The central hypothesis of the paper is that bit by bit and largely unnoticed Australian corporate law has undergone a profound change. Australian corporate law, and particularly the Corporations Act 2001 (Cth), has moved from an essentially private law, substantive rights model, to one that...

This paper is a response to the claim by Professor Birks that retention of a property right by a plaintiff does not preclude a claim in unjust enrichment. The paper first outlines and then critiques the key elements in Birks' general thesis in respect of the relationship between property rights...

The social and environmental costs imposed by business corporations on society are significant and, as a society, we are increasingly concerned about how to mitigate these impacts. It is this concern and the apparent inability of government to take decisive steps that has made the question of...

The last two decades have seen a move to corporatise many aspects of governmental activity. The central objective of corporatisation has been to produce greater efficiency and more accountability in the public sector. The article addresses the question of whether the private sector company...

The High Court of Australia, in pursuing coherence between common law and statute law, has limited itself to ensuring that the rules of common law and statute law should be free of contradiction. The Court does not appear to have embraced the idea, which lies at the core of some major theories...

The history of the development of company law is such that one might well have anticipated that in its first decade the Supreme Court of New Zealand would have been called upon to consider various aspects of both the common law and statute law of companies. In fact, as we will see, this has not...