Wavering alternations of valour and caution: commercial and regulatory litigation in the French CJ High Court
Download (137.65 kB)
Description
This article examines commercial and regulatory litigation in the High Court since Robert French was appointed Chief Justice in 2008. An analysis of six cases reveals a spectrum of valour and caution, courage and coyness. The French High Court has asserted judicial leadership and a public responsiveness in some areas but in others it has retreated to a narrow incrementalism that pulls away from broader issues and leaves important questions unanswered. Although the article concludes that it...[Show more]
dc.contributor.author | Spender, Peta | |
---|---|---|
dc.date.accessioned | 2014-03-31T02:21:09Z | |
dc.date.available | 2014-03-31T02:21:09Z | |
dc.identifier.issn | 1839-4574 | |
dc.identifier.uri | http://hdl.handle.net/1885/11511 | |
dc.description.abstract | This article examines commercial and regulatory litigation in the High Court since Robert French was appointed Chief Justice in 2008. An analysis of six cases reveals a spectrum of valour and caution, courage and coyness. The French High Court has asserted judicial leadership and a public responsiveness in some areas but in others it has retreated to a narrow incrementalism that pulls away from broader issues and leaves important questions unanswered. Although the article concludes that it is too early to determine a particular judicial method of the French High Court (as compared to some of its predecessors), it raises questions about what should be expected of Australia’s highest appellate court in this area. | |
dc.description.sponsorship | Copyright Information: Email permission to deposit received from Thomson Reuters 9.12.13 | |
dc.format | 20 pages | |
dc.publisher | Thomson Reuters | |
dc.rights | Email permission to deposit received from Thomson Reuters 9.12.13 | |
dc.source | Journal of Civil Litigation and Practice | |
dc.source.uri | http://www.westlaw.com.au/maf/wlau/app/document?docguid=I2139c3f719ac11e38f45ebd1ab56cac9&tocDs=AUNZ_AU_JOURNALS_TOC&isTocNav=true&startChunk=1&endChunk=1 | |
dc.subject | commercial | |
dc.subject | regulatory | |
dc.subject | litigation | |
dc.subject | high court | |
dc.subject | French | |
dc.title | Wavering alternations of valour and caution: commercial and regulatory litigation in the French CJ High Court | |
dc.type | Journal article | |
local.identifier.citationvolume | 2 | |
dc.date.issued | 2013 | |
local.identifier.absfor | 180120 - Legal Institutions (incl. Courts and Justice Systems) | |
local.identifier.absfor | 180123 - Litigation, Adjudication and Dispute Resolution | |
local.identifier.ariespublication | u4712283xPUB36 | |
local.publisher.url | http://thomsonreuters.com/ | |
local.type.status | Published Version | |
local.contributor.affiliation | Spender, Peta, College of Law, The Australian National University | |
local.bibliographicCitation.startpage | 111 | |
local.bibliographicCitation.lastpage | 130 | |
local.identifier.absseo | 940401 - Civil Justice | |
local.identifier.absseo | 940406 - Legal Processes | |
local.identifier.absseo | 940405 - Law Reform | |
dc.date.updated | 2021-08-01T08:37:15Z | |
Collections | ANU Research Publications |
Download
File | Description | Size | Format | Image |
---|---|---|---|---|
Spender et al Wavering alternations of valour 2013.pdf | 137.65 kB | Adobe PDF |
Items in Open Research are protected by copyright, with all rights reserved, unless otherwise indicated.
Updated: 17 November 2022/ Responsible Officer: University Librarian/ Page Contact: Library Systems & Web Coordinator