This paper assesses the present state of good faith as a concept used in the resolution of contractual disputes under Australian law. Its thesis is that the current law is incoherent due to the wide variety of views expressed in the cases and the failure to integrate good faith within principles...

This paper, an edited and footnoted transcript of a presentation at a research Centre of Excellence at Hokkaido University, looks at the influence of “responsive regulation” theory on the large-scale “Australian Consumer Law” reforms enacted in 2010. It outlines some frameworks developed...

This article uses the context of tort reform legislation to trace the impact of legislation on the principles and operation of tort law, and to analyse the continuing role of the common law in an age of statutes. Broad legislative reforms raise a number of questions of statutory interpretation...

The introduction of proportionate liability for claims for purely economic loss and property damage arising out of tortious or contractual negligence, or misleading and deceptive conduct by corporations and others, will change the way litigation will be planned and conducted in Australia, as it...

This article considers how the current High Court of Australia is approaching the issue of commercial construction of contracts by considering several recent cases. The article argues that the High Court has not taken advantage of opportunities to develop the concept of commercial construction....

This article provides a detailed examination of the Clean Energy Future Package, including a comparison with the previously proposed Carbon Pollution Reduction Scheme, and an analysis of the Jobs and Competitiveness Program

The paper argues that without a realistic understanding of criminal enterprise located against the commercial forces shaping contemporary Asian market contexts, then domestic, bi-lateral, regional and international control initiatives are not only likely to fail in their regulatory objectives,...

In the more than thirty years that have passed since the adoption of the Additional Protocols to the Geneva Conventions of 1949, there has been no revisiting of the Geneva laws, to see whether they still effectively regulate their subject-matter. Indeed, even if the Geneva Conventions were...

Private military and security contractors have been the focus of international attention in recent years, largely due to their prominent role in the conflicts in Iraq and Afghanistan. Given the increased public scrutiny of private military and security contractors (PMSCs), there have been...

This paper seeks to understand what is to be regulated in market failure. Where the paper benefits but diverges from Polanyi’s analysis is to explore the global self-regulatory markets of today and to suggest that his differentiation of fictitious from socially-sustained (embedded) market...