Melbourne University Law Review

Melbourne University Law Review is a periodical covering law. Since it was founded in 1957, it is published three times a year by the University of Melbourne.Subjects for Melbourne University Law Review include: Law.

Articles from Vol. 29, No. 2, August

A Tort of Invasion of Privacy in Australia?
[Recent decisions in the House of Lords and the New Zealand Court of Appeal have recognised forms of protection of personal privacy in the United Kingdom and New Zealand respectively. With the High Court clearing the way for the development of such...
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Investment Banks as Fiduciaries: Implications for Conflicts of Interest
[Investment banks play an intermediary role in the financial system that is integral to its efficient operation. A core, and highly visible, aspect of their work is providing financial advisory services to institutional clients on transactions that...
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Legal Issues for the Use of Free and Open Source Software in Government
[This article explains the notion of free and open source software and the reasons why governments throughout the world are giving it close consideration. In particular, it highlights key legal issues facing the adoption and development of free and...
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Mutual Wills: Contemporary Reflections on an Old Doctrine
[Mutual wills are one of a range of solutions providing for a form of family property in common law jurisprudence. The doctrine of mutual wills also operates in support of contracts for the benefit of third parties. With the settling of the doctrine...
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Spangaro V. Corporate Investment Australia Funds Management Ltd.: Failure of Consideration (Failure of Basis) as a Claim in Unjust Enrichment
[Spangaro v Corporate Investment Australia Funds Management Ltd is an important decision on many levels. Its principal importance is twofold. Firstly, it expressly recognised the existence of a claim in unjust enrichment as part of the common law of...
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Stranded between Partisanship and the Truth? A Comparative Analysis of Legal Ethics in the Adversarial and Inquisitorial Systems of Justice
[In an era of commonality and convergence among different legal systems, the study of comparative legal ethics is important in determining how we assess the merits of developments in our own legal system and profession. The contrast between legal ethics...
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The Legal Regulation of Marriage
[The eligibility of two persons to marry has recently been the subject of significant judicial and parliamentary activity. Internationally a number of jurisdictions have enacted statutes that expressly write in or ban same-sex marriage. Meanwhile,...
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Understanding and Responding to Begging
[This article examines the 'problem ' of begging and the public interest and value in responding to that problem. Informed by the nature, extent and causes of begging and the interests, values and views of people who beg, it discusses a range of legal...
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'We, the Redeemers' - Hubris and Humility in International Humanitarianism
You, the People: The United Nations, Transitional Administration, and State-Building by Simon Chesterman (New York: Oxford University Press, 2004) pages i-xx, 1-296. Price A$170.00 (hardcover). ISBN 0 19 926348 5. The Dark Sides of Virtue: Reassessing...
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