Statutory right to rescind contract remained available to buyer subject to specific performance decree

The aftermath of the Queensland floods of January 2011 continues to be played out in the courts. The effect of the floods on such a large scale has awakened the use of some statutory provisions that have not previously been litigated .Section 64 of the Property Law Act 1974 (Qld) is such a section. A version of this provision appears as s 34 of the Sale of Land Act 1982 (Vic). Broadly speaking, these sections permit a buyer of a dwelling house which has been damaged or destroyed between contract and completion to rescind the contract and recover their deposit provided that the rescission notice is given prior to "the date of completion or possession". The Court of Appeal decision of Dunworth v Mirvac Queensland Pty Ltd [2011] QCA 200 appears to be the first litigation upon the application of the section since it came into force in 1975.

An examination of the Community Fisheries Sub-Decree in Cambodia: changes and developments during the drafting process

This study examines the development of the Community Fisheries Sub-Decree. From its promulgation in late 2000 through its draft form in June 20021, this sub-decree has gone through over 25 drafts. Initially, the writing process involved the public intimately: community meetings were conducted, NGOs contributed their knowledge and expertise, and then, with these consultations in mind, the newly-formed Community Fisheries Development Office (CFDO) in the Department of Fisheries (DoF) drafted the sub-decree. Over the following year and a half, the sub-decree went through numerous changes, some of which fundamentally alter the tenor of the legislation. This includes the deletion of some of the primary issues of rural communities, such as what fishing gears they can use and whether they can participate in patrolling the fishing area. While the final form is still pending, there are many questions as to the positive effects that the sub-decree will ultimately have on people’s livelihoods when it is finally approved. This research was undertaken to track the development of the sub-decree to gain a better understanding of how the Cambodian policy-making system functions. Consultations were undertaken with the DoF and CFDO before the research began, both of which agreed to the study. It is hoped that this report will help not only those interested in community fisheries issues, but also those who want to advocate on other Cambodian development issues as well. Due to the sensitive nature of the subject material, and the fact that the sub-decree is still pending, the author has conducted interviews with the express purpose of keeping them confidential. Therefore, no individual will be quoted directly in this study. In addition, many of the English versions of the drafts examined were unofficial translations. The author has made no effort to correct the English in the drafts. Moreover, there are also questions regarding the drafts and their sequence, as no government records were kept of the process or the changes that were made along the way. These have been compiled after the fact. (33 p.)

Chancery decree, June 1786

Portion of decree in the case of George John Fardo v. Commissioners of Confiscation. Signed by Richard Hutson, John Mathews and John Rutledge. Filed 20 June 1786. The text of the decree itself, evidently once enclosed in this sheet, is missing.

Consent decree program of the Department of Justice : Hearings before the Antitrust Subcommittee (Subcommittee no. 5) ... Pt. II, vol. 1-3 American telephone & telegraph co.

Mode of access: Internet.

Council, Lady Chantrey, & the Bodleian; an appeal to Convocation to reject by a monumental majority the illegal Chantrey casts decree (to be proposed to it at 2 p.m., Tuesday, Dec. 1),

Mode of access: Internet.

The clergy-Man's vade mecum : part II : containing the canonical codes of the primitive, universal, Eastern, and Western Church, Down to the Year of our Lord, DCCLXXXVII, done from the original Greek and Latin, omitting no Canon, Decree, or any part of them that is curious or instructive ; with explanatory notes, a large index, and a preface shewing the usefulness of the work; with some reflections on moderate-non-conformity, and the rights of the church

Mode of access: Internet.

Williams Consent Decree : annual report to the General Assembly /

Includes bibliographical references.

Observations on the restrictive and prohibitory commercial system; especially with a reference to the decree of the Spanish Cortes of July 1820.

Mode of access: Internet.

Effect of an inservice on the teachers' knowledge of general school law, Section 504, and the Meta Consent Decree

It is generally assumed by educators that inservice training will make a significant difference in teacher knowledge of topics related to education. This investigation addressed that assumption by examining the effects of various factors, e.g., amount and timing of inservice training, upon teacher knowledge of educational law. Of special interest was teacher knowledge of the law as it pertained to ethnic and other characteristics of students in urban school settings. This study was deliberately designed to determine which factors should be later investigated in a more deterministic form, e.g., an experimental design.^ The investigation built upon that of Ogletree (1985), Osborne (1996) and others who focused on the importance of teacher development as a method to enhance professional abilities. The main question addressed in this study was, "How knowledgeable are teachers of school law, especially with regard to general school law, the Meta Consent Decree and Section 504 of the Rehabilitation Act of 1973."^ The study participants (N = 302) were from the Dade County School System, the fourth largest in the U.S. The survey design (approved by the System), specified participants from all levels and types of schools and geographic representations. A survey instrument was created, pilot tested, revised and approved for use by the district official representatives. After administration of the instrument, the resultant data was treated by several appropriate tests, e.g., multivariate analysis of variance (ANOVA).^ Several findings emerged from the analysis of the data: in general, teachers did not have sufficient knowledge of school law; factors, such as amount and level of education, and status and position were positively correlated with increased knowledge; factors such as years of experience, gender, race and ethnicity were not correlated with higher levels of knowledge. The most significant, however, was that when teachers had participated in several inservice training experiences, typically workshops, and, when combined with other factors noted above, their knowledge of school law was significantly higher. Specific recommendations for future studies were made. ^

Commentary on Star Chamber Decree 1566

A decree prohibiting the publication of any book considered to be contrary to statute, injunction, ordinance and letters patents, as well as banning the importation of such works. This provided the first occasion on which the proprietary interests of the Stationers' Company and the ideological control of the press become explicitly linked.
The commentary describes the background to the Decree and in particular the concern of Elizabeth's High Commission over the influx of Catholic texts from continental Europe. The commentary argues that the Decree is particularly significant in that it formalised, for the first time, the specific link between the interests of the government in regulating and censuring the press and the economic interests of the Stationers' Company. The formal inclusion of the category of ‘letters patents' within the remit of the Decree ensured that works published under a printing privilege now attracted the formal protection of the Star Chamber.

Commentary on Star Chamber Decree 1586

A decree prohibiting the publication of any book contrary to statute, injunction, ordinance and letters patents, as well as any ordinance set down by the Company of Stationers. The formal protection of the Star Chamber was extended not only to books protected under royal printing privileges (see: uk_1566) but to books printed in contravention of the internal regulations of the Stationers' Company itself, further enhancing the significance of ‘stationers' copyright'.
The commentary describes the background to the decree, in particular the religious controversies of the 1570s and 1580s, as well as the dissatisfaction within the general printing trade during this period at the manner in which a number of the printing privileges granted by Elizabeth resulted in the monopolistic control of commercially lucrative works within the hands of a few stationers only. The commentary also details the efforts of the dominant members of the Stationers' Company to influence the substance of the decree and further augment their control over the internal operation of the book trade.

Commentary on Star Chamber Decree 1637

A decree of the Star Chamber designed to regulate the printing of all literary works, whether ecclesiastical or secular in nature. The decree further entrenched the significance and validity of ‘stationers' copyright' in requiring that no work be printed without first being entered on the Company of Stationers' Register Book. The decree also provided that any materials printed thereafter were to carry both the name of the printer and the author of the work.
The commentary describes how, by comparison with earlier decrees (see: uk_1566; uk_1586), the 1637 Decree provided a more elaborate system for licensing both ecclesiastical and secular works as well as a more comprehensive set of regulations to govern the operation of the printing trade. As a regulatory measure, it is widely regarded as representing the high point of the Company of Stationers' control and authority over the book trade.

IG II(3) 864 - Proxeny decree for Habron and Matrias - stoichedon

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