Sydney Law School: Recent submissions
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Trustees’ Indemnities and Fiduciary Duties: The High Court Appeal in Naaman v Jaken Properties Australia Pty Ltd
Published 2024The High Court of Australia appeal in Naaman v Jaken Properties raises the question whether a successor trustee owes a ‘fiduciary duty’ to the former trustee to not destroy, jeopardise or diminish the former trustee’s right ...Open AccessArticle -
The Selection of a Defective Major Premise
Published 2023In a common law system of reasoning, there is no definitive method to identify the correct legal rule, or major premise, from which there proceeds the reasoning to the result. At a more fundamental level, there are also ...Open AccessArticle -
Virtual criminal courts and remote advocacy
Published 2024How does the increasing use of audiovisual links (‘AVL’) impact advocacy? Given the developing significance of AVL and special measures in criminal courts, such as the use of pre-recorded out-of-court statements and remote ...Open AccessArticle -
Implied limitations on legislative power in the United Kingdom
Published 2006The ban on fox-hunting in the United Kingdom provoked large protests and a number of legal challenges. The English Court of Appeal and the House of Lords, while upholding the validity of the Hunting Act 2004 (UK), added ...Open AccessArticle -
The Fijian coup cases: The Constitution, reserve powers and the doctrine of necessity
Published 2009If a coup d'état, of necessity, overturns the rule of law, then it is both unusual and potentially self-defeating for a court to rule on its legality. That is why cases on coups are both rare and the object of fascination. ...Open AccessArticle