By Jennifer Tunna. In the last three years, a large number of New Zealand’s finance companies have effectively collapsed and there has been little activity amongst those left standing. As a result, depositors have suffered large losses and investor confidence in the sector has become practically non-existent. In response, the New Zealand government has undertaken substantial reform to the regulatory framework.
By David Perkis. Derivatives markets have attracted considerable attention recently, in the context of both the global financial crisis and equity derivative use in merger and acquisition activity. Yet limited consideration, especially in Australia, has been afforded to how the use of credit derivatives by lenders may affect the ability of a distressed borrower to restructure its debt.
By James Allan. I am a bill of rights sceptic. A good number of the peer reviewed law journal articles I have written in the last decade or so, plus a bunch of book chapters, have been related to the issue of bills of rights, about a couple of dozen such pieces.
By David Spencer. Each issue of ADRJ commences with a look at the most recent cases decided in dispute resolution and the important issues dealth; as well as any ADR topics which have appeared in the news.
By Leighton McDonald. In Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476, the High Court held that s 75(v) of the Constitution entrenches a “minimum provision of judicial review” which limits the effectiveness of statutory attempts to impair the judicial review of Commonwealth administrative action and constitutes a “textual reinforcement” of the “rule of law”.
By Kathy Douglas, Nadia Sager and Rachael Field. Conferencing is a restorative justice process that is used in the criminal justice system in Australia to deal with a variety of offences. In this article, the authors analyse research into the understandings of conferencing practitioners regarding the issue of the neutrality of the third party in facilitating the process.
Book review: International commercial arbitration and conciliation in UNCITRAL model law jurisdictions
Book review by John Dorter. International commercial arbitration and conciliation in UNCITRAL model law jurisdictions by Dr Peter Binder. Australia’s arbitration community caught in the rush to the Model Law, (inter)nationally and in at least New South Wales, will be grateful for the help afforded by this splendid text.
By Adrian Bellemore. The failure to commit to writing, fully and explicitly, the terms of an agreement may very well give rise to proceedings being taken by a party seeking to enforce what that party may allege is the agreement and in circumstances where the other party disputes such an allegation.
By Owen Hayford. This article considers the impact of proportionate liability legislation on contractual risk allocation, and why one might seek to contract out of the legislation.
By Kristy Richardson and John Compton. This article examines s 281 of the Mineral Resources Act 1989 (Qld) and the way that section has been interpreted in the context of assessing compensation for landowners affected by the grant of a mining lease over their land.