The latest Part of the Company and Securities Law Journal includes the following articles: “Is Say-on-Pay the Answer to Executive Remuneration Problems in New Zealand?” – Tameela Bandara; “Australian Enterprise Risk Management Practices and Corporate Governance” – Dr Bobae Choi, Dr Doowon Lee and Dr Michael Seamer; and “Misleading and Deceptive Conduct in Global Financial Markets: Implications for Regulators, Financial Intermediaries and Credit Rating Agencies” – Professor Tony Ciro. This issue also includes the following sections: Editorial; Hong Kong, Singapore and Malaysia: “Supporting Fintech and SME Fundraising in Hong Kong” – Say Goo.
This issue of the Journal of Civil Litigation and Practice is a Special Issue focused on “Civil Justice”. Containing a collection of articles presented at the Civil Justice Forum held at RMIT University on 13 and 14 February 2018, this issue covers the following: “Suppression and Non-publication Orders in Civil Litigation” – BC Cairns; “Pre-action Requirements in Medical Negligence Matters” – Tania Sourdin, Margaret Castles and Madeline Muddle; “Could Civil Case Management Benefit from a Litigant Vulnerability Assessment Scheme?” – Sonya Willis; and “Processes for Disputing Liability to Pay Workers’ Compensation for Psychological Injury” – Olivia Rundle, Megan Woods and Laura Michaelson. Also in this part is the Editorial Comment and the following Case Notes: “ARB – MED – ARB: Ku-Ring-Gai Council v Ichor Constructions Pty Ltd  NSWSC 610” – Brigitte Gasson; and “Rozenblit v Vainer (2018) 92 ALJR 600;  HCA 23: Order for Stay of Proceedings in the Case of the Impecunious Plaintiff” – Ella Howard.
This Special Issue of the Australian Law Journal on Climate Change and the Law contains the following articles: “Climate Change and the Law – Introduction” – Martijn Wilder AM; “An Overview of International Climate Change Law, including the Paris Agreement” – Susan Biniaz; “Climate Change Law in Australia – A History and the Current State of Play” – Ilona Millar and Sophie Whitehead; “Creating, Buying and Safeguarding Emissions Reductions under the Emissions Reduction Fund” – Elisa de Wit and Amy Quinton; “Mapping Climate Change Litigation” – The Hon Justice Brian J Preston SC; “Obligations on Australian Companies to Address Climate Change” – Stephanie Venuti and Martijn Wilder AM; “The Future of Australia’s Federal Renewable Energy Law” – James Prest and Grace Soutter; “The Victorian Climate Change Act: A Model” – Alainnah Calabro, Stephanie Niall and Anna Skarbek; “Climate Finance and Financial Markets in Australia: The CEFC and ARENA” – Monique Miller; “Carbon Dioxide Removal Geoengineering” – Dr Kerryn Brent, Professor Jan McDonald, Dr Jeffrey McGee and Dr Brendan Gogarty; and “Biodiversity Conservation Law and Climate Change Adaptation – Dr Phillipa C McCormack”. This Part also includes the section Current Issues.
The latest Part of the Australian Law Journal contains the following articles: “On to Strasbourg or Back to Temple? The Future of European Law in Australia Post-Brexit” – The Hon TF Bathurst AC and Bronte Lambourne; “Searching for the Searchers: The Australian Legal Profession and the Operation of the Australian Red Cross Missing and Wounded Enquiry Bureau in World War I” – Tony Cunneen; “Judicial Decision-Making in Times of War and Relative Peace” – The Hon Susan Kiefel AC; and “The Case for Contradictors in Approving Class Action Settlements” – Jeremy Kirk. This Part also includes the following sections: Current Issues; Admiralty and Maritime; Family Law; Statutory Interpretation; Personalia; and Book Reviews.
This Special Issue on the Charter includes an introduction by Justice Pamela Tate, and the following articles: “Administrative Decision-Making under Victoria’s Charter” – Janina Boughey and Adam Fletcher; “How Does the Charter Affect Discretions? The Limits of s 38(1) and Beyond” – Bruce Chen; “Judicial Review and the Charter” – Mark Aronson; and “Judicial Review and Human Rights” – Matthew Groves.
Commodore Sir Laurence Street AC KCMG QC, the fourteenth Chief Justice of the NSW Supreme Court and former Lieutenant-Governor of New South Wales, died on 21 June 2018, and a state funeral was held in his honour at the Sydney Opera House on 5 July 2018. This obituary and tribute was written by The Hon Arthur R Emmett AO QC, Acting Judge of the New South Wales Court of Appeal (to be published in the forthcoming July issue of The Australian Law Journal).
This Special Issue of the Environmental and Planning Law Journal focuses on the regulation of pesticides. This Part includes the following content: “Special Issue Editorial: Regulation of Pesticides in Five National Contexts: The Need for a Paradigm Shift from Causation to Caution” – Professor Elisabeth Lambert, Dr Sally Knowles; “Constitutional Impediments to the Cooperative Framework for Pesticide Regulation in Western Australia” – Toby Nisbet; “Avoiding Conflicts of Interest: Compliance within Australia’s National Regulator of Pesticides” – Ann-Claire Larsen; “The Discord between International and Australian Approaches to Pesticide Regulation and the Precautionary Principle” – Mostafa M Naser, Toby Nisbet and Tanzim Afroz; “Pesticides, Disease, Causal Uncertainty and Standards of Proof: An Introduction to the Impact of Causal Uncertainty on Incapacitated Workers Seeking Compensation in Australia” – W Rupert Johnson; “Establishing Cause, What Does That Mean from an Epidemiological and Legal Perspective?” – J Oosthuizen and M Cross; “The Regulation, Control and Management of Pesticides in Singapore” – Lye Lin Heng; “A Critical Analysis on the Legal and Institutional Frameworks on Pesticides in the Philippines” – Rose-Liza Eisma-Osorio; “Permitting Poison: Pesticide Regulation in Aotearoa New Zealand” – Catherine J Iorns Magallanes; and “Pesticides Law and Precautionary Principle in Canada: Does the Entanglement of Federal and Provincial Rules Adequately Protect Us from Environmental and Health Risks?” – Marc-Antoine Racicot.
The Australian Law Journal is delighted to announce the launch of two new sections, “Class Actions” (headed by The Hon Justice Michael B Lee) and “Technology and the Law” (co-edited by Associate Professor Lyria Bennett Moses and Anna Collyer), as well as the appointment of John Kettle for the “Competition and Consumer Law” section, and Associate Professor Jason Harris as the new “Corporations and Securities” Section Editor.
This month, the ALRC released its Discussion Paper on its Inquiry into Class Action Proceedings and Third-Party Litigation Funders (June 2018), inviting submissions and outlining its key proposals and questions around whether and to what extent class action proceedings and third-party litigation funders should be subject to Commonwealth regulation. The President of the ALRC, the Honourable Justice Sarah Derrington, identifies some of the ALRC’s early findings and emphasises the need to look to counterpart jurisdictions to ensure a global approach in developing the class actions regime in Australia.
Thomson Reuters is extremely pleased to announce that Professor Michael Legg has joined the Journal of Civil Litigation and Practice as its new Co-General Editor, working alongside the current General Editor Roderick Joyce QSO QC. A Professor of Law at UNSW Sydney, Michael is the Director of the IMF Bentham Class Actions Research Initiative at UNSW Law, and Director of the Law Society of NSW Future of Law and Innovation in the Profession (FLIP) research stream in the Allens Hub for Technology, Law and Innovation at UNSW Law, having played a key role as the academic committee member on the ground-breaking FLIP Report launched by the Law Society of New South Wales in March 2017. The Journals Team warmly welcomes Professor Legg to the Journal looks forward to his insights and ideas in helping readers to navigate the current and future landscape of civil litigation and procedure in Australia and beyond.
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 (Volume 35 Part 7) is timely. In his editorial, Bob Baxt spoke of being “overwhelmed” by the number of court cases ...more
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.
This Part of the Environmental and Planning Law Journal includes the following articles: “The Australian Experience on Environmental Law” – Brian J Preston; “Should Australia Introduce a Japanese Style Joint Crediting Mechanism?” – Dr Justin Dabner; “A Legislative Pigsty? The New Regime for Assessing and Managing Biodiversity Impacts Associated with State Significant Development in New South Wales” – Guy J Dwyer; “Designing Nature: Protecting the Australian Environment from Synthetic Biology” – Will Richards; “Challenging Decisions: Environmental Non-government Organisations’ Use of Judicial Review under the Environment Protection and Biodiversity Conservation Act 1999 (Cth)” – Nicola Silbert; and “Environmental Stewardship Duties in Biosecurity: Issues and Challenges” – Paul Martin and Natalie Taylor.
The latest Part of the Journal includes the following articles: “Receivers Trading on at a Loss: Implications of Section 433 of the Corporations Act” – Jonathon Moore QC; “A Trans-Pacific Tale of Carrots and Sticks: Lessons for Australia from the United States’ Experience of the Ipso Facto Stay” – Kathryn Sutherland-Smith; and the following section notes: Recent Developments: “The Common Law Principle of Universality Extended in the Wake of Hanjin Shipping’s Insolvency” – Casey G Watters and Kenny Chng; and Report from New Zealand: “A Proposal for a New Regime for Unravelling Ponzi Schemes” – Lynne Taylor.
Thomson Reuters is delighted to announce the appointment of Professor Dianne Nicol as the new Co-General Editor for the Australian Intellectual Property Journal. Dianne is a professor of law and Chair of Academic Senate at the University of Tasmania, and is director of the Centre for Law and Genetics (CLG), which is housed in the Law Faculty. Dianne’s research at the CLG particularly focuses on the legal and social issues associated with the commercialisation of genetic knowledge and patenting of genetic inventions. In addition to being a member of the Australian Health Ethics Committee and the Embryo Research Licensing Committee at the Australian National Health and Medical Research Council from 2015 to 2018, she has also been involved in the Gene Technology Ethics and Community Consultative Committee of the Office of the Gene Technology Regulator. She is a fellow of the Australian Academy of Law.
Thomson Reuters also warmly welcomes the return of Professor David Brennan as co-General Editor on AIPJ. David is a Visiting Academic at the University of Technology Sydney and currently teaches copyright law at Monash University. Formerly a professor of patent law at Oxford University, he specialises in the fields of patent and copyright law, with a particular focus on their connections with contracts, property, restitution, international and trade law. David served as General Editor from 2007 to 2012 prior to Professor David Lindsay taking on the role.
The latest Part of the Australian Intellectual Property Journal includes the following content: “Passing Off in the UK: A Normal Expansion or an Undue Extension?” – Mohammad Amin Naser; and “Critical Examination of the Concepts of Same Description and Closely Related in Australian Trade Marks Law: What are the Relevant Tests?” – Janice Luck.