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Australian Case Law and 2002's MIMA v. Bhardwai

stated: There is, in our view, no reason in principle why the general law should treat administrative decisions involving jurisdi...

Australian Courts and Statutory Interpretation

are not necessarily the same words (or meanings) and as a result, the photographer can argue that the purpose of the import was no...

Medical Law

In order to determine whether or not the consent form signed is valid we need to consider the concept of informed consent. The con...

Contesting a Will on Grounds of Mental Capacity

the family home, where Jill still resided, $150,000 in bank deposits as well as some antiques and personal chattels to her grandch...

A Contract Law Case Study - David Lynch and the Melbourne Recital Group

The writer uses a case study supplied by the student to demonstrate the application of common law to an Australian contract case....

Directors Duties in Australia - The Influence of the Centro Case

and the Centro Retail Group. In the former $1.5 billion of liabilities which should have been classified as short term liabilities...

Australia and Euthansia

In five pages euthanasia is examined regarding its Australian legal status with a discussion of a nonprosecuted 'assisted death' c...

What is a Business Under Australian Tax Law - The cases of Ferguson and Stone

had to deal with in this case was firstly whether the naval officer was undertaking a business, and secondly if this was a busines...

Australia's International Arbitration Law and Commercial Arbitration Law

and Enforcement of Foreign Arbitral Wars (the New York Convention), the UNCITRAL Model Law and the Convention on the Settlement of...

Mistakes in United Kingdom's Common Law

the case given that this is a matter of common mistake (McKendrick, 2000). In this case the agreement can be seen as fulfilling t...

Insurance Contract Law and the Concepts of Misrepresentation and Non-Disclosure

Marine Insurance Act 1909 was effectually a word for word copy of the English Marine Insurance Act 1906, in addition to this the n...

Shadow and De Facto Directors

behaves, not just the directors or the officers of a company. Individuals that are not on the board may still be at...

Can An Action for Defamation Restore a Damaged Reputation?

approach as seen under common law approach. The problem with the approach is that whatever is done how can a court action...

The Case of Demagogue Pty Ltd And Nicholas Ramensky and Gisela Elizabeth Ramensky

the loss or damage and that there are various orders a court can make to achieve this end. Section 82 can be compared to section...

Issues in Australian Law

The second basis of the appeal was that evidence of an alibi had been excluded by the initial trial judge under s.150 of the Crimi...

Cases in Australian Tort Law

The main aim of tort law is to provide a route to gain relief for damages received and costs incurred, at the same time as acting ...

Studies in Contract Case Law

In twelve pages four cases involving contract law are analyzed in terms of contractual issues and legal definitions....

Australian Case Study on Employment Law

of the employee or worker having and injury for which compensation is payable. Mary has suffered a laceration her hand. However, ...

Trade Practices Act 1974 Australian Law Case Study

this to be held the transaction must be seen as being akin to trade and commerce. Normally the sale of a property may be seen as e...

Asserting a Claim under Contract Law - Australian Case Study

possible. However for as contract to be valid there also need to be both consideration and an intention to create legal relations...

A Case of Misrepresentation under Australian Law

if the misrepresentation was material to the contract, and whether it was meant to be an inducement to the contract, it also needs...

Potential Cases for Tortuous Action Under Australian Law

to provide a route to gain relief for damages received and costs incurred, at the same time as acting as a deterrent to others. Un...

The Increase in the Minimum Debt for Personal Bankruptcy in Australia

bankruptcy may be made. This may be seen as a change that has helped to bring the law up to date which may be seen by looking at t...

The Relevance of Binding Precedent and Application of Offer and Acceptance in Contract Law in Australia

potential to alter this through legislation. The concept allows gaps in legislature to be filled. It may be argued that the way t...

Case Study on Australia Employment Law

then it looks like Henry was not in a union. Therefore, he also has the right to go to the civil courts and claim wrongful dismiss...

Australia's Evidence Act 1995 and s138's Impact

consequence of an impropriety or of a contravention of an Australian law; is not to be admitted unless the desirability of admitt...

Betting Charge in Australia Prosecution and Defense Arguments

Second Reading of the Betting Bill, the Minister for Sport and Gaming stated that the object of the legislation is to ensure that ...

Fiduciary Duties Within Australian Law

This paper examines the case of Brunninghausen vs. Glavanics (1999), and its impact on Australian laws pertaining to a company dir...

Australian Public Disturbance Case

as this deal with damage to property during public disorder where property is damaged, but this time it may be purposefully, but i...

The Case of Campagnola V. Mulholland, Minion & Roe and Its’ Relevance Within The Legal System

included the presence of the contingency fee; that the firm would receive one third of any money recovered to compensate her for h...