Venue: Neil McPhee Room, Level 1, Owen Dixon Chambers East
Presenters: Professor Sarah Worthington QC(Hon) FBA FAAL**
The 2016 The James Merralls Visiting Fellowship in Law public lecture will be presented by Professor Sarah Worthington, Downing Professor of Laws of England. The common law rules on penalties have changed beyond recognition in both Australia and England. The final courts in each jurisdiction have tackled the problem in quite different ways, perhaps revealing deep-seated differences in judicial methodologies. Functionally, however, the results appear remarkably similar. This lecture assesses the common law principles, policies and practicalities evident from the latest judgments from the UK Supreme Court in Cavendish Square Holding BV v Makdessi (2015) and the Australian High Court in Andrews v ANZ Banking Group Ltd (2012) and Paciocco v Australia and New Zealand Banking Group Limited (2016). The conclusions have important ramifications for commercial parties.
The James Merralls Visiting Fellowship in Law
This initiative at Melbourne Law School, in the name of Mr James Merralls AM QC, acknowledges the contribution that Mr Merralls has made in the legal profession in this country. The Fellowship fund is used to establish an annual visiting fellowship to Melbourne Law School by a highly regarded international professor, lawyer or judge. The Fellow will engage in teaching and present a public lecture to the profession.
from
https://events.unimelb.edu.au/events/7371-the-death-of-penalties-in-two-legal-cultures
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