Fines and damages are the principal sanctions of criminal, civil and regulatory law. Yet in law it does not matter who pays money sanctions. Damages overwhelmingly are paid by insurers and the cost of insurance premiums loaded into commodity prices and thus dispersed among consumers. Fines are...

In the long battle against corruption, the last 20 years or so has yielded a number of international legal and institutional initiatives -- most notably, the OECD Bribery Convention and the UN Convention Against Corruption; regional anti-corruption conventions (in both Africa and the Americas);...

In this chapter I use sole parents in Australia as a focus to examine what it would mean to take a gendered, human rights approach to interpreting the international law right to social security. While this approach supports the ongoing provision of social security in the form of cash transfers...

This paper, an edited and footnoted transcript of a presentation at a research Centre of Excellence at Hokkaido University, looks at the influence of “responsive regulation” theory on the large-scale “Australian Consumer Law” reforms enacted in 2010. It outlines some frameworks developed...

In 2005, Professor Phillipa Weeks published an insightful chapter entitled ‘Employment Law – A Test of Coherence Between Statute and Common Law' in S Corcoran and S Bottomley (eds) Interpreting Statutes. That chapter examined the emergence, development and ultimate emasculation of an implied...

For the poor, finance is always about much more than economics. In practical as well as philosophical terms it is a matter of basic human rights. As the dust begins to settle on the global financial crisis it is certain that all economies will suffer, but it is in the poorest, least developed...

Judicial interviews with children in contested parenting proceedings are an uncommon and contentious practice in Australia and many other common law jurisdictions. While there has been some debate about the merits and risks of such a practice among professionals and academic commentators, there...

Judicial interviews with children in contested parenting proceedings are an uncommon and contentious practice in Australia and many other common law jurisdictions. This article reports on a study of the views of Australian judges concerning talking with children in chambers. Most judges were...

Is it the case that the law, in order to be fully legitimate, must not only be adopted in a procedurally correct way but must also comply with certain substantive values? In the first part of the article I prepare the ground for the discussion of legitimacy of democratic laws by considering the...