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Perilous Fires, Pandemics and Price Gouging: The Need to Protect Consumers from Unfair Pricing Practices during Times of Crisis 危险的火灾、流行病和价格欺诈:危机时期保护消费者免受不公平定价行为侵害的必要性
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2021-11-01 DOI: 10.53637/dkyf4495
M. Giancaspro
{"title":"Perilous Fires, Pandemics and Price Gouging: The Need to Protect Consumers from Unfair Pricing Practices during Times of Crisis","authors":"M. Giancaspro","doi":"10.53637/dkyf4495","DOIUrl":"https://doi.org/10.53637/dkyf4495","url":null,"abstract":"Recent crises affecting Australia, including the Black Summer bushfires and Coronavirus pandemic, have devastated social morale and crippled our economy. Countless lives and properties have been damaged or lost. These conditions have inflated demand for basic consumer goods and services, such as hygiene products, staple foods, and utility services. Sadly, some sellers have exploited public desperation, with widespread reports of price gouging. This notorious practice involves pricing high-demand essentials at levels significantly higher than what is commonly considered acceptable, reasonable or fair. This article critically analyses moral and economic arguments surrounding statutory controls before proposing a model law regulating price gouging during times of crisis. It argues that such a law is both essential and easily adaptable to Australia’s consumer law framework. The model law provides a basis for the federal government to consider desperately required change to ensure consumers do not suffer during current crises or those to come.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2021-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45971937","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
To Boldly Go, Part II: Data as the CISG’s Next (but Probably Not Final) Frontier 大胆前行，第二部分:数据作为CISG的下一个(但可能不是最终的)前沿
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2021-11-01 DOI: 10.53637/ntic9846
B. Hayward
{"title":"To Boldly Go, Part II: Data as the CISG’s Next (but Probably Not Final) Frontier","authors":"B. Hayward","doi":"10.53637/ntic9846","DOIUrl":"https://doi.org/10.53637/ntic9846","url":null,"abstract":"The United Nations Convention on Contracts for the International Sale of Goods (‘CISG’) is an international sales law treaty concluded in 1980 and drafted with traditional (physical) goods trade in mind. While a significant body of scholarship has addressed its capacity to govern electronic software transactions, only limited commentary has explored the CISG’s digital application beyond software per se. ‘To Boldly Go, Part I’, this article’s counterpart, developed a specific legal framework for assessing the CISG’s capacity to regulate international trade in non-software data. This article now applies that framework, confirming the CISG is capable of governing non-software data trade, and uses that framework to resolve the currently unsettled question of whether cryptocurrency trade falls within the CISG’s scope. Since non-software data trade is becoming increasingly economically important, this article’s conclusions stand to benefit data traders as well as the practitioners advising them.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2021-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43100976","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
Algorithmic Collusion and Australian Competition Law: Trouble Ahead for the National Electricity Market? 算法合谋与澳大利亚竞争法:全国电力市场的麻烦?
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2021-11-01 DOI: 10.53637/stoa4193
Jeremy D Chan
{"title":"Algorithmic Collusion and Australian Competition Law: Trouble Ahead for the National Electricity Market?","authors":"Jeremy D Chan","doi":"10.53637/stoa4193","DOIUrl":"https://doi.org/10.53637/stoa4193","url":null,"abstract":"This article explores the interaction between the National Electricity Law and potential algorithmic collusion in the National Electricity Market (‘NEM’). Reviewing the current state of Australian competition law, this article concludes that the law does not prohibit algorithmic collusion in the NEM, even though such collusion has serious ramifications for Australian consumers. Despite recent hesitancy to addressing algorithmic collusion, this article argues we cannot afford to ‘wait and see’ and proposes nuanced solutions that appropriately address algorithmic collusion in the NEM. These solutions include a notification regime, a reduction in bidding transparency, and a novel definition to ‘concerted practice’ that would ensure competition law captures tacit and autonomous algorithmic collusion. More generally, the approach in this article highlights the need for market-specific analysis of algorithmic collusion, particularly as the competitive impact of using algorithmic technology depends on the circumstances in which the algorithm is deployed.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2021-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42635568","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
Blurred Lines or Stark Contrasts: Are By-laws to Restrict Short-Term Holiday Letting Permissible in Queensland Community Titles Schemes? 模糊的界限还是鲜明的对比：昆士兰社区产权计划是否允许限制短期假期出租的细则？
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2021-11-01 DOI: 10.53637/fuex9448
Melissa Pocock
{"title":"Blurred Lines or Stark Contrasts: Are By-laws to Restrict Short-Term Holiday Letting Permissible in Queensland Community Titles Schemes?","authors":"Melissa Pocock","doi":"10.53637/fuex9448","DOIUrl":"https://doi.org/10.53637/fuex9448","url":null,"abstract":"Complex laws regulate the development and management of Queensland community titles schemes. Different legislative regimes co-exist, including the Body Corporate and Community Management Act 1997 (Qld) (‘BCCM Act’) and its predecessor, the Building Units and Group Titles Act 1980 (Qld) (‘BUGT Act’). This article considers by-laws under the BUGT Act regulating short-term holiday letting post the decisions in Fairway Island GTP v Redman [2019] QMC 13 and Redman v The Proprietors – Fairway Island GTP 107328 [2020] QDC 68. It compares the BCCM Act and BUGT Act requirements and argues that similarities in by-law making powers under the two may appear to blur the divisions between them. However, the positions under each Act are in stark contrast, rendering the cases distinguishable for BCCM Act schemes, a desirable outcome. The article also explores arguments in favour of self-regulation, and the governmental response in New South Wales, Victoria and Western Australia.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2021-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43723575","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
Still Lagging Behind: Diagnosing Judicial Approaches to ‘Bodily Injury’ Claims for Psychiatric Injury under the Montreal Convention of 1999 仍然落后:根据1999年蒙特利尔公约诊断精神伤害“身体伤害”索赔的司法方法
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2021-11-01 DOI: 10.53637/idln9124
John-Patrick Asimakis
{"title":"Still Lagging Behind: Diagnosing Judicial Approaches to ‘Bodily Injury’ Claims for Psychiatric Injury under the Montreal Convention of 1999","authors":"John-Patrick Asimakis","doi":"10.53637/idln9124","DOIUrl":"https://doi.org/10.53637/idln9124","url":null,"abstract":"International civil aviation is today a mature global industry, without which the modern world is unimaginable. That modern world increasingly recognises, in view of advancing medical science, that the dualist distinction between body and mind is artificial. Yet recent judicial interpretation of the term ‘bodily injury’ in the Convention for the Unification of Certain Rules for International Carriage by Air (‘Montreal’) of 1999 has revalidated this distinction by denying compensation for psychiatric injury in the field of international civil aviation. This article challenges that interpretation by explaining the physical nature of psychiatric injury with reference to medical literature and neuroimaging technologies. It argues that the ordinary meaning of ‘bodily injury’ across Montreal’s authentic texts encompasses psychiatric injury, supporting this construction by examining both Montreal’s travaux préparatoires and its parties’ municipal jurisprudence. After briefly addressing policy concerns, it concludes that national courts may permit recovery for pure psychiatric injury under Montreal.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2021-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41757664","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
Native Title as Displaced Mediator 作为流离失所的调解人的土著头衔
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2021-11-01 DOI: 10.53637/wphs1787
Stephenie Young
{"title":"Native Title as Displaced Mediator","authors":"Stephenie Young","doi":"10.53637/wphs1787","DOIUrl":"https://doi.org/10.53637/wphs1787","url":null,"abstract":"This article considers how native title is a legal manifestation of settler colonialism that operates as a displaced mediator. Using native title cases from Australia and elsewhere, this article argues that native title displaces Indigenous laws, customs, and practices in constructing native title holders as ‘traditional’ to mediate their integration into the so-called ‘modern’ nation. Legal processes construct native title and then retroactively posit that these legal constructions pre-exist the Crown’s acquisition of sovereignty. This provides legal support for the Crown’s acquisition of sovereignty and Aboriginal and Torres Strait Islander peoples who assert native title claims become subjects who aver and reproduce the myth that the Crown acquired sovereignty over them. Native title displaces more unsettling, decolonising practices but produces the appearance of justice through the production of existential and material benefits for its subjects. Northern Territory v Griffiths (2019) 364 ALR 208 (‘Timber Creek’) demonstrates this.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":"1 1","pages":""},"PeriodicalIF":1.3,"publicationDate":"2021-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70624060","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 Efficacy, Equity and Externalities of Australia’s COVIDSafe App as a Policy Intervention during the COVID-19 Pandemic: Was It Sunscreen or Tanning Lotion? 澳大利亚COVIDSafe应用程序在新冠肺炎大流行期间作为政策干预的有效性、公平性和外部性：是防晒霜还是Tanning Lotion？
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2021-11-01 DOI: 10.53637/jbeo1430
J. Selby
{"title":"The Efficacy, Equity and Externalities of Australia’s COVIDSafe App as a Policy Intervention during the COVID-19 Pandemic: Was It Sunscreen or Tanning Lotion?","authors":"J. Selby","doi":"10.53637/jbeo1430","DOIUrl":"https://doi.org/10.53637/jbeo1430","url":null,"abstract":"Digital contact tracing apps, such as the COVIDSafe App in Australia, have been rapidly implemented by many governments as a public policy solution to increase the efficiency of health screening testing during the COVID-19 viral pandemic. This article analyses how the COVIDSafe App’s unresolved efficacy and equity issues and the cybersecurity and privacy externalities it imposes onto Australians have prevented the App from making a significant positive contribution towards reducing the impact of the pandemic in Australia. It attributes some of the failure of Bluetooth-based digital contract tracing apps to their mis-characterisation as a Lessigean ‘code as law’ policy response, arguing instead that such apps are more complex and fragile cyber-physical systems requiring more analysis prior to implementation.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2021-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47995967","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
Comparative and Critical Analysis of Key Eligibility Criteria for Voluntary Assisted Dying under Five Legal Frameworks 五种法律框架下自愿协助死亡关键资格标准的比较与批判分析
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2021-11-01 DOI: 10.53637/juwl9208
B. White, Eliana Close, L. Willmott, Katrine Del Villar, J. Downie, J. Kevin Cameron, Jayne Hewitt, R. Meehan, Laura Ley Greaves
{"title":"Comparative and Critical Analysis of Key Eligibility Criteria for Voluntary Assisted Dying under Five Legal Frameworks","authors":"B. White, Eliana Close, L. Willmott, Katrine Del Villar, J. Downie, J. Kevin Cameron, Jayne Hewitt, R. Meehan, Laura Ley Greaves","doi":"10.53637/juwl9208","DOIUrl":"https://doi.org/10.53637/juwl9208","url":null,"abstract":"Eligibility criteria determine a crucial question for all voluntary assisted dying frameworks: who can access assistance to die? This article undertakes a critical and comparative analysis of these criteria across five legal frameworks: existing laws in Victoria, Western Australia, Oregon and Canada, along with a model Bill for reform. Key aspects of these criteria analysed are capacity requirements; the nature of the medical condition that will qualify; and any required suffering. There are many similarities between the five models but there are also important differences which can have a significant impact on who can access voluntary assisted dying and when. Further, seemingly straightforward criteria can become complex in practice. The article concludes with the implications of this analysis for designing voluntary assisted dying regulation. Those implications include challenges of designing certain yet fair legislation and the need to evaluate voluntary assisted dying frameworks holistically to properly understand their operation.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2021-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46572078","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
The ‘Entrepreneurship Approach’ to Determining Employment Status: A Normative and Practical Critique 确定就业状况的“创业方法”:一种规范和实践的批评
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2021-11-01 DOI: 10.53637/oglb7881
Pauline Bomball
{"title":"The ‘Entrepreneurship Approach’ to Determining Employment Status: A Normative and Practical Critique","authors":"Pauline Bomball","doi":"10.53637/oglb7881","DOIUrl":"https://doi.org/10.53637/oglb7881","url":null,"abstract":"Recently, the concept of entrepreneurship has attracted increased attention in the Australian case law on employment status. Some judges have adopted an ‘entrepreneurship approach’ in determining whether a worker is an employee or an independent contractor, while others have rejected this approach. Although the concept of entrepreneurship has appeared increasingly frequently in the cases, it remains an under-theorised concept. This article critically evaluates the concept from a normative worker-protective perspective. It assesses the entrepreneurship approach by reference to theories of power and vulnerability in the employment relationship, and critically examines cases from the United States of America (‘US’) that illustrate the nature and practical operation of the entrepreneurship approach. The article argues that an entrepreneurship approach that operates in a manner similar to the ‘ABC’ test in the US warrants consideration by those seeking to revitalise the tests for employment status in Australia.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2021-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45847140","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
In the Public Interest: Protections and Risks in Whistleblowing to the Media 公共利益:向媒体举报的保护与风险
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2021-11-01 DOI: 10.53637/wmzr2175
Rebecca Ananian-Welsh, Rosemary Cronin, P. Greste
{"title":"In the Public Interest: Protections and Risks in Whistleblowing to the Media","authors":"Rebecca Ananian-Welsh, Rosemary Cronin, P. Greste","doi":"10.53637/wmzr2175","DOIUrl":"https://doi.org/10.53637/wmzr2175","url":null,"abstract":"Whistleblowing and a free press are vital to facilitating public accountability for powerful institutions and thereby improving integrity across the public and private sectors. But when is a whistleblower permitted to disclose information to the media? Once a whistleblower speaks to a journalist, what protections and assurances will they be entitled to? This article addresses these questions by examining existing protections for private and public sector whistleblowers and, relatedly, journalists’ confidential sources under federal law. In this way, it explores the intersection between whistleblowing and press freedom and reveals gaps and weaknesses in existing legal frameworks.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2021-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42331397","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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