Choice of Law in Tort—Blending in with the Landscape of the Conflict of Laws?

The reformed choice of law in tort rules contained in the Private International Law (Miscellaneous Provisions) Act 1995 have proved a source of great controversy. This piece attempts to show that there are wider concerns fuelled by the Act. It seeks to demonstrate that one can not reform one area of the Conflict of Laws (such as choice of law in tort) in isolation from other areas (such as jurisdiction in tortious matters and choice of law in contract) and to illustrate the unsatisfactory state that the statutory reforms have had on these other areas. The analysis of the problems generated by the Act may be used as a model for a far more fundamental proposition: namely that the tendency to regard choice of law and jurisdiction as separate areas throughout the Conflict of Laws, rather than as combining to form a coherent law of international litigation, is a critical shortcoming of the study of the subject.     

Justice, at last, in the archetypical patent entitlement dispute

The Court of Appeal has held that Cinpres was not estopped fromsucceeding in its entitlement claim, despite having failed inan earlier claim concerning the related application, and isthe rightful owner of a disputed European patent.     

Public Wi‐Fi provision by Australian local government authorities

Investment by Australian local government authorities (LGAs) in public Wi‐Fi (PWF) provision has grown substantially in recent years. PWF represents the first significant venture of LGAs into telecommunications, a field of national jurisdiction, and thus is a precursor of wider local investment in digital communication technologies, particularly the Internet of Things and other ‘smart city’ infrastructure. However, there has been little published analysis of PWF provision and use in Australia. This knowledge gap limits understanding of the rationales, business models, and uses and impact of investment in these networks and offers little guidance for local authorities and communities contemplating wider ventures in the field of digital networks. This article draws on a national survey of PWF provision by LGAs, together with interview data and critical analysis of policy and institutional settings, to present an overview of local PWF provision in Australia. The analysis highlights some familiar problems associated with LGA infrastructure investment and service delivery, as well as some novel challenges posed for local managers by digital communication networks. Following an empirical mapping of PWF provision in Australia, we explore three significant themes that our research in this field highlights: accountability and transparency, competence in the field of information and communication technologies (ICT) and evaluation.