Tag: Australian Law

Articles

Principle of the Separation of Powers
23rd Jun 2021
Introduction: The separation of powers is a constitutional principle introduced to ensure that the three major institutions of the state namely; the legislative, the executive and the judiciary are not concentrated in any single body whether in functions, personnel or powers....

Schemes of Arrangement and Takeover Bids
11th Jun 2021
Introduction: This paper outlines and reviews the validity of schemes of arrangements and compares it with the formal takeover bid, in particular Chapter 6 of the Corporations Act. This paper aims to do this by pinpointing the various attitudes and views of legal commentators and regulators....

Tort Law Civil Wrongdoings | LawTeacher
26th Feb 2021
Introduction: Tort law is a body of law that addresses, and provides remedies for, civil wrongs not arising out of contractual obligations ...

Doyle v Olby - 1969
4th Jan 2021
Introduction: The complainant, Mr Doyle, decided to purchase an Ironmonger’s business from the defendants, Olby (Ironmongers) Ltd. He purchased the business for......

Protecting the Land Rights of Aboriginal Inhabitants
4th Dec 2020
Introduction: The decision made for Mabo (NO. 2) case in 1992 lawfully recognized the legal right of Aboriginal inhabitants, successfully prompting the implement of the Native Title Act in 1993....

Rickards v Lothian - 1913
14th Oct 2019
Introduction: The claimant rented premises on the second floor of a building which was used for commercial purposes and ran a business from the......

A Tort of Breach of Privacy
20th Aug 2019
Introduction: This paper argues that a tort of breach of privacy should be established in Australian law as the current statutory and common laws are ......

Principle of Corporations Law
20th Aug 2019
Introduction: A fundamental principle of corporation’s law is that a corporation is a separate legal person who is liable for its own actions. This principle suggests that a corporation should take responsibility...

Legal Advice on Mobile Phone Contracts
20th Aug 2019
Introduction: Facts I have been asked to advise Terry, a 17 Year Old boy who wanted a mobile phone. After selecting the carrier ‘Cheap to Talk’ and ......

Harding v Wealands
20th Aug 2019
Introduction: This question proceeds on the assumption that I have been instructed by the defendant in Harding v Wealands[1]....

Did Parties Intend to Be Legally Bound
20th Aug 2019
Introduction: To establish a contract we need to identify an agreement; offer-acceptance, intention to be bound and an exchange of consideration. For Robbie to ......

Details of Payment as Penalty for Delay
20th Aug 2019
Introduction: Abstract The Western Australian Supreme Court of Appeal was called upon to decide on a provision of NIL DOLLARS liquidated damage in a ......

Australian Common Law
20th Aug 2019
Introduction: Australian Common Law. The law seeks to protect consumers in many ways. In addition to giving them civil law rights in tort and contract, it also regulates the conduct of business to ensure that consumers are not taken advantage of. But because of today's continuous increasing number of businesses....

Damages for Delay in Project Completion
20th Aug 2019
Introduction: Abstract The Western Australian Supreme Court of Appeal was called upon to decide on a provision of NIL DOLLARS liquidated damage in a contract ......

Analysing the Australian Health Care System
20th Aug 2019
Introduction: Introduction The National Health and Hospital Reform Commission report for Australia is based on three important tenets that in a nut shell summari......

Defination of Merchantable Quality
19th Aug 2019
Introduction: According to the Probert Encyclopedia of Money, the ‘merchantable quality’ term refers to an implied condition regards about the state ......

Unascertained and Specific Goods Cases
19th Aug 2019
Introduction: According to law.jrank.org, the definition for unascertained goods is the goods that are not specifically identified at the time a contract ......

Implied Term in the Employment Contract
16th Aug 2019
Introduction: The purpose of this paper is to explain whether there is an implied term in the employment contract that the employer owns the inventions of an......

Case of Giller vs Procopets Australian Tort Law
16th Aug 2019
Introduction: The case of Giller versus Procopets tries to look into the Australian law of Torts and how the Australian legal system is mechanized to deal with various torts an example being the intentional infliction......

Duress and Force in Contract Law
16th Aug 2019
Introduction: Contract law elucidates the obligations of parties involved in the contract process. Contract law in Australia involves two branches of ......

Negligence and Duty of Care in Sports
16th Aug 2019
Introduction: Our case is about Frank, a football lover who frequently attended games in the local stadium. On one occasion the soccer ball was kicked into the ......

Penfold v Westcote
15th Aug 2019
Introduction: The defendant said the following about the claimant: “Why don’t you come out you blackguard rascal, scoundral, Penfold, you are a thief”....

CASE STUDY 3 Problem 1
14th Aug 2019
Introduction: Last Christmas Mark received a board game as a present. Mark has no interest in such a game and since he owes his cousin Mandy $1000, Mark asks......

Whether Mario has a Contract
14th Aug 2019
Introduction: With reference to case law, analyze each communication between Mario and Lee and explain whether Mario has a contract with Wood Ovens Pty ......

To Act on Companys Behalf Entering Contract
14th Aug 2019
Introduction: Corporations Act s 124 states that once a company is registered, it is granted the legal capacity and powers of an individual, which includes ......

Equity’s Not So Clean Hands
14th Aug 2019
Introduction: By Tarrek Naji Historically equity does not punish, and further more it is not a punitive jurisdiction. Punitive damages are ones which punish and......

Unconscionable Conduct in Australia
14th Aug 2019
Introduction: Abstract: The ever expanding consumer population has found ways of redress according to legislation and general law in Australia. This ......

An Employee or Independent Contractor
14th Aug 2019
Introduction: Is Guinevere an employee? What is the nature of the relationship between Guinevere and Magic Computers? Is Guinevere an employee or independent ......

An Erroneous Belief at Contracting
12th Aug 2019
Introduction: In contract law, mistakes in law are a group of rules in English contract law, which happen to share the same title. A mistake is an erroneous ......

Prime Objective of Registering a Company
12th Aug 2019
Introduction: A prime objective of registering a company is to execute a business with the third party or with the contractor. In order to conduct a business with outsiders, a company should execute a contract with the outsiders. As mentioned in s124 of Corporation Act 2001...

The Material Facts of the Tabcorp Case
12th Aug 2019
Introduction: Case: Tabcorp Ltd v Bowen Investments Pty Ltd A) Provide a summary account of the material facts of the Tabcorp case and its progression from the o......

Family Provisions – 'moral duty/claim'
12th Aug 2019
Introduction: The idea of freedom of testation is a relatively short-lived and flawed notion that as holders of property rights, such freedom to do with this......

Exceptions to the Parol Evidence Rule
8th Aug 2019
Introduction: Most of the contractual disputes concern the parties’ rights and obligations under the contract. To resolve this kind of disputes the courts ......

Tort of Negligent Misstatement
8th Aug 2019
Introduction: AREA OF LAW TORTS- NEGLIGENT MIS-STATEMENT PRINCIPLES OF LAW A tort can be defined as a wrongful act or omission which gives rise to a civil ......

Implied Terms in the Employment Contract
8th Aug 2019
Introduction: Staff in the course of employment usually creates inventions. Employer usually owns the ownership of the invention created by employees ......

Pre Incorporation Contract
8th Aug 2019
Introduction: A pre-incorporation contract refers to a contract where one party of the contract is a company that is yet to be incorporated. The key issue in ......

Existing Duty Rule in Australian Law
8th Aug 2019
Introduction: Australian law, derived from the commonwealth law with addition of its own has been in place ever since the settlement of Captain Arthur Phillip ......

The Promises
8th Aug 2019
Introduction: The promises, made between at least two parties to express the willingness to do or not to do certain things are basically deemed as agreements....

Specific Terms Such As Consideration, Capacity, Intention
8th Aug 2019
Introduction: Contract is form by specific terms such as consideration, capacity, intention and also genuine consent. Among all of these terms there also sub topic under each specific terms that we previously mention that are important in the......

Estoppel in the Australian Law System
8th Aug 2019
Introduction: Table of Contents INTRODUCTION Promises can be considered as special in our society because to keep a promise is the moral thing to do. In human ......

Should Australia become a Republic?
8th Aug 2019
Introduction: Both republicans and monarchists have marked their opportunity in their own way after defeated in the referendum on a republic in 1999. John .....

Legal Rights and Liability of Parties
8th Aug 2019
Introduction: In advising the parties, as to their legal rights and liability, I will discuss the different hypothesis which arises within each situation....

Offer and Acceptance Analysis Formula
8th Aug 2019
Introduction: The offer and acceptance formula, developed in the 19th century, identifies a moment of formation when the parties are of one mind. This classical ......

Contract Exists as Either Verbal or Written
8th Aug 2019
Introduction: Introduction Contract is form by specific terms such as consideration, capacity, intention and also genuine consent. Among all of these terms ......

Comparing English and French Legal Systems
8th Aug 2019
Introduction: “Legal systems are there to determine what will happen when people have disputes. Legal rules are also there so people can order their lives in ......

Dealing With Work Place Discrimination
7th Aug 2019
Introduction: When an employee is treated differently or less favorably from the other at the same place of work – it is discrimination. Discrimination ......

Driving Whilst Intoxicated
7th Aug 2019
Introduction: Driving Whilst Intoxicated. Debate on the topic of drink driving as a criminal offence is intense, divided and passionate. Some scholars like, Thomas Aquinas believed that intoxication was to some extent a defence, whereas Aristotle thought the punishment should be quite harsh......

Unlawful Discrimination At Workplace
7th Aug 2019
Introduction: Under federal and state legislation, discrimination happens when someone or a group of people is treated less favourably than the other person ......

What is in Fact Economic Loss
7th Aug 2019
Introduction: ABSTRACT Let us begin with the question: What is in fact 'economic loss' for which a party, individual or a company, is liable under law? The ......

The Special Wives Equity Predicament
7th Aug 2019
Introduction: The special wives equity has always been somewhat of a predicament in the law of contract, often debated about its relevance in society today ......

Postal Rule of Acceptance
7th Aug 2019
Introduction: Abstract This paper examines the creation, development and application of postal rule of acceptance. Postal rules are exceptions of offer ......

Sydney Opera House Construction Project
7th Aug 2019
Introduction: The story of the Sydney Opera house is one that started as a fairy tale, had a tragic middle and is emerging as a tale of reconciliation and love of art and creative work....

Principles of Natural Justice
7th Aug 2019
Introduction: The principle of natural justice or fairness is the sine qua non of a democratic government. Principles of natural justice includes: (a) Rule ......

An Enquiry into the Prisoners' Right to Vote
7th Aug 2019
Introduction: Imprisonment must remain as a means to an end and not an end in itself. Punishment should be a means to reform and not to alienate. The object of ......

Difference Between Offer and Invitation
7th Aug 2019
Introduction: A contract is an agreement between the contractor and the client which is binding in law. Clients define the project objectives, schedule ......

Equitable Remedies Prevent or Redress Harm
7th Aug 2019
Introduction: Equitable remedies seek to prevent or redress harm caused by the breach of equitable and legal principles. Unlike the common law remedy of ......

Law of Negligence
7th Aug 2019
Introduction: The federal Government commissioned a major review of the law of negligence....

Who An Employee Is
7th Aug 2019
Introduction: It has always been problematic to define an employee. The consequences of being an employee can have far reaching consequences for both employee ......

Principles of Restraints of Trade
7th Aug 2019
Introduction: Introduction Bulldogs Rugby League Club Ltd & anor v Williams & ors gave the Court another opportunity to consider the principles of Restraints ......

Anti Social Behavior
7th Aug 2019
Introduction: The subject of anti-social behaviour has received a great deal of attention from politicians and within the media in recent years....

Impact of Defamation Laws
7th Aug 2019
Introduction: The current defamation laws in Australia aims to protect and balance reputation and freedom of speech of individuals in the society. These current laws have been thoroughly investigated on how fair the outcomes they provide are to the key stake holders; the law, plaintiff and defendant....

Contract Termination for Minor Breach
7th Aug 2019
Introduction: Where a term is classified as a condition, any rupture of the term, paying little mind to the results, gives the honest party a privilege to end the agreement....

Corporate Governance is Business Practice
6th Aug 2019
Introduction: Question: Corporate Governance has been the mantra for good business practice. Discuss the legal issues in the recent financial crisis of the major rollback of corporate governance....

Protecting the Human Rights in Australia
6th Aug 2019
Introduction: Human rights are fundamental rights which protect mankind where all humans are entitled with the rights to speak and live in both liberty and ......

The Concept of Judicial Independence
6th Aug 2019
Introduction: In a liberal republican democracy, judicial independence functions to set out and also protect political rights, civil liberties and also the rule ......

Cybercrime Laws in Australia
6th Aug 2019
Introduction: This article covers a brief description about various laws related to data security and breaches in Australia and their evolutions....

Commercial Bank of Australia v Amadio
6th Aug 2019
Introduction: Abstract: The ever expanding consumer population has found ways of redress according to legislation and general law in Australia. This was ......

Courts Role and Environmental Rights
6th Aug 2019
Introduction: The environment is the resource base for all life and is the basis on which many of our fundamental rights depend (EDO NSW and EDO Victoria, 2009), as humans we have the right to live in a clean and healthy environment, with clean water and unpolluted air....

What is Restraint of Trade?
6th Aug 2019
Introduction: Introduction Restraint of trade refers to the contract ties the trading activities of either party after its determination . Restraint of trade cla......

The Need for a Lex Arbitri
6th Aug 2019
Introduction: Arbitration refers to the settlement of a dispute between two or more persons after hearing the parties in a quasi-judicial manner by persons ......

Cases Concerning Members Rights
6th Aug 2019
Introduction: If a person plans to generate money by being able to establish a business which is anticipated to fulfill such goals, there are many available choices such ......

Director Duties ASIC v Adler
6th Aug 2019
Introduction: In the case of ASIC v Adler (2002), basically deals with four types of transactions. The main defendants were Rodney Adler (a substantial ......

The Legal Rules of Offer and Acceptance
6th Aug 2019
Introduction: With reference to the legal rules relating to offer and acceptance of a contract, advise the club whether it can claim the joining fee....

Under Age Gambling
6th Aug 2019
Introduction: Mr Ian Gamble who is fifteen years of age has been summonsed to appear at the Local Court for an offence against the Gambling Act. Mr Gamble was ......

How Federalism isn't Working in Australia
6th Aug 2019
Introduction: “Professor Brian Galligan has noted (in A Federal Republic: Australia’s Constitutional Governmental (Cambridge: Cambridge University Press ......

Comparative Company Law Major Report on Mayalsia
6th Aug 2019
Introduction: This report will be highlighting the Malaysian Company Law rules and procedures and also comparing them to the ones enforced in Australia today. Malaysian Company Law on the surface is similar to that of ......

Australia is a Dualist Country
6th Aug 2019
Introduction: Australia is a dualist country – its domestic law does not automatically incorporate public international law. However, international law is influential in many ways on Australian domestic law....

The Business Judgement Rule
2nd Aug 2019
Introduction: INTRODUCTION- The collapses world over shook the trust and reliability of stock holders on the director’s. Obviously leading to the ......

Reforms of the Patents Act
2nd Aug 2019
Introduction: Discuss the validity of patents involving isolated genes and gene sequences with reference to s18 of the Patents Act 1990 (Cth). What, if ......

Should Australia Have A Bill Of Rights?
2nd Aug 2019
Introduction: The question of whether or not Australia should have a bill or charter of rights is both a highly controversial and heatedly debatable topic ......

Recent Reforms Affecting Australia Airlines
2nd Aug 2019
Introduction: The airline industries in Australia have changed rapidly over the past few decades. Since the end of the 1980s many reforms have affected the industry, transforming it from the......

Giving Shareholders More Power
2nd Aug 2019
Introduction: Do you think it is necessary to amend the Corporations Act 2001 (Cth) to give shareholders more power? The recent issue regarding the allocation ......

Case Analysis About the Corporations Act 2001
2nd Aug 2019
Introduction: The Corporations Act 2001 (Cth), that is the Corporations Act (the Act), is an act of the Commonwealth of Australia which provides rules relating ......

The Democratic Policing in Action
2nd Aug 2019
Introduction: Democratic Police Forces are not supposed to be narrow-minded, self contained or disconnected from which the power originates. Openness ......

Schemes v Takeover Bids
23rd Jul 2019
Introduction: It has been identified in numerous papers that schemes of arrangements has become one of the main devices for achieving corporate control ......

Migrants
22nd Jul 2019
Introduction: Evaluate the effectiveness of the legal processes and institutions available to migrants in order to achieve justice....

Company Directors in the UK and Australia
18th Jul 2019
Introduction: ‘There are no qualifications for being a company director. Even directors of listed companies do not have to take any examinations ......

The Sale of Goods Contracts
18th Jul 2019
Introduction: 'Sale of Goods contracts are, without doubt, both the most common and the most important of all commercial contracts.' This statement ......

Apply Ethical Parameters To Nursing Practice
17th Jul 2019
Introduction: A girl named Christine, aged 12 years old has been admitted to hospital for observations and investigation due to a severe episode of abdominal ......

State Immunity Gives Protection
17th Jul 2019
Introduction: Absolute theory is following by the English and Australian court in the 1970s. The absolute theory applied in the case of The Porto Alexander ......

Queensland Abortion Laws
17th Jul 2019
Introduction: Queensland abortion laws are, as described by various lobby groups, “inadequate, unclear and outdated”. By maintaining the abortion provisions...

Overseas Tankship v Miller Steamship
16th Jul 2019
Introduction: The defendant’s ship, ‘The Wagon Mound’, negligently released oil into the sea near a wharf close to Sydney Harbour. An unfortunate chain of events led......

Pym v Campbell - 1856
16th Jul 2019
Introduction: Pym and Campbell signed a written agreement wherein Campbell agreed to purchase three-eighths of the profits to accrue from Pym’s new invention....

Port Jackson Stevedoring v Salmond & Spraggon
16th Jul 2019
Introduction: Goods were unloaded from a ship at a wharf and stored in a near shed which was under the control of the wharf’s stevedore. Thieves dishonestly claimed that......

Popiw v Popiw
13th Jul 2019
Introduction: Mr Popiw contended the arrangement was a domestic agreement between husband and wife and there had been no intention to create legal relations and......

McRae v Commonwealth Disposals Commission
13th Jul 2019
Introduction: The complainant, McRae, won a tender from the defendants, Commonwealth Disposals Commission, to retrieve an oil tanker that was on......

Law of Banking
9th Jul 2019
Introduction: Narni Pty Ltd was a company that managed a private nursing home called the Carrum Nursing Home...

System of Title By Registration
3rd Jul 2019
Introduction: The principle of indefeasibility of title has been said that is the foundation of the Torrens system of title. It is not a system of registration of title but a system of title by registration; this prevents acts of fraudulence done......

Taxation Law
3rd Jul 2019
Introduction: The issues in this case are matters of Question of Law rather than Question of Facts....

Role of Agent
3rd Jul 2019
Introduction: There are many types of businesses nowadays such as joint venture, partnership or association...

Australia's Legal System
3rd Jul 2019
Introduction: Australia�s legal system also known as 'Common law system� is based on the model which was inherited by those countries whose development was influenced by British Colonialism in particular the commonwealth countries and the U.S....

Mortgages Have Attracted the Attention
2nd Jul 2019
Introduction: the Courts and the Parliament in seeking to protect the interests of the mortgagor. Select either historical or contemporary measure/s taken by......

Australian Rules Footballer Injured
2nd Jul 2019
Introduction: A professional Australian rules footballer injured when an opposition player makes physical contact with him in any manner whatsoever is prevented from successfully...

Explain the Rule of Law
28th Jun 2019
Introduction: The rule of law is a legal maxim according to which no one is immune to the law. Rule of law can be the rule of law explains in detail .....

WA Pines v Bannerman - Casenotes
27th Jun 2019
Introduction: The respondent cross-appealed against the original judge’s refusal to strike out another of the paragraphs of the appellant’s statement of claim....

Bulldogs Rugby League Club
26th Jun 2019
Introduction: The case Bulldogs Rugby League Club & Anor v Williams & Ors[1] gave the situation to the court to consider the doctrine of restrain of trade under common law and the Restraints of Trade Act 1976 (NSW).[2]...

Tabcorp v Bowen Investments
26th Jun 2019
Introduction: Bowen Investments Pty Ltd (BIPL) constructed a new office building and installed an expensive high quality foyer. A 10-year lease of the whole building......

Debenture From Legal Aspects
25th Jun 2019
Introduction: Companies generally raise funds by issuing as share capital or through borrowing from lenders. A debenture is one of ways of company borrowing ......

Partnership and Potential Liabilities
25th Jun 2019
Introduction: The issue here is to discuss partnership and potential liabilities and legal rights with partners. The area of Law in this particular problem is that laws on all matters pertaining to Partnership in regard to potential partnership....

Directors Duties Towards Stakeholders
24th Jun 2019
Introduction: It is established that the role of directors and officers under the Corporations Act is to discharge their duties and power to act in the best ......

Appleton v Garrett - Case Summary
18th Jun 2019
Introduction: The claimants were patients of the defendant dentist, who had carried out unnecessary treatment upon them. The defendant had deliberately......

Calverley v Green - Case Summary
18th Jun 2019
Introduction: Mr Calverley and Ms Green were in a de facto relationship, where they were not legally married but had lived together as if they were for 10 years....

Cameron v Murdoch (1986)
17th Jun 2019
Introduction: Proprietary estoppel can be enforced even though the interest is inchoate....

Radaich v Smith [1959]
17th Jun 2019
Introduction: The parties entered in to an agreement which was executed as a deed. The agreement allowed Radaich to occupy......

Calverley v Green
17th Jun 2019
Introduction: Mr Calverley and Ms Green were in a de facto relationship, where they were not legally married but had lived together......

Austin v Keele (1987)
17th Jun 2019
Introduction: The parties, in this case, had a long business arrangement. The case was concerned with the dissolution of a......

Commonwealth of Australia v Verwayen
17th Jun 2019
Introduction: The plaintiff was a naval officer who was injured when two navy ships, the HMAS Voyager and the HMAS Melbourne......

Wright v Gibbons
17th Jun 2019
Introduction: Co-ownership of property and whether a deed transferring a joint tenancy to one of the other joint tenant severed the tenancy....

Bahr v Nicolay (No. 2)
17th Jun 2019
Introduction: The appellant agreed to sell their land to the first respondent, with an option to buy it back later. The first respondent later sold the land......

Scott v Pauly
17th Jun 2019
Introduction: Before a mother died, she had made a will and she had also purchased some property. She had transferred this property......

Yanner v Eaton [1999]
17th Jun 2019
Introduction: The appellant was an indigenous hunter who killed two animals in a creek for his own consumption....

Nelson v Walker (1910)
15th Jun 2019
Introduction: The parties were owners of two contiguous allotments of land (allotments 13 and 12). In 1873, before the owners......

Darlington Futures v Delco - Summary
14th Jun 2019
Introduction: The issue in this case was the validity of both the limitation and exclusion clauses, as well as the court’s approach to ambiguity in both types......

Fairclough v Swan Brewery Co Ltd
14th Jun 2019
Introduction: The appellant bought a hotel from a vendor who held the hotel under a lease which was due to expire in June 1925. The property was mortgaged......

Employment Relations System in Australia
14th Jun 2019
Introduction: Australia evolved from a major white settler colony of the British Empire into industrial capitalist, self-governing federal state with ......

Issues in Australian Administrative Law
7th Jun 2019
Introduction: Administrative law in Australia is complex and might be confusing to the ordinary observer, but so are the government and the laws they seek to regulate. ...