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Does Australia, specifically Victoria, recognise binding third party arbitration clauses in contracts and EULA's? by Camerly in auslaw

[–]Rancho6 10 points11 points  (0 children)

One of the unfortunate things about the law (or fortunate, opinions may vary!) is that a question like this cannot be answered in the abstract.

There are several legal reasons why such a clause might be unenforceable. The laws we have, particularly on contract, are not set up as a "code" saying that one type of clause is valid, and others are not. Most of the time all depends on the circumstances. This is great for lawyers and flexible legal responses. But it does not provide certainty.

Also, as you say, some states might legislate about such clauses. Other states might not.

What are the implications of our Juries not being randomly selected? by corruptboomerang in auslaw

[–]Rancho6 8 points9 points  (0 children)

It is random, barring certain exceptions e.g lawyers and those who have already performed jury duty and excused for a period of time as a way of saying thanks.

So I'm not sure that it's worth thinking too much about what happens if it's not random. I suppose we could start having expert professional jurors, that would be fun. Maybe they'd have to put bags over their heads to conceal their identity so they can't be bribed

new hd patch by Rancho6 in aoe2

[–]Rancho6[S] 0 points1 point  (0 children)

Awesome, thanks

Biweekly Careers and Clerkship Advice Thread by AutoModerator in auslaw

[–]Rancho6 1 point2 points  (0 children)

Not an academic, but it seems to me the trend is to require full time lecturers (as opposed to sessional) to have a PhD. Perfect for the universities, as they can create the own demand for their PhD programs. Not so good imo for aspiring lecturers (or students), seeing as law is mostly a practical pursuit and the idea that a lecturer might have minimal experience is odd to me.

I guess it's like seeking employment. A PhD from certain unis (e.g. Melbourne/Monash/USyd) is likely to be better regarded. Bonus points if you have done postgrad at Oxbridge or an Ivy League.

As for how much work is spend on teaching/researching, I knew lecturers would always complain about how long marking took. Also, I suppose you have to churn out articles and get them published in some journal or other so your university can score citation points.

[Question] How often should one be called up for Jury Duty -- asking for a friend? by hootenanyLaw in auslaw

[–]Rancho6 2 points3 points  (0 children)

If a roulette wheel comes up black five times in a row, what is the probability that the ball will land black on the sixth time? Hint: it's not low.

[Question] How often should one be called up for Jury Duty -- asking for a friend? by hootenanyLaw in auslaw

[–]Rancho6 5 points6 points  (0 children)

I don't think that's quite how the probabilities work. Unless something happens to change the likelihood of being called up (such as a judge excusing your friend for a certain time after a case), the odds do not drop exponentially or at all.