Articles

Quantum Meruit for services rendered in a three-party context: (Implied) contract, restitution, or unjust enrichment?, Restitution law review (2009)

This article considers when a claimant is entitled to recover (on a quantum meruit) for...

 

The (almost) redundant civil accessorial liability provisions of the Trade Practices Act, Law papers (2008)

The Trade Practices Act 1974 (Cth) imposes civil accessorial liability on parties "involved in the...

 

Equitable third party liability (with Pauline Ridge), Law quarterly review (2008)

Extract:

The unanimous judgment of Farah Constructions Pty Ltd v Say-Dee Pty Ltd [2007]...

 

'The receipt of what?': Questions concerning third party recipient liability in equity and unjust enrichment (with Pauline Ridge), Melbourne University law review (2007)

This article argues that equitable recipient liability should not be displaced by a strict liability...

 

Minors and the exclusion of liability for negligence, Torts law journal (2007)

Are minors bound by contractual waivers excluding liability for negligently inflicted personal injury? As a...

 

What is "lawyering"? The challenge of taxonomy, The Cambridge law journal (2006)

Over the past few years, an important legal debate has been raging, the full effects...

 

Statutory remedies and equitable remedies (with Thomas Middleton), Australian bar review (2006)

Most spheres of life are now regulated by statute. Many such statutes give courts both...

 

Duty of care under the 'Civil Liability Acts', Torts law journal (2005)

The legislative changes to the law of torts effected by the ’Civil Liability Acts’ in...

 

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Giving content to general concepts, Melbourne University law review (2005)

General concepts, such as ‘reasonableness’, ‘unconscionable conduct’ and ‘unfairness’, are used in a variety of...

 

Commercial transactions: The challenge from equity, Journal of international commercial law (2004)

Extract:

I now return to the dual focus of this paper on liability and...

 

Liability for personal injuries arising from recreational services: The interaction of contract, tort, State legislation and the Trade Practices Act and the resultant mess, Torts law journal (2003)

Recent changes to the Trade Practices Act and to State tort law regimes have significantly...

 

Nervous shock: Tame v New South Wales and Annetts v Australian Stations Pty Ltd, Torts law journal (2003)

A number of legal issues have remained open since the High Court last considered the...

 

The decline of contributory negligence and apportionment: Choosing the black or white of all-or-nothing over many shades of grey?, Torts law journal (2003)

In a range of decisions in contract, equity and under the Trade Practices Act, the...

 

Book Chapters

Centenary reflections on restitution and equity, Centenary essays for the High Court of Australia (2004)

Extract:

The purposes of this paper are modest: briefly to trace the developments of...

 

The 'other' category in the classification of obligations, The law of obligations: Connections and boundaries (2004)

Extract:

Much has been written recently about "taxonomy" or, more specifically, about the classification...

 

Australia: Recent developments in torts law, European Tort Law 2002 (2003)

Extract:

There has been a significant sea-change in Australian Torts law over the last...