The expansive application of tort law to business enterprise has established courts as regulators of the safety and supply of virtually all mass-produced goods and services, including those such as prescription drugs and medical care, upon which the lives and livelihood of most people depend....

Significant ethical and procedural issues raised in the case of McCabe v British American Tobacco Australia Services Ltd - history of events leading to the Supreme Court of Victoria decision, particularly the implementation of the controversial 'Document Retention Policy' - procedural issues,...

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...

The first Neighbourhood Justice Centre has recently been set up in Australia and forms part of a worldwide neighbourhood justice movement which focuses upon local justice solutions. These models are based around community courts operating as part of broader justice initiatives which reposition...

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...

In Dow Jones & Co Inc v Gutnick, the High Court of Australia recently rejected an appeal to reformulate the common law multiple publication rule and the traditional view of the place of publication in the context of transnational Internet defamation. Instead the Court, applying orthodox conflict...

Private securities class actions now appear to be a part of Australia's legal landscape but opinions about their value are not unanimous. This paper reviews the 'private attorney-general' argument for the utility of private securities class actions as 'vindicating the public interest' and...

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...

In this essay, we discuss empirical research on the economic effects of the civil justice system. We discuss research on the effects of three substantive bodies of law—contracts, torts, and property—and research on the effects of the litigation process. We begin with a review of studies of...

The article analyses the fundamental premises of the differentiation between substantive and procedural rules in private international law and arbitration. The author opens the paper with the general differentiation between substantive and procedural rules and the reasons for such...