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Journal articles on the topic 'Liability (Law) Australia'

Author: Grafiati

Published: 4 June 2021

Last updated: 19 February 2022

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1

Giliker, Paula. "ANALYSING INSTITUTIONAL LIABILITY FOR CHILD SEXUAL ABUSE IN ENGLAND AND WALES AND AUSTRALIA: VICARIOUS LIABILITY, NON-DELEGABLE DUTIES AND STATUTORY INTERVENTION." Cambridge Law Journal 77, no. 3 (September 24, 2018): 506–35. http://dx.doi.org/10.1017/s0008197318000685.

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AbstractThis paper will argue that, in the light of recent case law in the UK and Australia, a new approach is needed when dealing with claims for vicarious liability and non-delegable duties in the law of tort. It will submit that lessons can be learnt from a comparative study of these jurisdictions, notably by reflecting on the courts’ treatment of claims of institutional liability for child sexual abuse. In parallel to decisions of their highest courts, public enquiries in Australia and England and Wales, established to report on historic child sexual abuse and how to engage in best practic

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2

McBride, Nicholas J. "VICARIOUS LIABILITY IN ENGLAND AND AUSTRALIA." Cambridge Law Journal 62, no. 2 (July 1, 2003): 255–60. http://dx.doi.org/10.1017/s0008197303266307.

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3

Rajapakse, Pelma Jacinth. "Contamination of Food and Drinks: Product Liability in Australia." Deakin Law Review 21, no. 1 (February 23, 2018): 45. http://dx.doi.org/10.21153/dlr2016vol21no1art718.

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This article examines the Australian law determining liability of manufacturers and retailers for injury or death allegedly caused by food and drink products which were spoiled, contaminated, or otherwise in a deleterious condition. Product liability and the issue of negligence associated with consumption of foods or drinks deemed as contaminated form the key points of discussion in this article. The liability of manufacturers, processors, wholesalers and retailers are explored with reference to elements of negligence, breach of express or implied warranty, misrepresentation, and strict liabil

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Krebs, Beatrice. "ACCESSORY LIABILITY: PERSISTING IN ERROR." Cambridge Law Journal 76, no. 01 (March 2017): 7–11. http://dx.doi.org/10.1017/s0008197317000150.

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IN Miller v The Queen [2016] HCA 30, the High Court of Australia (HCA) declined to follow the Privy Council and UK Supreme Court (UKSC) in abolishing the doctrine of extended joint criminal enterprise, as PAL is known in South Australia. Under the Australian doctrine, liability for murder is imposed where an individual “is a party to an agreement to commit a crime and foresees that death or really serious bodily injury might be occasioned by a co-venturer acting with murderous intention and he or she, with that awareness, continues to participate in the agreed criminal enterprise” (at [1]). Th

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Harland, David. "Reform of the law of product liability in Australia." Journal of Consumer Policy 15, no. 2 (June 1992): 191–206. http://dx.doi.org/10.1007/bf01352136.

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6

Overland, Juliette. "Liability for insider trading: learning lessons from Australia." International Journal of Private Law 2, no. 1 (2009): 62. http://dx.doi.org/10.1504/ijpl.2009.021513.

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McIvor, Claire. "Liability in Respect of the Intoxicated." Cambridge Law Journal 60, no. 1 (March 2001): 109–27. http://dx.doi.org/10.1017/s0008197301000642.

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THIS article considers how third parties may be held personally liable for harm inflicted by, and upon, the intoxicated. It charts the development of ‘alcohol liability’ in Canada and Australia and then goes on to demonstrate how this novel category of liability for the acts of others is beginning to work its way into the English law of tort.

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Abu-Zeitoun, Mamoun, and Mouaid Al-Qudah. "Withdrawal and Criminal Liability under the Criminal Laws of Jordan and Australia: A Comparative Study." Arab Law Quarterly 24, no. 1 (2010): 3–40. http://dx.doi.org/10.1163/157302510x12607945807197.

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This article is a comparative study of withdrawal as a defence to the criminal liability of an offender in Jordan (a civil law jurisdiction) and Australia (a common law jurisdiction). The analysis in this paper reveals that, in both jurisdictions, criminal laws have long accepted withdrawal as a conduit through which the offender’s liability can be modified or completely quashed. However, there has been no serious attempt, at least in Jordan, to provide anything approaching a complete explanation of the conditions under which the defence may be available and to explore its limits and boundarie

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Anderson, Helen. "Parent company liability for asbestos claims: some international insights." Legal Studies 31, no. 4 (December 2011): 547–69. http://dx.doi.org/10.1111/j.1748-121x.2011.00202.x.

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Throughout the world, the corporate group structure has long proved troublesome to the creditors, and particularly the tort creditors, of undercapitalised subsidiary companies. In the wake of Australia's James Hardie asbestos compensation inquiry, Senior Counsel assisting the Jackson Special Commission, Mr John Sheahan QC, called for the Commission to ‘recommend reform of the Corporations Act so as to restrict the application of the limited liability principle as regards liability for damages for personal injury or death caused by a company that is part of a corporate group...’. Following this

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10

Ryan, Desmond. "FROM OPPORTUNITY TO OCCASION: VICARIOUS LIABILITY IN THE HIGH COURT OF AUSTRALIA." Cambridge Law Journal 76, no. 01 (March 2017): 14–18. http://dx.doi.org/10.1017/s0008197317000174.

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IN Prince Alfred College Incorporated v ADC [2016] HCA 37, the High Court of Australia (HCA) has once again considered the appropriate test for establishing vicarious liability of employers for the wrongful acts of their employees. The decision will be of interest to tort lawyers in the common-law world for at least four reasons. First, the Court looked afresh at the test for vicarious liability in the context of intentional wrongdoing and has accordingly clarified the confusion arising from its earlier decision in New South Wales v Lepore [2003] HCA 4; (2003) 212 C.L.R. 511. Secondly, the Cou

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Conaglen, Matthew D. J. "FIDUCIARY LIABILITY AND CONTRIBUTION TO LOSS." Cambridge Law Journal 60, no. 3 (November 21, 2001): 441–92. http://dx.doi.org/10.1017/s0008197301341193.

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Having made a successful takeover bid for Western United, Kia Ora found that it had paid $25.7m in cash and issued 67.9m $1 shares in return for Western United shares worth only $6.4m. Kia Ora successfully sued several former directors. The High Court of Australia’s decision in Pilmer v. Duke Group Ltd. (in liq.) (2001) 180 A.L.R. 249 concerns aspects of the liability of Kia Ora’s accountants, Nelson Wheeler, for providing a report stating that the price proposed for the Western United shares was fair and reasonable. The report was prepared incompetently and Nelson Wheeler were held liable by

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12

Goldring, J. "Civil Liability Law Reform in Australia : the "King of Torts" Is Dead." Uniform Law Review - Revue de droit uniforme 10, no. 3 (August 1, 2005): 447–68. http://dx.doi.org/10.1093/ulr/10.3.447.

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13

Aronson, Mark. "Some Australian Reflections on Roncarelli v. Duplessis." McGill Law Journal 55, no. 3 (February 10, 2011): 615–40. http://dx.doi.org/10.7202/1000626ar.

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Roncarelli v. Duplessis figures far more frequently in Australia’s secondary literature than in its court decisions, and it is noted not for its invalidation of Prime Minister Duplessis’s actions, but for its award of damages where judicial declaration of invalidity would usually be the only remedy. Invalidating Duplessis’s interference with Roncarelli’s liquor licence would have been the easy part of the case had it been tried in Australia. Australian statutes afforded good protection to liquor licensees, and general administrative law principles confined seemingly unfettered discretionary po

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Vilchyk, Tetyana. "DUTIES OF A LAWYER TO A COURT AND TO A CLIENT." Russian Law Journal 6, no. 4 (November 1, 2018): 62–99. http://dx.doi.org/10.17589/2309-8678-2018-6-4-62-99.

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The article provides a comparison of legislation of the United States, Australia, the EU and Ukraine regulating the legal status of a lawyer in the administration of justice mechanism, as well as an analysis the correlation of his duties to the court and to the client. The author recommends that a lawyer not act in a manner that best serves the interests of the client since this will put the course of justice and public confidence in the profession in a vulnerable position; attorneys have to inform clients that their duty to the court is of paramount importance. In case of improper performance

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Forwood, Mark R. "Whither no-fault schemes in Australia: Have we closed the care and compensation gap?" Alternative Law Journal 43, no. 3 (August 16, 2018): 166–70. http://dx.doi.org/10.1177/1037969x18787552.

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No-fault compensation in New Zealand, the Woodhouse report and statutory reforms to civil liability motivated consideration of no-fault schemes in Australia. In 2011, the Productivity Commission recommended adoption of a National Injury Insurance Scheme. Since 2016, the NDIS has developed nationally, followed by variations of the NIIS for motor vehicle and workplace accidents. Compensation for injuries outside the NIIS (e.g. medical negligence), or general damages or economic loss must be recovered through compulsory third-party claims or common law. For those cases, an attractive compromise b

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Campbell, Susan. "A student right of audience? Implications of law students appearing in court." International Journal of Clinical Legal Education 4 (July 18, 2014): 22. http://dx.doi.org/10.19164/ijcle.v4i0.109.

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<p>This article examines the policy considerations underlying the common law limitation of the right of audience in the courts to professionally qualified and regulated advocates. It discusses the program conducted by Monash University in Australia whereby law students regularly represent their clients in court and analyses the safeguards built into this program in an attempt to meet those policy considerations. Finally the article looks briefly at the intriguing question of whether student advocates might be immune from liability for negligence, since that immunity still applies in Aust

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Nwafor, Anthony O. "Corporate Criminal Responsibility: A Comparative Analysis." Journal of African Law 57, no. 1 (February 1, 2013): 81–107. http://dx.doi.org/10.1017/s0021855312000162.

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AbstractThis article focuses on the extent of a company's responsibility for the criminal conduct of its employees. It considers the initial reluctance of common law courts to hold corporations criminally responsible for offences requiring mens rea, a mental element not found in artificial persons. The courts overcame this initial difficulty with recourse to the identification doctrine, which seeks to attribute to a company the fault of certain of its officers. However, the restrictiveness and inconsistencies embodied in the various judicial statements of that doctrine precipitated recourse in

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18

Fahey, James, and Rosemary Lyster. "Geosequestration in Australia: Existing and Proposed Regulatory Mechanisms." Journal for European Environmental & Planning Law 4, no. 5 (2007): 378–92. http://dx.doi.org/10.1163/187601007x00316.

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AbstractGeosequestration1 involves the capture (from power stations and other facilities) and storage of carbon dioxide for very long periods of time in underground geological formations. This article is concerned with key legal and regulatory issues associated with establishing and operating geosequestration projects in Australia. It highlights the recent increased interest in, and raised profile of, using geosequestration as a greenhouse gas abatement measure in Australia. It reviews the cooperative efforts of the States, Territories and the Commonwealth to develop a nationally consistent re

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Ní Fhloinn, Deirdre. "Liability in negligence for building defects in Ireland, England and Australia." International Journal of Law in the Built Environment 9, no. 3 (October 9, 2017): 178–92. http://dx.doi.org/10.1108/ijlbe-06-2017-0019.

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Purpose The purpose of this paper is to consider decisions of the courts of three jurisdictions: Ireland; England and Wales; and Australia, in relation to recovery of economic loss in negligence for building defects and to identify the extent to which the legal environment of each jurisdiction has informed the approach of the courts to the issue. Design/methodology/approach The approach taken for this purpose is to review the extent of legislative intervention in each jurisdiction to provide measures of protection for home buyers, and whether that intervention has limited the scope of what may

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Androsova, Svetlana. "Allocation of liabilities between parties involved in shipping LNG from eastern Australia." APPEA Journal 53, no. 2 (2013): 461. http://dx.doi.org/10.1071/aj12072.

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LNG shipping tonnage represents about 400 vessels worldwide and it has high safety records compared with other types of tonnage. Serious attention to the operational safety of LNG vessels is dictated by their high value as assets, substantial time required to build new LNG vessels, limited availability of replacement tonnage on the market, heavy dependence of the LNG supply chain on shipping efficiency and reliability, and high costs of delay in LNG supply. Notwithstanding the high safety record of LNG vessels, shipping is historically considered a high-risk enterprise. Liability of shipowners

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21

Rochford, Francine. "Shifting Ground: Alcohol Liability and the Normative Content of Tort Law in Australia." International Journal of Interdisciplinary Social Sciences: Annual Review 5, no. 8 (2010): 223–38. http://dx.doi.org/10.18848/1833-1882/cgp/v05i08/59303.

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22

Clarke, Roger. "Who is liable for software errors? Proposed new product liability law in Australia." Computer Law & Security Review 5, no. 1 (May 1989): 28–32. http://dx.doi.org/10.1016/0267-3649(89)90173-8.

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23

Chiarella, Mary, Jane Currie, and Tim Wand. "Liability and collaborative arrangements for nurse practitioner practice in Australia." Australian Health Review 44, no. 2 (2020): 172. http://dx.doi.org/10.1071/ah19072.

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The purpose of this paper is to clarify the relationship between medical practitioners (MPs) and nurse practitioners (NPs) in general, and privately practising NPs (PPNPs) in particular, in relation to collaboration, control and supervision in Australia, as well as to explore the difficulties reported by PPNPs in establishing mandated collaborative arrangements with MPs in Australia. In order for the PPNPs to have access to the Medicare Benefit Schedule (MBS) and Pharmaceutical Benefits Scheme (PBS) in Australia, they are required, by law, to establish a collaborative arrangement with an MP or

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Hemraj, Mohammed B. "Australia and Canada: The Role of Policy in Professional Liability." Journal of Financial Crime 9, no. 2 (April 2001): 109–16. http://dx.doi.org/10.1108/eb026012.

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25

Rissy, Yafet Yosafet W. "DOKTRIN PIERCING THE CORPORATE VEIL: KETENTUAN DAN PENERAPANNYA DI INGGRIS, AUSTRALIA DAN INDONESIA." Refleksi Hukum: Jurnal Ilmu Hukum 4, no. 1 (October 31, 2019): 1–20. http://dx.doi.org/10.24246/jrh.2019.v4.i1.p1-20.

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This article discusses about provisions and application of the Piercing The Corporate Veil (PVC) doctrine in the United Kingdom, Australia and Indonesia. The main issue is when and how the courts apply the PVC doctrine, also whether the doctrine can be applied outside the courts or not. In some states such as the United Kingdom and Australia which exercise common law tradition, the courts may apply the PVC doctrine on share holders and directors when there is an exceptional circumstance which requires to apply the doctrine. Similar to both states, Indonesia, through the Indonesian Supreme Cour

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Wheatland, Fiona Tito. "Medical Indemnity Reform in Australia: “First Do No Harm”." Journal of Law, Medicine & Ethics 33, no. 3 (2005): 429–43. http://dx.doi.org/10.1111/j.1748-720x.2005.tb00510.x.

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Medical indemnity is not usually the stuff of high political and social drama in Australia. When the biggest medical defense organization went into voluntary liquidation in 2002, this all changed. Newspapers carried stories on an almost daily basis about the actual or possible negative impact of the “crisis” on doctors, hospitals, and communities. Doctors became increasingly vocal in their criticisms and expansive in their claims. Their political organization, the Australian Medical Association, lobbied powerfully and successfully for government intervention to address the problem of dramatica

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Grigg, Edward. "Joint Enterprise Liability: Recent Developments and Judicial Responses." Journal of Criminal Law 83, no. 2 (January 13, 2019): 128–35. http://dx.doi.org/10.1177/0022018318819150.

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This article reconsiders the decision in R v Jogee [2016] UKSC 8 and the merits of joint enterprise liability. The article is structured in three sections. First, it outlines the background to the appeal in Jogee and argues that the Supreme Court’s decision is welcome on both normative and jurisprudential grounds. Second, it considers subsequent academic criticism and the approaches taken by the High Court of Australia and Hong Kong Court of Final Appeal. Third, it responds to these differing perspectives and suggests that Jogee has left the law in a more satisfactory state, but that accessori

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Steele, Stacey, Ian Ramsay, and Miranda Webster. "Insolvency law reform in Australia and Singapore: Directors' liability for insolvent trading and wrongful trading." International Insolvency Review 28, no. 3 (November 19, 2019): 363–91. http://dx.doi.org/10.1002/iir.1349.

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Kincaid, Peter. "Third Parties: Rationalising a Right to Sue." Cambridge Law Journal 48, no. 2 (July 1989): 243–70. http://dx.doi.org/10.1017/s0008197300105306.

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In a revolutionary but unsatisfactory recent decision, the High Court of Australia has allowed a third-party beneficiary of an insurance contract a right to sue the promisor. The decision casts doubt upon the whole doctrine of privity and ultimately upon bargain as the theoretical basis of promissory liability. The Trident case is unsatisfactory not because it allowed a third-party beneficiary a cause of action or because it challenges privity and bargain, but because it offers no satisfactory replacement for the theory of bargain. The reasons the court gave for recognising a right to sue are

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Mackie, Tom. "Proving liability for highly and fully automated vehicle accidents in Australia." Computer Law & Security Review 34, no. 6 (December 2018): 1314–32. http://dx.doi.org/10.1016/j.clsr.2018.09.002.

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31

Stychin, Carl F. "Dangerous liaisons: new developments in the law of defective premises." Legal Studies 16, no. 3 (November 1996): 387–416. http://dx.doi.org/10.1111/j.1748-121x.1996.tb00536.x.

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In 1995, the highest courts in two Commonwealth jurisdictions - Canada and Australia - squarely faced the issue of the liability of builders of defective and, in the case of the Canadian Supreme Court, dangerous premises in tort.’ The determination in both cases that the builders were liable to the remote purchasers for the cost of repair, based on a duty of care owed to them, can be contrasted to the current state of tort law in this country dealing with defective and dangerous premises. In fact, the articulation of the reasons why a duty of care was imposed in these cases - as reflecting con

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Bevacqua, John. "Unresolved Controversies in Suing for Negligence of Tax Officials: Canadian and Australasian Insights and a Primer for Policy Makers' Consideration." Canadian Tax Journal/Revue fiscale canadienne 68, no. 2 (July 2020): 439–76. http://dx.doi.org/10.32721/ctj.2020.68.2.bevacqua.

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There have been numerous recent Canadian cases in which taxpayers have alleged negligence by Canada Revenue Agency officials. This body of rapidly evolving Canadian case law constitutes, at present, the most extensive jurisprudence in the common-law world considering the tortious liability of tax officials. It also exposes fundamental unresolved controversies that inhibit legal clarity and certainty on the limits of the right of taxpayers to sue for the negligence of tax officials. Through comparison with cases in Australia and New Zealand, this article confirms that these unresolved controver

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Joyce, Daniel. "Data associations and the protection of reputation online in Australia." Big Data & Society 4, no. 1 (May 29, 2017): 205395171770982. http://dx.doi.org/10.1177/2053951717709829.

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This article focuses upon defamation law in Australia and its struggles to adjust to the digital landscape, to illustrate the broader challenges involved in the governance and regulation of data associations. In many instances, online publication will be treated by the courts in a similar fashion to traditional forms of publication. What is more contentious is the question of who, if anyone, should bear the responsibility for digital forms of defamatory publication which result not from an individual author’s activity online but rather from algorithmic associations. This article seeks, in part

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Grantham, Ross. "The Proceduralisation of Australian Corporate Law." Federal Law Review 43, no. 2 (June 2015): 233–57. http://dx.doi.org/10.22145/flr.43.2.3.

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The central hypothesis of the paper is that bit by bit and largely unnoticed Australian corporate law has undergone a profound change. Australian corporate law, and particularly the Corporations Act 2001 (Cth), has moved from an essentially private law, substantive rights model, to one that seeks to regulate the company and those involved in its affairs through the prescription of processes and procedures by which corporate decisions may be made and by which the procedural correctness of those decisions is assured. The paper will also seek to demonstrate, by an analysis of the changes in the p

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Naylor, David, and Andrew Jaworski. "Linking your way to liability? – Cooper v. Universal Music Australia Ltd [2006]." Computer Law & Security Review 23, no. 3 (January 2007): 285–89. http://dx.doi.org/10.1016/j.clsr.2007.03.007.

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Vallins, Nina. "Police responses to family violence: Recasting a duty of care." Alternative Law Journal 42, no. 1 (March 2017): 29–34. http://dx.doi.org/10.1177/1037969x17694781.

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This article explores the issue of police liability in negligence for failing to protect victims of crime. UK courts have held that police, in the course of investigation or suppression of a crime, do not have a duty of care to individuals. The law in Australia, however, is unsettled. The author discusses cases where police have failed to protect victims of family violence and finds that public policy reasons for granting police immunity from suit are unsatisfactory and unjust.

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McCrystal, Shae. "The Right to Strike and the "Deadweight" of the Common Law." Victoria University of Wellington Law Review 50, no. 2 (September 2, 2019): 281. http://dx.doi.org/10.26686/vuwlr.v50i2.5746.

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The hostility of the common law in respect of collective action by workers in the form of strikes is notorious. To provide workers with a right to strike, legislative intervention is necessary. In New Zealand and Australia, legislative enactment of the right to strike has taken the form of the "immunity approach" whereby strike action which meets the prerequisites for protection under the relevant statute receives immunity from common law action, while that which does not remains subject to potential liability at common law.This article analyses the adoption of the immunity approach in Austral

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Watts, Kim, and Tina Popa. "Injecting Fairness into COVID-19 Vaccine Injury Compensation: No-Fault Solutions." Journal of European Tort Law 12, no. 1 (April 1, 2021): 1–39. http://dx.doi.org/10.1515/jetl-2021-0005.

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Abstract The devastating impact of the COVID-19 global pandemic has fast-tracked the development of vaccines against the SARS-CoV-2 virus, with global vaccination efforts already underway. While the introduction of large-scale or even mandatory vaccination will facilitate resumed social interaction, work and travel, such action is not without risks. Vaccination exposes recipients to the risk of rare but serious effects, leading to pertinent questions about liability and compensation for harm caused by vaccination. There have already been rare blood clotting reactions associated with two COVID-

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Markova, Elena. "Offences committed using electronic means of payment by the country of the Saxon legal family (in the United Kingdom and the United States of America)." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2020, no. 1 (April 8, 2020): 99–105. http://dx.doi.org/10.35750/2071-8284-2020-1-99-105.

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The article analyses the legal characteristics of the criminal laws of foreign States belonging to the Anglo-Saxon legal family (in the case of Great Britain and the United States of America) with regard to criminal liability for crimes committed by electronic means of payment. The peculiarities of this legal family are noted, which affect the position of the legislator with regard to the regulation of cybercrime, including the legal nature of criminal law; The importance of resolutions of the Royal (Westminster) Courts, the Supreme Court on the constitutionality or unconstitutional nature of

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Loke, Alexander. "The valuer's liability for negligent valuation - toward a more principled allocation of the risk of market decline." Legal Studies 19, no. 1 (March 1999): 47–67. http://dx.doi.org/10.1111/j.1748-121x.1999.tb00085.x.

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The scope of duty of care concept developed by Lord Hoffmann in South Australia Asset Management v York Montagu (1997) AC 191 seeks to limit a valuer's responsibility for a lender's losses arising from his negligent valuation report. The limitation device stems from a laudable motivation. As the valuer provides only one of the considerations on which the lender relies to assess the loan proposal, it is intuitively unappealing to thrust the full loss onto the valuer. However, this limitation technique operates in a mechanical manner and does not deal with the loss attributable to the market fal

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Carver, Tracey. "Informed consent, Montgomery and the duty to discuss alternative treatments in England and Australia." Journal of Patient Safety and Risk Management 25, no. 5 (September 9, 2020): 187–93. http://dx.doi.org/10.1177/2516043520941330.

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The UK Supreme Court in Montgomery v Lanarkshire Health Board imposes a duty on healthcare professionals in relation to information disclosure. The obligation is to take reasonable care to ensure that patients are aware, not just of material risks inherent in any recommended treatment, but of any reasonable alternative treatments. While liability for information non-provision was previously decided according to whether the profession would deem disclosure appropriate, the law now judges the sufficiency of information from a patient’s perspective. In doing so, it adopts the approach advocated f

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Wawryk, Alexandra, and Katelijn van Hende. "The internationalisation of liability regimes for offshore petroleum exploration and production." APPEA Journal 54, no. 1 (2014): 209. http://dx.doi.org/10.1071/aj13022.

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The pollution caused by the explosion of the Deepwater Horizon oil rig in the Gulf of Mexico, and the Montara blowout in the Timor Sea, put the call for an international regulatory framework for oil pollution liability on the global agenda. Although international law regulates the prevention of offshore oil pollution and protection of the marine environment, certain activities do not fall inside the ambit of international regulations. For example, while new technology has made it possible for companies to drill to deeper depths and explore further away from the coastline, existing internationa

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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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Stickley, Amanda, Sharon Christensen, W. D. Duncan, and Jacinta Buchbach. "Predictive technology and natural hazards: risk for Australian planning authorities?" International Journal of Law in the Built Environment 8, no. 1 (April 11, 2016): 42–55. http://dx.doi.org/10.1108/ijlbe-12-2015-0020.

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Purpose The purpose of this paper is to examine whether the improvements in technology that enhance community understanding of the frequency and severity of natural hazards also increased the risk of potential liability of planning authorities in negligence. In Australia, the National Strategy imposes a resilience-based approach to disaster management and stresses that responsible land-use planning can reduce or prevent the impact of natural hazards upon communities. Design/methodology/approach This paper analyses how the principles of negligence allocate responsibility for loss suffered by a

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Barrymore, Stuart J., and Jane Ballard. "Decommissioning – a path forward for Australia." APPEA Journal 59, no. 1 (2019): 25. http://dx.doi.org/10.1071/aj18143.

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Australia has embarked on a review of its decommissioning law and practice with a comprehensive discussion paper being issued by the Department of Industry, Innovation and Science. Initial stakeholder comments and submissions have been made, and the Department is now considering those submissions with a view to issuing recommendations to the Minister. The discussion paper ultimately proposes that new laws will be implemented to ensure that Australia has a 21st century fit-for-purpose decommissioning regime to apply to its offshore petroleum installations. After an overview of the review proces

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Anthony, Thalia, and Penny Crofts. "Special Edition: Limits and Prospects of Criminal Law Reform – Past, Present, Future." International Journal for Crime, Justice and Social Democracy 6, no. 3 (September 1, 2017): 1–7. http://dx.doi.org/10.5204/ijcjsd.v6i3.423.

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This special issue traces multifaceted readings of criminal law reform in the context of developments in Australia, North America and Europe. It addresses a range of criminal law legislative regimes, frameworks and issues confronting criminal law reform including as they relate to family violence, organisational liability for child sexual abuse, drug-driving and Indigenous under-representation on juries. In doing so, the articles variously assess the impacts of past criminal law reforms, current processes of reform, areas in need of future reform and the limitations of reform. It poses a numbe

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Nicholson, Frances. "Implementation of the Immigration (Carriers’Liability) Act 1987: Privatising Immigration Functions at the Expense of International Obligations?" International and Comparative Law Quarterly 46, no. 3 (July 1997): 586–634. http://dx.doi.org/10.1017/s0020589300060814.

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It is now a decade since the United Kingdom, along with Germany and Belgium, followed the policy of traditional countries of immigration, such as the United States, Canada and Australia, and introduced legislation which provides for the imposition of fines on carriers for bringing in passengers with incorrect papers.1The Immigration (Carriers' Liability) Act 1987 (“the Act”)2imposed fines on carriers of £1,000 for each illegal entrant brought to the United Kingdom. This fine was doubled in August 1991 and two years later extended to cover passengers without transit visas where these were requi

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McClurg, Leanne. "Liability in oil and gas: what happened in the case of Deepwater Horizon?" APPEA Journal 51, no. 2 (2011): 668. http://dx.doi.org/10.1071/aj10048.

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Disasters such as the explosion of the Deepwater Horizon oil rig and the consequential pollution in the Gulf of Mexico have heightened awareness surrounding liability for such events. It is an opportune time for all companies—whether owners, operators or contractors—to closely examine their contracting regimes to ensure their interests are protected to the maximum extent possible. It is commercial reality in all industries that parties negotiating contracts seek to limit their liability. Unique to the oil and gas industry, contracts for services usually contain reciprocal indemnities, often re

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Smith, Malcolm K., and Tracey Carver. "Montgomery, informed consent and causation of harm: lessons from Australia or a uniquely English approach to patient autonomy?" Journal of Medical Ethics 44, no. 6 (March 23, 2018): 384–88. http://dx.doi.org/10.1136/medethics-2017-104273.

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The UK Supreme Court in Montgomery v Lanarkshire Health Board adopts an approach to information disclosure in connection with clinical treatment that moves away from medical paternalism towards a more patient-centred approach. In doing so, it reinforces the protection afforded to informed consent and autonomous patient decision making under the law of negligence. However, some commentators have expressed a concern that the widening of the healthcare providers’ duty of disclosure may provide impetus, in future cases, for courts to adopt a more rigorous approach to the application of causation p

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Wittig, Petra. "Corporate Responsibility for Transnational Human Rights Violations under German Criminal Law – Review and Outlook." European Criminal Law Review 10, no. 3 (2020): 395–409. http://dx.doi.org/10.5771/2193-5505-2020-3-395.

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Time and again, cases come to light in which companies in unstable regions have participated in crimes, including human rights violations. However, the economic power over these companies is regularly geographically distant, anchored in the stable regions of the world, e.g. in a corporate headquarters located in Europe, the USA, Canada or Australia, where the economic profit ultimately accrues. Starting from this imbalance, the present essay examines the question of the criminal (co-)responsibility of these power holders using the example of the German legal system. It becomes apparent that th

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