Australia and New Zealand have some similarities in their succession law, including high rates of testation. Yet will-substitutes are used widely in both countries. These include joint tenancies, trusts and life insurance. The joint tenancy is an extremely important will substitute as it...

Apologies have become very fashionable both within and outside the legal systems of the world. The common law world has attempted to encourage apologies by the use of protective legislation which aims to reduce litigation. Apologies can also be used as remedies and this article argues that the...

The relationship between tort liability in negligence and insurance is significant, although for most of the twentieth century insurance was ignored in determining liability, despite the massive rise in insurance. Although the determination of liability in negligence typically ignores the...

Aboriginal people in NSW have even more need to make wills than non-Aboriginal people. A burgeoning middle class continues to have traditional family and customary law obligations, while taking on mainstream property and obligations. The standard intestacy regime is inappropriate including...

The aim of this project was to establish the particular needs of Aboriginal people in relation to death and inheritance, with particular focus on NSW. It required both legal and empirical research. Because of the diversity of nations and cultures within Aboriginal communities a range of...

Intestacy laws in Australia are grossly inadequate to deal with the inheritance issues of Indigenous people. This paper sets out some of the considerations which are important if wills are to be drafted to meet these needs. The article considers dealing with kinship issues, guardianship and the...

This paper examines the difficult issues associated with imposing tortious liability on public authorities at common law, focussing her discussion on negligence. It considers the public and private nature of these bodies and their functions, first examining the possible approaches to treatment...

The traditional approach to duty in nervous shock cases required more hurdles to be met than in cases of ordinary physical injury. The feminist critique of these cases demonstrated that these hurdles were created by gendered stereotypes and patriarchal reasoning. The High Court’s changed...