ALJ Tribute to Prof Robert "Bob" Baxt AO

ALJ Tribute to Prof Robert “Bob” Baxt AO

Featuring an obituary penned by the Hon Reg Barrett, the Australian Law Journal has joined the legal profession in paying tribute to Professor Bob Baxt AO, one of the Journal’s most longstanding section editors and contributors, following the news of his passing on 11 March 2018.

Vale Professor Bob Baxt AO (1938–2018)

Vale Professor Bob Baxt AO (1938–2018)

Thomson Reuters was saddened to learn of the passing of Professor Bob Baxt AO on 11 March 2018. “Professor Baxt was renowned for his longstanding commitment and contribution to business law in Australia,” the Managing Director of Thomson Reuters Legal ANZ, Jackie Rhodes said. “He was one of our leading authors and will be greatly missed by all.”

Fairness for financial services customers: C&SLJ’s Special Issue

Fairness for financial services customers: C&SLJ’s Special Issue

With the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry now underway, the Company and Securities Law Journal’s (C&SLJ) just published Special Issue on Customer Protection in the Financial Services Industry is timely. In his editorial, Bob Baxt spoke of being “overwhelmed” by the number of court cases over the last ...more

Company and Securities Law Journal update: Vol 35 Pt 7 (Special Issue: Financial Services Protections)

Company and Securities Law Journal update: Vol 35 Pt 7 (Special Issue: Financial Services Protections)

The latest Part of the Company and Securities Law Journal includes the following articles: “Whither Customer Protection in Financial Services?” – M Scott Donald; “Regulating for Fairness in the Australian Funds Management Industry” – M Scott Donald; “Fairness and Financial Services: Revisiting the Enforcement Framework” – Pamela Hanrahan; “The Fairness Rationale for Customer Advocacy in the Financial Sector” – Dimity Kingsford Smith; and “Suitability” – Gail Pearson. This issue also includes the following section: Editorial; Special Issue on Protections in the Financial Services Industry – Robert Baxt AO.

Environmental and Planning Law Journal update: Vol 34 Pt 6 (Special Issue: Frontiers in Environmental Law)

Environmental and Planning Law Journal update: Vol 34 Pt 6 (Special Issue: Frontiers in Environmental Law)

This Special Issue of the Environmental and Planning Law Journal is a collection of papers from the 3rd Frontiers in Environmental Law Colloquium held at Melbourne Uni Law School in Feb 2017. With an Editorial by Brad Jessup, Lee Godden and Jacqueline Peel, this Part features the following articles: “Making Climate Science Matter in the Courtroom” – Nicole Rogers; “Electricity Systems between Climate Mitigation and Climate Adaptation Pressures: Can Legal Frameworks for ‘Resilience’ Provide Answers?” – Stephanie Niall and Anne Kallies; “Competition or Collaboration? Using Legal Persons to Manage Water for the Environment in Australia and the United States” – Erin O’Donnell; “‘Seeing the Place Makes It Real’: Place-based Teaching in the Environmental and Planning Law Classroom” – Estair Van Wagner; “The Sustainability Business Clinic – Australian Clinical Legal Education for a ‘New Environmentalism’ and New Environmental Law” – Brad Jessup and Claire Carroll; and “Implications of Indigenous Land Tenure Changes for Accessing Indigenous Genetic Resources from Northern Australia” – Fran Humphries, Daniel F Robinson and Heron Loban.

Journal of Judicial Administration update: Vol 26 Pt 4 (Special Issue: NAJ2017)

Journal of Judicial Administration update: Vol 26 Pt 4 (Special Issue: NAJ2017)

The latest Part of the Journal of Judicial Administration is a Special Issue, featuring a number of papers presented at Second International Conference on Non-Adversarial Justice (NAJ2017) hosted by the Australasian Institute of Judicial Administration. It includes the following articles: “Non-Adversarial Justice: An Evolving Paradigm” – Warren Brookbanks; “Constructions of Impartiality in Mediation” – Susan Douglas; “Therapeutic Jurisprudence and Due Process – Consistent in Principle and in Practice” – Nigel Stobbs; “Effective Participation of Vulnerable Accused Persons: Case Management, Court Adaptation and Rethinking Criminal Responsibility” – Felicity Gerry and Penny Cooper; and “Non-Adversarial Approaches to Domestic Violence: Putting Therapeutic Jurisprudence Theory into Practice” – Rachael Field and The Hon Eugene M Hyman.

Workplace Review update: Winter 2017 (Special issue on unions)

Workplace Review update: Winter 2017 (Special issue on unions)

The Autumn 2017 issue of Workplace Review is an issue focusing on the past, present and future of the Australian union movement. There are multiple contributions from a spread of unions and, referencing the 90th anniversary of the founding of the Australian Council of Trade Unions (ACTU) this year, an interview with the new ACTU Secretary, Sally McManus. This Part contains the following articles: “On the margins of Harvester: United Voice and the fight for secure work and shared prosperity in Australia” – Frances Flanagan; “Whither unionism?” – Keith Harvey; “CFMEU’s civilising role: ‘Some things are worth fighting for.'” – Rita Mallia; “Challenges facing Queensland unions: ‘Festering non-compliance and institutionalised wage theft.'” – Dr John Martin; “‘Solid jobs, reliable incomes, human values’: Unions NSW takes up the fight” – Mark Morey; “The relevance of unions in the new industrial order” – Haren Pararajasingham; “AEU Victorian Branch – Laptops Case 2015” – Meredith Peace; “Trade unions – a highly regulated and supervised future …” – Peter Punch; “The WWF and waterfront decasualisation” – Craig Ryan. Also featured is an interview with ACTU Secretary, Sally McManus, and the following section: Book Review; as well as Diary, and The Last Word.

What Every Lawyer Should Know

What Every Lawyer Should Know

The Future of Australian Legal Education conference was successfully co-hosted by The Australian Law Journal and the Australian Academy of Law, on 11-13 August at the Federal Court of Australia, Sydney. Professor Martha C. Nussbaum, the Ernst Freund Distinguished Service Professor of Law and Ethics at the University of Chicago Law School, presented the keynote speech to open a weekend of lively discussion and debate on themes influencing the future of lawyers and law schools in Australia, including: “What every lawyer should know”; “Digital technology and its impact on teaching, learning and legal practice”; “New skills and essential knowledge for lawyers”; and “Making connections: law interacting across disciplines and international borders”.

Fair Work Act protections – protecting whom?

Fair Work Act protections – protecting whom?

The Fair Work Act 2009 (Cth) (the Act) contains a wide range of protections for employees. These manifest through express provision, the stipulation of minimum standards (National Employment Standards), the delimiting of employers’ scope of action, or combinations of these. While the protections are apparent in the Act’s words, their individual effectiveness turns on how ...more

Gender equality among barristers before the High Court

The subject of gender equality has been a hot topic in the media with recent coverage on state and national programs to tackle the bias in the legal profession. The question of why so few women appear before the High Court, and why even fewer have speaking roles has been raised by Professor George Williams ...more

Journal of Law and Medicine update: Vol 25 Pt 3

Journal of Law and Medicine update: Vol 25 Pt 3

The latest Part of the Journal of Law and Medicine includes the following sections: Editorial: “Regulation of Substandard Medical Practice: Lessons from the Bawa-Garba Case” – Ian Freckelton QC; Legal Issues: “Q: Can a Court or Patient Demand Treatment? A: Yeah But No” – Joanna Manning; Medical Issues: “Medicinal Cannabis in Pregnancy – Panacea or Noxious Weed?” – Mike O’Connor; and Medical Law Reporter: “Analysis of Australia’s New Biosecurity Legislation” – Sam Durant and Thomas Faunce. Also in this Part are the following articles: “Beakers and Borders: Export Controls and the Life-sciences under the Defence Trade Controls Act 2012” – Timothy Vines; “Less Is More: Regulating the Weaponisation of Disease under the National Health Security Act 2007 (Cth)” – Colleen Chen; “Revisiting Breen v Williams: Breathing Life into a Doctor–Patient Fiduciary Relationship” – Diana Nestorovska; “Who Are ‘Indigenous and Local Communities’ and What Is ‘Traditional Knowledge’ for Virus Access and Benefit-sharing? A Textual Analysis of the Convention on Biological Diversity and Its Nagoya Protocol” – Michelle F Rourke; “Nga Whenu Raranga/Weaving Strands in the Alcohol and Other Drug Treatment Court of Aotearoa/New Zealand” – Katey Thom and Stella Black; “Patenting Nucleic Acid Sequences: More Ambiguity from the High Court?” – Charles Lawson; “The Regulatory Evolution of Paramedic Practice in Australia” – Dominique Moritz; “The Ethical, Legal and Regulatory Issues Associated with Pharmacogenomics: Systematically Quantifying the Literature” – Jayne E Hewitt; “Looking Gift-horses in the Mouth: Gift-giving, Incentives and Conflict of Interest in the Dental Profession” – Alexander C L Holden and Heiko Spallek; “Outcomes of Notifications against Psychologists in the New Zealand Health Regulation Context 2004–2015” – Lois J Surgenor and Kate Diesfeld; “Pure Psychiatric Injury Pursuant to the Civil Liability Legislation: An(other) Economic Perspective” – Martin Allcock; and “A Phronetic Inquiry into the Australian Euthanasia Experience: Challenging Paternalistic Medical Culture and Unrepresentative Health Policy” – Chelsea Wallis. There is also a review of the book “Wrongful Deaths: Selected Inquest Records from Nineteenth Century Korea” by Sun Koo Kim and Jungwon Kim (eds) – reviewed by Ian Freckelton QC.

Australian Intellectual Property Journal update: Vol 28 Pt 3

Australian Intellectual Property Journal update: Vol 28 Pt 3

The latest Part of the Australian Intellectual Property Journal includes the following content: “The Copyright Tribunal as Exception-maker: Are Both Flexibility and Certainty Achievable?” – David J Brennan; “‘This Is a Complex Issue’: A Few More Questions about Fair Use” – Graeme Austin; and “Three Steps to a Safer Harbour in International Copyright Law” – Fiona Phillips.

Local Government Law Journal update: Vol 22 Pt 2

Local Government Law Journal update: Vol 22 Pt 2

This Part of the Local Government Law Journal includes the following content: “Mandatory Inclusionary Zoning: Can It Ensure the Provision of the Affordable (Integrated) Housing Required to Secure Sydney’s Sustainability?” – Emily Tucker; Local government planning & law guide cases – Hanna Jaireth, Lawrie Groom, Ross Fletcher, Jess Hamdorf, Samuel Lindsay and Chelsea White; as well as a Digest of cases.

Environmental and Planning Law Journal update: Vol 35 Pt 2

Environmental and Planning Law Journal update: Vol 35 Pt 2

This Part of the Environmental and Planning Law Journal includes the following articles: “The Judicial Development of the Precautionary Principle” – Brian J Preston; “The Market Model for Carbon Reduction: Planning for Success Post-Paris” – Katy Milne and Paul Latimer; “Subsidising Fossil Fuels in Australia: Analysing the Agreement on Subsidies and Countervailing Measures from a Climate Change Perspective” – Sanja Nenadic; “Ms Onus and Mr Neal: Agitators in an Age of ‘Green Lawfare'” – Rachel Pepper and Rachael Chick; “Redefining CSG ‘Waste’ Water: New Opportunities for Managed Aquifer Recharge” – Jacqui Robertson; and “Case Note – Millers Point Community Assoc Inc v Property NSW [2017] NSWLEC 92: The Sirius Building Case” – Dr MacLaren North. This Part also includes book reviews: The Challenges of Approaching Judging from an Earth-Centred Perspective” – reviewed by Brian J Preston; and “Risk, Resilience, Inequality and Environmental Law” – reviewed by John Watson.

Company and Securities Law Journal update: Vol 35 Pt 8

Company and Securities Law Journal update: Vol 35 Pt 8

The latest Part of the Company and Securities Law Journal includes the following articles: “Catching Pre-insolvency Advisors: The Hidden Culprits of Illegal Phoenix Activity” – Helen Anderson and Jasper Hedges; “Personal Financial Product Advice under the Corporations Act” – RP Austin and Michael Vrisakis; “Commercial Litigation under the Personal Property Securities Act 2009 (Cth) – Part II” – Matthew Broderick and Dr David Morrison; “‘Persons Who Commonly Invest’: Who Are They?” – Andrew Eastwood; and “Financial Advisers – New Remuneration Constraints and Competency Requirements Addressing Perverse Incentives and Poor Advice” – Julie-Anne Tarr. This issue also includes the following sections: Editorial; Corporate Finance – Matthew Broderick: “et-Off and the PPSA: A Note on Hamersley Iron Pty Ltd V Forge Group Power Pty Ltd (In Liq)” – Anthony Duggan; Directors’ Duties – Dr Rosemary Teele Langford: “Breaches of Duty by Corporate Officers and Directors: Accessory Liability, Account of Profits and Causation” – Pauline Ridge; Corporate Insolvency – Helen Anderson: “To Prioritise or not to Prioritise: The Question of Prepayment Consumer Creditors” – Professor Christopher Symes and Dr Beth Nosworthy.