The Laws of ‘An Old and Settled Society’? the Law of Contract in New South Wales in the Mid-Nineteenth Century

2021 ◽  
Author(s):  
Warren Swain
Keyword(s):  
Nineteenth Century ◽  
New South ◽  
New South Wales ◽  
South Wales ◽  
The Law

Footprints in the sand: appraising the archaeology of the Willandra Lakes, western New South Wales, Australia

Antiquity ◽  
2008 ◽  
Vol 82 (315) ◽  
pp. 11-24 ◽  
Author(s):  
Harry Allen ◽  
Simon Holdaway ◽  
Patricia Fanning ◽  
Judith Littleton
Keyword(s):  
Nineteenth Century ◽  
Formation Process ◽  
New South ◽  
New South Wales ◽  
South Wales ◽  
Behavioural Patterns ◽  
New Strategies

Here is a paper of pivotal importance to all prehistorians attempting to reconstruct societies from assemblages of shells or stone artefacts in dispersed sites deposited over tens of thousands of years. The authors demonstrate the perilous connections between the distribution and content of sites, their geomorphic formation process and the models used to analyse them. In particular they warn against extrapolating the enticing evidence from Pleistocene Willandra into behavioural patterns by drawing on the models presented by nineteenth-century anthropologists. They propose new strategies at once more revealing and more ethical.

scholarly journals INTERPRETATION AND RECTIFICATION IN AUSTRALIA

2017 ◽  
Vol 76 (3) ◽  
pp. 483-486 ◽  
Author(s):  
Paul S. Davies
Keyword(s):  
New South ◽  
Common Law ◽  
New South Wales ◽  
High Court ◽  
South Wales ◽  
Housing Corporation ◽  
Lower Courts ◽  
The Law ◽  
High Court Of Australia

Both interpretation and rectification continue to pose problems. Difficulties are compounded by blurring the boundary between the two. In Simic v New South Wales Land and Housing Corporation [2016] HCA 47, the High Court of Australia overturned the decisions of the lower courts which had held that performance bonds could be interpreted in a “loose” manner in order to correct a mistake. However, the documents could be rectified in order to reflect the actual intentions of the parties. This decision should be welcomed: the mistake was more appropriately corrected through the equitable jurisdiction than at common law. Significantly, the concurring judgments of French C.J. and Kiefel J. highlight that the law of rectification now seems to be different in Australia from the law in England. It is to be hoped that the English approach will soon be revisited (see further P. Davies, “Rectification versus Interpretation” [2016] C.L.J. 62).

scholarly journals Warriewood

1970 ◽  
Vol 2 (2) ◽  
pp. 66-67
Author(s):  
Virginia Macleod
Keyword(s):  
Nineteenth Century ◽  
Local Government ◽  
Fresh Water ◽  
East Coast ◽  
Aboriginal People ◽  
New South ◽  
New South Wales ◽  
Early Nineteenth Century ◽  
Southern Boundary ◽  
South Wales

Warriewood is on Sydney's northern beaches, between Mona Vale and North Narrabeen, in the Pittwater local government area.This was once a 'wet' part of the coast. Lagoons and swamps were typical of the northern beaches and east coast of New South Wales. Narrabeen Creek flows through the middle of Warriewood, and Mullet Creek marks its southern boundary. Early nineteenth-century maps mark most of the land between the south-east corner of Pittwater across to Mona Vale Beach and south, including Warriewood Valley, as swamp. The local Guringai Aboriginal people would have found these swamps rich in food supplies – fish, birds, plants and naturally fresh water.

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