The latest Part of the Australian Law Journal contains the following articles: “From Middle East Battlefields to the War Crimes Tribunals in Borneo: The War Letters of the Hon Justice Russell Le Gay Brereton, 1940–1946” – Tony Cunneen; “Glory without Power: The Nationhood Power and Commonwealth Spending on Sport” – Daniel Goldsworthy; “The Power of “National Uniform Legislation”: What Is Its Rate of Proliferation and What Factors Are Driving It?” – Dr Guzyal Hill and Dr John Garrick; and “The King V Smail Golden Jubilee: The Failure of the High Court “to develop and clarify the law” of the Torrens Volunteer is no Cause for Jubilation” – MM Park and Serene Ho. This Part also includes the following sections: Current Issues: “Family Court Merger Becomes a Reality”; “Australia at the UN Human Rights Council”; “A Federal Judicial Commission”; “Choice of Counsel a Fundamental Matter”; “The End of the Cardinal Pell Media Saga”; “A Turn Up for the Books?”; “Anzac Lawyers”; “Remembering the Hon Mr Justice Russell Le Gay Brereton”; and “The Curated Page”; Conveyancing and Property: “The Limits of Expert’s Participation in a Leasing Dispute”; Constitutional Law: “Who Is Responsible for Quarantine under the Constitution?”; and Book Review: “Philosophical Foundations of the Law of Equity”, by Dennis Klimchuk, Irit Samet and Henry E Smith (eds).
“Our critics on both sides of politics claim the use of the phrase ‘class war’ is anachronistic, but in the face of growing inequality and the push for corporate dominance, the reality is a class war is being waged on ordinary people. One that it is our responsibility to respond to.” With this clarion call, ...more
CALL FOR SUBMISSIONS for Special Issue on the 10th Anniversary of the Victorian Civil Procedure Act 2010
The Civil Procedure Act 2010 (Vic) was enacted 10 years ago and commenced operation on 1 January 2011. It was an Act aimed at reforming and modernising the laws, practice, procedure and culture for the resolution of civil disputes in Victoria. The Editors invite submissions on the ground-breaking reforms encapsulated in the State of Victoria’s Civil Procedure Act.
Thomson Reuters is pleased to publish a special issue of the Journal of Law and Medicine on issues relating to COVID-19. It incorporates international perspectives, including from Brazil, Canada, Russia and New Zealand, as well as from Australia. The Journal carries an important multi-disciplinary review (by Mendelson et al) of issues arising from the use ...more
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.
Over 40 million people are living and working as slaves in the world today. 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
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
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.
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”.
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.
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.
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.
The latest Part of the Company and Securities Law Journal includes an Editorial as well as the following articles: “‘A Tiger Without Teeth’? The Forthcoming Review of the Modern Slavery Act 2018 (Cth) and the Place of ‘Traditional’ Penalties” – Margaret Cusenza and Vivienne Brand; “ASIC’s Regulatory Powers – Search Warrants, Telecommunications Interception Warrants, Financial Services Licensing Decisions and Banning Orders – Suggested Reforms” – Dr Tom Middleton; and “A Typology of Legal, Regulatory and Voluntary Initiatives to Address Gender Balance on Corporate Boards” – Katie Watson and Tim Connor.
This Part of the Journal of Law and Medicine includes the following articles: “The Regulation and Governance of Clinical Trials: Past and Present Considerations to Ensure Ethical Treatment of Human Participants” – Grace Borsellino, Patrick Foong and Sonia Allan; “Scientific Uncertainty and Guarantee of Supply of Medicines and Healthcare Products during the Crisis Caused by the SARS-CoV-2 in Spain” – Carlos del Castillo-Rodríguez and Silvia Enríquez-Fernández; “Parental Refusal of Treatment and Children’s Rights in Nigeria” – Titilayo Oyenihun Aderibigbe and Amarachi Chizaram Okonkoh; “Guiding Genomic Research: Australia’s National Statement on Ethical Conduct in Human Research” – Belinda Bennett, Elizabeth Dallaston, Fiona McDonald, Andrew McGee, Shih-Ning Then and Bethany Allen; “Australia after Bawa-Garba: Does Reflective Learning Remain Tenable for Health Care Practitioners?” – Christopher D Mills; “Epidemiology of Offences against Health in the Republic of Kazakhstan: 2015–2019” – Oxana Tsigengagel, Nataliya Glushkova, Vugar Mammadov, Zaituna Khismetova, Meruert Gazaliyeva, Zhanara Ibrayeva and Yuliya Semenova; “The Doctrine of Double Effect and Potential Criminal Liability of Medical Practitioners in Australia” – Scott Davison; “The Strategy of Evaluation Automatism for Disability Assessment: A Pragmatic Choice to Simplify the Decision-making Process in the Italian Welfare System” – Giuseppe Consolazio; “Australian Medicare Benefits” – Bachier Mawassi; “Workers’ Compensation, Return to Work, Behavioural Health and COVID-19 in Australia” – Robert Guthrie, Robert Aurbach and Marina Ciccarelli; and “‘Equality’, the ‘Capability Approach’ and the Ethical Health Care Paradigm: The Interface” – Abhay Vir Singh Kanwar and Mia Mahmudur Rahim.
Also in this Part are the following sections: Editorial: “Human Challenge Trials: Ethical and Legal Issues for COVID-19 Research” – Ian Freckelton QC; Legal Issues: “Sex Therapy as a Reasonable and Necessary Support for Persons with a Disability” – Ian Freckelton QC; Nursing and Midwifery Issues: “Patients’ Access to Care During COVID-19 and the Role of Nurse Practitioners in Australia” – Jane Currie; Public Health Law Issues: “COVID-19: Public Health Emergency Powers and Accountability Mechanisms in Australia” – Paula O’Brien and Eliza Waters; Genomic Law Issues: “Pathways, Processes and Protections: Australia’s Clinical and Direct-to-Consumer Genetic Testing Spaces” – Jan Charbonneau and Dianne Nicol; Health Law Reporter: “Supported Decision-Making for People Living with Dementia: An Examination of Four Australian Guardianship Laws” – Meredith Blake, Cameron Stewart, Pia Castelli- Arnold and Craig Sinclair; and Book Review: “The Assassination of Barbara O’Neill”, by Michael O’Neill.
This Part of the Local Government Law Journal includes the following content: “Put That (Amber) Light Out! Some Comments on the Process for Amending Development Applications and Plans in Class 1 Development Appeals in the Land and Environment Court” – Guy Dwyer and Tristan Orgill; Local Government Planning & Law Guide Cases – Stephanie Booker, Lawrie Groom, Daniel Morey, Lea Hiltenkamp and Connor Fisher; as well as a Digest of Cases.
The latest Part of the Australian Law Journal contains the following articles: “Seriously Considering ‘Seriously Considered Dicta’: Precedent after Farah Constructions” – Bernice Chen; and “Leadership Spill Rules from the Constitutional Perspective” – Greg Taylor. This Part also includes the following sections: Current Issues: “Options for the Voice to Parliament Released”; “From ‘young’ to ‘one’ by Proclamation”; “Constitutional Unwritten ‘norms’ in the United States”; “Courtroom Drama in England”; and “The Curated Page”; Conveyancing and Property: “Ben-Pelech v Royle: Adverse Possession Alive and Well in Western Australia”; Admiralty and Maritime: “‘World in a Box’ What Legal Issues Might Yet Need to Be Resolved and by What Mechanism?”; Equity and Trusts: “When Is an Express Trust Not a ‘Trust’?”; Family Law: “Pell v The Queen, Unacceptable Risk and Relevant Findings as to the Risk of Harm”; Recent Cases: “Negligence – Public Authorities – Costs – Plaintiff Succeeded against Council and Trust but Failed against State and Grandparents – Trial Judge Declined to Make Bullock or Sanderson Order – Whether Error in Failing to Find That Council Caused Plaintiff to Join Other Parties – Non-acceptance of Calderbank Letter – Whether Trial Judge Erred in Making Partial Indemnity Costs Order”; and Book Reviews: “Church, State and Family: Reconciling Traditional Teachings and Modern Liberties”, by John Witte; “Victor Windeyer’s Legacy – Legal and Military Papers”, edited by Bruce M Debelle AO QC; “Interpreting Executive Power”, by Janina Boughey and Lisa Burton Crawford (eds); “The Foundations and Future of Public Law”, by Elizabeth Fisher, Jeff King and Alison L Young (eds); “Statutory Interpretation in Private Law”, by Prue Vines and M Scott Donald (eds); “Rectification of Documents”, by John Tarrant; and “Lord Devlin”, by Justice John Sackar.