A question periodically arises in the context of both international and domestic commercial arbitration, as to whether a court should stay or alternatively refuse to stay proceedings in the court in order to avoid or minimise a multiplicity of proceedings – arbitral and curial – focusing on...

Brand appropriation litigation in Australia centres on one or more claims of trade mark infringement, breach of s18 of the Australian Consumer Law (formerly s52 of the Trade Practices Act), and commission of the tort of passing off. At the core of these actions is an allegation that the consumer...

This paper reviews the litigation between Cadbury and Darrell Lea concerning the use of the colour purple in marketing chocolate products in Australia. At the time of the conduct in question, Cadbury had not registered uses of the colour purple as trade marks, and indeed Cadbury has yet to...

Australia's governments have and continue to implement measures to lower green house gas emissions. The two principal federal policies are a Renewable Energy Target which aims to source 20% of electricity from renewable energy sources by 2020, and the Carbon Pollution Reduction Scheme, which...

Sustainable housing policies are potentially significant in minimising carbon emissions and other environmental costs. Their fundamental objectives are to reduce energy and water consumption. This paper examines the role of regulatory and fiscal instruments - principally mandatory building codes...

This paper investigates the extent to which coastal shipping is being under-utilised in the carriage of freight in Australia; and if so, whether this failing can be ameliorated by changes to taxation, fiscal and other government policies. If it is being under-utilised, then this has adverse...