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...

Climate regulation of the electricity sector is one of the most important growing — and rapidly changing — areas of law and policy today. This is both because of the critical role that electricity plays in modern society, acting as economic lifeblood, and because of electricity's part in...

Australia's indirect tax policies for wine, the Wine Equalisation Tax (WET) and the WET rebate are very different to the policies of ‘old world' wine countries and emerging competitors, and industry leaders have identified these tax policies as stymieing the industry. In light of these...

This study compares CEO employment contracts across two common law countries: the United States and Australia. Although the regulatory regimes of these jurisdictions enjoy many comparable features, there are also some important institutional differences in terms of capital market, tax, and...

This article considers three recent Australian judicial developments in real property law that remind us just how frail, or lacking in durability, that title may be. In Payne v Dwyer the Supreme Court of Western Australia dealt with the operation of adverse possession to determine whether a...

Indigenous governments in Canada are increasingly authorized to adopt laws that convert communally held lands to individual fee simple. They will convert title to fee simple in order to obtain the economic benefits commonly associated with private ownership and its securitization. However,...

The world over, marriage, both as a legal institution and in its social practice, continues to evolve with changing socio-economic-political standards and mores. As it changes it ‘is becoming less hidebound, less dutiful and less obligatory—but even more important’. One of the most...

In Australia, it is often thought that the decision whether to impose a constructive trust invariably attracts the exercise of remedial discretion. This paper argues that, in reality, the exercise of discretion is highly circumscribed. Further, where such discretion is exercised, it is useful...

The Coalition Government and various business groups continue to argue that the need for more labor market "deregulation" or "reform" justifies further changes to Australia's labor relations system. However, one of its more recent legislative initiatives, the Building and Construction Industry...

This essay aims to stimulate interest in further empirical study of attitudes toward will making by reporting the results of a 2022 survey conducted in Australia of the general population (n=1202) and legal professionals (n=112). We asked participants for their views about the ideal age at which...