If you can see through the illusion, you are part of the solution
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This article considers the process of historical development of the bankruptcy and insolvency laws in the United Kingdom, the United States and Australia. The central point is to demonstrate that the process has been one ofprogressive liberalisation of consequences accompanied either by increased regulation or new and innovate flexible techniques of creditor involvement. We conclude Read More …
The common law has long regarded a person’s property rights as fundamental. William Blackstone said in 1773: ‘There is nothing which so generally strikes the imagination, and engages the affections of mankind, as the right of property’.1 In the national consultation on ‘Rights and Responsibilities’, conducted by the Australian Human Rights Commission (AHRC) in 2014, Read More …
This paper is a comprehensive analysis of the barring of suits by cestuis que trust against their trustees for breach of trust. The defence of acquiescence is examined, with a specific focus on its meaning and constituent elements, after an analysis of the recent decision of the High Court of Australia in Byrnes v Kendle. Read More …
The causation question and the suggested answer At common law the question of causation is fundamental. But, as is often acknowledged, the basic question of causation is not a question of law: it is commonly described, in a misleading expression, as ‘causation in fact’. The true causal question is not actually one of fact. It Read More …
What is identity theft? Identity theft is when someone takes and uses your personal information such as name, address, date of birth or mother’s maiden name to commit theft. With enough personal information, thieves can: Withdraw money from your bank accounts, including by internet and over the phone. open new bank accounts in your name Read More …
The Federation of Australia and the establishment of a National flag for Australia occurred in 1901, yet there was no formal Coat of Arms for Australia at this time. Australia’s first official Coat of Arms (above) was rudimentary, though managed to capture something special about our country and its relationship with mother England. The use Read More …
Under the rule of construction “expressio unius est exclusio alterius,” where a statute or Constitution enumerates the things on which it is to operate or forbids certain things, it is ordinarily to be construed as excluding from its operation all those not expressly mentioned. Generally words in a statute should be given their plain and Read More …
‘Person’ Bible quotes; in alphabetical order. Acts 10:34 “Then Peter opened his mouth, and said, Of a trueth I perceiueth, God is no respecter of persons:” Deuteronomy 10:17 “For the LORD your God is God of gods, and Lord of lords, a great God, a mighty, and a terrible, which regardeth not persons, nor taketh Read More …
Liberty consists in the freedom to do everything which injures no one else; hence the exercise of the natural rights of each man has no limits except those which assure to the other members of the society the enjoyment of the same rights. These limits can only be determined by law. If you Read More …
English Law, like the English language, is an amalgam of diverse cultural influences. The legal system may fairly be seen as a composite of discrete elements from disparate sources. Several elements of historical Jewish legal practice have been integrated into the English Legal system. Notable among these is the written credit agreement- shear, or Starr, Read More …