This article argues that the enforcement in England in Re New Cap Reinsurance Corporation of an Australian monetary judgment rendered under Australian insolvency law does not sit easily with the Foreign Judgments (Reciprocal Enforcement) Act 1933. This is because the Foreign Judgments...

The article deals with an important issue in property insurance. After a property loss, the property insurance company's adjuster offers an amount to settle the claim and the owner accepts payment of that amount. The adjuster may have the owner execute a release as a condition of payment....

This chapter presents a public choice theory of criminal procedure. The core idea is that criminal procedure is best understood as a set of rules designed to thwart attempts to use the state's law enforcement power in a predatory fashion or in order to transfer wealth generally. For the most...

The purpose of this paper is to outline the circumstances in which telecommunications data can be lawfully accessed for national security and law enforcement purposes, and to consider whether this access regime sacrifices individual privacy to an unacceptable extent. Since privacy is the primary...

This survey has been undertaken in connection with a research project (The Cartel Project) that investigates various aspects of the criminalisation of cartel conduct in Australia. In section 1 of the Report we set out the background to cartel criminalisation in Australia (section 1.1) and...

This article examines P2P file sharing and the copyright enforcement problem it has created through the lens of scalability. Writing about the growth and governance of the Internet, David Post observed that "scaling problems - the problems that arise solely as a consequence of increasing size or...

This article examines a worldwide shift in laws, policies, and practices pertaining to intermediaries’ role in online copyright enforcement. We use a comparative methodology to expose an emerging trend in jurisdictions, including Australia, Belgium, Canada, China, the European Union, France,...

Most fields of law provide guidance on how courts decide cases. In contrast, arbitration law tells judges when not to decide disputes, in deference to private decision-makers selected by the litigants. At such moments, arbitration law normally includes two limbs: first, to hold parties to their...

A tentative explanation of arbitration law might begin with recognition of the tension between two sets of expectations. First, courts should give effect to arbitration commitments obtained through informed consent. Second, judges must monitor arbitration's basic procedural integrity, which...