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Author : David M. Meltz
Publisher :
ISBN 13 : 9781875114252
Total Pages : 178 pages
Book Rating : 4.1/5 (142 download)
Download or read book The Common Law Doctrine of Restraint of Trade in Australia written by David M. Meltz and published by . This book was released on 1995-01-01 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : John Dyson Heydon
Publisher : Butterworth-Heinemann
ISBN 13 :
Total Pages : 322 pages
Book Rating : 4.3/5 ( download)
Download or read book The Restraint of Trade Doctrine written by John Dyson Heydon and published by Butterworth-Heinemann. This book was released on 1999 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1971, this second edition of a text for practitioners, teachers and students has been revised and updated. Deals with statutory modifications to the remedy of severance in NSW and New Zealand and also with a number of significant decisions in the High Court of Australia, the House of Lords, the Privy Council , the New Zealand Court of Appeal and the Supreme Court of Canada. Includes a table of cases, a table of statutes and an index.
Author : M. J. Trebilcock
Publisher : Taylor & Francis
ISBN 13 : 9780459396404
Total Pages : 419 pages
Book Rating : 4.3/5 (964 download)
Download or read book The Common Law of Restraint of Trade written by M. J. Trebilcock and published by Taylor & Francis. This book was released on 1986 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : John Wei-Ting Cheng
Publisher :
ISBN 13 :
Total Pages : 314 pages
Book Rating : 4.:/5 (11 download)
Download or read book The Evolution of the Doctrine of Restraint of Trade in Australia written by John Wei-Ting Cheng and published by . This book was released on 2014 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis examines the present state of the common law doctrine of restraint of trade from a law reform perspective. The doctrine was developed in England between the 1600s and mid-1800s and its evolution over the centuries has been a slow and ongoing process. The present state of the doctrine and its application in the Australian jurisdiction presents a challenging set of circumstances due to the difficulties faced by contracting parties when they wish to engage in restraint of trade.This thesis will begin by reviewing the history of the doctrine from its earliest days in a bid to identify the moments in time when the doctrine was chopped and changed to accommodate the social and economic needs of society. It will critique English and Australian cases which had a fundamental role in the evolution of the doctrine, analyse the development of legislation that is unique to New South Wales and evaluate the use of cascading clauses when parties seek to contract with one another in restraint of trade.It will also examine the influence of economic theories such as the perfectly competitive model and its impact on the development and interaction between the doctrine and competition legislation in Australia by way of the Competition and Consumer Act 2000 (Cth).The law reform proposition advanced in this thesis is that the doctrine should be abolished in its entirety. Through the body of this work, it will be demonstrated that the doctrine is no longer necessary or desirable for the proper function of society. In addition, this thesis will also present alternative recommendations for change in the event that abolition of the doctrine appears to be unpalatable to those in the legislature and judiciary.
Author : DAVID M. MELTZ
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (134 download)
Download or read book THE TRANSPLANTED FLOWER written by DAVID M. MELTZ and published by . This book was released on 1994 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher :
ISBN 13 : 9780409348347
Total Pages : pages
Book Rating : 4.3/5 (483 download)
Download or read book The Restraint of Trade Doctrine written by and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : William Alexander Sanderson
Publisher : London : Sweet & Maxwell ; Toronto : Carswell
ISBN 13 :
Total Pages : 268 pages
Book Rating : 4.:/5 (32 download)
Download or read book Restraint of Trade in English Law written by William Alexander Sanderson and published by London : Sweet & Maxwell ; Toronto : Carswell. This book was released on 1926 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Stephen Alexander Smith
Publisher :
ISBN 13 :
Total Pages : 618 pages
Book Rating : 4.:/5 (598 download)
Download or read book The Common Law of Restraint of Trade written by Stephen Alexander Smith and published by . This book was released on 1993 with total page 618 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Alexandra Kamerling
Publisher :
ISBN 13 :
Total Pages : 528 pages
Book Rating : 4.3/5 ( download)
Download or read book Restrictive Covenants Under Common and Competition Law written by Alexandra Kamerling and published by . This book was released on 2004 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text shows how to draft and negotiate rent review clauses quickly and efficiently, taking into account both the requirements of the client and the impact of recent case law. The book offers practical guidance on all aspects of drafting both landlord and tenant and commercial property clauses
Author : Suzanne Corcoran
Publisher : Federation Press
ISBN 13 : 9781862875562
Total Pages : 358 pages
Book Rating : 4.8/5 (755 download)
Download or read book Interpreting Statutes written by Suzanne Corcoran and published by Federation Press. This book was released on 2005 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interpreting Statutes was cited 4 times by the High Court in Momcilovic v The Queen [2011] HCA 34 (8 September 2011)Interpreting Statutes has been written for lawyers and judges who must interpret statutes on a daily basis, as well as for students and scholars who have their own responsibility for the future. This book takes a new approach to statutory interpretation. The authors consider the fundamental importance of context in statutory interpretation across various fields of regulation and explore the problems, which arise from the frequent disjunction between regulatory design and subsequent statutory interpretation. As a result, they bring to the fore fundamental theoretical questions underlying interpretive choice and expand our appreciation of how critical interpretive issues are to the proper functioning of our legal system. The book is divided into two parts. The first covers several areas dealing with fundamental theoretical issues. The second deals with particular areas of the law, such as criminal law or corporate law, addressing the utility and functionality of the general theories from different legal perspectives and illustrating the fact that different interpretive principles may take precedence in different areas of the law. It reveals the complexity of statutory interpretation when applied to actual practice in a particular area of law. Despite this complexity and the unique problems of statutory interpretation within each area of law, some major themes emerge including: the strong influence of constitutional interpretation; tension between common law rights and statutory innovation; questions about the interaction of domestic law with international law; tension between settled judicial principles of interpretation and principles embedded in legislation; issues concerning the interpretation of delegated legislation; and questions about gap filling and discretion in the interpretation of statutes and codes.
Author : Paul Latimer
Publisher : CCH Australia Limited
ISBN 13 : 192201091X
Total Pages : 1297 pages
Book Rating : 4.9/5 (22 download)
Download or read book Australian Business Law 2012 written by Paul Latimer and published by CCH Australia Limited. This book was released on 2012 with total page 1297 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Andrew Robertson
Publisher : Bloomsbury Publishing
ISBN 13 : 178225658X
Total Pages : 376 pages
Book Rating : 4.7/5 (822 download)
Download or read book The Common Law of Obligations written by Andrew Robertson and published by Bloomsbury Publishing. This book was released on 2016-01-28 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: The development of the law of obligations across the common law world has been, and continues to be, a story of unity and divergence. Its common origins continue to exert a powerful stabilising influence, carried forward by a methodology that places heavy weight on the historical foundations of legal principles. Divergence is, however, produced by numerous factors, including national and international human rights instruments, local statutory regimes, civil law influences, regional harmonisation, local circumstances and values and different political and legal cultures. The essays in this collection explore the forces that produce divergence, the countervailing forces that generate cohesion and consistency in the common law of obligations, and the influence that the major common law jurisdictions continue to exert over one another in this area of law. The chapters in this book were originally presented at the Seventh Biennial Conference on the Law of Obligations held in Hong Kong in July 2014. A second collection, entitled Divergences in Private Law (ISBN: 9781782256601), will focus on particular departures from the common law mainstream and the causes and effects of those deviations.
Author : Andy Gibson
Publisher : Kluwer Law International B.V.
ISBN 13 : 940353687X
Total Pages : 241 pages
Book Rating : 4.4/5 (35 download)
Download or read book Sports Law in Australia written by Andy Gibson and published by Kluwer Law International B.V.. This book was released on 2023-10-25 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of sports law in Australia deals with the regulation of sports activity by both public authorities and private sports organizations. The growing internationalization of sports inevitably increases the weight of global regulation, yet each country maintains its own distinct regime of sports law and its own national and local sports organizations. Sports law at a national or organizational level thus gains a growing relevance in comparative law. The book describes and discusses both state-created rules and autonomous self-regulation regarding the variety of economic, social, commercial, cultural, and political aspects of sports activities. Self- regulation manifests itself in the form of by-laws, and encompasses organizational provisions, disciplinary rules, and rules of play. However, the trend towards more professionalism in sports and the growing economic, social and cultural relevance of sports have prompted an increasing reliance on legal rules adopted by public authorities. This form of regulation appears in a variety of legal areas, including criminal law, labour law, commercial law, tax law, competition law, and tort law, and may vary following a particular type or sector of sport. It is in this dual and overlapping context that such much-publicized aspects as doping, sponsoring and media, and responsibility for injuries are legally measured. This monograph fills a gap in the legal literature by giving academics, practitioners, sports organizations, and policy makers access to sports law at this specific level. Lawyers representing parties with interests in Australia will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative sports law.
Author : Dr Lynden Griggs
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403507020
Total Pages : 392 pages
Book Rating : 4.4/5 (35 download)
Download or read book Commercial and Economic Law in Australia written by Dr Lynden Griggs and published by Kluwer Law International B.V.. This book was released on 2018-11-30 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law covering merchants' status and obligations – including the laws governing state intervention in economic activities – in Australia provides quick and easy guidance on such commercial and economic matters as business assets, negotiable instruments, commercial securities, and regulation of the conditions of commercial transactions. Lawyers who handle transnational business will appreciate the explanation of local variations in terminology and the distinctive concepts that determine practice and procedure. Starting with a general description of the specifically applicable concepts and sources of commercial law, the book goes on to discuss such factors as obligations of economic operators and institutions, goodwill, broker/client relations, commercial property rights, and bankruptcy. Discussion of economic law covers the laws governing establishment, supervision of economic activities, competition law, and government taxation incentives. These details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Thorough yet practical, this convenient volume is a valuable tool for business executives and their legal counsel with international interests. Lawyers representing parties with interests in Australia will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative commercial and economic law.
Author : Mark Davison
Publisher : Cambridge University Press
ISBN 13 : 1316441105
Total Pages : 807 pages
Book Rating : 4.3/5 (164 download)
Download or read book Australian Intellectual Property Law written by Mark Davison and published by Cambridge University Press. This book was released on 2015-12-04 with total page 807 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual property law in Australia is a constantly changing field. Developments in technology, such as in the life sciences and in the digitisation of the creation, analysis, distribution and use of information, along with economic globalisation, are having an increasingly significant impact on this field of law. The third edition of Australian Intellectual Property Law has been updated to include the most important recent developments in intellectual property law, including: • the 'Raising the Bar' amendments to the Patents Act and case law concerning the meaning of 'manner of manufacture' • proposed reforms to the Copyright Act • the High Court's consideration of trademarks in various contexts • recent statutory changes and court judgments. Through its comprehensive discussion of the black-letter aspects of the law, and primary emphasis on legal principles and complexities, Australian Intellectual Property Law continues to offer a detailed and scholarly insight into Australian intellectual property law for students and professionals.
Author : John Charles Duns
Publisher :
ISBN 13 : 9780409322453
Total Pages : 0 pages
Book Rating : 4.3/5 (224 download)
Download or read book Competition Law written by John Charles Duns and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents extracts from the leading decisions made under the competition provisions of the Trade Practices Act 1974, and State application legislation, together with extracts from relevant Parliamentary Committees, Australian Competition and Consumer Commission publications and academic commentary.
Author : Australia. High Court
Publisher :
ISBN 13 :
Total Pages : 922 pages
Book Rating : 4.F/5 ( download)
Download or read book The Australian Law Journal Reports written by Australia. High Court and published by . This book was released on 2003 with total page 922 pages. Available in PDF, EPUB and Kindle. Book excerpt:
