Dancing Behind the (Corporate) Veil

Dancing Behind the (Corporate) Veil

“Corporate structures are a haven for those seeking to minimise payment of employee entitlements, and the mechanisms are diverse,” writes Professor Helen Anderson in the current issue of the Company and Securities Law Journal (Vol 36 Pt 7). In “Piercing the Corporate Veil to Reach the Money for Employees: Why, How and Where to Next?”, ...more

Conference on Religious Freedom after Ruddock

Conference on Religious Freedom after Ruddock

The University of Queensland TC Beirne School of Law, together with The Australian Law Journal, hosted “Religious Freedom after Ruddock”, a conference held on 6 April 2019.

Religious Freedom after Ruddock

Religious Freedom after Ruddock

The University of Queensland Law School, in partnership with The Australian Law Journal (ALJ), will host the conference on Religious Freedom following the report of the Religious Freedom Review, led by former Attorney-General Philip Ruddock. The event will take place at The University of Queensland, St Lucia on Saturday, 6 April 2019 from 9am to 5pm. Some papers that will be presented at the conference will be published in a special edition of the ALJ.

Conference Announcement and Call for Papers: Religious Freedom after Ruddock

Conference Announcement and Call for Papers: Religious Freedom after Ruddock

A conference will be held on Saturday 6th April 2019 to consider the future of religious freedom in Australia following the report of the Religious Freedom Review, led by former Attorney-General Philip Ruddock. The Conference is jointly organised by the Australian Law Journal and the TC Beirne School of Law at the University of Queensland, and will be held at UQ in Brisbane. Selected papers from the conference will be published in a special issue of the ALJ later in 2019.

Journal of Civil Litigation and Practice update: Vol 7 Pt 2 (Special Issue)

Journal of Civil Litigation and Practice update: Vol 7 Pt 2 (Special Issue)

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 [2018] NSWSC 610” – Brigitte Gasson; and “Rozenblit v Vainer (2018) 92 ALJR 600; [2018] HCA 23: Order for Stay of Proceedings in the Case of the Impecunious Plaintiff” – Ella Howard.

Australian Law Journal update: Vol 92 Pt 10 (Special Issue: Climate Change and the Law)

Australian Law Journal update: Vol 92 Pt 10 (Special Issue: Climate Change and the Law)

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.

Australian Law Journal update: Vol 92 Pt 9

Australian Law Journal update: Vol 92 Pt 9

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.

Australian Journal of Administrative Law update: Vol 25 Pt 1 (Special Issue on the Charter)

Australian Journal of Administrative Law update: Vol 25 Pt 1 (Special Issue on the Charter)

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.

ALJ Tribute to Sir Laurence Whistler Street AC KCMG KStJ QC

ALJ Tribute to Sir Laurence Whistler Street AC KCMG KStJ QC

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).

Environmental and Planning Law Journal update: Vol 35 Pt 4 (Special Issue on Pesticides)

Environmental and Planning Law Journal update: Vol 35 Pt 4 (Special Issue on Pesticides)

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 announces expanded Section Editor panel

The Australian Law Journal announces expanded Section Editor panel

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.

ALRC Inquiry into Class Action Proceedings and Third Party Litigation Funders

ALRC Inquiry into Class Action Proceedings and Third Party Litigation Funders

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.

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.

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.

Building and Construction Law Journal update: Vol 34 Pt 6

Building and Construction Law Journal update: Vol 34 Pt 6

The latest Part of the Building and Construction Law Journal includes the following articles: “Notices, Time Bars and Proportionality: – Sir Rupert Jackson; and “Construction Disputes as Treaty Claims: A Claim by Another Name” – Leon Firios and Kanaga Dharmananda SC. Also in this Part is an Editorial; Book Review: “Estoppel by Conduct and Election (2nd ed) by the Honourable KR Handley QC” – Reviewed by Michael Christie SC; and Reports on the following cases: Actron Investments Queensland Pty Ltd v DEQ Consulting Pty Ltd; Mann v Patterson Constructions Pty Ltd; and Ian Street Developer Pty Ltd v Arrow International Pty Ltd.

Australian Business Law Review update: Vol 47 Pt 1

Australian Business Law Review update: Vol 47 Pt 1

The latest Part of the Australian Business Law Review includes an Editorial by Michael Terceiro. It also contains the following articles: “Cartel Conduct or Permissible Joint Venture?” – Ian Wylie; “The Origins and Evolution of the Statutory Duties of Trade Union Officers” – Ian Ramsay and Miranda Webster; “Chains, Coins and Contract Law: The Validity and Enforceability of Smart Contracts” – Buwaneka Arachchi; the following section: Competition Law and Market Regulation: “Should Penalties Under the Competition and Consumer Act Be Increased?” – Luke Woodward (edited by Brent Fisse); and guidelines for submitting ABLR book reviews.

Workplace Review update: Summer 2019

Workplace Review update: Summer 2019

The Summer 2019 Part of the Workplace Review includes the following content: “Emergency C-Section Required: Improving the Delivery of Male Parental Leave Entitlements” – Sandra Hu; “The Death of Reasonable Notice?” – Rick Manuel; “Industrial Action in the Wake of Auimatagi v Australian Building and Construction Commissioner [2018] FCAFC 191” – Lucas Moctezuma; “The Case of Foodora: The Adequacy of Australia’s Industrial Safety Net in a Gig Economy” – Cassidy O’Sullivan; “Nearly a Century of Workers Compensation in New South Wales” – Judge Gerard Phillips; “The New Judicial Review – Legal Unreasonableness” – Mark Robinson SC and Dr Simon Blount; as well as the following sections: Interview: “‘We’ll Keep Challenging the System’: United Voice National Secretary, Jo-anne Schofield” – Craig Ryan; Obituary: “Vale George Polites: A Man for All Seasons” – Paul Munro;; The Last Word; and Diary.

Australian Law Journal update: Vol 93 Pt 4

Australian Law Journal update: Vol 93 Pt 4

The latest Part of the Australian Law Journal contains the following articles: “Reforming the Australian Law of Contract – Some Practical Next Steps” – John Eldridge; “Internment of Terrorism Suspects and the Australian Constitution” – Anthony Gray; and “The Internationalisation of Australian Criminal Lawyers: 25 Years of Australians in The Hague” – Sarah Pitney. This Part also includes the following sections: Current Issues; Letter to the Editor; Conveyancing and Property; Constitutional Law; Class Actions; Recent Cases; and Personalia.

Journal of Law and Medicine update: Vol 26 Pt 3

Journal of Law and Medicine update: Vol 26 Pt 3

The latest Part of the Journal of Law and Medicine includes the following sections: Editorial: “Interstate and Overseas Deaths: Jurisdictional and Decision-Making Challenges for Coroners” – Ian Freckelton QC; Letter to the Editor; Legal Issues: “‘Hospitals and Clinicians Need Not Apply:’ Withdrawing Clinically Assisted Nutrition and Hydration in Undisputed Cases” – Joanna Manning; Medical Issues: “Eve’s Curse: Intolerable Unrelieved Pain in Labour – Necessary Evil or Medical Negligence?” – Mike O’Connor; Bioethical Issues: “Should an Advance Care Directive Refusing Life-Sustaining Treatment Be Respected after an Attempted Suicide? Development of an Algorithm to Aid Health Care Workers” – Steve John Philpot; and Medical Law Reporter: “Citizens’ Juries, Liquid Democracy and Legislative Reform of Australian Compulsory Insurance Schemes for Injury Compensation after Motor Vehicle Accidents” – Felix Blumer, Talia Gedik and Thomas Faunce. Also in this Part are the following articles: “HIV and HCV Epidemics: Lessons for Lawyers and Policymakers” – The Hon Michael Kirby AC CMG; “Therapeutic Privilege Is No Defence” – Scott Davison; “A Comparative View of Australian Education in Law and Medicine” – Marcus Smith and Rachael Heath Jeffery; “Protecting the Continued Development of Collaborative Expert Witness Evidence in Australia: Surely We Should?” – Christopher D Mills; “Criminalising Health Care? The Use of Offences in the Mental Health Act 2015 (ACT)” – Sam Pang; “Authorising the Release of Data without Consent for Health Research: The Role of Data Custodians and HRECs in Australia” – Felicity Flack, Carolyn Adams and Judy Allen; “Sugar Consumption Tax: A Good Idea or Not?” – Jane Truscott; “Embryo Donation in New Zealand: Considerations of the Health and Wellbeing of Children” – Louise Wilsdon; and “A New Law of Advance Directives in Italy: A Critical Legal Analysis” – Denard Veshi, Enkelejda Koka and Carlo Venditti. There is also a review of the book “The Hanged Man and the Body Thief” by Alexandra Roginski – reviewed by Ian Freckelton QC.