Contents

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CLWR 37 (2008) 1

Proving Negligence
Bernard Robertson

This article comments on the chapter ‘Proof and uncertainty’ in Allan Beever’s Rediscovering the law of negligence from the standpoint of an evidence scholar interested in ‘The New Evidence Scholarship’. The article discusses the nature of uncertainty and probability and their application in contested negligence cases. While the author agrees with Beever’s main thrust, this article provides a gloss on Beever’s writing, ironing out some ambiguities, expanding some points and correcting some errors.

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CLWR 37 (2008) 9

An Analysis of the Auditors’ Liability to Third Parties in Australia
Vylan Nguyen and Pelma Rajapakse

The purpose of this research paper is to provide a comprehensive analysis of the scope of auditors’ liability to third parties in Australia. In addition to examining the current legal position in Australia, the law on auditors’ liability in other jurisdictions, including the United Kingdom, United States, Canada and New Zealand, will be examined and compared to the extent of their influence on Australian laws. It is argued that auditors in Australia are subject to a greater scope of liability than in other countries. As a result, there is a need for reform of audit laws in Australia to limit the extent of auditors’ liability. Further, it is submitted that the development of future auditing laws in Australia should allow for the appropriate consideration of international trends in limiting liability. It is also anticipated that the proposed reforms will adequately safeguard auditors from the threat of litigation by third parties, and ultimately ensure that the floodgates for liability in Australia are not opened to an indeterminate level.

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CLWR 37 (2008) 45

Of Spies, a Ship and a Videotape—Stop, Pause, Play, Rewind, Play: Inspection and Use of the Videotape of the Rainbow Warrior Court Proceedings
Rosemary Tobin

In New Zealand access to court files in criminal proceedings is at the discretion of a judge or registrar. This article traces the way the rationale for the discretion changed over the last 20 years as the two French agents involved in the Rainbow Warrior bombing sought to prevent access to the court file containing the videotape showing their guilty pleas to a charge of manslaughter. Open justice and freedom of expression do not directly govern the exercise of the discretion but they are an essential part of the balancing process now undertaken by the courts when requests are made to access court files.

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CLWR 37 (2008) 63

Modernising Government in the Channel Islands: New Political Executives in British Crown Dependencies
Philip Morris

This article examines recent reforms of internal government arrangements in the Channel Islands jurisdictions of Jersey and Guernsey. These reforms represent the most far-reaching changes in insular government for over half a century in response to concerns over slow and poor-quality decision-making, conflicts of interest, absence of effective accountability mechanisms and external critique of aspects of the Islands’ offshore finance sectors, upon which their economies are heavily dependent. The article is structured into three sections. Section I outlines the constitutional position of both jurisdictions, the pressures for reform and the political economy of British offshore finance centres. Section II critically evaluates key features of the new systems and their performances to date. The final part, Section III, highlights key themes including the necessity for external pressure as a trigger for reform, selective/diluted implementation of reform packages and the problem of genuine accountability in small jurisdictions.

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Links to other issues

Volume 30 (2001) :   1   2   3   4

Volume 31 (2002) :   1   2   3   4

Volume 32 (2003) :   1   2   3   4

Volume 33 (2004) :   1   2   3   4

Volume 34 (2005) :   1   2   3   4

Volume 35 (2006) :   1   2   3   4

Volume 36 (2007) :   1   2   3   4

Volume 37 (2008) :   1

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