Volume 32

Issues 2009
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General / Thematic: Forum 15(1): Reforms in Competition Law

April 2009

General

Articles:

Indigenous Traditional Knowledge, Copyright and Art Shortcomings in Protection and an Alternative Approach

Erin Mackay


Human Trafficking and Sexual Servitude in Australia

Andreas Schloenhardt, Genevieve Beirne and Toby Corsbie


Australian Citizenship and the Independence of Papua New Guinea

Peter M McDermott


Tying Kable Down: The Uncertainty about the Independence and Impartiality of State Courts Following Kable v DPP (NSW) and Why it Matters

Brendan Gogarty and Benedict Bartl


What is Good for the Goose Should be Good for the Gander: The Operation of the Rome Statute in the Australian Context

Pauline Collins


A Theoretical Basis for Selective Disclosure Regulation

Gill North


The High Court on Constitutional Law: The 2008 Term

Pamela Tate SC


The High Court on Constitutional Law: the 2008 Statistics

Andrew Lynch and George Williams


Living in the Law [Speech]

Hal Wootten AC QC


Book reviews:

Rediscovering Rhetoric: Law, Language and the Practice of Persuasion: Justin T Gleeson SC and Ruth C A Higgins (eds)

The Hon John Basten


Administrative Law in a Changing State: Essays in Honour of Mark Aronson: Linda Pearson, Carol Harlow and Michael Taggart (eds)

Nicola Franklin

Thematic

Articles:

Editorial

Rushmila Alam


Foreword

Frederick G Hilmer AO


What’s to Know? The Proposed Cartel Offence

Alex Steel


From Coal Vend to Basic Slag: Winning the Hearts and Minds?

Ian Tonking SC


Unjustified Per Se Criminal and Civil Liability under the Trade Practices Act 1974 (Cth) for Supply Agreements between Competitors

Brent Fisse


Third Line Forcing: Has the Problem Gone Away?

Deborah Healey


The 2008 ACCC Merger Guidelines: How and Why Have They Changed?

Stephen P King


Recent Changes to the Australian Merger Control Regime – How the Changes Have Operated in Practice

Dave Poddar


The Re-Emergence of Prices Surveillance

David Cousins AM and Allan Fels AO


Subjecting Competition Law Exemptions to a Rule of Reason: New Zealand Courts Push at the Boundaries of Statutory Interpretation

Ian Eagles and Louise Longdin

Thematic: Saving the System: Law and Regulation after the Credit Crunch

Jul 2009

Articles:

Foreword: Welcome to the Real World

Michael Kirby


How the American Dream became a Global Nightmare: An Analysis of the Causes of the Global Financial Crisis

Michael Legg and Jason Harris


The Intellectual Foundations of the Global Financial Crisis: Analysis and Proposals for Reform

Cynthia A Williams and Frank Jan De Graff


Diversity and Resilience: Lessons from the Financial Crisis

Ankoor Jain and Cally Jordan


Dancing the Derivative Deux Pas, The Financial Crisis and Lessons for Corporate Governance

Janis Sarra


The Global Financial Crisis and the Financial Stability Board: Hardening the Soft Law of International Financial Regulation?

Douglas Arner and Michael W Taylor


Regulating Investment Risk: Individuals and the Global Financial Crisis

Dimity Kingsford Smith


The Lehman Minibonds Crisis in Hong Kong: Lessons for Plain Language Risk Disclosure

Andrew Godwin


The Export Credit Renaissance: Challenges for Ecologically Sustainable Development in the Global Economic Crisis

Scott Hickie


Debt-for-development Exchanges: An Innovative Response to the Global Financial Crisis

Ross Buckley

General / Thematic: Forum 15(2): Class Actions

Nov 2009

General

Articles:

The Wages of Sin: Compensation for Indigenous Workers

Margaret Thornton and Trish Luker


‘An Interventionist, Paternalistic Jurisdiction’? The Place of Statutory Wills in Australian Succession Law

Rosalind Croucher


Access to Justice for Discrimination Complainants: Courts and Legal Representation

Beth Gaze and Rosemary Hunter


Civil and Family Law Needs of Indigenous People in New South Wales: The Priority Areas

Chris Cunneen and Melanie Schwartz


Protections in Relation to Dismissal: From the Workplace Relations Act to the Fair Work Act

Anna Chapman


Teachers Reporting Suspected Child Sexual Abuse: Results of a Three-State Study

Benjamin Mathews, Kerryann Walsh, Mehdi Rassafiani, Des Butler and Ann Farrell


The Days of the Failed Collective: Communal Ownership, Individual Ownership and Township Leasing in Aboriginal Communities

Leon Terrill


Companion Animals: Members of the Family or Discarded Objects?

Steven White

Thematic

Articles:

Editorial

Zhiyan Cao


Foreword

The Hon Chief Justice Robert French


Ten Years Since King v GIO

The Hon Justice Michael Moore, Federal Court of Australia


Some Current Practical Issues in Class Action Litigation

The Hon Justice Kevin Lindgren, Federal Court of Australia


Entrepreneurs and Figureheads: Addressing Multiple Class Actions and Conflicts of Interest

Michael Legg


Causation in Securities Class Actions

Ross Drinnan and Jenny Campbell


The Case for Market-based Causation

Andrew Watson and Jacob Varghese


Investor Loss From Securities Non-disclosure: A Statutory Presumption of Causation on the Canadian Model?

Michael Duffy


Current Issues Relating to Mediation of Shareholder Representative Proceedings in Australia

Michael Lee and Dale Bampton


Challenges in Cartel Class Actions

Rebecca Gilsenan and Brooke Dellavedova


The Past, Present and Future of Product Liability and Other Mass Tort Class Actions in Australia

S Stuart Clark and Christina Harris


Funding Criteria for Class Actions

John Walker, Susanna Khouri and Wayne Attrill


The Victorian Law Reform Commission’s Class Action Reform Strategy

Vince Morabito