Sydney Law School: Recent submissions
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The Use and Misuse of Metaphors
Published 2024The use of metaphors in legal reasoning has received renewed attention in recent decisions of the High Court of Australia and the UK Supreme Court. Reliance upon metaphor has a history of criticism as apt to confuse and ...Article -
Convergence and Divergence: The Influence of American Constitutionalism on Sir Owen Dixon
Published 2023Sir Owen Dixon’s increasing disillusionment with the state of the English judiciary during his tenure as Justice, and later Chief Justice, of the High Court of Australia is well known. What is less well known is his ...Article -
Knowing Receipt and "Equitable Proprietary Rights": Byers v Saudi National Bank
Published 2024In Byers v Saudi National Bank, the Supreme Court of the United Kingdom delivered judgment in perhaps the last episode in the Akers v Samba saga. While the conclusion might be sound, the path to the conclusion is questionable. ...Article -
Resolving Statutory Overlap in the Superannuation System
Published 2025Australia's national superannuation system enlivens a complex collage of Commonwealth and State laws and regulatory regimes. It therefore provides an opportunity to explore the operation of legislative devices designed to ...Article -
The Nature and Function of the Constitutional Injunction
Published 2024The inclusion of the injunction in s 75(v) of the Constitution has been the source of confusion since Federation. What is its purpose, historical basis, and continuing function? What has been its process of development? ...Article