The latest issue of the Australian Law Journal (Volume 86 Part 7) contains the following material:
Common law pleadings in New South Wales and how they got here – John P Bryson
This article describes the principles of common law pleadings as applied in the Supreme Court of New South Wales prior to the adoption in 1972 of the Supreme Court Act 1970 (NSW) procedures.
This article considers the precedential status in the Federal Magistrates Court (FMC) of decisions by the Federal Court. In this respect, the Federal Court raises complex questions for the doctrine of precedent. In addition to hearing appeals from the FMC, it has original jurisdiction and further appellate jurisdiction. Does its other work also bind the FMC? Two Full Courts have considered the question and pointed to different answers. This article submits that, by applying a rule of precedent concerning the Privy Council, the FMC is bound at all times. Further, it is bound by both rationes decidendi and authoritative obiter. However, the FMC has significant latitude to depart from Federal Court decisions for inconsistency with other authorities.
The recent UK Supreme Court decision in Lucasfilm Ltd v Ainsworth  1 AC 208 offers much-needed exposition of an area of conflict of laws with significant commercial import: the justiciability of foreign intellectual property law. The last time this issue came before the Australian High Court was 1906, and a review is timely. This article advocates a view of the UK Supreme Court’s decision that is compatible with international trends in intellectual property enforcement as well as Australian precedent. The article concludes that the validity of foreign registrable intellectual property rights (such as patents) should remain non-justiciable for reasons of comity and non-interference in the sovereign affairs of foreign states. However, Lucasfilm leads the way in clarifying two key points. First, that there is no reason to preclude the justiciability of foreign intellectual property claims not going to validity. Moreover, in the case of non-registrable foreign intellectual property rights, such as copyright, even validity may be a suitable issue for adjudication by a local court.
CURRENT ISSUES – Editor: Acting Justice Peter W Young AO
- The Crime Stoppers saga
- Papua Nuigini
- Non-violent violence
- One law for Australia
- Criminal law: Avoiding prejudice to minorities
- News and views
- Comfort for the elderly
CONVEYANCING AND PROPERTY – Editor: Peter Butt
- Adjustment of contributions in strata management statements
- Mortgagee’s duty on sale: A plea for statutory uniformity
FAMILY LAW – Editor: Anthony Dickey QC
- Law of names
- Acting for both parties
RECENT CASES – Editor: Acting Justice Peter W Young AO
- Bailment: Whether bailor has a duty to disclose the goods are not insured
- Wills: Signed by direction of testator – Requirements
- Immoral arrangement: No relief given by the courts
- Corporations: Pre-emption articles – Process of obtaining “fair value” of shares
- Wills: Muslim testatrix – Will in standard islamic form – Capacity
- Valuers: Negligence – Measure of damages
For the pdf version of the table of contents, click here: ALJ Vol 86 Pt 7 Contents.