Archives by date
You are browsing the site archives by date.
The Spring edition of Workplace Review publishes articles on a wide range of topics including the test for adverse action, workers compensation, recovery of funds that have been misappropriated, gender equity and its implications for productivity, dependent contractors’ leave entitlements, practical jokes at work, emotional intelligence in the workplace plus much more.
The latest Part of the Australian Law Journal includes the following articles: “Cutting the Gordian Knot or entangling it further?” – David Birch and Alice Zheng; “Nominee board members: A duty of confidentiality?” – Laura Free; and “Competing approaches to beneficiary access to trust information: Perhaps not so much of “a fork in the road”” – Thomas Kaldor. There are also several sections included in this Part: Current Issues; Conveyancing and Property; Family Law; Overseas Law; Recent Cases and Book Reviews.
The latest Part of the Local Government Law Journal publishes the following articles: “Amendments to s 97B of the EP&A Act: Amelioration of a poor policy decision or rectification of bad drafting?” – Mark Hamilton; “Meeting the climate change challenge in local government decision-making with the use of sustainable climate change adaptation modelling” – Judith Preston and Jennifer Scott; and “Out of land and out of pocket: An analysis of compensation for disturbance following the compulsory acquisition of land in NSW” – Nicholas Brunton. There is also a Digest of Cases, Supreme Court and Equivalent Decisions and Merits Appeals sections.
The latest Part of EPLJ includes articles on the key principles and concepts of the Carbon Farming Initiative, the consistency of Australia’s Illegal Logging Prohibition Bill with the WTO Agreement, climate change and shareholder activism in Australia, New South Wales’ renewable energy planning law changes and standalone Aboriginal heritage legislation in New South Wales.
The latest Part of ADRJ includes several interesting articles canvassing a wide range of topics, including international arbitration in Australia, the common law requirement of “good faith”, child-inclusive mediation, legal fairness in ADR processes, judicial mediation in Indonesia and the effectiveness of customary arbitration as a peace-making mechanism in Nigeria. There is also a case note, a Vale for Professor Roger Fisher, a review of a DVD of simulated mediation produced by La Trobe University and a book review.
The final Part of Volume 41 of the Australian Tax Review includes three interesting articles on different aspects of taxation law in Australia. The first article comes from Alex Evans and examines a Cabinet document that sheds light on the federal government’s intention in introducing s 95A(2) to the Income Tax Assessment Act 1936 (Cth). The second article, by Rodney Fisher, examines the circumstances under which a court may grant a stay, arguing that such power partially redresses the power imbalance in favour of the Commissioner, and serves the interests of the law by allowing a tax dispute to be resolved. The final article is by Robin Woellner and examines the decision in FCT v Clark and its implications. Not to be missed!
The provocation partial defence to murder by Stephen Odgers The New South Wales Legislative Council has set up a select committee to inquire into the provocation partial defence to murder. The inquiry will consider a number of recent cases where reliance on the defence has generated some public controversy. It will also consider steps taken ...more
Delay and Disruption in Construction Contracts by Keith Pickavance (4th ed, Sweet & Maxwell, 2010), 1274 pages (including index and tables), RRP: £320) Reviewed by John Dorter What a wonderful, well-rounded and in-depth worth this very authoritative text has matured into. The very learned author has given the profession a splendid encyclopaedia on not just his ...more
The latest Part of the Australian Business Law Review publishes the following articles: “A step too far in consumer credit protection: Are external dispute resolution schemes wielding the sword of Damocles?” – Franci Cantatore and Brenda Marshall; “Advertising by professions and the Competition and Consumer Act 2010 (Cth)” – Anthony Gray; “Do deep pockets have a place in competition analysis?” – Rhonda L Smith and David K Round; and “How likely is “likely”? Metcash, counterfactuals and proof under s 50” – Daniel McCracken-Hewson. There is also a Consumer Dealings section and a Franchising section.
The latest Part of the Company and Securities Law Journal includes three interesting articles. The first is by Emma Armson and examines the takeover policy considerations arising where a rights issue involves a high ratio of shares being issued compared to the number of existing shares. The second comes from James Paterson and outlines the parties to whom the AFL Ltd’s board of commissioners owe legal obligations under equitable, fiduciary and statutory directors’ duties, and considers those duties in light of the AFL Ltd’s objectives stated in its constituent documents. The final article is by Helen Wei Hu and On Kit Tam and aims to explore whether the recently developed independent director systems in China and India could be characterised as convergent or divergent.