Accessibility Skip to Global Navigation Skip to Local Navigation Skip to Content Skip to Search Skip to Site Map

Articles for the keyword(s) "Substance of the tort"

"Asbestos, Australia and ACC"

Elsabe Schoeman and Rosemary Tobin, 2005

This contribution examines the implications of the New Zealand Accident Compensation Scheme for asbestos-related trans-Tasman disputes. The authors focus on the significance of establishing the place of the tort in these cases of negligent omission (failure to warn) in order to determine the lex loci delicti commissi. Jurisdictional issues, such as forum non conveniens, are also considered briefly.

^ Top of page

"Horse and Buggy on the Electronic Highway: Transnational Internet Defamation in the High Court of Australia"

Paul Myburgh and Rosemary Tobin, 2003

This article presents a critical analysis of the decision in Dow Jones & Co Inc v Gutnick (2002) 194 ALR 433, [2002] HCA 56. The authors focus on the implications of the common law multiple publication rule and problems in locating the place of the tort for purposes of jurisdiction and choice of law in transnational internet defamation. Disappointment is expressed at the unwillingness of the majority to engage with and reformulate traditional defamation law principles in recognition of the revolutionary nature of internet communications.