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Abstract:
This article considers the elements of relationships and circumstances that are necessary in establishing fiduciary obligations outside the traditionally accepted fiduciary relationships. The question of any divisibility between 'relationships' and 'factual circumstances' in a fiduciary context is also considered.

Fiduciary, Hospital Products

Abstract:
An overview of Australian law in relation to the use of another trademark in search engine marketing. Contrasting the Australian and US positions.

trademarks, search engine marketing, intellectual property, australia

Abstract:
The objective of this paper is to provide an overview of the law in relation to domain name disputes involving trademarks that applies in Australia. Generally the focus of this paper will be confined to consideration of domain names ending with the .au suffix. An overview of the rights associated with domain names, registered business names and registered and unregistered trademarks is provided, as is an outline of the domain name dispute resolution processes and some some summary statistics and key cases in relation to domain name disputes.

domain names, trademarks, business registration, australia

Abstract:
This paper considers a number of aspects of Australia's recently introduced unsolicited commercial email (UCE or spam) legislation, the Spam Act 2003 (Cth). The magnitude and nature of the harm caused by the spam problem is outlined, as are the key provisions of the legislation enacted in an attempt to reduce spam. Observations are made as to some of the perceived shortcomings of the Act, and of lawmakers' approaches in general in trying to legislate against spam. The fundamentals of Australia's legislative approach are contrasted with those of the corresponding US legislation and some key distinctions drawn, notably the Opt-In/Opt-Out dichotomy, Australia having used the former approach, while the US used the latter. Some alternative approaches and suggested enhancements to the Australian legislation are also considered, including proposals by Bill Gates and Lawrence Lessig. Finally there is a summary of and some limited comment on the first case brought under the Australian legislation.

Spam, Unsolicited Commercial Email, Internet Law

Abstract:
This paper considers the legal position of internet search company Google's Book Search project, primarily from an Australian copyright law perspective. An overview of Google generally and the Book Search project specifically is provided as background to discussion on potential liability for direct and indirect copyright infringement that Google may have as result of the project. Key variations between US and Australian law are outlined as they relate to the Book Search project. Finally implications arising from the legality of the project are briefly considered.

Google, Book Search, Copyright, Australia, Intellectual Property

Abstract:
This paper outlines the various avenues that are available in Victoria to remove or modify restrictive covenants on land. Some empirical assessments are made of the relative effectiveness of some of these alternate methods. Some observations and considerations are offered as to whether the current situation in Victoria is the most appropriate.

Restrictive Covenants on Land, Section 84 Property Law Act (Vic), Land Law

Abstract:
When may a lawyer act against a former client? The short answer is that it depends in what state the question is being asked. This paper discusses the lawyer's duty of loyalty as formulated by Brooking J.A. in Spincode v Look Software ('Spincode') and subsequently considered in other Australian cases. Statements from this case, although obiter, have gained support in some other Australian jurisdictions and been rejected in others, notably New South Wales. The doctrine propounded by Brooking J.A. is that there are a number of grounds to support courts restraining lawyers from acting against former clients: implied term of the retainer, inherent duty of courts to restrain it's officers in addition to confidentiality.

successive client conflict, Spincode, Lawyer's duty, duty to client, fiduciary

Abstract:
This paper outlines the process and the knowledge from a project that the authors have been undertaking since late 2006 in attempting to improve commerce students' outcomes in their first law subject.

The project involved the analysis of written exam responses of students enrolled in the first year core Business Law subject in Semester 2, 2006 and also included interviews with students who had not passed the subject and those who had received Distinction grades or above.

The aims of the project were to:

-Investigate which topics (areas of law) students choose, or do not choose, to respond to on the exam and which problem questions are poorly answered.
-Conduct a discourse analysis of selected problem questions to explore the written discourse strategies used, and not used, by 'successful' and 'unsuccessful' students.
-Gain insights into how students gained an understanding of the content and the conventions of Business Law writing, the strategies they used for exam preparation and what additional support or direction they felt could have improved their performance.

education