Articles

Codifying Australia's contract law: Time for a stocktake in the common law factory, Law papers (2008)

Extract:

The masses of materials currently making up the Australian law may cause those...

 

From the airport to the surgery to the courtroom: Private international law and medical tourism, Law papers (2008)

When people wish to take legal action in relation to damage suffered due to medical...

 

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How does the accuracy of geo-location technologies affect the law?, Law papers (2008)

Geo-location technologies allow website operators to identify the geographical location of those who visit their...

 

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The times they are a-changin' (every six months)-- The challenges of regulating developing technologies, Law papers (2008)
For a period of time, the Internet has been seen as a virtually borderless communications...
 

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E‐Commerce Tax: How The Taxman Brought Geography To The ‘Borderless’ Internet, Revenue Law Journal (2007)
Website operators engaged in cross-border e-commerce need to know the geographical location of those who...
 

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Protecting Privacy on the 'Borderless' Internet - Some Thoughts on Extraterritoriality and Transborder Data Flow, Bond Law Review (2007)
Extract Providing adequate protection of privacy is not easy in a society dominated by highly...
 

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“Imagine there’s no countries...” – Geo-identification, the law and the not so borderless Internet, Law papers (2007)

Introduction:

Imagine trying to access you favourite website, and when doing so, being greeted...

 

Privacy law: Australia: Conflict of laws issues associated with an action for interference with privacy, Law papers (2007)
Recent developments indicate that Australia may be ready to recognise an action for interference with...
 

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The not so 'borderless' internet: Does it still give rise to private international law issues?, Law papers (2006)

Since its ‘birth’ approximately 15 years ago, the World Wide Web (WWW) has been viewed...

 

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Borders on, or border around – the future of the Internet, Law papers (2006)

This article illustrates how borders currently are being placed within the Internet through a combination...

 

The legal implications of geo-identification, Law papers (2006)
Location may determine whether a person falls within the jurisdiction of a particular state, it...
 

The relation between public international law and private international law in the internet context, Law papers (2006)

The relation between private international law and public international law has gained little attention. Indeed,...

 

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Amlink Technologies Pty Ltd and Australian Trade Commission [2005] AATA 359 – Software finally recognised as “goods”, Law papers (2005)
[Excerpt] Up until recently, Australian courts have avoided deciding whether software can appropriately be classed...
 

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‘Place Of Wrong’ in the Tort of Defamation - Behind the Scenes of a Legal Fiction, Bond Law Review (2005)

In determining the questions of jurisdiction and choice of law in defamation cases, Australian law...

 

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Who’s fingerprints, and with what flavour, would you like today?, Law papers (2005)

The spread of the use of biometrics has been explosive. Fingerprints, for example, are being...

 

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Geo-identification: – Now They Know Where You Live, Law papers (2005)

Imagine if website operators could know where you are located as you access their websites....

 

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An Update on the proposed Hague Convention on Exclusive Choice of Court Agreements, Law papers (2005)
This article discusses the background to, and main features of, the Convention on Exclusive Choice...
 

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In Defence of the Doctrine of Forum Non Conveniens, Law papers (2005)
This article examines the doctrine of forum non conveniens as applied in Hong Kong, Australia,...
 

The characteristics making Internet communication challenge traditional models of regulation - What every international jurist should know about the Internet, Law papers (2005)

In order to determine why certain forms of Internet communication challenge traditional models of regulation,...

 

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A Bulletin Board is a Bulletin Board (Even if it is Electronic) – Certain Intermediaries are Protected From Liability After All, Bond Law Review (2004)

There is a range of technical possibilities for providing electronic bulletin boards on the Internet,...

 

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Geo-location technologies and other means of placing borders on the ‘borderless’ Internet, Law papers (2004)

Until recently, it was frequently said to be impossible or at least pointless to attach...

 

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An introduction to jurisdictional issues in cyberspace, Law papers (2004)

Imagine a state proclaiming that it will claim jurisdiction over, and apply its laws to,...

 

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Kanitz v. Rogers Cable Inc - Time to rethink Article 4 of the proposed Hague Convention?, Computer Law & Security Report (2002)
On the 22 February 2002, the Ontario Superior Court of Justice handed down its judgment...
 

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At the Crossroads – The proposed Hague Convention and the future of Internet defamation, Computer Law & Security Report (2002)
This article concerns the issue of jurisdiction over Internet defamations de lege ferenda. Article 10...
 

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What should Article 7 – Consumer contracts, of the proposed Hague Convention, aim to accomplish in relation to e-commerce?, Computer Law & Security Report (2001)
Currently there is a proposal for a convention regulating jurisdiction and enforcement of international judgments...
 

Books

Internet and e-commerce law (with Jay Forder), Law papers (2008)
Internet and E-Commerce Law provides a concise yet comprehensive introduction to the laws of e-commerce...