The latest Part of the Journal includes the following articles: “Bankruptcy Discharge: Origins and Liberalisation” – Michael Quilter; “Death and Bankruptcy” – Colin Anderson and David Morrison; and the following section notes: Recent Developments: “Piercing Legal Professional Privilege to Access Documents Created to Defeat Claims of Creditors” – Noel McCoy, Sophie Waples and Emma Beechey ; “Company Directors in the Spotlight: A Safe Harbour or Plugging Another Imaginary Leak?” – David Morrison; and Report from New Zealand: “Changes Mooted to New Zealand’s Voidable Transactions Regime” – Lynne Taylor.
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
The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “Collateral Undamaged: Conforming Financial Collateral Laws in a Global Marketplace” – Max Allan; “Microfinance in Australia: Is the Law Doing Enough to Address Financial Exclusion?” – Francisco Widjojo; “The BEAR Necessities: What Jurisdictional Considerations will Australia’s Version of the UK’s ‘Senior Managers and Certification Regime’ Need to Accommodate?” – Andrew Eastwood and James Emmerig; and “The Taxing Challenge of Digital Currency” – Joel Emery and Miranda Stewart. Also in this Part are the following sections: Banking Law and Banking Practice; Insolvency Law and Management; Securities and Mortgages; Canada; Tokyo; and United Kingdom and Europe.
The latest Part of the Australian Journal of Competition and Consumer Law includes the following articles: “Digital Wallets and Consumer Protection” – Kanchana Kariyawasam and Matthew Tsai; “Problems with Free-range Labelling of Australian Eggs: Hatching a Viable Solution” – Samantha Denford; Defective Goods; Case Notes; Council Considerations; Economic(s) Matters; Report from China; Report from Europe; Worth Repeating; and Odds and Ends.
The latest Part of the Australian Business Law Review includes an Editorial by Professor Bob Baxt AO. It also contains the following articles: “In with the Old, Out with the New? The Rights of a Replaced Trustee Against its Successor, and the Characterisation of Trustees’ Proprietary Rights of Indemnity” – Diccon Loxton; “An Analysis of the Inconsistencies Regarding the Co-regulatory Environment for Registered Company Auditors in Australia” – Max Bessell, Lisa Powell and Grant Richardson; “Accountability and Retrospective Legislation – Implications for Directors, Officers and Third Parties” – Julie-Anne Tarr and Gavin Nicholson. Also in this Part are the following sections: Company Law and Securities: “Recent Developments in Corporate and Securities Law” – Bob Baxt AO; New Zealand and Other Jurisdictions: “Papua New Guinea’s consumer and competition framework review” – Andrew F Simpson and Brent Fisse; “Concentrated News Media Ownership after the NZME/Fairfax Merger” – Rex Ahdar.
The latest Part of the Australasian Dispute Resolution Journal includes the following articles: “The Dispute Resolution Lag in Australia: The Time to Be Aggressive Is Now” – Tracy Albin; “Effectively Managing the Impact of Family Violence on Mediation in the Family Law Context” – Sian Green; “International Tax Treaty Arbitration – Fighting an Uphill Battle in the Global Arena” – Michelle Markham; “Inclusiveness or Tokenism? Culture and Mediation in New Zealand’s Dispute Resolution Statutory Regimes” – Grant Morris and Katie Alexander; “Towards a Practical Model to Improve Outcome Acceptance in Dispute Resolution” – A J Orchard; “Improving Dispute Resolution in the Financial System” – Ian Ramsay; “With Great Power There Must Also Come Great Responsibility: Reining in Unbridled Expert Determinations” – Alisa Taylor. It also contains Case Notes: “Costs Order Against Non-Attending Party to Mediation, Costs for Breach of Confidentiality, and Mediation Media Watch” – Professor David Spencer.