Vicki Waye - Academia.edu (original) (raw)

Papers by Vicki Waye

ADR Bulletin, 2002

Although both arbitration and mediation are forms of alternative dispute resolution (ADR) in the ... more Although both arbitration and mediation are forms of alternative dispute resolution (ADR) in the sense that they are alternative processes to trial, the two dispute management processes are usually not dealt with together in the literature or in training. There are obvious ...

Journal of property, planning and environmental law, Dec 24, 2023

Asian Journal of Comparative Law, 2011

After a period of decline, judicial mediation has been recently revived in China. The revival has... more After a period of decline, judicial mediation has been recently revived in China. The revival has occurred as a result of a combination of political and juridical forces. China's courts have been struggling to meet demand for access to justice and the revival of judicial mediation is part of a broader policy to promote mediation as a mainstream dispute resolution mechanism. At the same time, the revival of judicial mediation also reflects the disaffection of China's political elite with an emphasis upon adversarial, western style legal process. China's establishment appears to be seeking a more responsive multi-door style of court system. This article traces recent developments in China which track the rise, fall and rise of judicial mediation.

Social Science Research Network, Jun 29, 2019

igital disruption is rolling across a succession of industries, and along the way transforming th... more igital disruption is rolling across a succession of industries, and along the way transforming the social, economic and legal landscapes. The combination of big data, artificial intelligence, cloud computing and robotics is not only disrupting specific legal doctrines and practices, 1 but is also beginning to impact the manner and process of engagement between regulators and the regulated. 2 These changes are being driven as much by growing regulatory intensity and complexity 3 and the escalating costs of regulatory compliance, 4 as by the digital technologies themselves. One commentator has even suggested that we have reached a tipping point, where corporate compliance professionals may soon outnumber

Legal Ethics, 2014

By promoting greater alignment between law and capital, litigation financing has the potential to... more By promoting greater alignment between law and capital, litigation financing has the potential to further escalate the substantial restructuring that is occurring throughout the legal profession. This article examines regulation of the relationship between litigation funders and lawyers in three common law jurisdictions: the United Kingdom; the United States; and Australia, against the backdrop of a sea change in the way in which legal services are being delivered. It argues that a broad prescriptive approach rather than proscriptive prohibitions are the best way to regulate the emerging relationship between law and capital

SSRN Electronic Journal, 1996

In this article the authors stress the importance of jury trials for society, and are concerned b... more In this article the authors stress the importance of jury trials for society, and are concerned by the pressures to reduce the availability of jury trials because of alleged inefficiencies in the process. They offer suggestions, largely drawn from experiences in North America, to reform the process of jury selection and to reform the way in which jury trials proceed once the jury has been selected. Providing jury trials with fairness and efficiency, they believe, will foster retention of trial by jury.

SSRN Electronic Journal, 1992

ABSTRACT Lack of consent to sexual intercourse is an essential component of the crime of rape. Su... more ABSTRACT Lack of consent to sexual intercourse is an essential component of the crime of rape. Subject to certain limitations enunciated by the courts, the issue of lack of consent in a rape trial has been largely left to the jury. Consequently two areas of concern arise: first, whether the limitations upon the legal standard of consent currently imposed by the courts can continue to be justified; and secondly, whether the jury should be given further guidelines in relation to the quality of consent. These questions are particularly important in light of the Crimes (Rape) Act 1991 (Vic) which was passed, inter alia, in order to "clarify the concept of consent" and to "reaffirm the fundamental right of a person not to engage in sexual activity."

NZ Law Review, 2011

... n19n19 See Rachael Mulheron "Recent Milestones in Class Actions Reform in England: A Cri... more ... n19n19 See Rachael Mulheron "Recent Milestones in Class Actions Reform in England: A Critique and a Proposal" (2011) 127 LQR 288. ... The High Court gives litigation funding legitimacy, yet questions remain" (2006) 44(9) Law Society Journal 52; Jamie Richardson and ...

Journal of Environmental Law, 2010

This article examines Australia’s implementation of a national regulatory framework to support th... more This article examines Australia’s implementation of a national regulatory framework to support the development of robust and mature water markets. To date, competition in water markets and water trading have been inhibited by disparate State-based regulation as well as State-based limitations on trading outside of regions. State-based monopolisation of water infrastructure has also been a significant impediment. The transfer of sovereignty over water to the central Commonwealth government has enhanced the capacity of the regulatory framework to better contribute to building efficient water markets.

Currents: Int'l Trade LJ, 2005

The Australian wine industry is in crisis. More than one sixth of Australian vineyards are non-vi... more The Australian wine industry is in crisis. More than one sixth of Australian vineyards are non-viable. The wine surplus is now so large that it is causing long term damage to the Australian brand through entrenched discounting. Long term global competitiveness is further constrained by factors such as increasing water costs, unfavourable exchange rates, escalating labour costs and potentially higher costs imposed under a proposed carbon emissions trading plan. Like the EU, the Australian wine industry has been forced to restructure and is exploring options including the grubbing up of vineyards. The industry has also targeted brand segmentation and the promotion of regionality in an effort to improve market demand and to develop a national reputation for fine wine. Brand segmentation and the promotion of regionality require significant collective investment that can be easily undermined by the failure to legally protect the cachet that is intended to be generated. On the other hand, measures that facilitate supply control through the monopolization of production methods to particular regions or brands are neither desirable nor economically rational. Differing levels of legal protection between markets and the differing levels of competitive advantage and/or supply control that are thereby engendered can also potentially act as technical barriers to international wine trade. Institutional measures that support market reorientation proposed in Australia and elsewhere therefore need to ensure that they do not unduly stymie innovation and trade. However, the incentives for designing sub-optimal levels of protection when profitability is under threat are high. This paper explores current legal developments in Australia regarding the protection of brand and regionality in light of the revised Australia-EC Wine Trade Agreement and the reform of the EU wine market, as well as proposed reforms designed to achieve greater efficiency and transparency in the auditing of Australian wine provenance. The influence of other trends including the demand for greater accountability and restraint apropos the health impacts of wine, and the demand for proof of sustainability will also be noted insofar as they relate to the protection of brand and regionality.

The Australian wine industry is attempting to transform its reputation as a producer of generic m... more The Australian wine industry is attempting to transform its reputation as a producer of generic mass produced wine to a producer of premium regional wine. However, with no emphasis on wine typicality, Australia's legal framework of wine geographical indications is not well placed to promote and protect Australia's wine regions. In this article we explore the framework's genesis as an indication of source rather than a true geographical indication framework that links wine characteristics with place. We analyse case law and subsequent legal reform designed to correlate Australian wine law with international developments, noting that the reform has occurred after almost all of Australia's existing wine geographical names and their boundaries have been determined. We consider whether future geographical names and their boundaries should be determined on a different basis, compare different legal models that will facilitate the promotion of wine typicality and regionalit...

Law & Society: The Legal Profession eJournal, 2020

This Final Report summarizes an investigation into the feasibility and scope of an online dispute... more This Final Report summarizes an investigation into the feasibility and scope of an online dispute resolution system for South Australian residential tenancy bond disputes. More generally, it also articulates the principles governing the development of an online system for dispute resolution. This Report outlines how Online Dispute Resolution (‘ODR’) technology can be deployed in to enhance public governance and dispute resolution generally, and specifically in the context of residential tenancy bond disputes<br><br>This project has been designed to provide the broad parameters of such a system, and to demonstrate the financial and non-financial advantages of such a system. The Report outlines: Current Systems And Processes; ODR in Public Dispute Resolution; Project Methodologies and Key Findings; Recommendations and Proposed Reforms; Cost Benefit Analysis; Public Law Issues for ODR; and Future Steps.

The University of Queensland Law Journal, 2021

Common Fund Orders’ (CFOs) have had a significant effect on Australian third party-funded class a... more Common Fund Orders’ (CFOs) have had a significant effect on Australian third party-funded class actions by requiring all class members to make a contribution to the third-party litigation funder’s fee in the event of a successful outcome. This altered past practice whereby only class members who had contracted with the litigation funder would be liable for such a contribution. However in a 5:2 decision in BMW Australia Ltd v Brewster in 2019, the High Court cast some doubt on CFOs, determining that neither s 33ZF Federal Court of Australia Act 1976 (Cth) nor s 183 Civil Procedure Act 2005 (NSW) provided a legal basis for making CFOs at the outset of proceedings so as to secure litigation funding support. In late 2020, the Commonwealth Parliamentary Joint Committee (PJC) on Corporations and Financial Services recommended that legislation be enacted to ‘address uncertainty’ in Brewster in a manner that would enable CFOs to be made at settlement or judgment. The authors canvass nor...

International Journal of the Legal Profession, 2017

Melbourne University Law Review, Aug 1, 2003

The ability to choose between trial by jury and trial by judge alone in some jurisdictions presup... more The ability to choose between trial by jury and trial by judge alone in some jurisdictions presupposes a rational basis for exercising the choice. In this article, the author examines judicial factfinding modalities from comparative and systemic perspectives. The conclusion drawn is that both judicial fact-finders and lay fact-finders process their decision-making similarly. In both instances, fact-finding involves the assimilation of disparate and sometimes complex information. In each case, the drawing of inferences is, of necessity, dependent upon heuristic reasoning. Furthermore, the application of principles of law to proven facts is inexact. However, there are a number of inbuilt safeguards in judicial fact-finding that promote rationality and inhibit cognitive illusion.] * LLB, LLM (Adel), GDLP (SA); Senior Lecturer, Faculty of Law, The University of Adelaide. The author would like to thank all those at the Law School, University of Oregon who provided hospitality and assisted her during her sabbatical in 2001. In addition, the author would like to sincerely thank all the members of the Circuit Court in Eugene, Oregon and the members of the District Court and Supreme Court in South Australia who participated in the survey discussed in this article.

SSRN Electronic Journal, 2013