51 10 3575 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 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 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 Leader-Elliott, Ian 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 provides a response to 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 takes issue with the primary article’s claims that consensual infliction of pain and physical harm is now acceptable and may even possess some social value as recreation. It offers three reflections on the topic of criminal liability for consensual harms. The first has to do with the absence of principle in the South Australian legislative developments. The second casts doubt on the cogency of the primary article’s enquiries into the social utility or benefit of sadomasochism. The third draws attention to another peculiarity of South Australian criminal law, which arises because of the fact that the CLCA offences against the person do not include an offence of causing harm by negligence. 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/1256 10.21913/USLRunisaslr.v1i0.1256 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/1256/819 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 SADOMASOCHISTS UNSHACKLED? Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion