The latest Part of the Public Law Review includes the following content: Comments: “The Incorporation by Reference of Technical Standards in Legislation: A Developing Issue” – Stephen Argument; “Expanding the Entrenched Minimum Provision of Judicial Review? Graham v Minister for Immigration and Border Protection” – Lisa Burton Crawford; “Judicial Enforcement of New Zealand’s Reserved Provisions” – Andrew Geddis; and the following Articles: “Unveiling the Public Interest: The Parameters of Executive Discretion in Australian Migration Legislation” – Gabrielle Appleby and Alexander Reilly; “An Impasse in New Zealand Administrative Law: How Did We Get Here?” – MB Rodriguez Ferrere; “Non-statutory Executive Power” – KM Hayne; and Developments.
We are pleased to announce that Professor Paul Babie has been appointed as the new General Editor of the Property Law Review. Professor Babie will replace Professor Brendan Edgeworth, Professor Pamela O’Connor and Dr Cathy Sherry who recently stepped down as General Editors. We would like to thank the outgoing General Editors for their contribution ...more
The latest Part of the Australian Law Journal contains the following articles: “Subrogation to the Trustee’s Personal Right of Indemnity” – Ahmed Terzic; “Family Provision Applications: A Critique” – Anthony Gray; “Family Provision Law in New South Wales: Celebrating its Centenary” – Tihana Mandic. This Part also includes the following sections: Current Issues; Conveyancing and Property; Around the Nation: Northern Territory; Crime and Evidence; Family Law; The Legal Observer (“Playing Politics with the Politicians”); Corporations and Securities; Recent Cases; and Book Reviews.
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.
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.
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”.
Behind the Scenes of the ALJ: It’s the journal traditionally heralded as holding the most topical of legal issues. With a new General Editor and expanded editorial board, The Australian Law Journal (ALJ) is going through an exciting process of rejuvenation. To celebrate its 90th anniversary, we look behind the scenes of the ALJ and learn more about the Editorial Board and their collaborative content selection process.
The Australian Law Journal (ALJ) first rolled off the presses 90 years ago in May 1927. To mark this milestone, Thomson Reuters hosted a special 90th Anniversary celebration in the Banco Court of NSW, joined by luminaries such as Hon Sir Gerard Brennan AC KBE GBS, the Hon Michael Kirby AC CMG and former ALJ General Editor the Hon Peter Young AO, with a timely ALJ 90th special edition focusing on the theme of Indigenous Australians and the Law, curated by Guest Editor Professor Megan Davis, UNSW’s first Pro Vice-Chancellor Indigenous.
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
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.
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
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
The latest Part of the Criminal Law Journal includes the following articles: “Proposed Changes to the Tendency Rule: A Note of Caution” – Jill Hunter and Richard I Kemp; and “Can Sentencing Be Enhanced by the Use of Artificial Intelligence?” – Dr Nigel Stobbs, Dan Hunter and Mirko Bagaric. Also in this Part is an Editorial on “Abolishing the Crime that is the Incarceration of White-Collar Offenders” by Professor Mirko Bagaric; Contemporary Comment: “The Prisoner’s Dilemma” – Michael Heath; Case and Comment: “Ivey v Genting Casinos (UK) Ltd  UKSC 67: Test for Dishonesty in the United Kingdom Brought into Line with Australian Common Law” – David Lusty, “Gant v The Queen  VSCA 104, Gant v The Queen  VSCA 340, McBride v Christie’s Australia Pty Ltd  NSWSC 1729: Criminal Law and Art Fraud” – Dr Chris Davies; Phillips’ Brief: “The Third Degree” – Mark Finnane; and a Digest of Criminal Law Cases.
The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “Regulation of Managed Investment Schemes in Australasia: A Creditor’s Guide” – Laura Coffey; “Fintech Sandboxes: Achieving a Balance Between Regulation and Innovation – Lev Bromberg, Andrew Godwin and Ian Ramsay. Also in this Part are the following sections: Insolvency Law and Management: “Analysing a Liquidator’s Statutory Power of Sale over Trust Property” – Ian Murray; “Unpacking the Ten Network Administration” – Jason Harris; Securities and Mortgages: “Proposed Changes to the PPSA – PPS Leases” – Karen Fairbairn.
The latest Part of the Insolvency Law Journal includes the following article: “Flexible Yet Firm: The Practice of the AAT and the Courts in Reviewing ASIC’s s 206F Management Disqualification Orders” – Robin Bowley; and the following section notes: Recent Developments: “Lessons for Liquidators: The Asden Litigation and Liquidators’ Duties under the Corporations Act” – Nicholas Saady; “True Leases v Finance Leases: Lesson Learnt from Canada” – Michael Williams; “The Holding Deed of Company Arrangement: Its Origins, Utility and Validity” – James O’Hara and Mark Hyde; “The Determination of Market Price Where a Receiver is Realising a Secured Asset” – David Morrison; and Report from New Zealand: “The Calculation of “Due Debts” under the Insolvent Transactions Regime in the Companies Act 1993 (NZ): David Browne Contractors Ltd v Petterson” – Lynne Taylor.
The latest Part of the Journal of Judicial Administration includes the following articles: “Contempt and the Australian Constitution – Part I” – Anthony Gray; “Pleading Guilty: Issues and Practices – A Socio-Legal Research Case Study” – Kathy Mack, Sharyn Roach Anleu, Jordan Tutton; and “Sustainable Justice: A Guiding Principle for Courts” – Dr Andrew J Cannon AM.