Inside Commercial Law is a podcast brought to you by the Melbourne Centre for Commercial Law at the Melbourne Law School. In this series we talk to experts from...
Taking (Vander)stock: the challenge of road revenue sources in Australia’s clean energy future
In late 2023, the High Court of Australia struck down the Victorian scheme requiring users of zero and low-emission vehicles (ZLEV) to pay a distance-based charge. It did so on the basis that the scheme imposed a ‘duty of excise’ and therefore impinged on the Commonwealth’s exclusive power under s 90 of the federal Constitution to levy such duties. This has sent the Australian states and territories back to the drawing board in trying to raise money from ZLEV owners to pay their share of road maintenance funding, bearing in mind that the traditional source of such funding is the Commonwealth’s fuel excise. In this episode, Associate Professor Matthew Bell speaks with Professor Miranda Stewart of Melbourne Law School, and Peter Holcombe Henley and Mason Rogers of Clayton Utz about the Court’s decision and its implications. They unpack and explain the decision, noting that it was reached by a bare majority, and explore its implications for Australia’s road revenue and fiscal federalism. Links: Zero and Low Emission Vehicle Distance-based Charge Act 2021 (Vic) Vanderstock v Victoria [2023] HCA 30 (18 October 2023) LK Weis, ‘Vanderstock v Victoria: Fiscal Federalism Meets Environmental Constitutionalism?’ (2024) 36(2) Journal of Environmental Law 253
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International Taxation in the US - A conversation with Professor David Rosenbloom
In this episode of Inside Commercial Law, Professor Miranda Stewart is joined by Professor David Rosenbloom, director of the International Tax Program at New York University School of Law. Professor Rosenbloom is a member of Caplin & Drysdale, a law firm he rejoined in 1981 after serving as international tax counsel and director of the Office of International Tax Affairs in the US Department of the Treasury from 1978 to 1981. At Melbourne Law School, David teaches International Tax in the US into the Masters program. Inside Commercial Law is a podcast of the Melbourne Centre for Commercial Law at Melbourne Law School. For more information about the Centre, visit our website: https://law.unimelb.edu.au/centres/mccl
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The High Court’s latest take on reliance damages
When can a party sue to recover its costs under a terminated contract? In this episode, Professor Katy Barnett and Trevor Thomas discuss this issue of reliance damages for breach of contract. First, they explore the quirky history of reliance damages in Australian law. They then examine the High Court of Australia’s recent decision in the Cessnock City Council case. Is it the remedy to the bewilderment caused by Commonwealth v Amann Aviation?
You can find out more about the Melbourne Centre for Commercial Law via this link.
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Advanced Construction Law at Melbourne Law School: exploring the cutting edge of scholarship and practice
In this episode, Dr Matthew Bell is joined by Michael Earwaker and Trevor Thomas in the week they are teaching the Melbourne Law Masters subject 'Advanced Construction Law'. As they explain, the subject is the 'capstone' in our construction law Masters program, giving students the opportunity to explore cutting edge issues and then write about them in a dissertation-length research paper on a topic they work up with Michael and Trevor. The class of interdisciplinary professionals - lawyers, project managers and beyond, from Australia and overseas - brings diverse and deep experience to these discussions, which touch on topics from recent High Court decisions through to staples of construction law like the prevention principle, risk allocation and reducing unnecessary complexity in contracting and disputes.
For information about the subject, click here and you can find out more about the Melbourne Centre for Commercial Law via this link.
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A journey through the 'middle end' of construction law and practice
In this podcast, we are joined by Tina Funge and David Ulbrick as they teach the Masters subject 'Managing Legal Risk in Construction' at Melbourne Law School. Tina and Dave tell us how they have developed their practice and scholarship as construction lawyers, give some tips about how to juggle Masters study with everything else going on in their lives, and provide insights into the often-neglected but absolutely vital 'middle end' of construction project delivery and its legal risks.
Inside Commercial Law is a podcast brought to you by the Melbourne Centre for Commercial Law at the Melbourne Law School. In this series we talk to experts from all aspects of commercial law, policy and regulation to connect you with the latest innovations and best practice in commercial law.
Australia