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Papers by David D. Knoll AM
Bar News: The Journal of the NSW Bar Association, 2002
Abstract: The importance of the timing of the mediation in the dispute resolution process is high... more Abstract: The importance of the timing of the mediation in the dispute resolution process is highlighted. Sourcing of additional information helps to reach a better settlement. ... To cite this article: Knoll, David. Discovery before or after Mediation? [online]. Bar News: The Journal ...
Quadrant, Oct 1, 2006
All faiths have their fundamentalists; people who decline to engage inclusively with modernity. A... more All faiths have their fundamentalists; people who decline to engage inclusively with modernity. And faiths, more than cultures, have the capacity to be insular. In assessing any faith or culture as contributing to conflict in our society, or indeed as Rabbi David Rosen said recently, as contributing to the solution to conflict in our society, we need to distinguish between people of faith and fundamentalists. People of faith are prepared to live with ambiguity and uncertainty, and therefore are willing to respect human difference while being strengthened in their particular faith. By contrast, fundamentalists admit of no uncertainty or ambiguity. For them their religion provides absolute answers and removes uncertainties, and disconnects troubling questions from their lives. For a fundamentalist there is no room for any 'other' answer for life's most difficult questions.
Bar News: The Journal of the NSW Bar Association, 2000
Informit is an online service offering a wide range of database and full content publication prod... more Informit is an online service offering a wide range of database and full content publication products that deliver the vast majority of Australasian scholarly research to the education, research and business sectors. Informit is the brand that encompasses RMIT Publishing's online products ...
Bar News: The Journal of the NSW Bar …, 2000
Informit is an online service offering a wide range of database and full content publication prod... more Informit is an online service offering a wide range of database and full content publication products that deliver the vast majority of Australasian scholarly research to the education, research and business sectors. Informit is the brand that encompasses RMIT Publishing's online products ...
Journal of Property, Planning and Environmental Law
Purpose This study aims to investigate Australian civil tribunal decisions to ascertain complianc... more Purpose This study aims to investigate Australian civil tribunal decisions to ascertain compliance with decisional quality standards in Australian law, with a particular focus on strata and community title cases. Design/methodology/approach An orthodox doctrinal legal analysis and assessment of cases and tribunal policies was adopted. All Australian jurisdictions were surveyed, including federal, state and territory jurisdictions. The case law in each jurisdiction was screened to identify whether the principles applicable to decisional quality were engaged and then analysed as to the extent of that engagement. Findings Where a party presents a substantial, clearly particularised argument relying upon established facts, tribunals are obliged to address those facts and the arguments by way of an active intellectual process. However, appellate decisions disclose a degree of deference not often accorded to judicial officers, and there is a need for a more disciplined approach to ascerta...
Journal of Catholic Social Thought, 2017
Under Jewish religious law, on the sabbath one does no work. The prohibition on work extends to m... more Under Jewish religious law, on the sabbath one does no work. The prohibition on work extends to moving or carrying objects across a public space. To meet the needs of the observant, the rabbis developed the idea of the Eruv; a “fence” inside which Jews can carry on certain activities during Shabbat. That “fence” often can be a simple, continuous wire which marks out an area. But the wire often traverses (and is held up by) poles on public property, and consequently, the Eruv triggers important policy questions, such as (i) should public property be used to enable a minority faith community to observe their beliefs? and (ii) how are religious and secular citizens to live side-by-side in a way enabling each to pursue and enjoy their respective rights? This article reviews the way in which these issues are addressed for Eruvs in the common-law world, giving examples from England, the United States, Canada and Australia. Too often, regulatory barriers are imposed selectively to hinder J...
Maryland Journal of International Law, 1986
Investigation. Once a Section 232 investigation is requested in writing, Commerce must “immediate... more Investigation. Once a Section 232 investigation is requested in writing, Commerce must “immediately initiate an appropriate investigation to determine the effects on the national security” of the subject imports. After consulting with the Secretary of Defense, other “appropriate officers of the United States,” and the public, if appropriate, Commerce has 270 days from the initiation date to prepare a report advising the President whether the targeted product is being imported “in certain quantities or under such circumstances” to impair U.S. national security, and to provide recommendations for action or inaction based on the findings.
American Journal of International Law, 1986
Federal Law Review, 1985
, the Government of the Commonwealth of Australia formally recognised the European Communities (E... more , the Government of the Commonwealth of Australia formally recognised the European Communities (EC) as a subject of public international law and granted accreditation to the Communities' permanent delegation in Canberra. 1 The delegation had been in place since April 1981. Australian representation in Brussels began in 1960 with a view to maintaining its Commonwealth tariff preference in the United Kingdom upon occasion that the British should decide to join the Common Market. Largely due to concern for the Commonwealth arrangements, the United Kingdom did not join the Common Market until 1973. At this point, the more developed Commonwealth nations were placed behind the Member States of the EC in the line of suppliers of the United Kingdom's import needs. Recognising the mutual desire to minimise the disturbance in an established trade channel, the then Vice-President for External Affairs of the EC Commission, Sir Christopher Soames, visited Canberra and arranged for regular high level consultations to be undertaken to ensure the smooth adaptation and continuation of Australia-EC trade. 2 Since 1976 such consultations have been regular and in 1980 were upgraded to the ministerial level. 3 The talks have extended beyond trade to matters conventionally considered to be, at most, auxiliary to trade relations. In particular, a mutual interest in advancing the North-South dialogue has been pursued. In spite of relatively open channels of communication, the volume of trade between Australia and the EC has steadily declined since 1973. Between 1970 and 1975 Australia's exports to the EC declined from a 20070 import market share to 15070. A serious decline in agricultural exports has been partially redressed by EC purchases from the vibrant Australian mining industries. The EC share of Australian imports has fallen from 35070 to 21070 as Japan, South Korea and Southeast Asian nations have become major suppliers to Australia. EC exports to Australia continue to focus upon machinery, chemicals and transport equipment. 4 EC investors contribute over a third of Australia's capital inflows. In spite of the decline, the trade and investment flows remain significant for both the EC and Australia. 5 * B Com LLB (Uni of NSW). Solicitor, Attorney and Proctor of the Supreme Court of NSW.
A recent case has relaxed the requirements for accepting instructions from strata owners' cor... more A recent case has relaxed the requirements for accepting instructions from strata owners' corporations.
Dick. J. Int'l L., 1985
II I.L.M. 1358 (1972) (without arts. 34-38) [hereinafter cited as Natural Heritage Convention]. 5... more II I.L.M. 1358 (1972) (without arts. 34-38) [hereinafter cited as Natural Heritage Convention]. 5. Commonwealth of Australia Constitution Act, 1900, 63 & 64 Vict., ch. 12 [hereinafter cited as Constitution]. 6. Id. at § 8. 7. Id. at ch. I. 8. Id. at ch. II. 9. Id. at ch. Ill.
Syracuse J. Int'l L. & Com., 1984
India charging that the so-called McMahon line wa an illegally drawn border.
Int'l L., 1987
Page 1. Karl G. Herold* David D. Knoll** ARTICLES Negotiating and Drafting International Distribu... more Page 1. Karl G. Herold* David D. Knoll** ARTICLES Negotiating and Drafting International Distribution, Agency, and Representative Agreements: The United States Exporter's Perspectivef I. Introduction 1. Developing a United ...
Bar News: The Journal of the NSW Bar Association, 2002
Abstract: The importance of the timing of the mediation in the dispute resolution process is high... more Abstract: The importance of the timing of the mediation in the dispute resolution process is highlighted. Sourcing of additional information helps to reach a better settlement. ... To cite this article: Knoll, David. Discovery before or after Mediation? [online]. Bar News: The Journal ...
Quadrant, Oct 1, 2006
All faiths have their fundamentalists; people who decline to engage inclusively with modernity. A... more All faiths have their fundamentalists; people who decline to engage inclusively with modernity. And faiths, more than cultures, have the capacity to be insular. In assessing any faith or culture as contributing to conflict in our society, or indeed as Rabbi David Rosen said recently, as contributing to the solution to conflict in our society, we need to distinguish between people of faith and fundamentalists. People of faith are prepared to live with ambiguity and uncertainty, and therefore are willing to respect human difference while being strengthened in their particular faith. By contrast, fundamentalists admit of no uncertainty or ambiguity. For them their religion provides absolute answers and removes uncertainties, and disconnects troubling questions from their lives. For a fundamentalist there is no room for any 'other' answer for life's most difficult questions.
Bar News: The Journal of the NSW Bar Association, 2000
Informit is an online service offering a wide range of database and full content publication prod... more Informit is an online service offering a wide range of database and full content publication products that deliver the vast majority of Australasian scholarly research to the education, research and business sectors. Informit is the brand that encompasses RMIT Publishing's online products ...
Bar News: The Journal of the NSW Bar …, 2000
Informit is an online service offering a wide range of database and full content publication prod... more Informit is an online service offering a wide range of database and full content publication products that deliver the vast majority of Australasian scholarly research to the education, research and business sectors. Informit is the brand that encompasses RMIT Publishing's online products ...
Journal of Property, Planning and Environmental Law
Purpose This study aims to investigate Australian civil tribunal decisions to ascertain complianc... more Purpose This study aims to investigate Australian civil tribunal decisions to ascertain compliance with decisional quality standards in Australian law, with a particular focus on strata and community title cases. Design/methodology/approach An orthodox doctrinal legal analysis and assessment of cases and tribunal policies was adopted. All Australian jurisdictions were surveyed, including federal, state and territory jurisdictions. The case law in each jurisdiction was screened to identify whether the principles applicable to decisional quality were engaged and then analysed as to the extent of that engagement. Findings Where a party presents a substantial, clearly particularised argument relying upon established facts, tribunals are obliged to address those facts and the arguments by way of an active intellectual process. However, appellate decisions disclose a degree of deference not often accorded to judicial officers, and there is a need for a more disciplined approach to ascerta...
Journal of Catholic Social Thought, 2017
Under Jewish religious law, on the sabbath one does no work. The prohibition on work extends to m... more Under Jewish religious law, on the sabbath one does no work. The prohibition on work extends to moving or carrying objects across a public space. To meet the needs of the observant, the rabbis developed the idea of the Eruv; a “fence” inside which Jews can carry on certain activities during Shabbat. That “fence” often can be a simple, continuous wire which marks out an area. But the wire often traverses (and is held up by) poles on public property, and consequently, the Eruv triggers important policy questions, such as (i) should public property be used to enable a minority faith community to observe their beliefs? and (ii) how are religious and secular citizens to live side-by-side in a way enabling each to pursue and enjoy their respective rights? This article reviews the way in which these issues are addressed for Eruvs in the common-law world, giving examples from England, the United States, Canada and Australia. Too often, regulatory barriers are imposed selectively to hinder J...
Maryland Journal of International Law, 1986
Investigation. Once a Section 232 investigation is requested in writing, Commerce must “immediate... more Investigation. Once a Section 232 investigation is requested in writing, Commerce must “immediately initiate an appropriate investigation to determine the effects on the national security” of the subject imports. After consulting with the Secretary of Defense, other “appropriate officers of the United States,” and the public, if appropriate, Commerce has 270 days from the initiation date to prepare a report advising the President whether the targeted product is being imported “in certain quantities or under such circumstances” to impair U.S. national security, and to provide recommendations for action or inaction based on the findings.
American Journal of International Law, 1986
Federal Law Review, 1985
, the Government of the Commonwealth of Australia formally recognised the European Communities (E... more , the Government of the Commonwealth of Australia formally recognised the European Communities (EC) as a subject of public international law and granted accreditation to the Communities' permanent delegation in Canberra. 1 The delegation had been in place since April 1981. Australian representation in Brussels began in 1960 with a view to maintaining its Commonwealth tariff preference in the United Kingdom upon occasion that the British should decide to join the Common Market. Largely due to concern for the Commonwealth arrangements, the United Kingdom did not join the Common Market until 1973. At this point, the more developed Commonwealth nations were placed behind the Member States of the EC in the line of suppliers of the United Kingdom's import needs. Recognising the mutual desire to minimise the disturbance in an established trade channel, the then Vice-President for External Affairs of the EC Commission, Sir Christopher Soames, visited Canberra and arranged for regular high level consultations to be undertaken to ensure the smooth adaptation and continuation of Australia-EC trade. 2 Since 1976 such consultations have been regular and in 1980 were upgraded to the ministerial level. 3 The talks have extended beyond trade to matters conventionally considered to be, at most, auxiliary to trade relations. In particular, a mutual interest in advancing the North-South dialogue has been pursued. In spite of relatively open channels of communication, the volume of trade between Australia and the EC has steadily declined since 1973. Between 1970 and 1975 Australia's exports to the EC declined from a 20070 import market share to 15070. A serious decline in agricultural exports has been partially redressed by EC purchases from the vibrant Australian mining industries. The EC share of Australian imports has fallen from 35070 to 21070 as Japan, South Korea and Southeast Asian nations have become major suppliers to Australia. EC exports to Australia continue to focus upon machinery, chemicals and transport equipment. 4 EC investors contribute over a third of Australia's capital inflows. In spite of the decline, the trade and investment flows remain significant for both the EC and Australia. 5 * B Com LLB (Uni of NSW). Solicitor, Attorney and Proctor of the Supreme Court of NSW.
A recent case has relaxed the requirements for accepting instructions from strata owners' cor... more A recent case has relaxed the requirements for accepting instructions from strata owners' corporations.
Dick. J. Int'l L., 1985
II I.L.M. 1358 (1972) (without arts. 34-38) [hereinafter cited as Natural Heritage Convention]. 5... more II I.L.M. 1358 (1972) (without arts. 34-38) [hereinafter cited as Natural Heritage Convention]. 5. Commonwealth of Australia Constitution Act, 1900, 63 & 64 Vict., ch. 12 [hereinafter cited as Constitution]. 6. Id. at § 8. 7. Id. at ch. I. 8. Id. at ch. II. 9. Id. at ch. Ill.
Syracuse J. Int'l L. & Com., 1984
India charging that the so-called McMahon line wa an illegally drawn border.
Int'l L., 1987
Page 1. Karl G. Herold* David D. Knoll** ARTICLES Negotiating and Drafting International Distribu... more Page 1. Karl G. Herold* David D. Knoll** ARTICLES Negotiating and Drafting International Distribution, Agency, and Representative Agreements: The United States Exporter's Perspectivef I. Introduction 1. Developing a United ...