Principles of Australian public law

In this relatively short book, David Clark sets out to fill what he perceives to be a gap in the presently available writing on Australian public law by achieving two distinct objectives. The first is to remedy 'one of the oddest limitations of current public law writing in Australia' by detailing the history and operation of the state and territory constitutions as well as their philosophical underpinnings. The other is to explore certain areas of federal public law, such as the laws applicable to the constitution and operation of the Commonwealth Parliament and non-judicial bodies such as the Ombudsman, which are often not dealt with in leading constitutional and administrative law texts. It is acknowledged by the author that attempting to cover such a wide range of topics is a 'high-wire act'. Fortunately, apart from one slight stumble, Clark manages to keep his balance and has produced a useful précis of a number of the institutions and concepts that are fundamental to the orderly functioning of Australian society.

Pacific Carriers Ltd v BNP Paribas

High Court decision in Pacific Carriers v BNP Paribas, that BNP Paribas was estopped from denying the authority of its manager to sign the documents on its behalf will be a relief to third parties who rely on documents signed for and on behalf of financial institutions - particularly to those involved in the shipping industry who seek letters of indemnity relating to discharge of cargo without production of bills of lading.

The development of the divided profession in Queensland

The structure of the Queensland legal profession today is a product of a series of historical developments that can be traced to the beginnings of the legal profession in England. A proper understanding of the present practice and structure of the Australian legal profession needs an understanding of these English origins and then of the profession's introduction into Australia. It is proposed, therefore, to give a brief outline of the development of the legal profession in England and then to deal with the early years of the profession in the Colony of New South Wales after British settlement. The article will then describe the development of the profession in Queensland after separation from New South Wales in 1859 with some emphasis on the major changes relating to the roles of barristers and solicitors.

Transnational organised crime and the International Criminal Court developments and debates

Limitation to jurisdiction of International Criminal Court (ICC) - proposal to strengthen the universal criminalisation of transnational organised crimes by enabling them to be prosecuted through an international authority - debate on whether existing offences under the ICC Statute encompass certain transnational organised crimes - whether the Statute should be expanded to include crimes that have been recognised in international treaties.

Unconscionability and commercial law

Standard of unconscionability in private and commercial cases - argument for caution in the standard's use - instability as a juridical notion - concern about the coherence of the doctrine - statutory provisions in Australia compound current problems - questionable status of unconscionability as a legally useful term.