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Dissertations / Theses on the topic 'Law Australia'
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1
Cica, Natasha. "Abortion law in Australia." Thesis, University of Cambridge, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.621215.
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Gibb, Susan Jennifer. "Privacy and Australian law." Title page, contents and abstract only, 1987. http://web4.library.adelaide.edu.au/theses/09PH/09phg4372.pdf.
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Macduff, Anne. "Advance Australia Fair? Citizenship Law, Race and National Identity in Contemporary Australia." Phd thesis, Canberra, ACT : The Australian National University, 2017. http://hdl.handle.net/1885/133589.
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Although the ‘White Australia policy’ was officially rejected
over 40 years ago, this thesis argues that it continues to
influence notions of belonging in Australia today. While racial
exclusion from the national community was once achieved through
discretionary mechanisms embedded in migration laws and policy,
today, it is achieved through Australian citizenship laws and
policy.
This thesis critically examines the package of law reforms
introduced in 2007, which subsequently became the Australian
Citizenship Act 2007 (Cth) (‘ACA’). It explores the extent to
which Australian citizenship law enables or limits culturally
diverse expressions of belonging in a liberal, multicultural and
democratic nation. The thesis is underpinned by a critical race
theory approach, which understands the relationship between law
and culture as mutually constitutive. That is, it sees the law as
not only reflecting social norms but participating in their
production and reinforcement. The thesis draws out ways that
Australian citizenship laws mobilise narratives of belonging
which construct a racialised Australian national imaginary.
Using a range of interdisciplinary approaches (including legal
analysis, Critical Discourse Analysis and critical legal
geography), the thesis identifies and analyses narratives about
belonging circulating in three significant fields of public
discourse; legal, political and media discourse. It argues that
these public discourses articulate the meaning of the legal
status of citizenship through racially exclusionary narratives
about Australian values and an ‘Australian way of life’.
The thesis argues that Australian citizenship law is an
increasingly important site used to produce and sustain a
racially exclusionary national imaginary. It analyses how
narratives about Australian citizenship status are increasingly
articulated in opposition to migrants generally, but the Muslim
Other in particular. These racialised narratives of belonging are
conveyed through decisions made under the ACA. Having identified
how the law mobilises narratives which produce and sustain a
White national imaginary, Judith Butler’s theory of
performativity is used to identify some possible citizenship
counter-narratives.
It concludes that, contrary to official statements, Australian
citizenship status does not facilitate an inclusive notion of
national belonging. Instead, it is a mechanism that produces and
sustains a White national imaginary.
4
Sarre, Warick T., and n/a. "The law of private policing in Australia." University of Canberra. Law, 2002. http://erl.canberra.edu.au./public/adt-AUC20061107.164945.
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Diversified, essentially privatised, policing options are expanding daily in modern
societies. They have become available to, and are being accessed by, individuals,
community groups and governments on a regular basis. While this dissertation
examines the phenomenon of private policing in Australia generally, its task, more
specifically, is to document and review the laws that govern, shape and make
accountable private policing operations and activities.
Chapter 1 reviews the origins and manifestations of contemporary shifts to privatised
models of policing. Chapter 2 examines models of relationships between public and
private personnel, and the various methods of accountability that may serve to govern
the activities of the latter. Chapters 3 to 8 explore and explain the applicable laws
that inform, shape and govern private policing generally. What this examination
reveals is that "private police" are empowered by a multitude of common law and
legislative principles, along with a mosaic of diverse and semi-structured rules not
necessarily designed for this specific purpose. One quickly finds that the laws that
permit, facilitate, regulate and manage private manifestations of policing do not fall
within easily discernible legal parameters.
Finally, Chapter 9 provides a summary of the dissertation, together with some
general thoughts concerning the effectiveness and appropriateness of the law as a
vehicle for bringing about the desired goals, namely effective policing that provides
appropriate outcomes for victims, suspects, private personnel, public police and the
general public alike.
5
Aroney, Nicholas Theodore 1966. "The Federal Commonwealth of Australia : a study in the formation of its constitution." Monash University, Faculty of Law, 2001. http://arrow.monash.edu.au/hdl/1959.1/8864.
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Brooklyn, Bridget. "Something old, something new : divorce and divorce law in South Australia, 1859-1918." Title page, contents and summary only, 1988. http://web4.library.adelaide.edu.au/theses/09PH/09phb872.pdf.
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Vann, Vicki Jeannette 1959. "Equitable compensation in Australia : principles and problems." Monash University, Faculty of Law, 2004. http://arrow.monash.edu.au/hdl/1959.1/9617.
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Wallace, Alexis Margaret. "Legal Identity in Australia." Thesis, The University of Sydney, 2016. http://hdl.handle.net/2123/15528.
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Thirty years ago, Australia staunchly opposed the introduction of a national identity card. A uniform identification scheme was rejected on the basis that it would alter the relationship between the individual and the state, and thereby fundamentally change the premise of Australian society. It was feared that the onus upon the government to prove its legitimacy to the people would be reversed and, instead, individuals would be asked to prove to the state that they were ‘entitled to operate’.[1] Public opposition halted plans for the Australia Card, but it has not stopped the gradual evolution of Australian society into one that demands identity checks at the outset of almost every transaction between an individual and the state. The individual–state relationship has been recast but Australia’s laws have not been reviewed. This thesis provides that review and finds that Australia’s approach to the regulation of identity is outdated. This thesis starts at first principles, and extends on the existing literature to introduce a new public law concept called ‘legal identity’. Legal identity is an individual’s official, recorded identity for the purpose of interacting with state agencies. It is the public version of an inherently personal and private characteristic. This thesis develops the concept of legal identity and explains how and when it arises in Australia. It proposes that legal identity is of critical importance because it exists at the interface of the individual–state relationship; indeed it is what makes that relationship possible. Legal identity is of value to states because it is the means by which individuals can be counted, tracked and governed. Legal identity is also important to the individual. When an individual has legal identity, he or she can be connected to a whole regime of rights, entitlements and social benefits. It is argued that the law in Australia is premised on a concept of identity whereby each person has a recorded name and an ascertainable date of birth, which can be used to distinguish each individual from the group at large. The law assumes that each individual has verifiable documentary evidence of his or her identity. This thesis contests those underlying assumptions and presents evidence that there are some people in Australia who do not have any reliable evidence of their name or their actual date of birth. There are others whose name or date of birth is incorrectly recorded on their identity documents. Thesediscrepancies are symptoms of suboptimal regulation. The operational effectiveness of legal identity depends on government documents being reliable. To be reliable, records of legal identity must be consistent, comprehensive and as accurate as possible. It is argued that Australia’s regulatory approach is reactive rather than proactive and that it discourages individuals from regularising their legal identity. This compromises the operational effectiveness of legal identity and, in the absence of safeguards, threatens individual privacy. Thus, the essence of this thesis is that Australia should adopt a new approach to the regulation of legal identity. That approach is one that is accessible and coordinated, and which facilitates the making of reliable records.
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Rimmer, Matthew Rhys. "The pirate bazaar the social life of copyright law." View electronic text, 2001. http://eprints.anu.edu.au/documents/disk0/00/00/08/14/index.html.
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Available via the Australian National University Library Electronic Pre and Post Print Repository. Title from title screen (viewed Mar. 28, 2003) Includes bibliographical references. Mode of access: World Wide Web.
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Ahmad, Abu Umar Faruq. "Law and practice of modern Islamic finance in Australia." View thesis, 2007. http://handle.uws.edu.au:8081/1959.7/38404.
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Thesis (Ph.D.)--University of Western Sydney, 2007.<br>A thesis presented to the University of Western Sydney, College of Business, School of Law, in fulfilment of the requirements for the degree of Doctor of Philosophy. Includes bibliographies.
11
Graham, Nicole. "Lawscape : paradigm and place in Australian property law." Phd thesis, Faculty of Law, 2003. http://hdl.handle.net/2123/6269.
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Jaku, Danielle Georgia. "Responsible families a critical appraisal of the federal government's reforms /." Master's thesis, Australia : Macquarie University, 2007. http://hdl.handle.net/1959.14/620.
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Thesis (LLM)--Macquarie University. Division of Law.<br>Bibliography: leaves 192-208.<br>Introduction -- The perceived problems and the new reforms -- The framework for children's matters in Australia -- Families and functions - regulating the Australian family -- Reorganising the gender hierarchy -- Men's movements, misconceptions and misidentifying the real issues -- Problems with "shared parenting": an ideal or a (rebuttable) presumption? -- Mediation not litigation -- Conclusion -- Bibliography.<br>In this thesis, I critically appraise the latest reforms of the Australian family law system and assess the underlying philosophy of these measures. I specifically analyse the introduction of shared parenting and mandatory family dispute resolution. My starting point is that legislative changes alone cannot be used as a means of social change. Legal models cannot function correctly if they reflect an ideal rather than social reality, and in light of the current reforms, the Australian family law system risks such a fate. The system, which presumes that parents share parental responsibility upon separation (and therefore during the intact family), does not represent social truth. It appears to make an assumption that shared parenting is the societal practice, but I believe the law is really being used to impose such an ideal. If the reforms are to be successful, I argue that substantial social and economic structural change is required, in order to break down the dichotomy between men's and women's roles, which continue to define the male role as economic and public and the female responsibility as care-giving and private. This is particularly important if the Government is genuine about its aim to make parenting gender neutral in practice and not just in theory.<br>The thesis demonstrates that the reform measures are a response to the perceived rather than real problems identified in the family law system, and that they are largely issues raised under the influence of fathers' rights groups. The response of the Government to remedy the system is therefore flawed as it is based on misconceived notions about the family law system. It incorrectly identifies judicial discretion as a fundamental cause of the problems and tries to replace it with a more rules-based approach to determining children's matters. I suggest that the real problems can be found in the continuance of deeply entrenched customs and gendered role constructions, and the remedies lie in their overhaul. The social culture that makes the mother the primary caregiver and allocates to the father diminished parental responsibility from the time the child is born needs to be transformed. A suitable legal response to the current impasse would be to begin by educating the public about the way the system works and provide counselling to families on how to structure their united life well before they reach the breakdown point. Assisting families while they are still functional, as opposed to when they are dysfunctional, would arguably make a large difference in how the family law system is understood. Moreover, it would be able to facilitate ongoing communication for separating couples and, most importantly, thereby uphold the best interests of the child.<br>Mode of access: World Wide Web.<br>208 leaves
13
McNicol, Suzanne B. "The law of privilege : a critical analysis." Monash University, Faculty of Law, 2001. http://arrow.monash.edu.au/hdl/1959.1/9060.
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Birch, Charles 1971. "Evaluating mining and petroleum joint ventures in Australia : a revenue law perspective." Monash University, Faculty of Law, 2001. http://arrow.monash.edu.au/hdl/1959.1/8960.
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Herne, Stephen Charles. "A jurisprudence of difference : the denial of full respect in the Australian law of native title." University of Western Australia. Law School, 2009. http://theses.library.uwa.edu.au/adt-WU2008.0262.
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Donaghue, Stephen. "Coercive powers and the investigation of crime in Australia." Thesis, University of Oxford, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.302601.
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Howieson, Jillian Alice. "Family law dispute resolution : procedural justice and the lawyer-client interaction." University of Western Australia. Law School, 2009. http://theses.library.uwa.edu.au/adt-WU2009.0109.
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While several Australian and international studies have explored the family lawyer-client interaction, these studies have been limited to investigations of discrete areas of the lawyerclient relationship and have been necessarily limited in their methodologies. The present study employed a quantitative empirical methodology in an Australian wide field study of 230 family lawyers and 94 clients that investigated the family lawyer-client interaction from a procedural justice framework. Using multivariate analyses, the study establishes that the Tyler and Blader two-component model of procedural justice applies in the lawyer-client dyad and is influenced by the approach of the lawyer, the emotional response of the client, and the level of co-party conflict that the client is experiencing. Further, the study gives meaning to the terms 'conciliatory and constructive' and 'adversarial' as they apply to family law dispute resolution. The study establishes a construct to measure the conciliatory and adversarial approach of family lawyers and identifies that lawyers tend to incorporate a mixture of the two into their work. The results also identify four distinct behavioural factors that characterise the two approaches: the client-centred and interest-based factors characterise the conciliatory approach; and the lawyer-directed and court-focused factors characterise the adversarial. The study found that in terms of perceptions of fairness, and feelings of satisfaction, the clients preferred the lawyers who took a client-centred and interest-based approach, but in circumstances where the clients were experiencing high-levels of conflict, or fear for the safety of their children, they also appreciated the lawyer who was lawyer-directed and court-focused. Overall, the study shows that in order to create a fair and satisfying dispute resolution service for their clients, family lawyers need to maintain a fine balance of family lawyering behaviour. On a general level, the study provides a profile of Australian family lawyers in terms of their approach to dispute resolution, their attitude towards ADR processes and their favoured negotiation styles. It also profiles family law clients in terms of their emotional adjustment to the divorce and their perceptions of the family lawyers assisting them to resolve their disputes. The study substantially expands the procedural justice theory base and has significant implications for practical family law education, government policy, family lawyering, and the ADR and collaborative law movements. The study indicates where future research could benefit these communities.
18
MacAdam, Alastair I. "The doctrine of precedent in Australia." Thesis, Queensland University of Technology, 1995. https://eprints.qut.edu.au/36893/1/36893_Digitised%20Thesis.pdf.
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Despite what the realists and other critics might say, Australian judges in particular, do take the doctrine of precedent seriously. This is evidenced by the volume of cases that are discussed in this thesis. Included in these cases are numerous decisions of the High Court of Australia. My approach to the topic has been wherever possible, to rely on primary authorities - the cases and legislative provisions - with reference being made to secondary materials only where such materials are of undoubted standing. As a general rule, I have limited discussion to the operation of the doctrine
in courts of general jurisdiction, with only occasional references to specialized courts and tribunals such as the Family Court of Australia and Administrative Appeal The Doctrine of Precedent in Australia Tribunals.
The focus of the thesis is on what the judges actually do. It is not intended to approach the topic from a jurisprudential perspective. I have not attempted to
develop a Grand Theory, but there is a theme: that as Australian judges in courts below the High Court, and in some cases in that court itself, often regard it as
'invidious'1 to have to decide matters for themselves, the judges frequently concern themselves with what the doctrine of precedent demands of them. My approach has been to synthesize many scattered observations on the doctrine of
precedent - which has not been done before in Australia. In a number of areas where the rulings and dicta of the courts have left contradictions or a gap I have attempted
to derive and to articulate a set of rules from such hints as can be found in relevant judgments. I trust others will find such rules helpful, logical and persuasive.
The law is stated as at 31 July 1995.
19
Phillips, Jacqueline 1980. "Native title law as 'recognition space'? : an analysis of indigenous claimant engagement with law's demands." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=101825.
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This thesis engages in a critique of the concept of Australian native title law as a 'recognition space'. It doing so, it treats native title law as a form of identity politics, the courts a forum in which claims for the recognition of identity are made. An overview of multicultural theories of recognition exposes what is signified by the use of recognition discourse and situates this rhetoric in political and theoretical context. A critique of native title recognition discourse is then developed by reference to the insights of sociolegal scholarship, critical theory, critical anthropology and legal pluralism. These critiques suggest that legal recognition is affective and effective. This thesis highlights native title law's false assumptions as to cultural coherence and subject stasis by exploring law's demands and indigenous claimant engagement with these demands. In this analysis, law's constitutive effect is emphasized. However, a radical constructivist approach is eschewed, subject engagement explored and agency located in the limits of law's constitutive power. The effects of legal recognition discourse, its productive and enabling aspects, are considered best understood by reference to Butler's notion of provisional 'performativity'. Ultimately, claimant 'victories' of resistance and subversion are considered not insignificant, but are defined as temporary and symbolic by virtue of the structural context in which they occur.
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au, k. lewins@murdoch edu, and Kate Lewins. "The Trade Practices Act (Cth) 1974 and its Impact on Maritime Law in Australia." Murdoch University, 2008. http://wwwlib.murdoch.edu.au/adt/browse/view/adt-MU20081223.135713.
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The trade of shipping is necessarily international in nature. Courts and international bodies often
express the need to ensure international consistency in matters of maritime law. However, it has
been an extremely difficult goal to achieve. Many countries have refused to be party to international
conventions that seek to ensure comity. Some have enacted laws that reflect part but not all of those
conventions, or seek to improve the protection offered by the conventions. The domestic law of each
country also adds its own flavour to shipping law as recognised and applied by the courts in that
jurisdiction.
In 1974 Australia enacted the Trade Practices Act 1974 (Cth) (TPA), heralding a new era in
corporate and commercial law. However, its impact on maritime law on Australia has only been felt
over the last 10 15 years. It is potentially relevant to many areas of maritime law, including
carriage of goods by sea, cruise ships, and towage. This thesis explores the encroachment of the
TPA on a number of different areas of shipping law, using the few case examples on offer and
extrapolating the impact that the TPA may have. It also considers the extent to which the TPA is
stymied by simple contractual agreements to litigate or arbitrate in a non Australian forum, despite
the TPAs status as a mandatory statute within Australia.
Raised at various points in the thesis is the possibility of law reform, which is a complex compendium
of issues overlaid with a moral dimension does shipping, as an industry, deserve to be exempted
from the operation of the Act which sets a high standard of corporate behaviour? If so, how could
that reform be shaped? In the meantime, what steps can the shipping industry take to work within
the legal framework of the TPA?
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Ludlow, Karinne Anne. "Which little piggy to market? : legal challenges to the commercialisation of agricultural genetically modified organisms in Australia." Monash University, Faculty of Law, 2004. http://arrow.monash.edu.au/hdl/1959.1/5489.
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Devereux, John Anthony. "Competence to consent to medical treatment in England and Australia." Thesis, University of Oxford, 1993. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.358468.
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Reeve, Martin. "Fragmented landscape and fragmented law : threatened species management in South Australia /." Title page, contents and abstract only, 1998. http://web4.library.adelaide.edu.au/theses/09ENV/09envr331.pdf.
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Howe, Joanna. "The evolution and development of unfair dismissal law in Britain and Australia." Thesis, University of Oxford, 2011. http://ora.ox.ac.uk/objects/uuid:bf2e363e-5c91-45a1-ae4d-f073633f35c6.
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This work explores the evolutionary dynamic exhibited by the trajectory of unfair dismissal law in Britain and Australia. A different comparative evolutionary dynamic is observed in the phase leading up to the enactment of a statutory unfair dismissal scheme and in the period subsequent to enactment. It is argued that the shared common law origin of the legal systems of Britain and Australia masks significant divergence in their respective labour law traditions. Whilst collective laissez-faire in Britain, and conciliation and arbitration in Australia both sought to secure industrial peace, these divergent traditions operated in a manner particular to their jurisdiction in constraining the evolution of a statutory unfair dismissal law. It was only when these traditions underwent severe economic, social and political challenges that they faced a crisis of legitimacy and new ideas for labour law were canvassed. Although occurring over twenty years apart, the breakdown of Britain’s and Australia’s labour law traditions saw the juridification of domestic labour law, with a central reform being the inception of a statutory right protecting against unfair dismissal. Despite emerging from divergent legal traditions and according to different timeframes, the trajectory of unfair dismissal law subsequent to its enactment was to converge upon a common theme of peeling back the statutory superstructure in favour of localised and alternative dispute resolution. Although these developments are diachronistic across the two jurisdictions, this evolutionary dynamic of divergence giving way to convergence is revealing of a high degree of path dependency as between the unfair dismissal laws of Britain and Australia.
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Rumble, Tony Law Faculty of Law UNSW. "Synthetic equity and franked debt: capital markets savings cures." Awarded by:University of New South Wales. School of Law, 1998. http://handle.unsw.edu.au/1959.4/17591.
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Micro-economic reform is a primary objective of modern Australian socio-economic policy. The key outcome targetted by this reform is increased efficiency, measured by a range of factors, including cost reduction, increased savings, and a more facilitative environment for business activity. These benefits are sought by the proponents of reform as part of a push to increase national prosperity, but concerns that social equity is undermined by it are expressed by opponents of that reform. The debate between efficiency and equity is raging in current Australian tax policy, a key site for micro-economic reform. As Government Budget restructuring occurs in Australia, demographic change (eg, the ageing population) undermines the ability of public funded welfare to provide retirement benefits. Responsibility for self-funded retirement is an important contributor to increasing private savings. Investment in growth assets such as corporate stock is increasing in Australia, however concerns about volatility of asset values and yield stimulate the importance of investment risk management techniques. Financial contract innovation utilising financial derivatives is a dominant mechanism for that risk management. Synthetic equity products which are characterised by capital protection and enhanced yield are popular and efficient equity risk management vehicles, and are observed globally, particularly in the North American market. Financial contract innovation, risk management using financial derivatives, and synthetic equity products suffer from an adverse tax regulatory response in Australia, which deprives Australian investors from access to important savings vehicles. The negative Australian tax response stems from anachronistic legislation and jurisprudence, which emphasises tax outcomes based on legal form. The pinnacle of this approach is the tax law insistence on characterisation of financial contracts as either debt or equity, despite some important financial similarities between these two asset types. Since derivatives produce transactions with novel legal forms this approach is unresponsive to innovation. The negative tax result also stems from a perception that the new products are tax arbitrage vehicles, offering tax benefits properly available to investment in stocks, which is thought to be inappropriate when the new products resemble debt positions (particularly when they are capital protected and yield enhanced). The negative tax response reflects administrative concerns about taxpayer equity and revenue leakage. This approach seeks to impose tax linearity by proxy: rather than utilising systemic reform to align the tax treatment of debt and equity, the current strategy simply denies the equity tax benefits to a variety of innovative financial contracts. It deprives Australians of efficiency enhancing savings products, which because of an adverse tax result are unattractive to investors. The weakness of the current approach is illustrated by critical analysis of three key current and proposed tax laws: the ???debt dividend??? rules in sec. 46D Income Tax Assessment Act 1936 (the ???Tax Act???); the 1997 Budget measures (which seek to integrate related stock and derivative positions); and the proposals in the Taxation of Financial Arrangements Issues Paper (which include a market value tax accounting treatment for ???traded equity,??? and propose a denial of the tax benefits for risk managed equity investments). The thesis develops a model for financial analysis of synthetic equity products to verify the efficiency claims made for them. The approach is described as the ???Tax ReValue??? model. The Tax ReValue approach isolates the enhanced investment returns possible for synthetic equity, and the model is tested by application to the leading Australian synthetic equity product, the converting preference share. The conclusions reached are that the converting preference share provides the key benefits of enhanced investment return and lower capital costs to its corporate issuer. This financial efficiency analysis is relied upon to support the assertion that a facilitative tax response to such products is appropriate. The facilitative response can be delivered by a reformulation of the existing tax rules, or by systemic reform. The reformulation of the existing tax rules is articulated by a Rule of Reason, which is proposed in the thesis as the basis for the allocation and retention of the equity tax benefits. To avoid concerns about taxpayer equity and revenue leakage the Rule of Reason proposes a Two Step approach to the allocation of the equity tax benefits to synthetics. The financial analysis is used to quantify non-tax benefits of synthetic equity products, and to predict whether and to what extent the security performs financially like debt or equity. This financial analysis is overlayed by a refined technical legal appraisal of whether the security contains the essential legal ???Badges of Equity.??? The resulting form and substance approach provides a fair and equitable control mechanism for perceived tax arbitrage, whilst facilitating efficient financial contract innovation. The ultimate source of non-linearity in the taxation of investment capital is the differential tax benefits provided to equity and debt. To promote tax linearity the differentiation needs to be removed, and the thesis makes recommendations for systemic reform, particularly concerning the introduction of a system of ???Franked Debt.??? The proposed system of ???Franked Debt??? would align the tax treatment of debt and equity by replacing the corporate interest deduction tax benefit with a lender credit in respect of corporate tax paid. This credit would operate mechanically like the existing shareholder imputation credit. The interface of this domestic tax credit scheme with the taxation of International investment capital, and the problems occasioned by constructive delivery of franking credits to Australian taxpayers via synthetics, are resolved by the design and costings of the new system, which has the potential to be revenue positive.
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Seymour, Jillaine. "Judicial response to the representative parties rule in England and Australia." Thesis, University of Oxford, 2001. https://ora.ox.ac.uk/objects/uuid:584cf9d7-4c22-4aee-97f2-4f82e327bb7c.
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Use of the representative parties rule in England and Australia has been stifled by restrictive interpretation of the circumstances in which it is available. Chapter 1 demonstrates that the predominant test in England for the 'same interest' required by the rule would, if consistently applied, defeat any claim to use the rule. The recent change of test in Australia widens the rule's potential scope but does not appear to have resulted in significantly more liberal interpretation. Chapter 2 discusses the rule's operation, including res judicata, the enforcement of judgments, and the protection of the interests of those represented and of the named parties. It concludes that the rule diverges from the traditional model of individual voluntary civil litigation, and is characterised by uncertainty. Chapter 3 argues that this uncertainty may have encouraged a defensive posture by the courts, limiting use of the rule and avoiding the need to address those issues which demand resolution. Chapter 4 notes that various features of the rule undermine a number of principles commonly associated with procedural fairness. It is argued that judicial response to these features often pays insufficient attention to two issues. The first is whether the purpose which the principle is expected to promote is in fact protected by the rule, even if the principle itself is undermined. The second is the need to balance the rule's limitation of some principles against its particular benefits. It is further argued that some successful representative claims exemplify circumstances in which the primary purpose of procedural law (accurate application of the substantive law) is served by the rule. Chapter 5 identifies other successful representative claims, particularly against representatives of the members of unincorporated associations, which, it is argued, ought to be viewed not as supporting accurate application, but rather as facilitating development, of the substantive law.
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Rochow, Neville Grant. "Evidence, judicial notice and party comment: principles for ascertaining facts which predicate constitutional validity." Title page, contents and abstract only, 1987. http://web4.library.adelaide.edu.au/theses/09LM/09lmr781.pdf.
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Welsman, Sandra June. "Laws regulating business facilitation, control, or overload?: a consideration of Australian business regulation in the early 1990s." Thesis, The University of Sydney, 2001. https://hdl.handle.net/2123/28066.
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This thesis examines interactions of business, government and the judiciary in Australia through regulatory law. This arena of policy, lawmaking and regulatory practice is explored from a number of integrated perspectives, to a depth not pursued in general reviews.
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Coffey, Josephine Margaret. "Continuous Disclosure for Australian Listed Companies." Thesis, The University of Sydney, 2002. http://hdl.handle.net/2123/510.
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ABSTRACT This thesis investigates the legal and theoretical basis of continuous disclosure regulation in Australia as it applies to listed companies. An empirical study is undertaken to further investigate the operation of the legislation. As part of the Enhanced Disclosure regime, the continuous disclosure provision was effective from 5 September 1994 as s1001A of the Corporations Law, now the Corporations Act 2001 (Cth). This statutory provision is replaced by s674, inserted by Schedule 2 to the Financial Services Reform Act 2001 (Cth), and effective from 11 March 2002. The provision reinforces Australian Stock Exchange (ASX) listing rule 3.1. The rule requires a listed disclosing entity to notify ASX immediately of information that would be expected to have a �material effect� on the share price of the company. However, the disclosure requirement is weakened by a number of specific exemptions or �carve-outs� to listing rule 3.1. If a reasonable person would not expect the information to be disclosed, and if the confidentiality of the information is maintained, then disclosure is not mandatory in special circumstances. This study analyses 427 query notices, issued by ASX to listed companies from July 1995 to April 1996. The queries request information concerning unexplained movements in a company�s share price or a failure to comply with the listing rules. An analysis of the companies� replies to these notices provides a profile of the type of company that is likely to be queried. The study also attempts to evaluate the extent to which these companies have relied on the �carve-outs� as an exemption to the regulation.
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Coffey, Josephine Margaret. "Continuous Disclosure for Australian Listed Companies." University of Sydney. School of Business, 2002. http://hdl.handle.net/2123/510.
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ABSTRACT This thesis investigates the legal and theoretical basis of continuous disclosure regulation in Australia as it applies to listed companies. An empirical study is undertaken to further investigate the operation of the legislation. As part of the Enhanced Disclosure regime, the continuous disclosure provision was effective from 5 September 1994 as s1001A of the Corporations Law, now the Corporations Act 2001 (Cth). This statutory provision is replaced by s674, inserted by Schedule 2 to the Financial Services Reform Act 2001 (Cth), and effective from 11 March 2002. The provision reinforces Australian Stock Exchange (ASX) listing rule 3.1. The rule requires a listed disclosing entity to notify ASX immediately of information that would be expected to have a �material effect� on the share price of the company. However, the disclosure requirement is weakened by a number of specific exemptions or �carve-outs� to listing rule 3.1. If a reasonable person would not expect the information to be disclosed, and if the confidentiality of the information is maintained, then disclosure is not mandatory in special circumstances. This study analyses 427 query notices, issued by ASX to listed companies from July 1995 to April 1996. The queries request information concerning unexplained movements in a company�s share price or a failure to comply with the listing rules. An analysis of the companies� replies to these notices provides a profile of the type of company that is likely to be queried. The study also attempts to evaluate the extent to which these companies have relied on the �carve-outs� as an exemption to the regulation.
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Ng, Mei Lin, and n/a. "In Search of the 'Golden Thread': Common Law Interactions With Indigenous Law in Canada, Australia and New Zealand." Griffith University. Griffith Law School, 2006. http://www4.gu.edu.au:8080/adt-root/public/adt-QGU20070314.163150.
Full textAbstract:
The thesis explores the interactions of the common law with indigenous law in three jurisdictions: Australia, New Zealand and Canada. Case law involving family, criminal and land law is examined in detail, to establish how the common law has interacted with indigenous law. Two aspects of common law interactions are explored: judicial approaches to the recognition of indigenous law; and, judicial perceptions about the relationship between the common law and indigenous law. Courts faced with indigenous law have taken one of three approaches to recognising it. These are respectively referred to in the thesis as the non-recognition approach, the accommodation approach and the recognition approach. With regard to judicial perceptions about the relationship between the common law and indigenous law, the case law reveals seven different perceptions. They are: no relationship; mere acknowledgement; separate but capable of recognition; adjustment; assimilation/domination; assimilation/search for partnership; and absorption. Where a relationship is acknowledged, although perceptions may vary, essentially they can be placed in one of three categories. Courts may regard the relationship as one between two separate bodies of law, with points of intersection. They may regard it as one of convergence, perhaps even partial integration, between separate legal traditions. Finally, they may regard indigenous law as having been absorbed into the dominant legal system. Courts with this latter perception regard indigenous law as analogous to English local customs. Having identified more than one approach to the recognition of indigenous law, consideration is given to the circumstances in which the approaches are used, exploring differences arising out of the subject area in question and the jurisdiction in which the case is considered. The thesis also demonstrates that some correlation exists between the judicial approach to recognition of indigenous law and judicial perceptions about the relationship of the common law with indigenous law, though this correlation cannot be demonstrated in all cases. Lastly, the capacity of the common law to recognise changes to indigenous law is considered, where the case law reveals that both the judicial approach to recognition of indigenous law, and judicial perceptions about the relationship between the common law and indigenous law have a bearing on the capacity of the courts to recognise change. The thesis demonstrates that both the judicial approach to recognition of indigenous law and judicial perceptions about the relationship between the common law and indigenous law affect common law interactions with indigenous law.
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Ng, Mei Lin. "In Search of the 'Golden Thread': Common Law Interactions With Indigenous Law in Canada, Australia and New Zealand." Thesis, Griffith University, 2006. http://hdl.handle.net/10072/367204.
Full textAbstract:
The thesis explores the interactions of the common law with indigenous law in three jurisdictions: Australia, New Zealand and Canada. Case law involving family, criminal and land law is examined in detail, to establish how the common law has interacted with indigenous law. Two aspects of common law interactions are explored: judicial approaches to the recognition of indigenous law; and, judicial perceptions about the relationship between the common law and indigenous law. Courts faced with indigenous law have taken one of three approaches to recognising it. These are respectively referred to in the thesis as the non-recognition approach, the accommodation approach and the recognition approach. With regard to judicial perceptions about the relationship between the common law and indigenous law, the case law reveals seven different perceptions. They are: no relationship; mere acknowledgement; separate but capable of recognition; adjustment; assimilation/domination; assimilation/search for partnership; and absorption. Where a relationship is acknowledged, although perceptions may vary, essentially they can be placed in one of three categories. Courts may regard the relationship as one between two separate bodies of law, with points of intersection. They may regard it as one of convergence, perhaps even partial integration, between separate legal traditions. Finally, they may regard indigenous law as having been absorbed into the dominant legal system. Courts with this latter perception regard indigenous law as analogous to English local customs. Having identified more than one approach to the recognition of indigenous law, consideration is given to the circumstances in which the approaches are used, exploring differences arising out of the subject area in question and the jurisdiction in which the case is considered. The thesis also demonstrates that some correlation exists between the judicial approach to recognition of indigenous law and judicial perceptions about the relationship of the common law with indigenous law, though this correlation cannot be demonstrated in all cases. Lastly, the capacity of the common law to recognise changes to indigenous law is considered, where the case law reveals that both the judicial approach to recognition of indigenous law, and judicial perceptions about the relationship between the common law and indigenous law have a bearing on the capacity of the courts to recognise change. The thesis demonstrates that both the judicial approach to recognition of indigenous law and judicial perceptions about the relationship between the common law and indigenous law affect common law interactions with indigenous law.<br>Thesis (PhD Doctorate)<br>Doctor of Philosophy (PhD)<br>Griffith Law School<br>Arts, Education and Law<br>Full Text
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Bartlett, Kevin. "Cape York International Spaceport, Australia : a review of the legal issues." Thesis, McGill University, 1989. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=55690.
Full text
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Burley, Jennifer. "Equal before the law? : the case of Vietnamese refugees in South Australia /." Title page, contents and abstract only, 1996. http://web4.library.adelaide.edu.au/theses/09PH/09phb9608.pdf.
Full text
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Berg, Laurie Ada. "Whose rights at work? addressing precariousness in temporary and unauthorised migrant labour in Australia." Thesis, The University of Sydney, 2013. http://hdl.handle.net/2123/10199.
Full textAbstract:
Whose Rights at Work? Addressing Precariousness in Temporary and Unauthorised Migrant Labour in Australia Temporary labour migration is built upon a core dilemma—maintaining an economically productive resident population without political representation or full access to the social and economic benefits of citizenship. Most agree that temporary workers are entitled to protections under employment laws which govern their labour. But can temporary workers by definition be entitled to rights equal to residents in every respect? Must unauthorised workers, under law, inevitably have less secure protection still? Where should these differences lie? What role, if any, should workers themselves play in determining these various standards? These questions are the focus of this thesis. They touch on deeply held beliefs about how a national community should be defined and to whom domestic legal protection should extend. This thesis argues that relationships between employees and employers, migrants and residents, inevitably create mutual dependencies and obligations of care. Australia cannot ‘will away’ migrants on temporary visas or who work without a visa with whom it does not wish to engage. Under the influence of Australia’s regulatory power, migrant workers must be permitted a strong voice in how that power is exercised. These issues are common to migrant worker schemes internationally, but have arisen in Australia comparatively recently, and in unique ways. Since the late 1990s, Australia has seen exponential growth in temporary labour migration, and its once centralised and uniform labour protections and social benefits have become increasingly piecemeal. This has left those working pursuant to temporary visas or without visa authorisation, as much as six percent of the Australian labour market, even more susceptible than resident workers to the raw impact of a weakly regulated labour market. Poor working conditions, in other words, do not occur simply at the whim of rogue employers. Scholars of immigration have argued that exploitative labour can be produced by government regulation of immigration laws. This thesis extends this literature by demonstrating how Australian immigration law and enforcement reconfigure the relationships between migrant workers and employers and build coercion and uncertainty into them. The force of immigration regulation can be so potent that specific efforts by employers to exploit migrant employees are redundant. In exploring this argument, and as a further original contribution, this thesis evaluates several immigration-based legislative reforms introduced between 2007 and 2013 in the name of addressing the mistreatment of migrant workers. Several of these (the injection of safeguards into the temporary skilled migration scheme, for example) support migrants’ rights to robust participation in Australian workplaces and, indeed, in the Australian political community more broadly. However, my research suggests that other regulatory responses (such as the introduction of an employer sanctions scheme) have amplified the underlying power differential in migrants’ precarious employment. Diagnoses of the unjustness of migrants’ working conditions are common. Concrete regulatory solutions are rare. Yet this thesis offers suggestions to reverse the subordination of temporary and unauthorised migrants in workplaces across Australia. It acknowledges two competing ethical imperatives. First, the belief that a fixed political community is necessary to achieve strong social welfare commitments. This view fuelled the desire to enshrine the ‘Australian standard’ at Australia’s Federation in 1901, and still holds today. However, secondly, residents and migrants indubitably impact upon one another in significant ways that generate reciprocal responsibilities to lessen harm. Proposals for legislative reforms are made at the intersection of these tensions.
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Oya, Kazuo. "The relationship between competition law and telecommunications regulation : a comparative assessment." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80945.
Full textAbstract:
This thesis seeks to contribute to solving the debate about the framework of rules and institutions applicable to public utility sectors, by adopting both economic theories, such as natural monopoly, network effects, and public goods, and practical analysis of the telecommunications sectors for both Australia and the United States. Governments must reevaluate the framework regulating public utility sectors whenever rapid technological advancements occur. This thesis argues that the antitrust authority better enforces competition rules, and that the sector-specific authority better enforces technical and universal service rules. The justification of the special competition rule concerning bottleneck facilities access should be limited. As for the universal service scheme, the enforcer should ensure competitive neutrality and adopt pro-competitive instruments. This framework would allow for a more market-oriented and economy-wide regulatory administration, as well as enforcement of the universal service scheme based on a more accurate reflection of the fundamental values of citizens.
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Tay, Vanessa. "Comparing Western Australia and South Australia public high school’s cyberbullying policies – is there a need for a legislative change." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2023. https://ro.ecu.edu.au/theses/2647.
Full textAbstract:
The internet provides some of the most effective means of communication. Cyberbullying occurs when the internet is used to bully another person. Along with the positive aspects of the internet, cyberbullying is certainly one of the most negative aspects, especially with regard to school students. Victims of cyberbullying may be able to obtain legal sanctions, however, this usually occurs after the harm is done. In Australia, some states such as South Australia have recognised the need for preventive strategies by requiring schools to have an anti-bullying plan in place. Other countries, like Ontario, Canada have implemented similar preventative strategies in their legislation.
One way to reduce cyberbullying in schools is to create an anti-bullying culture within the school. The implementation of a cyberbullying policy that promotes a positive school culture, prevention and intervention strategies, support systems, clear definitions and reporting procedures, aid in creating this culture. An effective school cyberbullying policy will aid in the promotion of an anti-bullying school culture and thus lead to a reduction in bullying and cyberbullying behaviours.
This thesis argues that Western Australia should follow South Australia and Ontario in implementing legislation to require high schools to have a cyberbullying policy. This argument will be tested by answering two research questions: First, whether the cyberbullying policy is more prevalent, robust and openly displayed in South Australian public high schools compared with Western Australian public high schools; and second, what lessons can be drawn from legislation pertaining to cyberbullying in schools in Ontario and South Australia.
The research finding suggests that Western Australian public high schools do not have and do not openly promote policies pertaining to cyberbullying, whereas South Australian public high schools do. The research found that 88% of South Australian public high schools openly display their bullying policy, in comparison to only 51% of Western Australian public high schools. South Australia also has a state-wide bullying prevention program and legislation regarding the implementation of policies regarding bullying and harassment in schools. Legislation from Ontario provides a different perspective regarding the implementation of bullying and cyberbullying policies in schools. Ontario’s Education Act is more extensive than the legislation in South Australia with regards to cyberbullying in schools, as it includes definitions of bullying and cyberbullying, the rights and responsibilities of teachers, principals, and the school board to prevent and address bullying in schools, as well as encouraging a positive and inclusive school experience, and promoting strong and respectful relationships within the school and the community. Given that the existence of a cyberbullying policy in high school is an important tool in preventing and dealing efficiently with cyberbullying, these findings support the thesis argument that there is a need for similar legislation like the Education Act in Ontario, to be implemented in Western Australia.
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Calvey, Jo. "Women's experiences of the workers' compensation system in Queensland, Australia." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2002. https://ro.ecu.edu.au/theses/731.
Full textAbstract:
This was a phenomenological study undertaken to understand women's experience of the workers' compensation system. Eleven women were interviewed. They ranged in age from twenty-five to sixty-five years and represented diverse socio-economic and educational backgrounds. All women were from a non-indigenous background. The initial question to women was "Can you tell me what it is like to be involved in the workers' compensation system?" The narratives were analysed and interpreted using Hycner's (1985) phenomenological guidelines. Five core themes were found: negative versus positive/neutral experiences, the workplaces response and role in the process, women's experiences of payouts and tribunals, reasons why women may not claim workers' compensation, and the impact of the process on each women and their family(s). Acker's theory of 'gendered institutions' was used to understand why "many apparently gender-neutral processes are sites of gender production" (Acker, 1992b, p. 249). The experiences of the eleven women suggested that the workers' compensation system in Queensland is gendered; 'The women indicated that the workers compensation process was a disincentive to making a claim. WorkCover was viewed as siding with the employer, bureaucratic in nature and lacking values associated with empathy, sympathy and caring. Recommendations for improvements to the workers' compensation included: establish legal obligations and enforcement of occupational health and safety responsibilities to injured or ill workers; adoption of occupational health and safety values by employers; change the attitudes of employers (recognising women as breadwinners and workers are not disposable); a single case manager to advocate for injured or ill workers; recognition of mental and emotional consequences of an injury or illness provision of rehabilitation that recognises mental and emotional factors as well as the importance of family participation; greater involvement of employers and employees in the rehabilitation process; and finally, improved service delivery which involves consistency, ethics, clarity, (regarding the WorkCover process for injured workers and employers), accountability and involvement of all parties. The knowledge embedded in the interviews, expressed through core stories and themes, was essential to making women's voices visible and providing an insight into service delivery based on women's experiences and needs.
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Cabral, Harsha, and n/a. "Corporate law, derivative actions : a comparative approach." University of Canberra. Law, 1999. http://erl.canberra.edu.au./public/adt-AUC20060622.163443.
Full textAbstract:
This thesis is a culmination of a research of a particular branch of Corporate Law, which
has grown in several major parts of civilized jurisdictions. The thrust of the study was to
evaluate the past, present and the future of a particular type of action known in Corporate
Law under the umbrella of shareholder remedies - the 'Derivative Action' with emphasis
to develop the law in one jurisdiction profiting from another. The research thus reveals
how, when and where the so called action originated, the initial effects these actions had on
the corporate world including shareholders, companies and related persons natural or
juristic. Though much has been written by way of books, treatises and articles and several
researches have dealt with the common topic shareholder remedies in its broad perspect,
there is no separate study carried out on this topic in its global context with a comparative
focus. This study has therefore given me the drive, initiative and courage to look at the
conceptual view or the macro view of the so called 'Derivative Action' with of course
special emphasis on the Australian and Sri Lankan jurisdictions in its micro aspects. This, I
believe is the first time anyone has undertaken such a task. The study thus travels through
distant roads of common law action to the statutory form of the action in the relevant
jurisdictions and finds it driving with much purpose in jurisdictions such as Australia and
Sri Lanka which are both in the transitional era from the common law action to the
statutory action.
The research is based on the collection of material namely, case law - Australian, Sri
Lankan and international on the matters in issue, Legal treatises on the subject matter local
and international, Law reform material - Australian, Sri Lankan and international on the
topic, Bills and Statutes available on the topic in Australia, Sri Lanka and other countries.
I have met resource personnel with regard to Law Reform in several jurisdictions on the
matters in issue and visited the Australian Stock Exchange and the Colombo Stock
Exchange.
The research findings depend mainly on the electronic data available in addition to
resources available at the University of Canberra, the Australian National University,
Colombo Law Library, The Colombo Law Society Library and the Sri Lanka Supreme
Court Judges' Chambers Library and the Sri Lanka Attorney General's Department
Library. Visits to the McGill University in Montreal, Canada and the corporate law sector
in New Zealand, including Universities and Law Offices in Christchurch and Auckland too
has helped me considerably in the process.
Review of the literature of the proposed statutory Derivative Action in Australia and the
proposed statutory Derivative Action in Sri Lanka, are based mainly on; Enforcement of
the duties of directors and officers of a company by means of a statutory derivative action
(Report No. 12) Companies and Securities Law Review Committee. (November 1990.),
Corporate Practices and the Rights of Shareholders (Report of the House of
Representatives Standing Committee on Legal and Constitutional Affairs) Parliament of
the Commonwealth of Australia. (November 1991.), Report on A Statutory Derivative
Action Companies and Securities Advisory Committee. (July 1993.), Corporate Law
Economic Reform Program (CLERP) Proposal Paper No 3 (1997), the CLERP draft
legislative provisions (1998), Australian case law on the application of the common law
Derivative Action, both in the High Court and in individual States and Australian articles
on Derivative Action as a common law remedy and on the introduction of the statutory
action. In the Sri Lankan context, the proposals in Sri Lanka for the statutory Derivative
Action and the case law in Sri Lanka on the application of the common law remedy has
been referred to. Other literature include, material available on the Canadian formula of
Derivative Action, including Statutes, Rules, case law, articles and other relevant data,
material available on the Derivative Actions in the United States, material available in New
Zealand on Derivative Actions, material available in England on Derivative Actions,
namely on the common law approach, case law, articles, Bills, Rules and other connected
material, Statutes on Derivative Actions in other jurisdictions at present and Hong Kong
proposals for a statutory Derivative Action, to name some.
The aforesaid material and the review of the same have assisted the study as follows:
-To place the past, present and the future of the common law Derivative Action.
-Examine the objectives of the Derivative Action.
-The operation of the common law aspects of the action.
-The benefits of the statutory form of the action.
-Experiences of other countries in the recent past on the subject.
-The Australian reform process presently underway.
-The best experiences in Australia with regard to case law.
-To evaluate whether the remedy should be limited to fraud on the minority or whether it
should be extended further even to negligence.
-How best Sri Lanka could benefit from the Australian formula of the statutory form of the
action.
-To evaluate whether the proposed model of the statutory action in Sri Lanka is adequate in
view of the Australian and other accepted formulae on the subject.
-Whether the common law action should be expressly abolished in Sri Lanka.
-Consider the possible introduction of the best methods to Sri Lanka.
Finally, the research speaks for itself the need for a statutory Derivative Action for Sri
Lanka in the future, to be an improvement on the Canadian, New Zealand and Australian
models. The research findings, especially in its conclusions and recommendation in
Chapter 8, will no doubt help to improve the proposed statutory Derivative Action in Sri
Lanka in a small way.
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Anderson, Jane Elizabeth Law Faculty of Law UNSW. "The production of indigenous knowledge in intellectual property law." Awarded by:University of New South Wales. School of Law, 2003. http://handle.unsw.edu.au/1959.4/20491.
Full textAbstract:
The thesis is an exploration of how indigenous knowledge has emerged as a subject within Australian intellectual property law. It uses the context of copyright law to illustrate this development. The work presents an analysis of the political, social and cultural intersections that influence legal possibilities and effect practical expectations of the law in this area. The dilemma of protecting indigenous knowledge resonates with tensions that characterise intellectual property as a whole. The metaphysical dimensions of intellectual property have always been insecure but these difficulties come to the fore with the identification of boundaries and markers that establish property in indigenous subject matter. While intellectual property law is always managing difference, the politics of law are more transparent when managing indigenous concerns. Rather than assume the naturalness of the category of indigenous knowledge within law, this work interrogates the politics of its construction precisely as a ???special??? category. Employing a multidisciplinary methodology, engaging theories of governmental rationality that draws upon the scholarship of Michel Foucault to appreciate strategies of managing and directing knowledge, the thesis considers how the politics of law is infused by cultural, political, bureaucratic and individual factors. Key elements in Australia that have pushed the law to consider expressions of indigenous knowledge in intellectual property can be located in changing political environments, governmental intervention through strategic reports, cultural sensitivity articulated in case law and innovative instances of individual agency. The intersection of these elements reveals a dynamic that exerts influence in the shape the law takes.
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Powell, Robert. "Industry value at risk in Australia." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2007. https://ro.ecu.edu.au/theses/297.
Full textAbstract:
Value at Risk (VaR) models have gained increasing momentum in recent years. Market VaR is an important issue for banks since its adoption as a primary risk metric in the Basel Accords and the requirement that it is calculated on a daily basis. Credit risk modelling has become increasingly important to banks since the advent of Basel 11 which allows banks with sophisticated modelling techniques to use internal models for the purpose of calculating capital requirements. A high level of credit risk is often the key reason behind banks failing or experiencing severe difficulty. Conditional Value at Risk (CVaR) measures extreme risk, and is gaining popularity with the recognition that high losses are often impacted by a small number of extreme events.
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Luker, Trish. "The rhetoric of reconciliation : evidence and judicial subjectivity in Cubillo v Commonwealth /." Access full text, 2006. http://www.lib.latrobe.edu.au/thesis/public/adt-LTU20080305.105209/index.html.
Full textAbstract:
Thesis (Ph.D.) -- La Trobe University, 2006.<br>Research. "A thesis submitted in total fulfilment of the requirements for the degree of Doctor of Philosophy, La Trobe Law, Faculty of Law and Management, La Trobe University, Bundoora, Victoria". Includes bibliographical references (leaves 318-338). Also available via the World Wide Web.
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au, tsummerf@law uwa edu, and Tracey Lee Summerfield. "Families of Meaning: Dismantling the Boundaries Between Law and Society." Murdoch University, 2004. http://wwwlib.murdoch.edu.au/adt/browse/view/adt-MU20050810.115925.
Full textAbstract:
Legal positivism insists upon a distinction between the inside and outside of law. The common law and statutory rules of interpretation assist in maintaining this distinction, establishing the myth that legal decision-making is a purely objective and rational process, giving rise to internal truths. While critical theorists have illustrated the ways in which the lines between the inside and outside are always blurred, there remains a perceived distinction, in law, between the interpretation of concepts that occurs in the law and that which occurs outside the law. Only the former have legal legitimacy. The idea of the legal family is a case in point, where the law defines family according to its own prescriptions irrespective of how family is constituted by non-legal communities. In this thesis, I consider the meanings of family in different spheres to show how the lines between the social, the political and the legal consistently overlap. I then develop a mechanism by which the law can acknowledge and affirm that which is outside. This requires, firstly, a conception of law as communication and of legal interpretation as a constructive process. Secondly, the task demands that jurists engage with the semiotic processes of the everyday and that legal concepts, at least those that exist independently of the law (family for example) be framed with an open indexicality. This might enable such concepts to be interpreted according to a range of contexts, other than (or in addition to) the legal one. Finally, using the family as an example, I illustrate how a semiotic approach can assist legal interpretation, reform and analysis.
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Delaney, Elizabeth M. "Canonical implications of the response of the Catholic Church in Australia to child sexual abuse." Thesis, University of Ottawa (Canada), 2004. http://hdl.handle.net/10393/29095.
Full textAbstract:
Since the early 1980s the Church and society have been shocked and scandalised by incidents of child sexual abuse perpetrated by clerics and religious. During the past twenty years knowledge of sexual abuse has grown. With increased knowledge has come increased understanding of factors that affect offenders, that impact on the healing of victims. Church leaders in the church have not always responded well, to victims, to offenders and to communities. The Church has grown in understanding of how to respond to all who are affected by sexual abuse of children. Church and society continue to learn.
In 1996, the Australian Catholic Bishops' Conference and the Australian Conference of Leaders of Religious Institutes published Towards Healing, Principles and Procedures in Responding to Complaints of Sexual Abuse against Personnel of the Catholic Church in Australia. The following year, they published Integrity in Ministry: A Document of Ethical Standards for Catholic Clergy and Religious in Australia. The former document presents the principles and procedures for responding to complaints of misconduct and sexual abuse. The latter document presents standards for life and ministry for clergy and religious.
The Catholic Church in Australia responded to sexual abuse within the context of the Australian society, as did the church in each country. In presenting an overview of the response to child sexual abuse of both society and church in several countries besides Australia, the possibility exists not only for identifying similarities and differences, but also for understanding the reasons behind them.
In the 1980s knowledge of the complexities of sexual abuse and its impact on victims was very limited. Likewise familiarity with the church's penal law and related procedures was limited because it had not been used to any great extent. Increased and new usage of both penal law and procedural law identified areas that caused problems.
At the heart of the church's response to sexual abuse is the goal of responding to the dignity of the human person. Hopefully, identifying differences and problem areas will result in increased understanding and the upholding of the dignity of all people affected by sexual abuse.
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Golding, Greg. "The reform of misstatement liability in Australia's laws." Connect to full text, 2001. http://setis.library.usyd.edu.au/adt/public_html/adt-NU/public/adt-NU20040206.161344/index.html.
Full text
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Chan, Hok Kee Nelson. "Contaminated land valuation and the problem of stigma." Phd thesis, Australia : Macquarie University, 2001. http://hdl.handle.net/1959.14/48464.
Full textAbstract:
Thesis (PhD)--Macquarie University, Graduate School of the Environment, 2001.<br>Bibliography: p. 10-1 to 10-23.<br>An overview of contaminated land issues -- Land contamination law -- The impact of environmental planning on contaminated land value -- Identification and management of contaminated land -- Contaminated land valuation method - an overview -- Current stigma assessment methods -- Suggested method for stigma assessment -- General conclusion.<br>This dissertation is about the valuation of contaminated land and the problem of stigma. The value of contaminated land is to a large extent affected by statutory regulations. Stigma, if it exists, is another factor that has significant impact on contaminated land value. This thesis looks at the relevant laws governing contaminated land in Australia. It also introduces an alternative method to assess the stigma factor. -- Contaminated land is a major environmental problem. Apart from causing actual or potential threats to human health and the environment, contaminated land also leads to legal liabilities and financial losses to the landowner. Regarding financial losses, they may be costs to meet legal requirements in relation to clean up and long term monitoring expenses. In addition, they may be losses due to a drop in market value and/or rental of the property, longer vacancy periods, high remediation and monitoring costs. In the extreme case, the property may lose marketability completely. -- Regarding valuation methods, most valuers use traditional valuation methods with arbitrary adjustments. The most straightforward method is the impaired value (affected value) approach. It requires the valuer to assess the property on a clean land basis. From the unimpaired (clean) value, other financial losses due to contamination, remediation costs and stigma value loss are deducted to get the impaired value. The most difficult part is to quantify stigma impact. The existing stigma assessment methods are not satisfactory. Alternative and non-traditional methods are available. However they are academic and are not suitable for day-to-day operation of a valuer. This thesis suggests a multi-criteria decision-making model to assess stigma impact. The target stigma factor is obtained by processing the relevant criteria with the Analytic Hierarchy Process (AHP) method. The best alternative from the model is the reasonable stigma factor for the property.<br>Mode of access: World Wide Web.<br>various pagings ill. (some col.)
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Bruce, Max James. "Multinational Corporate Tax Avoidance in Australia & Australia's Anti-Avoidance Law." Thesis, 2021. https://hdl.handle.net/2440/134204.
Full textAbstract:
If multinational companies don’t pay their taxes why the hell should I? It is a question
no doubt considered by every taxpayer at some point. Common assumption would have one
believe that multinational companies operating in Australia are avoiding the payment of a
substantial amount of taxes every year, however, is this the case? This answer is not
immediately apparent, indeed, there is a significant divergence of opinion as to the extent of
tax avoidance amongst multinational companies operating in Australia and by what means this
is being facilitated. This thesis identifies the extent of tax avoidance attributable to
multinational companies operating in Australia and establish by what means this is being
facilitated. This thesis concludes that the fiscal impact of multinational corporate tax avoidance
is less significant than is often stated and that it is primarily being driven by Thin Capitalisation
and Transfer Pricing activities. This conclusion is reached by analysing the existing literature
and on comparisons drawn with individual taxpayers in Australia and studies examining
multinational companies in other jurisdictions. However, it is concluded that the issue of
multinational corporate tax avoidance remains significant as it represents areas of structural
deficiency in the tax laws and is a contributing factor to tax avoidance and evasion by
individuals and other business taxpayers which impacts federal tax revenues to a far greater
extent. This thesis assesses the effectiveness of Australia’s current avoidance law in addressing
multinational corporate tax avoidance in light of significant international developments in the
area. It concludes that Australia’s anti-avoidance laws are reasonably well purposed but that
the general anti avoidance law is of limited continued utility. This conclusion is reached by
studying the development of Australia’s anti avoidance laws and comparing this with the
concurrent development of corporate tax avoidance practices as well as an examination of
international developments in anti-avoidance laws targeting multinational companies and
Australia’s responses to these developments. This thesis concludes by identifying how the
general anti avoidance law might be revised to better address current multinational corporate
tax avoidance practices.<br>Thesis (Ph.D.) -- University of Adelaide, Law School, 2021
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Marshall, WE. "Circumcision in Australia : reforming the law." Thesis, 2011. https://eprints.utas.edu.au/11729/2/Circumcision_in_Australia_-_Reforming_the_Law.pdf.
Full textAbstract:
The thesis considers the application of Australian law to male circumcision and recommends law reform to improve its regulation. There are no specific laws that regulate the practice in Australia. Very few clear answers present themselves when the general law is applied to circumcision. The law suffers from inaccessibility, uncertainty, jurisdictional inconsistency, and problems with enforceability in its application to circumcision. It is also unable to respond in a timely and effective manner to problematic developments, and has not significantly assisted in fostering improved health and ethical standards for circumcisers.
The thesis discusses the application of criminal law, family law, private law and human rights to the practice of circumcision. It also discusses the legislation in foreign jurisdictions which specifically addresses male circumcision. The thesis adopts the analytical perspective of an implementation minded law reformer. This perspective is used to inform the critical analysis of the law and the law reform recommendations proposed. The perspective is pluralistic and concerned with formulating reforms that are designed for ready implementation.
The thesis recommends the enactment of a federal Circumcision Act, or mirror State and Territory Circumcision Acts. This legislation should establish a circumcision regulatory, monitoring and licensing body within the jurisdiction it operates in. The Act (or Acts) recommended distinguish between circumcision performed with patient consent, and circumcision performed upon incapable minors with parental consent. The thesis recommends, subject to specific exemptions, the prohibition of circumcision performed on incapable minors. The thesis also details law reform to improve the health and ethical standards of circumcisers in Australia.
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Huang, Ping-Yu, and 黃品諭. "Recent Development of Energy Law in Australia." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/92018149039516807903.
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碩士<br>國立雲林科技大學<br>科技法律研究所碩士班<br>101<br>Australia is blessed with abundant natural resources and fossil fuels, and it is also the largest coal export countries. However, the problem on the climate change and global warming climate change makes Australian government considering a new energy supply and demand structure. Australia is finding a balance among the environmental, economic and energy under the international enviromaental responsibility.
Australian Parliament passed the Renewable Energy (Electricity) Act in 2000, then theMandatory Renewable Energy Target (MRET) system was implemented in 2001. 2011 to 2012 is an important period to Australia’s energy policy and law changes. Since January 1, 2011, Mandatory Renewable Energy Target scheme separated from single aim and single Renewable Energy Certificate (REC) Market to two: Large Renewable Energy Target (LRET) and Large-scale Generation Certificate (LGC) Market; Small Renewable Energy Scheme (SRES) and Small-scale Technology Certificates (STC) Market. Furthermore, in November 2011, the Executive Council of Australia issued Clean Energy Act, and implemented Carbon pollution cap. Since July 1, 2012, Australia passed a controversial new law enforcing the country''s 500 most-polluting companies to pay tax on their carbon emissions, which made Australians out crying and induced international attention. This study is trying to discuss Australia’s situation about renewable energy via literature review and data statistics analysis, and hope to give some suggestion to Taiwan in conclusion.
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Bannister, Judith Kaye. "Secret business and business secrets : the Hindmarsh Island Bridge affair, information law and the public sphere." Phd thesis, 2006. http://hdl.handle.net/1885/150345.
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