Strata “Crisis” – 10-year Liability, Insurance Proposal

Increasingly, the system of private certification of buildings is being slated, by those with expertise and knowledge in the area, as one of the main factors accounting for the crisis in the residential building industry in NSW. Construction lawyer, Jessica Rippon, is forthright in identifying private certification as a contributing factor, in her article “Closing ...more

Coming to the ALJ in April

The admissibility of propensity evidence has become an area of notorious difficulty. This was highlighted by the work of the McClellan Royal Commission in the context of the low rate of convictions in relation to alleged child sexual offences, where such evidence can play a decisive role in what might otherwise be a “word against word” case.

Modern Slavery, Climate Change, and One Big Elephant

Modern Slavery, Climate Change, and One Big Elephant

Over 40 million people are living and working as slaves in the world today.[1] It is a staggering figure. It is outrageous! In the current issue of the Company and Securities Law Journal (C&SLJ), Vol 37 No 2, Justine Nolan and Nana Frishling argue that globalisation has spurred the growth of modern slavery (including servitude, ...more

A Letter from The Hon Michael Kirby AC CMG

We have received the following letter from The Hon Michael Kirby AC CMG in response to the September issue of the Australian Law Journal.

EPLJ Special Issue on Governing Energy Transitions: Unconventional Gas, Renewables and their Environmental Nexus

EPLJ Special Issue on Governing Energy Transitions: Unconventional Gas, Renewables and their Environmental Nexus

This Special Issue of the Environmental and Planning Law Journal (EPLJ Vol 36 Part 5 ), compiled by Guest Editor, Professor Cameron Holley (UNSW Sydney and PLuS Alliance Fellow) brings together the contributions of leading environmental and energy law and governance experts to distil insights from Australia and the globe and examine the role of law in governing energy transitions, and law and governance mechanisms might be needed to better govern energy transitions and their nexus with the environment. The Introduction to this Special issue – Governing Energy Transitions: Unconventional Gas, Renewables and their Environmental Nexus (by Cameron Holley, Amanda Kennedy, Tariro Mutongwizo and Clifford Shearing) provides a brief overview and synthesises lessons from each article featured.

Special Issue of the ALJ on Religious Freedom

The Australian Law Journal and the TC Beirne School of Law at the University of Queensland held a conference on 6 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. Selected papers from the conference are to be published in a special edition of the Australian Law Journal in September entitled “Religious Freedom”.

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

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.

Public Law Review update: Vol 30 Pt 4

Public Law Review update: Vol 30 Pt 4

The latest Part of the Public Law Review includes the following content: Comments: “Of Lonely Ghosts: The Primacy of Responsible Government in Comcare v Banerji” – Patrick Graham; “Momentum on Variable Standards of Review in New Zealand” – M B Rodriguez Ferrere; “Launching “Jesting Pilate””; “”Jesting Pilate” Third Edition Launch, Supreme Court of Victoria Law Library, 24 June 2019″ – Michael Crommelin; “”Jesting Pilate” Third Edition Launch, Banco Court, Supreme Court of New South Wales, 31 July 2019″ – Murray Gleeson; the following Articles: “Immaterial Errors, Jurisdictional Errors and the Presumptive Limits of Executive Power” – Lisa Burton Crawford; “Non-Compellable Powers: A Relational Analysis” – Kristen Rundle; “The Development of Native Title: Opening Our Eyes to Shared History” – Justice Michelle Gordon; Book Review: “The Purpose of Administrative Law and the Legitimacy of Administrative Government, by Jerry L Mashaw” – Reviewed by Leighton McDonald; and Developments.

Environmental and Planning Law Journal update: Vol 37 Pt 2 (Special Issue)

Environmental and Planning Law Journal update: Vol 37 Pt 2 (Special Issue)

This Special Issue of the Environmental and Planning Law Journal includes the following articles: “Urgent Need to Use and Reform Critical Habitat Listing in Australian Legislation in Response to the Extensive 2019–2020 Bushfires” – James A Fitzsimons; “A Case Study of Incentive Regulation in Electricity Transmission Networks for the Uptake of Renewable Energy: Build It and They Will Come” – Simon Anderson; “”If We Don’t Mine Coal, Someone Else Will”: Debunking the “Market Substitution Assumption” in Queensland Climate Change Litigation” – Justine Bell-James and Briana Collins; “Environmental Class Actions in Australia: A Coming Storm?” – Corey Byrne; “Climate-induced Displacement: Protection under the Current International Legal Frameworks” – Ishrat Jahan; “Reconsidering the Species-specific Approach: Insects and the Environment Protection and Biodiversity Conservation Act” – Sophie Lloyd; “Muddied Waters: Revealing Methodological Confusion in Australia’s Environmental Impact Assessment Process” – Maya Suzuki; and “Essay Topic: A New Era for a Higher Level of Public Participation in the Administration of Environmental Law and Justice in the People’s Republic of China” – Xu (John) Zhang. This issue also includes an Editorial: “Why Australia (Desperately) Needs a New National Sustainability Strategy” – Dr Gerry Bates.

Company and Securities Law Journal update: Vol 37 Pt 4

Company and Securities Law Journal update: Vol 37 Pt 4

The latest Part of the Company and Securities Law Journal includes the following articles: “Disclosure, Transparency and Regulation of Open Market Repurchases in Australia” – Christine Brown, John Handley and Asjeet S Lamba; “Cyber-related Risk Disclosure in Australia: Evidence from the ASX200” – Cary Di Lernia, Catherine Hardy and Asaf Dori; and “Should Australians Have a Revised Uniform Unincorporated Nonprofit Associations Act?” – Dr Matthew Turnour. This issue also includes an Editorial.

Australian Journal of Competition and Consumer Law update: Vol 28 Pt 1

Australian Journal of Competition and Consumer Law update: Vol 28 Pt 1

The latest Part of the Australian Journal of Competition and Consumer Law includes the following articles: “Dealing with Multi-sided Platforms and the Digital Economy” – Rod Sims; “Avoiding Liability under the Competition and Consumer Act 2010 (Cth)” – Dyson Heydon; and the following sections: Editorial; Authorisations and Notifications; Telecommunications; Case Note; Landmarks; Snapshots; Report from New Zealand; Report from Asia; and Report from North America.

Australasian Dispute Resolution Journal update: Vol 30 Pt 2

Australasian Dispute Resolution Journal update: Vol 30 Pt 2

The latest Part of the Australasian Dispute Resolution Journal includes the following articles: “Re-appraising Mediation’s Value of Self-determination” – Laurence Boulle and Rachael Field; “Issues of Justice in Mediated Outcomes for Survivors of Sexual Abuse in State Care?” – Louise Marie Mc Donald and Patrick O’Leary; “The Danger in Prescribing the Publication of International Commercial Arbitration Awards in Order to Cure a Stagnating Common Law” – Michael Elliott; “Bringing Children Metaphorically into the Room: Strategies FDRPs can Use to Focus Parents on their Children’s Best Interests” – Donna Cooper; “Client Case Management: Does It Compromise the FDR Practitioner?” – Mieke Brandon and Linda Kochanski; “Expert Determination as Dispute Resolution in New Zealand” – Shane Campbell; “Silent Parties in Arbitration: Does Rinehart v Hancock Prospecting Pty Ltd Open the Door for Increased Third-party Participation in Arbitral Proceedings?” – Andrew L Mason; and “Nation Building through Mediation: The Mongolia Experience” – Katherine Johnson. It also contains the following sections: Editorial – Ruth Charlton; Case Notes: “Lack of Capacity to Enter a Mediated Settlement Agreement; and Good Faith & Satisfactory Mediation under the Farm Debt Mediation Act; and Mediation Media Watch” – David Spencer; and Book Review: “Dispute Resolution: A practitioner’s guide to successful alternative Dispute Resolution”, by Michael Mills – Reviewed by Mieke Brandon and Elizabeth Rosa.