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

New Editors for the Insolvency Law Journal

New Editors for the Insolvency Law Journal

As the Insolvency Law Journal celebrates its 25th year, we mark some recent changes in the leadership of the journal. Dr Colin Anderson stepped down as General Editor of the journal at the beginning of 2017 after more than 10 years at its helm. In his place, we welcome the new co-General Editors Professor Rosalind Mason and Dr David Morrison, whose connections to the journal go back several years.

Australian Law Journal update: Vol 91 Pt 5 - ALJ's 90th Anniversary Special Issue

Australian Law Journal update: Vol 91 Pt 5 – ALJ’s 90th Anniversary Special Issue

The May Part of the Australian Law Journal marks the ALJ’s 90th anniversary since it first started in 1927, and is a Special Issue on Indigenous Australians and the law, with articles curated by Professor Megan Davis, UNSW’s first Pro Vice-Chancellor Indigenous: “Indigenous Constitutional Recognition: Paths to Failure and Possible Paths to Success” – Shireen Morris and Noel Pearson; “Testamentary Freedom and Customary Law: The Impact Of Succession Law on the Inheritance Needs of Aboriginal and Torres Strait Islanders in Australia” – Prue Vines; “Opportunity is There for the Taking: Legal and Cultural Principles to Re-start Discussion on Aboriginal Heritage Reform in WA” – Lauren Butterly, Ambelin Kwaymullina and Blaze Kwaymullina; “Two New Township Leases on Aboriginal Land in the Northern Territory” – Leon Terrill; “Ensuring Ethical Collaborations in Indigenous Arts and Records Management” – Terri Janke; “Thinking Outside the Constitution on Indigenous Constitutional Recognition: Entrenching the Racial Discrimination Act” – Dylan Lino; “Administrative Law” – Gemma McKinnon; “What Does National Equality Law Have to do with Closing the Gap?” – Laura Beacroft. This Part also includes the following sections: “Current Issues”; Prof Peter Butt’s final notes on “Conveyancing and Property”; and two new Sections: “The Legal Observer” by Michael Pelly; and “Statutory Interpretation” by the Hon Justice John Basten; as well as Book Reviews.

Saunders Prize for Excellence in Scholarship in Constitutional Law

Nominations are closing soon for the Australian Association of Constitutional Law’s (AACL) Saunders Prize, which will be awarded to the author of an article or note on a subject of constitutional law published in an Australian legal journal in 2016. The prize is named in honour of Laureate Professor Emeritus Cheryl Saunders AO in recognition ...more

ALJ Special Issue on Indigenous Australians and Interview with former High Court Chief Justice Robert French

ALJ Special Issue on Indigenous Australians and Interview with former High Court Chief Justice Robert French

To mark the 90th anniversary of the ALJ in 2017, the upcoming May issue will be a Special Issue dedicated to the theme of Indigenous Australians, as well as new Sections, including on statutory interpretation, as well as a Legal Observer column by Mr Michael Pelly, who sits down for an interview with recently retired High Court Chief Justice, The Hon Robert Shenton French AC, twelfth Chief Justice of Australia.

The Future of Australian Legal Education Conference, Aug 11-13, presented by The Australian Law Journal

The Future of Australian Legal Education Conference, Aug 11-13, presented by The Australian Law Journal

To mark the 30th anniversary of the Pearce Report on Australian Law Schools, the Australian Academy of Law (AAL) and The Australian Law Journal are presenting a National Conference on the Future of Australian Legal Education, with the internationally acclaimed Professor Martha C. Nussbaum, University of Chicago Law School, as the keynote speaker. The conference is sponsored by the AAL and ALJ publisher Thomson Reuters, and supported by the Law Council of Australia, and will provide a forum for an informed, national discussion on the future of legal study and practice in Australia, covering practitioners, academics, judges and, of course, students.

“Gotta have faith, faith, faith …”

“Gotta have faith, faith, faith …”

Good faith that is. In construction contracts. In examining the inclusion of an express term requiring parties to act in “good faith” in Standards Australia’s draft AS11000: General Conditions of Contract, in the current issue of the Building and Construction Law Journal (Vol 33 No 1), Alexander Di Stefano suggests good faith clauses in construction ...more

Introducing new co-General Editors for the Australian Journal of Administrative Law

Introducing new co-General Editors for the Australian Journal of Administrative Law

The latest issue of the Australian Journal of Administrative Law (Volume 24 Part 1) marks a new chapter for the Journal, as Dr Damien Cremean retires from his role as the General Editor of AJ Admin L after a very successful tenure spanning over a decade. He has also stepped down as General Editor of the Journal of Civil ...more

ADRJ Special Issue: Contributions from the National Mediation Conference 2016

ADRJ Special Issue: Contributions from the National Mediation Conference 2016

This Special Issue of the ADRJ (Volume 28 Part 1) features a selection of articles based on papers presented at the National Mediation Conference in September 2016 on the Gold Coast. It is the initiative of the Co-Convenors of the National Mediation Conference Board 2016: Mieke Brandon and Callum Campbell. The theme of the conference ...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

Looking back to the future: Federal Court of Australia's 40th anniversary

Looking back to the future: Federal Court of Australia’s 40th anniversary

The 40th anniversary of the Federal Court of Australia looks back to insights provided by The Australian Law Journal and other significant legal records and writings.

Journal of Banking and Finance Law and Practice Update: Vol 28 Pt 2

Journal of Banking and Finance Law and Practice Update: Vol 28 Pt 2

The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “Regulating Financial Product Design in Australia: An Analysis of the UK Approach” – Rosie Thomas; “Difficulties with Derivatives? OTC Credit Derivatives and the Insurance Question” – Adam Fovent; and “Reviving the Incentive to Compromise in Corporate Restructure: The Role of Secondary Debt Markets” – William Stefanidis. Also in this Part are the following sections: Securities and Mortgages; Hong Kong and China; Singapore and South East Asia; Tokyo; and United Kingdom and Europe.

Australian Journal of Competition and Consumer Law update: Vol 25 Pt 2

Australian Journal of Competition and Consumer Law update: Vol 25 Pt 2

The latest Part of the Australian Journal of Competition and Consumer Law includes the following articles: “Proving Misleading or Deceptive Conduct: Challenges Posed by the Internet” – Adrian Coorey; “Influencers, Instagurus, and Enablers: Using Accessorial Liability to Establish a Norm of Behaviour in Relation to Disguised Viral Marketing” – Lynden Griggs and Aviva Freilich; “Extracting Value from Big Data: Taking Big Data Processing and Analysis into Account” – Suiyi Zhang; Access to Services; Case Note: Tribunal Tableaux; Consumer Concerns; What If…; Comments from Commerce; Report from Russia; Report from New Zealand; and Benchmarks.

Australian Law Journal update: Vol 91 Pt 6

Australian Law Journal update: Vol 91 Pt 6

The latest Part of the Australian Law Journal contains the following articles: “Creation of the Federal Court: A Reflection” – Hon Sir Gerard Brennan AC KBE GBS; “Characterisation: Its place in Contractual Analysis and Related Enquiries” – James Allsop; “Gender Equality among Barristers before the High Court” – Daniel Reynolds and George Williams. This Part also includes the following sections: Current Issues; Around the Nation: Victoria; Environmental Law; Equity and Trusts; Family Law; Recent Cases; Books Received and Book Reviews.

Public Law Review update: Vol 28 Pt 2

Public Law Review update: Vol 28 Pt 2

The latest Part of the Public Law Review includes the following content: Comments: “The Law Officers of the Commonwealth” – Gabrielle Appleby; “Third Party Electioneering on New Zealand’s Broadcast Media” – Andrew Geddis; Speech: “Rights and Freedoms and the Rule of Law” – The Hon Robert French AC; and the following Articles: “Towards Indigenous–Settler Federalism” – Dylan Lino; “The Masking of Judicial Power Values: Historical Analogies and Double Function Provisions” – James Stellios; “Adequacy of Risk Assessment in the Exercise of the Character Cancellation Power under the Migration Act 1958 (Cth)” – Joel Townsend; and Developments.

Australian Journal of Administrative Law update: Vol 24 Pt 2

Australian Journal of Administrative Law update: Vol 24 Pt 2

This Part includes the following articles: “Who Decides the Validity of Executive Action? No-Invalidity Clauses and the Separation of Powers” – Lisa Burton Crawford; “Challenging Huynh: Incorrect Importation of the National Interest Term via the Back Door” – Jason Donnelly; “Merits Review and the 21st Century Tribunal” – Juliet Lucy. Also in this Part are the following sections: Current Issues; Casenotes: Construction Forestry Mining & Energy Union v Director, Fair Work Building Industry Inspectorate (2016) 91 ALJR 1; [2016] HCA 41; and a Book Review.