Common Fund Orders’ (CFOs) have had a significant effect on Australian third party-funded class actions by requiring all class members to make a contribution to the third-party litigation funder’s fee in the event of a successful outcome. This…
Criminal law regulators face difficulties in adapting to technological change. They must often operate in environments of significant uncertainty, with changing policy aims and legislative provisions that fail to ‘move with the times’. Rather than…
At a broad level of generality, the orthodox approach to interpreting contracts, trusts, wills, security documents, company constitutions and so forth is the same: a search for the objective meaning to be attributed to the author or authors of the…
This article explains the distinctive nature of Islamic inheritance law and considers the extent to which Muslim residents in Australia can assimilate their faith-based obligations with their country-based obligations in matters of inheritance. The…
Mangroves are valuable and highly productive ecosystems providing multiple services, including coastal protection, fishery breeding, birthing and nursery grounds, carbon sequestration and water filtration. Although they are rarely the subject of…
The recent Review of Freedom of Speech in Australian Higher Education Providers (‘the Review’), overseen by the Hon Robert French AC, identified areas for improving freedom of speech and academic freedom, and to that end proposed the adoption of…
This article addresses the impact of the climate crisis on the mental health of young people in the context of legal education. It reviews the evidence on youth mental health regarding the climate crisis and applies it to what is already known about…
From 1890 to 1892, Sir Samuel Griffith, as Premier of Queensland, promoted a scheme under which Queensland would itself have been divided into a federation of initially three provinces — North, Central and South Queensland — and then two provinces,…
This article examines the process for seeking redress under Australia’s racial vilification laws. Recently, the debate concerning pt IIA of the Racial Discrimination Act 1975 (Cth) has focused on unmeritorious complaints and the importance of quickly…
Legal history is sometimes seen, to quote William Wordsworth, as little more than the study of ‘old, unhappy, far-off things’.1 Paul Finn recently observed that legal history has, ‘for the most part, … been marginalised to the point of near…
