An examination of the champertous assignment of bare causes of action

Article Abstract:

Champerty refers to the maintenance of a cause of action, by a person not otherwise interested, in consideration of a promise to share in the proceeds or subject matter. In Australia, a related statute prohibiting the assignment of bare causes of action continues to influence the administration of civil justice. However, persuasive arguments support relaxing the limits on these assignments such as encouraging settlements and helping plaintiffs with valid claims but insufficient funds.

Assignments, Assignments (Law), Maintenance and champerty, Maintenance (Criminal law)

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Freight forwarder: principal or agent? What difference does it make?

Article Abstract:

Issues involving the legal complexities of multi-modal (sea/land) freight transport with respect to lost or damaged cargo in an international context are discussed. Issues include the problem of pinpointing the contractual rights and responsibilities of transport providers, the need to establish whether a freight forwarder is a 'carrier' for the purpose of relevant international treaties, and the process for establishing the rights and defenses of forwarders and shippers.

International, International aspects, International trade, Intermodal transportation, International trade regulation, Marine cargo handling industry, Marine cargo handling

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Corporate environmental reporting

Article Abstract:

Requirements under Australia's Corporations Law enacted in 1998 requiring the directors of some companies to include details of their firm's environmental performance in the annual director's report are discussed. A court finding a director in noncompliance with the law may impose substantial penalties on the director and, in serious cases, even ban the director from managing the firm.

Interpretation and construction, Corporate directors, Corporation reports, Company reports, Environmental law

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