Homing devices in choice of Tort Law: Australian, British and Canadian Approaches

Since 1994, Canada, the United Kingdom and Australia have adopted new choice of law rules for cross-border torts that, in different ways, centre on the application of the law of the place where the tort occurred (the lex loci delicti). All three countries abandoned some species of the rule in Phillips v Eyre, which required some reference to the law of the forum (the lex fori) as well as the lex loci delicti. However, predictions were made that, where possible, courts in these countries would continue to show a strong inclination to apply the lex fori in cross-border tort cases - and would use a range of homing devices to do so. A comprehensive survey and analysis of the cases that have been decided under the Australian, British and Canadian lex loci delicti regimes suggests that courts in these countries do betray a homing instinct, but one that has actually been tightly restrained by appeal courts. Where application of the lex fori was formally allowed by use of a 'flexible exception' in Canada and the United Kingdom, this has been contained by courts of first appeal. Indeed, only the continuing characterization of the assessment of damages as a procedural question in Canada and the United Kingdom, seems to remain as a significant homing device for courts in these countries. © 2006 Oxford University Press.

Handing over the keys : Contingency, power and resistance in the context of section 3LA of the Australian Crimes Act 1914

Using the work and ideas of French theorist Michel Foucault the writer examines s 3LA of the Crimes Act, which provides law enforcement officers with power to compel a person to reveal their private encryption keys and other personal information, and concludes that such a section creates fear, redirects flow of power between law enforcement agencies and citizens, and creates resistance.

Friction factors and rheological behavior of Australian honey in a straight pipe

The pumping characteristics of four Australian honey samples were investigated in a straight pipe. Six flow rates (100-500 kg h(-1)) were studied at three temperatures (35-50degreesC). The pressure loss increased with an increase in the length of the pipe, as the low rate was increased and as the temperature was reduced. In the 25.4 mm-pipe, the Reynolds number ranged from 0.2-32.0 and are substantially less than the critica value (2040-2180) for laminar condition in the system. The relationship between the wall shear stress and shear rate approximated power-law behaviour, and the power-law index was not significantly (p>0.05) different from 1.0. The honey samples exhibited Newtonian behaviour at all the temperatures and this was confirmed by rheometric studies using Couette geometry. A friction chart was generated independent of temperature and the type of honey. An equation was developed to predict the pressure loss of the honey in a typical pipeline at any temperature once the viscosity-temperature relationship had been established.