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The final Part of Volume 22 of the Australian Intellectual Property Journal includes articles on graduated response schemes and the question of parental liability; authorisation under copyright law and “the nature of any relationship”; and the US Innovative Design Protection and Piracy Prevention Act as a model for fashion design protection in Australia. Not to be missed!
The May issue of the Company and Securities Law Journal includes articles and sections on a range of topics of interest. This Part has two articles which look at the extensive reforms which have taken place in the small loans sector and voluntary administration and the protection of employee entitlements. The sections include notes on circumstances giving rise to a claim, takeovers and public securities, proportional increase in holding, fraud in Chinese reverse mergers, the Singapore Companies Act and much more.
The last Part of Volume 21 of the Journal of Judicial Administration includes three interesting articles on various aspects of law. The first article comes from David Caruso discusses proposed reforms for the cross-examination of child witnesses and the reception and treatment of their evidence. The second article is by Kathy Douglas and discusses the views of mediators about models of tribunal practice and the degree to which mediators improvise around a model. The final article, by Andrea de Smidt and Kate Dodgson, looks at the approach to legal practice taken by the Queensland Public Interest Law Clearing House to achieve the best outcomes for clients with the minimum of resources.
The latest Part of the Northern Territory Law Journal includes an article by George Williams AO which addresses the place of the Northern Territory under the Australian Constitution, and the status of Territorians as “secondclass citizens”.. This Part also includes an article by Patrick Bolton which considers the development and juridical basis of a doctor’s duty of care after Young v Central Australian Aboriginal Congress Inc and argues that its extension to preventable conditions is both contrary to principle and unachievable. There is also a “Current Issue” section looking at the content of double jeopardy in Crown appeals and a “Case notes” section.
This abstract is taken from the Journal of Law and Medicine, Volume 19, Part 3 (March 2012), from the section “Complementary Health Issues”. Click here to read the full article. Death by Homoeopathy: Issues for Civil, Criminal and Coronial Law and for Health Service Policy by Ian Freckelton Homoeopathy has a significant clinical history, tracing its roots back to ...more
The June issue of the Journal of Law and Medicine is a special issue on Donor Conception in the context of assisted reproductive technology. Guest edited by Sonia Allan, a Senior Lecturer at Deakin University, the issue contains a range of articles canvassing the complicated and controversial issues associated with donor conception, particularly in regards to the rights of donor-conceived persons.
EXCERPT FROM WR (AUTUMN 2012) Jeff Phillips On the Case* Normally this section of Workplace Review analyses a recent employment law decision and the consequences which may flow from it. There is a departure of that tradition. This article invites the employers in certain industries to stop complaining about penalty rates and embark upon applications ...more
CASE NOTES EXCERPT FROM NTLJ (APRIL 2012)* For the second time in seven months, the Supreme Court has prevented an autopsy being performed on an Aboriginal person for cultural beliefs, first in Raymond-Hewitt v Northern Territory Coroner  NTSC 9417 and now in Evans v Northern Territory Coroner  NTSC 100. In both cases, the ...more
The May 2012 issue of the Australian Law Journal publishes an article by Keith Mason examining how the functions and powers of intermediate appellate courts differ from those of the High Court and an article by Hon Justice James Douglas surveying the current position of English law as a source of Australian law, areas of divergence in the common law and statute law and recent developments in English law as it has been affected by European law. Also in this Part are a range of interesting section notes covering such diverse topics as the role of prosecutors, priority in equity, action in rem, estoppel and legal profession discipline, plus much more!
FAMILY LAW EXCERPT FROM ALJ (APRIL 2012)* It is trite law that unless legislation provides to the contrary, a parent is the natural father or mother of a child (see eg Miller v Miller  2 NZLR 380 at 383). In other words, the primary meaning of “parent” is a biological parent (B v J ...more