This edition of the Insolvency Law Journal marks the retirement of Adjunct A/Prof Colin Anderson after more than a decade as General Editor, and the first issue of the new co-General Editors Prof Rosalind Mason and A/Prof David Morrison. The latest Part of the Journal includes the following articles: “The Anti-deprivation Rule and the Pari Passu Rule in Insolvency” – Peter Niven; “Prepayment Consumer Creditors: A Special Case for Insolvency Proceedings?” – Christopher Symes and Beth Nosworthy; and the following section notes: Recent Developments: “Liquidating Trustee Companies” – Chris Bailey; “Sanderson as Liquidator of SAKR Nominees Pty Ltd (in liq) v SAKR  NSWCA 38.” – Joanne Shepard; and Report from New Zealand: “Should a Bankrupt’s Retirement Savings be available to Repay Creditors?” – Lynne Taylor.
Good faith that is. In construction contracts. In examining the inclusion of an express term requiring parties to act in “good faith” in Standards Australia’s draft AS11000: General Conditions of Contract, in the current issue of the Building and Construction Law Journal (Vol 33 No 1), Alexander Di Stefano suggests good faith clauses in construction ...more
The latest issue of the Australian Journal of Administrative Law (Volume 24 Part 1) marks a new chapter for the Journal, as Dr Damien Cremean retires from his role as the General Editor of AJ Admin L after a very successful tenure spanning over a decade. He has also stepped down as General Editor of the Journal of Civil ...more
This Special Issue of the ADRJ (Volume 28 Part 1) features a selection of articles based on papers presented at the National Mediation Conference in September 2016 on the Gold Coast. It is the initiative of the Co-Convenors of the National Mediation Conference Board 2016: Mieke Brandon and Callum Campbell. The theme of the conference ...more
[Editor’s Note: Since publication of this article, the Corporations Amendment (Crowd-sourced Funding) Act 2017 (Cth) has been given Crown assent, making it Commonwealth Act No 17 of 2017.] The Corporations Amendment (Crowd-sourced Funding) Bill 2016 (Cth), which is currently before the Commonwealth Senate, plans to amend the Corporations Act 2001 (Cth) to deal with an increase in crowd-sourced capital-raising activities by companies ...more
We are delighted to announce that Dr Richard Ingleby will be joining The Australian Law Journal team as the new Section Editor of the Family Law section, as our outgoing editor Dr Anthony Dickey QC retires from the post which he has held since 1988. Dr Richard Ingleby becomes the editor of the Family Law Section with extensive experience as ...more
This year the Australian Journal of Competition and Consumer Law (AJCCL) celebrates a milestone – its 25th year of publication. In a recent editorial, the Journal’s General Editor Ron Desiatnik said: “Whether it be in reference to the longevity of a marriage, the length of a friendship, or the serving out of a prison sentence, ...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 40th anniversary of the Federal Court of Australia looks back to insights provided by The Australian Law Journal and other significant legal records and writings.
In the context of a range of available models competing with each other as alternatives to litigation for resolving commercial disputes in the construction industry – driven in part by court-led demand for expedition in litigation – Leigh Duthie in the Building and Construction Law Journal (Vol 32 No 6) considers the future of expert ...more
Australia has been a world leader in water law and governance reform. However, after 20 years of progress, water is quickly slipping from the national agenda. Despite many remaining implementation challenges and drought risks, there has been little detailed intergovernmental direction about the “next steps” in Australia’s water strategy. At this critical juncture, this Special ...more
The latest Part of the Australian Law Journal contains the following articles: “‘Judges’ Sons Make the Final Sacrifice’: The Story of the Australian Judicial Community in the First World War” – Tony Cunneen; “The Honourable Sir Kenneth Jacobs KBE: A Centenary Appreciation” – Hon William Gummow AC; “The Honourable Septimus Burt KC” – Julian Burt and Angelina Gomez; “The Changing Face of Judicial Leadership: A Western Australian Perspective” – Robert French AC. This Part also includes the following sections: Current Issues; Conveyancing and Property; Around the Nation: Tasmania; Administrative Law; Personalia; Admiralty and Maritime; International Focus; Recent Cases and Book Reviews.
The latest Part of the Criminal Law Journal includes the following articles: “The Purposes of Punishment: How Do Judges Apply a Legislative Statement of Sentencing Purposes?” – Kate Warner, Julia Davis and Helen Cockburn; “What Australian Jurors Know and Do Not Know about Evidence of Child Sexual Abuse” – Jane Goodman-Delahunty, Natalie Martschuk and Annie Cossins; and “Recent Developments in New Zealand Criminal Law” – Warren Brookbanks. Also in this Part is an Editorial on resisting the temptation to impose harsher sanctions against young offenders; Case and Comment: “Cini v Commissioner of the Australian Federal Police  VSCA 227: Nothing Soft about Australian Proceeds of Crime Jurisprudence” – Samuel J Hickey; and a Digest of Criminal Law Cases.
The latest Part of the Journal of Law and Medicine includes an Editorial: “Bolam Buried, Belatedly?” – Ian Freckelton QC; and the following sections: Legal Issues: “Judicial Review of Medical Panel Decisions” – Carol Newlands; Medical Issues: “Alcohol Consumption and Impairment of Surgeons: A Case for Total Abstinence?” – Mike O’Connor; Medical Law Reporter: “The Essendon Football Club Supplements Saga: Exploring Natural Justice for Team Sanctions within Anti-Doping Regulations” – Madeleine Farrar and Thomas Faunce; and a Letter to the Editor. Also in this Part are the following articles: “Vexatious, Misconceived and Avoidable Reports by Peers to Medical Regulators: A Qualitative Study of Health Practitioners in Australia” – Laura A Thomas and Marie M Bismark; “Practitioner Health Issues Featuring Before New Zealand’s Health Practitioners Disciplinary Tribunal: An Analysis of Cases 2003-2014” – Lois J Surgenor, Kate Diesfeld, Kate Kersey and Michael Ip; “Monitoring a ‘Menace’: Peer Review and the Regulation of Substance-Addicted Doctors, 1933-1948” – Gabrielle Wolf; “Lights and Sirens: How Coronial Inquests Can Highlight Challenges in Paramedic Regulation” – Dominique Moritz; “Expert Witness Immunity in Australia after Attwells v Jackson Lalic Lawyers: A Smaller and Less Predictable Shield?” – Tina Cockburn and Bill Madden; “The Right to Health: Implications for the Funding of Medicines in Australia” – Claudia Harper, Narcyz Ghinea and Wendy Lipworth; “Asynchronous Medicines Legislation for Non-Medical Prescribing” – Denise L Hope and Michelle A King; “Paying for Risky Decisions: Civil Liability of Non-Vaccinators” – Nikki Bromberger; “Criteria for Decision-Making Capacity: Between Understanding and Evidencing a Choice” – Lisa Eckstein and Scott YH Kim; “A Positive Duty to Rescue and Medical Practitioners: A Review of the Current Position in Australia and a Comparison with International Models” – Jayr Teng; “The Making of a Health Profession: A South African Case Study” – Andra le Roux-Kemp; and “Development, Access to Medicines and the Ebola Virus Epidemic in West Africa” – Olasupo Owoeye and Jumoke Oduwole. There is also a review of the book “The State and the Body: Legal Regulation of Bodily Autonomy” by Elizabeth Weeks – reviewed by Ian Freckelton QC.
The latest Part of the Australian Law Journal contains the following articles: “Not worth the paper they’re not written on? Executing documents (including deeds) under electronic documentation platforms: Part B” – Diccon Loxton; “Burqas and Niqabs in the courtroom: Finding practical solutions” – Renae Barker. This Part also includes the following sections: Current Issues; Conveyancing and Property; Constitutional Law; Around the Nation: Western Australia; International Focus; Recent Cases and Book Reviews.