Welcoming Professor Michael Legg as co-General Editor for Journal of Civil Litigation and Practice

Welcoming Professor Michael Legg as co-General Editor for Journal of Civil Litigation and Practice

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.

Australian Law Journal update: Vol 92 Pt 3

Australian Law Journal update: Vol 92 Pt 3

The latest Part of the Australian Law Journal contains the following articles: “A ‘Diminished Nation’? The Racial Discrimination Act 1975, The Native Title Act 1993 and Constitutional Recognition of Indigenous Australians” – Professor Jonathan Fulcher; “The Doctrine of Forbearance” – Jeremy Stoljar; and “The Duty to Mitigate: A Comparative Analysis between the English Common Law and the CISG” – Bruno Zeller. This Part also includes the following sections: Current Issues; Conveyancing and Property; Around the Nation: Victoria; Personalia; Recent Cases; and Books.

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 (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)

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 Judicial Administration update: Vol 27 Pt 3

Journal of Judicial Administration update: Vol 27 Pt 3

The latest Part of the Journal of Judicial Administration includes the following articles: “Thirty Years Is Long Enough: It Is Time to Create a Process That Ensures Covert Recordings Used as Evidence in Court Are Interpreted Reliably” – Helen Fraser; “On Public Opinion Discourse: Justice Applications’ – Pamela D Schulz OAM and Andrew J Cannon AM; and “Right Here Waiting For You: The New Social Media Chapter in the Australian Guide to Judicial Conduct” – Marilyn Bromberg.

Australian Journal of Administrative Law update: Vol 24 Pt 4

Australian Journal of Administrative Law update: Vol 24 Pt 4

The latest Part of AJ Admin L includes the following articles: “Refugee Protection and State Security in Australia: Piecing Together Protective Regimes” – Peter Billings; “Characterising Migration Directions as Legislative Instruments: Implications for Judicial Review” – Christopher Chiam; and “Planning and Soft Law” – Greg Weeks and Linda Pearson. Also in this Part are the following sections: Current Issues; Casenotes; and Book Reviews.

Company and Securities Law Journal update: Vol 36 Pt 1

Company and Securities Law Journal update: Vol 36 Pt 1

The latest Part of the Company and Securities Law Journal includes the following articles: “Imposing Fiduciary Duties on Credit Rating Agencies Towards Investors” – Meena Hanna; “Whistleblowing and Corporate Governance: Regulating to Reap the Governance Benefits of ‘Institutionalised’ Whistleblowing” – Sulette Lombard and Vivienne Brand; and “From Damages to Disgorgement: Civil Remedies for Insider Trading in Australia” – Mark Watts. This issue also includes the following sections: Editorial; Vale: “Bob Baxt” – Rosemary Langford; Current Developments – Legal and Administrative: “Australian Securities and Investments Commission v Flugge: Section 180 Strikes Again” – Tim Bednall; Corporate Finance: “Refinancing Purchase Money Security Interests: A Note on Allied Distribution Finance Pty Ltd v Samwise Holdings Pty Ltd” – Anthony Duggan; Hong Kong, Singapore and Malaysia: “Confucian Teaching as an Ethical Compass in Business” – Charles KN Lam and Professor SH Goo; Corporate Governance and Corporate Social Responsibility: “An Analysis of the Business Objectives of the Largest Listed Companies in Australia, The United Kingdom and the United States” – Ian Ramsay and Belinda Sandonato; and New Zealand: “Crowd-Sourced Funding, Cryptocurrencies and Initial Coin Offerings in Australia and New Zealand” – Dr Gordon Walker.

Property Law Review update: Vol 7 Pt 2

Property Law Review update: Vol 7 Pt 2

The latest Part of the Property Law Review includes the following content: “A Law for Modern Times: The Electronic Conveyancing National Law, Forged Mortgages and Immediate Indefeasibility” – Penny Carruthers and Natalie Skead; “‘A Grade Below Them All’: Real Property Interests on the Reservation of the Eastern Band of Cherokee Indians” – Jason Jones; “The Troubled Borderlands of Torrens Indefeasibility: Lessons from Australia and the United States” – Paul Babie and John Orth; Singapore: “Recent Developments: Fiduciary Duties of Resulting Trustees; Joint Tenancies and the Enforcement of Judgment Debts; Developments in the Doctrine of Part Performance” – Kelvin Low; Queensland: “Instalment Contracts and the Unwary Seller – A Case for Reform” – W D Duncan and Sharon Christensen; Western Australia: “Property Law Issues in Western Australia” – Eileen Webb. This issue also includes the following sections: Editorial; General Editor and South Australia Editor – Paul Babie; and Book Review.

Building and Construction Law Journal update: Vol 34 Pt 1

Building and Construction Law Journal update: Vol 34 Pt 1

The latest Part of the Building and Construction Law Journal includes the following articles: “A Contractual Path Around Proportionate Liability?” – Grant Lubofsky; and “Transfer of Project Risk: The Impact of Testing and Commissioning and Implications of Practical Completion and Taking into Use by the Principal” – Patrick Mead. Also in this Part is an Editorial; and Reports on the following cases: Aalborg CSP A/S v Ottoway Engineering Pty Ltd; Abergeldie Contractors Pty Ltd v Fairfield City Council; and Fitz Jersey Pty Ltd v Atlas Construction Group Pty Ltd.