This article reviews and responds to the analysis completed by Jacob Holmes in the primary article ‘Professional Sport and Market Restrictions: Is the Player Points System in the Australian National Basketball League an Unfair Restraint of Trade?’.…
This article is a comment on the article by Jacob Holmes in this volume entitled ‘Professional Sport and Market Restrictions: Is the Player Points System in the Australian National Basketball League an Unfair Restraint of Trade?’. It explores some of…
This is a comment on the article by Stephen Gay in this volume entitled ‘The Choice Between Adoption and Foster Care as Child Protection Responses’. It strongly supports the conclusion drawn in the primary article that a ‘blanket approach to…
This response to Ashleigh Bagshaw’s article in this volume entitled ‘Exploring the Implications of Gender Identification for Transgender People under Australian Law’ seeks to humanise the experiences that sit behind the judicial determination of…
This article seeks to expand the conversation started in the primary article by Stephen Gay in this volume entitled ‘The Choice Between Adoption and Foster Care as Child Protection Responses’. It discusses the need for stability and permanence of…
This is a comment on the article by Stephen Gay in this volume entitled ‘The Choice Between Adoption and Foster Care as Child Protection Responses’ It aims to provide a different perspective on the relative merits of adoption and foster care. The…
This comment expands on three key issues raised by the argument put forward in on the article by Ashleigh Bagshaw in this volume entitled ‘Exploring the Implications of Gender Identification for Transgender People under Australian Law’. It points out…
Fiduciaries who breach their obligations by making a profit may apply to the courts for an allowance for the work and skill that generated the profit, but it is unclear whether a court will indulge the application if the fiduciary’s breach was…
This article provides a response to the article in this volume entitled ‘What Shall We Do with the Dishonest Fiduciary? The Unpredictability of Allowances for Work and Skill’ by Bronwyn Arnold. It begins in Part I with an overview of Arnold’s…
This article considers the potential application of unjust enrichment on a quantum meruit basis to the assessment of allowances for breaching fiduciaries. It briefly outlines the jurisprudential basis for these allowances and then explores the role…
