The latest Part of the Australian Law Journal contains the following articles: “Reflections Upon Constitutional Interpretation And The “Aliens Power”: Love V Commonwealth” – Peter Gerangelos; “The Fluctuating Incidence Of The Burden Of Proof Under The Hague-Visby Rules: The Implications Of Volcafe Ltd V Compania Sud Americana De Vapores Sa  Ac 358 For The Position In Australia” – Angus Stewart; and “Overruling Constitutional Precedent” – Joshua Thomson SC and Madeleine Durand. This Part also includes the following sections: Current Issues: “Afghanistan – Office of Special Investigator”; “Royal Commission into Police Informants”; “Press Freedom; National Security and the Law”; “The AG’s Gambit: National Defamation Reform Enters Its Middlegame”; and “The Curated Page”; Conveyancing and Property: “The Mortgagee’s Duty to Account – Rowe and Nom de Plume”; Around the Nation: Victoria: “COVID-19 and Emergency Regulations”; Admiralty and Maritime: “World in a Box: Impact of Containerisation on Shipping Transactions”; and Book Review: “The Washington Diaries of Owen Dixon, 1942–1944”, by Philip Ayres.
“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 Australian Business Law Review includes the following articles: “Doing Wrong for the Right Reasons: ASIC and Foreign Language Business Names” – Timothy Magarry; “Off-duty Misconduct and the Employment Relationship: A Review of the Case Law” – Giuseppe Carabetta; and “”Criminalising Wage Theft” – Some Observations on Deterrence, Enforcement and Compliance” – Mark Lewis. Also in this Part are the following sections: Editorial – Michael Terceiro; Company and Law Securities: “”Carrying on Business in Australia”: A Study of Court Judgments” – Ian Ramsay and Mihika Upadhyaya; and Commercial Litigation: “A More Assertive Approach by ASIC to Using Information-Gathering Powers and Challenging Privilege Claims?” – Michael Legg and Daniel Faber.
The latest Part of the Australian Intellectual Property Journal includes the following articles: “Creative Machines: AI and IP Rights in Digital Authorship and Patentable Inventions” – Francina Cantatore; “Protecting the Golden Egg: Can Australian Copyright Law Respond to the Growing Problem of Live Sports Broadcast Piracy?” – Lachlan Gepp; and “Time to Face the Music: Lifting the Australian Commercial Radio Royalty Cap” – Mary Whitehead. There is also an Editorial by Dr David Brennan.
The latest Part of the Building and Construction Law Journal includes the following articles: “Is It Time for an Express Term of Good Faith in Australian Construction Contracts?” – Joseph Biagio Xuereb; and “No-reliance Clauses: Are They Effective at Limiting a Principal’s Liability for Misleading or Deceptive Conduct?” – Eileen Yang. Also in this Part are the following sections: Editorial; Book Review: “Construction Law (3rd ed)”, by Julian Bailey – Reviewed by Michael Christie SC; and Reports on the following cases: Leeda Projects Pty Ltd v Zeng; TFM Epping Land Pty Ltd v Decon Australia Pty Ltd; and C&V Engineering Pty Ltd v Hamilton & Marino Builders Pty Ltd.
This Issue of the Environmental and Planning Law Journal includes the following articles: “Judicial Consideration of Intergenerational Equity in Australian Coal Mine Approval Litigation” – Edward Cleary; “The Balance of Environmental Protection and Economic Development in Federal Decision-making: An Investigation into Section 74A of the Environment Protection and Biodiversity Conservation Act 1999 (Cth)” – Timothy Dickson and Katie Woolaston; “Regulation of Land-based Marine Pollution in Australia: A Critical Assessment of the Current Legal Framework and Opportunities for Reform” – Nathan Hegerty; “An Inconvenient Covenant: How Climate Risks Are Transforming Australian Superannuation Trustees’ Liability under Statutory Covenants” – Olivia Kilponen; and “Legal Rights to Take Water for Managed Aquifer Recharge Projects in Western Australia” – Clare Ward-Noonan.