Subject ("Australia") - Results - Gale Academic OneFile

Select PRESERVING THE CONSTITUTIONAL FUNCTION OF COURTS AND INCREASING CONFIDENCE IN THE TAX SYSTEM: TIME TO RECONSIDER FUTURIS.

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PRESERVING THE CONSTITUTIONAL FUNCTION OF COURTS AND INCREASING CONFIDENCE IN THE TAX SYSTEM: TIME TO RECONSIDER FUTURIS.

Author:John AzziFrom:Melbourne University Law Review (Vol. 43, Issue 1) Peer-Reviewed

Wntr 202017,621 words Article 2310LFocusing on the discretionary power to amend an assessment at any time where the Commissioner is 'of the opinion there has been fraud or evasion', this article argues that the increasingly prevalent practice in the...

Select From Parker to the Australia Acts: Sir Victor Windeyer and the Short-Lived Triumph of the Independent Australian Britons.

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From Parker to the Australia Acts: Sir Victor Windeyer and the Short-Lived Triumph of the Independent Australian Britons.

Author:Mark LunneyFrom:Current Legal Problems (Vol. 74)

Annual 202114,925 words Article 1830L1. Introduction In 1986, the last vestiges of Australia's imperial common law past was eradicated by the passage through the Commonwealth, State and Westminster Parliaments of the Australia Acts. (1) Eminent judges...

Select Casualties of the domestic 'war on terror': a review of recent counter-terrorism laws

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Casualties of the domestic 'war on terror': a review of recent counter-terrorism laws

Author:Joo-Cheong ThamFrom:Melbourne University Law Review (Vol. 28, Issue 2) Peer-Reviewed

Aug. 20049,828 words Article [This article reviews three recent counter-terrorism laws, namely, the Criminal Code Amendment (Hamas and Lashkar-e-Tayyiba) Act 2003 (Cth), the ASIO Legislation Amendment Act 2003 (Cth) and the Criminal Code Amendment...

Select Industrial law, working hours, and work, care and family

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Industrial law, working hours, and work, care and family

Author:Anna ChapmanFrom:Monash University Law Review (Vol. 36, Issue 3) Peer-Reviewed

Dec. 201015,607 words Article 1850LI INTRODUCTION In feudal England, work was not physically or temporally separate from other daily activities, which all took place within the household. That household was likely to comprise married couples and their...

Select Litigants and Legal Representatives: A Study of Special Leave Applications in the High Court of Australia

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Litigants and Legal Representatives: A Study of Special Leave Applications in the High Court of Australia

Authors:Pam Stewart and Anita StuhmckeFrom:Sydney Law Review (Vol. 41, Issue 1) Peer-Reviewed

Mar. 201914,820 words Article 1700LAbstract This article presents the findings of the first systematic and comprehensive study to probe a substantial tranche of applications for special leave to appeal to the High Court of Australia. Special leave to...

Select Striking gold offshore with Australia's tax information gathering powers: alchemy or evolution?

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Striking gold offshore with Australia's tax information gathering powers: alchemy or evolution?

Authors:Michael Dirkis and Brett BondfieldFrom:Journal of Australian Taxation (Vol. 15, Issue 1-2)

January-December 201313,541 words Article 2040LIncluded in the law introducing the first Commonwealth income tax in 1915 were provisions which conferred on the Commissioner of Taxation wide powers of investigation and to gather evidence. They were introduced at a...

Select Bargaining in a Vacuum? An Examination of the Proposed Class Exemption for Collective Bargaining for Small Businesses.

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Bargaining in a Vacuum? An Examination of the Proposed Class Exemption for Collective Bargaining for Small Businesses.

Authors:Tess Hardy and Shae McCrystalFrom:Sydney Law Review (Vol. 42, Issue 3) Peer-Reviewed

Sept. 202015,711 words Article 2030LAbstract The Australian Competition and Consumer Commission ('ACCC') is on the cusp of introducing a class exemption for collective bargaining for small businesses. This development is not just novel in the context...

Select Houldsworth: an obsolete piece in the legislative puzzle

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Houldsworth: an obsolete piece in the legislative puzzle

Authors:Marina Nehme and Margaret HylandFrom:University of Western Sydney Law Review (Vol. 12) Peer-Reviewed

Annual 200811,905 words Article I. Introduction Modern Australian companies operate within a complex matrix of legislation, common law, business norms and policy considerations. The existing regulatory regime is difficult to navigate, given the...

Select REVIEWING THE REVIEWER: THE ROLE OF THE PARLIAMENTARY JOINT COMMITTEE ON INTELLIGENCE AND SECURITY - CONSTRUCTING OR CONSTRICTING TERRORISM LAW REVIEW?

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REVIEWING THE REVIEWER: THE ROLE OF THE PARLIAMENTARY JOINT COMMITTEE ON INTELLIGENCE AND SECURITY - CONSTRUCTING OR CONSTRICTING TERRORISM LAW REVIEW?

Author:Greg CarneFrom:Monash University Law Review (Vol. 43, Issue 2) Peer-Reviewed

Sept. 201726,005 words Article 2050LI INTRODUCTION In 2014, the Abbott Government, in following up national security reforms initiated by its predecessor (1) and in responding to the rise of Islamic State and its variants and the issue of foreign...

Select Effective regulation by the Australian Securities and Investments Commission: the civil penalty problem

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Effective regulation by the Australian Securities and Investments Commission: the civil penalty problem

Author:Vicky CominoFrom:Melbourne University Law Review (Vol. 33, Issue 3) Peer-Reviewed

Dec. 200913,868 words Article 1990L[This article focuses on the Australian Securities and Investment Commission's ('ASIC's) original and primary role as the regulator of corporate laws to determine whether it is an effective regulator. 'Effective'...

Select Before the High Court: Re Robert John Day AO: section 44(v) of the Australian Constitution revisited

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Before the High Court: Re Robert John Day AO: section 44(v) of the Australian Constitution revisited

Authors:Oscar I. Roos and Benjamin B. SaundersFrom:Sydney Law Review (Vol. 39, Issue 1) Peer-Reviewed

Mar. 20176,487 words Article 1970LAbstract In February 2017, the High Court of Australia will sit as the Court of Disputed Returns in Re Day to consider five questions referred to it by the Australian Senate about s 44(v) of the Australian...

Select THE IMPORTANCE OF A LEGISLATIVE FRAMEWORK FOR CO-OPERATION AND COLLABORATION IN THE TWIN PEAKS MODEL OF FINANCIAL REGULATION.

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THE IMPORTANCE OF A LEGISLATIVE FRAMEWORK FOR CO-OPERATION AND COLLABORATION IN THE TWIN PEAKS MODEL OF FINANCIAL REGULATION.

Authors:Gerda Van Niekerk and Corlia Van HeerdenFrom:South African Law Journal (Vol. 137, Issue 1) Peer-Reviewed

Mar. 202016,335 words Article 1870LThe enactment of the Financial Sector Regulation Act 9 of 2017 ('the FSR Act') on 21 August 2017 marks the first stage of South Africa's transition from a sectoral to a Twin Peaks model of financial regulation. On 1...

Select Regulating the regulators: accountability of Australian regulators

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Regulating the regulators: accountability of Australian regulators

Author:Joanna BirdFrom:Melbourne University Law Review (Vol. 35, Issue 3) Peer-Reviewed

Dec. 201115,777 words Article 1720L[This article examines the accountability of Australian regulators, focusing on the Australian Securities and Investments Commission and the Australian Prudential Regulation Authority. It defines what is meant by...

Select 'HONEST, FAIR, TRANSPARENT AND TIMELY'? EXPERIENCES OF AUSTRALIANS WHO MAKE CLAIMS ON THEIR BUILDING, HOME CONTENTS OR COMPREHENSIVE CAR INSURANCE POLICIES.

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'HONEST, FAIR, TRANSPARENT AND TIMELY'? EXPERIENCES OF AUSTRALIANS WHO MAKE CLAIMS ON THEIR BUILDING, HOME CONTENTS OR COMPREHENSIVE CAR INSURANCE POLICIES.

Authors:Evgenia Bourova, Ian Ramsay, and Paul AliFrom:Monash University Law Review (Vol. 46, Issue 3) Peer-Reviewed

Dec. 202022,438 words Article 2020LIn Australia, building, home contents and comprehensive car insurance are regarded as 'essential' financial products. Yet the limited research on the experiences of consumers who claim against these policies highlights...

Select Update on the strategic review of Attorney-General's portfolio agencies

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Update on the strategic review of Attorney-General's portfolio agencies

Authors:Sharnee Moore and Rachel CarsonFrom:Family Matters (Issue 90)

Summer 2012275 words Brief article 1500LOn 8 June 2012, Federal Attorney-General Nicola Roxon (2012c) announced the release of the Strategic Review of Small and Medium Agencies in the Attorney-General's Portfolio: Report to the Australian Government (Skehill...

Select Lacunae and litigants: a study of negligence cases in the High Court of Australia in the first decade of the 21st century and beyond

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Lacunae and litigants: a study of negligence cases in the High Court of Australia in the first decade of the 21st century and beyond

Authors:Pamela Stewart and Anita StuhmckeFrom:Melbourne University Law Review (Vol. 38, Issue 1) Peer-Reviewed

Aug. 2014 Article 1760L

Select The ring of fire: Foreign State Immunity in Firebird Global Master Fund II Ltd v Republic of Nauru

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The ring of fire: Foreign State Immunity in Firebird Global Master Fund II Ltd v Republic of Nauru

Author:Timothy GortonFrom:Australian International Law Journal (Vol. 22) Peer-Reviewed

Annual 20154,726 words Article 1710LI Introduction and Background In June 2012, fund manager Firebird Global Master Fund II Ltd ('Firebird') registered a judgment of the Tokyo District Court in the Supreme Court of NSW. (1) The judgment was against the...

Select Migrant smuggling, criminal fault and the legal status of Australia: PJ v The Queen.

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Migrant smuggling, criminal fault and the legal status of Australia: PJ v The Queen.

Author:Duncan WallaceFrom:Monash University Law Review (Vol. 39, Issue 1) Peer-Reviewed

Mar. 201316,205 words Article 1900LIn PJ v The Queen, the Victorian Court of Appeal clarified the fault elements of the offence of 'aggravated people smuggling' in the Migration Act 1958 (Cth). The consequence of this case is that the prosecution is now...

Select Legislative Constitutional Baselines.

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Legislative Constitutional Baselines.

Author:Lael K. WeisFrom:Sydney Law Review (Vol. 41, Issue 4) Peer-Reviewed

Dec. 201916,465 words Article 1650LAbstract 'Constitutional baselines' are interpretive tools that are widely used in constitutional reasoning, although often implicit and unarticulated. They provide standards for measure that enable courts to evaluate...

Select Mabo and the Valuation Vibe: Substantive Equality in the Timber Creek Compensation Case.

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Mabo and the Valuation Vibe: Substantive Equality in the Timber Creek Compensation Case.

Author:Thomas DewsFrom:Sydney Law Review (Vol. 43, Issue 3) Peer-Reviewed

Sept. 202110,621 words Article 2080LAbstract The High Court of Australia's decision in Northern Territory v Griffiths (2019) 269 CLR 1 ('the Timber Creek compensation case') provided long-awaited judicial guidance on the operation of the compensation...

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