Conflict Resolution And The Australian Contract Law

Conflict Resolution and the Australian Contract Law
Conflict Resolution and Australian Contract Law
Introduction: Australian contract law is based on Common Law as originated from the British tradition. However, as noted by Australian Government
(2012), said law is currently under review and subject to evolution in the near future. This will be some relevance to the discussion hereafter, which
considers the implications of a contract between the parties of JG (the represented) and ITMS (the representation) and further consider the implications
of a conflict arising over this contract.
Conflict Experience: Briefly, the conflict experience delineated in the case history concerns the signing of Australian women's tennis player JG with
management and marketing firm ITMS with the intention that the latter would help secure marketing and sponsorship opportunities for the former. As
JG continued to perform well in her responsibilities as a rising tennis star elevating her rank and achieving a relatively singular status in the field of
Australian women's tennis her management firm failed to capitalize on the opportunities newly available to her. According to the case history, "in
2010, JG had her most successful year on the Women's Tennis Association (WTA) tour finishing the year ranked 42 in the world. During the period of
2010, no further business opportunities were presented to JG by ITMS. Meanwhile, Australia's two other top players were increasing their profile,
through endorsements, within both the international and
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Essay Aboriginal Customary Laws and Australian...
Aboriginal Customary Laws and Australian Contemporary Laws
Aboriginal customary laws, before white settlement in 1788, were considered primitive by the British, if considered at all. But Aboriginal laws and
customs had lasted hundreds of years, based on traditions such as kinship ties and rituals.
These laws were formed by ancestors, spirits, and Aboriginal beliefs, and were passed down the generations by word–of–mouth instead of written
down. Being over 500 tribes (each with it's own clans) in Australia at one point, there were many variations to their guidelines, customised to each area
of the land. Although the laws varied throughout the ages, this way of life remained until white settlement.
The roots of Australian laws are ... Show more content on Helpwriting.net ...
Children were taught how to be proper children until they were old enough to be told their adult customs.
Australian laws have two forms, public and private law. Public law is an individual versus the Australian government, for example, criminal law,
constitutional law and environmental law. It involves public bodies, public matters and is the concern of everybody in Australia. Private law involves
disputes between private citizens or entities, for example, contract law, family law and probate laws.
Traditional Aboriginal marriages were very different to English marriages and Australian marital laws today. Aboriginal girls were to be married when
they reached puberty, and were married to much older men, who could marry (and have numerous wives) once a certain age. This meant that sex at a
young age was acceptable.
Australian law states that no person can legally marry until the age of 18, or have sex until the age of 16, and it is socially unacceptable for people to
have numerous partners. Australian law declares under–age sex as child abuse and a criminal offence.
All Aboriginals were involved in their customs and laws, with rules being imposed by the communities. Each clan was tight–knit and respected their
ancestry and customs.
Punishments varied, depending on the severity of the crime committed. Types of punishment included revenge, social ridicule, ostracism, insulting,
spearing (aimed at the leg, but sometimes resulted in death) and death by

Australian Copyright Law Research Paper
The origins of Australia and Singapore's law of copyright are connected as both the laws first originated from the United Kingdom (UK). The first
copyright statute, British Statute of Anne 1710 which was named after Queen Anne, was initially applied to the copying of books only. As the first
modern copyright law, it recognized copyright as an author's right, a major and important change in philosophy and in law. Registration of works in the
Stationers' Company register book was required of the owners of the rights as a condition of protection.
The British copyright law and International copyright agreements has influenced the Australian copyright law. It was originated from the British
copyright law which was established by the British parliament

Australian Contract Law Should Be Codified
Australia, commercially would be at an advantage if contract law was codified. The common law system which contracts calls home, can only take
on so many avenues and limits itself when stretched to cover new areas. There needs to be a national set of laws governing contracts on the
commercial front and in general areas to overcome discrepancies across borders. However there still remains inconsistency with consumers, minors and
business trade through contracts made online. The digital economy is not only one of the fastest growing areas but is forever changing and is
definitely a prospect that needs to be covered. Effective legal safeguards against undue exploitation and advantage–taking in such online dealings would
see Australian... Show more content on Helpwriting.net ...
In reality, codification is likely to be very costly and carry with it a long process of judicial review and interpretation in drafting a model, not to
mention strong government support. Time is of the essence in creating such a unified framework and if not done properly, it could work against its
intentions by limiting industries and trades to where it may become so stringent with no room to move, therefore creating an outlet where such
industries and trades will find their own contractual resolutions. Codification or any sort of reformation needs elasticity in order to mould to areas that
need refining and be flexible in areas that need little tweaking. According to Robertson's article 'There is also a potential loss of the accumulated value
of the precedents that have been established – a loss of history. Because law has value as information that can inform decision–making about future
actions, anything that changes the law can potentially destroy value'. This can definitely be threatening to not only the judicial courts, but to the very
basis that established well known fundamentals of law, with that being said, contracts are modernising and so must the legal structure in order for
citizens to be better educated and protected. The adversarial nature of Australia's court system deal with facts and legal implications. Here lies the
establishment of such principles that make the law

Australian Contract Law
ALTERNATIVES
Justice Paul Finn recently summarised, "Australian contract law, unhelpfully, has six potential sources– the common law, equity, Commonwealth
statute, State or Territory statute, incorporated international instruments, for example the CISG, and, finally, the terms of the contract themselves.
Having such a diverse range of sources has, in my view, been a recipe for incoherence and for inertia in the legal development [complexity] of contract
as such" (Codification of Contract Law: Some Lessons from History, 2013). The proposed harmonious effort by the Attorney General has implications
for the global convergence of partnering legal systems and further poses practical questions as to what nature any such contractual reform should ...
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It is noted that the CISG has had the experience of forming the basis for many regional law reforms projects around the world, such as the African
OHADA, the modernised German Law of Obligations, the Draft European Union CESL Regulation, the UNIDROIT Principles etc. But the Swiss
draw attention to certain areas that are only applicable to the domestic law, and that are not governed by the Conventions (CISG) provisions. Such
areas include duress, illegality, control of unfair terms, plurality of debtors and creditors, and third party rights etc. Essentially then, the Proposal
encourages the notion of expanding the subject matter or provisions of the CISG. (Law Wars: Australian Contract Law Reform vs CISG vs CESL,

Australian Consumer Law : Exclusion Clauses Essay
Australian Consumer Law: Exclusion Clauses Table of Contents Introduction3 Sydney City Council v West3 Thornton v Shoe Lane Parking Ltd4
Similarities and Differences in the Rulings4 Relation to Current Australian Legal Position under Australian Consumer Law5 Conclusion6
References8 IntroductionAs far as the Australian Contract Law goes, it can be said that an exclusion clause becomes invalid in any contract if it
extends its scope in such a way that it avoids liability for conduct beyond the scope of the contract in any way . This has changed in several ways
over the years. This concept shall be discussed in this paper taking into account two Australian Case law namely Sydney City Council v West and
Thornton v Shoe Lane Parking Ltd. upon a discussion of the cases, the similarities and differences in the rulings shall be analyzed and a relation of
these cases to the current Australian Legal System shall be established. Sydney City Council v West West arrived in a car park and was thereon
given a ticket which contained a clause that disclaimed responsibility and was found to be worded too widely. It was also stated that unless the ticket
is presented, the car shall not be allowed to be picked up. Subsequently, West 's car was stolen, and the Council relied on the exclusion clause to refrain
from any liability that lay on them. It was held that to establish the validity of an exclusion clause, one need to look into the matter of construction and
analyze

The Legal Provisions Of Australian Contract Law
This essay discusses the legal provisions relating to consideration, what constitutes "nominal" and "sufficient" consideration, and whether there is
limited regulation in Australian contract laws as to when the consideration is regarded as sufficient.
The concept of consideration goes back to the 15th century when I was first introduced in order to approach the fraudulent claims. Australian contract
law has its root in English contract law. The famous English case law Currie v Misa (1875) contains a definition ofConsideration in its judgment
defining it as, "A valuable consideration, in the sense of the law, may consist either in some right, interest, profit, or benefit accruing to the one party, or
some forbearance, detriment, loss or responsibility, given, suffered, or undertaken by the other..." .
It means that consideration is the price for which the promisor agrees to perform his promise and is a vital requirement for agreements to be legally
binding on the parties. Therefore it can be taken that a consideration can be a positive consideration or negative consideration.
It has also been found that consideration for a promise need not benefit the promisor, but it can move from the promise to any party directed by the
promisor. If a promise is made to more than one person as joint promises, then either of them can enforce the contract irrespective of where the
consideration moved from.
In the Australian case law Australian Woollen Mills Pty Ltd v The Commonwealth was

Australian Consumer Law Essay
Introduction
There was a major change for Australian Consumer Law. Within this paper, the differences on the old and the new system will be discussed further.
Australian Consumer Law is a single national law, which is, applies in all jurisdictions, to all business and to all industry sectors. The ACL also
represents a new approach to considering consumer policy issues, with the Australian Government and the States and Territories working closely
together to consider develop and implement changes.
This essay will explain about the differentiation between the old system and the new system. There are several benefits for the consumer such as, this
ACL will replace 20 existing state with one law, this new law is also easier to understand ... Show more content on Helpwriting.net ...
* Lay–by agreement is also introduced in this ACL. * Product safety, a new national product safety legislative regime is set out. Also includes extensive
new notification requirements for all suppliers.
There are also specific protections for the new ACL againstunfair business practices.
Not like the general protections mentioned above this specific activities that can be particularly caused negative impact, such as; * Failing to supply
gifts and prizes or not supplying them as offered (mislead). * Pyramid selling schemes; such as network marketing.
This new ACL also cover consumer guarantees. They create a single set of statutory consumer guarantees replace the old system of conditions and
warranties in the Trade Practices Act. The guarantees modernise and clarify the operations of the law on consumer rights in relation to goods and
services and align Australia's law with the New Zealand Consumer Guarantees act 1993.
Lay–by agreements, on this ACL there is a rules that cover the basic elements of lay–by agreement transactions in a non–prescriptive way.
There are some key themes in the Consumer Law changes – enhancing consumer protection, reducing regulatory complexity and having a consistent
national approach to facilitate a seamless national economy.
The key components of the framework involve a new national consumer law, to be called the Australian Consumer

Australian Tort Law
Every human being is having a right to talk, to live, to play, to earn and to do all other activities. Government or constitution made some amendments
so that every one of us should follow all of them to live. If anyone cross those rules they are legally penalized. As per the laws of the constitution it
says that an innocent person should not be punished even 100 victims can escape.
Day by day crime rate is increasing and the people are suffering for not having right justice against them. Australian parliament has intervened to
modify the nature or scope of potential civil liability for carelessness in the provision of goods or services (eg, liability under contract, tort and/or
statutory duty).
A tort is a civil breach had against another so that injured party can charge for damages. In personal injury cases, the injured party will attempt to
receive compensation with the representation of a personal lawyer in order to recover from damages incurred. There are special laws for Tort which
says whether a person should legally responsible for the breach against another or not, if so then how they are going to get the compensation and how
much they will be getting that is explained. There are four elements to tort law: duty, breach of duty, causation, and injury The three main types of torts
are negligence, strict liability and intentional torts. ... Show more content on Helpwriting.net ...
It is generally regarded as the common law's only truly public tort, because the only people who can commit it are those holding public office, and the
only occasions on which it can be committed are those in which public office–holders misuse their

Australian Consumer Law Case Study
Australia has customer protection legislation that works reliably broadly and, in each State, and Territory. Partial parts of the Australian Consumer
Law (ACL) started on 14 April 2010 and 1 July 2010, with the rest of the arrangements becoming effective on 1 January 2011. Schedule 2 of the
Competition and Consumer Act (CCA) 2010 (Cth) is the ACL and each state and territory has instituted legislation to apply the ACL as a law of its
authority (Gibson, 2013).
Sangita being in Australia likes doing online shopping so, she orders some things to give her family as a return gift from Myer store. But she was
really disappointed when she received the gifts and she also bought lots of small items for her cousins which were of no defects. According to ACL,
Myer store breaches the consumer law. There should be a replacement guarantees or refund policy.
Case 1: ... Show more content on Helpwriting.net ...
As under Section 3 of ACL consists of neutral meaning of 'consumer', which is applied in different parts of ACL, but not all. In ACL, there is an
assumption that a person is a 'consumer' if they, holds goods or services costing $4000 or less, procure products or services of a kind conventionally
obtained for individual (Gibson, 2013). Residential or household utilization, or secure a vehicle or trailer to utilize mainly in the transport of products
on public streets and in connection to the procurement of merchandise, don't get obtained, or hold themselves out as obtaining, the goods with the end
goal of resupply, utilizing them up or changing them, in exchange or business, throughout a procedure of generation or fabricate, or repairing or
treating different products or fixtures ashore. So, according to section 3 of ACL Sangita is a

The Australian Consumer Law and Consumer Guarantees
The Australian Consumer Law (ACL) was established to protect consumers in any legal trading activities in Australia. A set of guarantees has also
been introduced for those consumers who are acquiring goods and services from Australian suppliers, importers or manufacturers. The guarantees are
intended to ensure that consumers will receive the goods or services they have paid for. If they have problems with the products and services they
bought, they are entitled for remedies, such as repair, replacement, and refund.
As regulations keep changing, it is important to note that consumer guarantees are only applicable for goods and services purchased on or after 1st
January 2011. The laws that applied before 1st January 2011 might cover any ... Show more content on Helpwriting.net ...
Thus, the total price has to be clearly stated in the payment receipt (Australian Completion and Consumers Commission, 2013)
How acceptable is the quality of products and services?
Consumers are guaranteed to receive products and services that do not provide any harm to them. For products, the quality of products has to be
acceptable, fit for the purposes, match with the sample, description and demonstration. More importantly, the products and services have to be matched
and fit as what the staff said.
There was a case in 1936, according to Carvan, J (2010) Dr. Grant, the plaintiff, suffered dermatitis, as a result of wearing woolen underpants which had
been manufactured by the defendant (Australian Knitting Mills Ltd). Later, there was defective element in the underpants that assumed as the cause of
the dermatitis. Grant successfully sued knitting because the quality of the product was not acceptable.
Staffs have to honour consumers' guarantee, including express and extended warranties (Australian Consumer Law, 2013)
How long are the products' warranties and can it be extended?
Warranties of products are vary to each other and normally is one year. However, there are specific products that havewarranty period greater than one
year, such as car and furniture.
A warranty of a product can be extended by providing additional protection or to lengthen the coverage of the manufacturer's

Australian Consumer Law Tutorial Answers Essay
QUESTION 1
Studmaster Pty Ltd was a landlord that owned a shopping complex in Bourke Street, Melbourne. Mrs Tran operated the "Vietnamese Lunch Box"
outlet in the food court. She had little ability to speak or read English, which the representatives for Studmaster knew about. Studmaster proposed a
three year renewal of her lease at $48,000 per annum plus GST for the first year and CPI increments in the second and third years.
A representative for Studmaster told Mrs Tran that:
"We believe the new rent is very reasonable and below the market value"; and "The rent is lower than the rental paid by other tenants in the Food Court"
Both statements were incorrect. Studmaster gave Mrs Tran 7 days to agree to the lease ... Show more content on Helpwriting.net ...
Law:
Section 18 ("misleading or deceptive conduct") Eveready Australia Pty Ltd v Gillette Australia Pty Ltd OR Taco Company of Aust Inc v Taco Bell
Pty Ltd ("objective test") Section 29(1)(k) ("false or misleading representation concerning the place of origin of the goods") Netcomm (Aust) v
Dataplex Pty Ltd (p 616 of textbook)
Application:
Explain what "place of origin" means with reference to the discussion at the bottom of p 615 top of p 616 of the textbook Explain why the label
"product of australia" was misleading as to the place of origin of the jumpers. Apply the objective test to explain why the woollen jumpers were
misleading under section 18. In particular identify the target market and why a reasonable person would be misled about the label "Product of
Australia".
Issue: What are the remedies?
Law:

Section 232 (injunction); Section 246 (corrective advertising; management to undertake training); Section 151 (fine); Section 218 (court enforceable
undertakings)
Application:
Explain that the remedies can be covered in court enforceable undertakings or ordered by the Court. Explain what an injunction and corrective
advertising would do Explain the maximum penalty of a fine for WWM and why the ACCC can pursue a fine.
Conclusion
WWM has made a false representation concerning the label of

The Origin Of The Australian Contract Law
Topic:
A view which is certainly elementary if not fundamental is that in a democratic society, people should enjoy freedom in their contracting.
Introduction
Our society today depends upon the free exchange of goods and services in the marketplace at every opportunity. The interactions we encounter in the
market depends on voluntary agreements between the parties, which can never become binding without a legal contract.
Because contracts are at the heart of a democratic free–market economy, it is unsurprising that contractual freedom has taken a vital role in defining the
term of contract law.
The origin of the Australian contract law can be traced back to the development of the English common law and was brought and introduced to Australia
when the English arrived, with specific statutory modifications in some areas.
Notion of Freedom of Contract
The relevant words of Sir George Jessel MR in the case of Printing and Numerical Registering CO v Sampson:
"If there is one thing which more than another public policy requires it is that men of full and competent understanding shall have the utmost liberty of
contracting, and that their contracts when entered into freely and voluntarily shall be held sacred and shall be enforced by Courts of Justice. Therefore,
you have this paramount public policy to consider that you are not lightly to interfere with this freedom of contract."
The idea of contract can be traced back to classical Greece and Rome and later developed by

Why Is It Important To Be Binding In Australian Law
Julie: The High Court of Australia has held that the conditions of an international treaty have no status in Australian law until incorporated in federal or
state legislation. It is unnecessary for international treaties to be binding in Australian law if steps can be taken to incorporate the conditions of a treaty
if required. For example through mechanisms such as the Commonwealth Parliament exercising an incidental power, or an external affairs power in the
absence of and incidental power. An example of this was seen when The Commonwealth Parliament enacted the Racial Discrimination Act 1975,
exercising the external affairs power in effect of eliminating all forms of racial discrimination. Julie: Considering the fact that Australia can still
participate in addressing international issues, such as topics on globalisation, environmental protection, conflict in Africa and economic development–
insisting that international treaties be binding in Australian law is not necessary. Australia makes up the parliament of nations and therefore has the
right to discuss such issues. Julie:... Show more content on Helpwriting.net ...
International treaties have little effect in Australia unless supported by commonwealth legislation. For example the convention against torture and
other cruel, inhumane or degrading treatment or punishment came into force in 1987; however Australia has not passed any domestic legislation in
this area. However the crimes act, 1988 was passed with reference to acts of torture outside Australia. Signature and ratification do not, of themselves,
make treaties operate domestically. In the absence of legislation, treaties cannot impose obligations on individuals nor create rights in domestic

The Main Functions Of The Courts Within Australian Common Law
The main functions of the courts within Australian common law is, initially, to avoid imprisonment and treat it as a final component, in an otherwise
lengthy process. However, the judiciary has a vast array of options when it comes to proper sentencing. With all these components the effectiveness of
imprisonment can be met with varied ideals. Before a judiciary arrives at this avoidable decision though, they must weigh up all instances of sentencing
through its specific framework, the criminal justice system prevails with courts having diversity within the realms of sentencing. This research paper
intends to discuss the options of which are available to the courts and assess whether or not the array of sentencing principles available to ... Show more
content on Helpwriting.net ...
Australian common law restricts the final judgement and decree to the judge and with good reason. Sentencing for juries, although alleviating the
power of justice to the community, is not as effective has relieving all power to the judge. 'In 2011 a study of trends and issues incrime and criminal
justice no. 407 was executed to discover the public opinion and sentencing tendencies of a jury, this study found that out of 138 trials juries were far
more lenient than judges in their sentencing '. This was an important study as it gauged then discovered that the community and public are
misinformed or unaware of the multitude of policies and principles that must be known before sentencing. A judge has a far more knowledgeable
stance towards all prosecutions in a deeper and more calculated manor than a jury ever could. Sentencing is a more in–depth and crucial judiciary
power than be known to many and must be handled by properly informed minds in order to achieve the proper and just aim of the sentence for the
defendant. Although the use of juries can be neccesary, their sense of leniency and sympathy towards sentencing does not benefit them, which is one of
the main aims for the judicary when sentencing and is why it is normally left to the judge. prinicples of sentencing when left in the correct hands can
find benfits for both parties involved, the correct hands being the judicary or judge.
The use of Sentencing traditionally strives

Australian Consumer Law
The Australian Consumer Law (ACL) and the Australian Securities and Investments Commission Act 2001 ('the ASIC Act') and the National
Consumer Credit Protection Act 2009 (Cth) are the most notable pieces of Commonwealth legislation that operate to provide consumer protection and
fair trading.
Misleading and deceptive conduct is broadly covered by the combination of the Competition and Consumer Act 2010 (formerly the Trade Practices Act
1974) and the ASIC Act. Sections 18 and 29 of the Australian Consumer Law relating to misleading and deceptive conduct also provide protection.
Similarly, section 12DDA of the ASIC Act prohibits misleading and deceptive conduct in relation to the supply of financial services. Sections 20 and
21 of the ACL prohibit... Show more content on Helpwriting.net ...
Individuals or companies that wish to be administrators must be registered and apply to the Inspector–General in Bankruptcy. Further guidelines or
conduct codes exist under the Practice Directions of the Inspector General in Bankruptcy, which include specific communication directions. Division
3A of the Bankruptcy Act 1966 also outlines the duties and obligations of an administrator, including seeking approval of the Official Reviewer in
regards to debt agreements. There are also stipulates governing the maintenance of trust accounts and record keeping. Australian Financial Security
Authority acts as an overseeing body of both administrators and agreements.
Gaps
These pieces of legislation do not apply to debt management firms that act as brokers, and so firms can charge fees for linking consumers with
administrators without falling within the scope of legislation or the Australian Financial Security Authority.
Another issue is that despite the coverage relating to unconscionable conduct, it is difficult for consumers to be aware of the scope of the concept, and
its legalistic nature tends to alienate the vulnerable consumers that are in need of protection.
PERSONAL BUDGETING
Coverage
Section 50 of the ACL prohibits harassment and coercion in relation to repayment for goods and services, which aims to protect consumers from
harassment

Australian Family Law
"Society moves ahead and the law limps behind" Discuss this referring to contemporary issues in family Society's opinions are constantly, and rapidly
changing, and consequently this poses significant challenges to the family law system in Australia. A family is a social unit containing individuals
related by blood, marriage or other legally recognised relationships. Family law reforms have been implemented over the past three decades, entailing
the recognition of same sex couples. Furthermore, a statutory presumption of shared parenting – as instigated by society's transitioning values –
displays the changing nature of parental responsibility. Not only are society's views progressing, but surrogacy and birth technologies are... Show more
Thus, the act can be unenforceable at times, as seen in the article, "Not so equal when it comes to super" (Star Observer, Lamont, Ani, 2008) That
said, the act enables the protection of individuals' rights to be free of discrimination on the basis of sexual preferences. Furthermore, it meets
society's needs to see equality amongst same sex relationships, which is evident in a survey concluding 72% of Sydney residents are in favour of
gay marriage. Law reform is considered proactive with relation to surrogacy and birth technologies, as methods of conception must be permitted
before they are conducted. Surrogacy, which occurs when one woman agrees to fall pregnant and bear a child for a couple, is illegal in NSW when
the woman is paid a fee or award, under the Assisted Reproductive Technology Act 2007 (NSW). Hence, surrogacy must be altruistic. Furthermore,
the Surrogacy Act 2010 (NSW) now criminalises an international journey for commercial surrogacy. This suggests the law is successful in meeting
society's needs for children not to be perceived as, "commodities." However, this logic is disputed; why would one pay for a "commodity," which
will reap no financial gain? The only reason seems to be the personal reward of bonding with a child. Thus, the legislation can spawn

Has Australian Law Adequately Protect the Health of...
Has Australian law adequately protect the health of indigenous people?
Contemporary issue
The issue appeared in The Australian newspaper in January 2007 which discussed about the indigenous health. There is no exact statistics that really
measure aborigines' health as only about 72% of them were included in the surveys. The issue is able to make us think on actions that could be made
in order to protect the health rights of the indigenous Australian. It seems to be impossible for the responsible authorities to address this problem
effectively when there is lack of efficiency in gathering data.
(Source: Article by Milanda Rout in The Australian 27/01/10)
Historical background
The term Indigenous can be referred as 'Native to a ... Show more content on Helpwriting.net ...
In 1962, Electoral Act (Section 41) was amended to give those Aborigines their right to vote. Furthermore, in order to reduce racial discrimination
towards indigenous community, 1967 Referendum was hold in which Section 51(xxvi) was amended and Section 127 was repealed (Bailey 2008).
1967 has become the landmark as indigenous affair became a concurrent power shared between the Commonwealth and the states (Bailey 2008;
Freehollows 2003). Besides, they are also included in the census after 1967 and were given the same rights as other Australians and enjoy the same
rights. (History of the Aborigines n.d.; Freehollows 2003).
However, although their rights were recognised starting from 1900s, some argue that it is insufficient asAustralia does not has a 'Bill of Rights' and the
Constitution is not a document which focus on human rights (Bailey 2008; Owen 2010). Despites of the claims, there is no need for the Australian
government to have a 'Bill of Right' as the third element of Rule of Law already ensures the protection of human rights and natural justice. Plus, having
a 'Bill of Rights' means that it will be likely subjected to High Court's interpretation and will not guarantee protection of human rights.
Availability of health services
Less access to primary health care services (Close The Gap n.d; Couzos & Denaley 2007)
Overcrowded and poor quality housing in the aboriginal communities (Close The Gap

Criminal Law: The Australian Adversary System
Australia, like many other countries around the world, inherited the Adversary system of trial. The adversary system relies on a two–sided structure of
opponents ('adversaries') each presenting their own case. An impartial judge or jury will hear each side and determine which side holds the truth. The
Adversary system has five main features; Contest, Party control, role of the judge, Strict rules of evidence and procedure and single event trial. These
five features help the system to be as fair and just as it can be, giving everyone an equal opportunity. In criminal law the adversary system pits the
prosecution against the accused, who will usually be represented by a lawyer. The judge, orjury, acts as an impartial observer who determines ... Show
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Such methods include negotiation, and conciliation. A more recent form of ADR is collaborative law, used particularly in family law disputes. An
ADR is usually an umbrella term for processes, other than judicial determination, in which an impartial person assists those in a dispute to resolve
the issues between them. An ADR is a different way to resolve legal disputes other than going to court. ADR's are generally confidential, flexible
and usually cheaper than going to court. ADR's are able to offer savings for the justice system as cases resolved through ADR save time, money and
resources of the courts. They are also much less formal than a court processes and are confidential, unlike a court, which is usually open to the
public. They can also be flexible and can be modified to suits the needs of the parties. However, Other than arbitration, the decision is not binding.
One party may be more manipulative or stronger than the other party. ADR's may not be appropriate if there is animosity between the parties.It is also
difficult if one party to the dispute may refuse to attend the resolution process if it is

Australian Contract Law In Sports
There are numerous different laws related to sport, at both a professional and amateur level. There are not only rules that must be abided by those
participating in the sport but also the coaches and spectators. For professional athletes, there are strict laws regarding the contracts and the terms and
conditions. In regards to sport, in particular contact sports there are specific Tort laws, (conduct that harms other people or their property.) Drugs in
sport is an ongoing issue for Law, there is the constant battle of athletes using banned substances and drug testing authorities attempting to identify and
find banned substance. The main drug testing in authority in Australia is ASADA, The Australian Anti
–Doping Authority.
Amateur Sports
A ... Show more content on Helpwriting.net ...
Arbitration, mediation and conciliation can be used to reach an agreement outside of court, but it is rare, especially with contact sports that people
/ organisations are sued as injuries are common. Depending on the injury and if the person injured feels as though it is deliberate they will usually
sue, but it is up to the injured party to bring the action. In the case of Barry Hall and Brent Staker. Barry Hall clearly strikes Staker, concussing him.
If this were to happen in the street it would be assault, but as it happened on the football field, no action was taken. It is clear from the video footage
that Hall's intent was to injure Staker but Staker decided not

Effectiveness Of Australian Law And Terrorism Kyle Luker...
Evaluate the effectiveness of Australian law in balancing the rights of the individual and the state in the face of growing international terrorism
In coordination with the growing outcomes of terrorism, both international and domestic, we can examine the effectiveness of Australian Law in
balancing the rights of the individual and the state. Throughout the course of time we see the changing face of international terrorism and how it has
implications that are far reaching and affect our day to day rights and freedoms. I will be referring to the following cases in my response; Mohamed
Haneef, David Hicks, Peter Greste and also Australian citizens involved in ISIL.
Terrorism is an emerging and ongoing threat that says much about the ... Show more content on Helpwriting.net ...
The Law Council followed up this media activity by writing to the Attorney–General, Minister for Justice and Customs, Minister for Immigration and
AFP Commissioner about the deficits in the law which were revealed by the case. In these letters the Law Council submitted a number of reform
proposals.2
The Australian legal system is based on a fundamental belief in the rule of law, justice and the independence of the judiciary. All people
–Australians
and non–Australians alike–are treated equally before the law and protections exist to ensure that people are not treated indiscriminately or unfairly by
governments or officials. In saying this, the Australian government will press the Egyptians "at the highest level" to try to free Australian journalist
Peter Greste, sentenced to seven years jail after being convicted of supporting the Muslim Brotherhood. The court also found guilty, two of Greste's Al
Jazeera English colleagues, with one receiving a ten–year sentence and the other seven years. This example of Mr. Greste is a relevant and recent
example of international law in relation to terrorism because of the existence of fabricated information and how we have been led to perceive the
individuals involved.3
Terrorism can be defined by Involvement of violent acts or acts dangerous to human life that violate federal or state law. Australia is

The Australian Law: A Study
Australian Law
Introduction In government, the concept the separation of powers means that different branches will have various responsibilities. At the same time,
select powers are reserved for the states and local jurisdictions. This is designed to prevent possible civil rights abuses from occurring and maintain a
government that is responsive to the needs of the general public. ("35 Separation of Powers," 2012) In Australia, these ideas are used to follow
different benchmarks and incorporate key concepts from the Westminster system. This is having an impact on how the doctrine of separation of
powers is applied. ("35 Separation of Powers," 2012) To fully understand what is happening there will be a focus on: the separation of powers at the
federal / state / territorial levels, what it means and how entities are operating. Together, these elements will provide specific insights that will highlight
how this doctrine is influencing the way various governments are interacting with each other and the people.
How Australia applies the doctrine of separation of powers at both the federal, state or territory levels? On both levels, there is a focus in having the
different branches of government separated from each other (i.e. executive, legislative and judicial). Under this basic model, the executive branch is
responsible for enforcing the laws. While the legislature (i.e. Parliament), has the power to write laws. The judiciary is responsible for interpreting the
laws

Australian Contract Law Essay
Law of Contract II
Semester 2, 2011
Word Count: 1932
A party's right to terminate a contract arises from a particular type of breach of contract by another party. The facts of the breach and the nature of the
term breached in each case inform the party with whose contract has been terminated, as to whether it is lawful or not.
Common law rights to terminate arise in one or more of the following three ways: * Any breach of a condition of the contract; * A serious breach of an
intermediate term of the contract; or * Conduct that shows that a party is unable or unwilling to comply with the contract.
Australian Courts have for sometime recognised a tripartite classification of terms in analysing whether or not a breach gives rise ... Show more content
on Helpwriting.net ...
In the facts given, the contract between the Federal Government and the Australian Coastal Patrol Pty Ltd (ACP) has been partly performed. If a
contract has been in large part performed, it is less likely that the breach will be substantial enough to warrant termination.
In Carr v J.A. Berriman Pty Ltd, the principal entered into a contract with a builder for the construction of a factory. Two breaches by the principal
caused the builder to seek to terminate the contract; a failure to deliver the site in the condition specified in the contract and a unilateral decision to
remove from the contract the fabrication of steel framing. It was the second breach that was decisive in the view of the High Court in finding that the
termination was effective. In its reasons, the Court noted that the loss of the fabrication represented about one quarter of the builder's estimated profit
on the entire project and the removal from the contract of that percentage of the overall value was a substantial breach.
However, in Fairbanks Soap Co. Ltd v Sheppard the parties contracted for the construction of a machine for $10,000. The machine was almost
completed when the builder refused to finish the machine unless he was paid a large proportion of the price,

Australian Nationality Law Case Study
The 1948 Commonwealth Heads of Government Meeting decided to make major changes in nationality laws throughout the Commonwealth, following
Canada's decision to enact its Canadian citizenship law in 1946. Until then all Commonwealth countries, with the exception of the Irish Free State, had
a single nationality status of British subject. It was decided at that conference that the United Kingdom and the self–governing dominions would each
adopt a separate national citizenship, while retaining the common status of British subject. The Nationality and Citizenship Act 1948, which came into
force on 26 January 1949, gave effect to that arrangement and created the concept of Australian nationality while continuing to be British subjects.
However,

Australian Constitutional Law Essay
Australian Constitutional Law Question One In order to determine whether Y and Z are subject to the proposed law, the activities of the milling
business must be examined and a connection to s51(i) of the Commonwealth of Australia Constitution Act1 (hereafter referred to as the Common
wealth) must be established. Also to be considered is the purpose of the legislation, or whether purpose is necessary to the power at all. One limitation
to s51(i) to be addressed is the geographical distinction which it requires, and what peripheral activities might the courts be willing to deem interstate or
intrastate trade. Y and Z, to their knowledge, engage only in intrastate trade. However it would be unreasonable to assume that some... Show more
But how direct is this relation? Is there an intervening agency at an intrastate level which could sever any connection to interstate trade? Y and Z sell
intrastate to bakeries and to agents. According to Lane, the buck stops with the agent in terms of a direct relationship to interstate trade. 6 McCulloch
v Maryland (1981) 4 Wheat 316 McCulloch v Maryland (1981) 4 Wheat 316, Marshall CJ at pp321–323 8 Huddart Parker v Commonwealth (1931) 44
CLR 492 9 P.H. Lane (see bibliography) pg 53 Para 3 7 2 Australian Constitutional Law In the case of Bourke's Appliances10, retailers of electrical
goods, all Victorian, join together to stop supply to an undercutting discount house. They threatened too stop dealing with the bulk supplier if they
continued supporting the discount store. The supplier takes the retailers to court for conspiracy for restraint of trade, contrary to Commonwealth
legislation which relies on s51(i). Although the bulk store could show a number of goods moving interstate from Queensland, the court said that this
was too remote. The Victorian transaction only indirectly affected interstate trade and was not sufficiently connected. In effect the interstate trade
ceased once the goods had reached the bulk supplier, and further trade with the retailers was intrastate trade. It must be noted however that in the case
of Y and Z, the good are moving in the other direction with a possibility for export. If a substantial link cannot

Australian Contract Law: The Knowing Receipt Doctrine
Introduction
When trustees make a contract with a stranger to the trust, that contract is not entered into on behalf of the trust beneficiaries and does not bind them,
it binds the trustees themselves. The question whether the trustees are allowed to use the trust assets to perform the contract depends on the terms of
the trust. A knowing receipt claim arise when that stranger directly or indirectly receives for his own benefit trust property transferred in breach of
trust, in certain circumstances where he is enriched, without justification, at the expense of the beneficiaries, at any rate to the extent that he did not
give value for what he received.
Although 140 years old, Barnes v Addy is still the guiding case regarding liability of ... Show more content on Helpwriting.net ...
Willfully and recklessly failing to make such inquiries as an honest and responsible man would make.
4.Knowledge of circumstances which would indicate the fact to an honest and reasonable man.
5.Knowledge of circumstances which would put an honest and reasonable man on inquiry.
The first three categories are taken to indicate forms of actual knowledge of the circumstances. Those are situations in which the defendant knew the
material facts, regardless of whether or not he tried to ignore them. The fourth and fifth category are potentially the broadest, they are suggested to be
indicators of constructive knowledge. Those five categories were whittled down to the first purpose of liability for knowing receipt in Re Montagu.
Megarry VC preferred to exclude the fourth and fifth categories since they did not require willfulness on the part of the defendant, and therefore if a
defendant claims to have forgotten the knowledge which previously he had had, then he would be held liable for knowing receipt. Megarry VC
preferred to exclude such liability.
The approach adopted in Re Montagu was not immediately adopted within the English courts. In Agip v Jackson, Millet J questioned the approach
adopted by Megarry VC and stated that actual or constructive knowledge will

Australian Sports Law
Australian Sports Law Introduction Australian sports law is grounded in the principles of "Natural Justice" to ensure procedural fairness. Nevertheless,
the sports tribunals' ability to hold hearings and make determinations without allowing athletes the benefit of legal counsel is troublesome. Clearly, the
process often involves valuable rights which should be asserted and preserved by knowledgeable, zealous legal counsel at the first opportunity. The
single difference between the Waverley and Nagle cases shows how issues that are vitally important to an individual can turn on a single fact;
consequently, while Waverley and Nagle did not involve sports tribunals, they do show the importance of paying careful attention to facts, which also
applies to sports tribunals. Finally, the inclusion of women in sports, particularly Golf, is a natural outgrowth of anti–discrimination laws and
progressive Australian attitudes create fertile ground for further attempts by women to compete with men. Part A: The Natural Justice Process in Sports
Tribunals Sports disputes fall into two general categories: external and internal. External sporting disputes are handled in a state Court system and
generally include: "contract or tort; intellectual property; trade practices and competition; criminal law; taxation; broadcasting and media; and other
statutory–based disputes" (Bellamy & Hayes, 2007, pp. 5–6). Internal sporting disputes are normally handled by sports tribunals and deal with

Australian Rule Of Law
Australian Rule of Law
Introduction
The constitution is the superior law of the country. It dictates all the fundamental rules and principles upon which the country is based.
Australia being a Federal Government was established in its constitution. Australia practices a parliamentary or responsible government system of
governance. However, some of the features of Australia's system of government were also based on customs and traditions which were not described in
its constitution.
The Separation of Powers
The Federal Government defines three separate branches of the government. It also describes all the responsibilities each branch of the government
play in the governance of the country. The three branches of Australian government... Show more content on Helpwriting.net ...
The Legislature is composed of two houses: The House of Representatives and the Senate, and the Queen that is represented by the Governor–General.
How does the legislature act as a check on the power of the courts?
The Legislature has its own powers such as they give statutory regulations which is passed by the Parliament. To check on the power of the courts, the
Legislature could diminish or overpower some authority of the courts by writing new laws and alter the constitution.
What is the green House called? How is the number of seats in the House of Representatives decided?
The Green House is Called the House of Representative. There are 150 representatives elected by Australian people.
What is the red house called? How many Senators does each state and territory have?
The Red House is called the senate. There are 76 Senators totally, and 12 Senators from each state, 2 Senators from the Australian Capital territory and
the Northern

Queensland 's Legislation On The Bikie Laws Is An Unfair...
1.0Hypothesis Queensland's legislation in relation to the bikie laws is an unfair piece of Australian law. Focusing on the VLAD laws, these laws
must be revoked as while in effect set a precedent for a laws to be made only for s specific group. Targeted. This cancels out the Rule of Law
principle of 'Equality before the Law'. 2.0Introduction This report will examine the laws pertaining to the bikie legislation focusing on the VLAD
laws and assess their suitability. Using stakeholders perspectives and by investigative procedure, the best possible way to move forward with this
current legal issue will be attained. This will be done by considering possible reforms and making recommendations based on knowledge... Show more
History tells us that these laws did not match either the expectations of the community or the political hype of the government. A prime example
of this involves one of Australia's greatest icons, Ned Kelly. A horrific set of laws were introduced in Victoria when Ned Kelly was around. These
laws reversed the onus of proof, gave the power to shoot on sight to any citizen and made it an offence to even know a bushranger. These terrible
laws passed through the parliament with almost no discussion, debate or dissent and it is generally accepted that these laws did not even work as
Ned remained unfound for two years after these laws were placed in action and those like Frank Gardiner were never actually caught. Many
historians have written that these laws may have even played a part in increasing public support for the outlaw gangs of that time (Graham, 2013).
This shows us that laws which target specific groups are not good for the community or the justice system and must not be placed in action. These
laws did not work back then and will not work now. 3.2Current Legislation The current laws in Australia pertaining to this issue can be found in the
Vicious Lawless Association Disestablishment Bill 2013 (VLAD). This bill states in s8 'A vicious lawless associate is not eligible for parole during
any period of imprisonment for a further sentence.' This is just one example in the act of unfair

Australian Personal Property Securities Laws Essay
Question 1
(a)
Australian laws relating to personal property securities ("PPS") have been messy for years, based on often incomplete state records which have never
been centralised. The major rationales for the reforms are that the previous laws were inflexible, outdated, and prevent product innovation.[1] Personal
property incorporates intellectual property , an important repository of wealth in the 21st century.
This causes a need to incorporatefor flexible and modern laws which encourage consumers and producers to "conveniently ... raise finance ...on the
security of such property"[2] which encourage investment which in turn leads to the creation of wealth.
The old PPS laws are majorly derived from 19th century legislation ... Show more content on Helpwriting.net ...
All the transactions even those which are not treated as a security interest will have to be treated the same. As a result, the levels of transparency and
certainty on third parties would be improved. The PPS reforms have ensured that there is a national electronic register which will cater for all security
interests in personal property. The register will be used as a notice board of the "registered personal securities" thus not providing conclusive evidence
of priority.[15]
The PPS Act has affected securities granted in regard to leases, hire purchase agreements, chattel mortgages, floating and fixed charges, and to
consignments of agreements and goods that incorporate title retention among others. Another major feature of the PPS Act reform is perfection to
prioritize security interests over other related security interests through control, possession, and registration.[16] For instance, contracts negotiability
and assignability of contracts have been changed and made more effective. The concept of security interest has been broadened to the extent of
including traditional securities such as mortgages and charges.[17] which will allow the borrowers to be in a position to get funds. The

Australian Family Law
The aim of Australia's family law while responding the ever changing values of society, is to achieve justice in any activity it undertakes. The success
of this is valued and determined by whether any significant action has been taken as a result, and what the effects of such actions are on improving the
situations of all parties involved. The effectiveness of family law on changing values cannot be determined when regarded as a whole. However, when
broken down into certain values, such as in the topic of best interest of the child during separation and the issue of surrogacy, it can be seen that
Australia's family laws are not effective in levelling with the community's changing values.
The family laws' efficacy in an ever–changing topic of ... Show more content on Helpwriting.net ...
The procedures of surrogacy is a delicate and sensitive topic which raises many concerns in the public. As a result of this, Australian laws and courts
of law must allow and regulate these practices to make it safe for all involved. Commercial forms of surrogacy agreements are illegal in most states,
shown in Part 2, Division 2 in the Surrogacy Act 2010 NSW and Chapter 4 Part 1 in the Surrogacy Act Qld. However, in remaining jurisdictions,
couples are allowed to deal in commercial agreements and therefore often turn to an overseas arrangement. It is here where Australian law becomes
more obscure and less regulated. In any arrangement including altruistic surrogacy, there are no enforceable laws on the agreement, hence prompting
multiple issues regarding the parentage of the child. When the child is born from the gestational carrier– the birth mother and father, according to the
Status of the Children Act 1996, are the legal parents. It is when the intended parents apply for a parenting order and accepted by the birth mother that
the child's parentage is transferred– this situation is set out in the case of Re Michael

Indigenous Australians And The Law
Indigenous Australians and the Law
A current emerging issue in Australian society is the rising representation of Indigenous Australians in prisons across the country. According to the
Australian National Council on Drugs, the Aboriginal population is 13 times more likely to end up in jail than the rest of the population (Donovan,
2010). This is despite the Aboriginal population representing only three percent of the total Australian population. In order to combat this problem, a
range of legal solutions such as circle sentencing, Indigenous courts and Justice Reinvestment have been implemented. However, the current trend of
incarceration rates for the future of Aboriginals suggest that the effectiveness of these solutions need to be put ... Show more content on Helpwriting.net
...
'4517.0 – Prisoners in Australia, 2014 ', 2014. [Online] accessed 4 Apr. 2015. <http://www.abs.gov.au/ausstats/abs@.nsf/mf/4517.0./>
This table released by the ABS (2014) shows a clear and steady rise of the number of Indigenous prisoners from the years of 2004 to 2014, revealing
an increase from 5,048 Indigenous prisoners in 2004 and jumping to approximately 9,264 as of 2014. It supports the estimation of a drastic increase in
the ratio of Aboriginals prisoners in future years.
Are the current legal solutions for this issue viable? What are the processes involved?
Circle Sentencing
Circle sentencing is a scheme that was first implemented in the legal system of NSW to prevent gaol time for Aboriginal offenders. This scheme
involves a circle of representatives deciding the sentence of an offender which does not involve a jail term. The representatives are normally made up of

Australian Consumer Law
Building Law Assignment – Essay
The Australian Consumer Law is an important part of society today as it helps enforce fair trading and consumer protection. This is achieved by
informing consumers of their rights when purchasing any goods or service, and by informing sellers on what they can and can't do. The Australian
Consumer Law is just as significant in the development and construction industry as it is in any other industry. There are many areas in the
development and construction industry that are governed by the Australian Consumer Law. One of these areas is developers selling land to consumers.
Numerous sections in the Australian Consumer Law affect developers selling land. Two of these sections of the Australian Consumer Law that... Show
more content on Helpwriting.net ...
Contract terms are statements which determine the rights and obligations of the parties who have signed the contract. Sometimes contract terms can
be deemed to be unfair as they may be greatly one sided towards one party in the contract. Unfair contract term laws apply to standard form
consumer contracts. According to the Australian Consumer Law, a consumer contract is defined as a contract used for the supply of goods or
services, or the sale of land which will be used for personal, domestic or household use. A standard form contract is a contract that has been created by
one party, but has no room for negotiation by the other party. Therefore, a standard form consumer contract can be defined as a non–negotiable contract
for the supply of goods or services, or the sale of land. Unfair contract terms therefore affect developers selling land as the sale of land falls under the
definition of a standard form consumer contract. Sometimes determining what term is classified as unfair can be difficult as this can vary between
each different contract. The Australian Consumer Law classifies a contract term as unfair if it causes any major imbalances in the parties' rights, if it is
not necessary to protect the interests of the party that is advantaged by the contract term or if the contract term could cause financial damages to the
party the term is applied on. An

Private Law and Civil Law: What is a Contract in...
INTRODUCTION
According to the case study, Nathan had newly arrived in the country and holds a refugee visa. He wasn't aware of what a contract is and the main
general issue arouse in the beginning was that he hardly understands English. As he was new in the country and was looking for a telephone to get
connected to his family back overseas, he thought this would be a great opportunity and that is what made him indulge in the contract. Furthermore
Nathan was not fully guided by John about what is a contract and while briefing him about the contract. John knew that Nathan was unable to
understand clearly what he was offering to him. In order to reach the conclusion and sort out the legal issues the knowing of Australian legal system is
... Show more content on Helpwriting.net ...
Although most of the contracts are done verbally but there are some requirements of how should a contract be maintain valid in which the most
important two are Firstly there should be acceptance of offer by both the parties and secondly there must be something in exchange like the goods,
services or promise. Here, the question arises that does a contract needs to be written? Written agreement of the Contract is a wise decision to made,
some of the state laws requires written agreement of contract for certain dealings. So outlining the legal issue for the case under the Australian common
Law indicates that there was no intention to create legal intention. But there was an Offer and acceptance too in the case but looking at the rules of
offers which states in the case (R v Clarke). It must be communicated to the offeree. There was no consideration either taken place between both the
parties so that would make the contract more Appropriate. Its also not mentioned anywhere about the age of Nathan that means he can be a Minor too
which means under 18, it can also make the contract go void. It can be an fraudulent misrepresentation as John knew that Nathan was not
understanding his offer and may be John tried to Deceive him intentionally. A contract inducted by fraud is voidable at the action of the innocent party
as it was in (Derry viper) (1889). Apart from the Contract Law there was also negligence involved in

Australian Shield Laws
With more and more wealthy Australians bringing journalists and publishers to court to demand the revelation of sources shield laws are becoming
increasingly important. Shield laws can be defined as an array of laws that offer protection to journalists or other communicators who otherwise face a
disobedient contempt charge for refusing to reveal a confidential source. In particular, with the introduction of shield laws in Western Australia
journalists' professional ethics have taken priority over the demands of the law. Although these shield laws provide some protection for journalists and
their informants in WA there are still some weaknesses in terms of how these laws are interpreted in court. Furthermore, shield laws are significant in
maintaining... Show more content on Helpwriting.net ...
In particular, sustaining the right to protect sources. These ethics are important to journalists as it creates this trust between contacts and journalists
allowing for significant public interest stories to break. This can be depicted in the case mentioned before between Steve Pennells and Gina Rinehart.
When Pennells won this case Justice Pritchard outlined that the disclosure of the source would constitute a breach of a fundamental ethical obligation
of journalists' to not disclose sources. This judgement was encouraging for journalists as it defended the importance of their ethical obligations,
specifically the right to protect sources and the right for sources to trust journalists with information they gave them confidentially. Without this trust
between journalists' and sources many public interest stories would not arise as it means that sources with genuine public interest concerns about
corruption and abuses of power will think twice before contacting a journalist. They would also not arise due to journalists' fears of either having to
reveal confidential information or face dire consequences for not disclosing these private details. This can be portrayed in 2012 as Fairfax journalists,
Nick Mckenzie, Richard Baker and Philip Dorling were ordered by the NSW Supreme Court to reveal to a Chinese–Australian businesswoman their
confidential sources for a series of stories on her relationship with a federal Labor MP. To expand on this story further The Age published two
articles alleging Ms Liu paid Joel Fitzgibbon $150,000 as part of ''a campaign to cultivate him as an agent of political and business influence''. The
articles were supported by quotes from 135 pages of documents said to be her personal and business records, including a list of ''money paid'' for
unstated purposes to 22 people, including Mr Fitzgibbons. This required that the

The Relationship Between Australian Law And International Law
Good morning/afternoon fellow Human Rights panellists
In this essay I will be critically analysing an article and report on the relationship between Australian law and International law, reflecting on the
Universal Declaration of Human Rights and whether it ensures the safe guard of human rights for future generations. I will then analyse whether this
promotes peace and equality internationally.
In Australia, human rights are protected in various ways. Unlike similar democracies, for example New Zealand, Australia does not have a Bill that
protects human rights in one single document. International laws also known as treaties or conventions, apply throughout the world. A treaty operates
like a contract. So when a country becomes a party to a treaty, it is then legally required to act in accordance with the rules contained in that treaty.
Australia is a party to a number treaties including anti–racism. The anti–racism treaty imposes obligations and commitments on Australia, meaning that
Australia is required to take measures to eliminate discrimination in the whole of Australia on a human's characteristics or assumed characteristics like
age, race, religion, sex, pregnancy, marital status and disability.
Article 2: Anti–discrimination
Everyone is entitled to all the rights and freedoms set forth in this declaration, without distinction of any kind, such as race, colour, sex, language,
religion, political, or other opinion, national or social origin, property, birth or

The Proposed Law For Strip Terrorists Of Australian...
ESSAY 1– 150 words
The proposed law to strip terrorists of Australian citizenship will have implications for the rule of law in Australia.
To support my argument, I will define what the rule of law is in Australia, the impacts it has on Australian legislation and two factors that are tied in
with the rule of law: retrospective laws and the separation of powers.
In order to support my opinion of the above statement, I will use several methods of research, which will include the following sources; University
textbooks, Academic Journals, Government Sources and court documents.
One of the challenges I faced was finding recent cases and precedents around Australian terrorists and Australian citizenships. In order to complete this
... Show more content on Helpwriting.net ...
A review of media press releases and Hansard suggests that this amendment will have implications on the Rule of Law in Australia and the Australian
Commonwealth Constitution ("Constitution"). In light of this contentious debate, it is necessary to consider the principles of the rule of law in
Australia, retrospective law and the separation of powers. With particular reference to what purpose they serve within the legal framework in Australia
and how the proposed amendment contradicts these principles.
The rule of law in Australia underpins the way the Australian government and society are governed. It is intertwined in the Constitution, making it
an important piece of framework within the Australian Federal legal system.1 The rule of law is not a legal rule but more like the rule of "law",
free from legal constraints and separate from the rule of power such as legislation. The rule of law signifies that all government agencies, bodies and
individuals should never be considered above the law, and always considered as a subject to it.2
One principle that undermines the rule of law is retrospective legislation. A retrospective law seeks to create or amend a legislation that relates to
something in the past. Joseph Raz says, "All laws should be prospective, open and clear", therefore government agencies and citizens should not be
punished for something they did prior to the legislation being passed.3 Retrospective laws are considered inconsistent with the rule

Australian Law Has Reflected The Status Of Women
Australian law has reflected the status of women in Anglo–Celtic culture. Today there are women in Australia from widely diverse cultural
backgrounds and the law has a role in ensuring the safety, freedom, security and equality of opportunity for them all. As the status of women varies
from culture to culture and changes over time, the law has had to adapt and evolve in order to fulfill its role.
Modern Australian law began its existence as British law, applying to 18th– and 19th–century women in their traditional roles. The social and political
values of 19th–century Britain and Australia generally did not provide an opportunity for women to achieve public life, to have a career, to ownproperty
, to make economic decisions for themselves or to exert any substantial control over decision–making in their lives. Many women did not actively seek
to change this situation, because they believed, or at least accepted, the social values of their time.
The primary role of a woman in the 18th and 19th centuries was that of domestic carer. She provided services such as child rearing and housekeeping,
and support for her husband or father, who was considered the sole breadwinner and head of the household, and other males such as adult sons who
may also have contributed.
Many social changes have occurred over time that have allowed women to gain the same rights that men have had for many years. The Industrial
Revolution in the late 18th and early 19th centuries changed the work

Indigenous Australians And The Institution Of Criminal Law
This essay looks at Indigenous Australians in relation to the institution of 'Criminal Law'. In this context, criminal law refers to legal processes such as
police questioning, investigation and detainment as well as arrest, custody and bail. It also encompasses associated court procedures up to the point of
sentencing. The focus will be to first outline the importance of criminal law to Indigenous Australians and then provide a critical analysis of the unique
experiences and barriers that this group encounter in accessing criminal law in a positive way. Following this analysis, the development of possible
ways to improve Indigenous access to criminal law will be discussed. Particular attention will be given to the way in which Indigenous Australians are
affected by the transition of our modern justice system toward broader social justice concepts that incorporate risk management of potential criminal
behaviour. From this discussion a conclusion will be drawn as to whether or not Indigenous Australians enjoy equality of criminal law and whether the
structural elements of the law itself perpetuate Indigenous injustice and disadvantage.
CRIMINAL LAW IN THE CONTEXT OF INDIGENOUS AUSTRALIANS
When considering why criminal law is important in achieving justice for Indigenous Australians it is pertinent to recognise that Indigenous people are
grossly over–represented in the criminal justice system. Recent data suggests that Indigenous Australians aged 10 and over are 7.5 times

Conflict Resolution And The Australian Contract Law

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