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By Per Laleng. This article urges the Supreme Court of England to adopt an overarching threshold condition delimiting the application of the exception to cases where, in reasonable likelihood, the claimant’s harm was caused by wrongful conduct.
By Kate Wellington. The question of whether a pregnant woman owes a universal duty of care to her unborn child is as yet unresolved in Australian law. This article examines the current law across a number of jurisdictions in order to propose the preferable approach to be adopted in Australia.
By Prue Vines, Mehera San Roque and Emily Rumble. The traditional approach to duty in nervous shock cases required more hurdles to be met than in cases of ordinary physical injury. The feminist critique of these cases demonstrated that these hurdles were created by gendered stereotypes and patriarchal reasoning.
By Ron Paterson. In 2009, the Health and Disability Commissioner considered whether a right to be treated with compassion should be added to New Zealand’s Code of Health and Disability Services Consumers’ Rights.
Rational rejection? The ethical complications of assessing organ transplant candidates in the United Kingdom and the United States
By Lisa Cherkassky. This article provides a detailed examination of the ethical principles available to transplant teams in the United Kingdom and the United States, and the effect that these principles have on assessment procedures, organ allocation protocols, transplant candidates and their prospects.
By Ian Freckelton. This article reviews case law from a number of countries in relation to legal ramifications for those living with Huntington’s disease, reflecting on the need for legal and medical professionals to be aware of the legal consequences of HD for them to be able to discharge their responsibilities holistically, sensitively and informedly.
By Janet Austin. This article considers the impact of recent changes to the ASX and the challenges that will face ASIC in maintaining the integrity of the markets as it attempts to bring them firmly under its control.
By Patrick J Lewis. The decision in Hall v Poolman examined liability for decisions made in times of financial hardship. In the wake of the global financial crisis, directors and executives have to meet numerous challenges which were not present when the insolvent trading provisions were last the subject of debate.
By Gill North. The strategies and priorities of the corporate disclosure regulators in Australia are not entirely clear. This article calls for a bold and effective regulatory framework in order to achieve the policy goals of market fairness and economic efficiency.
By Gerry Bates and Kate Meares. Councils have legal responsibilities for carrying out a wide range of environmental functions. Their capacity to effectively deliver on their environmental responsibilities depends heavily on their capacity to fund and resource appropriate personnel.