Melbourne Law School - Theses
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ItemAustralian interstate rivers : legal rights and administration( 1971)This thesis analyses the legal and administrative problems which arise in regulating Australian rivers that flaw along or across State boundaries. It commences by describing some practical difficulties that have occurred in recent years. It then ascertains the legal rights of the Commonwealth, the various States and private individuals to the use, flow or control of interstate rivers. In the light of the existing law, it points to weaknesses in the present administrative arrangements for reconciling. inter-government conflicts in water resources management and suggests an entirely new system that might be implemented.
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ItemThe law of theft in Victoria( 1967)My theme in this thesis is the contention that the substantive law of theft in Victoria is in an unsatisfactory condition and urgently in need of fundamental and comprehensive reform; and that this is so principally for the following two reasons. Firstly, concepts and rules framed in the early English common law for a relatively primitive society and inadequate for the complex framework and activities of the modern occupationally diversified economy still form the basis of much of the present law of theft. Rigid and circumscribed or artificial and fictional uses, in the law of larceny, of the concept of possession,-when reference should be to modern concepts of ownership of property interests-and of the requirement of trespass, -when reference should be to modern concepts of misappropriation- are examples of this. A legal theory framed only for tangibles has proved incapable of facile and useful adaptation to intangibles. Secondly, the history of the law of theft has been marked by piecemeal, ad hoc improvisation, whether by judiciary or legislature, in the successive creation of new offences, or attempted gap-filling in or between old offences, as each new exigency of theory arose. This has led to a confusing multiplicity of authoritatively distinct, though sometimes overlapping, offences-all within the general sphere of theft. It resembles the planting of fruit trees too close together, as in a thicket where none thrived, though one healthy tree, if planted alone, would have done. In such an atmosphere the law has often lost touch with the realities of everyday life. In certain important respects the position is substantially the same in Victoria today. In the pages which follow I shall endeavour to substantiate my contention by a critical examination of the law and its history, with particular reference to certain fundamental problems, and shall finally discuss, in the light of that examination, the sort of reform which seems to be indicated.
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ItemConsumer redress mechanisms : a comparative study of procedural approaches to consumer grievances( 1977)This study examines, on a comparative basis, the procedural avenues open to a consumer who desires to redress a particular wrong of a small monetary nature relating to the purchase or acquisition of a particular commodity or service. The major premise of this work is that the existing orthodox methods of redressing civil claims, of small value, are totally insufficient and unsuitable for processing and adjudicating upon such claims. The function and effectiveness of public agencies, in pursuing individual claims, is examined. Both state and federal agencies' powers are considered. The study then turns to examining the aims and role of small claims fora in both the United States and Australia. The dichotomy of court and tribunal structures is of particular importance; the study examines all major aspects of the fora and relies upon empirical surveys conducted in the United States and Australia. Next the class- action device is examined in the Anglo-Australian context (drawing particular comparison with both the New York- and Canadian experiences). Study, in some detail, is then made of the U.S. Federal Rule 23 since its inception in 1966. Finally, in a brief fashion, this study examines a number,of other initiatives (including Legal Aid) aimed at.:resolving or assisting consumer grievances. A number of conclusions, in relation to each of the above specific areas, are drawn. It is also possible to draw several conclusions of a general nature relating to both consumer and legal matters.
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ItemDrainage of surface waters : common law rights and Victorian legislation( 1976)This thesis considers the different rules applied by the courts in common law jurisdictions to the problem of disposing of unwanted surface waters and also examines the Victorian Drainage of Land Bill 1975 and earlier legislation. It commences with a study of English decisions and then examines, in detail, the three rules generally applied, describes their weaknesses and advantages and compares them with the rules applied to other categories of water. In the course of this examination the legal rights of private individuals pertaining to the use, control and. disposal of surface waters in respect of each rule is ascertained. This study points out weaknesses in the three rules and suggests modifications to them and to the rule applied in Victoria. In the final chapter, a comparison is made between the present law and the Drainage of Land Bill 1975 and the effect this Bill is likely to have. It also suggests amendments to the Bill as presented to the Victorian Parliament.
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ItemGold : money or commodity?( 1993)
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ItemThe regulation of government enterprises in Victoria : balancing efficiency and accountability( 1990)In a Westminster system such as that in Victoria, the regulation of government enterprises must strike a balance between the demands of government enterprises for autonomy, so as to maximise efficiency, and the public's demands for full accountability for the expenditure of public funds. Since 1982, in response to these demands, the Cain Government has followed a policy of "commercialising" the operations of major public enterprises, while simultaneously attempting to increase their accountability to the Government, Parliament and the public. While the initiatives flowing from this "dual purpose" policy have already achieved a measure of success in enhancing both the efficiency and accountability of government enterprises in Victoria, significant gaps remain, particularly in the area of accountability. Although it is to be hoped that the Cain Government will move to remedy this imbalance, the omissions in the policy should not be seen as overshadowing the Government's major achievements in the field of government enterprise regulation.
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ItemWomen workers and the processes of the conciliation and arbitration system( 1984)The thesis studies the relationship between women workers and the Conciliation and Arbitration System. Its aim is twofold: to explain why particular policies were adopted by the Court/Commission and to assess the extent to which those policies disadvantaged women workers. Previous research has explained women's disadvantaged position by emphasising the role of judicial prejudice and sexist ideologies. The thesis rejects such simple explanations and tries to show that particular policies resulted from the interraction between the Conciliation and Arbitration System and its economic, political and ideological environment. The thesis emphasises the complexity of the processes which determined the law and, in particular, it stresses the role of economic and political forces in shaping legal policy. It also demonstrates that the issue of whether women were in fact disadvantaged by any particular policy can only be resolved through an examination of both the policy and its effects. The first five chapters examine Court/Commission policy on wages, skill, classifications, the sex-typing of work, redundancy protection and maternity leave. The final chapter considers the implications of the arguments adopted in the thesis for other studies of women and the law.