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Announcement by the Editors of E Law
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The Editors of E Law would like to announce the publication of what we
believe is the first Australian electronic law journal. It is published
by Murdoch University.
E Law includes contributions in three principal formats:
1. Materials of current interest such as reports and comments on
developments in the law, including significant recent cases;
2. Materials reporting on scholarly work in progress or calling for
comments such as research notes and excerpts from unfinished larger works
3. Completed papers which may incorporate, refer to, or be accompanied by
materials generated by previous publication of a version of the finished
work in E Law as a category 2 piece; these submissions are subject to
external peer review.
Currently, E Law is published in ASCII/DOS format. There are plans to
publish the journal in a variety of formats, including WordPerfect,
Microsoft Word and AmiPro, in addition to the existing ASCII/DOS format.
We invite subscriptions to E Law from members of the public. We realise,
however, that there are individuals and organisations who may wish to be
notified of the contents of the journal without having to access the
journal in its entirety. We will therefore be making available a separate
Table of Contents, along with Abstracts, for each issue.
ACCESS
VIA GOPHER
To use your gopher client,
gopher infolib.murdoch.edu.au70
From the Murdoch University Main Menu, choose:
> Electronic Library
> Electronic Journals
>E Law: Murdoch Electronic Journal of Law
>either the "Contents" subdirectory, or one of the three different types of
article.
THE LINKS INFORMATION IS:
Type = 1+
Name = E Law : Murdoch Electronic Journal of Law
Path = 1/.ftp/pub/subj/law/elaw
Host = infolib.murdoch.edu.au
Port = 70
URL: gopher://infolib.murdoch.edu.au:70/11/.ftp/pub/subj/law/elaw
Size Language Document Type
---------------------------------------------------------------------------------------------
-
.5K English (USA) application/gopher-menu
.5K English (USA) application/gopher+-menu
.5K English (USA) text/html
SERVER INFORMATION
VIA ANONYMOUS-FTP
To access E Law via anonymous ftp:
ftp infolib.murdoch.edu.au
login: anonymous
password: your Internet e-mail address
cd/pub/subj/elaw
Then choose either the Contents subdirectory, or one of the three article type
subdirectories (current, refereed, comment)
EG
cd Contents
get v1no1.contents
bye
EG
cd comment
get mckenzie.txt
bye
COPYRIGHT POLICY:
Material appearing in E Law is accepted on the basis that the material is the
original, uncopied work of the author or authors. Authors agree to indemnify E
Law for all damages, fines and costs associated with a finding of copyright
infringement by the author or by E Law in disseminating the author's material.
In almost all cases materials appearing in E Law will attract copyright
protection under the Australian Copyright Act 1968 and the laws of countries
that are member states of the Berne Convention, Universal Copyright
Convention or have bilateral copyright agreements with Australia. Ownership of
such copyright will vest by operation of law in the authors and or E Law. E
Law and its authors grant a license to those accessing E Law to call up
copyright materials on to their screens and to print out a single copy for their
personal non-commercial use subject to proper attribution of E Law and/or the
authors.
SUBMISSION OF ARTICLES
Submissions to E Law should be forwarded to Associate Professor Michael
Pendleton of the School of Law, Murdoch University, Perth, Western Australia,
6150 (pendle@csuvax1.murdoch.edu.au) by email or on disk.
EDITORIAL BOARD:
Contributions Editor: Associate Professor Michael Pendleton
Technical Editor: Archie Zariski, Senior Lecturer in Law
Assistant Contributions Editor: Chris Shanahan, Lecturer in Law
Assistant Technical Editor: Murray Wheater
Student Associate Editors: Louise Johns, Mark Lane, Inge Lauw, Schellie-
Jayne Price, Nelson Wong
-----------------Murdoch University Library Gopher------------------------
E Law : Murdoch University Electronic Journal of Law
Volume 1 No 1 1993
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TABLE OF CONTENTS
Title: Caveatable Interests - the Common Lore Distinguished
Author: Sandra Boyle
Organisation: School of Law, Murdoch University
Language: English
Keywords: Caveatable Interests (Western Australia), Torrens System
Abstract: This paper argues for the removal of heresy in the
interpretation of caveatable interests under the Western Australian Torrens
System. Simply, the determination of a caveatable interest should be more
flexible, incorporating equitable rules. The Author presents two reasons for
the establishment of such heresy: (1) misconceptions concerning the nature of a
Torrens system; (2) the buildup of a body of judicial authority under this
misconception. There is a review of the relevant statutory sections and their
corresponding judicial pronouncement. Cases from other jurisdictions with
Torrens Systems are also examined.
Contact Name: Michael Pendleton
Contact Address: Murdoch University Law School, PO Box 1014, Canning
Vale, Western Australia, 6155
Contact Phone: +61 09 360 2976
Contact E Mail: pendle@csuvax1.murdoch.edu.au
Last Verified:
Last Updated:
Creation Date: 22 December 1993
Expiry Date:
File Size: 44K
File Type: Document
File Format: ASCII
ISBN/ISSN:
Publication Status: Final
URL:
gopher//infolib.murdoch.edu.au:70/00/.ftp/pub/subj/law/elaw/refereed/boyle.txt
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Title: Australian Ratification of International Labour Organisation
Convention No. 169
Author: Catherine J. Iorns
Organisation: School of Law, Murdoch University
Language: English
Keywords: Australia, Labour, ILO
Abstract: A brief history of the Convention is provided. Why should
Australia not ratify the Convention? Indigenous peoples were not formally
represented in the Convention process, the Convention denies indigenous
peoples the right of self determination, it does not require their consent to
government measures affecting them, and it accords little status to
indigenous laws and values, it is weak on land ownership and use, and it is
generally paternalistic. However, it represents a significant step for
ward in a slow changing area of International Law. Adopting it will expand
upon the rights of Australian Aborigines and may foster wider recongition of
the rights of Indigenous Peoples worldwide. It may provide a starting point for
further advances.
Contact Name: Michael Pendleton
Contact Address: Murdoch University Law School, PO Box 1014, Canning
Vale, Western Australia, 6155
Contact Phone: +61 09 360 2976
Contact E Mail: pendle@csuvax1.murdoch.edu.au
Last Verified:
Last Updated:
Creation Date: 22 December 1993
Expiry Date:
File Size: 48K
File Type: Document
File Format: ASCII
ISBN/ISSN:
Publication Status: Final
URL:
gopher//infolib.murdoch.edu.au:70/00/.ftp/subj/law/elaw/current/iorns1.txt
-----------------------------------------------------------
Title: The Draft Declaration of the Rights of Indigenous Peoples
Author: Catherine J. Iorns
Organisation: School of Law, Murdoch University
Language: English
Keywords: Indigenous, Rights
Abstract: This article provides an outline of the development of the Draft
Declaration on the Rights of Indigenous Peoples and discusses the important
provisions therein. Suggestions are made for improvements that might be
incorporated before it is adopted by the UN General Assembly.
Contact Name: Michael Pendleton
Contact Address: Murdoch University Law School, PO Box 1014, Canning
Vale, Western Australia, 6155
Contact Phone: +61 09 360 2976
Contact E Mail: pendle@csuvax1.murdoch.edu.au
Last Verified:
Last Updated:
Creation Date: 22 December 1993
Expiry Date:
File Size: 67K
File Type: Document
File Format: ASCII
ISBN/ISSN:
Publication Status: Final
URL:
gopher//infolib.murdoch.edu.au:70/00/.ftp/pub/subj/law/elaw/current/iorns2.txt
-----------------------------------------------------------
Title: A Feminist Looks At Ronald Dworkin's Theory of Equality
Author: Catherine J. Iorns
Organisation: School of Law, Murdoch University
Language: English
Keywords: Feminism, Dworkin, Equality
Abstract: This piece is a 'work in progress' dealing Dworkin's theory of equality
and its related social vision from a feminist perspective. Criticisms of method
and substance are put forward. Methodologically, there is too much emphasis
upon abstract principles. Also, issues of sex appear to intrude into Dworkin's
notionally objective stance (the 'independence' principle). The implications of
this depends upon what social/familial structures are carried over from current
society. Linguistic analysis, although not decisive, supports the view that
structures oppressive to women are envisaged. A notable substantive problem
is the theory's reliance on a questionable public/private distinction. Also, the
emphasis given to and the role placed upon private resources and related
phenomena seem to run counter to feminist concerns, and in places goes
unjustified. The definition of equality fails to address the reality of the
oppression of women in the real world. The author criticises the central
freedom/equality dichotomy. There seems an unstated assumption of the
continuance of modes of oppression of women, especially in the private sphere.
The issue of insurance for child bearing is a key example. Reservations are
expressed regarding the theory of political power and political equality.
Contact Name: Michael Pendleton
Contact Address: Murdoch University Library, PO Box 1014, Canning Vale,
Western Australia 6155
Contact Phone: +61 09 360 2976
Contact E-mail: pendle@csuvax1.murdoch/edu.au
Last Verified:
Last Updated:
Creation date: 22 December 1993
Expiry date:
File Size: 136K
File Type: Document
File Format: ASCII
ISBN/ISSN:
Publication Status: Final
URL:
gopher//infolib.murdoch.edu.au:70/00/.ftp/pub/subj/law/elaw/comment/iorns3.t
xt
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Title: Report of the 11th Session of the Working Group on Indigenous
Peoples, 19-30 July 1993
Author: Catherine J. Iorns
Organisation: School of Law, Murdoch University
Language: English
Keywords: Indigenous, United Nations
Abstract: An outline of the discussion of the session's agenda items. The major
items were the debate on the draft Declaration of Rights of Indigenous Peoples
and the Review of Developments, where Indigenous Peoples worldwide present
statements to the session describing their current circumstances. There were
also reports on studies conducted by Working Group members and by a Maori
group. There were comments on the International Year of the World's
Indigenous Peoples and on the World Conference of Human Rights. The
Working Group's future was discussed, as were funding issues.
Contact Name: Michael Pendleton
Contact Address: Murdoch University Law School, PO Box 1014, Canning
Vale, Western Australia 6155
Contact Phone: +61 09 360 2976
Contact E Mail: pendle@csuvax1.murdoch.edu.au
Last Verified:
Last Updated:
Creation Date: 22 December 1993
Expiry Date:
File Size: 16K
File Type: Document
File Format: ASCII
ISBN/ISSN:
Publication Status: Final
URL:
gopher//infolib.murdoch.edu.au:70/00/.ftp/pub/subj/law/elaw/current/iorns4.txt
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Title: "Jumping the Gun" An Examination of the Law Relating to Securities
Issues in Australia (Work in Progress)
Author: Robert McKenzie
Organisation: School of Law, Murdoch University
Language: English
Keywords: Securities, Australia, Shares
Abstract: The author puts forward the thesis that the _Corporations Law_ fails
to provide an adequate foundation for the effective regulation of "image"
advertising, during the period prior to the registration of a prospectus, by
corporations intending to issue securities.
The paper begins with an examination of the philosophy of disclosure and
identifies three goals of mandatory disclosure regulation: investor protection
from undisclosed risk; deterrence of fraud; and improved securities market
efficiency. The current legal framework for the regulation of disclosure in initial
public offerings is then described, with reference to both legislation and policy.
The third part of the paper asks whether the current regulatory regime is
sufficient to achieve the goals of disclosure regulation and concludes that it is
not. Part Four makes suggestions for improvement to the current regime by
issuing guidelines, introducing new procedures and amending legislation.
The paper concludes that mandatory disclosure by prospectus is necessary in
initial public offerings of securities and that strict control of advertising is
needed to ensure that the good work of disclosure is not undone. Lessons must
be learned from the large privatisations and corporate floats of the early 1990s
if capital markets are to continue to attract investors; particularly in the light of
the many privatisations pending. Amendment of existing legislation is necessary
to clarify current uncertainty.
Contact Name: Michael Pendleton
Contact Address: Murdoch University Law School, PO Box 1014, Canning
Vale, Western Australia, 6155
Contact Phone: +61 09 360 2976
Contact E Mail: pendle@csuvax1.murdoch.edu.au
Last Verified:
Last Updated:
Creation Date: 22 December 1993
Expiry Date:
File Size: 109K
File Type: Document
File Format: ASCII
ISBN/ISSN:
Publication Status: Final
URL:
gopher//infolib.murdoch.edu.au:70/00/.ftp/pub/subj/law/elaw/current/mckenzie.
txt
----------------------------------------------------------
Title: Legislation Note: Curbing Self-Dealing in Corporations: Australia's New
Approach
Author: Ralph Simmonds, Dean and Professor of Law, Murdoch University
Organisation: School of Law, Murdoch University
Language: English
Keywords: Corporations Law - Part 3.2A, self-dealing, directors, shareholder
approval
Abstract: A concern of regulators of corporations world-wide is transactions
involving corporate assets with those controlling the corporation or with their
intimates. The traditional approach in countries like Australia has been to rely
on the common law fiduciary duties, augmented by specific statutory
requirements for particular sorts of transactions perceived to carry a high risk of
abuse. The latest in the line of these requirements is contained in _Corporations
Law_, Part 3.2A, in force on 1 February 1993, but subject to a delaying
provision, for some cases at least, until 1 February 1994. Part 3.2A is
distinguished by the breadth of its application, particularly in relation to
transactions in corporate groups. Its greatest novelty lies in its basic rule
prohibiting the giving of financial benefits to related parties unless approval by a
majority of disinterested shareholders is secured. This note explores the
contours of the basic rule, and its exceptions, against the backdrop of prior law.
Contact name: Michael Pendleton
Contact address: Murdoch University Law School, PO Box 1014, Canning
Vale, Western Australia 6155
Contact Phone: +61 09 360 2976
Contact E-mail: pendle@csuvax1.murdoch.edu.au
Last Verified:
Last Updated:
Creation Date: 22 December 1993
Expiry Date:
File Size: 73K
File Type: Document
File Format: ASCII
ISBN/ISSN:
Publication Status: Final
URL:
gopher//infolib.murdoch.edu.au:70/00/.ftp/pub/subj/law/elaw/current/simmonds.
txt
-----------------------------------------------------------
Title: The Electronic Classroom: a Personal Account of Learning the Law by
Email
Author: Murray Wheater
Organisation: School of Law, Murdoch University
Language: English
Keywords: computer networks, legal education, legal profession, electronic
mail, electronic journals
Abstract: A student's personal account on the initial attempt to teach a law
course with a computer network as a tool of teaching. There is a brief
description of the extent to which law firms and lawyers themselves have used
and are using this new technology. An outline of the law course follows. This
is with particular emphasis on the use of information technology. This leads to
personal reflection on the benefits of structuring the course in such a way. It
concludes with a few words on the future of an electronic law classroom.
Contact Name: Michael Pendleton
Contact Address: Murdoch University Law School, PO Box 1014, Canning
Vale, Western Australia, 6155
Contact Phone: +61 09 360 2976
Contact E Mail: pendle@csuvax1.murdoch.edu.au
Last Verified:
Last Updated:
Creation Date: 22 December 1993
Expiry Date:
File Size: 14K
File Type: Document
File Format: ASCII
ISBN/ISSN:
Publication Status: Final
URL:
gopher//infolib.murdoch.edu.au:70/00/.ftp/pub/subj/law/elaw/comment/wheater.
txt
COPYRIGHT POLICY:
Material appearing in E Law is accepted on the basis that the material is the
original, uncopied work of the author or authors. Authors agree to indemnify E
Law for all damages, fines and costs associated with a finding of copyright
infringement by the author or by E Law in disseminating the author's material.
In almost all cases materials appearing in E Law will attract copyright
protection under the Australian Copyright Act 1968 and the laws of countries
that are member states of the Berne Convention, Universal Copyright
Convention or have bilateral copyright agreements with Australia. Ownership of
such copyright will vest by operation of law in the authors and or E Law. E
Law and its authors grant a license to those accessing E Law to call up
copyright materials on to their screens and to print out a single copy for their
personal non-commercial use subject to proper attribution of E Law and/or the
authors.