Michael Douglas

The University of Western Australia Law School

M253

35 Stirling Highway

Crawley, Western Australia 6009

Australia

http://www.web.uwa.edu.au/person/michael.c.douglas

SCHOLARLY PAPERS

32

DOWNLOADS
Rank 10,468

SSRN RANKINGS

Top 10,468

in Total Papers Downloads

9,029

TOTAL CITATIONS

3

Scholarly Papers (32)

1.

A New Approach to Service Outside the Jurisdiction and Outside Australia under the Uniform Civil Procedure Rules

Australian Bar Review, Vol. 44, No. 2, pp. 160-185, 2017, Sydney Law School Research Paper No. 17/67
Number of pages: 22 Posted: 25 Aug 2017
Michael Douglas and Vivienne Bath
The University of Western Australia Law School and The University of Sydney - Faculty of Law
Downloads 992 (46,665)

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Jurisdiction, service, service outside the jurisdiction, extraterritorial jurisdiction, forum non conveniens, real and substantial connection, forum, Uniform Civil Procedure Rules

2.

‘Their Evil Lies in the Grapevine Effect’: Assessment of Damages in Defamation by Social Media

Media and Arts Law Review, Vol. 20, No. 4, pp. 367-379, 2015, Sydney Law School Research Paper No. 16/61
Number of pages: 13 Posted: 22 Jul 2016
Michael Douglas
The University of Western Australia Law School
Downloads 821 (60,521)

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Defamation, damages, grapevine effect, social media, Facebook, Twitter, internet

3.

The Impact of the Hague Principles on Choice of Law in International Commercial Contracts

Melbourne Journal of International Law, Vol. 19, No. 1, 2018
Number of pages: 23 Posted: 24 Aug 2018
Michael Douglas and Nicholas Loadsman
The University of Western Australia Law School and Clayton Utz
Downloads 817 (60,936)
Citation 1

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Choice of Law, Hague Conference, Conflict of Laws, Private International Law, International Private Law, Principles on Choice of Law in International Commercial Contracts, Hague Convention, Contract, Choice of Law Clause, Public Policy, Mandatory Law, Australia

4.

Extraterritorial Injunctions Affecting the Internet

(2018) 12(1) Journal of Equity 34
Number of pages: 24 Posted: 23 Aug 2018
Michael Douglas
The University of Western Australia Law School
Downloads 631 (85,074)
Citation 1

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injunction, equity, extraterritorial, internet, jurisdiction, service, remedy, choice of law, conflict of laws, private international law, breach of confidence, defamation

5.

Rebel Wilson's Pitch Perfect Defamation Victory

(2018) 29(2) Entertainment Law Review 37, Sydney Law School Research Paper No. 18/32, UWA School of Law Research Paper No. 2018
Number of pages: 10 Posted: 24 May 2018
David Rolph and Michael Douglas
The University of Sydney - Faculty of Law and The University of Western Australia Law School
Downloads 603 (90,143)

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defamation, damages, economic loss, conflict of laws, tort law, Australia, loss of opportunity, celebrity, grapevine effect

6.

A Global Injunction Against Google

Michael Douglas, ‘A Global Injunction Against Google’ (2018) 134(Apr) The Law Quarterly Review 181, University of Western Australia School of Law Legal Studies Research Paper No. 2018
Number of pages: 6 Posted: 13 Mar 2018 Last Revised: 05 Apr 2018
Michael Douglas
The University of Western Australia Law School
Downloads 540 (103,585)

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Blocking injunctions, Canada, Counterfeits, Extraterritoriality, Foreign companies, Jurisdiction, Non-parties, Online infringement, Search engines

7.

Questioning the Right to be Forgotten

Alternative Law Journal, Vol. 40, No. 2, pp. 109-112, 2015, Sydney Law School Research Paper No. 16/59
Number of pages: 5 Posted: 14 Jul 2016
Michael Douglas
The University of Western Australia Law School
Downloads 424 (138,477)

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Right to Be Forgotten, Privacy, Digital Eternity, Google, Internet

8.

Publication of Defamation by Encouraging Third Party Comments on Social Media

‘Publication of defamation by encouraging third party comments on social media’ (2022) 138(Jul) Law Quarterly Review 362
Number of pages: 7 Posted: 13 Jul 2022
Michael Douglas
The University of Western Australia Law School
Downloads 316 (191,391)

Abstract:

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Defamation, publication

9.

What Is the Value of Freedom? Nominal Damages for False Imprisonment

(2013) 21(3) Tort Law Review 117
Number of pages: 3 Posted: 31 Oct 2019
Michael Douglas
The University of Western Australia Law School
Downloads 278 (219,108)

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Torts, false imprisonment, damages, nominal damages

10.

The Hague Judgments Convention in Australian Law

(2019) 47(3) Federal Law Review 420, Griffith University Law School Research Paper
Number of pages: 26 Posted: 20 Sep 2019 Last Revised: 07 Dec 2019
Michael Douglas, Mary Keyes, Sarah McKibbin and Reid Mortensen
The University of Western Australia Law School, Griffith University - Griffith Law School, University of Southern Queensland - School of Law and Justice and University of Southern Queensland - School of Law and Justice
Downloads 278 (219,108)

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Hague, judgments convention, recognition and enforcement, foreign judgments, private international law

11.

The Decline of 'Exorbitant Jurisdiction'?

(2019) 93(4) Australian Law Journal 278
Number of pages: 5 Posted: 06 May 2019
Michael Douglas
The University of Western Australia Law School
Downloads 268 (227,222)

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jurisdiction, exorbitant, service, private international law, cross-border litigation

12.

Breaking New Ground? Nuisance, Negligence and Pure Economic Loss in Marsh v Baxter

(2014) 22(2) Torts Law Journal 160
Number of pages: 23 Posted: 01 Sep 2018
Anna Bunn and Michael Douglas
Curtin University - Curtin Law School and The University of Western Australia Law School
Downloads 249 (244,546)

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negligence, nuisance, pure economic loss, torts, GM, organic, canola, farming

13.

Anti-Suit Injunctions in Australia

Melbourne University Law Review, Vol. 41, No. 1, Forthcoming, Sydney Law School Research Paper No. 17/64
Number of pages: 41 Posted: 16 Aug 2017
Michael Douglas
The University of Western Australia Law School
Downloads 222 (273,214)

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Anti-Suit Injunction, Injunction, Jurisdiction, Equity, Private International Law

14.

Defamation Actions and Australian Politics

UNSW Law Journal Forum, 2021, Forthcoming
Number of pages: 10 Posted: 01 Jun 2021 Last Revised: 23 Jun 2021
Michael Douglas
The University of Western Australia Law School
Downloads 210 (288,008)

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defamation, politics, Australia, torts

15.

Movie Star Wars: Bauer Media Strikes Back, or a Lost Hope?

(2018) 29(8) Entertainment Law Review 265
Number of pages: 8 Posted: 10 Dec 2018
David Rolph and Michael Douglas
The University of Sydney - Faculty of Law and The University of Western Australia Law School
Downloads 210 (288,008)

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Torts, Defamation, Damages, Aggravated Damages, Causation, Economic Loss, Rebel Wilson, Media Law

16.

Australia's Law Graduate Glut

Alternative Law Journal, Vol. 41, No. 2, pp. 118-120, 2016, Sydney Law School Research Paper No. 16/63
Number of pages: 4 Posted: 28 Jul 2016 Last Revised: 01 Aug 2016
Michael Douglas and Nicholas van Hattem
The University of Western Australia Law School and Australian National University (ANU)
Downloads 198 (303,985)

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Legal Education, Legal Practice, Law Graduate, Graduate Oversupply, Graduate Glut, Piddington

17.

Choice of Court Agreements Under an International Civil Law Act

(2018) 34(3) Journal of Contract Law 186, UWA School of Law Research Paper No. 2018
Number of pages: 26 Posted: 30 Apr 2018
Michael Douglas
The University of Western Australia Law School
Downloads 191 (314,218)

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Hague Convention, Choice of Court, Jurisdiction, Foreign Judgments, Private International Law

18.

Coronavirus and the Law of Obligations

UNSW Law Journal Forum, No. 3, 2020, Sydney Law School Research Paper No. 20/41
Number of pages: 12 Posted: 24 Jul 2020
Michael Douglas and John Eldridge
The University of Western Australia Law School and The University of Sydney - Faculty of Law
Downloads 184 (324,968)

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coronavirus, COVID-19, frustration, force majeure, pandemics, tort, contract

19.

Does Choice of Law Matter?

Australian International Law Journal, Forthcoming
Number of pages: 13 Posted: 11 May 2022
Michael Douglas
The University of Western Australia Law School
Downloads 176 (338,177)

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Conflict of laws, private international law, choice of law, statutes, statutory interpretation

20.

The Commercial Exceptions to Foreign State Immunity

45(3) Federal Law Review 445, 2017
Number of pages: 24 Posted: 25 Mar 2020
Michael Douglas and Claudia Carr
The University of Western Australia Law School and Curtin University
Downloads 170 (348,551)

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Foreign State Immunity, International Law, Commercial Exceptions, Private International Law

21.

Defamatory Capacity in the Digital Age

Tort Law Review, 2018
Number of pages: 3 Posted: 05 Dec 2018
Michael Douglas
The University of Western Australia Law School
Downloads 160 (367,090)

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Defamation, defamatory capacity, Google, ordinary reasonable person, torts, law reform

22.

Submission on the Draft Amendments to the Model Defamation Provisions

Number of pages: 8 Posted: 04 Mar 2020
Michael Douglas
The University of Western Australia Law School
Downloads 159 (369,029)

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Defamation, Torts, Remedies, Damages, Serious Harm

23.

The Limits of Google’s Liability as Publisher of Defamation

Number of pages: 3 Posted: 23 Sep 2022
Michael Douglas
The University of Western Australia Law School
Downloads 155 (376,925)

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defamation, publication, tort, Google, internet, hyperlink, Australia

24.

The Evolution and Devolution of the Offer to Make Amends Regime in Australian Defamation Law

(2023) UNSW Law Journal (Forthcoming)
Number of pages: 33 Posted: 10 Jan 2023
Michael Douglas, Catherine Graville and Robyn Carroll
The University of Western Australia Law School, Independent and University of Western Australia
Downloads 150 (387,342)

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Defamation, dispute resolution, alternative dispute resolution, apologies, torts

25.

How to Prove What Never Was: AVWest Aircraft Pty Ltd v Clayton Utz and Evidence of What Company Directors Would Have Done

(2018) 25(1) Torts Law Journal 86
Number of pages: 8 Posted: 05 Dec 2018
Michael Douglas
The University of Western Australia Law School
Downloads 144 (400,260)

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Torts, causation, negligence, proof, evidence of the injured person

26.

Characterisation of Breach of Confidence As a Privacy Tort in Private International Law

University of New South Wales Law Journal, Vol. 41, No. 2, 2018
Number of pages: 36 Posted: 16 Jun 2018
Michael Douglas
The University of Western Australia Law School
Downloads 120 (461,050)
Citation 1

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breach of confidence, misuse of private information, privacy torts, conflict of laws, private international law, choice of law, jurisdiction, characterisation, classification, qualification, Australia

27.

Will Australia Accede to the Hague Convention on Choice of Court Agreements?

Macquarie Law Journal, Vol. 17, pp. 147-151, 2017, Sydney Law School Research Paper No. 17/49
Number of pages: 6 Posted: 23 Jun 2017 Last Revised: 16 Aug 2017
Michael Douglas
The University of Western Australia Law School
Downloads 85 (583,589)

Abstract:

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jurisdiction, private international law, choice of court

28.

The Media's Standing to Challenge Departures from Open Justice

Adelaide Law Review, Vol. 37, No. 1, pp. 69-99, 2016, Sydney Law School Research Paper No. 16/58
Number of pages: 28 Posted: 14 Jul 2016 Last Revised: 19 Oct 2016
Michael Douglas
The University of Western Australia Law School
Downloads 85 (583,589)

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open justice, standing, media, jurisdiction, newspaper, suppression, open court

29.

Explainer: The Result of the Palmer V McGowan Defamation Dispute

Number of pages: 7 Posted: 23 Aug 2022
Michael Douglas
The University of Western Australia Law School
Downloads 69 (655,280)

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Australia, defamation, politics, torts

30.

Judges' Scholarly Writing as a Source of Common Law

[2019] 3 University of New South Wales Law Journal Forum
Number of pages: 5 Posted: 29 Apr 2019
Michael Douglas
The University of Western Australia Law School
Downloads 68 (660,123)

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common law, stare decisis, precedent, ratio decidendi, obiter dicta, legal scholarship

31.

Compelling Production of a Defamatory Draft

(2023) Australian Law Journal (Forthcoming)
Number of pages: 23 Posted: 10 Jan 2023
Michael Douglas
The University of Western Australia Law School
Downloads 56 (724,250)

Abstract:

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Defamation, injunction, discovery, equity, inherent power, jurisdiction

32.

'Responsibility of OpenAI for Defamation and Serious Invasions of Privacy by ChatGPT'

(2023) 42(2) Communications Law Bulletin 8
Posted: 05 Jul 2023
Michael Douglas
The University of Western Australia Law School

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ChatGPT, OpenAI, artificial intelligence, LLMs, large language models, defamation, privacy, private international law

Other Papers (1)

Total Downloads: 106
1.

'Commercial Issues in Private International Law' Conference Program, Sydney Law School, 16 February 2018

Number of pages: 12 Posted: 03 Mar 2018
Michael Douglas
The University of Western Australia Law School
Downloads 106

Abstract:

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private international law, conflict of laws, jurisdiction, choice of law, foreign judgments