Recent Publications

'Limitations of U.S. Securities Litigation against Australian Companies by Australian Plaintiffs'
Jonathon Redwood
December 2008

Summary: This brief case note discusses an important US decision on US class actions involving a prominent Australian company and the implications of the decision for Australian companies and cross-border securities class action litigation.

'Alternative Dispute Resolution Clauses: How to get the most out of them'
Albert Monichino
December 2008

Summary: 'This paper canvasses the major forms of ADR, discusses drafting issues, surveys the law in relation to arbitration agreements (including some recent Australian decisions) and discusses the enforceability of ADR clauses'

'Confidential Information and Trade Secrets'
Graeme Clarke SC
November 2008

Summary: 'The public domain is a limiting concept on breach of confidence claims. Information in the public domain is not confidential. Where the information is a trade secret about a product, sale of the product in the marketplace does not necessarily mean that the confidentiality of the secret, along with the plaintiff's cause of action, is destroyed. A Court of Equity may order relief despite the sale in appropriate circumstances.'

'An Annotated Guide to the Victorian Charter of Human Rights and Responsibilities'
Alistair Pound and Kylie Evans
Thompson Lawbook Company

Summary: An Annotated Guide to the Victorian Charter of Human Rights and Responsibilities draws on case law on similar human rights instruments in other jurisdictions to provide an overview of the manner in which the Charter is intended to protect and promote human rights, detailed commentary on the operative provisions, such as the interpretative and remedial provisions, and an introduction to each of the substantive human rights enshrined in the Charter.

'UNCITRAL Arbitration Rules Discussions'
Dr. Clyde Croft SC
UNCITRAL Meeting, New York February 2008

Summary: Dr. Croft SC, representative for APRAG, reports on the latest round of discussions from the Forty-Eighth session of the UNCITRAL Working Group II (Arbitration) held in New York.

'UNCITRAL Arbitration Rules Discussions'
Dr. Clyde Croft SC
UNCITRAL Meeting, Vienna September 2007

Summary: Dr. Croft SC reveals that the aim of the discussions of UNCITRAL Arbitration Rules 22 to 41 was to "enhance the clarity of the Rules, enhance the cost-effictiveness of international arbitration and ensure that international commercial needs and practices are accomodated". This report discusses a number of amendments to the rules in detail.

'Torts- The Laws of Australia'
Dr. Paul Vout

Summary: Torts – The Laws of Australia (Second Edition) delivers a practical approach to this dynamic area of the law, and provides thorough analysis of the principles of tort law.

'The Meaning of the Charter of Human Rights and Responsibilities for Judicial Review and Administrative Review'
Alistair Pound
LIV Victorian Charter of Human Rights Conference, 18 May 2007

Summary: This paper outlines the main structural features of the Charter and discusses its potential impact on judicial and administrative review, including the principle of proportionality, the manner in which it will affect the traditional grounds of review, and the use of case law from other jurisdictions.

Summary: This article discusses changes which the High Court and the Court of Appeal have recently made to interlocutory injunction principles.

‘Pizer’s Annotated VCAT Act’ 3rd Edition
Jason Pizer
2007 JNL Nominees Pty Ltd

Summary: This edition is an invaluable resource for barristers who appear in the VCAT and/or in the Supreme Court in appeals from the VCAT.