Melbourne Law School - Research Publications

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    Developing a matrix to explore the relationship between partnering and total quality management in construction
    TANG, W ; Duffield, C ; YOUNG, D (Harbin Gongye Daxue/Harbin Institute of Technology, 2004-08-01)
    The findings of a theoretical analysis of an integrated approach for the use of Partnering and TQM are presented. A matrix approach is used to explore the extent to which Partnering may improve TQM implementation in construction. The matrix is based on 3 indexes, namely: the Degree of Partnering, the Degree of TQM and the Project Success Index and which enables the relationship between Partnering and TQM to be analyzed quantitatively. It also assists in understanding the trends of Partnering and TQM and their relationship to project performance. The results of a case study using this matrix are also presented. It is concluded that the integrated use of Partnering can facilitate improvements, and in the way TQM is implemented in construction.
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    Vale Marvin Mitchelson (1928-2004): divorce lawyer to the stars
    Park, M. M. ( 2004)
    This item is an unpublished obituary noting the death of renowned publicity-seeking Hollywood celebrity divorce lawyer Marvin Mitchelson
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    Etymythology. [Review of the book Port out, starboard home and other language myths]
    Park, M. M. ( 2004)
    The book reviewed chases down the provenance of words and tackles spurious word origins — “etymythology” as coined by a fellow practitioner Laurence Horn. These are the lexicographical equivalents of urban legends.
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    Compulsory maintenance of the Land Register: an exception to the fundamental principle of a conclusive register underpinning the Land Registration Act 2002
    Park, M. M. ( 2004)
    The experience of the then Australian colonies in introducing land title registration in the nineteenth century provides a vantage point to observe and provide commentary on the recently enacted Land Registration Act 2002.The author offers the observation that the legislative draftsperson has, perhaps inadvertently, included an exception to what the Law Commission described as ‘the fundamental principle’ of a land registration system, that of the conclusive register wherein interests not recorded in the register have no legal effect. Thus, pursuant to the adverse possession provisions of the Act, it is possible for a trespasser or squatter to acquire an unassailable title to registered land without that title being disclosed on the register. The conclusion, based on the Australian experience, is that the advantages of registered title land are insufficient to overcome the inertia of interest holders and mandatory participation in the registered title system is essential for the integrity of the register.
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    The heirs of Howe and Hummel
    Park, M. M. (Victorian Bar, 2004)
    Those believing the practice of law to be a gentleman’s profession should be prepared to be disabused of that misapprehension.
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    Spousal Maintenance in Australia
    Fehlberg, B (Oxford University Press (OUP), 2004-04-01)
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    Liability for negligent misstatements
    WITTING, CA (Oxford University Press, 2004)
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    Death and Taxes: Tax-Effective Estate Planning
    Stewart, M ; Flynn, M (Thomson Lawbook Co, 2004)
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    Indonesia: Devaluing Asian values, rewriting the rule of law
    LINDSEY, TC ; PEERENBOOM, R (Routledge, 2004)
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    'Love Never Dies': Romance and Christian symbolism in a Japanese rock video
    Stevens, CS ; Chun, A ; Rossiter, N ; Shoesmith, B (Routledge, 2004-04-22)