Professor of Law at the University of Western Australia Phone: 0414 725 622 Address: Law School The University of Western Australia (M253) 35 Stirling Highway CRAWLEY WA 6009 Australia
Decision-makers must make unbiased decisions. Accordingly where there is a perception of bias a d... more Decision-makers must make unbiased decisions. Accordingly where there is a perception of bias a decision-maker should be disqualified and the decision should be made by another person.
This book examines the disqualification principle and the test that courts apply in different contexts. The application of the principle is examined in the context of judges, jurors, administrative decision-makers, inquiries, local government, sporting clubs, political decisions, international tribunals and military tribunals.
Disqualification for Bias also examines the remedies available where a person alleges that a decision-maker should be disqualified. Many practical issues are also examined including procedural issues.
A detailed examination of relevant case law and statutes from a number of jurisdictions including Australia, New Zealand, the United Kingdom and Canada is also included.
The power of judges to amend final judgments and orders based on the inherent power of the courts... more The power of judges to amend final judgments and orders based on the inherent power of the courts and what is known as the slip rule is well established. What is uncertain is the limits of the jurisdiction to amend final judgments and orders. The scope of the slip rule in particular has expanded significantly in Australia in recent decades resulting in more cases in this area including a number of cases before the High Court of Australia. The book examines the inherent power to amend judgments and orders and the history of the slip rule. The issue of the coexistence of the power to amend judgments and orders and statutory deadlines is examined in detail as this issue remains the most controversial. There are a number of discretionary factors that courts consider when determining whether or not to amend final judgments and orders and these are examined together with a number of practical issues that arise in relation to amending judgments and orders.
Preliminary discovery can be used, prior to the commencement of litigation, to obtain information... more Preliminary discovery can be used, prior to the commencement of litigation, to obtain information that might be required so that a potential plaintiff can commence proceedings against a potential, and perhaps unknown, defendant. In Roads and Traffic Authority of NSW v Care Park Pty Ltd, the New South Wales Court of Appeal considered the issue of preliminary discovery of documents, and other information, under the Uniform Civil Procedure Rules 2005 (NSW) (the UCPR).
Pursuant to the theft principle a thief holds their common law property rights to a stolen item o... more Pursuant to the theft principle a thief holds their common law property rights to a stolen item on trust for the benefit of the victim of the theft. The principle is well established in Australian law and extends beyond theft of tangible items to benefits obtained through fraud. A fraudster might obtain intangible property from their fraud such as money in a bank account. The theft principle has the advantage of reducing the rights of a thief and providing additional rights to the victim. It can thus be defended on policy grounds. However, the theft principle has recently being challenged on the basis that it does not stand up to the scrutiny of a title-based analysis. The author rejects that challenge to the theft principle and explains why the theft principle is consistent with established property principles.
Equitable ownership arises in some, but not all, circumstances when legal title is held on trust.... more Equitable ownership arises in some, but not all, circumstances when legal title is held on trust. Prior to the procedural fusion of the law and equity in the late nineteenth century, equitable ownership arose only from the creation of express trusts and in limited circumstances where a constructive or resulting trust was recognised. The use of equitable ownership was not widespread. Being unknown to the common law, equitable ownership was not a concept that was utilised as part of the remedial response to common law torts like conversion or as a response to a payment made by mistake. The author examines the development of equitable ownership since the late nineteenth century and argues that the introduction of the Judicature Act opened the way for equitable ownership to be used as a response to common law wrongdoing. In addition, contracting parties began to see the flexibility inherent in having two levels of ownership and as a result equitable ownership has become widespread. This...
Decision-makers must make unbiased decisions. Accordingly where there is a perception of bias a d... more Decision-makers must make unbiased decisions. Accordingly where there is a perception of bias a decision-maker should be disqualified and the decision should be made by another person.
This book examines the disqualification principle and the test that courts apply in different contexts. The application of the principle is examined in the context of judges, jurors, administrative decision-makers, inquiries, local government, sporting clubs, political decisions, international tribunals and military tribunals.
Disqualification for Bias also examines the remedies available where a person alleges that a decision-maker should be disqualified. Many practical issues are also examined including procedural issues.
A detailed examination of relevant case law and statutes from a number of jurisdictions including Australia, New Zealand, the United Kingdom and Canada is also included.
The power of judges to amend final judgments and orders based on the inherent power of the courts... more The power of judges to amend final judgments and orders based on the inherent power of the courts and what is known as the slip rule is well established. What is uncertain is the limits of the jurisdiction to amend final judgments and orders. The scope of the slip rule in particular has expanded significantly in Australia in recent decades resulting in more cases in this area including a number of cases before the High Court of Australia. The book examines the inherent power to amend judgments and orders and the history of the slip rule. The issue of the coexistence of the power to amend judgments and orders and statutory deadlines is examined in detail as this issue remains the most controversial. There are a number of discretionary factors that courts consider when determining whether or not to amend final judgments and orders and these are examined together with a number of practical issues that arise in relation to amending judgments and orders.
Preliminary discovery can be used, prior to the commencement of litigation, to obtain information... more Preliminary discovery can be used, prior to the commencement of litigation, to obtain information that might be required so that a potential plaintiff can commence proceedings against a potential, and perhaps unknown, defendant. In Roads and Traffic Authority of NSW v Care Park Pty Ltd, the New South Wales Court of Appeal considered the issue of preliminary discovery of documents, and other information, under the Uniform Civil Procedure Rules 2005 (NSW) (the UCPR).
Pursuant to the theft principle a thief holds their common law property rights to a stolen item o... more Pursuant to the theft principle a thief holds their common law property rights to a stolen item on trust for the benefit of the victim of the theft. The principle is well established in Australian law and extends beyond theft of tangible items to benefits obtained through fraud. A fraudster might obtain intangible property from their fraud such as money in a bank account. The theft principle has the advantage of reducing the rights of a thief and providing additional rights to the victim. It can thus be defended on policy grounds. However, the theft principle has recently being challenged on the basis that it does not stand up to the scrutiny of a title-based analysis. The author rejects that challenge to the theft principle and explains why the theft principle is consistent with established property principles.
Equitable ownership arises in some, but not all, circumstances when legal title is held on trust.... more Equitable ownership arises in some, but not all, circumstances when legal title is held on trust. Prior to the procedural fusion of the law and equity in the late nineteenth century, equitable ownership arose only from the creation of express trusts and in limited circumstances where a constructive or resulting trust was recognised. The use of equitable ownership was not widespread. Being unknown to the common law, equitable ownership was not a concept that was utilised as part of the remedial response to common law torts like conversion or as a response to a payment made by mistake. The author examines the development of equitable ownership since the late nineteenth century and argues that the introduction of the Judicature Act opened the way for equitable ownership to be used as a response to common law wrongdoing. In addition, contracting parties began to see the flexibility inherent in having two levels of ownership and as a result equitable ownership has become widespread. This...
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Books by John Tarrant
This book examines the disqualification principle and the test that courts apply in different contexts. The application of the principle is examined in the context of judges, jurors, administrative decision-makers, inquiries, local government, sporting clubs, political decisions, international tribunals and military tribunals.
Disqualification for Bias also examines the remedies available where a person alleges that a decision-maker should be disqualified. Many practical issues are also examined including procedural issues.
A detailed examination of relevant case law and statutes from a number of jurisdictions including Australia, New Zealand, the United Kingdom and Canada is also included.
Papers by John Tarrant
This book examines the disqualification principle and the test that courts apply in different contexts. The application of the principle is examined in the context of judges, jurors, administrative decision-makers, inquiries, local government, sporting clubs, political decisions, international tribunals and military tribunals.
Disqualification for Bias also examines the remedies available where a person alleges that a decision-maker should be disqualified. Many practical issues are also examined including procedural issues.
A detailed examination of relevant case law and statutes from a number of jurisdictions including Australia, New Zealand, the United Kingdom and Canada is also included.