In his keynote address to the annual conference of the Insolvency Practitioners Association of Australia (IPAA), October 2006, Justice Austin reviews the law concerning the fiduciary duties of external administrators, especially voluntary administrators appointed under Part 5.3A of the...

This article considers how the current High Court of Australia is approaching the issue of commercial construction of contracts by considering several recent cases. The article argues that the High Court has not taken advantage of opportunities to develop the concept of commercial construction....

The language of common European constitutional identity is distinguishable from that of common European constitutional traditions, in that the former does not focus so centrally on the past, and is independent of the legal doctrinal language of the EU law. When discussing constitutional...

Australia will become the world's largest LNG producer by 2018. This Chapter explores the development of the Australian LNG industry. It then analyses some of the legal and commercial issues currently being experienced by the Australian LNG industry. In particular, it will evaluate the legal...

This paper seeks to understand what is to be regulated in market failure. Where the paper benefits but diverges from Polanyi’s analysis is to explore the global self-regulatory markets of today and to suggest that his differentiation of fictitious from socially-sustained (embedded) market...

Considerable debate surrounds the appropriate mix of policies to drive fishing-led development among developing nations in the South Pacific. While South Pacific Small Island States have since the 1970s been committed to a policy of tuna-industry domestication, serious doubts have emerged as to...

Australia recently enacted welfare-to-work reforms for sole parents, the partially disabled and the long-term unemployed. At the same time, it enacted labour law reforms which dismantled labour law award protections in favour of 'individual bargaining'. This paper argues that the combined effect...

Australian tax drafting is now a small distinctive enclave within the larger realm of legislative drafting because the tax system has been chosen as the site for a novel drafting project. This has been done in the apparent belief that changing the choice and organisation of words within the tax...

The convergence/divergence debate at the turn of this decade was often underpinned by the assumption of a unified and cohesive common law governance model, which would (or, for path dependence theorists, would not) form the point of convergence of corporate governance regimes around the...