This article briefly describes the legal position in Australia prior to the Ice decision. It then explains the nature of the changes to that position as a consequence of the Ice decision. After dealing with the Ice decision, the recent first-instance decision in Phone Directories will be considered

An ongoing saga concerning the conflict between geographical indications and trade marks in Australia has existed since 1993 in relation to wines. While the implementation of the Australia-US Free Trade Agreement in 2004 has clarified the approach, some grey areas in Australian law currently...

Arbitrators are lead actors in global dispute resolution. They are to global dispute resolution what judges are to domestic dispute resolution. Despite its global significance, arbitral decision making is a black box. This Article is the first to use original experimental research to explore how...

This article is about the interpretation of legal texts. Its immediate aim is to defend, against a certain sort of originalist objection, the well-known cases that hold that the Australian Constitution, by implication, guarantees certain political freedoms and entitlements. That is not to say...

This paper first briefly introduces the reader to nanotechnology and the potential health risks it raises. It then reviews how nanotechnology is or may be used by the food industry so that challenges that must be addressed by food regulations can be better understood. The application of current...

Value-added Tax (VAT) has become one of the most pervasive tax instruments across the developed and, increasingly, the developing world. However, despite broad-based consumption tax reform dominating the Australian taxation agenda from the 1970s onwards, Australia did not introduce VAT until...

This article examines recent Australian reforms to extend the Goods and Services Tax to imports of low-value goods. The reforms will move Australia from maintaining one of the highest thresholds for the relief of payment of the GST on the importation of low-value goods to a first-mover in its...

This article examines to what extent there is legacy of the Commission’s labour standards in the new legislated standards in the National Employment Standards and dismissal protection in the Fair Work Act 2009 (Cth). The Commission’s ‘community standards’, mainly from ‘test cases’...

Based on an assumption that in its current shape the EU public procurement framework is a highly regulated and rigid system, in which delivery of successful PPP contracts may be hindered, in this paper it will be considered, whether there could be a different, more beneficial way in which to...