At the crossroads of insolvency and securities law lies the question as to whether defrauded shareholders should rank equally with unsecured creditors in cases involving fraudulent

or misleading behaviour. Important questions arise at this juncture concerning the efficiency, certainty, transparency and fairness of the treatment of such claims [...]

This paper examines franchising regulation in Australia as a case study for the analysis of regulation based on established regulatory theory. A literature review is conducted

to establish and critique the theory of regulation based on the four main areas of established theory; regulatory purpose, regulatory strategies, rulemaking and enforcement. [...]

This dissertation is an historical and philosophical study on the development of a subjective concept of individual rights. It takes the form of a history of ideas informed

by genealogical methods of inquiry. Rather than seeking an origin for and underlying truth to human rights, it treats human rights as a product of various historical [...]

This thesis investigates how the legal system of Saudi Arabia responds to the application of the concept of public policy in the judicial review of international commercial

arbitration awards. This thesis demonstrates the reasons why Saudi courts have refused to recognise and implement foreign awards using the public policy defence. [...]

This thesis seeks to understand the factors that drove the Australian Parliament's response to exceptional national security laws proposed in times of 'crisis'. It employs

case studies, doctrinal analysis, legal history, and literature relating to emergency laws. [...]

The thesis seeks to shed light on the extent to which Sir John Latham's personal or political convictions were a discernible influence on his judicial reasoning in cases on

national security which came before him as Chief Justice of the High Court. Latham held the post from1935 for some 17 years which covered peacetime, World War II [...]

This thesis analyses the legal structure of open banking frameworks of the two leading common-law jurisdictions (Australia and the United Kingdom) to determine whether they

should incorporate legal features equivalent to those which support efficiency and safety in banking payment systems. [...]

This thesis involves an analysis of the constitutional and legal frameworks for the regulation of racial vilification in Australia. In doing so, it has two aims. First, I wish

to discern the constitutional parameters for Australian laws where political communication forms part of the conduct sought to be regulated. [...]

This thesis is a philosophical submission aiming towards the cultivation of a pluralistic jurisprudence. It is animated by the felt need for an equitable accommodation of social

disagreement in legal reasoning. It attends this by focussing specifically on developing an account of value pluralism which can be judicially understood, not as [...]

Abstract My research questions are: With respect to mining payments made pursuant to the Native Title Act 1993 (Cth) (NTA) and the Aboriginal Land Rights (Northern Territory)

Act 1976 (Cth) (ALRA): (a) When are they and when should they be exempt from income tax under income tax law principles? (b) Is the imposition of a mining withholding [...]