The implication of a term of good faith in commercial leases

Much has been written in the past decade on the subject of the implication of a term of good faith in contracts in Australia, particularly since the judgment Priestley JA in Renard Constructions (ME) Pty Ltd v Minister for Public Works (1992) 26 NSWLR 234. Except for an early article by Rachael Mulheron, 'Good Faith and Commercial Leases: New Opportunities for the Tenant' (1996) 4 APLJ 223, very little else has been written with respect to the possible application of the doctrine to the commercial leases.With the advent of two later New South Wales Supreme Court decisions Alcatel Australia Ltd v Scarcella (1998) 44 NSWLR 349 and, more recently, Advance Fitness v Bondi Diggers [1999] NSWSC 264, the question of the application of the doctrine in the commercial leasing context has been examined. This article briefly considers the nature and substance of the doctrine against the background of the relationship of lessor and lessee and examines in some depth the Australian decisions on commercial leases where it has been sought, unsuccessfully, to apply the doctrine. The article concludes by suggesting that as a standard commercial lease usually covers the field of agreement between lessor and lessee and as a lessee has a high degree of statutory protection derived from equitable principles, there may be little room for the operation of the doctrine in this legal environment.

Imperception? Dreamtime 2.0 Down Under

The Northern Hemisphere slumbers, dreaming that – one day – it is going to split up its empire, before the seas boil and the towers collapse. During this same dark night, Australia is wide awake, chirpy as a Canadian, strapping as a Bondi blonde, having an election...

Exploring representations of Asian identities in films for the Australian Curriculum

In this paper we focus on one facet of Asia literacy and examine the potential of intercultural understanding through two films about Asians in Australia, as the basis for exploring Asia and Australia’s engagement with Asia 'inside' and not through the more accepted mode of 'outside' the nation. In doing so we foreground how teachers’ critical and imaginative curriculum work can realise some of the promises of the framing document for the current national curriculum project, the Melbourne Declaration (MCEECDYA, 2008). In particular, we focus on opportunities for young people to develop an Asia-related cultural literacy that goes beyond instrumental notions of engagement with Asia and explore the evolving nature of contemporary Australian society; a society that continues to develop in response to regional flows and interactions with people and cultures. To this end we engage with the notion of “diasporic hybridity” as a dynamic cultural space through selected films and literature, about Asia in Australia, in particular, Bondi Tsunami (Lucas, 2004) and Footy Legends (Do, 2006) and selected prose works. Our paper introduces the policy background of the Australian Curriculum and suggests multimodal, English classroom applications for the films and literature under study.

Strolling the coastline: criminology in everyday life : through ‘landscape’ from gaol to ‘badlands’

Part travelogue, part flight of fancy, this paper recounts a coastline stroll from Maroubra Beach to Bondi in Sydney’s eastern suburbs. The author as ‘travel guide’ points out features of potential interest to two visiting criminological colleagues as they ‘pass by’ scenery of great beauty shadowed by acts of spectacular violence. The everyday acts of walking and talking while passing through a ‘landscape’ serve to constitute a criminology of everyday life, illustrating the way in which a consciousness of crime, crime sites, analyses and theories permeates the ways a ‘tourist trail’ might be experienced and seen, myths made and histories forged. The walk starts with the unseen lines of penal force radiating from Long Bay Gaol, before skirting through surfing and its regulation; the ‘brotherhood’ of the BRA Boys; the Hines killing and the politics of self defence; the shark arm case, the Virgin Mary and the Bali bombing memorial at Coogee; zones of the beach and Jock Young’s Vertigo at Bronte and Tamarama; before finishing at the Marks Park ‘badlands’ at Bondi, scene of a series of mostly unsolved and unpunished homophobic killings, giving rise to reflections on ‘ungrievable lives’, memory, mourning and forgetting.

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Australian research and technological solutions are now being applied throughout the world.