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Defense against defamation can wield significant power when the case satisfies various legal prerequisites. In this article, allow me to unveil the truth behind the defamatory allegations concerning Virgil Abloh. “Belgian Designer Accuses Virgil Abloh of Copying. Again.” https://www.nytimes.com/2020/08/13/fashion/virgil-abloh-walter-van-beirendonck-kanye-west-louis-vuitton.html (This paper is only for educational purposes. This is just a case study for discussion. ) Introduct

(This is a fictional negligence case) ’’Porter v The West Bloke Hotel’’ Advice to Elliot 1, Duty of Care Analysis The occupier of premises must exercise the standard of care accordingly. [1] Therefore, the West Bloke Hotel, which has full control over the premises, must ensure the safety of the entrants. Elliot is not an invitee of the hotel. Although the Hotel does not allow children in the gambling areas, Elliot is still on the hotel’s property in the car park, which does

– Introduction UNCLOS ( the United Nations Convention on the Law of the Sea ) is the “Bible” for the Law of the Sea. The increasing threat to our marine environment caused by harmful human activities has prompted a focus on legal interpretation. This essay examines how the Tribunal creatively interpreted certain articles in Part XII of the UNCLOS. The essay first identifies three man-made problems affecting the marine environment in the South China Sea. It then asserts that j

Reflecting Australia’s Immigration Detention Issue in relation to Article 9 of the ICCPR Introduction This essay aims to examine the pro and cons of implementing a World Court of Human Rights (WCHR) mechanism within the current global human rights system dominated by the United Nations. It argues that the WCHR represents a new utopia in the legal field. Furthermore, the essay illustrates Australia’s immigration detention issue from both national and international legal perspe

Court rulings on Bahr v Nicolay make it a unique case law. Bahr v. Nicolay (No.2) (1988) 164 CLR 604 Case Analysis I   CASE BRIEF – Background Bahr v Nicolay was a case that the appellate jurisdiction of the High Court of Australia heard. The appellant, the Bahrs (‘Bahrs’), sued the first respondent, Nicolay (‘Nicolay’). Thompsons (‘Thompsons’) was the second respondent. This is a complicated case that explores the conflict between legal interest and equitable interest, etc.

Once upon a time, there were two courts on this planet: the court of law and the court of equity. As the years went by, the line between the two blurred. For good or evil, the court of equity which embraces flexible discretion, gradually evolved into the court of law (here we mean common law), which respects precedent and certainty. [1] Imagine your state parliament (perhaps a little authoritarian) has just introduced a new law,  the   Fasting Act  2023. It stipulates that ev

(Image source:  Frédéric Bastiat — Wikipedia  ) If I were to recommend a great old book about legal topic, it must be  “The Law”, written by  Frédéric Bastiat . First published in 1850, this book spans only 55 pages. This little gem is a classic treatise on the nature of law, and its role in society. C.S. Lewis suggested that we should focus on reading old books. He stated, “… but if he must read only the new or only the old, I would advise him to read the old. And I would gi

Introduction The  status quo  of bringing legal action for sexual abuse against institutions may not be optimistic for the victims. This essay examines the legal difficulties surrounding vicarious liability in institutional abuse claims by analysing relevant case laws and discussing important legal principles. Additionally, it reflects on the recent law reform in New South Wales regarding the ‘Ellis Defence’ and the significance of the new bill in helping victims protect thei

(Criminal Case Simulations through legal role-playing is is my volunteering task to assist with 2022 South Australia Bar Readers’ Course. To know more about SA Bar Readers’ Course, you are welcome to check out their website:  Link ) Day 1: 3 Dec 2022 / Elliott Johnston Chambers (Image source:  Elliott Johnston Chambers , Copyright of this image belongs to Elliott Johnston Chambers) Attending the briefing session hosted by Grant Algie QC at Elliott Johnston Chambers this morni

[Legislation:  Criminal Law Consolidation Act  1935 (South Australia)] INTRODUCTION A criminal offence typically consists of two components: physical elements and fault elements. However, s 20A of the  Criminal Law Consolidation Act 1935  (SA) (‘CLCA’) regarding ‘’choking, suffocation or strangulation” (‘’CSS’’), particularly par. (1) of s 20A, appears to be completely silent on the fault elements, such as intention, recklessness, knowledge, or negligence. This omission might

California Proposition 47 For Shoplifting Source: Penal Code (Criminal Law) 459.5 PC — California Shoplifting Laws – Proposition 47: The Safe Neighborhoods and Schools Act https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=459.5.# 459.5.  (a) Notwithstanding Section 459, shoplifting is defined as entering a commercial establishment with intent to commit larceny while that establishment is open during regular business hours, where the va

( This is a fictional case study ) Learn how to protect your rights with legal insights and navigate the complexities of COVID-19 regulations under the South Australia Public Health Act (SA PHA) 2011 amidst the pandemic, leveraging statutory presumptions and human rights concerns to protect your personal freedom. Role Play You have been instructed by the Commissioner of Police for South Australia to provide a legal opinion regarding the following story in South Australia. You

This is an Australian case study about   the right of self-determination AB v Western Australia AH v Western Australia [2011] HCA 42 6 October 2011 P15/2011 & P16/2011 Background Facts Two females, AB and AH, desired to appear as males. After bilateral mastectomies, they applied for a new certificate from the West Australian Gender Reassignment Board identifying them as males. However, the Board and Tribunal refused to recognize them as males due to the lack of required ‘gend

Introduction Does confidentiality protect your privacy? The public’s growing concern about privacy in modern society has sparked academic debates for centuries. This essay begins by reviewing the elements of the equitable doctrine of confidentiality and the origins of the legal concepts of both confidentiality and privacy. First, the essay examines the scope of the equitable doctrine of confidentiality through case studies. Next, it discusses why we may not apply the equitabl

Executive Summary Unconscionable conduct is the focused point of ss 12CA and 12CB of the  Australian Securities and Investment Commission Act  2001 (Cth). Australian Law Reform Commission (ALRC) Background Paper FSL9 ( link ) argues that the proliferation and overlapping of existing legislations, specifically ss 12CA and 12CunB of this Act, create ‘’unnecessary complexity in the law’’.  [1]  Therefore, repealing s 12 CA of the  ASIC Act  and s 991A of the  Corporations Act  2

The potentially dangerous effect of video games on causing violent behavior, particularly among children, has long been the focal point of many popular media. This article outlines that violence evolves through human history, and it is rooted in our male-dominated society. By comparing with the horror film, the essay also discusses the motivation of playing violent video games in modern society. Then it argues that it may be fallacious to build the causal relationship between

Renewing ourselves involves morning learning from the news like “Rehabilitation through Law School”. As a law student, I’m intrigued by this groundbreaking “Federal Sentence Includes Law School’’ (link below) for a cocaine trafficking case — Ms. Madill was accused of trafficking cocaine in 2018. I have several questions after reading this unique sentence. What is the purpose of the sentence? A probably inappropriate question: would law school become an alternative way to repl