The latest issue of the Australian Law Journal (Volume 85 Part 8 ) contains the following material:
Does judicial independence matter? – Hon Marilyn Warren AC
This article explores the concept of judicial independence in a contemporary Australian context. It ponders the meaning of judicial independence and its relationship with the rule of law. It examines the role of judicial independence in the protection of human rights. The article considers the constitutional foundations and protections of judicial independence in Australia, at State and federal levels. It reflects on the modern threats to judicial independence, such as the manner in which courts are funded and resourced and the pressures on judges arising out of media portrayal of the courts. The article concludes that judicial independence continues to be a central pillar of a free and democratic society.
The privatisation of civil justice – Peter L Murray
Civil justice, traditionally considered a function of democratic government, has had, it is argued in this article, its decision-making function largely supplanted by a system of dispute resolution by private, profit-making actors and agencies, relating to both arbitrators and mediators. This development, allowed to thrive in an atmosphere of deregulation, is explored in this article. The author highlights issues such as the delegation of public power, lack of transparency, the danger of impartiality, the subtle influence of repeat players and inequality in bargaining power, raising serious issues about civil justice and even the rule of law, before briefly offering possible solutions.
Australia’s offshore Constitutional law: Time for revision? – Michael White and Nick Gaskell
The seas off the Australian coast are governed by a matrix of Commonwealth, State and Northern Territory laws that are in serious need of revision. These laws are jumbled, overlap geographically and by activity and are generally complex and inefficient. Following a major 1975 High Court case, decided in favour of the Commonwealth having jurisdiction offshore from the low-water mark or historic boundaries, the 1979 Offshore Constitutional Settlement was agreed with the States. This article examines the operation of the Offshore Constitutional Settlement and proposes a reconsideration of the division of jurisdiction between the Commonwealth and the States by discussing various possible models. Prior to any changes there needs to be a full and far-reaching inquiry the reports from which would lay a sound basis for offshore constitutional legislative change.
CURRENT ISSUES – Editor: Mr Justice P W Young AO
- New Section: Admiralty and maritime
- Suitability for the Bench
- Has the Victorian Bill of Rights failed to deliver its promise?
- Sharia law in Australia Stand against crime
- Is time billing a health risk?
- Lack of country lawyers
CONVEYANCING AND PROPERTY – Editor: Peter Butt
- Selling mortgagee under no statutory duty to pay surplus proceeds to subsequent unregistered mortgagee
- The “payment-in” rule when a mortgagor seeks to restrain a mortgagee’s sale
- Injunction to demolish building in breach of restrictive covenant
- Possessory title to house
- But no possessory title to road
- Chain of adverse possessors
ADMIRALTY AND MARITIME – Editor: Dr Damien J Cremean
- Origins of admiralty jurisdiction
RECENT CASES – Editor: Mr Justice P W Young AO
- Marine insurance: Inherent vice
- Property loss damages
- Capacity to make a gift
- Consent in assault cases
- Lender’s damages: Negligent valuation
- Who is the Labor Party?
BOOK REVIEWS – Editor: Angelina Gomez
- International Commercial Arbitration: An Asia-Pacific Perspective by Simon Greenberg, Christopher Kee and Romesh Weeramantry
- Roderick Pitt Meagher
For the pdf version of the table of contents, click here: ALJ Vol 85 Pt 8 Contents.