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.

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.

Obituary: Dr Wikrema Weerasooria LLB (Hons) (Ceylon) (1965) PhD (Lond) (1972)

Obituary: Dr Wikrema Weerasooria LLB (Hons) (Ceylon) (1965) PhD (Lond) (1972)

Readers of the Journal of  Banking and Finance Law and Practice (JBFLP) will be saddened to learn that Dr Wikrema ‘Wicky’ Weerasooria passed away in Colombo on 4 December 2018.

Wicky was known to readers of the journal as the author of over twenty Australian and Sri Lankan textbooks, including Banker-Customer: Resolving Banking Disputes (1994) with Nerida Wallace, Banking Law and the Financial System in Australia which is now called Weerasooria’s Banking Law of Australia, the Financial System in Australia now written by Alan Tyree and Prue Weaver ( 2006) and Bank Lending and Securities in Australia (1998).

Australian Journal of Competition and Consumer Law update: Vol 26 Pt 4

Australian Journal of Competition and Consumer Law update: Vol 26 Pt 4

The latest Part of the Australian Journal of Competition and Consumer Law includes the following articles: “Regulation in the Sharing Economy: The Sharing Economy: The Modern Consumer’s Challenge” – Connor Hogg; “Blockchain: Issues in Australian Competition and Consumer Law” – Michael Milnes; “Can a Big Business Avail Itself of the Unfair Contract Term Provisions in the Australian Consumer Law?” – Peter Sise; and the following sections: Access to Services; Defective Goods; Case Note; Commission Cameos; Snapshots, Report from Asia; and Report from North America.

Journal of Law and Medicine update: Vol 26 Pt 2

Journal of Law and Medicine update: Vol 26 Pt 2

This issue of the Journal of Law and Medicine includes the following articles: “The Impact of the Law in Helping or Hindering Fertility Preservation for Children with Cancer Facing Gonadotoxic Therapies” – Sonia Allan, Debra Gook and Yasmin Jayasinghe; “To Mandate or Not to Mandate: A Review of Mandatory Reporting of Suspected Child Abuse and Neglect” – Natalie A MacCormick; “Domestic and Family Violence, Reproductive Coercion and the Role for Law” – Heather Douglas and Katherine Kerr; “Legality of Embryonic Gene Editing in Australia” – Michelle Taylor-Sands and Christopher Gyngell; “An Ethics of Care Approach to Regulating Surrogacy” – James Cameron; “Misconduct, Self-inflicted Injury, and Suicide in Workers’ Compensation: A Review of the Australian Legal Framework” – Victoria Lambropoulos and Robert Guthrie; “Impostors and Impersonators: Fake Health Practitioners and the Law” – Ian Freckelton QC; “Data Custodians and the Decision-making Process: Releasing Data for Research” – Carolyn Adams, Judy Allen and Felicity Flack; “Discussing Voluntary Assisted Dying” – Carolyn Johnston and James Cameron; “The ‘Ice’ Storm: Problems with Expert Evidence on the Effects of Methamphetamine” – Jacqueline Horan and Daniel Thomas; “Mercury Pollution from Coal-Fired Power Plants: A Critical Analysis of the Australian Regulatory Response to Public Health Risks” – Grace Bramwell, Felicity Wilson and Thomas Faunce; “Transferring Health Big Data within the European Legal Framework: What Role for National Healthcare Services?” – Davide Golinelli, Fabrizio Toscano, Andrea Bucci and Gherardo Carullo; and “The Coroner’s Role in the Prevention of Elder Abuse: A Study of Australian Coroner’s Court Cases Involving Pressure Ulcers in Elders” – Catherine Anne Sharp, Jennifer Sarah Schulz Moore and Mary-Louise MacLaws.

Also in this Part are the following sections: Editorial: “The 1628 Vasa Inquest in Sweden: Learning Contemporary Lessons for Effective Death Investigation” – Ian Freckelton QC; Legal Issues: “Alternatives to Compulsory Detention and Treatment and Coercive Practices in Mental Health Settings” – Piers Gooding and Bernadette McSherry; Medical Issues: “The Investigations into What Happened at the Gosport War Memorial Hospital – Did the Coroner’s Process Help?” – David Ranson; and Medical Law Reporter: “Legal Strategies to Cure the Plastic Planet: Corporate Marriage and Public Health Regulation of Single-Use Non-Biodegradable Plastics” – Angela Gock, Edward Dale, Lucina Ou-Yang, Sally Wheeler and Thomas Faunce. There is also a review of the following book: “The Arsonist: A Mind on Fire” by Chloe Hooper – reviewed by Ian Freckelton QC.

Australian Law Journal update: Vol 92 Pt 12

Australian Law Journal update: Vol 92 Pt 12

The latest Part of the Australian Law Journal contains the following articles: “By the Skin of Our Teeth – The Passing of the Women’s Legal Status Act 1918: Francis Forbes Lecture 20 May 2018” – The Hon Virginia Bell AC; “Judicial Review of the Fairness and Reasonableness, as between Class Members, of Federal Class Action Settlements” – Vince Morabito; and “Corporate Knwoledge: The Search for the Relevant Mind(s)” – Daniel Reynolds. This Part also includes the following sections: Current Issues; Conveyancing and Property; Crime and Evidence; Personalia; Recent Cases; and Book Reviews.

Building and Construction Law Journal update: Vol 34 Pt 4

Building and Construction Law Journal update: Vol 34 Pt 4

The latest Part of the Building and Construction Law Journal includes the following articles: “Is Conventional Insurance for Construction Projects Fit for Purpose?” – Dr Donald E Charrett; and “‘All Promise Outruns the Performance’: The Enforceability of Extended Promises in Construction Contracts” – Dominic Fawcett and Hugh Hadgraft. Also in this Part is an Editorial; and Reports on the following cases: Samsung C&T Corp v Duro Felguera Australia Pty Ltd; Duro Felguera Australia Pty Ltd v Samsung C&T Corp; and Southern Cross Electrical Engineering Ltd v Steve Magill Earthmoving Pty Ltd.