Statutory injunction - call for amendment to s 1324 of the Corporations Act

It is well documented that s 1324 is a useful tool for restraining a person from engaging in conduct that contravenes the Corporations Act 2001 (Cth). Without examining the provision, one tends to agree with that statement. In practice, however, the provision does not often provide the outcome that is expected. The author argues that the lack of use of s 1324 is due to the uncertainty and ambiguity in the application of the provision. Unlike with ASIC, the test that a person must satisfy when applying for an injunction is not clear cut. Whether damages could be claimed under s 1324 in place of an injunction is also unclear. The article sets out to argue that some integration with the equitable principles is vital for the survival of s 1324, as injunctions are traditionally a remedy conferred in equity and the Parliament has adopted the concept.

Principles of equity and trusts

The Principles of Equity and Trusts 3rd edition provides a comprehensive summation of the principles of equity, the law of trusts and equitable remedies. The book is designed to meet the needs of both students and practitioners.

It includes developments in areas such as the relationship between common law and equity, undue influence, tracing, interim injunctions, and resulting trusts. Covering the general principles associated with the equity and trusts jurisprudence, this textbook is useful for undergraduate study of the subject.

Principles of equity and trusts

This fourth edition of Principles of Equity and Trusts has been comprehensively updated and revised. It retains its original style of presenting principles and remedies relevant to equity and trusts in a straightforward and succinct manner.This new edition includes a discussion of new developments in knowing receipt constructive trusts, resulting trusts, charitable trusts, injunctions, equitable recission and forfeiture. All chapters have been fully revised, with significant new analysis in a range of chapters including those dealing with the relationship between common law and equity, fiduciary obligations and certainty rules for the creation of trusts.New case discussions in this edition include:Stack v Dowden (2007) (the House of Lords considering the presumptive application of resulting trusts in domestic de facto relationships);Trustees of the Property of Cummins (a bankrupt) v Cummins [2006] (the High Court considering the presumptive application of purchase money resulting trusts in a marriage relationship);Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) (the High Court considering the scope and application of knowing receipt constructive trusts);Twinsectra v Yardley [2002] and Barlow Clowes International Ltd (in liq) v Eurotrust International [2006] 1 All ER 477 ( the House of Lords considering the dishonesty test relevant to knowing assistance constructive trusts) and Commissioner of Taxation v Word Investment Ltd [2006] (the Federal Court considering the scope of the charitable purpose test).This new edition remains an ideal book for undergraduate study, covering all aspects of equity and trusts jurisprudence in an accessible, comprehensive and up to date style.

The recognition and protection of well-known trade marks in Indonesia

Legal context The recognition and protection of well-known marks in Indonesia has improved over the last few years for a variety of reasons.

Key points First, the Asian Crisis resulted in the creation of a Commercial Court, which is a clear improvement over the previously responsible District Courts. Secondly, the increasingly frequent publication of court decisions has improved transparency and consistency of those decisions. Well-known marks are now clearly protected against use for similar goods/services. Protection is extended to dissimilar goods/services by applying Article 16(3) TRIPS directly or by arguing that registration occurred in bad faith. Nevertheless, decisions thus far concern almost exclusively revocation and invalidity of registrations. Civil remedies such as damages and interim injunctions are hardly used, because the outdated civil procedural law has not familiarised judges with such legal instruments. Clearing the register of infringing registrations is another matter of concern. Cancellation for non-use for three consecutive years can be difficult, because the plaintiff is required to provide evidence of the last use in the production of the goods/services rather than in the course of trade more generally.

Practical significance While it has become much easier to protect well-known marks in Indonesia, much work remains to be done regarding the procedural framework of civil infringement proceedings and regarding the clearing of the register.

The ‘flow of Asia’ — vocabularies of engagement : a cultural history

The article reviews the history of Australian representations of Asia from the mid-19th century to the present. It argues that there are instructive continuities between recent references to ‘Asia literacy’ and to injunctions to know Asia that date from the late 19th century. It examines representations of Asia that stress fluidity and unpredictability, and argues that fluid Asia has been assigned characteristics not unlike those attributed to women and the crowd. The implications of this analysis for recent discussions of the threat posed by political Islam are also referred to. In such discussions ‘the proper treatment of women’ is commonly represented as both an established Australian value and one now under threat. The article ends by suggesting that the Howard government sought to marginalise ‘Asia literacy’, replacing it with ‘Australia literacy’.

Hindu and Muslim women's everyday relations and agency: Gender and the Ganga-Jamni tehzib in Jaipur

Multireligious syncretism in cities is chiefly upheld by the engagements of everyday life where enduring bonds are formed and sustained. This article studies the feminised dimensions of the 'everyday' in the home and neighbourhood of Jaipur city in India, which it sees as spaces of everyday activities and encounters between communities in multireligious Indian cities. Women's mutual engagements and agency in these spaces are vital to support cohesive multireligious community development in Indian cities. However, patriarchal political Hindu injunctions against Hindu women engaging with the 'Muslim other' are strong, and they consciously and/or subconsciously influence the degree to which Hindu women allow themselves to engage with Muslim women in everyday interactions. It concludes that feminised multi-faith engagement is vital for communal peace and stability, and must be consciously invoked for community development in Indian cities.