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Journal articles on the topic 'Divorce Law and legislation South Australia'

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Published: 4 June 2021

Last updated: 1 February 2022

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1

Storm, Ansia, and Katrina Coetzee. "Towards Improving South Africa's Legislation On Tax Evasion: A Comparison Of Legislation On Tax Evasion Of The USA, UK, Australia And South Africa." Journal of Applied Business Research (JABR) 34, no. 1 (December 29, 2017): 151–68. http://dx.doi.org/10.19030/jabr.v34i1.10106.

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The fight against tax evasion in South Africa is an ongoing battle. The tools available to law enforcement boil down to legislation and the enforcement thereof. The purpose of the study that was done for this article was to compare available legislation of the United States of America, United Kingdom, Australia and South Africa to determine if South Africa’s legislation can be improved. This was done by studying the relevant literature and legislation of all four countries. The findings, that there is some clauses that can be added to improve South Africa’s legislation, were confirmed by analy

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Brown, Thea, Alison Lundgren, Lisa-Maree Stevens, and Jennifer Boadle. "Shared parenting and parental involvement in children's schooling following separation and divorce." Children Australia 35, no. 1 (2010): 7–13. http://dx.doi.org/10.1017/s1035077200000912.

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Although the new family law legislation, the Family Law (Shared Parental Responsibility) Amendment Act of 2006, seeks to implement the notion of ongoing and collaborative parenting of children following parental partnership breakdown, separation and divorce, institutional obstacles still prevent the realisation of this policy. The question then arises: can such a model of separation and divorce be achieved? This question is examined through a discussion of a series of studies undertaken by a Monash University research team investigating parents' involvement in their children's schooling follow

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McDonald, Margaret. "Developments in Adoption Information Legislation in Australia." Adoption & Fostering 16, no. 3 (October 1992): 38–42. http://dx.doi.org/10.1177/030857599201600311.

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The year 1990 saw the enactment of adoption information legislation in Queensland (May 1990) and New South Wales (October 1990), the last of the Australian states to grant rights of access to information. Queensland, sometimes referred to as ‘the deep north’, is customarily seen as the most conservative of the states, so there was considerable surprise that such legislation should have passed through the Queensland Parliament unimpeded, with acclaim from all parties. Margaret McDonald reports.

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Rawling, Michael, and Eugene Schofield-Georgeson. "Industrial legislation in Australia in 2018." Journal of Industrial Relations 61, no. 3 (May 1, 2019): 402–20. http://dx.doi.org/10.1177/0022185619834058.

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It has been a quiet year like last year for the passing of federal industrial legislation (due to a number of factors, including the political turmoil of the federal coalition government and their lack of an overall labour law reform agenda). This article examines key federal industrial legislative developments including the Modern Slavery Act 2018 (Cth). The article identifies that the federal Act contains much weaker compliance measures than the counterpart New South Wales legislation also passed in 2018 – the Modern Slavery Act 2018 (NSW). Also, although the Coalition government has attempt

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Forsyth, Anthony. "Industrial legislation in Australia in 2016." Journal of Industrial Relations 59, no. 3 (May 22, 2017): 323–39. http://dx.doi.org/10.1177/0022185617693876.

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After three years of trying, the Coalition Government finally succeeded in obtaining passage of several key workplace reform statutes in 2016. This followed the outcome of the federal election held on 2 July, delivering the Government a differently composed Senate and a new opportunity to secure support for its legislative program. This review article explains key aspects of the industrial legislation passed by federal Parliament in 2016, including statutes abolishing the specialist road transport industry tribunal, re-establishing the Howard-era regulator for the construction industry, and se

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Sumner, C. J. "Taking Account of the Victim in Sentencing in South Australia." International Review of Victimology 3, no. 1-2 (January 1994): 111–19. http://dx.doi.org/10.1177/026975809400300208.

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South Australia's practical measures to give effect to the spirit and letter of the 1985 UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power have meant changes to legislation and to legal procedures. This extract from a previously given Paper on these changes concentrates on the principles of Anglo-Australian law adopted by Courts in Australia in sentencing offenders, and in particular deals with the relevance of the victim in sentencing.

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Williams, Peter John, and Angelique Mary Williams. "Sustainability and planning law in Australia: achievements and challenges." International Journal of Law in the Built Environment 8, no. 3 (October 10, 2016): 226–42. http://dx.doi.org/10.1108/ijlbe-06-2016-0008.

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Purpose Since 1992, all levels of government in Australia have pursued a policy of ecologically sustainable development (ESD). Crafted in response to the World Commission on Environment and Development 1987 report Our Common Future (the Brundtland Report), the principles contained in the Australian Government’s National Strategy for Ecologically Sustainable Development have been progressively implemented at the national, state and local levels of government. The purpose of this paper is not only to track the implementation of these principles, through both policy and law in Australia, but also

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Tredoux, Liezel G., and Kathleen Van der Linde. "The Taxation of Company Distributions in Respect of Hybrid Instruments in South Africa: Lessons from Australia and Canada." Potchefstroom Electronic Law Journal 24 (January 12, 2021): 1–36. http://dx.doi.org/10.17159/1727-3781/2021/v24i0a6781.

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Tax legislation traditionally distinguishes between returns on investment paid on equity and debt instruments. In the main, returns on debt instruments (interest payments) are deductible for the paying company, while distributions on equity instruments (dividends) are not. This difference in taxation can be exploited using hybrid instruments and often leads to a debt bias in investment patterns. South Africa, Australia and Canada have specific rules designed to prevent the circumvention of tax liability when company distributions are made in respect of hybrid instruments. In principle, Austral

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Skead, Natalie, Tamara Tulich, Sarah Murray, and Hilde Tubex. "Reforming proceeds of crime legislation: Political reality or pipedream?" Alternative Law Journal 44, no. 3 (March 6, 2019): 176–81. http://dx.doi.org/10.1177/1037969x19831100.

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In recent decades, Australian states and territories have introduced a raft of legislation aimed at stripping those involved in criminal activity of their ill-gotten gains. However, in doing so, this far-reaching legislation has the potential to undermine legal principles and protections. We recently completed a study into proceeds of crime legislation in Western Australia, New South Wales and Queensland. From our findings it is clear that Western Australia’s legislation is the most far-reaching and potentially the most inequitable. In this article, we provide a critique of Western Australia's

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O’Donovan, Siobhan, Corinna van den Heuvel, Matthew Baldock, and Roger W. Byard. "Childhood cycling fatalities in South Australia before and after the introduction of helmet legislation." Medicine, Science and the Law 60, no. 3 (April 23, 2020): 196–99. http://dx.doi.org/10.1177/0025802420918036.

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In the years following the introduction of legislation in Australian states mandating the wearing of helmets, there was a decline in the number of deaths. Debate has occurred, however, as to why this occurred. The Traffic Accident Reporting System database, which records data for all police-reported crashes in South Australia, was searched for all cases of deaths occurring in the state in bicycle riders aged ≤14 years from January 1982 to December 2001. The numbers of deaths were then compared over the 10-year periods before (1982–1991) and after (1992–2001) the introduction of helmet legislat

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De, Rohit. "Mumtaz Bibi's broken heart." Indian Economic & Social History Review 46, no. 1 (January 2009): 105–30. http://dx.doi.org/10.1177/001946460804600106.

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This article investigates the formation of a political consensus between conservative ulama, Muslim reformers, nationalist politicians and women's organisations, which led to the enactment of the Dissolution of Muslim Marriages Act in 1939. The Act was a radical piece of social legislation that gave South Asian Muslim women greater rights for divorce than those enjoyed by other women in India and Britain. Instead of placing women's rights and Islamic law as opposed to each other, the legislation employed a heuristic that guaranteed women's rights by applying Islamic law, allowing Muslim politi

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Pardy, Maree, Juliet Rogers, and Nan Seuffert. "Perversion and Perpetration in Female Genital Mutilation Law: The Unmaking of Women as Bearers of Law." Social & Legal Studies 29, no. 2 (July 23, 2019): 273–93. http://dx.doi.org/10.1177/0964663919856681.

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Female genital cutting (FGC) or, more controversially, female genital mutilation, has motivated the implementation of legislation in many English-speaking countries, the product of emotive images and arguments that obscure the realities of the practices of FGC and the complexity of the role of the practitioner. In Australia, state and territory legislation was followed, in 2015, with a conviction in New South Wales highlighting the problem with laws that speak to fantasies of ‘mutilation’. This article analyses the positioning of Islamic women as victims of their culture, represented as perfor

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Mitchell, Bruce, Kathryn Bellette, and Stacey Richardson. "Natural resources management in South Australia – regional and collaborative approaches." Water Policy 17, no. 4 (October 28, 2014): 630–48. http://dx.doi.org/10.2166/wp.2014.153.

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Experiences with three approaches intended to achieve increasing levels of regional and collaborative engagement – Ministerial water advisory committees, Catchment Water Management Boards and Natural Resources Management Boards – are examined over the period from the 1970s to early 2014. Attention focuses on two tensions: (1) whether to have a system-wide or regional focus and (2) whether to pursue extensive consultation and seek consensus, or have government agencies limit consultation and take decisions in a timely manner, knowing that winners and losers will emerge. Supporting legislation,

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McNamara, Luke. "Research Report: A Profile of Racial Vilification Complaints Lodged with the new South Wales Anti-Discrimination Board." International Journal of Discrimination and the Law 2, no. 4 (September 1997): 349–78. http://dx.doi.org/10.1177/135822919700200406.

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In 1989 New South Wales became the first State in Australia to legislate against racial vilification. The introduction of this legislation, and discussion of similar provisions in other jurisdictions, rekindled debates about the legitimacy of legal limits on hate speech. However, little is known about the practical operation of antivilification laws. This report presents the results of a survey of more than 160 racial vilification complaints handled by the New South Wales Anti-Discrimination Board from 1993 to 1995. The profile of the legislation in practice presented here provides a valuable

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Butterly, Lauren, and Lucas Lixinski. "Aboriginal Cultural Heritage Reform in Australia and the Dilemmas of Power." International Journal of Cultural Property 27, no. 1 (February 2020): 125–49. http://dx.doi.org/10.1017/s0940739120000028.

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AbstractThe last decade or so has seen a fundamental shift in Aboriginal cultural heritage law in Australia. A number of subnational jurisdictions in Australia have undergone major reforms to their Aboriginal heritage legislation. Other subnational jurisdictions are currently in the reform process or have promised reform in coming years. We use the latest (and, at the time of writing, ongoing) process to reform Aboriginal heritage legislation in the state of New South Wales (NSW) to explore some of the legal issues and themes emanating from the Australian experience. The NSW example is a usefu

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Kilian, Neels. "Differences between Members and Shareholders of a Friendly Society and the Payment of Dividends: A South African–Australian Perspective." Potchefstroom Electronic Law Journal 24 (June 18, 2021): 1–32. http://dx.doi.org/10.17159/1727-3781/2021/v24i0a10733.

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This article focusses on a very specific problem statement, namely how shareholder society relationships are viewed in Australia and South Africa. Friendly societies are special "legal creatures" enjoying legal personality from the date and time of their registration (not as companies). In South Africa friendly societies have been in existence for more than 160 years, with the latest legislation being promulgated in 1956. As an unregistered company, the friendly society forms part of the South African business enterprise landscape and has both members and shareholders. The legal relationships

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Fine, J. David. "Issues in firearms control: a critique of the 1985 New South Wales legislation." Australian & New Zealand Journal of Criminology 18, no. 4 (December 1985): 257–71. http://dx.doi.org/10.1177/000486588501800406.

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New South Wales recently has adopted significant amendments to its firearms control laws. In so doing it has evinced certain fundamental policy choices. These relate to matters including gun registration and the licensing of gun owners; controls on ammunition; the appropriate locus of discretion in firearms control matters; the appropriate controls for especially dangerous types of firearms; the situation of primary producers; reciprocity in firearms licensing within Australia; and the collection of historically significant firearms. This article identifies the policy preferences implicit in t

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Sutton, Adam, and Rick Sarre. "Monitoring the South Australian Cannabis Expiation Notice Initiative." Journal of Drug Issues 22, no. 3 (July 1992): 579–90. http://dx.doi.org/10.1177/002204269202200309.

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In 1987, a Labor government in South Australia made widespread changes to laws concerning possession and use of small amounts of cannabis. At the time of the introduction of the new legislation, because of not inconsiderable media and other attention being paid to law enforcement data on the controversial “on-the-spot” scheme, the government gave an undertaking that the new approach would be monitored and results published Despite problems with the lack of long-term survey data on patterns and trends of drug consumption in Australia, and the fact that only limited research resources were avail

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DAWES, LAURA L. "‘Just a Quack Who Can Cure Cancer’: John Braund, and Regulating Cancer Treatment in New South Wales, Australia." Medical History 57, no. 2 (March 21, 2013): 206–25. http://dx.doi.org/10.1017/mdh.2012.103.

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AbstractIn 1948 the New South Wales government instituted an inquiry into the claims of John Braund – a 78-year-old self-described ‘quack’ – that his secret treatment had cured 317 cancer sufferers. The ‘Braund controversy’, as it became known, was one of Australia’s most prominent cases of medical fraud. This paper examines that controversy and its effects on cancer philanthropy, medical research, and especially on legislation regulating treatment providers up to the present. With the Braund controversy in mind, the New South Wales (NSW) parliament struggled to develop legislation that would

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Walter, Scott R., Jake Olivier, Tim Churches, and Raphael Grzebieta. "The impact of compulsory cycle helmet legislation on cyclist head injuries in New South Wales, Australia." Accident Analysis & Prevention 43, no. 6 (November 2011): 2064–71. http://dx.doi.org/10.1016/j.aap.2011.05.029.

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Nwafor, Anthony O. "The goal(s) of corporate rescue in company law: A comparative analysis." Corporate Board role duties and composition 13, no. 2 (2017): 20–31. http://dx.doi.org/10.22495/cbv13i2art2.

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The concept of corporate rescue lays emphasis on corporate sustainability than liquidation. This trend in corporate legislation which featured in the United Kingdom Insolvency Act of 1986, Australian Corporations Act 2001, Indian Sick Industrial Companies (Special Provisions) Act of 1985 (as replaced by Companies Act, 2013 and supplanted by the Insolvency and Bankruptcy Code, 2016) has been adopted in the South African Companies Act of 2008. The goal(s) of corporate rescue in some of these jurisdictions are not clearly defined. The paper examines, through a comparative analysis, the relevant s

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Mohr, Thomas. "“The Statute of Westminster, 1931: An Irish Perspective”." Law and History Review 31, no. 4 (October 24, 2013): 749–91. http://dx.doi.org/10.1017/s073824801300045x.

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The enactment of the Statute of Westminster in 1931 represents one of the most significant events in the history of the British Empire. The very name of this historic piece of legislation, with its medieval antecedents, epitomizes a sense of enduring grandeur and dignity. The Statute of Westminster recognized significant advances in the evolution of the self-governing Dominions into fully sovereign states. The term “Dominion” was initially adopted in relation to Canada, but was extended in 1907 to refer to all self-governing colonies of white settlement that had been evolving in the direction

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Lingard, Kylie, Natalie P. Stoianoff, Evana Wright, and Sarah Wright. "Are we there yet? A review of proposed Aboriginal cultural heritage laws in New South Wales, Australia." International Journal of Cultural Property 28, no. 1 (February 2021): 107–35. http://dx.doi.org/10.1017/s0940739120000284.

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AbstractThis article examines the extent to which a recent law reform initiative in New South Wales (NSW), Australia—the draft Aboriginal Cultural Heritage Bill 2018 (NSW)—advances the general principles outlined in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). The examination reveals some improvements on the current legal framework and some concerning proposals that distance the NSW government from the UNDRIP principles. Key concerns include a proposed transfer of administrative responsibility to Aboriginal bodies with no corresponding guarantee of funding; the

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Nombulelo Queen Mabeka and Rushiella Songca. "An Overview of Statutes Relating to Civil Procedure in South Africa in Light of the Changes in Technology." Obiter 41, no. 4 (March 24, 2021): 685–703. http://dx.doi.org/10.17159/obiter.v41i4.10476.

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E-technology has fast become an acceptable and convenient method of communication and a prerequisite of business transactions globally. South Africa is no exception to the trend. While technological progress has facilitated rapid change in the way humans communicate and transact, South African law has not kept abreast of the swift transformation and growth in this sector. This lacuna is especially evident in the South African law of civil procedure, which regulates the civil process in South African courts. Although subject to regular amendment, it appears prima facie not to embrace advances i

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Jamil Ddamulira Mujuzi. "Electricity Theft in South Africa: Examining the Need to Clarify the Offence and Pursue Private Prosecution?" Obiter 41, no. 1 (April 1, 2020): 78–87. http://dx.doi.org/10.17159/obiter.v41i1.10549.

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Electricity theft is one of the challenges with which South African government-owned power-distribution company Eskom is grappling. Eskom has lost billions of rands in annual revenue owing to electricity theft. Different strategies are in place to combat electricity theft. However, in South Africa, electricity theft is not a statutory offence. This contrasts with the approach adopted in countries such as China, Canada, India, Australia and New Zealand, where legislation provides for such an offence. Although electricity theft is not a statutory offence, prosecutors would like electricity thiev

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Verdun-Jones, Simon N. "The dawn of a “New Legalism” in Australia? the new South Wales mental health act, 1983 and related legislation." International Journal of Law and Psychiatry 8, no. 1 (January 1986): 95–118. http://dx.doi.org/10.1016/0160-2527(86)90086-5.

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Windapo, Abimbola Olukemi, and Jack Steven Goulding. "Understanding the gap between green building practice and legislation requirements in South Africa." Smart and Sustainable Built Environment 4, no. 1 (May 18, 2015): 67–96. http://dx.doi.org/10.1108/sasbe-01-2014-0002.

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Purpose – The purpose of this paper is to examine green building legislation requirements and practices in the construction project execution stage within the context of the South African construction industry. The rationale for this examination rests with the perception that the implementation of green practices (per se) has been recognised as being “behind” the legislation enacted to control the design and construction of green buildings. Design/methodology/approach – The research process consisted of a literature review to identify existing green building legislation and practices applicabl

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Cheng, Kylie, Anne Wand, Christopher Ryan, and Sascha Callaghan. "An algorithm for managing adults who refuse medical treatment in New South Wales." Australasian Psychiatry 26, no. 5 (February 15, 2018): 464–68. http://dx.doi.org/10.1177/1039856218758565.

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Objectives: The assessment and management of a patient who refuses medical treatment requires clinical skill, and consideration of the relevant law and the patient’s decision-making capacity. Psychiatrists are often asked to advise in these situations. We aimed to develop an algorithm describing the relevant legal pathways to assist clinicians, especially psychiatrists, working in New South Wales (NSW), Australia. Methods: We reviewed the academic literature on treatment refusal, relevant legislation, judicial rulings and NSW Health policy directives and guidelines. We consulted with clinician

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Mann, Susan. "Adoptive Parents a Practice Perspective." Adoption & Fostering 22, no. 3 (October 1998): 42–52. http://dx.doi.org/10.1177/030857599802200307.

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The advent of changing adoption legislation, policy and practice is impacting on all people touched by the adoption experience. Open adoption is now considered to be best practice. In South Australia adoption legislation was changed in 1988. All adoption records were made available retrospectively to adopted people and birth parents unless a five-year veto was placed by either the birth parent or adopted person requesting no contact with the ‘seeker’. As a consequence to these changes, the role of adoptive parents has changed considerably. This change has not been adequately planned for and ad

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Muhindi, Ikoha. "Occupational Safety and Health of Coal Mine Workers in Kenya: Filling the Lacuna in the Law." Strathmore Law Review 1, no. 2 (June 1, 2016): 119–39. http://dx.doi.org/10.52907/slr.v1i2.79.

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Mining is essential in the economic development of any country endowed with mineral resources. In Kenya, for instance, one block of coal in the Mui Basin has enough coal to bring in KES. 3.4 trillion into the economy. However, disasters such as the Monongah disaster in a coal mine in the United States have resulted in the loss of lives of numerous workers. It is therefore important to ensure the enactment of legislation safeguarding these workers. This article seeks to assess the extent to which the Occupation Safety and Health Act safeguards these concerns in Kenya. It also undertakes a brief

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Cassidy, Julie. "Hollow Avowals of Human Rights Protection - Time for an Australian Federal Bill of Rights?" Deakin Law Review 13, no. 2 (December 1, 2008): 131. http://dx.doi.org/10.21153/dlr2008vol13no2art162.

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<p>Unlike the constitutions of many nations, such as the United States of America and the Republic of South Africa, the constitutions of the Australian States and Territories and the Commonwealth Constitution Act 1901 (UK) contain no bill of rights. Australia is the only western democracy without a federal bill of rights. The debate regarding the need for a bill of rights necessitates an understanding of what human rights the people of Australia already enjoy. If sufficient protection can be found in existing sources, does Australia really need a federal bill of rights? Opponents of a bi

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Kilian, Neels. "A South African–Australian Perspective on the Legal Implications Related to being “Entitled to Serve” as a Director." Potchefstroom Electronic Law Journal 23 (July 23, 2020): 1–27. http://dx.doi.org/10.17159/1727-3781/2020/v23i0a8174.

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This article focuses on an Australian piece of legislation and interesting case law, as well as how the Federal Court of Australia has applied Australia’s Corporations Act 2001, to characterise a person as a de facto director – that is, as a professed director whose appointment as such was defective. In this regard, the decisions of that Court will, as envisaged in the Constitution of the Republic of South Africa 1996, constitute persuasive authority. The Australian decision to be discussed in this article is significant in that the South African Companies Act 71 of 2008 does not contain subst

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Moore, R. K., and R. M. Willcocks. "SOME COMMERCIAL ASPECTS OF PETROLEUM EXPLORATION AND MINING." APPEA Journal 25, no. 1 (1985): 143. http://dx.doi.org/10.1071/aj84014.

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The petroleum industry in Australia is at the centre of a web of complex laws. In addition to the legislation under which petroleum exploration and production tenements are granted there is a multiplicity of statutes and regulations, Commonwealth and State, which have a direct bearing on the conduct of those involved in exploring for or exploiting Australia's petroleum reserves. For example, the level of participation by foreigners is governed by the Commonwealth Foreign Investment Guidelines and the Foreign Takeovers Act 1975; the Commonwealth has control over the export of petroleum under th

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Moore, Cameron Alastair, and Caroline Gross. "Great Big Hairy Bees! Regulating the European Bumblebee, Bombus Terrestris L. What does it say about the Precautionary Principle?" International Journal of Rural Law and Policy, no. 1 (June 2, 2012): 1–19. http://dx.doi.org/10.5130/ijrlp.i1.2012.2627.

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The previous Commonwealth Minister for the Environment, Mr Garrett, recently rejected a request to allow the importation of live bumblebees (Bombus terrestris L.) to mainland Australia. New South Wales and Victoria had already listed the introduction of bumblebees as, respectively, a key threatening process and a potentially threatening process. The Commonwealth, however, had previously declined an application to list the introduction of bumblebees as a key threatening process, although its Threatened Species Scientific Committee urged ‘that extreme caution be shown in considering any proposal

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Griffiths, Rosalyn A., Pierre J. V. Beumont, Janice Russell, Stephen W. Touyz, and Gemma Moore. "The Use of Guardianship Legislation for Anorexia Nervosa: A Report of 15 Cases." Australian & New Zealand Journal of Psychiatry 31, no. 4 (August 1997): 525–31. http://dx.doi.org/10.3109/00048679709065074.

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Objective: This paper investigates compulsory treatment under guardianship legislation for 15 anorexia nervosa patients admitted to four eating disorders units in New South Wales (NSW), Australia, between 1991 and 1994. Method: A retrospective follow-up was conducted. This involved an analysis of sociodemographic, clinical, eating and weight history, and Guardianship Order details obtained from medical records. This small sample was compared to a larger sample of anorexia nervosa patients admitted voluntarily to a specialised eating disorder unit in NSW. Further follow-up included a structured

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Steynberg, L. "Re-partnering as a Contingency Deduction in Claims for Loss of Support Comparing South African and Australian Law." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 10, no. 3 (July 4, 2017): 121. http://dx.doi.org/10.17159/1727-3781/2007/v10i3a2802.

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In a claim for loss of support by the spouse of the deceased breadwinner, the claim will be influenced by the probable remarriage of the surviving spouse. In light of the recent extension of the traditional concept of family and ‘husband and wife’, the wider term ‘re-partnering’ is suggested, instead of remarriage. If the widow has already entered into a new relationship during the course of the trial, it is taken into account as a proven fact and not as a contingency, according to the theory on compensating advantages. The right to a claim for loss of support is not automatically lost due to

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Deacon, HJ, and PQ Cilliers. "DIE IMPAK EN GRONDWETLIKHEID VAN DIE REG OM TE STAAK MET BETREKKING TOT NOODSAAKLIKE DIENSTE – 'N VERGELYKENDE STUDIE." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 12, no. 2 (June 26, 2017): 97. http://dx.doi.org/10.17159/1727-3781/2009/v12i2a2728.

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This article critically considers the application of and necessity for the right to strike, especially regarding employees that are employed in an essential service. The South African position is examined and compared to other countries around the world, but the focus is mainly on the United Kingdom.The article shows that South Africa's current labour legislation (especially regarding essential services) is in theory good, but that it is applied and enforced poorly in spite of the provisions contained in the Labour Relations Act and the Constitution of the Republic of South Africa 1996. This b

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Blajer, Paweł. "‘DEEDS RECORDATION’ ‘TITLE REGISTRATION’. ROZWIąZANIA MODELOWE W ZAKRESIE REJESTRóW NIERUCHOMOŚCI W SYSTEMIE ‘COMMON LAW’." Zeszyty Prawnicze 13, no. 4 (December 11, 2016): 53. http://dx.doi.org/10.21697/zp.2013.13.4.03.

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DEEDS REGISTRATION AND TITLE REGISTRATION: MODEL SOLUTIONS CONCERNING LAND REGISTRIES IN THE COMMON LAW SYSTEMSummary The aim of this article is to present the two main land registration models in the common law countries, i.e. deeds recordation and title registration, taking into account the broader historical perspective indicating their origins, evolution and developments, as well as the current state of legal regulations in the field of registration of interest in land. The system of deeds recordation is characterized on the basis of regulations adopted in the vast majority of the US state

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De Jong, M. "Arbitration of family separation issues – a useful adjunct to mediation and the court process." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, no. 6 (November 14, 2014): 2356. http://dx.doi.org/10.4314/pelj.v17i6.04.

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For over half a century now, section 2(a) of the Arbitration Act 42 of 1965 has prohibited arbitration in respect of matrimonial and related matters. In this article it will be illustrated that this prohibition is clearly incompatible with present-day demands. Today there is a strong tendency in public policy towards alternative dispute resolution processes such as arbitration. As any recommendations that arbitration should be applied to family law disputes must be anchored in an analysis of the specific character of the arbitral remedy, the article begins by giving a broad overview of the nat

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Kelly, Andrew H., Jasper Brown, and Aaron Strickland. "Local government and coastal damage: confusion, potential and dreams." Journal of Property, Planning and Environmental Law 12, no. 1 (July 1, 2019): 1–18. http://dx.doi.org/10.1108/jppel-10-2018-0032.

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Purpose This paper aims to not only disentangle the recently altered law and policy on coastal management in New South Wales (NSW), Australia, but also raise opportunities for fresh ideas to develop when dealing with both existing and future coastal damage. The focus is on the role of local government which is not only closer to concerned citizens but also faces costal damage on its own doorstep. Design/methodology/approach The paper explores the topic from the beginnings of relevant statutory law to the current situation, supported by a case study. It is transdisciplinary in nature, encompass

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Bidie, Simphiwe. "Director's Duty to Act for a Proper Purpose in the Context of Distribution under the Companies Act 71 of 2008." Potchefstroom Electronic Law Journal 22 (September 19, 2019): 1–45. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a4221.

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This paper seeks to critically analyse the requirements of the duty imposed on directors to act for a proper purpose as provided in section 76(3)(a) of the 2008 Act (Companies Act 71 of 2008) whenever they distribute company money and/or property. This analysis is conducted with the obligations imposed under sections 4 and 46 of the 2008 Act in mind. The purpose is not to question the inclusion of this duty in the 2008 Act. It is simply to question whether the common law interpretation of the duty still suffices in the face of section 76(3) of the 2008 Act, which seems to suggest that a differ

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Piersanti, Valeria, Francesca Consalvo, Fabrizio Signore, Alessandro Del Rio, and Simona Zaami. "Surrogacy and “Procreative Tourism”. What Does the Future Hold from the Ethical and Legal Perspectives?" Medicina 57, no. 1 (January 8, 2021): 47. http://dx.doi.org/10.3390/medicina57010047.

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Background and objectives: To explore the ethical and legal complexities arising from the controversial issue of surrogacy, particularly in terms of how they affect fundamental rights of children and parents. Surrogacy is a form of medically-assisted procreation (MAP) in which a woman “lends” her uterus to carry out a pregnancy on behalf of a third party. There are pathological conditions, such as uterine agenesis or hysterectomy outcomes, that may prevent prospective mothers from becoming pregnant or carry a pregnancy to term; such patients may consider finding a surrogate mother. Many issues

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Piersanti, Valeria, Francesca Consalvo, Fabrizio Signore, Alessandro Del Rio, and Simona Zaami. "Surrogacy and “Procreative Tourism”. What Does the Future Hold from the Ethical and Legal Perspectives?" Medicina 57, no. 1 (January 8, 2021): 47. http://dx.doi.org/10.3390/medicina57010047.

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Background and objectives: To explore the ethical and legal complexities arising from the controversial issue of surrogacy, particularly in terms of how they affect fundamental rights of children and parents. Surrogacy is a form of medically-assisted procreation (MAP) in which a woman “lends” her uterus to carry out a pregnancy on behalf of a third party. There are pathological conditions, such as uterine agenesis or hysterectomy outcomes, that may prevent prospective mothers from becoming pregnant or carry a pregnancy to term; such patients may consider finding a surrogate mother. Many issues

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Handika, Sandhy, Muhammad Ibnu Fajar Rahim, and Rudi Pradisetia Sudirdja. "Virtual Court Policy For Criminal Justice on Corona Virus Disease Pandemic." Substantive Justice International Journal of Law 3, no. 1 (May 5, 2020): 74. http://dx.doi.org/10.33096/sjijl.v3i1.67.

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The Corona Virus Disease (COVID-19) pandemic that has plagued the world has changed the mindset, how to behave and how to act, not only in social interaction but also has influenced the law enforcement system. Development in Information Technology (IT) has found a teleconference system as a means of conducting virtual courts as a reaction to social or physical distancing movements which is one way to prevent the spread of COVID-19. Although in practice the use of a virtual court in a trial is considered capable of preventing the spread of viruses, the use of a virtual court must keep be based

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Seal, Marion. "Health advance directives, policy and clinical practice: a perspective on the synergy of an effective advance care planning framework." Australian Health Review 34, no. 1 (2010): 80. http://dx.doi.org/10.1071/ah09784.

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The delivery of quality care at the end of life should be seamless across all health care settings and independent from variables such as institutional largeness, charismatic leadership, funding sources and blind luck … People have come to fear the prospect of a technologically protracted death or abandonment with untreated emotional and physical stress. (Field and Castle cited in Fins et al., p. 1–2). 1 Australians are entitled to plan in advance the medical treatments they would allow in the event of incapacity using advance directives (ADs). A critical role of ADs is protecting people from

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Rautenbach, Christa. "Editorial." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 18, no. 2 (March 31, 2016). http://dx.doi.org/10.17159/1727-3781/2015/v18i2a495.

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This issue of PER consists of 11 articles and one case note dealing with a wide range of topics in the global legal landscape. Monray Botha analyses the responsibility of South African companies towards their employees for achieving social justice in the corporate world. Fawzia Cassim examines how identity thieves use the personal information of individuals to commit identity fraud and theft, and looks at legislative solutions introduced in South Africa, the United States of America, the United Kingdom and India to combat identity theft crimes. Howard Chitimira discusses the regulation of mark

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Baird, Barbara. "Before the Bride Really Wore Pink." M/C Journal 15, no. 6 (November 28, 2012). http://dx.doi.org/10.5204/mcj.584.

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Introduction For some time now there has been a strong critical framework that identifies a significant shift in the politics of homosexuality in the Anglo-oriented West over the last fifteen to twenty years. In this article I draw on this framework to describe the current moment in the Australian cultural politics of homosexuality. I focus on the issue of same-sex marriage as a key indicator of the currently emerging era. I then turn to two Australian texts about marriage that were produced in “the period before” this time, with the aim of recovering what has been partially lost from current

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Marita Carnelley and Juanita Easthorpe. "JUDICIAL DISCRETION IN THE DETERMINATION OF POST-DIVORCE CHILD SUPPORT: A BRIEF OVERVIEW OF THE APPLICATION OF THE SOUTH AFRICAN MAINTENANCE ACT 99 OF 1998 AS COMPARED TO THE CANADIAN FEDERAL CHILD SUPPORT GUIDELINES OF 1997." Obiter 30, no. 2 (September 23, 2021). http://dx.doi.org/10.17159/obiter.v30i2.12437.

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There are various models for determining and allocating child support obligations post-divorce and many different principles upon which such a policy can be based. In most legal systems the parents retain the duty to support their needy children after divorce as it is primarily their obligation to ensure the adequate financial welfare of their children. This principle is applicable in both the South African and Canadian legal systems. In South Africa, in terms of both the common law and legislation, both parents must maintain their children “according to their respective means”. The awarding o

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Marks, Amber. "Drug Detection Dogs and the Growth of Olfactory Surveillance: Beyond the Rule of Law?" Surveillance & Society 4, no. 3 (September 1, 2002). http://dx.doi.org/10.24908/ss.v4i3.3450.

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Since the introduction of the Human Rights Act 1998 in the United Kingdom, a significant expansion in the use of drug detection dogs, the most common tool of olfactory surveillance, has taken place with relatively little debate, without specific legislative authority and in the absence of a code of practice. In contrast, the use of the dogs in New South Wales, Australia and in the United States has been the subject of Supreme Court decisions, and in New South Wales, of parliamentary legislation and an independent review by the New South Wales Ombudsman. This paper will argue that the difficult

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Davis, Julia. "LEGAL RESPONSES TO CYBERBULLYING BY CHILDREN: OLD LAW OR NEW?" UniSA Student Law Review 1 (November 23, 2015). http://dx.doi.org/10.21913/uslrunisaslr.v1i0.1253.

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This article comments on Peta Spyrou’s article in this volume entitled ‘Civil Liability for Negligence: An Analysis of Cyberbullying Policies in South Australian Schools’. It considers whether the two established legal regimes of tort law and the criminal law can offer a satisfactory response to the problem of cyberbullying by school children and then moves on to outline some innovative legislation introduced recently by the governments of Australia and New Zealand. It suggests that the law of torts is not currently equipped to deal directly with many of the problems caused by cyberbullying an

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