1 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 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 Arnold, David 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 comments on the article in this volume entitled ‘Is Society Still Shackled with the Chains of a 1993 England?: Consent, Sado-masochism and R v Brown’ by Jordan Moulds. It argues that the defence of consent should not be circumscribed to the extent that it was in Brown for three reasons: the first is based on maintaining the coherence of the law; the second arises from the importance of valuing the liberty of individuals in cases where a statute is vague; and the third is found in the value of autonomy. This comment argues in Part I that the criminal law and tort law should set the same threshold at which consent will no longer afford a defence. Part II draws on the theories of Raz, Fuller and Marmor argues that the liberty of individuals should not be so easily sacrificed where the statute allegedly governing the impugned behaviour is vague; and Part III concludes that the common law position on consent in New Zealand serves as an example of an acceptable balance between the autonomy of the victim and the role that the criminal law has to play in reducing threats to peace and order.  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/1257 10.21913/USLRunisaslr.v1i0.1257 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/1257/820 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 VAGUENESS, AUTONOMY, AND R V BROWN 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 Atkinson, Matthew 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 comments on Vanessa Deverson’s article in this volume entitled ‘Child Abuse and Neglect: Mandatory Reporting and the Legal Profession’ which argues that lawyers should be mandated to report suspected child abuse and neglect. It argues that lawyers should not be required to report suspicions of child abuse or neglect. Part I offers a reflection on Deverson’s argument and Part II offers guidance on how lawyers should proceed in a responsible and ethical manner when confronted with child abuse and neglect. 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/1362 10.21913/USLRunisaslr.v2i0.1362 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/1362/888 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 mandatory reporting child abuse legal profession ethics Title A name given to the resource Why Lawyers Should Not Be Mandated Reporters Of Child Abuse 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 Bagshaw, Ashleigh 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 Developments in Australian law over the last 40 years have allowed transgender persons a greater level of autonomy when it comes to establishing their legal gender. The shift in some jurisdictions from employing a strict biologically-based test for determining gender identity to adopting a multifactorial approach based on a broad range of relevant factors has enabled a greater number of individuals to gain legal recognition of their preferred gender. This article traces the development of a gender identification test at common law. It explores Australian federal and state legislative schemes and draws attention to the inconsistencies between jurisdictions. It also highlights the impact that these statutory variations may have upon transgender individuals. Parts I, II and III discuss the current approach to regulating gender identity at common law and via legislation. Part IV discusses the impact of these laws on transgender people and highlights the need for all Australian jurisdictions to adopt a uniform approach to gender identification. 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/1250 10.21913/USLRunisaslr.v1i0.1250 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/1250/827 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 EXPLORING THE IMPLICATIONS OF GENDER IDENTIFICATION FOR TRANSGENDER PEOPLE UNDER AUSTRALIAN LAW 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 Berg, Chris 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 Peta Spyrou’s article in this volume entitled ‘Civil Liability for Negligence: An Analysis of Cyberbullying Policies in South Australian Schools’. It considers three aspects of the problem: the first focuses on the implications of the fact that  cyberbullying is not a new form of social activity but is rather a new form of bullying; the second explores some of the possible policy and social responses to the problem; and the third draws from the insights of evolutionary economics and underlines the importance of respecting the rights of children both to be protected from bullying as well as to develop their identities. 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/1254 10.21913/USLRunisaslr.v1i0.1254 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/1254/816 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 CYBERBULLYING AND PUBLIC POLICY: AN EVOLUTIONARY PERSPECTIVE 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 Borutz, Olaf 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 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?’. It adopts the position that until such time as the NBL is able to sustain its current format and competition, no change should be made. It also argues that it is unlikely that the courts will in fact hold that the NBL’s Player Points System does amount to a restraint of trade, given its reasonable nature and overall objectives of developing an equal and level playing field for the entire sport. 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/1258 10.21913/USLRunisaslr.v1i0.1258 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/1258/821 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 FUTURE OF THE NBL: REVIEWING THE PLAYER POINTS SYSTEM AND THE OVERALL SUSTAINABILITY OF THE LEAGUE 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 Brand, Seamus PJ 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 The Australian live animal export trade has long been under scrutiny due to repeated public outcries over the animal welfare abuses that are seemingly intrinsic to the trade. This article examines the regulatory regimes of Australia’s international competitors and asks whether Australian authorities should adopt their solutions to the problem of protecting the welfare of animals who are exported live to other nations. The article begins by providing an overview of the current Australian regulatory framework in Part II. Parts III and IV discuss the approaches taken by two of Australia’s international competitors in the animal export trade, New Zealand and Brazil. Part V examines the merits of a proposed international treaty governing animal welfare worldwide and asks whether such an umbrella treaty can create a more focused global standard for both live animal export and import nations. It concludes that Australia must follow the lead of Brazil and New Zealand by crafting a new regime that protects the welfare of export animals, while simultaneously sponsoring the creation of a multilateral animal welfare treaty. 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/1244 10.21913/USLRunisaslr.v1i0.1244 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/1244/803 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 AUSTRALIAN LIVE ANIMAL EXPORT: A COMPARATIVE EXAMINATION OF VIABLE ALTERNATIVES 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 Caruso, David 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 comment responds to Vanessa Deverson’s article titled ‘Child Abuse and Neglect: Mandatory Reporting and the Legal Profession’ and examines whether it is desirable for lawyers to be required to report child abuse and neglect that may be revealed by their clients. The comment begins by articulating the role of the legal profession, and explains how it differs from other professions. Part I explains that an obligation to report child abuse would fundamentally change the role of the legal profession in defending or asserting the rights, liberties and liabilities of their clients. Part II argues that even if mandatory reporting were to be brought in, it would be unlikely achieve its intended purpose because it would create suspicion towards the legal profession and undermine its role. The final Part discusses current South Australian draft legislation aimed at protecting children and argues that this may be a more appropriate route. The comment concludes that current Northern Territory reporting laws do not belong in a legal system that depends on clients having confidence in their lawyers. 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/1363 10.21913/USLRunisaslr.v2i0.1363 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/1363/887 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 mandatory reporting child abuse ethics confidence Title A name given to the resource Response to Vanessa Deverson On 'Child Abuse And Neglect: Mandatory Reporting And The Legal Profession' Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion