{"title":"Observations on Anecdata about Costs in Australian Constitutional Cases","authors":"S. Lloyd","doi":"10.53300/001C.5562","DOIUrl":"https://doi.org/10.53300/001C.5562","url":null,"abstract":"The topic of my paper is premised upon there being some ‘anecdata’ on the subject of costs in Australian constitutional cases. I am then asked to make observations on this anecdata. This led me to want to identify what is ‘anecdata’. I sought to answer this in the modern manner, by googling the word. A range of meanings were identified. Following this research, the next task was to collate and compile my information/stories so that I can present it in a manner that suggests that it is serious research and/or to look like actual scientific data.","PeriodicalId":165934,"journal":{"name":"The Bond Law Review","volume":"33 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":"132296371","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}
{"title":"Databases for Australian Legal Research","authors":"John Prebble Qc, C. Smith","doi":"10.53300/001C.5494","DOIUrl":"https://doi.org/10.53300/001C.5494","url":null,"abstract":"This note comprises a series of schedules listing databases that are useful for people conducting legal research in Australia. The note’s objective is to make it easier for people who know approximately what they are looking for to identify an appropriate database to search.","PeriodicalId":165934,"journal":{"name":"The Bond Law Review","volume":"48 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":"123689814","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}
{"title":"Can Contract Law Protect Individual Rights and Preferences","authors":"B. Sangha, Bob Moles","doi":"10.53300/001C.5306","DOIUrl":"https://doi.org/10.53300/001C.5306","url":null,"abstract":"extract] The issue which we wish to examine in this article concerns contractual rights related to personal preferences. By this, we mean a contract which stipulates a preference, but to which no commercial value can be attached. Suppose, for example, I state in my requirements for a contract, that bricks of a certain type are to be used in a building. After the building has been completed, it is realised that bricks of another type have been used. Now it may well be that the bricks which have been used are just as robust as the ones I stipulated for, and indeed, many may think them to be more attractive. If I compare the value of the building as built, with the building as specified in the statement of requirements, there may be no difference. So I cannot argue that I have been given something of lesser commercial value. Yet if I ask the builder to take the building down and rebuild it using the bricks as specified (at the builder’s expense) I might well be met with the argument that the extra cost is out of proportion to the benefit which I could possibly gain.","PeriodicalId":165934,"journal":{"name":"The Bond Law Review","volume":"96 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":"124991302","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}
{"title":"Access to Constitutional Justice: Opening Address","authors":"Mason Ac Kbe, S. Anthony","doi":"10.53300/001C.5555","DOIUrl":"https://doi.org/10.53300/001C.5555","url":null,"abstract":"The theme of this symposium is accessing constitutional justice which is also the subject of Patrick Keyzer’s challenging book, Open Constitutional Courts . There are many strands to this theme. Of these strands, the papers in this symposium concentrate on existing limitations to access to constitutional justice and generally favour a relaxation of them, a sentiment with which I agree. Access to the courts for the enforcement of provisions of the Constitution has, however, been impeded in various ways. Rules relating to standing, the position of amici curiae, the requirements of justiciability and limitations on the concept of judicial power, especially those arising from the concept of ‘matter’ in Ch III of the Constitution, as well as the cost of litigation, have restricted access to the courts for constitutional relief. These rules have been strongly influenced by several factors. They include (i) the traditional view that the judicial process involves the adjudication of a controversy which results in the determination of the existence of a right or duty asserted by one or more parties against another or others; (ii) the perceived need to protect the courts from an invasion of meddlesome busybodies and; (iii) a misplaced belief in the willingness of the Attorney-General to represent the community’s interest in upholding the law. The traditional view failed to accommodate the special considerations which apply to access to constitutional justice.","PeriodicalId":165934,"journal":{"name":"The Bond Law Review","volume":"30 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":"131726544","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}
{"title":"A Chinese Perspective on Corporate Governance","authors":"Yuwa Wei","doi":"10.4324/9780203078365-12","DOIUrl":"https://doi.org/10.4324/9780203078365-12","url":null,"abstract":"extract] A corporation must have internal organs to form and express its will, to organise business, to supervise the implementation of its will. We call this kind of internal management corporate governance. Corporate governance is a new and challenging area to the Chinese. This is because the concept and structure of the modern corporation are so different from those of classical enterprises or state owned enterprises in a planned economy. The structural differences between various economic organisations are determined by distinct property rights.","PeriodicalId":165934,"journal":{"name":"The Bond Law Review","volume":"10 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":"130216134","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}
{"title":"Genuine Links Beyond State and Market Control: The Sale of Citizenship by Investment in International and Supranational Legal Perspective","authors":"Michael B. Krakat","doi":"10.53300/001C.5668","DOIUrl":"https://doi.org/10.53300/001C.5668","url":null,"abstract":"This article introduces Citizenship by Investment (‘CBI’) as exceptional municipal legal mechanisms that allow anyone to directly purchase citizenship from a selling state for a substantial monetary contribution. States that sell citizenship assume complete control, expose, and may ultimately give up control over citizenship. CBI simply means ‘cash for passports’ as direct, immediate naturalizations, which heightens mobility and pre-supposes multiple citizenship, without (or with negligible) actual physical residence requirements. CBI is marketed as ‘global citizenship’. It creates a flexible, transactional citizenship, operating within an emerging tripartite nexus of states, citizens, and global markets for citizenship and residence entitlements. The orthodox view is that CBI schemes exist as marginal phenomena in isolation from the rest of citizenship, limited in personal and territorial application to the ultra-wealthy philanthropists and to small island states. In search of ‘neo-Nottebohmian’ ‘genuine links’ beyond state sales and global market control, this article argues that CBI laws are in fact complex agents of change, and that the concept of the genuine link has now been transformed and is to be re-envisioned in times of globalization. CBI’s existence requires us to rethink citizenship’s positioning within the international law community. In the laws of CBI, consideration should be given to factors that contribute to the greater good. CBI mechanisms may become available for all, whether wealthy or poor, as members of humanity.","PeriodicalId":165934,"journal":{"name":"The Bond Law Review","volume":"100 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":"128483834","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}
{"title":"Equitable Estoppel: Defining the Detriment – A Reply to Denis Ong","authors":"M. Pratt","doi":"10.53300/001C.5347","DOIUrl":"https://doi.org/10.53300/001C.5347","url":null,"abstract":"extract] I have advanced the outlines of an expectation theory of estoppel elsewhere. However, it is a thesis for which I was unable to supply much doctrinal support. The weight of judicial opinion seemed to me to fall clearly on the side of the reliance thesis. But Dr Ong thinks otherwise. According to Ong, the expectation thesis of estoppel finds ample support in the judgment of Dixon J in Grundt v Great Boulder Proprietary Gold Mines Limited. This is venerable authority indeed. It is the locus classicus on the doctrine of estoppel by conduct, both in Australia and in England. But it cannot be conscripted to the cause of the expectation thesis. In the first part of this reply I show that Ong’s reading of Grundt is mistaken. In the second part I criticise his attempt to draw support for the expectation thesis from the law governing equitable relief for breach of contract.","PeriodicalId":165934,"journal":{"name":"The Bond Law Review","volume":"13 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":"130840095","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}
{"title":"'A Philosophy of Intellectual Property' by Peter Drahos, Applied Legal Philosophy Series, Dartmouth, 1996, 257 Pages.","authors":"W. V. Caenegem","doi":"10.53300/001C.5288","DOIUrl":"https://doi.org/10.53300/001C.5288","url":null,"abstract":"This long awaited book by Peter Drahos is quite deliberately entitled 'a' philosophy of intellectual property. It is not simply a history of the philosophy of intellectual property, but presents Drahos' own understanding and model of an underlying philosophical framework. However, Drahos' method is one of frequent reference to, and interaction with, historical schools of thought: his own philosophical contribution is thoroughly contextualised. This book review is available in Bond Law Review: http://epublications.bond.edu.au/blr/vol8/iss2/7","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":"133732949","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}
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