Publications

Hubbard, T & Varnham, S 2003, Principles of Law for New Zealand Business Students:Study Guide 2003, Pearson Prentice Hall, Auckalnd.

Reynolds, R & Stoianoff, NP 2003, Intellectual Property: Text and Essential Cases, 1, The Federation Press, Australia.
View description>>

This text written with Associate Professor Natalie Stoianoff of UOW, has been set at the prescribed text at the University of SYdney, Melbourne University, the Australian National University, Macquarie University, University of Adelaide, Newcastle University, University of New England, University of Tasmania, Charles Darwin University, University of Wollongong and UTS. In addition, it is a recommended text at most other Australian Law Schools and has been widely adopted and favourably reviewed by the profession. The text takes a istinctive approach to the teaching of the subject by focussing on the discursive practices of Australian intellectual property law. As European and US law turn more to their constitutional underpinnings to understand the understand the function of IP law, Australian courts continue ti patrol the proper boundaries of property rights. This has given Australian IP law a very particular character. The distinctiveness of this approach is recognised by His Honour Mr Justice Gummow of the High Court of Australia who wrote the foreword to the first edition of the text. Such acclaim is particularly appreciated as Justice Gummow is considered one of the leading intellectual forces on the High Court in the profession and in academia. As an academic at the university of Sydney, Justice Gummow was also one of the founding fathers of IP studies in Australia.

Caldas-Coulthard, CR & van Leeuwen, T 2003, 'Introduction' in Deborah Staines, MA & Biber, K (eds), The Chamberlain Case: Nation, Law, Memory, Informa UK Limited, North Melbourne, Australia, pp. 3-4.
View/Download from: Publisher's site

Redmond, PM 2003, ''Emerging from the chrysalis of apprenticeship': Rethinking objectives in law school education' in Sin, KF (ed), Legal Explorations:Essays in Celebration of Michael Chesterman, Lawbook Co, Sydney, Australia, pp. 15-43.
View description>>

Michael Chesterman's working life has been spent as legal educator, scholar, researcher, law school dean and law reformer. This chapter honours these contributions, but particularly those as legal educator. The diversity of the roles that he has assumed reflects the range of social purposes that law schools themselves serve.

Stoianoff, NP & Kaidonis, MA 2003, 'Rehabilitation of Mining Sites: Tax, Accounting and Serving the Environment' in Milne, J, Deketelaere, K, Kreiser, L & Ashiabor, H (eds), Critical Issues in Environmental Taxation. International and Comparative Perspectives: Volume I, Richmond Law & Tax Ltd, Richmond, UK, pp. 241-253.
View description>>

Historically, taxation policy has been used by the Australian Federal Government 10 encourage environmental responsibility in the natural resources industry. These taxation policies are consistent with a recent DECO' report (the DECO 2001 Report] which urges the US!! of environmentally related taxes by member countries to 'provide an incentive to polluters to modify their production and consumption behaviour' Whilst the DECO recognizes a range of economic instruments, such as 'tradable emission permits ... performance bonds, non-compliance fees',3 in this paper, we consider taxation policies for companies specifically related to rehabilitation of mining sites. These policies have manifested into fiscal instruments in the nature of tax concessions but are often referred to as tax expenditures, The effectiveness of such fiscal instruments in complementing environmental policies can be measured according to the criteria provided by the DECOin an earlier report, Taxation and the Enviromnent Complementary Policies (the DECO 1993 Report).i In that report the OECD points out that tax policies and environmental policies ought to be 'mutually reinforcing'.

Stuhmcke, AG 2003, 'Human Reproductive Technology' in Halsburys Laws of Australia, Lexis Nexis, Sydney Australia, pp. 743-780.

Alexander, IJ 2003, 'Plus CA Change - Extension of Copyright Term in Australia', Intellectual Property Forum, vol. 55, pp. 6-22.

Anthony, T 2003, 'Postcolonial Feudal Hauntings of Northern Australian Cattle Stations', Law.Text.Culture, vol. 7, pp. 277-307.

Beumont, P & Carney, T 2003, 'Conceptual issues in theorising anorexia nervosa: Mere matters of semantics?', International Journal of Law and Psychiatry, vol. 26, no. 6, pp. 585-598.
View/Download from: Publisher's site

Biber, K & Stephens, T 2003, 'Bowling for Paranoid Nationalism A review of Michael Moore's film Bowling for Columbine after reading Ghassan Hage's book Against Paranoid Nationalism', Current Issues in Criminal Justice, vol. 14, no. 3, pp. 324-327.
View/Download from: Publisher's site

Biber, K & Stephens, T 2003, 'Bowling for Paranoid Nationalism - A review of Michael Moore's film 'Bowling for Columbine' after reading Ghassan Hage's book 'Against Paranoid Nationalism'', Current Issues in Criminal Justice, vol. 14, no. 1.

Biber, K & Stephens, T 2003, 'Review Essay: Bowling for Paranoid Nationalism: A Review of Michael Moore's Film, 'Bowling for Columbine' after Reading Ghassan Hage's Book, 'Against Paranoid Nationalism'', Current Issues in Criminal Justice, vol. 14, pp. 324-327.

Booth, T 2003, 'Altered Perceptions of Conflict in Homicide Matters: The Role of Victim-Offender Conferencing', Australian Dispute Resolution Journal, vol. 14, no. 4, pp. 290-298.

Carney, T 2003, 'Anorexia Special Issue', International Journal of Law and Psychiatry, vol. 26, no. 6, pp. 583-583.
View/Download from: Publisher's site

Carney, T 2003, 'Mental Health in Postmodern Society: Time for New Law Paradigms?', Psychiatry, Psychology and Law, vol. 10, no. 1, pp. 12-32.
View/Download from: Publisher's site

Carney, T 2003, 'Mental Health Law in Postmodern Society: Time for New Paradigms?', Psychiatry, Psychology and Law, vol. 10, no. 1, pp. 12-32.
View/Download from: Publisher's site
View description>>

This article reviews the “rights” versus “access to treatment” debate in mental health law and policy. It asks, among other things, whether contemporary policy is compatible with civil rights standards, whether community-based care is adequate and “fair”, and whether it is well placed to cope with present and future challenges (such as privatisation of services, reduced visibility of need and neglect, populist campaigns against public “risk” allegedly posed by certain personality disorders, and access and equity needs within cultural diversity). It is concluded that legislation and policy passes international human rights scrutiny, but it is argued that debate urgently needs to move on to craft the content (and monitor the performance) of new instruments; instruments better attuned to the community-based care needs of contemporary postmodern society. The paper challenges the air of complacency in this area, as evidenced by neglect of attention to the use and monitoring of community treatment orders, the lack of techniques for protection of citizens interests within a privatised state, and the absence of answers to the steady erosion in state resourcing and services. © 2003 Taylor & Francis Group, LLC.

Carney, T, Tait, D, Saunders, D, Touyz, S & Beumont, P 2003, 'Institutional options in management of coercion in anorexia treatment: The antipodean experiment?', International Journal of Law and Psychiatry, vol. 26, no. 6, pp. 647-675.
View/Download from: Publisher's site

Chiarella, C, Flaschel, P, Groh, G & Semmler, W 2003, 'Reply to K. Velupillai's review of Chiarella and Flaschel: The dynamics of Keynesian monetary growth: Macro foundations (CF), and Chiarella, Flaschel, Groh and Semmler: Disequilibrium, growth and labor market dynamics: Macro perspectives (CFGS) - Introduction: The historical perspective', JOURNAL OF ECONOMICS-ZEITSCHRIFT FUR NATIONALOKONOMIE, vol. 78, no. 1, pp. 96-104.
View/Download from: Publisher's site

Crofts, P 2003, 'Ambiguities in approaches to brothels: Disorderly Houses or commercial premises?', Environmental and Planning Law Journal, vol. 20, no. 6, pp. 445-458.
View description>>

In 1995, the Disorderly Houses Amendment Act 1995 (NSW) abolished the common law offence of keeping a brothel, making brothels a legitimate commercial land use regulated under the Environmental Planning and Assessment Act 1979 (NSW). Councils were given the power to approve brothels, and to take action in the Land and Environment Court to close a disorderly brothel in response to complaints by nearby residents. This article explores whether or not the legislature has achieved the stated aim of treating brothels as legitimate commercial land use, through an analysis of local council policies in NSW and Land and Environment Court decisions regarding brothels. The central argument of this article is that while the reforms have gone some way toward treating brothels as legitimate commercial premises, the historical perception of brothels as inherently disorderly is sustained at local and State government levels and in some of the Land and Environment Court decisions. © LAWBOOK CO.

Crofts, P 2003, 'Not in My Neighbourhood', Local Government Law Journal, vol. 1, no. 9, pp. 10-20.
View description>>

NA

Crofts, P 2003, 'Problem Gambling and Property Offences', International Gambling Studies, vol. 3, no. 2, pp. 185-199.

Crofts, P 2003, 'White Collar Punters: Stealing from the Boss to Gamble', Current Issues in Criminal Justice, vol. 15, no. 1, pp. 40-52.
View description>>

Gambling provides a significant motivation for employee theft. Recent research suggests that problem gambling provides a motivation for at least 15% of employee thefts in Nevv South vVa1es. Problem gamblers may steal from their places of employment either to finance their gambling or to repay gambling debts. The reasons why a person gambles excessively impact upon their offending pattems. Problem gamblers who believe that they will win, may initially 'bonow' money from work, in order to finance additional gambling to win back money they have lost. When they do not win, the continued irrational belief that they will win, provides the motivation to continue stealing in order to provide a big enough stake to win back the money they have lost and stolen. Additionally, if a person gambles to avoid stress or depression, and then steals from work to finance their gambling, this thieving can then become a major cause of stress in and of itself. This leads to sustained stealing from the workplace until the problem gambler is apprehended.

Dauvergne, C & Millbank, J 2003, 'Before the High Court: Applicants S396/2002 and S395/2002, a gay refugee couple from Bangladesh', Sydney Law Review, vol. 25, no. 1, pp. 97-124.
View description>>

Leave to appeal from a decision of the Full Federal Court in Kabir v Minister for Immigration and Multicultural Affairs - the case concerns a gay couple from Bangladesh seeking asylum and marks the first time that a final appellate court anywhere in the world will consider a refugee claim based on grounds of sexual orientation - High Court has played an important role in developing international refugee jurisprudence.

Dauvergne, C & Millbank, J 2003, 'Burdened by Proof: How the Australian Refugee Review Tribunal Has Failed Lesbian and Gay Asylum Seekers', Federal Law Review, vol. 31, no. 2, pp. 299-342.

Dauvergne, C & Millbank, J 2003, 'Burdened by Proof: How the Australian Refugee Review Tribunal has Failed Lesbian and Gay Asylum Seekers', Federal Law Review, vol. 31, no. 2, pp. 299-342.
View/Download from: Publisher's site

Dauvergne, C & Millbank, J 2003, 'Crusingforsex.com: An Empirical Critique of the Evidentiary Practices of the Australian Refugee Review Tribunal', Alternative Law Journal, vol. 28, no. 4, pp. 176-181.
View/Download from: Publisher's site

GOLDBLATT, B 2003, 'Teen pregnancy and abuse of the Child Support Grant. Addressing the myths and stereotypes', Agenda, vol. 17, no. 56, pp. 79-83.
View/Download from: Publisher's site
View description>>

BETH GOLDBLATT looks at the myths and stereotypes around women and welfare in South Africa.

Goldblatt, B & van Rooyen SC, K 2003, 'Notes and Comments', South African Journal on Human Rights, vol. 19, no. 1, pp. 118-123.
View/Download from: Publisher's site

Goldblatt, BA 2003, 'Regulating Domestic Partnerships - A Necessary Step in the Development of South African Family Law', South African Law Journal, vol. 120, no. 3, pp. 610-610.

Goldblatt, BA 2003, 'Regulating Domestic Partnerships - A Necessary Step in the Development of South African Family Law', South African Law Journal, vol. 120, no. 3, pp. 610-610.

Goldblatt, BA 2003, 'Satchwell v President of the RSA (Case Note)', South African Journal on Human Rights, vol. 19, no. 1, pp. 118-118.

Golder, H & Kirkby, D 2003, 'Mrs. Mayne and Her Boxing Kangaroo: A Married Woman Tests Her Property Rights in Colonial New South Wales', Law and History Review, vol. 21, no. 3, pp. 585-606.
View/Download from: Publisher's site
View description>>

In 1891, in the Supreme Court of New South Wales, Mrs. Olivia Mayne brought an action for breach of contract against two brothers, theatrical entrepreneurs, James and Charles MacMahon. Mrs. Mayne claimed the MacMahon brothers owed her money for the hire of her property, a boxing kangaroo called “Fighting Jack.” The MacMahons contested her claim, hoping to avoid their obligation by disputing the legally binding nature of the agreement they had made with her. The argument became one about the contractual capacity of a married woman.

Hawes, C 2003, 'Seeds of Dissent: The Evolution of Published Commercial Law Court Judgments in Contemporary China', Australian Journal of Asian Law, vol. 5, no. 1, pp. 1-41.
View description>>

This article traces the evolution of published Chinese court judgments from the early to late 1990s, focusing on the official anthology Selected Cases from the People?s Courts. The author translates several examples demonstrating growing awareness among the judiciary of the importance of due process and transparency in the judicial system. Analysis of commentaries to these cases suggests that Chinese judges are also becoming more willing to publicly express divergent and dissenting opinions about legal issues that arise when cases are adjudicated. The latter part of the article then discusses a fascinating experiment by the Guangzhou Maritime Court (GMC), perhaps the next logical step in the evolution of Chinese court judgments. This Court currently posts notarised judgment texts on its website, not merely edited versions that were available before. The Court?s judges also write dissenting or separate concurring opinions within their judgments, rather than relegating them to ancillary legal commentaries published elsewhere. The conclusion critically analyses the reasons given by the GMC President for introducing this experiment and notes some obstacles preventing such transparent adjudicative practices from spreading to courts throughout China. The author suggests that reforms in judgment writing and publication are one of many factors that will encourage the future development of 'rule of law' in China.

Kaye, M, Stubbs, J & Tolmie, J 2003, 'Domestic Violence, Separation and Parenting: Negotiating Safety Using Legal Processes', Current Issues in Criminal Justice, vol. 15, no. 2, pp. 73-94.
View/Download from: Publisher's site

Kirkby, D 2003, '“Beer, Glorious Beer”: Gender Politics and Australian Popular Culture', The Journal of Popular Culture, vol. 37, no. 2, pp. 244-256.
View/Download from: Publisher's site

Lenta, P 2003, 'Do Lawyers need Philosophy?', South African Journal of Philosophy, vol. 22, no. 1, pp. 82-97.
View/Download from: Publisher's site

Lenta, P 2003, 'Do lawyers need philosophy?', South African Journal of Philosophy, vol. 22, no. 1, pp. 81-96.
View description>>

Neo-pragmatists Richard Rorty and Stanley Fish have recently argued that philosophy has no consequences for legal practice (except, in the case of Fish, in so far as it carries rhetorical force). They have asserted not only that philosophy cannot provide absolute metaphysical foundations for legal practice, but also that philosophy cannot be used to criticise law. This essay examines Fish and Rorty's reasons for denying the practical force of philosophy. Although I agree with Rorty and Fish's non-foundationalism, I argue that in practice lawyers employ discursive categories and concepts that can be described as philosophical. I suggest also that philosophy has a critical function and that the characterisation of philosophy offered by these theorists amounts to a conservative assertion of the formal completeness and substantive justice of existing liberal legal systems. Against Fish and Rorty, I argue and selectively demonstrate that lawyers can usefully draw upon 'public ironists' such as Nietzsche, Foucault and Derrida to criticise and improve upon extant legal practices.

Lenta, P 2003, 'The Changing Face of the Law: Ubuntu, Religion and the Politics of Postcolonial Legality', Explorations in Contemporary Continental Philosophy of Religion. Amsterdam: Editions Rodopi BV, pp. 155-174.
View/Download from: Publisher's site

Millbank, J 2003, 'And then. . . The Brides Changed Nappies: Lesbian Mothers, Gay Fathers and the Legal Recognition of Our Relationships with the Children We Raise', SSRN Electronic Journal.
View/Download from: Publisher's site

Millbank, J 2003, 'From here to maternity: A review of the research on lesbian and gay families', AUSTRALIAN JOURNAL OF SOCIAL ISSUES, vol. 38, no. 4, pp. 541-600.
View description>>

This article presents a review of current British and American literature on the children of lesbians and gay men, and connects this literature with the small amount of information available on lesbian and gay families in Australia. The article outlines available demographic information about lesbian and gay family forms; provides an overview of the results of sociological and psychological research into the development and well being of children raised in lesbian and gay families; and reviews the implications of the research reviewed for both current and future legal and policy regulation of lesbian and gay families.

Millbank, J 2003, 'Gender, Sex and Visibility in Refugee Decisions on Sexual Orientation', Georgetown Immigration Law Journal, vol. 18, no. 1, pp. 71-110.

Millbank, J 2003, 'Gender, Visibility and Public Space in Refugee Decisions', Seattle Journal for Social Justice, vol. 1, no. 3, pp. 725-742.

Redmond, PM 2003, 'Transnational Enterprise and Human Rights: Options for Standard-setting and Compliance', The International Lawyer, vol. 37, no. 2003, pp. 69-102.
View description>>

NA

Riley, J 2003, 'Industrial Legislation in 2002', Journal of Industrial Relations, vol. 45, no. 2, pp. 151-165.
View/Download from: Publisher's site
View description>>

Legislation proposed and passed in 2002 continued to demonstrate the close alliance between law and politics in this field. While the Federal government pressed on with its Workplace Relations third wave (the Registration and Accountability of Organisations legislation being its only significant success), recently elected Labor governments moved in contrary directions. The Gallop Labor government’s new Western Australian industrial laws feature in this report, and there is also a brief review of the Rann government’s commissioned review of South Australia’s industrial law. New South Wales introduced some protective measures for outworkers—and also restricted access to unfair contracts review to ‘high flyers’.

Riley, J 2003, 'Mutual trust and good faith: Can private contract law guarantee fair dealing in the workplace?', Australian Journal of Labour Law, vol. 16, no. 1, pp. 28-49.

Riley, J 2003, 'Protection for employment entitlements: a legal perspective', Australian Bulletin of Labour, vol. 29, no. 1, pp. 31-41.

Riley, J 2003, 'Who owns the customers? A reflection on recent cases on post-employment restraint clauses', Commercial Law Quarterly, vol. 17, no. 2, pp. 3-11.

Sheldon, S 2003, 'Unwilling Fathers and Abortion: Terminating Men's Child Support Obligations?', The Modern Law Review, vol. 66, no. 2, pp. 175-194.
View/Download from: Publisher's site
View description>>

There is broad agreement across the western industrialised world that men who father children outside of marriage share in an obligation to support their offspring financially. Against this consensus, some men's groups have claimed that if women are accorded control over the decision to continue or to terminate a pregnancy then it is unfair to hold genetic fathers financially liable for child support. This paper assesses the merits of this claim from a feminist perspective. Having considered a number of arguments, it suggests that the currently accepted grounding of child support liability (in voluntary creation of need) provides little scope for refuting the men's groups' argument. The paper then moves on to argue that voluntary creation of need is, however, inadequate as a basis for child support liability, and that the current analysis offers compelling grounds for preferring a collective model of support obligations.

Stuhmcke, AG 2003, 'Ombudsman and Legal Practice: Where to from Here?', International Legal Practitioner, vol. 28, no. 2, pp. 48-51.

Stuhmcke, AG 2003, 'Resolving Consumer Disputes', Australian Business Law Review, vol. 31, no. 1, pp. 48-53.
View description>>

NA

Stuhmcke, AG 2003, 'The Commonwealth Ombudsman: Twenty Five Years on and no Longer Alone', AIAL Forum, vol. 36, pp. 54-63.
View description>>

The Commonwealth Ombudsman: Twenty Five Years on and no Longer Alone

Wardell, A 2003, 'A no case submission', The Australian Insolvency Journal, vol. 15, no. 1, pp. 12-14.

Wardell, A 2003, 'Bankruptcy v tax : a shield or a sword?', Australian Insolvency Journal, vol. 15, no. 4, pp. 16-20.
View description>>

Recommendation three of the Joint Taskforce report on 'The Use of Bankruptcy and Family Law Schemes to Avoid Payment of Tax' - concerned with establishment of a committee to review the law relating to 'looking through' asset ownership structures under the Bankruptcy Act, the Family Law Act and State and Territory de-facto legislation - review of Prentice v Cummins, the case of the bankrupt barrister who used bankruptcy as a sword to ward off his creditors.

Wardell, A 2003, 'High Court decision : Cook v Benson : different views.', Australian Insolvency Journal, vol. 15, no. 3, pp. 15-18.
View description>>

High Court decision in Cook v Benson held that the payments of moneys by the respondent bankrupt into three superannuation funds were not void as against the appellant trustee in bankruptcy pursuant to s 120(1) of the Bankruptcy Act, as it existed in September 1990.

Wardell, A 2003, 'Risk of criminal charges under health and safety!', Australian Insolvency Journal, vol. 15, no. 2, pp. 14-16.
View description>>

Receivers and managers of companies in receivership need to be aware of their occupational health and safety responsibilities as an injury sustained by an employee may result in criminal charges being laid against them, as occurred in Inspector Elizabeth Benbow v Robert Michael Scales.

Watson, N 2003, 'The Repatriation of Indigenous Remains in the United States of America and Australia: A Comparative Analysis', Australian Indigenous Law Reporter, vol. 8, no. 1, pp. 33-44.

Wilding, D 2003, 'The House, The Senate and the Media Ownership Bill: An 'Unacceptable Three-Way Control Situation?'', Media International Australia, vol. 108, no. 1, pp. 115-124.
View description>>

Over the past year media ownership and control have been at the forefront of media policy debates in the United States and the United Kingdom. In Australia, the Media Ownership Bill was debated — and defeated in the Senate — in the last week of June. The Bill seeks to remove many of the regulations on ownership and control in the Australian media. It is expected to return to the Senate later this year and has been lipped as one of the handful of triggers for a double dissolution. In this article Derek Wilding provides an outline of the Bill following a number of recent amendments, as well as the key policy issues and points of contention in this long-running debate on diversity, convergence and media influence.

Anthony, T 1970, 'Frontier Conflict and Aboriginal Crime', Postgraduate Arts Conference, University of Sydney.

Booth, T 1970, 'Language and Ritual of Sentencing in Homicide Cases: The INcreasing Visibility of family victims', Controlling Crime, Risks and Responsibilities: Australian and New Zealand Society of Criminology Conference, Sydney.
View description>>

Victim impact statements from family victims have become a regular feature of homicide trials in Australia. However the expressive and emotional aspects of these VISs have generated considerable debate regarding the judicial propriety of taking this evidence into account for the purposes of sentencing. This debate is reflected in the difference legislative and judicial responses of various Australian jurisdictions. This paper will argue that these differences are explicable as expressions of judicial politics reflecting the difficulties judges experience in coping with the impact of discourses surrounding victims of crime and concomitant pressures placed upon them by governments, media and the family victims themselves. More significant are the commonalities in the judgments regarding the reception of VISs and the increased awareness of family victims as reflected in the lnaguage and ritual of sentencing. These sentencing trends suggest an increasing humanisation of the process that arguably will deliver greater substantive justice to the family victim.

Kaidonis, MA & Stoianoff, NP 1970, 'The Polluter Pays Principle and Rehabilitation of Mining Sites: Facing Responsibilities or Transferring the Cost', Fourth Annual Global Conference on Environmental Taxation Issues, Experience and Potential, Sydney, New South Wales.

Leary, DK 1970, 'Law Reaches New Depths: The Endeavour Hydrothermal Vents Marine Protected Area', Aquatic Protected Areas: What works best and how do we know?, Australian Society for Fish Biology, Cairns, Australia, pp. 86-95.

Luckins, T, Kirkby, D, Paddle, S & Harris, HD 1970, 'Conference Reports', History Australia, Informa UK Limited, pp. 128-134.
View/Download from: Publisher's site

Stoianoff, NP 1970, 'Biological Resources and Benefit Sharing - the intersection between Traditional Knowledge and Intellectual Property', International Association for the Advancement of Teaching and Research in Intellectual Property (ATRIP) Congress, Tokyo, Japan.

Varnham, S 1970, 'Blameless or Blameworthy? 'Principle and pragmatism' and the liability of schools for sexual abuse committed by employees', 2nd Annual Virgina Education Law conference, 2nd Annual Conference, Virginia Education Law Association, virginia Education Law Association, Richmond, Virginia, US.

Varnham, S 1970, 'Getting Rid of Troublemakers: School exclusion and individual rights v school community', Annual Conference, Australia and New Zealand Education Law Association, Annual Conference of ANZELA, ANZELA, Sydney, Australia.

Lovric, J & Millbank, J NSW Law Reform Commission 2003, Darling, Please Sign This Form: A Report on the Practice of Third Party Guarantees in New South Wales, pp. 1-182, Sydney, Australia.
View description>>

Research Background This research examined 'third party guarantees', where another person - often a wife or family member - is asked to provide security for the debt of the borrower. Borrowers are frequently involved in running small businesses. The guarantor often receives no direct benefit from the loan and agrees to undertake it due to a relationship of emotional independence; moreover they may be given only incomplete information about the debt and the risks involved. 'Relationship debt' through this kind of contract involves a high risk of unfair dealing, and has generated considerable litigation. Research Contribution This research explored the experiences of the people who agree to guarantee the loans of others. Why do they sign on, how do they get into trouble in those transactions and what might have assisted them in avoiding such difficulties? Prior to this research the main source of information was judgments of cases that are litigated when things 'go wrong'. Yet litigated cases represent a very small percentage of disputed matters, the vast majority of which settle prior litigation. Reported cases also do not give any sense of transactions that are not disputed. Therefore, drawing information only from litigated cases was misleading policy-makers. This study explored the experiences and views of lenders, borrowers, guarantors, litigants and judges to provide a solid basis for legal reform. Research Significance This project was the first comprehensive Australian empirical research into the law and practices governing third party guarantees. It was funded through an ARC SPIRT (now linkage) grant and undertaken in partnership with the NSW Law Reform Commission. The findings were published as a research report and informed the Commission's final report and recommendations.

Wangmann, JM Violence Against Women Specialist Unit, NSW Attorney General's Department 2003, The Tamworth Domestic Violence Project: An Evaluation of a different model of service provision to victims of domestic violence in a police setting, pp. 14-53, Australia.

Lenta, P 2003, 'Justice without foundations', Berghahn Journals.