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Civil procedure : commentary and materials (3rd ed.)
No full textThis book provides a comprehensive analysis of the practical and theoretical issues encountered in Australian civil procedure, including alternative dispute resolution. Each chapter features in-depth questions and notes together with lists of further reading to aid understanding of the issue. It also examines and discusses each substantive and procedural step in the trial process. Topics include jurisdiction of a court to consider a matter, alternative dispute resolution. limitations of actions, commencing proceedings, pleading, gathering evidence, trial and appeal, costs and practice directions. The procedures in the Supreme Courts of each of the states and Territories are covered, as well as those of the Federal Court of Australia
Civil Procedure : Commentary and Materials (2nd ed)
No full textThis book provides a comprehensive analysis of the practical and theoretical issues encountered in Australian civil procedure, including alternative dispute resolution. Each chapter features in-depth questions and notes together with lists of further reading to aid understanding of the issue. It also examines and discusses each substantive and procedural step in the trial process. Topics include jurisdiction of a court to consider a matter, court adjudication under an adversarial system, alternative dispute resolution. limitations of actions, commencing proceedings, pleading, gathering evidence, trial and appeal, costs and enforcement. Each of the state, territory and federal procedures is covered
Civil procedure : Commentary and materials
No full textThis book provides a comprehensive analysis of the practical and theoretical issues encountered in Australian civil procedure. Each chapter features in-depth questions and notes together with lists of further reading to aid understanding of the issue. It also examines and discusses each substantive and procedural step in the trial process. Topics include jurisdiction of a court to consider a matter, limitations of actions, commencing proceedings, service, interlocutory proceedings, pleading, gathering evidence, trial and appeal, costs and practice directions. Each of the state, territory and federal procedures is covered
Civil procedure : commentary and materials (4th ed)
No full textThis book provides a comprehensive analysis of the practical and theoretical issues encountered in Australian civil procedure, including alternative dispute resolution. Each chapter features in-depth questions and notes together with lists of further reading to aid understanding of the issue. It also examines and discusses each substantive and procedural step in the trial process. Topics include jurisdiction of a court to consider a matter, alternative dispute resolution, limitations of actions, commencing proceedings, pleading, gathering evidence, trial and appeal, costs and practice directions. Each of the state, territory and federal procedures is covered
Civil Procedure : Commentary and Materials (5th ed.)
No full textThis book provides a comprehensive analysis of the practical and theoretical issues encountered in Australian civil procedure, including alternative dispute resolution. Each chapter features in-depth questions and notes together with lists of further reading to aid understanding of the issue. It also examines and discusses each substantive and procedural step in the trial process. Topics include jurisdiction of a court to consider a matter, alternative dispute resolution. limitations of actions, commencing proceedings, pleading, gathering evidence, trial and appeal, costs and practice directions. Each of the state, territory and federal procedures is covered
Gender Quotas on Boards - Is It Time for Australia to Lean In?
Get PDFThis article examines whether Australia should introduce a gender quota on ASX 200 boards. Although existing institutional arrangements favour voluntary initiatives, Australia may be at a critical juncture where two factors — the public, pragmatic nature of the statutory regulation of corporations in Australia and the current salience of gender as a political issue —may favour the introduction of a quota. In particular, Australian policy-makers may be amenable to change by observing initiatives from other jurisdictions. It is argued that we should maintain a healthy scepticism about functionalist arguments such as the business case for women on boards. Rather, we should invoke enduring justifications such as equality, parity and democratic legitimacy to support a quota. The optimal design of an Australian gender board quota will be also be explored
Blue Asbestos and Golden Eggs: Evaluating Bankruptcy and Class Actions as Just Responses to Mass Tort Liability
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The legal relationship between the Australian Stock Exchange and listed companies
Get PDFThis article will examine the legal relationship between the Australian Stock Exchange (ASX) and listed companies. It will be argued that the legal framework of this relationship is so indeterminate as to raise the question of whether it creates a binding obligation upon either the ASX or listed companies. The indeterminacy of the framework is caused in part by an assumption that contract forms te basis of the relationship. That assumption will be disputed. The assumption has given rise to two distinct approaches by the judiciary in interpreting the listing relationship. One approach - the narrow school - tends to deny the efficacy of both the contract and the legal framework built upon it. By contrast, the wide school embraces the assumption as to the efficacy of the contract. In the result, the legal obligations arising from the relationship are very unclear. There have been various attempts by the legislature to bolster the operation of the contract, such as the enactment of s 777 of the Corporations Law and its predecessors. The most recent example is the passage of the Corporate Law Reform Act 1994. This Act uses the listing rules as the basis of the obligation upon listed companies to make disclosures under the continuous disclosure regime. It will be argued that these provisions only build upon the quandry and create further but dependent obligations which are confounded by the indeterminacy of the core
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