The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “Litigation in the South Australian Fast Track Streams” – Jordan Tutton; “Bikies, Brothels and Big Insurers: The Stealth Litigation and its Ramifications” – Nicholas Saady and Nicholas Olson; and “Meaningful Access to Justice for Everyday Legal Problems: New Research on Consumer Problems Among Canadians” – Lesley Jacobs and Matt McManus. Also in this Part is the editorial Comment and the following sections: Court watch: “Abuse of Process” – Bernard Cairns; and Case notes: “Internet Exceptionalism in Canada – Equustek and Globe24h.com” – Judge David Harvey. There is also a book review on “Advocacy and Judging: Selected Papers of Murray Gleeson” by Roderick Joyce QSO QC.
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
Environmental and Planning Law Journal update: Vol 34 Pt 6 (Special Issue: Frontiers in Environmental Law)
This Special Issue of the Environmental and Planning Law Journal is a collection of papers from the 3rd Frontiers in Environmental Law Colloquium held at Melbourne Uni Law School in Feb 2017. With an Editorial by Brad Jessup, Lee Godden and Jacqueline Peel, this Part features the following articles: “Making Climate Science Matter in the Courtroom” – Nicole Rogers; “Electricity Systems between Climate Mitigation and Climate Adaptation Pressures: Can Legal Frameworks for ‘Resilience’ Provide Answers?” – Stephanie Niall and Anne Kallies; “Competition or Collaboration? Using Legal Persons to Manage Water for the Environment in Australia and the United States” – Erin O’Donnell; “‘Seeing the Place Makes It Real’: Place-based Teaching in the Environmental and Planning Law Classroom” – Estair Van Wagner; “The Sustainability Business Clinic – Australian Clinical Legal Education for a ‘New Environmentalism’ and New Environmental Law” – Brad Jessup and Claire Carroll; and “Implications of Indigenous Land Tenure Changes for Accessing Indigenous Genetic Resources from Northern Australia” – Fran Humphries, Daniel F Robinson and Heron Loban.
The latest Part of the Australian Law Journal includes the following articles from the joint ALJ and AAL national Conference on “The Future of Australian Legal Education”: “Why Lawyers Need a Broad Social Education” – Prof Martha C Nussbaum; and “Regulating Admissions: Are We There Yet?” – Emeritus Prof Sandford D Clark. Also in this Part are the following sections: Current Issues; Conveyancing and Property; Statutory Interpretation; Recent Cases; and Book Reviews.
The latest Part of the Building and Construction Law Journal includes the following article: “Horses for Courses: Assignment of Building Warranties to Subsequent Owners” – Jeremy Parsons. Also in this Part is an Editorial: “Standard Form Construction Contracts and Adhesion Contracts” by Michael Christie SC; and the following case Reports: Southern Han Breakfast Point Pty Ltd (in liq) v Lewence Construction Pty Ltd; and Shade Systems Pty Ltd v Probuild Constructions (Aust) Pty Ltd (No 2).
The latest Part of the Tort Law Review includes the following articles: “Deviation and the Ordinary Law of Torts” – Dr Hamish Dempster; “Reinvigorating Non-delegable Duties in Australia?” – Anthony Gray; “Doctor’s Duty of Disclosure and the Singapore Court of Appeal Decision in Hii Chii Kok: Montgomery Transformed” – Low Kee Yang; and “Re-thinking the Requirement for a ‘Recognisable Psychiatric Illness’ in the Law of Negligence” – Mohammud Jaamae Hafeez-Baig and Jordan English.