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The August issue of the Criminal Law Journal includes an interesting mix of articles and sections. The first article comes from John Nicholson SC and examines four assumptions underpinning current sentencing practices and questions their validity. The second article, by Patrick Leader-Elliott, considers a number of questions about the interpretation of the South Australian prescribed non-parole period scheme which have led to conflicting judgments at the appellate level. The final article is by Jonathan Clough and questions when viewing online images constitutes possession, while discussing the nature of possession in the criminal law, and its application to digital images. There is also an Editorial, a Phillips’ Brief and a Digest of Criminal Law Cases.
The latest Part of The Tort Law Review includes articles on Lord Atkin’s neighbour principle and whether it has any role to play in modern law, an examination of what events qualify as acts of God and what is the main distinction between them and coincidences with relation to intervening causation issues, the doctrine of waiver of tort in contaminated land litigation, and the law of nuisance as a means of protecting against unreasonable interferences with the use of land, including those caused by harms to the environment. Not to be missed!
The latest Part of the Australian Law Journal includes the following articles: “Legal professional privilege: A parochial doctrine?” – Dr R J Desiatnik; “Do you waive privilege by pleading reliance?” – Andrew Eastwood; and “Intervention in constitutional cases” – Angel Aleksov. Also included in this Part are a variety of sections covering a range of topics, such as provocation, privacy, secrecy of press sources, leases and the principle of uncertainty, trust assets, extra-territorial jurisdiction, Dodd-Frank reforms, diplomatic immunity, equitable estoppel and wills. There are also several book reviews and an Obituary of Sir Zelman Cowen AK, GCMG, GCVO, Kt, PC, QC.
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “Reflections on judgment writing” – Hon John Doyle AC; “Dealing with querulous litigants – part one” – Judge Roderick Joyce QC and William Fotherby; “Justice and efficiency – the Federal Court Case Management Handbook” – BC Cairns; and “Case appraisal and neutral evaluation: The creation of objective standards for negotiating settlement of protracted civil disputes” – Mark J Rankin. There is also a Comments sections covering such topics as special property; practical litigation; summary judgment and discovery rules, plus much more.
The latest Part of the Australian Law Journal includes an article by John P Bryson which describes the principles of common law pleadings as applied in the Supreme Court of New South Wales prior to the Supreme Court Act 1970 (NSW); an article by Oliver Jones that considers the precedential status in the Federal Magistrates Court of decisions by the Federal Court; and an article by Rachel Mansted which discusses jurisdiction over foreign intellectual property law. Also in this Part are several sections: Current Issues; Letter to the Editor; Conveyancing and Property; Family Law; and Recent Cases.
By Pierre De Vos The following paragraphs are extracted from a comment published in the June 2012 issue of the Public Law Review.* Former Chinese Premier Zhou Enlai is reported to have told then American President Richard Nixon in 1972 that it was “too early” to assess the implications of the French revolution of 1789. ...more
The August issue of the Australasian Dispute Resolution Journal (Volume 23.3) is a special edition dedicated to examining the teaching of alternative dispute resolution (ADR) in universities, and the promotion of students’ well-being. The articles all originated from RMIT’s Forum, ADR in Legal Education and Promoting Student Well-being, held on 20-12 February 2012 at RMIT ...more
The latest Part of the Environmental and Planning Law Journal includes articles on the relationship between international law and the Water Act 2007 (Cth) and the Murray-Darling Basin Plan; the role that the High Court has played in resolving disputes regarding the Murray River; the significance of ICM Agriculture Pty Ltd v Commonwealth in the evolution of s 51(xxxi) of the Australian Constitution; the efficacy of legislation intended to prioritise the environment; and the legal framework for water trading in the Murray-Darling Basin.
The August 2012 issue of the Building and Construction Law Journal includes an article by JE Lunn which proposes various methods by which traditional dispute resolution procedures may be modified to improve efficiency; an article by Richard Manly SC considering the benefits that a liquidated damages clause can provide to contracting parties from practical, commercial and economics perspectives; and an article by Thomas Denehy and Paula Gerber which provides a comparative study of dispute avoidance procedures in use around the world to determine what constitutes world’s best practice when it comes to the prevention and management of construction disputes. There is also a Book Review and a Report.
The latest Part of the Local Government Law Journal publishes an article by Peter Williams arguing for consistency of State government policy in the area of property and development rights, and that, irrespective of State government intransigence, effective transferable development rights schemes are possible. It also includes an article by Sarah Withnall Howe which discusses how the multiple heads of local government within WA hinders the monitoring of local government corruption issues. There is also a Digest of Cases and Merits Appeals section.