The adversarialist approach to criminal justice places a premium on autonomy, efficiency and finality. It trusts that giving parties control will put reliable comprehensive evidence before the trial court. Where forensic science evidence is involved,…
Through a review of reported challenges this article explains how latent fingerprint evidence was routinely admitted and relied upon as proof of identity in criminal proceedings before its value and limitations were studied or understood. That it was…
There is a substantive distinction between accessories who do, and those who do not,undertake to serve the beneficiaries of a fiduciary function. Where the access ofaccessories to beneficiary assets is limited, they are directly accountable as…
Some judges and writers have been moving our regulation of opportunism off its conceptual rails. Numerous departures from convention presently are nesting in the jurisprudence and the literature. None of the departures are justified, and all should…
This article examines the case of Y v University of Queensland and the issue of university disciplinary action in cases of student-on-student sexual assault. In addition to the question of whether universities have legal jurisdiction to decide these…
Export controls are gradually emerging as a source of contention within the World Trade Organisation (‘WTO’) law. Resource-exporting developing countries are increasingly finding it difficult to reserve the use of commodities and mineral resources…
The small to medium-sized enterprise (SME) sector is the largest and most productive in Australia. Like all established market-based economies, ours is characterised by the use of contracts as a mechanism for exchange. Contracts often require…
Class actions are legal proceedings brought on behalf of numerous persons, known asgroup members. When a class action settles for a monetary payment to compensatethe group members, the payment needs to be divided among the group members. Thedivision…
Humanity now possesses the capacity and technology to pursue radical humanenhancement, presenting fundamental challenges for the regulation of elite sport. Inorder to regulate not only performance enhancement, but also human enhancement,the World…
First Nations analyses, climate science, social science and legal research indicate the significant role of private law in facilitating the conditions of climate change. Private law is a contingent feature of planetary health because its key concepts…
