ORCID Profile
0000-0003-3363-9399
Current Organisation
University of South Australia
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Publisher: Emerald
Date: 27-09-2022
Abstract: This study explores the impact of institutions, policies, and regulations at the global, national, and sectoral levels on digitalisation within the Italian and Australian wine industries. Drawing on qualitative research data collected from interviews with key personnel in the wine industry, this study shows that both jurisdictions are at a similar stage of emergent digital development despite very different settings. Accordingly, the authors find that digitalisation is constrained by common policy and regulatory issues emanating at the global and national levels, such as a lack of data infrastructure and data governance, and the need for institutions at the local and regional levels to spur innovation, especially with SMEs. This is the first study to analyse the role of policy, regulation, and institutional arrangements in digital diffusion using a cross-country comparison of the wine sector.
Publisher: Walter de Gruyter GmbH
Date: 18-01-2011
Publisher: Oxford University Press (OUP)
Date: 2010
DOI: 10.1093/JEL/EQQ022
Publisher: SAGE Publications
Date: 06-2016
Abstract: As courts have buckled under the pressure to provide quick and efficient access to justice the practice of mandatory or quasi-mandatory mediation has proliferated across Australia, and, indeed, now occupies the position of Australia’s default dispute resolution mechanism. However, it remains unclear whether mandatory mediation has led to widespread improvements in access to justice or a reorientation of the legal system away from adversarial culture. In many cases, mandatory mediation appears to comprise a rough banging of heads together to achieve a quick settlement rather than the iterative, transformative process envisaged by traditional mediation practitioners. Where there is significant power imbalance between the parties, an emphasis on ersion rather than just and sustainable outcomes can be problematic.
Publisher: Informa UK Limited
Date: 04-2012
Publisher: Informa UK Limited
Date: 12-2013
Publisher: Elsevier BV
Date: 11-2019
Publisher: Emerald
Date: 12-03-2018
DOI: 10.1108/IJLMA-12-2016-0159
Abstract: Drawing on “Strategic Alliance” literature and qualitative research methods, the purpose of this study is to examine the initiation and operations phases of the relationship between Australian litigation funders and class law firms. The initiation phase examines factors such as complementarity between needs and assets compatibility between the funder and the class law firm goals of the alliance trust and alliance structure. The operations phase considers factors such as governance, communication and risk management and accountability. Because of its focus on the fairness of settlement, case law provides limited understanding of the drivers of the class law firm and funder relationship. An “inside look” of how the funder-law firm is initiated and made operational provides a more accurate picture and has important implications for the management of the ethical issues that arise during the course of that relationship. This paper is a content analysis and contains qualitative interviews. The strategic alliance between class law firms and litigation funders has evolved within an institutional climate that has acknowledged the benefits that the alliance can bring to the conduct of class actions. That same institutional environment has led to an alliance which is informal and transactionally oriented, where each of the parties maintains a demarcation in function. Although they share aspects of the strategic management of class actions, funders continue to be diligent monitors of class law firms, and class law firms continue to advance the legal rights of class members. It is observed that the size of the s le is small driven by a number of market participants. The paper confirms that the litigation funder–law firm strategic alliance works well as a result of institutional constraints. Each of the alliance partners was keen to ensure that neither they nor their partner acted in a way which might attract judicial disapproval. Each also believed that they played a positive role in promoting class member interests, albeit that their primary motivation was to earn fees or a commission. The success of the alliance between class law firms and litigation funders has substantially improved access to justice in Australia for small claims holders. The paper provides insight into a strategic alliance which is formed primarily for the benefit of third parties. This is one of the first papers to consider the litigation funder–law firm relationship through the lens of strategic alliance literature.
Publisher: Walter de Gruyter GmbH
Date: 21-03-2019
Abstract: In an effort to ensure access to justice, Australian courts have fashioned a unique hybrid opt in-opt out process known as “closed classes.” The rationale that underlies closed classes is to prevent free-riding that may undercut the position of funders and class action law firms reliant upon entering into agreements with a critical mass of class members. However, multiple closed classes also pose problems for respondents seeking the comfort of finality. To secure settlement and thus ultimately benefit participating class members, Australian courts have formulated a procedure whereby the closed class is opened and nonparticipating class members are invited to either register their claims or opt out so that thereafter those who do not register and those who opt out are effectively precluded by res judicata from making further related claims. We argue that Australian courts’ support of closed classes, while driven by pragmatism, has produced unintended consequences. Many relate to the ethical dilemmas faced by class action law firms and litigation funders seeking to advance the interests of participating class members over and above those of nonparticipating class members. The Full Federal Court has recently approved an alternative common fund approach. However, questions remain as to whether Australian courts are appropriately equipped to measure and compare the alternative transaction costs associated with the current and proposed approach, and whether they are appropriately equipped to determine the commercial rectitude and fairness of litigation funding agreements.
Publisher: Springer International Publishing
Date: 2019
Publisher: Informa UK Limited
Date: 02-06-2014
Publisher: Informa UK Limited
Date: 16-08-2018
No related grants have been discovered for Vicki Waye.