Research Publications and Outputs: Recent submissions
-
The Chapter III courts: The evolution of Australia's federal judiciary
Published 1995Under Chapter III of the Australian Constitution, Parliament has created a series of federal courts, the functions of which are to adjudicate claims through the application of federal and State laws. The authors chronicle ...Open AccessArticle -
Will combating phoenix activity stifle genuine restructuring activity?
Published 2019The Treasury Laws Amendment (Combating Illegal Phoenixing) Bill 2019 (Cth) was introduced into Parliament in mid-February 2019. The Explanatory Memorandum to the Bill explains that it aims to "improve the mechanisms ...Open AccessArticle -
Split Deposits - Again
Published 2007One of the most effective remedies for vendors on termination for the purchaser's default is to forfeit the 10% deposit paid on exchange. It is not unusual, though, to encounter contracts where the vendor has agreed to ...Open AccessArticle -
Commercial imperatives and public benefit: Recognising commercial purposes as charitable purposes
Published 2018The Non-Charitable Purpose (NCP) trust has stood as a challenge to the concept of the traditional charitable trust through its rejection of the charitable purpose and public benefit requirements. Yet various jurisdictions ...Open AccessArticle -
Due process and rule of law as human rights: The High Court and the "offshore" processing of asylum seekers
Published 2011A central message delivered by the High Court in Plaintiff M61/2010E v Commonwealth; Plaintiff M69 of 2010 v Commonwealth is that Australia’s Constitution and common law tradition do provide some guarantees against ...Open AccessArticle