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...

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...

This paper assesses the present state of good faith as a concept used in the resolution of contractual disputes under Australian law. Its thesis is that the current law is incoherent due to the wide variety of views expressed in the cases and the failure to integrate good faith within principles...

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...

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....

This article uses the context of tort reform legislation to trace the impact of legislation on the principles and operation of tort law, and to analyse the continuing role of the common law in an age of statutes. Broad legislative reforms raise a number of questions of statutory interpretation...

The introduction of proportionate liability for claims for purely economic loss and property damage arising out of tortious or contractual negligence, or misleading and deceptive conduct by corporations and others, will change the way litigation will be planned and conducted in Australia, as it...

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...