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Wavering Alternations of Valour and Caution: Commercial and Regulatory Litigation in the French CJ High Court

(2013) 2 Journal of Civil Litigation and Practice 111

ANU College of Law Research Paper No. 14-16

20 Pages Posted: 26 Mar 2014 Last revised: 16 Nov 2014

Peta Spender

Australian National University - ANU College of Law

Date Written: March 25, 2014

Abstract

This article examines commercial and regulatory litigation in the High Court since Robert French was appointed Chief Justice in 2008. An analysis of six cases reveals a spectrum of valour and caution, courage and coyness. The French High Court has asserted judicial leadership and a public responsiveness in some areas but in others it has retreated to a narrow incrementalism that pulls away from broader issues and leaves important questions unanswered. Although the article concludes that it is too early to determine a particular judicial method of the French High Court (as compared to some of its predecessors), it raises questions about what should be expected of Australia’s highest appellate court in this area.

Keywords: judicial method, appellate courts, standing, amicus, duty of fairness, regulators, litigation funding

JEL Classification: K20, K22, K41

Suggested Citation

Spender, Peta, Wavering Alternations of Valour and Caution: Commercial and Regulatory Litigation in the French CJ High Court (March 25, 2014). (2013) 2 Journal of Civil Litigation and Practice 111; ANU College of Law Research Paper No. 14-16. Available at SSRN: https://ssrn.com/abstract=2415347

Peta Spender (Contact Author)

Australian National University - ANU College of Law ( email )

Canberra, Australian Capital Territory 0200
Australia

HOME PAGE: http://law.anu.edu.au/

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