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…
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…
This comment responds to Alyse Dickson’s article in this volume titled ‘Revenge Porn: A Victim Focused Response’. It summarises the difficulty that Australian law has encountered in keeping up with evolving behaviours with emergent digital…
The complex contemporary issue of revenge pornography has attracted extensive media, law reform and academic commentary and concern, especially as to the perceived failures of both the civil and criminal law to keep up to date with social and…
This comment is a response to Alyse Dickson’s article in this volume entitled ‘Revenge Porn: A Victim Focused Response’. Part I considers the challenges that ‘revenge pornography’ raises and considers the difficulties of controlling aberrant…
Child abuse and neglect affects approximately 42 500 children in Australia each year. Parliaments in all Australian states and territories have introduced mandatory reporting into child protection legislation to protect vulnerable children by…
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…
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…
