The latest Part of the Australian Business Law Review publishes the following articles: “A step too far in consumer credit protection: Are external dispute resolution schemes wielding the sword of Damocles?” – Franci Cantatore and Brenda Marshall; “Advertising by professions and the Competition and Consumer Act 2010 (Cth)” – Anthony Gray; “Do deep pockets have a place in competition analysis?” – Rhonda L Smith and David K Round; and “How likely is “likely”? Metcash, counterfactuals and proof under s 50” – Daniel McCracken-Hewson. There is also a Consumer Dealings section and a Franchising section.
By Chief Justice Brian Martin. The High Court has acknowledged that the stand taken by the court with respect to directions concerning proof beyond reasonable doubt is an “extreme and exceptional” one. What does beyond reasonable doubt mean? Why is it that judges believe it is an expression used and well understood by “ordinary people”? The experience of trial judges and research suggests otherwise.