The ad hoc institutional configurations that facilitated the resolution of sovereign insolvency for over thirty years are fragmenting. In the absence of an acceptable alternative, the recent pari passu decision reveals the dangers of common law courts pressured to enforce contracts and paper...

Since the global financial crisis of 2007, regulators and economists have analysed the moral hazards inherent in institutional arrangements which encouraged economic actors to act irresponsibly. The process of institutional reform must extend to review of legal rules which allow transacting...

This paper deals with the question of the determination of the applicable law in international commercial arbitration. In particular, it focuses on the determination of the substantive law governing the legal relationship of the parties, as the law which needs to be distinguished from the law...

This paper makes a detailed analysis on how parody affects the fashion industry. In addition, the scope of this paper is to advocate the need for a better balance between parody and fashion, which can be arranged by affixing the Trade Mark Dilution Revision Act. This paper starts by making a...

This article considers the nature and future of resulting trusts, and offers a critique of the Birks/Chambers theory of resulting trusts. It argues that the current law cannot be explained, as the Birks/Chambers theory suggests, on the basis of the reversal of unjust enrichment. Instead, the law...

Family provision legislation was introduced in Victoria in 1906 to allow the court to order provision from the estate of a deceased person whose will did not make adequate provision for the proper maintenance and support of a person for whom the deceased had a moral duty to provide. The first...

The thesis examines the evolution of the approach to family provision claims following the 1997 amendment to Part IV of the Administration and Probate Act 1958 (Vic), in particular the removal of the statutory list of eligible applicants, and the introduction of an additional jurisdictional...

Voters use ballots to choose their preferred candidates or to express support or opposition to ballot initiatives and referenda. There are many and diverse rules for how these people or items appear on the ballot in the first place—who can obtain “ballot access.” Once states began printing...

Courts assessing compensatory damages awards often lack adequate information to determine the value of a victim's loss. A central reason for this problem, which the literature has thus far overlooked, is that courts face a dilemma when applying their standard information-forcing tool to the...