3 10 44 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource University of South Australia Law Review Dataset Data encoded in a defined structure. Examples include lists, tables, and databases. A dataset may be useful for direct machine processing. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Dickson, Alyse Date A point or period of time associated with an event in the lifecycle of the resource 2016-12-10 Description An account of the resource This article argues that the Australian Parliament should provide victims of revenge pornography with a victim focused response to enable the fast removal of intimate images from the internet and to mitigate the harm that the ongoing public access to the images can cause. Part I outlines the reasons why revenge pornography has created a new problem for the law. Part II addresses the existing legal remedies and Part III outlines the different approaches that the Australian Parliament could plausibly adopt. It argues that while criminal laws and civil remedies may assist, they do not provide efficient remedies for victims. The article concludes that the Australian Parliament should extend the powers of the Children’s e-Safety Commissioner to deal with adult victims as well as child victims and thereby facilitate the fast removal of revenge pornography from the internet. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://ojs.unisa.edu.au/index.php/uslr/article/view/1357 10.21913/USLRunisaslr.v2i0.1357 Language A language of the resource eng Publisher An entity responsible for making the resource available University of South Australia Relation A related resource https://ojs.unisa.edu.au/index.php/uslr/article/view/1357/899 Rights Information about rights held in and over the resource Copyright (c) 2016 UniSA Student Law Review Source A related resource from which the described resource is derived University of South Australia Law Review; Vol. 2 (2016): UniSA Student Law Review 2206-1398 Subject The topic of the resource revenge pornography remedies reform criminal law Title A name given to the resource 'Revenge Porn': A Victim Focused Response Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource University of South Australia Law Review Dataset Data encoded in a defined structure. Examples include lists, tables, and databases. A dataset may be useful for direct machine processing. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Kantic, Anja Date A point or period of time associated with an event in the lifecycle of the resource 2016-12-10 Description An account of the resource 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 of unjust enrichment in awarding relief to a breaching party to a contract. Although such a party has breached the contract, quantum meruit operates to ensure that they are fairly compensated for work done or effort expended. The article argues that there are substantial similarities between the position of the party who has breached a contract and that of the breaching fiduciary. It is therefore useful to explain the potential application of quantum meruit to the assessment of allowances for breaching fiduciaries to ensure that the principal who seeks equity must do equity. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://ojs.unisa.edu.au/index.php/uslr/article/view/1356 10.21913/USLRunisaslr.v2i0.1356 Language A language of the resource eng Publisher An entity responsible for making the resource available University of South Australia Relation A related resource https://ojs.unisa.edu.au/index.php/uslr/article/view/1356/895 Rights Information about rights held in and over the resource Copyright (c) 2016 UniSA Student Law Review Source A related resource from which the described resource is derived University of South Australia Law Review; Vol. 2 (2016): UniSA Student Law Review 2206-1398 Subject The topic of the resource quantum meruit fiduciary dishonest allowances breach duties Title A name given to the resource Allowances For Breaching Fiduciaries To Ensure That The Principal Who Seeks Equity Must Do Equity: Why Not Quantum Meruit? Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource University of South Australia Law Review Dataset Data encoded in a defined structure. Examples include lists, tables, and databases. A dataset may be useful for direct machine processing. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Palmer, Jessica Date A point or period of time associated with an event in the lifecycle of the resource 2016-12-10 Description An account of the resource 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 position and moves on to consider the issue of dishonesty in Part II and the notion of unjust enrichment in Part III. Part IV explores two narrower grounds upon which allowances could be justified and concludes that neither dishonesty nor unjust enrichment provides a sound basis for the awarding of an allowance to a breaching fiduciary. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://ojs.unisa.edu.au/index.php/uslr/article/view/1355 10.21913/USLRunisaslr.v2i0.1355 Language A language of the resource eng Publisher An entity responsible for making the resource available University of South Australia Relation A related resource https://ojs.unisa.edu.au/index.php/uslr/article/view/1355/896 Rights Information about rights held in and over the resource Copyright (c) 2016 UniSA Student Law Review Source A related resource from which the described resource is derived University of South Australia Law Review; Vol. 2 (2016): UniSA Student Law Review 2206-1398 Subject The topic of the resource fiduciary dishonesty allowances Title A name given to the resource Allowances And The Search For Justification Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource University of South Australia Law Review Dataset Data encoded in a defined structure. Examples include lists, tables, and databases. A dataset may be useful for direct machine processing. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Arnold, Bronwyn Date A point or period of time associated with an event in the lifecycle of the resource 2016-12-10 Description An account of the resource 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 tainted with dishonesty. There are two different approaches available to the courts when faced with a dishonest fiduciary applying for an allowance. Courts that choose the first approach will rely on Boardman v Phipps and award an allowance that reflects the fiduciary’s conduct. Courts that follow the second approach will ignore the fiduciary’s dishonesty by relying on Warman International Ltd v Dwyer, and will award an allowance to prevent the principal’s unjust enrichment. The availability of the two different approaches has resulted in inconsistent outcomes and confusion in the law. This article explores the justifications for adopting each of the available approaches whenever a dishonest fiduciary applies for an allowance. Part I outlines the progression of the case law since Boardman v Phipps. Part II describes the rationales for adopting each of the approaches to awarding allowances to dishonest fiduciaries. It concludes that the conduct-based approach in Boardman v Phipps should be rejected, and that the unjust enrichment-based approach provided by Warman International Ltd v Dwyer should be adopted by the courts when awarding allowances to defaulting fiduciaries. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://ojs.unisa.edu.au/index.php/uslr/article/view/1354 10.21913/USLRunisaslr.v2i0.1354 Language A language of the resource eng Publisher An entity responsible for making the resource available University of South Australia Relation A related resource https://ojs.unisa.edu.au/index.php/uslr/article/view/1354/897 Rights Information about rights held in and over the resource Copyright (c) 2016 UniSA Student Law Review Source A related resource from which the described resource is derived University of South Australia Law Review; Vol. 2 (2016): UniSA Student Law Review 2206-1398 Subject The topic of the resource fiduciary dishonesty allowance Title A name given to the resource What Shall We Do With The Dishonest Fiduciary? The Unpredictability Of Allowances For Work And Skill Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource University of South Australia Law Review Dataset Data encoded in a defined structure. Examples include lists, tables, and databases. A dataset may be useful for direct machine processing. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Bennett, Theodore Date A point or period of time associated with an event in the lifecycle of the resource 2015-11-24 Description An account of the resource 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 that sex and gender diversity goes beyond transsexualism and explores the need to factor this insight into any future legal developments. It notes that the implications of any change to marriage law could be profound for sex and gender diverse people, and considers how change should best proceed. It concludes that the debates about the fine detail of legal regulation in this area beg the question of whether law should even be in the business of identifying and recording people’s sex/gender in the first place. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://ojs.unisa.edu.au/index.php/uslr/article/view/1264 10.21913/USLRunisaslr.v1i0.1264 Language A language of the resource eng Publisher An entity responsible for making the resource available University of South Australia Relation A related resource https://ojs.unisa.edu.au/index.php/uslr/article/view/1264/830 Source A related resource from which the described resource is derived University of South Australia Law Review; Vol. 1 (2015): UniSA Student Law Review 2206-1398 Title A name given to the resource RESPONSE: SEX & GENDER DIVERSITY, AND THE LIMITATIONS OF LEGAL IDENTIFICATION Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource University of South Australia Law Review Dataset Data encoded in a defined structure. Examples include lists, tables, and databases. A dataset may be useful for direct machine processing. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Crichton, Nick Date A point or period of time associated with an event in the lifecycle of the resource 2015-11-24 Description An account of the resource 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 article begins in Part I by outlining the historical and legislative context of adoption in England and Wales. Part II offers some observations on several different measures available in this jurisdiction aimed at ensuring that the interests of children are protected, including the Special Guardianship Order, which was introduced in 2005. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://ojs.unisa.edu.au/index.php/uslr/article/view/1263 10.21913/USLRunisaslr.v1i0.1263 Language A language of the resource eng Publisher An entity responsible for making the resource available University of South Australia Relation A related resource https://ojs.unisa.edu.au/index.php/uslr/article/view/1263/829 Source A related resource from which the described resource is derived University of South Australia Law Review; Vol. 1 (2015): UniSA Student Law Review 2206-1398 Title A name given to the resource ADOPTION IN ENGLAND AND WALES Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource University of South Australia Law Review Dataset Data encoded in a defined structure. Examples include lists, tables, and databases. A dataset may be useful for direct machine processing. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Bonfili, Leah Date A point or period of time associated with an event in the lifecycle of the resource 2015-11-24 Description An account of the resource 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 care arrangements for children and young people living in out-of-home care in Part II before moving on in Part III to consider the option of widening the choice of care arrangements to better meet their needs. The importance of listening to the voices of children and young people and giving them a say in where they live and how they are cared for is also explored in Part IV. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://ojs.unisa.edu.au/index.php/uslr/article/view/1262 10.21913/USLRunisaslr.v1i0.1262 Language A language of the resource eng Publisher An entity responsible for making the resource available University of South Australia Relation A related resource https://ojs.unisa.edu.au/index.php/uslr/article/view/1262/828 Source A related resource from which the described resource is derived University of South Australia Law Review; Vol. 1 (2015): UniSA Student Law Review 2206-1398 Title A name given to the resource CONTINUING THE CONVERSATION: THE CHOICE BETWEEN ADOPTION AND FOSTER CARE AS CHILD PROTECTION RESPONSES Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource University of South Australia Law Review Dataset Data encoded in a defined structure. Examples include lists, tables, and databases. A dataset may be useful for direct machine processing. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Rundle, Olivia Date A point or period of time associated with an event in the lifecycle of the resource 2015-11-23 Description An account of the resource 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 gender recognition in case law. It argues that there is room for considerable improvement in the understanding that legal decision makers have about the lived experiences of gender independent people. The article begins in Part I by clarifying the distinction between sex and gender and points out that neither concept is binary. Part II explains some persistent problems with the judicial approach to the question of gender identity and tells the stories of the humans behind the cases. It concludes that the pathologised approach to gender independence places unnecessary obstacles in the way of people who could benefit from legal recognition of their gender identity. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://ojs.unisa.edu.au/index.php/uslr/article/view/1261 10.21913/USLRunisaslr.v1i0.1261 Language A language of the resource eng Publisher An entity responsible for making the resource available University of South Australia Relation A related resource https://ojs.unisa.edu.au/index.php/uslr/article/view/1261/826 Source A related resource from which the described resource is derived University of South Australia Law Review; Vol. 1 (2015): UniSA Student Law Review 2206-1398 Title A name given to the resource THE PROBLEMATIC JUDICIAL VIEW OF GENDER DIVERSITY Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource University of South Australia Law Review Dataset Data encoded in a defined structure. Examples include lists, tables, and databases. A dataset may be useful for direct machine processing. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Lehmann, Jennifer Date A point or period of time associated with an event in the lifecycle of the resource 2015-11-23 Description An account of the resource 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 adoption’ is unlikely to result in the best outcomes for all children in need of care. This response is based on the author’s reflections and observations of the delivery of ‘out of home care’ services over many years as a social worker with an interest in child development. It reflects on the simplistic attitudes expressed in the media and by the public in general when children have been removed and are negatively affected by their experiences in care, as well as when they are not removed and have sustained injury or death at the hands of those who are charged with their care. The article argues that the likelihood of achieving optimal outcomes in child protection  is often compromised and concludes that it is time that Australia stepped up to the challenge of establishing creative and innovative options for children in need of care.  Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://ojs.unisa.edu.au/index.php/uslr/article/view/1260 10.21913/USLRunisaslr.v1i0.1260 Language A language of the resource eng Publisher An entity responsible for making the resource available University of South Australia Relation A related resource https://ojs.unisa.edu.au/index.php/uslr/article/view/1260/823 Source A related resource from which the described resource is derived University of South Australia Law Review; Vol. 1 (2015): UniSA Student Law Review 2206-1398 Title A name given to the resource CHILD PROTECTION RESPONSES: NO EASY CHOICES Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource University of South Australia Law Review Dataset Data encoded in a defined structure. Examples include lists, tables, and databases. A dataset may be useful for direct machine processing. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Griggs, Lynden Date A point or period of time associated with an event in the lifecycle of the resource 2015-11-23 Description An account of the resource 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 the difficulties in applying the traditional tests from Nordenfelt v Maxim Nordenfelt Guns and Ammunition Co Ltd  and Adamson v New South Wales Rugby League Ltd to sporting organisations and concludes that ultimately, the discussion of restraint of trade and its applicability to sporting organisations highlights the limits of legal experience, and suggests that only empirical data learnt through the hard lesson of experience will yield the knowledge we need. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://ojs.unisa.edu.au/index.php/uslr/article/view/1259 10.21913/USLRunisaslr.v1i0.1259 Language A language of the resource eng Publisher An entity responsible for making the resource available University of South Australia Relation A related resource https://ojs.unisa.edu.au/index.php/uslr/article/view/1259/822 Source A related resource from which the described resource is derived University of South Australia Law Review; Vol. 1 (2015): UniSA Student Law Review 2206-1398 Title A name given to the resource PROFESSIONAL SPORT, MARKET RESTRICTIONS AND THE NBL’S PLAYER POINTS SYSTEM: A RESPONSE Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion