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 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…
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…
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…
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…
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…
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 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?’.…
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…
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…
