The latest Part of the Journal of Judicial Administration includes the following articles: “Contempt and the Australian Constitution – Part Ii” – Anthony Gray; and “A Restorative City for New South Wales – Could Newcastle be a Model?” – John Anderson and Nicola Ross.
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)
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 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”.
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
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 latest Part of the Journal of Law and Medicine includes the following sections: Editorial: “Vaccination Litigation: The Need for Rethinking Compensation for Victims of Vaccination Injury” – Ian Freckelton QC; Legal Issues: “International Human Rights and Mental Health: Challenges For Law and Practice” – Bernadette McSherry and Yvette Maker; Medical Issues: “Policy Development and Regulation of Aged Care” – Joseph Ibrahim and David Ranson; and Medical Law Reporter: “Senate Inquiry into Price Regulation on the Prostheses List” – Emma Holden and Thomas Faunce. Also in this Part are the following articles: “Hartnett, Epstein, Van der Hope: Regulating Unconventional Doctors” – Gabrielle Wolf; “Survey of Quasi-Judicial Decision-Makers in NSW and The National Registration Scheme for Health Practitioners” – Mary Chiarella, Claudette S Satchell, Marie Nagy, Terry Carney, Merrilyn Walton, Belinda Bennett, Patrick J Kelly; “The Use of Students as Surrogates: The Ethical, Legal and Professional Issues of Student-Student Practical Learning in Dental Education” – Alexander Holden; “The Agony and the Ecstasy: Sacrifice and Pain for Financial Gain: Have Indian Surrogate Mothers Been Exploited by Their Intended Parents in Commercial Surrogacy Arrangements?” – Pip Trowse and Donna Cooper; “The Patient’s Voice: Australian Health Care Quality and Safety Regulation from the Perspective of the Public” – David J Carter, James Brown and Carla Saunders; “Never Mind the Science, Here’s the Convention on Biological Diversity: Viral Sovereignty in the Smallpox Destruction Debate” – Michelle F Rourke; “Women’s Rights in the Health Care System: Caesarean Delivery on Maternal Request” – Ann-Claire Larsen; “Sharing the Air: The Need for Strata Law Reform to Reduce Second-hand Smoke Exposure in Multiunit Housing in Australia” – Jacqui Bell, Bonnie Dale, Caitlin Kameron and Michelle Havill; “Eroding Public Health through Liquor Licensing Decisions” – Alison Ziller; “The Implementation of Coronial Recommendations in Tasmania: Two Case Studies on Child Deaths” – Rose Mackie; “Birth: Why Do Not We Just Tell the Truth?” – Amber Moore; “Breaking Bad News about Cancer to Adolescents and Young Adults: The French Experience” – Eric Fourneret; “The South Australian Advance Care Directives Act 2013: How Has the Decision-Making Paradigm Changed?” – Margaret Brown; “Mind the Information Gap: Quantifying the Courts’ Role in Responding to Patient Harm, 1989 to 2013” – Wendy Bonython and Bruce Baer Arnold; and “Medical Evidence of Capacity in a Legal Setting: To What Extent Do Courts and Tribunals Make Their Own Decisions?” – Sam Boyle. There is also a review of the book “Scholarly Misconduct: Law, Regulation, and Practice” by Ian Freckelton (ed) – reviewed by Michael Magazanik.
The latest Part of the Criminal Law Journal includes the following articles: “Separating the Inseparable? An Empirical Study of Australia’s Approach to Comorbidity and Criminal Responsibility” – Christina White; and “Sentencing Review 2016–2017” – Lorana Bartels. Also in this Part is an Editorial on “Criminal Justice Reforms in NSW” by Stephen Odgers; and a Digest of Criminal Law Cases.
The latest Part of the Australian Business Law Review includes an Editorial by Professor Bob Baxt AO. It also contains the following articles: “A Code of Conduct for Supermarket-Supplier Relations: Has it Worked?” – Caron Beaton-Wells and Jo Paul-Taylor; “Non-profit? It’s Not What You Think it Means” – Jason Mitchell; “A Critical Assessment of Shareholder Class Action Settlements – The Allco Class Action” – Michael Legg. Also in this Part are the following sections: Company Law and Securities: “Commentary on Aspects of The Murray Report and the Proposed Whistleblowing Legislation” – Bob Baxt AO; Competition Law and Market Regulation: “Ten Years On, There is Still a Need to Modernise Regulation of Australian Business” – Professor Bob Baxt AO.
The latest Part of the Australian Journal of Competition and Consumer Law includes the following articles: “The Intriguing Concept of ‘Give Effect to’ – Ketki Kotwal; “Most Favoured Nations: When a Clause Falls Out of Favour” – Carolyn Oddie and Amanda Richman; and “Proving Corporations Are Agents: Problems and Solutions” – David Godwin; and the following sections: Authorisations and Notifications; Enforcement and Remedies; Restrictive Trade Practices; Unconscionable Conduct and Codes of Conduct; Case Note; Commission Cameos; Report from Asia; and Report from North America.