This article considers whether the common law can be developed by analogy to statute. Part I examines how attitudes across the common law world have shifted towards recognising
a stronger interrelationship between statute and the common law, paving the way for the recognition of analogical reasoning to statute in Australia. [...]
A new wave of authoritarianism appears to have emerged in recent years, with widespread restrictions on fundamental freedoms hindering the capacity of civil society in many
places. But how should this apparent trend, often referred to as ‘shrinking civic space,’ be conceptualised? How do those affected by it understand the term, [...]
In the year 2020, Australia’s engagement with international law was oriented around several key areas. In relation to the International Criminal Court (‘ICC’), Australia
submitted amicus curiae observations relating to the Court’s jurisdiction over Palestine. [...]
This thesis seeks to improve our understanding of interactions between statute and the common law. It also seeks to improve our understanding of the law of secured transactions
over personal property, by determining whether we can better understand the Personal Property Securities Act 2009 (Cth) (‘PPSA’) through examining its relationship [...]
Over recent years, dozens of legal challenges have been instituted in response to government action during the COVID-19 pandemic. While public health orders have been challenged
on several grounds, few cases have succeeded. Fewer cases still have called into question decisions made by the Therapeutic Goods Administration (TGA) to approve [...]
In the debate on the place of victims in international criminal proceedings, the 'search for truth' takes centre stage as an important concern of victims, international criminal
tribunals and the wider international community. However, the various claims about the importance of telling and receiving the truth for different parties at such [...]
An independent judicial system improves the quality of justice. The Constitutional Court tests laws against the constitution and has invalidated many laws of the House of Representatives.
The research method employed is the normative juridical approach, formulated and advanced following theoretical principles. [...]
Current Traditional litigation in courts is still considered as the main dispute resolution forum for civil disputes. However, as a result of the digital revolution of society,
traditional litigation has become very slow, expensive, formal, and complex. To meet the requirement of the digital age regarding the resolution of disputes, Online [...]
Enhancing legal compliance towards corporate anti-corruption has become a tendency to assure corporate operation sustainable. Corruption that jeopardizes construction supervision,
project management, operation maintenance remains a governance challenge in public construction and procurement. [...]
