How should Australian criminal trial courts treat evidence deriving from illegally or improperly obtained evidence? The fact that derivative evidence gives rise to factors distinct from primary evidence makes it deserving of an examination of its peculiarities. In doing so, the assumption may be put aside that derivative evidence falls wholly within the established general discourse of illegally or improperly obtained evidence. Just as the judicial response to primary evidence must be intellectually rigorous, disciplined and principled, so must be the response to derivative evidence. As such, a principled analysis of how Australian courts should approach derivative evidence can significantly contribute to the discourse on the law with respect to the exclusion of illegally or improperly obtained evidence. This thesis provides that principled analysis by arguing that the principles which underpin and inform the discretionary exclusionary frameworks within Australia require an approach which is consistent as between illegally obtained derivative evidence and illegally obtained primary evidence.

Thesis / The Companies Bill B61-2008 proposes to introduce appraisal rights into South African law. Appraisal entitles a shareholder to demand payment from the corporate issuer of his shares at a fair cash value in certain instances where major transactions which would change the company's direction have been proposed. It allows a cash exit rather than being coerced into supporting the majority's decision. Arriving at a fair share value is a challenge to appraisal. Presently, under the Personal action, a shareholder who opines that the company's act or omission is unfairly prejudicial or that its affairs are conducted in an unfairly prejudicial manner, may apply to court for an appropriate order. It enables the minority to challenge the majority's decision. Both remedies will be available to dissenting shareholders under the new dispensation and a shareholder must decide which remedy best suits his purposes. Appraisal should be seen as a last resort. / Law / LL.M. (Corporate Law)

Thesis / The Companies Bill B61-2008 proposes to introduce appraisal rights into South African law. Appraisal entitles a shareholder to demand payment from the corporate issuer of his shares at a fair cash value in certain instances where major transactions which would change the company's direction have been proposed. It allows a cash exit rather than being coerced into supporting the majority's decision. Arriving at a fair share value is a challenge to appraisal. Presently, under the Personal action, a shareholder who opines that the company's act or omission is unfairly prejudicial or that its affairs are conducted in an unfairly prejudicial manner, may apply to court for an appropriate order. It enables the minority to challenge the majority's decision. Both remedies will be available to dissenting shareholders under the new dispensation and a shareholder must decide which remedy best suits his purposes. Appraisal should be seen as a last resort. / Law / LL.M. (Corporate Law)