This chapter explores the extent to which Australian contract law has - or has not - reflected international contract law in its development. The author explores the areas in which Australian courts and legislators might benefit from drawing upon the CISG and the UNIDROIT Principles of...

This article discusses the Bilateral Investment Treaty (‘BIT') dispute between Australia and Philip Morris Asia Ltd (‘PMA') and the implications for PMA's intellectual property rights as a result of the Tobacco Plain Packaging Act 2011 (Cth) (‘TPP'). In Part 1, it examines the merit of...

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

The Australian law on parallel importing of trade marked goods appears to be inconsistent with the objectives of that law. A combination of the new legislation in 1995 and case law since that legislation has led to the erosion of a regulatory scheme which was previously more tolerant of parallel...