Thomson Reuters is very pleased to welcome Edmund Finnane to his new role as General Editor of the Company and Securities Law Journal (C&SLJ), taking over from the late Professor Robert “Bob” Baxt, who was the Founding Editor of the Journal. Edmund is a barrister at Thirteen Wentworth Selborne Chambers in Sydney and a Director of the Commercial Law Association of Australia. Edmund is the co-author of the books Pleading Precedents and Equity Practice and Precedents, the 2019 edition (2nd) of which is to be published shortly. He has also had articles published in the Law Society Journal and the Commercial Law Quarterly, and has been writing annotations for the Corporations Legislation volumes of Thomson Reuters since 2010.
This Special Issue of the Australian Law Journal on Climate Change and the Law contains the following articles: “Climate Change and the Law – Introduction” – Martijn Wilder AM; “An Overview of International Climate Change Law, including the Paris Agreement” – Susan Biniaz; “Climate Change Law in Australia – A History and the Current State of Play” – Ilona Millar and Sophie Whitehead; “Creating, Buying and Safeguarding Emissions Reductions under the Emissions Reduction Fund” – Elisa de Wit and Amy Quinton; “Mapping Climate Change Litigation” – The Hon Justice Brian J Preston SC; “Obligations on Australian Companies to Address Climate Change” – Stephanie Venuti and Martijn Wilder AM; “The Future of Australia’s Federal Renewable Energy Law” – James Prest and Grace Soutter; “The Victorian Climate Change Act: A Model” – Alainnah Calabro, Stephanie Niall and Anna Skarbek; “Climate Finance and Financial Markets in Australia: The CEFC and ARENA” – Monique Miller; “Carbon Dioxide Removal Geoengineering” – Dr Kerryn Brent, Professor Jan McDonald, Dr Jeffrey McGee and Dr Brendan Gogarty; and “Biodiversity Conservation Law and Climate Change Adaptation – Dr Phillipa C McCormack”. This Part also includes the section Current Issues.
The latest Part of the Australian Law Journal contains the following articles: “On to Strasbourg or Back to Temple? The Future of European Law in Australia Post-Brexit” – The Hon TF Bathurst AC and Bronte Lambourne; “Searching for the Searchers: The Australian Legal Profession and the Operation of the Australian Red Cross Missing and Wounded Enquiry Bureau in World War I” – Tony Cunneen; “Judicial Decision-Making in Times of War and Relative Peace” – The Hon Susan Kiefel AC; and “The Case for Contradictors in Approving Class Action Settlements” – Jeremy Kirk. This Part also includes the following sections: Current Issues; Admiralty and Maritime; Family Law; Statutory Interpretation; Personalia; and Book Reviews.
This Special Issue on the Charter includes an introduction by Justice Pamela Tate, and the following articles: “Administrative Decision-Making under Victoria’s Charter” – Janina Boughey and Adam Fletcher; “How Does the Charter Affect Discretions? The Limits of s 38(1) and Beyond” – Bruce Chen; “Judicial Review and the Charter” – Mark Aronson; and “Judicial Review and Human Rights” – Matthew Groves.
Commodore Sir Laurence Street AC KCMG QC, the fourteenth Chief Justice of the NSW Supreme Court and former Lieutenant-Governor of New South Wales, died on 21 June 2018, and a state funeral was held in his honour at the Sydney Opera House on 5 July 2018. This obituary and tribute was written by The Hon Arthur R Emmett AO QC, Acting Judge of the New South Wales Court of Appeal (to be published in the forthcoming July issue of The Australian Law Journal).
This Special Issue of the Environmental and Planning Law Journal focuses on the regulation of pesticides. This Part includes the following content: “Special Issue Editorial: Regulation of Pesticides in Five National Contexts: The Need for a Paradigm Shift from Causation to Caution” – Professor Elisabeth Lambert, Dr Sally Knowles; “Constitutional Impediments to the Cooperative Framework for Pesticide Regulation in Western Australia” – Toby Nisbet; “Avoiding Conflicts of Interest: Compliance within Australia’s National Regulator of Pesticides” – Ann-Claire Larsen; “The Discord between International and Australian Approaches to Pesticide Regulation and the Precautionary Principle” – Mostafa M Naser, Toby Nisbet and Tanzim Afroz; “Pesticides, Disease, Causal Uncertainty and Standards of Proof: An Introduction to the Impact of Causal Uncertainty on Incapacitated Workers Seeking Compensation in Australia” – W Rupert Johnson; “Establishing Cause, What Does That Mean from an Epidemiological and Legal Perspective?” – J Oosthuizen and M Cross; “The Regulation, Control and Management of Pesticides in Singapore” – Lye Lin Heng; “A Critical Analysis on the Legal and Institutional Frameworks on Pesticides in the Philippines” – Rose-Liza Eisma-Osorio; “Permitting Poison: Pesticide Regulation in Aotearoa New Zealand” – Catherine J Iorns Magallanes; and “Pesticides Law and Precautionary Principle in Canada: Does the Entanglement of Federal and Provincial Rules Adequately Protect Us from Environmental and Health Risks?” – Marc-Antoine Racicot.
The Australian Law Journal is delighted to announce the launch of two new sections, “Class Actions” (headed by The Hon Justice Michael B Lee) and “Technology and the Law” (co-edited by Associate Professor Lyria Bennett Moses and Anna Collyer), as well as the appointment of John Kettle for the “Competition and Consumer Law” section, and Associate Professor Jason Harris as the new “Corporations and Securities” Section Editor.
This month, the ALRC released its Discussion Paper on its Inquiry into Class Action Proceedings and Third-Party Litigation Funders (June 2018), inviting submissions and outlining its key proposals and questions around whether and to what extent class action proceedings and third-party litigation funders should be subject to Commonwealth regulation. The President of the ALRC, the Honourable Justice Sarah Derrington, identifies some of the ALRC’s early findings and emphasises the need to look to counterpart jurisdictions to ensure a global approach in developing the class actions regime in Australia.
Thomson Reuters is extremely pleased to announce that Professor Michael Legg has joined the Journal of Civil Litigation and Practice as its new Co-General Editor, working alongside the current General Editor Roderick Joyce QSO QC. A Professor of Law at UNSW Sydney, Michael is the Director of the IMF Bentham Class Actions Research Initiative at UNSW Law, and Director of the Law Society of NSW Future of Law and Innovation in the Profession (FLIP) research stream in the Allens Hub for Technology, Law and Innovation at UNSW Law, having played a key role as the academic committee member on the ground-breaking FLIP Report launched by the Law Society of New South Wales in March 2017. The Journals Team warmly welcomes Professor Legg to the Journal looks forward to his insights and ideas in helping readers to navigate the current and future landscape of civil litigation and procedure in Australia and beyond.
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 (Volume 35 Part 7) is timely. In his editorial, Bob Baxt spoke of being “overwhelmed” by the number of court cases ...more
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.
The latest Part of the Company and Securities Law Journal includes the following articles: “The Penalty Quantum for Non-compliance with Corporate Disclosure: Solace for the Market” – Larelle (Ellie) Chapple, Thu Phuong Truong and Michelle Welsh; “An Analysis of Challenges to ASIC’s s 920A Banning Orders against Financial Services Providers in the AAT and the Courts” – Dr Robin Bowley; “Related Party Dealings Out of Managed Investment Schemes: Four Quandaries Addressed” – Tom Clarke; and “Risky Business and the Safe Harbour: Evaluating the Insolvent Trading Reform from a Creditor Perspective” – Emma Norton. This issue also includes the following sections: Editorial by Edmund Finnane; and Directors’ Duties – Dr Rosemary Teele Langford: “A Reconsideration of s 1324(10) of the Corporations Act 2001 (Cth): Damages in Lieu of an Injunction” – Dr Katy Barnett.
The latest Part of the Criminal Law Journal includes the following articles: “Calibrating the Scales of Justice: Inferences on Prohibited Drug Manufacture” – Gary Edmond and D Brynn Hibbert; and “Propensity Evidence Reform after the Royal Commission into Child Sexual Abuse” – David Hamer. Also in this Part is an Editorial on rethinking corporation prosecution; Legislation Comment: “Derivative Liability and South Australia’s New Firearms Law: ‘Inherently Dangerous’ or the ‘Best Gun Laws in the Country’?” – Kellie Toole and David Plater; and a Digest of Criminal Law Cases.
The latest Part of the Australian Business Law Review contains the following articles: “A Conceptual Assessment of Board Skills in ASX 100 Companies” – Thea Voogt; and “Gender Disparity in Cartel Conduct” – Andrew Christopher and Sarah Andrew. It also contains the following sections: Commercial Litigation: “Australian Federal Court Reforms Class Actions Settlement Practice” – Michael Legg and John Emmerig; and Acknowledgments.
The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “Improving Australia’s Regulatory Framework for Systemic Financial Stability” – Steve Kourabas; “When Is a Mortgage Broker the Lender’s Agent?” – Oscar S Han; “A Comparative Study of the Laws of Bond Trust in Common Law and Civil Law Countries” – Benjamin Liu; and “Social Impact Bonds in Australia” – Ian Ramsay and Corinne Tan. Also in this Part are the following sections: Banking Law and Banking Practice; Financial Markets; and Insolvency Law and Management.