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University of Melbourne Law School Legal Studies Research Paper Series

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Viewing: 1 - 50 of 1,168 papers

1.

The Remedial Approach to Proprietary Estoppel in Singapore

[2020] Conveyancer and Property Lawyer 11
Number of pages: 18 Posted: 14 Jan 2021
Accepted Paper Series
University of Melbourne - Melbourne Law School
Downloads 5
2.

Proprietary Estoppel in Australia: Two Options for Exercising Remedial Discretion

(2020) 43 University of New South Wales Law Journal 281
Number of pages: 27 Posted: 14 Jan 2021
Working Paper Series
University of Melbourne - Melbourne Law School
Downloads 4
3.

Proprietary Estoppel Remedies in Hong Kong: Lessons from Singapore, England, and Australia

(2020) 50 Hong Kong Law Journal 109
Number of pages: 25 Posted: 14 Jan 2021
Accepted Paper Series
University of Melbourne - Melbourne Law School
Downloads 15
4.

Constructive Trusts and Limitation Periods in Malaysia

[2020] 1 Legal Network Series (A) xvi, 1
Number of pages: 19 Posted: 14 Jan 2021
Accepted Paper Series
University of Melbourne - Melbourne Law School
Downloads 2
5.

Limitation Periods and Constructive Trusts in Malaysia

in Ying Khai Liew and Matthew Harding (eds), Asia-Pacific Trusts Law: Theory and Practice in Context, Hart Publishing, Forthcoming
Number of pages: 36 Posted: 14 Jan 2021
Working Paper Series
University of Melbourne - Melbourne Law School
Downloads 8
6.

Introduction

in Ying Khai Liew and Matthew Harding (eds), Asia-Pacific Trusts Law: Theory and Practice in Context, Hart Publishing, Forthcoming
Number of pages: 14 Posted: 14 Jan 2021
Working Paper Series
University of Melbourne - Melbourne Law School and University of Melbourne - Law School
Downloads 14
7.

Constructive Trusts and Discretion in Australia: Taking Stock

Melbourne University Law Review, Forthcoming
Number of pages: 25 Posted: 14 Jan 2021
Working Paper Series
University of Melbourne - Melbourne Law School
Downloads 20
8.

Justifying Anglo-American Trusts Law

William & Mary Business Law Review, Forthcoming
Number of pages: 38 Posted: 14 Jan 2021
Working Paper Series
University of Melbourne - Melbourne Law School
Downloads 18
9.

Explaining Assignments of Arbitration Agreements

Cambridge Law Journal, Forthcoming
Number of pages: 23 Posted: 14 Jan 2021
Working Paper Series
University of Melbourne - Melbourne Law School
Downloads 5
10.

'Unconscionability' and the Case Against Lumping: Three Case Studies

Trusts & Trustees, Forthcoming
Number of pages: 16 Posted: 14 Jan 2021
Working Paper Series
University of Melbourne - Melbourne Law School
Downloads 13
11.

The Unconscionable Bargains Doctrine in England and Australia: Cousins or Siblings?

Melbourne University Law Review, Forthcoming
Number of pages: 23 Posted: 14 Jan 2021
Working Paper Series
University of Melbourne - Melbourne Law School and University of Melbourne - Melbourne Law School
Downloads 34
12.

Virtual Shareholder Meetings in Australia

International Company and Commercial Law Review, Vol. 32, No. 2, 2021, pp. 53-79
Number of pages: 28 Posted: 13 Jan 2021 Last Revised: 15 Jan 2021
Working Paper Series
University of Melbourne and Melbourne Law School - University of Melbourne
Downloads 19
13.

Financial Crisis Management Under the Twin Peaks Model of Financial Regulation – Australia and the UK Compared

Published as Chapter 3 in 'Regulation and the Global Financial Crisis: Impact, Regulatory Responses, and Beyond' edited by D Cash and R Goddard, Routledge, London, 2020, pp. 61-84
Number of pages: 19 Posted: 06 Jan 2021
Working Paper Series
Melbourne Law School, Monash University - Faculty of Law and Melbourne Law School - University of Melbourne
Downloads 14
14.

A 'Damaging Loophole' 'Long Overdue' for Closing: Extending Consumer Protections Against Unfair Contract Terms to insurance

Competition and Consumer Law Journal, Vol 27, No. 3, 2020, pp. 264-294
Number of pages: 29 Posted: 06 Jan 2021
Working Paper Series
University of Melbourne - Law School, Melbourne Law School - University of Melbourne and University of Melbourne - Law School
Downloads 12
15.

Literature Review on the Governance of Work

International Labour Organization 2019
Posted: 29 Dec 2020
Accepted Paper Series
University of Melbourne - Law School and University of Melbourne
16.

Scrutinising COVIDSafe: Frameworks for Evaluating Digital Contact Tracing Technologies

Alternative Law Journal, Vol. 45, No. 3, 2020, U of Melbourne Legal Studies Research Paper No. 921
Number of pages: 15 Posted: 23 Dec 2020
Accepted Paper Series
University of Melbourne and University of Melbourne - Law School
Downloads 13
17.

Big Brands, Big Responsibilities? An Examination of Franchisor Accountability for Employment Contraventions in the United States, Canada, and Australia

Comparative Labor Law and Policy Journal, Vol 42, No. 2, 2018, U of Melbourne Legal Studies Research Paper No. 922
Number of pages: 41 Posted: 22 Dec 2020
Accepted Paper Series
University of Melbourne - Law School
Downloads 5
18.

Missing in Action: The Global Strategy to Reduce the Harmful Use of Alcohol and the WTO

European Journal of Risk Regulation, forthcoming, U of Melbourne Legal Studies Research Paper No. 920
Number of pages: 26 Posted: 22 Dec 2020
Accepted Paper Series
University of Melbourne - Law School
Downloads 7
19.

Public Health, Intellectual Property, and the Trade and Investment Law Challenges to Australia and Uruguay's Tobacco Packaging Laws

Australian Year Book of International Law, Vol. 37 No. 1, 2020, U of Melbourne Legal Studies Research Paper No. 919
Number of pages: 8 Posted: 22 Dec 2020
Accepted Paper Series
McCabe Centre for Law & Cancer and Melbourne Law School and Melbourne School of Population and Global Health
Downloads 9
20.

Submission: Review of Australia's Bilateral Investment Treaties

Number of pages: 6 Posted: 12 Dec 2020
Working Paper Series
University of Melbourne - Law School
Downloads 18
21.

Part 3-1, Adverse Action and Equality

Australian Journal of Labour Law, Vol. 33, No. 1, 2020, U of Melbourne Legal Studies Research Paper No. 916
Number of pages: 14 Posted: 01 Dec 2020
Accepted Paper Series
University of Melbourne - Law School
Downloads 11
22.

Working for the Brand: The Regulation of Employment in Franchise Systems in Australia

Australian Business Law Review, Vol. 48, No. 3, 2020, U of Melbourne Legal Studies Research Paper No. 915
Number of pages: 24 Posted: 01 Dec 2020
Accepted Paper Series
University of Melbourne - Law School
Downloads 9
23.

Frustratingly Unclear? The Interplay Between Common Law, Statute and the ACL in Assessing Consumer Rights in a Time of Crisis

Australian Business Law Review, Vol. 48, No. 2, 2020, U of Melbourne Legal Studies Research Paper No. 912
Number of pages: 12 Posted: 01 Dec 2020
Accepted Paper Series
University of Melbourne - Melbourne Law School and University of Melbourne - Law School
Downloads 39
24.

If One Thai Bottle Should Accidentally Fall: Health Information, Alcohol Labelling and International Investment Law

Journal of World Investment and Trade, Vol. 21 No. 5, 2020, U of Melbourne Legal Studies Research Paper No. 911
Number of pages: 26 Posted: 01 Dec 2020
Accepted Paper Series
Faculty of Law, Monash University and University of Melbourne - Law School
Downloads 9
25.

Cause to Complain? Consumer Experiences of Internal and External Dispute Resolution in the Context of General Insurance

Australasian Dispute Resolution Journal, Vol. 30, No. 4, 2020, pp. 302-316 , U of Melbourne Legal Studies Research Paper No. 924
Number of pages: 19 Posted: 20 Nov 2020 Last Revised: 21 Dec 2020
Accepted Paper Series
University of Melbourne - Law School, Melbourne Law School - University of Melbourne and University of Melbourne - Law School
Downloads 17
26.

Trivial to Troubling: The Evolution of Enforcement under the Fair Work Act

Australian Journal of Labour Law, Vo. l33, No. 1, 2020, U of Melbourne Legal Studies Research Paper No. 909
Number of pages: 19 Posted: 28 Oct 2020
Accepted Paper Series
University of Melbourne - Law School
Downloads 9
27.

Introduction to the Oxford Handbook on Freedom of Speech

Forthcoming in A Stone and F Schauer (eds), Oxford Handbook on Freedom of Speech, Oxford University Press, 2020, U of Melbourne Legal Studies Research Paper No. 905
Number of pages: 18 Posted: 28 Oct 2020 Last Revised: 28 Oct 2020
Accepted Paper Series
University of Melbourne - Law School and University of Virginia School of Law
Downloads 144
28.

Resettlement

C Costello, M Foster, J McAdam, Oxford Handbook of International Refugee Law (OUP, 2020), U of Melbourne Legal Studies Research Paper No. 913
Number of pages: 18 Posted: 27 Oct 2020 Last Revised: 30 Nov 2020
Working Paper Series
University of Melbourne - Law School and University of Toronto - Faculty of Law
Downloads 29
29.

An Analysis of Board of Director Appraisal Disclosures in Australia and the United States

Business Law Review, Vol. 41, No. 5, 2020, pp. 160-171
Number of pages: 30 Posted: 21 Oct 2020
Accepted Paper Series
Melbourne Law School - University of Melbourne and Melbourne Law School, University of Melbourne
Downloads 16
30.

The Geography of Bankruptcy in Australia

American Bankruptcy Institute Law Review, Vol 28, No. 2, 2020, pp. 303-325
Number of pages: 21 Posted: 21 Oct 2020
Working Paper Series
Melbourne Law School, Melbourne Law School and Melbourne Law School - University of Melbourne
Downloads 19
31.

Green Bonds: Legal and Policy Issues

Capital Markets Law Journal, Vol. 15, No. 4, 2020, pp. 418-442, U of Melbourne Legal Studies Research Paper No. 917
Number of pages: 27 Posted: 21 Oct 2020 Last Revised: 07 Dec 2020
Working Paper Series
University of Melbourne and Melbourne Law School - University of Melbourne
Downloads 48
32.

The State Strikes Back: Supervision and Sanctioning of Unlawful Industrial Activity by Federal Government Agencies in Australia

Shae McCrystal, Breen Creighton and Anthony Forsyth (eds) Collective Bargaining under the Fair Work Act (Federation Press, 2018)
Number of pages: 17 Posted: 19 Oct 2020 Last Revised: 27 Nov 2020
Accepted Paper Series
University of Melbourne - Law School
Downloads 3
33.

The Interaction of Labour Inspection and Private Compliance Initiatives: A Case Study of Better Work Indonesia

Better Work Discussion Paper Series: No. 21
Number of pages: 56 Posted: 19 Oct 2020
Working Paper Series
University of Melbourne - Law School, affiliation not provided to SSRN and International Labour Office
Downloads 5
34.

Intersectional Discrimination in Australia: An Empirical Critique of the Legal Framework

University of New South Wales Law Journal, Vol. 43, No. 3, 2020
Number of pages: 28 Posted: 07 Oct 2020
Accepted Paper Series
Melbourne Law School, the University of Melbourne and affiliation not provided to SSRN
Downloads 9
35.

Who Should be the Super Police? Detection and Recovery of Unremitted Superannuation

(2014) 37(1) UNSW Law Journal 162
Number of pages: 33 Posted: 07 Oct 2020
Accepted Paper Series
Melbourne Law School and University of Melbourne - Law School
Downloads 2
36.

The Form and Substance of Equitable Estoppel

Andrew Robertson and James Goudkamp (eds), Form and Substance in the Law of Obligations (Oxford, Hart Publishing, 2019) 249–273
Number of pages: 22 Posted: 05 Oct 2020
Working Paper Series
University of Melbourne - Law School
Downloads 34
37.

The 'Creditors' Interests Duty': When Does It Arise and What Does It Require?

Law Quarterly Review, Vol. 135, No. 3, pp. 385‐390, 2019, U of Melbourne Legal Studies Research Paper No. 914
Number of pages: 6 Posted: 05 Oct 2020 Last Revised: 30 Nov 2020
Accepted Paper Series
University of Melbourne - Law School and Melbourne Law School - University of Melbourne
Downloads 138
38.

An Integrated Approach to Statutory Interpretation: Directors' Duties in the UK

Prue Vines and M Scott Donald (eds), Statutory Interpretation in Private Law (Federation Press, 2019) , U of Melbourne Legal Studies Research Paper No. 923
Number of pages: 31 Posted: 05 Oct 2020 Last Revised: 21 Dec 2020
Accepted Paper Series
University of Melbourne - Law School
Downloads 63
39.

Purpose-Based Governance: A New Paradigm

(2020) 43(3) University of New South Wales Law Journal (Advance), U of Melbourne Legal Studies Research Paper No. 907
Number of pages: 24 Posted: 05 Oct 2020 Last Revised: 27 Oct 2020
Accepted Paper Series
University of Melbourne - Law School
Downloads 87
40.

Use of the Corporate Form for Public Benefit - Revitalisation of Australian Corporations Law

(2020) 43(3) University of New South Wales Law Journal (Advance), U of Melbourne Legal Studies Research Paper No. 908
Number of pages: 30 Posted: 05 Oct 2020 Last Revised: 27 Oct 2020
Accepted Paper Series
University of Melbourne - Law School
Downloads 61
41.

Capital Raising by Companies During the COVID-19 Crisis: An Analysis of Recent ASX Reforms

Company and Securities Law Journal, Vol. 37, No. 7, 2020, pp. 502-507
Number of pages: 10 Posted: 01 Sep 2020
Working Paper Series
University of Melbourne and Melbourne Law School - University of Melbourne
Downloads 46
42.

Equity Crowdfunded Companies in the United Kingdom: What Factors Determine Post-campaign Success?

Company and Securities Law Journal, Vol. 37, No. 6, 2020, pp. 426-434
Number of pages: 9 Posted: 27 Aug 2020
Working Paper Series
Monash University - Faculty of Law, Melbourne Law School - University of Melbourne and Melbourne Law School, University of Melbourne
Downloads 24
43.

Reconsidering the Notion of Employer in the Era of the Fissured Workplace: Traversing the Legislative Landscape in Australia

Reprinted from Bulletin of Comparative Labour Relations, 95, (2017), 53-80, with permission of Kluwer Law International.
Number of pages: 28 Posted: 24 Aug 2020
Accepted Paper Series
University of Melbourne - Law School
Downloads 7
44.

From South Africa to Sri Lanka: Prospects of Travel for 'Transformative Constitutionalism'

Asian Journal of Comparative Law, Vol. 15, No. 1, 2020, U of Melbourne Legal Studies Research Paper No. 902
Number of pages: 24 Posted: 17 Aug 2020
Accepted Paper Series
University of Melbourne - Law School
Downloads 18
45.

Police Doorknocking in Comparative and Constitutional Perspective: Roy v O’Neill

Sydney Law Review, Volume 42(3), 2020 Advance, U of Melbourne Legal Studies Research Paper No. 901
Number of pages: 11 Posted: 17 Aug 2020
Accepted Paper Series
University of Melbourne, School of Law
Downloads 37
46.

On 'Dynastic' Inequality

Forthcoming in: Stephen Gardiner (ed), Oxford Handbook of Intergenerational Ethics, Oxford University Press, U of Melbourne Legal Studies Research Paper No. 903
Number of pages: 25 Posted: 17 Aug 2020
Accepted Paper Series
University of Melbourne and University of Melbourne - Law School
Downloads 40
47.

Climate Change Litigation in Australia: Law and Practice in the Sunburnt Country

Forthcoming in: Ivano Alogna, Christine Bakker & Jean-Pierre Gauci (eds), Climate Change Litigation: Global Perspectives, Brill, U of Melbourne Legal Studies Research Paper No. 900
Number of pages: 27 Posted: 17 Aug 2020 Last Revised: 18 Aug 2020
Accepted Paper Series
University of Melbourne - Law School and University of Melbourne - Law School
Downloads 107
48.

Conflicts and Coherence in the Charities Sphere: Would a Conflict By Any Other Name Proscribe the Same?

(2020) 14(1) Journal of Equity, 1-31, U of Melbourne Legal Studies Research Paper No. 899
Number of pages: 34 Posted: 14 Aug 2020 Last Revised: 17 Aug 2020
Accepted Paper Series
University of Melbourne - Law School
Downloads 41
49.

The ‘Safe Harbour’ Reform of Directors’ Insolvent Trading Liability in Australia: Insolvency Professionals’ Views

Australian Business Law Review, Vol. 48, No. 1, 2020, pp. 7-26 , U of Melbourne Legal Studies Research Paper No. 904
Number of pages: 28 Posted: 14 Aug 2020 Last Revised: 17 Aug 2020
Accepted Paper Series
Melbourne Law School - University of Melbourne and University of Melbourne - Asian Law Centre
Downloads 284
50.

Regulating Consumer Contracts in ASEAN: Variation and Change

in Luke Nottage, Justin Malbon, Jeannie Paterson and Caron Beaton-Wells (eds), ASEAN Consumer Law Harmonisation and Cooperation: Achievements and Challenges (Cambridge University Press, 2019), U of Melbourne Legal Studies Research Paper No. 893
Number of pages: 27 Posted: 31 Jul 2020
Accepted Paper Series
University of Melbourne - Law School
Downloads 23