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The Effect of the Advent of the Mixed-Member Proportional Voting System Upon the Role of the Governor-General of New Zealand 混合成员比例投票制的出现对新西兰总督角色的影响
The Bond Law Review Pub Date : 2003-08-07 DOI: 10.2139/SSRN.420028
N. Cox
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引用次数: 0
Arbitration of Matrimonial Property Disputes 夫妻财产纠纷仲裁
The Bond Law Review Pub Date : 1900-01-01 DOI: 10.53300/001C.5337
J. Wade
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引用次数: 2
Amici Curiae and Access to Constitutional Justice in the High Court of Australia 法庭之友和在澳大利亚高等法院获得宪法司法的机会
The Bond Law Review Pub Date : 1900-01-01 DOI: 10.53300/001C.5565
E. Willheim
{"title":"Amici Curiae and Access to Constitutional Justice in the High Court of Australia","authors":"E. Willheim","doi":"10.53300/001C.5565","DOIUrl":"https://doi.org/10.53300/001C.5565","url":null,"abstract":"I begin with the deliberatively provocative proposition that the approach of the High Court of Australia to amicus applications in constitutional cases is fundamentally flawed. Why? Because the Court determines amicus applications from the narrow perspective of adversarial litigation. This perspective fails to give adequate and necessary recognition to the Court’s role as Australia’s final appellate court and Australia’s constitutional court. It fails adequately to recognise the Court’s lawmaking function. Most importantly, it fails adequately to recognise the broader dimensions of constitutional litigation as public interest litigation affecting the wider community. On this basis, the questions the Court should properly address are whether it is in the public interest that the proposed amicus submissions be heard, in particular, whether they are relevant and important and whether there is any good reason why the amicus application should not be allowed. The High Court Rules and the Court’s procedures should be adapted to facilitate rather than obstruct amicus applications.","PeriodicalId":165934,"journal":{"name":"The Bond Law Review","volume":"68 5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129329880","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
Mining leases in Queensland and their impact on native title 昆士兰的采矿租约及其对土著所有权的影响
The Bond Law Review Pub Date : 1900-01-01 DOI: 10.14264/c026a43
D. Yarrow
{"title":"Mining leases in Queensland and their impact on native title","authors":"D. Yarrow","doi":"10.14264/c026a43","DOIUrl":"https://doi.org/10.14264/c026a43","url":null,"abstract":"We look to the High Court to clarify the law where uncertainty exists and to resolve disputes in the law when differences arise. In other words, we look for leadership and guidance from the High Court. Should the High Court fail to provide leadership and guidance the law is left to flounder. This is precisely what is happening in Australia with the law on hearsay and the recognition of new hearsay exceptions. Simply stated -the law is a mess. The recent decision of the High Court in Bannon v The Queen highlights the problem.","PeriodicalId":165934,"journal":{"name":"The Bond Law Review","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129181318","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The High Court and Minority Shareholders 高等法院和少数股东
The Bond Law Review Pub Date : 1900-01-01 DOI: 10.53300/001C.5275
V. Mitchell
{"title":"The High Court and Minority Shareholders","authors":"V. Mitchell","doi":"10.53300/001C.5275","DOIUrl":"https://doi.org/10.53300/001C.5275","url":null,"abstract":"extract] The judgments have largely reinstated the views underlying the three traditional British cases in this area, namely, Brown v British Abrasive Wheel Co, Dafen Tinplate Co v Llanelly Steel Co and Sidebottom v Kershaw, Leese & Co. These cases stand for the principle that it is not permissible, in the absence of a specific statutory power, for the majority to alter the articles so that it can, simply for its own benefit, eliminate the minority. This short article examines the legal and intellectual bases for the judgments and concludes there is both a proper purpose test and a concept of fairness which are being appealed to by the High Court. A number of issues are referred to briefly, including the High Court's treatment of views on shares as an item of property, their view on section 180(3) of the Corporations Law and some possible implications for the future.","PeriodicalId":165934,"journal":{"name":"The Bond Law Review","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121693505","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
New Directions in the Law of Employment Termination 劳动终止法的新方向
The Bond Law Review Pub Date : 1900-01-01 DOI: 10.53300/001C.5194
A. Stewart
{"title":"New Directions in the Law of Employment Termination","authors":"A. Stewart","doi":"10.53300/001C.5194","DOIUrl":"https://doi.org/10.53300/001C.5194","url":null,"abstract":"","PeriodicalId":165934,"journal":{"name":"The Bond Law Review","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126556311","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
A Personal Recollection 个人回忆
The Bond Law Review Pub Date : 1900-01-01 DOI: 10.1007/978-0-387-79061-9_4247
John Kearney Qc
{"title":"A Personal Recollection","authors":"John Kearney Qc","doi":"10.1007/978-0-387-79061-9_4247","DOIUrl":"https://doi.org/10.1007/978-0-387-79061-9_4247","url":null,"abstract":"","PeriodicalId":165934,"journal":{"name":"The Bond Law Review","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133660493","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Institutional dichotomies: The Solicitor-General in Sri Lanka 体制的二分法:斯里兰卡的副检察长
The Bond Law Review Pub Date : 1900-01-01 DOI: 10.53300/001C.5582
Danielle Ireland-Piper
{"title":"Institutional dichotomies: The Solicitor-General in Sri Lanka","authors":"Danielle Ireland-Piper","doi":"10.53300/001C.5582","DOIUrl":"https://doi.org/10.53300/001C.5582","url":null,"abstract":"On 31 March 2011, the United Nations Secretary-General’s panel of experts handed down a report on ‘Accountability in Sri Lanka’. Among other things, the report observed that the Attorney-General’s Department in Sri Lanka suffers from a lack of independence from the President. Further, the Department plays a dual role both advising the government and functioning as the public prosecutorial agency. The Sri Lankan Solicitor-General is part of this Department, and is therefore either paralysed by, or a product of, these institutional dichotomies. This article will seek to explain the role of the Solicitor-General in Sri Lanka, and the controversial relationship between the Attorney-General’s Department and the President. It will briefly explore the historical context, identify the appointment process, and describe the current functions of the Sri Lankan Solicitor-General. It will argue that the Solicitor-General cannot be both public prosecutor and government advisor, and perform either role with integrity. Therefore, the Solicitor-General in Sri Lanka should be established as an independent statutory office, and the prosecutorial function should be transferred to a separate government agency, rather than under the President.","PeriodicalId":165934,"journal":{"name":"The Bond Law Review","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128845337","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Corporations Law Workbook Second Edition by Lorraine Griffiths, The Law Book Company, Sydney, 1994 《公司法手册第二版》，洛林·格里菲斯著，法律图书公司，悉尼，1994年
The Bond Law Review Pub Date : 1900-01-01 DOI: 10.53300/001C.5253
J. Farrar
{"title":"Corporations Law Workbook Second Edition by Lorraine Griffiths, The Law Book Company, Sydney, 1994","authors":"J. Farrar","doi":"10.53300/001C.5253","DOIUrl":"https://doi.org/10.53300/001C.5253","url":null,"abstract":"This is a second edition of the book first published in 1992. This book review is available in Bond Law Review: http://epublications.bond.edu.au/blr/vol6/iss1/7 CORPORATIONS LAW WORKBOOK SECOND EDITION BY LORRAINE GRIFFITHS, THE LAW BOOK COMPANY, SYDNEY, 1994 By Jehr~ Farrar Dean Bond University This is a second edition of the book first published in 1992. The new edition is by Lorraine Griffiths on her own. It has been revised in the light of the Corporate Law Reform Act 1992. This has particular impact on the chapters on directors and on corporate insolvency. Chapter 22 \"which was formerly \"Schemes of Arrangement, Receivership and Liquidation\" is now\" \"Arrangements with Creditors, Receivership and Liquidation\" and there has been added a new chapter on Partnership. I find the book useful. On a number of matters it does not go into enough detail but it highlights things in a very clear way and contains some useful information and documentation, it has proved useful in revising tutorial questions for use in the LLB.","PeriodicalId":165934,"journal":{"name":"The Bond Law Review","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123750227","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Investment Court System or 'Regional' Dispute Settlement? The Uncertain Future of Investor-state Dispute Settlement 投资法庭制度还是“区域性”争端解决?投资者-国家争端解决的不确定未来
The Bond Law Review Pub Date : 1900-01-01 DOI: 10.53300/001C.5663
U. Ghori
{"title":"Investment Court System or 'Regional' Dispute Settlement? The Uncertain Future of Investor-state Dispute Settlement","authors":"U. Ghori","doi":"10.53300/001C.5663","DOIUrl":"https://doi.org/10.53300/001C.5663","url":null,"abstract":"","PeriodicalId":165934,"journal":{"name":"The Bond Law Review","volume":"697 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130744177","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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