This article concerns one aspect of the interrelationship between law and equity. The scope of the fiduciary obligations owed by trustees, partners and other fiduciaries whose status is sourced in contract depends substantially, but not wholly, on what that contract has provided. That in large...

As arbitration’s prominence grows in a wide variety of contracts, it is imperative to ensure fairness with respect to its use and procedures. However, the proposed Arbitration Fairness Act (AFA) may be too rash in its blanket ban on pre-dispute arbitration agreements in employment, consumer,...

Torture may be a justifiable technique in ticking bomb cases, but these are too improbable to call for a relaxation of the prohibition on torture. Torture is mostly used without justification and the collateral costs of giving it official approval are too great. However, there should be a...

This article examines the industrial action provisions of the Fair Work Act 2009 (Cth) in the context of international labour standards which protect the right to strike, particularly the International Labour Organisations’ Freedom of Association and Protection of the Right to Organise...

Human rights values have an ever-growing impact on contemporary societies. However, socio-economic rights remain the poor cousins of their civil and political counterparts. Recent “revitalization” of the key international socio-economic rights instruments, along with the emergence of new...

This article assesses what contribution supplementary measures might make in the face of a legislated emissions trading scheme. The proposed Australian Carbon Pollution Reduction Scheme is discussed briefly to outline the essential features of this Scheme. Then measures such as renewable energy...

This article assesses the prospects for liable entities under Australia’s proposed Carbon Pollution Reduction Scheme (CPRS) to rely on international and domestic offset credits. This is crucially important for liable entities as, under the CPRS, they must surrender a permit for every tonne of...

In this article, the author builds on previous work in the area of electricity restructuring to pay special attention to proposals to privatise the electricity sector in New South Wales, Australia. The privatisation initiative is assessed in the context of moving to a low carbon economy under an...

In this paper, we argue that during recent periods of welfare state retrenchment, new immigrants generally have experienced greater levels of restriction on their social rights when compared with long-term migrants and citizens. However, the extent of new immigrants’ social rights (here social...

The general assumption that underlines Richard Posner’s argument in his book Not a Suicide Pact is that decisions concerning rights and security in the context of modern terrorism should be made by balancing competing interests. This assumption is obviously correct if one refers to the most...