ALJ Tribute to Prof Robert "Bob" Baxt AO

ALJ Tribute to Prof Robert “Bob” Baxt AO

Featuring an obituary penned by the Hon Reg Barrett, the Australian Law Journal has joined the legal profession in paying tribute to Professor Bob Baxt AO, one of the Journal’s most longstanding section editors and contributors, following the news of his passing on 11 March 2018.

Vale Professor Bob Baxt AO (1938–2018)

Vale Professor Bob Baxt AO (1938–2018)

Thomson Reuters was saddened to learn of the passing of Professor Bob Baxt AO on 11 March 2018. “Professor Baxt was renowned for his longstanding commitment and contribution to business law in Australia,” the Managing Director of Thomson Reuters Legal ANZ, Jackie Rhodes said. “He was one of our leading authors and will be greatly missed by all.”

Fairness for financial services customers: C&SLJ’s Special Issue

Fairness for financial services customers: C&SLJ’s Special Issue

With the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry now underway, the Company and Securities Law Journal’s (C&SLJ) just published Special Issue on Customer Protection in the Financial Services Industry is timely. In his editorial, Bob Baxt spoke of being “overwhelmed” by the number of court cases over the last ...more

Company and Securities Law Journal update: Vol 35 Pt 7 (Special Issue: Financial Services Protections)

Company and Securities Law Journal update: Vol 35 Pt 7 (Special Issue: Financial Services Protections)

The latest Part of the Company and Securities Law Journal includes the following articles: “Whither Customer Protection in Financial Services?” – M Scott Donald; “Regulating for Fairness in the Australian Funds Management Industry” – M Scott Donald; “Fairness and Financial Services: Revisiting the Enforcement Framework” – Pamela Hanrahan; “The Fairness Rationale for Customer Advocacy in the Financial Sector” – Dimity Kingsford Smith; and “Suitability” – Gail Pearson. This issue also includes the following section: Editorial; Special Issue on Protections in the Financial Services Industry – Robert Baxt AO.

Environmental and Planning Law Journal update: Vol 34 Pt 6 (Special Issue: Frontiers in Environmental Law)

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.

Journal of Judicial Administration update: Vol 26 Pt 4 (Special Issue: NAJ2017)

Journal of Judicial Administration update: Vol 26 Pt 4 (Special Issue: NAJ2017)

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.

Workplace Review update: Winter 2017 (Special issue on unions)

Workplace Review update: Winter 2017 (Special issue on unions)

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.

What Every Lawyer Should Know

What Every Lawyer Should Know

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”.

Fair Work Act protections – protecting whom?

Fair Work Act protections – protecting whom?

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

Gender equality among barristers before the High Court

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

Building and Construction Law Journal update: Vol 33 Pt 6

Building and Construction Law Journal update: Vol 33 Pt 6

The latest Part of the Building and Construction Law Journal includes the following article: “Managing Legal Risk in Government Procurement: Disgruntled Tenderers’ Search for a Remedy Continues” – Louise Young. Also in this Part is an Editorial; and a Report on the following case: Walker Group Constructions Pty Ltd v Tzaneros Investments Pty Ltd [2017] NSWCA 27.

Family Law Review update: Vol 7 Pt 3

Family Law Review update: Vol 7 Pt 3

The latest Part of the Family Law Review includes the following material: “If You Want a Picture of the Future, Imagine Mandated Pre-action Procedures, Registrar Case Management and Information Sharing” – Judge Joe Harman; “Accommodating Family Law and Culture in a Diverse Society: The Injunction Power and the Jewish Experience” – Graham Segal OAM; “Certain Unions Are Not Marriages: Predicting Outcomes on Separation for Same-sex Couples Married Overseas” – Louise Cooney and Eliza Tiernan; “Family Law Property Settlements: An Exploratory Quantitative analysis” – Christopher Turnbull; Property and Financial Arrangements: “Post-separation Inheritances: Calvin v McTier [2017] FamCA 125” – Anna Parker and Amanda Pearson; The Child Support: “The Child Support Registrar Appearing Amicus Curiae” – Simon Bacon; and Recent Cases: Kent v Kent, Waterman v Waterman, Arthur v Secretary, Department of Family and Community Services, and Tuckson v Elsey.

Australian Business Law Review update: Vol 46 Pt 2

Australian Business Law Review update: Vol 46 Pt 2

The latest Part of the Australian Business Law Review includes an Editorial by Professor Bob Baxt AO. It also contains the following articles: “Implementing Competition Law in Developing Countries: Barriers to Success and the Role of Technical Assistance” – Kate James; “The Reasonableness of Restraints: An Analysis of the Enforcement of Post-Employment Restraints” – Ian Neil SC and Nicholas Saady; “Curing Defective Registrations in the Personal Property Securities Register” – Andrew Berriman; and “How Should Directors Tackle Cyber Risks?” – James Duffy.

Workplace Review update: Autumn 2018

Workplace Review update: Autumn 2018

The Autumn 2018 issue of Workplace Review contains the following articles: “The Fair Work Commission and Self-represented Parties” – Hon Reg Hamilton; “An Update on the Contractual Status of Corporate Policies” – Ian Latham; “‘It Is Not a Perfect World’: Workplace Bullying and an Employer’s Duty of Care” – Milaan Latten and John Tuck; “Perils of Parliamentary Privilege” – James Macken; and “Judicial Bullying” – Jeffrey Phillips SC. Also featured is an interview with FWC Vice President Joe Catanzariti, and the following sections: Discrimination; Work Health and Safety; Book Reviews; as well as Diary, and The Last Word.

The Queensland Lawyer update: Vol 37 Pt 3

The Queensland Lawyer update: Vol 37 Pt 3

The latest Part of The Queensland Lawyer includes the following content: “Public Roads in Queensland: Where Statute and the Common Law Intersect – Part 3” – Chris Boge; “The Validity of an Unsent Text as a Testamentary Disposition” – Kristy Richardson; and the following Sections: Criminal Law: “Children and the Presumption of Incapacity” – A M West; Industrial Law: “The Importance of the Legal Entity: Queensland v Roane-Spray [2017] QCA 245” – Dr Kristy Richardson; and Book Reviews. There is also a Report on the the following case: GR v ZD (Criminal law).