as regulatory regimes, institutions, and rules are integral to the law, so too are the informal practices, discourses and contexts on which they were based. Third, it reminds the reader that history is a signpost, and this history of moral rights demonstrates that the way this law was derived, imagined and constructed has significance for the social, cultural and legal context in which that process takes place.Thesis (PhD Doctorate)
Doctor of Philosophy (PhD)
Griffith Law School
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10
Herne, Stephen Charles. "A jurisprudence of difference : the denial of full respect in the Australian law of native title." University of Western Australia. Law School, 2009. http://theses.library.uwa.edu.au/adt-WU2008.0262.
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Daley, John C. "The bases for the authority of the Australian Constitution." Thesis, University of Oxford, 1999. http://ora.ox.ac.uk/objects/uuid:1abc8957-647a-4652-bf9e-950c0d8be7c6.
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What are the possible bases for the authority of the Australian Constitution? Why should people and judges ever obey the text of the Constitution? The developing tools of analytical jurisprudence assist in answering these questions. Despite its currency, the concept of "sovereignty" provides little assistance in understanding how law provides reasons for action. The concept of authority is more useful. The text of the Australian Constitution has authority in that it provides presumptive reasons for action, overruled when they appear sufficiently erroneous on a cursory examination. The Constitution is part of the Australian legal system. A legal system is normally identified partly by moral norms. These moral norms themselves require that legal systems also be identified where possible by reference to the directives of a previous de facto authority - even when that previous authority no longer has power to make new legal norms. A legal system will be "legitimate" if any improvement to be achieved by revolution would be outweighed by the uncertainty revolution creates. Against this theoretical background, various theories about the Constitution's authority can be assessed. Although the enactment of the Constitution by the Imperial Parliament provides the Constitution with legal authority, it does not confer moral legitimacy. Contrary to a growing judicial and academic consensus in Australia, the Constitution's legitimate authority is not derived from the "will of the people". Nor is it derived from the Constitution's Founders. The will of the people cannot be identified reliably, and wound not provide sufficient reasons for action. The Constitution does embody a federal compact between the colonies. Because it is worthwhile to keep political promises, the polities of the States should fulfil this compact, even though the compact only imposes weak obligations on the Commonwealth. Other possible bases for the Constitution's authority are also inadequate. These include claims that judges are bound to apply the Constitution because their authority is based upon it; that the Constitution embodies "associate obligations", and that the Constitution isa commitment to protect individual rights and democracy. Instead the Constitution has legitimate authority principally because it coordinates individual action towards desirable goals. The Australian Constitution settles the location of authority by authority.
12
White, Ben. "Consultation, commissions and context : a comparative study of the Law Commission and the Australian Law Reform Commission." Thesis, University of Oxford, 2004. https://ora.ox.ac.uk/objects/uuid:3e4ac1be-ae55-40b2-8f2f-4421d0cfa243.
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This thesis compares the consultation conducted by the Law Commission ('LC') and the Australian Law Reform Commission ('ALRC'). Its first goal is to describe the process in detail, which begins with the purposes of consultation. Next, the process of consultation is described with a discussion of each of the techniques employed by the Commissions. Although there is much overlap in how the LC and the ALRC consult, they do approach the exercise differently and these differences are discussed. The description of the Commissions' consultation concludes by examining its impact. A second goal is to compare the two Commissions' approach to consultation and this comparison is aided by the development of two models: the English Commission's expert model of consultation and the Australian Commission's more inclusive model. Underpinning the comparison between the two Commissions and these different models is the intended target of the consultation exercise. It is argued that the LC's decisions are motivated by the goal of securing expertise, more than is the case at the ALRC. By contrast, the Australian Commission is influenced more than is its English counterpart by a desire to include as many consultees as possible. An important part of this comparative study is to explain why the two Commissions consult differently. The most significant reasons are the history of two Commissions, especially the role of the founding Chairmen, and the types of projects that the Commissions undertake. A third goal, albeit only a tentative one, is to suggest ways in which the Commissions could improve their consultation. These comments are scattered throughout the thesis, but one theme that emerged was that there seems to be insufficient thought given to a number of important stages in the consultation process.
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White, Benjamin P. "Consultation, commissions and context : a comparative study of the Law Commission and the Australian Law Reform Commission." Thesis, University of Oxford, 2005. https://eprints.qut.edu.au/17521/1/c17521.pdf.
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This thesis compares the consultation conducted by the Law Commission ('LC') and the Australian Law Reform Commission ('ALRC'). Its first goal is to describe the process in detail, which begins with the purposes of consultation. Next, the process of consultation is described with a discussion of each of the techniques employed by the Commissions. Although there is much overlap in how the LC and the ALRC consult, they do approach the exercise differently and these differences are discussed. The description of the Commissions' consultation concludes by examining its impact -- A second goal is to compare the two Commissions' approach to consultation and this comparison is aided by the development of two models: the English Commission's expert model of consultation and the Australian Commission's more inclusive model. Underpinning the comparison between the two Commissions and these different models is the intended target of the consultation exercise. It is argued that the LC's decisions are motivated by the goal of securing expertise, more than is the case at the ALRC. By contrast, the Australian Commission is influenced more than is its English counterpart by a desire to include as many consultees as possible. An important part of this comparative study is to explain why the two Commissions consult differently. The most significant reasons are the history of two Commissions, especially the role of the founding Chairmen, and the types of projects that the Commissions undertake --
A third goal, albeit only a tentative one, is to suggest ways in which the Commissions could improve their consultation. These comments are scattered throughout the thesis, but one theme that emerged was that there seems to be insufficient thought given to a number of important stages in the consultation process.
14
Snell, Mark A. "Data protection and transborder data flow : a British and Australian perspective." Thesis, University of Oxford, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.360014.
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Butcher, Bruce Stanley. "Partial codification of directors' duties in Australian company law - a new approach?" Thesis, University of Cambridge, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.319353.
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Lynch, Andrew Law Faculty of Law UNSW. "The impact of dissenting opinions upon the development of Australian constitutional law." Awarded by:University of New South Wales. School of Law, 2005. http://handle.unsw.edu.au/1959.4/21996.
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This thesis aims to assess the role played by disagreement in the High Court???s constitutional law decisions. It does so firstly by considering the theoretical arguments in favour of allowing expression of dissent and those which urge judicial restraint and observance of precedential values. The tensions between change and conformity, and also the individual and institutional aspects of adjudication, intersect when the Court divides. The complex nature of disagreement on a multimember judicial body is further examined in the context of devising an empirical methodology for the quantification of dissent on the High Court. The thesis selects a period of a little over twenty years for detailed examination. Within that timeframe, it measures the prevalence and nature of disagreement amongst the Justices of the Court, with particular emphasis upon constitutional cases. From these results, various streams of opinion are examined for subsequent significance. In particular, the thesis contrasts the practice of persistent dissent from the Court???s approach to an issue, with those occasions when a minority Justice yields to the demands of stare decisis. The impact of dissent upon the development of the Court???s constitutional interpretation is evaluated. Although the study finds that direct reversals in the law in favour of an earlier dissent occur very rarely, it argues that dissents may still exercise a powerful influence on the Court???s pronouncements. The contribution which minority opinions make to judicial deliberation is to inevitably alter the context of the Court???s decision. Consideration of two specific case studies illustrates that this may result in the law taking a more moderate path or may actually lead to greater efforts by a majority to strengthen the cogency of its approach. In either scenario, dissent plays a far more subtle role than suggested by the myth of a ???Great Dissenter??? and the dramatic redemption of his or her lone opinions. To only assess the value of dissenting judgments against that standard is to fail to appreciate the true nature of their influence in many cases and their importance to the work of the High Court.
17
North, MacLaren Andrew. "Protecting the past for the public good: archaeology and Australian heritage law." University of Sydney, 2007. http://hdl.handle.net/2123/1602.
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Doctor of PhilosophyArchaeological remains have long been recognised as fragile evidence of the past, which require protection. Legal protection for archaeological heritage has existed in Australia for more than thirty years but there has been little analysis of the aims and effectiveness of that legislation by the archaeological profession. Much Australian heritage legislation was developed in a period where the dominant paradigm in archaeological theory and practice held that archaeology was an objective science. Australian legislative frameworks continue to strongly reflect this scientific paradigm and contemporary archaeological heritage management practice is in turn driven by these legislative requirements. This thesis examines whether archaeological heritage legislation is fulfilling its original intent. Analysis of legislative development in this thesis reveals that legislators viewed archaeological heritage as having a wide societal value, not solely or principally for the archaeological community. Archaeological heritage protection is considered within the broader philosophy of environmental conservation. As an environmental issue, it is suggested that a ‘public good’ conservation paradigm is closer to the original intent of archaeological heritage legislation, rather than the “scientific” paradigm which underlies much Australian legislation. Through investigation of the developmental history of Australian heritage legislation it is possible to observe how current practice has diverged from the original intent of the legislation, with New South Wales and Victoria serving as case studies. Further analysis is undertaken of the limited number of Australian court cases which have involved substantial archaeological issues to determine the court’s attitude to archaeological heritage protection. Situating archaeological heritage protective legislation within the field of environmental law allows the examination of alternate modes of protecting archaeological heritage and creates opportunities for ‘public good’ conservation outcomes. This shift of focus to ‘public good’ conservation as an alternative to narrowly-conceived scientific outcomes better aligns with current public policy directions including the sustainability principles, as they have developed in Australia, as well as indigenous rights of self-determination. The thesis suggests areas for legal reforms which direct future archaeological heritage management practice to consider the ‘public good’ values for archaeological heritage protection.
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North, MacLaren. "Protecting the past for the public good archaeology and Australian heritage law /." Connect to full text, 2007. http://hdl.handle.net/2123/1602.
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Thesis (Ph. D.)--University of Sydney, 2007.Title from title screen (viewed 25 March 2008). Submitted in fulfilment of the requirements for the degree of Doctor of Philosophy to the Dept. of Archaeology, Faculty of Arts. Degree awarded 2007; thesis originally submitted 2006, corrected version submitted 2007. Includes bibliographical references. Also available in print form.
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McBratney, Amanda J. "Between Scylla and Charybdis : navigating amendment law in the Australian patent system /." St. Lucia, Qld, 2003. http://adt.library.uq.edu.au/public/adt-QU20031027.122944/index.html.
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Hetterich, Elisabeth Anna Maria. "Promotion and succession management and associated retention issues in Australian law firms." Thesis, Queensland University of Technology, 2012. https://eprints.qut.edu.au/54735/1/Elisabeth_Hetterich_Thesis.pdf.
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The focus of this research was promotion and succession management in Australian law firms. Two staff retention issues currently faced by the Australian legal industry were identified as suggesting possible failures in this area:
1) Practitioners are leaving law firms early in their careers,
2) Female representation is disproportionally low at partnership level.
The research described current Australian law firm promotion and succession practices and then explained their possible relevance to the two retention issues. The overall aim of the research was to uncover key findings and present practical recommendations to law firm managers and partners ready for incorporation into their future promotion and succession planning practice. In so doing the research aimed to benefit the Australian legal community as a whole.
Four areas of literature relevant to the topic were reviewed, 1) law firm governance concluding that the fundamental values of the P²-Form remained constant (Cooper, Hinings, Greenwood & Brown, 1996; Morris & Pinnington, 1998) with ownership and strategic control of law firms remaining in the hands of partners; 2) the importance of individual practitioners to law firms concluding that the actual and opportunity costs relating to practitioner turnover were significant due to the transient nature of knowledge as a key asset of law firms (Gottschalk & Khandelwal, 2004; Rebitzer & Taylor, 2007); 3) generational differences concluding with support for the work of Finegold, Mohrman and Spreitzer (2002), Davis, Pawlowski and Houston (2006), Kuhnreuther (2003), and Avery, McKay, and Wilson (2007) which indicated that generational cohort differences were of little utility in human resources management practice; and 4) previous research relating to law firm promotion and succession practices indicating that five practices were relevant in law firm promotion outcomes; 1) firm billing requirements (Gorman & Kmec, 2009; Phillips, 2001; Noonan & Corcoran, 2004; Webley & Duff, 2007); 2) mentoring programs (Phillips, 2001; Noonan & Corcoran, 2004); 3) the existence of female partners (Gorman & Kmec, 2009; Beckman & Phillips, 2005); 4) non-partner career paths (Phillips, 2001; Corcoran & Noonan, 2004); and 5) the existence of family friendly policies (Gorman & Kmec, 2009; Phillips, 2001; Noonan & Corcoran, 2004; Webley & Duff, 2007.)
The research was carried out via a sequential mixed method approach. The initial quantitative study was based upon a theoretical framework grounded in the literature and provided baseline information describing Australian law firm promotion and succession practices. The study was carried out via an on-line survey of Australian law firm practitioners. The results of the study provided the basis for the second qualitative study. The qualitative study further explained the statistically generated results and focused specifically on the two identified retention issues. The study was conducted via one-on-one interviews with Australian law firm partners and experienced law firm managers.
The results of both studies were combined within the context of relevant literature resulting in eight key findings:
Key findings
1) Organisational commitment levels across generational cohorts are more homogenous than different.
2) Law firm practitioners are leaving law firms early in their careers due to the heavy time commitment behaviour demanded of them, particularly by clients.
3) Law firm promotion and succession practices reinforce practitioner time commitment behaviour marking it as an indicator of practitioner success.
4) Law firm practitioners believe that they have many career options outside law firms and are considering these options.
5) Female practitioners are considering opting out of law firms due to time commitment demands related to partnership conflicting with family commitment demands.
6) A masculine, high time commitment culture in law firms is related to the decision by female practitioners to leave law firms.
7) The uptake of alternative work arrangements by female practitioners is not fatal to their partnership prospects particularly in firms with supportive policies, processes
and organisational culture.
8) Female practitioners are less inclined than their male counterparts to seek partnership as an ultimate goal and are more likely to opt out of law firms exhibiting highly competitive, masculine cultures.
Practical recommendations
Further review of the data collected in relation to the key findings provided the basis for nine practical recommendations specifically geared towards implementation by law firm managers and partners. The first recommendation relates to the use of generational differences in practitioner management. The next six relate to recommended actions to reduce the time commitment demands on practitioners. The final two recommendations relate to the practical implementation of these actions both at an individual and organisational level. The recommendations are as follows:
1) "Generationally driven," age based generalisations should not be utilised in law firm promotion and succession management practice.
2) Expected levels of client access to practitioners be negotiated on a client by client basis and be included in client retention agreements.
3) Appropriate alternative working arrangements such as working off-site, flexible working hours or part-time work be offered to practitioners in situations where doing so will not compromise client serviceability.
4) The copying of long working hour behaviours of senior practitioners should be discouraged particularly where information technology can facilitate remote client serviceability.
5) Refocus the use of timesheets from an employer monitoring tool to an employee empowerment tool.
6) Policies and processes relating to the offer of alternative working arrangements be supported and reinforced by law firm organisational culture.
7) Requests for alternative working arrangements be determined without regard to gender.
8) Incentives and employment conditions offered to practitioners to be individualised based on the subjective need of the individual and negotiated as a part of the current employee performance review process.
9) Individually negotiated employment conditions be negotiated within the context of the firm’s overall strategic planning process.
Through the conduct of the descripto-explanatory study, a detailed discussion of current law firm promotion and succession practices was enabled. From this discussion, 7 eight key findings and nine associated recommendations were generated as well as an insight into the future of the profession being given. The key findings and recommendations provide practical advice to law firm managers and partners in relation to their everyday promotion and succession practice. The need to negotiate individual employee workplace conditions and their integration into overall law firm business planning was put forward. By doing so, it was suggested that both the individual employee and the employing law firm would mutually benefit from the arrangement. The study therefore broadened its practical contribution from human resources management to a contribution to the overall management practice of Australian law firms. In so doing, the research has provided an encompassing contribution to the Australian legal industry both in terms of employee welfare as well as firm and industry level success.
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Hopper, Alvin W. L., and n/a. "A critical examination of Australian constitutional law relating to territories and to places acquired by the Commonwealth (including a comparison with United States Law)." University of Canberra. Law, 2005. http://erl.canberra.edu.au./public/adt-AUC20060427.091040.
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This thesis examines the constitutional position in relation to those geographical areas over
which the Commonwealth has sole power. These are the Territories, and Commonwealth
places (over which, however, the States may retain some vestigial power). The thesis seeks to
give a comprehensive account of the constitutional law concerning these heads of power.
The thesis traces the tortuous history of the case law on the Territories, with its many
instances of inconsistent decisions and dicta. In the words of a High Court Judge, Sir Douglas
Menzies, the cases have "not resulted in a coherent body of doctrine". The problems have
been particularly acute in regard to the exercise of judicial power, and they are compounded
by the silence of the Constitution on some major issues concerning the Territories, such as the
relationship between the 'Territories' power and the Constitution as a whole.
The thesis' main contention is that, contrary to predominant doctrine, the constitutional
position of the Territories and of Commonwealth places is federal, not 'disparate'. In this
connection, several tenets are advanced: first, that the Constitution must be interpreted as a
whole�that is, as a single instrument; secondly, that the Territories are an integral part of
Australia, and their inhabitants, while not enjoying all the constitutional benefits of State
residents, are full members of the Australian community; and thirdly, that there is no
constitutional distinction to be drawn between different classes of Territory�thus, despite
some contrary suggestions, there is no distinction between 'internal' and 'external' Territories
or between Territories acquired from the States and Territories otherwise acquired.
The thesis explores the particular difficulties, notably in the judicial sphere, that arise from
the relevant case law, and it critically examines the cases against the text of the Constitution,
as well as against the yardstick of those tenets. With regard to the Territories, the thesis
analyses the constitutional topics of executive power and self-government. It considers
particular issues concerning each of the three self-governing Territories, including the special
status of the Australian Capital Territory as the federal "seat of government".
In addition, the thesis looks at the constitutional position in the United States concerning
Territories, federal enclaves and the American seat of government (the District of Columbia).
The thesis draws a comparison between the American position and the corresponding position
in Australia, and it critically considers the judicial interpretation, in both countries, of the
constitutional grant to the federal legislature of exclusive, or sole, power over such
geographical areas. This process assists an evaluation of the Australian position.
The thesis concludes that, in some respects, the Australian case law has gone seriously astray,
especially in treating the 'Territories' power as more or less separate from the rest of the
Constitution. This judicial approach has led to a convoluted and confusing situation. Despite a
degree of amelioration as a result of some more recent cases, the corrective process is by no
means complete. The courts are hampered in their development of a "coherent body of
doctrine" by the random way in which cases come before them, and it is unlikely that the
position can be fully retrieved solely by judicial decisions. The thesis therefore proposes
various reforms, and it sets out, in an appendix, proposed amendments of the Constitution.
In addition to expounding and criticising the case law on the constitutional topics under
discussion, the thesis reviews and, where appropriate, cites from the relevant legal literature.
The thesis considers the Australian case law as decided down to the end of 2004.
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Anderson, Jane Elizabeth Law Faculty of Law UNSW. "The production of indigenous knowledge in intellectual property law." Awarded by:University of New South Wales. School of Law, 2003. http://handle.unsw.edu.au/1959.4/20491.
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The thesis is an exploration of how indigenous knowledge has emerged as a subject within Australian intellectual property law. It uses the context of copyright law to illustrate this development. The work presents an analysis of the political, social and cultural intersections that influence legal possibilities and effect practical expectations of the law in this area. The dilemma of protecting indigenous knowledge resonates with tensions that characterise intellectual property as a whole. The metaphysical dimensions of intellectual property have always been insecure but these difficulties come to the fore with the identification of boundaries and markers that establish property in indigenous subject matter. While intellectual property law is always managing difference, the politics of law are more transparent when managing indigenous concerns. Rather than assume the naturalness of the category of indigenous knowledge within law, this work interrogates the politics of its construction precisely as a ???special??? category. Employing a multidisciplinary methodology, engaging theories of governmental rationality that draws upon the scholarship of Michel Foucault to appreciate strategies of managing and directing knowledge, the thesis considers how the politics of law is infused by cultural, political, bureaucratic and individual factors. Key elements in Australia that have pushed the law to consider expressions of indigenous knowledge in intellectual property can be located in changing political environments, governmental intervention through strategic reports, cultural sensitivity articulated in case law and innovative instances of individual agency. The intersection of these elements reveals a dynamic that exerts influence in the shape the law takes.
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Scott, Guy. "Resisting liberalism : social democracy and the Australian constitution /." [St. Lucia, Qld.], 2005. http://www.library.uq.edu.au/pdfserve.php?image=thesisabs/absthe19282.pdf.
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Kloppers, Pieter W. "Judicial management as a technique for corporate rescue. A comparison with English and Australian law." Thesis, Stellenbosch : Stellenbosch University, 2000. http://hdl.handle.net/10019.1/97516.
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Thesis (LLM)--Stellenbosch University, 2000.ENGLISH ABSTRACT: Judicial management has been part of South African company law since 1926. It was introduced as a procedure to provide for a corporate rescue. Judicial management has changed little since its introduction. This is in stark contrast with the position in other jurisdictions where the need for improved corporate or business rescue procedures has received considerable attention in the last few decades. This thesis examines the suitability of judicial management as a business rescue procedure for the current South African circumstances and compares it to similar mechanisms in England and Australia. The modem economy relies on credit. Furthermore the globalisation of markets and the increase in competition between enterprises add to the unpredictability of an enterprise's economic circumstances. Thus, one of the important objectives of a corporate insolvency regime is the preservation of viable economic enterprises. A business rescue procedure such as judicial management is therefore an essential component of a corporate insolvency regime. However, judicial management needs reform. The existing shortcomings of judicial management include its high cost, the appointment of professional liquidators as business rescuers, the lack of a business rescue culture, the absence of an approved rescue plan, the treatment of judicial management as an extraordinary measure in corporate insolvency and the use of section 311 of the Companies Act as a corporate rescue mechanism. This thesis proposes that judicial management should commence with a mere resolution by the directors. This is less cumbersome than the existing procedure to commence judicial management comprising a court order. Judicial management triggers a stay of limited duration on legal proceedings that provides an essential breathing space to devise and implement a rescue plan. Once judicial management commences the creditors should hold the power to decide on the future of the company. They can therefore accept or reject a rescue plan (prepared by the judicial manager) for the restructuring of current rights and obligations and for the future management of the company. During judicial management and the execution of the rescue plan, control of the company's assets vests in the judicial manager and directors lose their powers of management. Judicial managers should be encouraged to make a success of judicial management by providing that the judicial manager cannot be appointed as the liquidator in a subsequent liquidation. Furthermore, the burden of the costs of judicial management could be eased by providing a more flexible system for the remuneration of the judicial manager. A statutory business rescue procedure interacts with other components of an insolvency regime and other areas of law. In order to optimise the positive effects of a business rescue procedure certain changes are proposed regarding statutory provisions on insolvent trading, the phenomenon of phoenix companies, section 311 of the Companies Act and tax legislation. The thesis also proposes a smooth transition from judicial management to voluntary liquidation. The thesis has an annexure with draft legislation to give effect to the principal changes proposed by it for the Companies Act.
AFRIKAANSE OPSOMMING: Geregtelike bestuur is reeds sedert 1926 deel van die Suid-Afrikaanse maatskappyereg. Dit is ingestel as 'n prosedure om maatskappye van ondergang te red. Geregtelike bestuur het sedertdien min verander. Dit is in skerp teenstelling met ander jurisdiksies wat die afgelope paar dekades toegewy gewerk het aan prosedures om korporasies en besighede te red. Hierdie tesis ondersoek die toepaslikheid van geregtelike bestuur as 'n prosedure om in die huidige Suid-Afrikaanse omstandighede besighede van ondergang te red en vergelyk dit met soortgelyke prosedures in Engeland en Australië. Moderne ekonomieë se afhanklikheid van krediet, die globalisering van markte en die toename in mededinging tussen ondernemings dra by tot die wisselvallige ekonomiese omstandighede van 'n onderneming. Die redding van lewensvatbare ondernemings is gevolglik 'n belangrike doelstelling van korporatiewe insolvensiereg. Daarom is 'n prosedure soos geregtelike bestuur om ondernemings te red 'n onontbeerlike element van korporatiewe insolvensiereg. Geregtelike bestuur moet egter hervorm word. Geregtelike bestuur het verskeie tekortkominge waaronder hoë regskoste, die aanstelling van professionele likwidateurs as persone om ondernemings te red, die gebrek aan 'n kultuur om ondernemings te red, die afwesigheid van 'n goedgekeurde reddingsplan, die hantering van geregtelike bestuur as 'n buitengewone remedie in korporatiewe insolvensiereg en die gebruik van artikel 311 van die Maatskappywet as 'n meganisme om maatskappye van likwidasie te red. Die tesis stel voor dat geregtelike bestuur met 'n blote direksiebesluit in werking gestel word. Dit is minder belemmerend as die hofbevel waarmee geregtelike bestuur tans begin word. Geregtelike bestuur stel'n moratorium van beperkte duur in werking waartydens geen geregtelike prosesse teen die maatskappyaanhangig gemaak of voortgesit kan word nie. Dit gee die maatskappy die nodige grasie om 'n reddingsplan uit te werk en te implementeer. Opsomming Geregtelike bestuur is reeds sedert 1926 deel van die Suid-Afrikaanse maatskappyereg. Dit is ingestel as 'n prosedure om maatskappye van ondergang te red. Geregtelike bestuur het sedertdien min verander. Dit is in skerp teenstelling met ander jurisdiksies wat die afgelope paar dekades toegewy gewerk het aan prosedures om korporasies en besighede te red. Hierdie tesis ondersoek die toepaslikheid van geregtelike bestuur as 'n prosedure om in die huidige Suid-Afrikaanse omstandighede besighede van ondergang te red en vergelyk dit met soortgelyke prosedures in Engeland en Australië. Moderne ekonomieë se afhanklikheid van krediet, die globalisering van markte en die toename in mededinging tussen ondernemings dra by tot die wisselvallige ekonomiese omstandighede van 'n onderneming. Die redding van lewensvatbare ondernemings is gevolglik 'n belangrike doelstelling van korporatiewe insolvensiereg. Daarom is 'n prosedure soos geregtelike bestuur om ondernemings te red 'n onontbeerlike element van korporatiewe insolvensiereg. Geregtelike bestuur moet egter hervorm word. Geregtelike bestuur het verskeie tekortkominge waaronder hoë regskoste, die aanstelling van professionele likwidateurs as persone om ondernemings te red, die gebrek aan 'n kultuur om ondernemings te red, die afwesigheid van 'n goedgekeurde reddingsplan, die hantering van geregtelike bestuur as 'n buitengewone remedie in korporatiewe insolvensiereg en die gebruik van artikel 311 van die Maatskappywet as 'n meganisme om maatskappye van likwidasie te red. Nadat geregtelike bestuur in aanvang geneem het behoort die krediteure die mag te hê om oor die toekoms van die maatskappy te besluit. Krediteure sou 'n reddingsplan (voorberei deur die geregtelike bestuurder) wat vir die herstrukturering van die regte en verpligtinge van die maatskappy en vir sy toekomstige bestuur voorsiening maak kon aanvaar of verwerp. Gedurende geregtelike bestuur en die uitvoering van die reddingsplan vestig die beheer oor die bates van die maatskappy in die geregtelike bestuurder. Die direksie verloor terselfdertyd alle bestuursbevoegdhede. Geregtelike bestuurders behoort aangemoedig te word om 'n sukses van die geregtelike bestuur te maak deur te bepaal dat 'n geregtelike bestuurder nie as likwidateur aangestel kan word indien die maatskappy uiteindelik gelikwideer word nie. Die las van hoë koste kan verlig word deur 'n buigsame stelsel van vergoeding vir die geregtelike bestuurder in te stel. 'n Statutêre reddingsprosedure vir ondernemings staan in wisselwerking met ander elemente van korporatiewe insolvensiereg en ander regsgebiede. Ten einde die positiewe uitwerking van 'n reddingsprosedure vir ondernemings te optimaliseer word sekere veranderinge ten opsigte van die wetgewing met betrekking tot handeldryf in insolvente omstandighede, die verskynsel van "phoenix" maatskappye, artikel 311 van die Maatskappywet en belastingwetgewing voorgestel. Die tesis stelook 'n gladde oorskakeling van geregtelike bestuur na vrywillige likwidasie voor. Die tesis sluit ook 'n aanhangsel met voorgestelde wetgewing in om uitvoering te gee aan die belangrikste veranderinge aan die Maatskappywet wat in die tesis voorgestel word.
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Cregan, Paul John. "Environmental benefits and detriments of remote sensing from outer space : an Australian legal perspective." Thesis, Queensland University of Technology, 1999.
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Dutson, Stuart Terence. "Product liability and private international law : a study of the English and Australian approaches." Thesis, University of Cambridge, 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.627559.
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Vincent, Margaret Ann. "The inclusion of Aboriginal traditional law in the Western Australian legal system 1829-1992." Thesis, Vincent, Margaret Ann (1992) The inclusion of Aboriginal traditional law in the Western Australian legal system 1829-1992. Honours thesis, Murdoch University, 1992. https://researchrepository.murdoch.edu.au/id/eprint/41531/.
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This study was undertaken with a view to examining Aboriginal customary law in Western Australia and the ways in which the legislation was framed to accommodate the traditions of the indigenous people. that rather than However, from the outset, it was noted trying to adapt aspects of Aboriginal customary law, the legislators and jurists drew up legislation which sought to deny Aborigines access to their traditional ways and to make them amenable to British law. This thesis looks at the entire period of white settlement from 1829 until the present day. It covers most of the important legislation proclaimed in Western Australia during this period as well as some of the more significant court cases which affected Aboriginal people. Central to the thesis is the notion of sovereignty. From the beginning of settlement, Aboriginal people were removed from their land by force or by means of legislation and consequently became dispossessed, not only in terms of their livelihood but also in terms of their traditional lifestyle. This thesis begins with the argument as to whether the British government had the right to claim sovereignty over the land. It concludes with the Mabo decision which found that in fact many Aboriginal people in Australia still have a right of native title to the land.
In the interim, however, Aboriginal people suffered severe deprivations at the hands of the settlers and legislators. Many were treated harshly and were denied basic human rights. Yet, throughout the whole period, some managed to maintain aspects of their traditional lifestyle so that today, although there have been adaptations which have altered the form of traditional Aboriginal law, it still remains an important part of their lifestyle in many parts of the State. Legislation drawn up over the past twenty years has helped to ensure that Aboriginal people have the right to decide their own future and this has enabled them to look to the future with hope that soon they might not be considered as ‘other' by white Australians but as equals who have a distinct culture and identity.
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au, k. lewins@murdoch edu, and Kate Lewins. "The Trade Practices Act (Cth) 1974 and its Impact on Maritime Law in Australia." Murdoch University, 2008. http://wwwlib.murdoch.edu.au/adt/browse/view/adt-MU20081223.135713.
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The trade of shipping is necessarily international in nature. Courts and international bodies often
express the need to ensure international consistency in matters of maritime law. However, it has
been an extremely difficult goal to achieve. Many countries have refused to be party to international
conventions that seek to ensure comity. Some have enacted laws that reflect part but not all of those
conventions, or seek to improve the protection offered by the conventions. The domestic law of each
country also adds its own flavour to shipping law as recognised and applied by the courts in that
jurisdiction.
In 1974 Australia enacted the Trade Practices Act 1974 (Cth) (TPA), heralding a new era in
corporate and commercial law. However, its impact on maritime law on Australia has only been felt
over the last 10 15 years. It is potentially relevant to many areas of maritime law, including
carriage of goods by sea, cruise ships, and towage. This thesis explores the encroachment of the
TPA on a number of different areas of shipping law, using the few case examples on offer and
extrapolating the impact that the TPA may have. It also considers the extent to which the TPA is
stymied by simple contractual agreements to litigate or arbitrate in a non Australian forum, despite
the TPAs status as a mandatory statute within Australia.
Raised at various points in the thesis is the possibility of law reform, which is a complex compendium
of issues overlaid with a moral dimension does shipping, as an industry, deserve to be exempted
from the operation of the Act which sets a high standard of corporate behaviour? If so, how could
that reform be shaped? In the meantime, what steps can the shipping industry take to work within
the legal framework of the TPA?
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Spagnolo, Benjamin James. "Kelsen and Raz on the continuity of legal systems : applying the accounts in an Australian context." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:a9025e33-e70e-49e9-994f-52f8daa311fd.
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This thesis has three objectives. Its primary objective is to examine, and critically evaluate, the theoretical accounts offered by Hans Kelsen and Joseph Raz to explain the temporal continuity and discontinuity of legal systems. In particular, it evaluates the explanatory power of those accounts by combining an abstract analysis of the accounts in principle and an evaluation based on systematically applying them to one concrete, historically circumstanced instance: the legal systems of British derivation in Australia between 1788 and 2001. The thesis thus tests each account’s factual fit: how adequately it corresponds to, accords with, and persuasively makes sense of, the facts – including complex social facts, attitudes and normative standards – for which it purports to offer an account. Second, the thesis aims to demonstrate, more generally, the utility of applying theoretical accounts to a particular historical instance to complement abstract analysis. Third, the thesis aims to advance the understanding of the evolution of Australian legal systems between 1788 and 2001. These three objectives are achieved through the critical exposition and reconstruction of the accounts, their development and enrichment where refinement is appropriate, their application to the specific context of Australia and their evaluation, individually and in comparison.
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Ndobela, Remember Kanego. "Compensation as a remedy for unfair dismissal : a comparison of South African and Australian labour law." Thesis, University of Limpopo (Turfloop Campus), 2012. http://hdl.handle.net/10386/881.
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Thesis (M.Law (Labour Law)) --University of Limpopo, 2012This research is titled ‘Compensation as a remedy for unfair dismissal, a comparison of South African and Australian labour law’. The Australian labour law systems and structures share some important features with South African labour law jurisprudence pertaining to the awarding of compensation as a remedy to unfairly dismissed employees. Some of these important features include the method of calculating compensation and the existence of a compensation cap. The research sets out, amongst other things guidelines or directives to be followed by adjudicators of unfair dismissal dispute in South Africa when awarding compensation, and highlight comparative analysis of South African and Australian labour law approach on compensation as a remedy for unfair dismissal.
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Chrystal, Philip 1956. "Towards a United States-Australian International Air Services Agreement, 1935-1942 : prelude to the 1946 bilateral." Thesis, McGill University, 1985. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=64478.
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Grewcock, Michael Law Faculty of Law UNSW. "Crimes of exclusion: the Australian state???s responses to unauthorised migrants." Awarded by:University of New South Wales. School of Law, 2007. http://handle.unsw.edu.au/1959.4/31445.
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This thesis provides a criminological perspective on the Australian state???s responses to unauthorised migrants. In particular, it attempts to build on recent criminological literature on state crime by contrasting the alleged deviance of unauthorised migrants with the organised and deviant human rights abuses perpetrated by the Australian state. The main argument of the thesis is that through the systematic alienation, criminalisation and abuse of unauthorised migrants, particularly refugees, the Australian state is engaged in state crime. While this can partly be measured by breaches of international humanitarian law, the acts in question are criminal according to the broader sociological understanding of state crime as ???state organisational deviance involving the violation of human rights???. The thesis develops this argument by locating the phenomena of forced and illicit migration within an increasingly globalised world economy in which the needs for international human migration are confronted by the restrictive migration policies of the dominant Western states. In this context, the Australian state has played a pivotal role in the development of three major Western exclusion zones, which are designed to contain unauthorised migrants in the developing world and are enforced by measures that systematically abuse human rights. The fundamental criminological dynamic of the Australian exclusion zone is its systematic assault on the movements and by definition, the rights, of forced migrants. This operates at a number of levels: unauthorised arrivals are alienated by their lack of legal status; they are denied access to a full refugee determination process; their status as refugees is subordinated to that of the resettled refugee; their experiences are denied and delegitimised through their construction as queue jumpers; they are criminalised through their participation in smuggling enterprises; they are punished and abused through the use of detention, dispersal and forced removal; and they are put at greater personal risk by the measures employed to enforce the zone. The thesis traces the development of this zone from the formation of the white Australia policy through to the Pacific Solution and critically analyses the ways in which current policy draws on and reinforces the exclusionist traditions of Australian nationalism.
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Schäfer, Lawrence Ivan. "Unmarried fathers and their children : a comparative study of English, Australian and South African law." Thesis, University of Oxford, 2005. https://ora.ox.ac.uk/objects/uuid:3181b163-edbe-4fc6-a899-fcf969112096.
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This thesis seeks to establish whether unmarried fathers in English, Australian and South African law are treated differently from other parents in the enjoyment of parental rights and in the judicial resolution of residence and contact disputes. The first part of the work considers the different bases on which parental authority is allocated in each of the three jurisdictions. The Australian model is categorised as inclusive, by reason that it allocates parental authority automatically to all parents; and the English and South African models as exclusive, by reason that at least some categories of unmarried fathers do not automatically enjoy parental authority. We see that the nature and function of each model of parental authority differs substantially and that it is only in England where there is a close relationship between the enjoyment of parental rights and holding parental authority. The second part of the work analyses the decision-making process by which judges resolve residence and contact disputes. Here we seek to establish whether any aspects of this process result in less favourable outcomes for unmarried fathers than for other parents and, if so, to consider whether there is any relationship between these and the allocation of parental authority. We consider the role of common law parental rights to custody and access; rights arising under human rights instruments; assumptions made by judges as to what is usually in a child's best interests (here termed 'factual assumptions'); moral judgments about lifestyles and parental roles; and other factors which impact on the exercise of judicial discretion. Our study shows that whilst aspects of the decision-making process in all three jurisdictions previously yielded less favourable outcomes for unmarried fathers, it is today only in South Africa where this remains the case: and only in South Africa where the allocation of parental authority affects the resolution of residence and contact disputes.
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Moore, Gregory Allison Business Law & Taxation Australian School of Business UNSW. "A theory-based description of Australian franchising regulation." Publisher:University of New South Wales. Business Law & Taxation, 2008. http://handle.unsw.edu.au/1959.4/41223.
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This paper examines franchising regulation in Australia as a case study for the analysis of regulation based on established regulatory theory. A literature review is conducted to establish and critique the theory of regulation based on the four main areas of established theory; regulatory purpose, regulatory strategies, rulemaking and enforcement. Case study data is drawn from primary source material and academic commentary on franchising regulation and presented according to the eras of franchising regulation in Australia, moving from the first proposals for legislation in the 1970s to the prescribed mandatory Franchising Code of Conduct model adopted in 1998 and refinements made to that scheme up to 2006. An analysis is then conducted on each major aspect of Australian franchising regulation using the established theoretical principles and analytical constructs available in the literature. The study concludes that the Franchising Code of Conduct regime, as a culmination of the experience gained and study undertaken in the preceding eras, is characterised by the availability of a broad range of enforcement options from harsh deterrence-oriented measures to more gentle and cooperative compliance-oriented options constituting an effective regulatory pyramid. The effectiveness of the regime is further bolstered by the presence of a credible regulatory strategy pyramid which emphasises the real possibility of escalated intervention, coupled with skilful deployment by the Australian Competition and Consumer Commission as enforcement agency. The principal weakness of the scheme is identified as unnecessarily ambiguous drafting in some areas, which compromises the quality of the otherwise highly transparent ruleset. It is suggested that the choice of regulatory strategy, often a focus of superficial examinations of regulation, is largely irrelevant to the nature of the regulation, with other features such as enforcement strategy, legitimacy, and availability of credible sanctions proving much more important. A proposal for an analytical framework based on the established theory is developed based on the experience of applying that theory to the case study. While this outlined framework assists in broadening focus across the entire regulatory regime to encourage assessment of the component parts, a lack of cohesion and linkage amongst the components highlights a shortcoming in the development of regulatory theory and an opportunity for further research.
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Jing, Zhen. "Fundamental principles of insurance contract law and practice in the People's Republic of China : a comparative study with English and Australian counterparts." Thesis, Queen Mary, University of London, 2001. http://qmro.qmul.ac.uk/xmlui/handle/123456789/25787.
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The Insurance Law 1995 (PRC) is the first comprehensive insurance legislation since the foundation of the People's Republic of China in 1949. It consists of insurance contract law and insurance regulation. This study concerns only the insurance contract law, focusing on three fundamental principles, namely the principles of insurable interest, utmost good faith, and subrogation. The main theme of this study is that, through examination and analysis, and by comparative methodology, of the provisions relating to the three principles, problems in these provisions are to be found and recommendations on how to amend them are to be proposed. It is intended this study will also help us to understand other similar problems in the whole Chinese insurance contract law. Many concepts adopted in the Insurance Law (PRC) are English in origin. This research attempts to trace the origin and the evolution of these concepts in England and to seek their real meanings in order to find and solve problems of confusions, ambiguities, contradictions and unfairness in Chinese insurance law. The Australian Insurance Contracts Act 1984 codifies the common law and insurance practice in Australia and mitigates the common law for its harshness to consumers and is regarded as a model for insurance law reform. So many Australian approaches are suggested as suitable to follow in order to amend Chinese law. This thesis starts with a brief introduction stressing the purpose and methodology of this research. Then the background is laid down concerning China's politics, economic reform, legal system and the development of China's insurance industry, under which the Insurance Law has been shaped. This is followed by three chapters - the main part of this study dealing with the three fundamental principles of the insurance contract law by examining and comparing the Chinese approach with the English and Australian counterparts. By doing so, problems in the Insurance Law are identified and better solutions are figured out. This research concludes with an emphasis on the urgency for amendment of the Chinese insurance contact law by summarising the preceding examination and analysis of the three principles. It finally ends with a number of proposed amendments of relevant provisions of the Insurance Law which it is hoped will provide useful models for the improvement of the whole Chinese insurance law.
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O'Sullivan, Helen. "The Right to Silence at Trial: A Critique and a Call for a New approach." Thesis, Griffith University, 2007. http://hdl.handle.net/10072/365202.
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This thesis addresses two questions: what is the current law on the right of an accused to remain silent at trial? And, what is the impact of the right to silence on the participants in criminal trials?
The right to silence at trial was not introduced until the mid-late eighteenth century, and was not entrenched until the late nineteenth century. Today, it is accepted as a fundamental principle underpinning the common law adversarial criminal trial. The thesis argues that the right to silence is treated as fundamental and inviolate when there is no justification for doing so. When examined closely, it is exposed as a doctrine or rule which lacks consistency, clarity and predictability.
The thesis begins with a detailed analysis of the Australian appellate court decisions, and reveals a trend towards an absolute right to silence. Under the current law, the accused is not expected to give evidence at trial, except in rare and exceptional circumstances where there are facts additional to those in the Crown case which are known only to the accused.
The move to an absolute right to silence is interrogated within contexts where the courts are failing to address the numerous exceptions to the principle. Other influences on the right to silence are examined, including legislation facilitating scientific proof, common law doctrines such as silence in the face of accusation, reverse onus provisions in legislation, and compulsory defence disclosure.
The thesis reveals the gaps and incongruities in the way the right to silence is understood, how it is practiced, and its effect on a ‘fair trial,’ not just for the accused, but also for the accuser, and the community at large.
Unlike the current literature, the thesis deconstructs the right to silence, and seeks to avoid the current slippage between the right to silence on the one hand, and the presumption of innocence, the privilege against self-incrimination, and the burden of proof on the other. The right to silence is re-conceptualised as a choice with consequences, which may or may not be unfavourable to the accused, an issue which it is argued, is for the jury to determine in each case.
The thesis probes the appellate court decisions and commentary by academics and legal practitioners on the reasons for the continuing existence of the right to silence
and its importance in the criminal trial. The thesis concludes that the reasons offered are fractured and inadequate.Thesis (PhD Doctorate)
Doctor of Philosophy (PhD)
Griffith Law Shool
Arts, Education and Law
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DeCicco, Emma E. "Work-related exposure to child exploitation material: The experiences of Western Australian digital forensic officers and their spouses." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2015. https://ro.ecu.edu.au/theses/1692.
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Researchers contend that chronic exposure to child exploitation material (CEM) contributes to stress, psychological and interpersonal problems among police officers in digital forensic roles. The spouses of these officers have been identified as key supports, who potentially influence the officers’ coping experiences. The existing research is, however, limited in that no studies have specifically examined Western Australian officers’ experiences nor investigated the support role of the officers’ spouses. Psychologists and managers of Australian digital forensic officers therefore have little evidence to inform policies, programs, and interventions that act to minimise adverse outcomes among these personnel. As such, across four stages, this research project used interpretative phenomenological analysis to explore the experience and effects of work-related CEM exposure in Western Australian digital forensic officers and their spouses.
Stage one involved individual, semi-structured interviews with 13 members of the Western Australian Police Computer Crime Squad to examine “What is the meaning and essence of the lived experience of working with CEM?” Six themes emerged: context and culture over time; construction of identity; perceptions of work role; cognitive structures of CEM; perceived outcomes of CEM exposure; and coping. Stage two involved a single group interview which explored the perspectives of two of the squad’s supervisors, revealing three focal points: perceptions of stage one findings; perceived stressors and outcomes; and supervisory perspectives. Stage three used individual, semi-structured interviews with three of the offices’ spouses to investigate “What is the meaning and lived experience of being the spouse of a digital forensic officer who is exposed to CEM?” Six themes emerged: sense making of identity; perceptions of officer partner’s work experiences; perceptions of CEM exposure; gatekeeping role; perceived stress experiences of officer partner; perceptions of coping and support. In stage four the experiences of four new, less-experienced squad, members were explored. Five themes emerged across the individual, semi-structured interviews which closely reflected those of stage one, though more comprehensively captured early experiences with CEM exposure.
Taken together, four conclusions emerged. First, adjusting to CEM exposure, although somewhat neglected in previous research, is a crucial evolving process during early exposures. Second, working with CEM transcends professional and personal lived experience, and these effects are not necessarily negative; for example, many officers derive a sense of meaning through their work. Third, consistent with previous findings, coping with CEM exposure is a complex and dynamic experience. Fourth, organisational and cultural practices are critical in these experiences. These findings contribute to the evidence-base upon which policies, practices and education programs that support these police officers and their spouses, can be developed and implemented. Psychologists need to be aware that work-related CEM exposure is qualitatively distinct from other policing stressors and that efforts to minimise risk, while promoting adaptive coping and supports, are crucial to the wellbeing of digital forensic officers.
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Parkin, Stephanie. "The theft of culture and inauthentic art and craft: Australian consumer law and Indigenous intellectual property." Thesis, Queensland University of Technology, 2020. https://eprints.qut.edu.au/205870/2/Stephanie_Parkin_Thesis.pdf.
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This thesis addresses the 2017 Parliamentary Inquiry into the ‘growing presence of inauthentic Aboriginal and Torres Strait Islander ‘style’ art and craft products and merchandise for sale across Australia’. Inauthentic art and craft is Aboriginal ‘style’ souvenir products that are created without the involvement of an Aboriginal person. This thesis prioritises the evidence of Aboriginal and Torres Strait Islander people to the 2017 Inquiry, investigates intellectual property and consumer law and explores colonial influences and power dynamics that allow inauthentic art and craft to exist. This thesis answers the question: ‘How can the law protect Aboriginal cultural expression from exploitation?’
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Luker, Trish. "The rhetoric of reconciliation : evidence and judicial subjectivity in Cubillo v Commonwealth /." Access full text, 2006. http://www.lib.latrobe.edu.au/thesis/public/adt-LTU20080305.105209/index.html.
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Thesis (Ph.D.) -- La Trobe University, 2006.Research. "A thesis submitted in total fulfilment of the requirements for the degree of Doctor of Philosophy, La Trobe Law, Faculty of Law and Management, La Trobe University, Bundoora, Victoria". Includes bibliographical references (leaves 318-338). Also available via the World Wide Web.
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Harpur, Paul David. "Labour rights as human rights : workers' safety at work in Australian-based supply chains." Thesis, Queensland University of Technology, 2009. https://eprints.qut.edu.au/35793/1/Paul_Harpur_Thesis.pdf.
Full textAbstract:
The increase of buyer-driven supply chains, outsourcing and other forms of non-traditional employment has resulted in challenges for labour market regulation. One business model which has created substantial regulatory challenges is supply chains. The supply chain model involves retailers purchasing products from brand corporations who then outsource the manufacturing of the work to traders who contract with factories or outworkers who actually manufacture the clothing and textiles. This business model results in time and cost pressures being pushed down the supply chain which has resulted in sweatshops where workers systematically have their labour rights violated. Literally millions of workers work in dangerous workplaces where thousands are killed or permanently disabled every year. This thesis has analysed possible regulatory responses to provide workers a right to safety and health in supply chains which provide products for Australian retailers.
This thesis will use a human rights standard to determine whether Australia is discharging its human rights obligations in its approach to combating domestic and foreign labour abuses. It is beyond this thesis to analyse Occupational Health and Safety (OHS) laws in every jurisdiction. Accordingly, this thesis will focus upon Australian domestic laws and laws in one of Australia’s major trading partners, the Peoples’ Republic of China (China).
It is hypothesised that Australia is currently breaching its human rights obligations through failing to adequately regulate employees’ safety at work in Australian-based supply chains. To prove this hypothesis, this thesis will adopt a three- phase approach to analysing Australia’s regulatory responses.
Phase 1 will identify the standard by which Australia’s regulatory approach to employees’ health and safety in supply chains can be judged. This phase will focus on analysing how workers’ rights to safety as a human right imposes a moral obligation on Australia to take reasonablely practicable steps regulate Australian-based supply chains. This will form a human rights standard against which Australia’s conduct can be judged.
Phase 2 focuses upon the current regulatory environment. If existing regulatory vehicles adequately protect the health and safety of employees, then Australia will have discharged its obligations through simply maintaining the status quo. Australia currently regulates OHS through a combination of ‘hard law’ and ‘soft law’ regulatory vehicles. The first part of phase 2 analyses the effectiveness of traditional OHS laws in Australia and in China. The final part of phase 2 then analyses the effectiveness of the major soft law vehicle ‘Corporate Social Responsibility’ (CSR).
The fact that employees are working in unsafe working conditions does not mean Australia is breaching its human rights obligations. Australia is only required to take reasonably practicable steps to ensure human rights are realized.
Phase 3 identifies four regulatory vehicles to determine whether they would assist Australia in discharging its human rights obligations. Phase 3 then analyses whether Australia could unilaterally introduce supply chain regulation to regulate domestic and extraterritorial supply chains. Phase 3 also analyses three public international law regulatory vehicles. This chapter considers the ability of the United Nations Global Compact, the ILO’s Better Factory Project and a bilateral agreement to improve the detection and enforcement of workers’ right to safety and health.
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Horrigan, Brian. "Resources and limits of judicial reasoning, with particular reference to decisions of the Australian High Court to overrule its own decisions." Thesis, University of Oxford, 1989. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.303576.
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Keyes, Mary Elizabeth, and n/a. "A Critical Analysis of Jurisdiction in International Litigation." Griffith University. Griffith Law School, 2004. http://www4.gu.edu.au:8080/adt-root/public/adt-QGU20051214.143910.
Full textAbstract:
This thesis critically analyses the Australian law of jurisdiction in private international litigation. Jurisdiction in international litigation is often regarded as a procedural area of law which is less important than choice of law in practical and theoretical terms. There has been little scholarly attention devoted specifically to the study of jurisdiction in Australia. In recent years, jurisdiction has certainly overtaken choice of law in practical importance. This emphasises the need for critical academic study of the law of jurisdiction. This thesis addresses this need. It critically analyses the present principles and the manner in which they are applied, identifies the factors which should influence the law, and proposes appropriate reforms to the principles. This thesis is in five related parts. The first part examines the procedural and constitutional context in which the principles of jurisdiction have been developed and applied. This context has important implications for the law and practice of jurisdiction, which have largely been overlooked in the literature, although they are important in understanding how the principles have developed and how they are applied. The second part critically analyses the present law of jurisdiction. The Australian principles of jurisdiction have not changed substantially in the last 100 years, while economic and social conditions which affect international litigation have undergone dramatic and wide-reaching changes. The present law provides that the courts are jurisdictionally competent in a wide range of cases, which do not all require a substantial connection between the dispute and the forum. The various principles applied in declining jurisdiction make it likely that the Australian courts will exercise their discretion to retain jurisdiction in the majority of cases. Foreign jurisdictional agreements should be enforced by a stay unless there are strong reasons for non- enforcement. But the application of overriding mandatory rules, even where there is a jurisdictional agreement, and the courts' wide discretion under the Australian forum non conveniens principle make it unlikely that the courts will decline to exercise jurisdiction. The present principles, in short, permit the courts to take jurisdiction in too many cases, and require them to decline to exercise jurisdiction in too few cases. The third part examines how the principles on declining jurisdiction operate in practice. This is addressed by a doctrinal and an empirical analysis of the manner in which these principles are applied by the Australian superior courts. These analyses identify factors which appear to influence decisions in practice, not all of which are consistent with the applicable principles. For example, the principle requires the court to enforce foreign jurisdictional agreements unless there are strong grounds for non-enforcement. In practice, strong grounds are easily shown. These analyses show that there are factors which influence decisions which are not always apparent from the principles, suggesting that reform is required. The fourth part identifies the factors which ought to influence the law and practice of jurisdiction. The relevant factors are identified in terms of the interests of foreign states, individual litigants' interests and the forum state's interests. The law and practice of jurisdiction are examined to determine whether those interests do in fact influence law and practice. Many important interests, especially of foreign states and of defendants, are not sufficiently taken into account. This also implies that reform of the principles is warranted. The fifth part considers how Australian jurisdictional principles could be improved. Detailed reforms are suggested, drawing on a discussion and an evaluation of different approaches to jurisdiction, particularly drawing on the European Community's Regulation on Jurisdiction and Judgments. The principles should ensure that the court is jurisdictionally competent only where it is likely to be an appropriate forum for the dispute. The proposed reforms identlfy grounds of exclusive jurisdiction, provide protection to weaker parties to contracts, and otherwise require the enforcement of jurisdictional agreements. Default rules of jurisdiction which are likely to indicate a strong connection between the forum and the dispute are proposed. Specific principles for declining jurisdiction are also proposed. Retention of the forum non conveniens principle is recommended, but the English principle is advocated as a more suitable and just approach. This thesis is intended to contribute both to a theoretical understanding of this area of law and to an understanding of its practical application.
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Keyes, Mary Elizabeth. "A Critical Analysis of Jurisdiction in International Litigation." Thesis, Griffith University, 2004. http://hdl.handle.net/10072/365397.
Full textAbstract:
This thesis critically analyses the Australian law of jurisdiction in private international litigation. Jurisdiction in international litigation is often regarded as a procedural area of law which is less important than choice of law in practical and theoretical terms. There has been little scholarly attention devoted specifically to the study of jurisdiction in Australia. In recent years, jurisdiction has certainly overtaken choice of law in practical importance. This emphasises the need for critical academic study of the law of jurisdiction. This thesis addresses this need. It critically analyses the present principles and the manner in which they are applied, identifies the factors which should influence the law, and proposes appropriate reforms to the principles. This thesis is in five related parts. The first part examines the procedural and constitutional context in which the principles of jurisdiction have been developed and applied. This context has important implications for the law and practice of jurisdiction, which have largely been overlooked in the literature, although they are important in understanding how the principles have developed and how they are applied. The second part critically analyses the present law of jurisdiction. The Australian principles of jurisdiction have not changed substantially in the last 100 years, while economic and social conditions which affect international litigation have undergone dramatic and wide-reaching changes. The present law provides that the courts are jurisdictionally competent in a wide range of cases, which do not all require a substantial connection between the dispute and the forum. The various principles applied in declining jurisdiction make it likely that the Australian courts will exercise their discretion to retain jurisdiction in the majority of cases. Foreign jurisdictional agreements should be enforced by a stay unless there are strong reasons for non- enforcement. But the application of overriding mandatory rules, even where there is a jurisdictional agreement, and the courts' wide discretion under the Australian forum non conveniens principle make it unlikely that the courts will decline to exercise jurisdiction. The present principles, in short, permit the courts to take jurisdiction in too many cases, and require them to decline to exercise jurisdiction in too few cases. The third part examines how the principles on declining jurisdiction operate in practice. This is addressed by a doctrinal and an empirical analysis of the manner in which these principles are applied by the Australian superior courts. These analyses identify factors which appear to influence decisions in practice, not all of which are consistent with the applicable principles. For example, the principle requires the court to enforce foreign jurisdictional agreements unless there are strong grounds for non-enforcement. In practice, strong grounds are easily shown. These analyses show that there are factors which influence decisions which are not always apparent from the principles, suggesting that reform is required. The fourth part identifies the factors which ought to influence the law and practice of jurisdiction. The relevant factors are identified in terms of the interests of foreign states, individual litigants' interests and the forum state's interests. The law and practice of jurisdiction are examined to determine whether those interests do in fact influence law and practice. Many important interests, especially of foreign states and of defendants, are not sufficiently taken into account. This also implies that reform of the principles is warranted. The fifth part considers how Australian jurisdictional principles could be improved. Detailed reforms are suggested, drawing on a discussion and an evaluation of different approaches to jurisdiction, particularly drawing on the European Community's Regulation on Jurisdiction and Judgments. The principles should ensure that the court is jurisdictionally competent only where it is likely to be an appropriate forum for the dispute. The proposed reforms identlfy grounds of exclusive jurisdiction, provide protection to weaker parties to contracts, and otherwise require the enforcement of jurisdictional agreements. Default rules of jurisdiction which are likely to indicate a strong connection between the forum and the dispute are proposed. Specific principles for declining jurisdiction are also proposed. Retention of the forum non conveniens principle is recommended, but the English principle is advocated as a more suitable and just approach. This thesis is intended to contribute both to a theoretical understanding of this area of law and to an understanding of its practical application.Thesis (PhD Doctorate)
Doctor of Philosophy (PhD)
School of Law
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Kohl, Uta, and n/a. "An analytical framework on regulatory competence over online activity." University of Canberra. Law, 2002. http://erl.canberra.edu.au./public/adt-AUC20050509.105817.
Full textAbstract:
This thesis examines the application of traditional jurisdictional doctrines to
online activity. It analyses not only to what extent, and why, the Internet
challenges existing principles allocating regulatory competence, but the
factors which shape, and must shape, the regulatory responses to these
challenges, in an attempt to create an analytical framework within which the
search for viable solutions can begin.
The overarching argument made in this thesis is that the keys to viable future
Internet regulation are deeply embedded in past and present regulation and
that we cannot simply look for the most efficient legal solutions, regardless of
how they fit within existing laws. This would be inconsistent with the law's
basic function to answer the need for certainty and predictability. Building
upon this fundamental premise, it is further argued, and shown, that an
understanding of the public law - private law dichotomy within the existing
jurisdictional framework, as well as its deeply entrenched status, is essential
for appreciating the severity of the jurisdictional problems caused by the
Internet and actual and likely regulatory responses to them. It is argued that
this explains why both sets of rules have consistently accommodated
transnational online activity differently, giving rise to different problems -
problems which ultimately touch upon fundamental legal notions, such as
formal justice, the rule of law or obedience to law which cannot but set further
outer parameters of the search for solutions to the jurisdictional problems
triggered by the Internet.
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Tooma, Rachel Anne Law Faculty of Law UNSW. "A case for a uniform statutory general anti-avoidance rule in Australian taxation legislation." Awarded by:University of New South Wales. School of Law, 2007. http://handle.unsw.edu.au/1959.4/29348.
Full textAbstract:
Taxpayer certainty is the most frequently cited argument against statutory General Anti-Avoidance Rules (GAARs). However the vast literature criticising statutory GAARs fails to consider the extent of taxpayer uncertainty, and the potential for taxpayer uncertainty, in jurisdictions without a statutory GAAR. This thesis examines that gap in the literature. The thesis uses inductive reasoning to suggest that there is greater taxpayer certainty where a statutory GAAR exists and is appropriately administered. Specifically, it uses a case study to demonstrate that there is greater uncertainty for taxpayers where the administration, the judiciary and the legislature may use their vast powers to address perceived avoidance. The thesis then considers the form of a statutory GAAR that may best be expected to promote taxpayer certainty. Such analysis involves a comparison of Australia???s oldest statutory GAAR, Part IVA of the Income Tax Assessment Act 1936 (Cth) (and its predecessor section 260), with the more recent GAARs in Australia???s indirect tax legislation (GST and state stamp duty), and the GAARs of other jurisdictions, including New Zealand, Canada and South Africa. In order to promote taxpayer certainty, a uniform statutory GAAR is ultimately proposed for all Australian taxation legislation, with safeguards to ensure the appropriate administration of the uniform GAAR.
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Feng, Ruo Han. "Conflict and coordination between trademark retriction and public health :a study on the case of Australian tobacco plain packaging act." Thesis, University of Macau, 2018. http://umaclib3.umac.mo/record=b3952292.
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Waters, Ian Benjamin. "Australian conciliar legislation prior to the 1917 Code of Canon Law: A comparative study with similar conciliar legislation in Great Britain, Ireland, and North America." Thesis, University of Ottawa (Canada), 1990. http://hdl.handle.net/10393/5997.
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Jaku, Danielle Georgia. "Responsible families a critical appraisal of the federal government's reforms /." Master's thesis, Australia : Macquarie University, 2007. http://hdl.handle.net/1959.14/620.
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Thesis (LLM)--Macquarie University. Division of Law.Bibliography: leaves 192-208.
Introduction -- The perceived problems and the new reforms -- The framework for children's matters in Australia -- Families and functions - regulating the Australian family -- Reorganising the gender hierarchy -- Men's movements, misconceptions and misidentifying the real issues -- Problems with "shared parenting": an ideal or a (rebuttable) presumption? -- Mediation not litigation -- Conclusion -- Bibliography.
In this thesis, I critically appraise the latest reforms of the Australian family law system and assess the underlying philosophy of these measures. I specifically analyse the introduction of shared parenting and mandatory family dispute resolution. My starting point is that legislative changes alone cannot be used as a means of social change. Legal models cannot function correctly if they reflect an ideal rather than social reality, and in light of the current reforms, the Australian family law system risks such a fate. The system, which presumes that parents share parental responsibility upon separation (and therefore during the intact family), does not represent social truth. It appears to make an assumption that shared parenting is the societal practice, but I believe the law is really being used to impose such an ideal. If the reforms are to be successful, I argue that substantial social and economic structural change is required, in order to break down the dichotomy between men's and women's roles, which continue to define the male role as economic and public and the female responsibility as care-giving and private. This is particularly important if the Government is genuine about its aim to make parenting gender neutral in practice and not just in theory.
The thesis demonstrates that the reform measures are a response to the perceived rather than real problems identified in the family law system, and that they are largely issues raised under the influence of fathers' rights groups. The response of the Government to remedy the system is therefore flawed as it is based on misconceived notions about the family law system. It incorrectly identifies judicial discretion as a fundamental cause of the problems and tries to replace it with a more rules-based approach to determining children's matters. I suggest that the real problems can be found in the continuance of deeply entrenched customs and gendered role constructions, and the remedies lie in their overhaul. The social culture that makes the mother the primary caregiver and allocates to the father diminished parental responsibility from the time the child is born needs to be transformed. A suitable legal response to the current impasse would be to begin by educating the public about the way the system works and provide counselling to families on how to structure their united life well before they reach the breakdown point. Assisting families while they are still functional, as opposed to when they are dysfunctional, would arguably make a large difference in how the family law system is understood. Moreover, it would be able to facilitate ongoing communication for separating couples and, most importantly, thereby uphold the best interests of the child.
Mode of access: World Wide Web.
208 leaves
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Yeung, Karen. "Bargaining and punishment in regulatory enforcement : a normative analysis of the public enforcement of Australian competition law." Thesis, University of Oxford, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.365511.
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Bannon, Matthew. "The evolution of the role of Australian customs in maritime surveillance and border protection." Access electronically, 2007. http://www.library.uow.edu.au/adt-NWU/public/adt-NWU20080916.155511/index.html.
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