Articles tagged as Australian Law

This selection of academic papers covers the legal system of Australia and contains, essays, dissertations and case summaries which may be of interest to Australian law students or those studying Australian laws from outside Australia.

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Australian Law

Latest Law Papers tagged as Australian Law

Including law essays, dissertations, problem questions, case summaries, and law lectures, suitable for law students working towards their LLB / LLM qualifications or those studying for the new SQE.

What is an Employee - Employment Law Essay

Employment Law

It has always been problematic to define an employee. The consequences of being an employee can have far reaching consequences for both employee and employer. Many employers use the wording “independent contractor” to avoid the responsibility that arises from the employer employee relationship....

Last modified: 11th Jan 2024

Rickards v Lothian - 1913

Case Summaries

Natural versus non-natural use of land, domestic water supply, malicious act of third party. The claimant rented premises on the second floor of a building which was used for commercial purposes and ran a business from the premises he was renting....

Last modified: 28th Oct 2021

Yanner v Eaton [1999]

Case Summaries

The appellant was an indigenous hunter who killed two animals in a creek for his own consumption. He was later charged with taking ‘fauna’ from the area without a license, contrary to statute....

Last modified: 28th Oct 2021

Overseas Tankship v Morts Dock - 1961

Case Summaries

The court held that Overseas Tankship (UK) Ltd could not be held liable to pay compensation for the damage to the wharf. This case disapproved the direct consequence test in Re Polemis and established the test of remoteness of damage....

Last modified: 5th Oct 2021

Overseas Tankship v Miller Steamship (Wagon Mound Case)

Case Summaries

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 to the oil becoming mixed with cotton debris, which was subsequently ignited by the sparks coming off some nearby welding works....

Last modified: 5th Oct 2021

McRae v Commonwealth Disposals Commission

Case Summaries

The complainant, McRae, won a tender from the defendants, Commonwealth Disposals Commission, to retrieve an oil tanker that was on Jourmaund Reef near Samarai. However, when the complainant went to the location, after laying out significant expenses for the salvage, they discovered that in fact there was no oil tanker....

Last modified: 4th Oct 2021

Legal Issues in Social Agreements and Contract Law

Contract Law

Case examples covering legal issues in social agreements and offer and acceptance under contract law....

Last modified: 30th Sep 2021

Australia's Legal System

Australian Law

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....

Last modified: 28th Sep 2021

Tort of Negligent Misstatement

Contract Law

The tort of negligent misstatement is defined as an “inaccurate statement made honestly but carelessly usually in the form of advice given by a party with special skill/knowledge to a party that doesn’t possess this skill or knowledge”....

Last modified: 24th Sep 2021

Pre Incorporation Contract

Contract Law

A pre-incorporation contract refers to a contract where one party of the contract is a company that is yet to be incorporated....

Last modified: 22nd Sep 2021

Principles of Natural Justice and Bias from Preconceived Notions

Constitutional Law

The principle of natural justice or fairness is the sine qua non of a democratic government. Bias is the idea that a judge may have “preconceived ideas” concerning the case before them....

Last modified: 22nd Sep 2021

Unascertained Goods and Specific Goods Cases

Contract Law

Unascertained goods are goods not specifically identified at the time a contract of sale is made. Specific goods are goods specifically identified at the time a contract of sale is made....

Last modified: 22nd Sep 2021

Postal Rule of Acceptance

Contract Law

This paper examines the creation, development and application of the postal rule of acceptance in contract law....

Last modified: 20th Sep 2021

Difference Between Offer and Invitation to Treat

Contract Law

Clients and contractors should have a clear understanding of the rules of offer and acceptance and the invitation to treat in order to have a contract....

Last modified: 20th Sep 2021

Types of Business Ownership, Sole Proprietorship and Partnership

Company Law

The sole proprietorship receives all profits and is legally required to bear and satisfy all losses personally. The sole proprietorship is personally liable for debts of the business. So that, the sole proprietorship has unlimited liability to repay amounts owing, or debts, of the business....

Last modified: 31st Aug 2021

Principle of the Separation of Powers

Constitutional Law

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....

Last modified: 23rd Jun 2021

Schemes of Arrangement and Takeover Bids

Business Law

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....

Last modified: 11th Jun 2021

Tort Law Civil Wrongdoings | LawTeacher

Tort Law

Tort law is a body of law that addresses, and provides remedies for, civil wrongs not arising out of contractual obligations ...

Last modified: 26th Feb 2021

Doyle v Olby - 1969

Case Summaries

The complainant, Mr Doyle, decided to purchase an Ironmonger’s business from the defendants, Olby (Ironmongers) Ltd. He purchased the business for......

Last modified: 4th Jan 2021

Australian Broadcasting Corporation v Lenah Game Meats

Case Summaries

The respondent operated a possum meat processing plant in Tasmania. It sought an injunction to prevent the appellant from......

Last modified: 30th Dec 2020

Protecting the Land Rights of Aboriginal Inhabitants

Australian Law

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....

Last modified: 4th Dec 2020

Legislation to Criminalise the Financing of Terrorism

Criminal Law

Australian’s first reaction was the amendment of the Criminal Code in 2002 to include the offence of financing terrorism....

Last modified: 17th Oct 2019

The Assumption of Responsibility Can Be Considered

Contract Law

In January 2003, Transfield Shipping Inc of Panama (Transfield) chartered The Achilleas from the Mercator Shipping In......

Last modified: 11th Oct 2019

A Tort of Breach of Privacy

Constitutional Law

This paper argues that a tort of breach of privacy should be established in Australian law as the current statutory and common laws are ......

Last modified: 20th Aug 2019

Principle of Corporations Law

Company Law

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...

Last modified: 20th Aug 2019