Coming up in August from the Journals Team…

The following is a brief look at some forthcoming articles from various Thomson Reuters journals in August:

Journal of Judicial Administration – Vol 23, Pt 1

In this issue of the Journal of Judicial Administration, Chief Justice Robert French AC reflects on the task of defining courts and distinguishing them from other decision-making bodies.  In his article – “The Essential and Defining Characteristics of Courts in an Age of Institutional Change” – Chief Justice French outlines the reasons why it is important to identify the defining attributes of courts and discusses the key matters of judicial power, separation of powers and decisional independence.

Also in this issue, the challenges posed to the courts and the judiciary by social media are examined in two articles:

Marilyn Krawitz addresses the use of social media by judges in her article – “Can Australian Judges Keep Their ‘Friends’ Close and Their Ethical Obligations Closer? An Analysis of the Issues Regarding Australian Judges’ Use of Social Media”

Lorana Bartels and Jessica Lee consider the use of social media by jurors during the trial and deliberation process in their article – “Jurors Using Social Media in Our Courts: Challenges and Responses”

Rounding out the issue is “The Constitutionality of Minimum Mandatory Sentencing Regimes – Part II” by Anthony Gray and Gerard Elmore. In a 2012 issue of the Journal of Judicial Administration, Gray and Elmore argued that there were real constitutional questions surrounding the increased use of minimum mandatory sentencing regimes. In 2013, Andrew Hemming wrote a rejoinder challenging aspects of the authors’ reasoning in the earlier article. In the interests of public debate on such an important contemporary and contentious public issue, the authors now  respond to Mr Hemming’s rejoinder.

Company and Securities Law Journal – Volume 35, Part 5

The forthcoming issue of CSLJ will feature the following articles:

  • “A year with the Personal Property Securities Act 2009 (Cth): The Personal Property Securities Register, amendment demands and judicial proceedings” by Nicholas Mirzai
  • “Equitable remedies for participation in a breach of directors’ fiduciary duties: The mega-litigation in Bell v Westpac” by Dan Butler
  • “Directors’ fiduciary duties and oppression in closely-held corporations” by Ryan J Turner

The section notes will include: Current developments – Legal and administrative: The dangers of asking the courts to ‘rubber stamp’ settlements by ASIC by Robert Baxt AO;   Takeovers and public securities: ‘Disposal’ standstills: An emerging trend for public M&A transactions? by Alberto Colla; and Bid rigging and misleading conduct in M&A: Vendors and purchasers beware by Jonathan Farrer and Jackie Mortensen; and  Directors’ duties and corporate governance: Oppression proceedings and trust remedies: What are the limits? by Braydon Heape.

Building and Construction Law Journal – Volume 29, Part 4

Some interesting articles are coming up for August, including:

  • Matthew Broderick’s look at the the Personal Property Securities Act 2009 (Cth) and its effect on construction law and the industry
  • Common exclusions to liability caps in construction contracts: Gross negligence, fraud and wilful misconduct By Roman Rozenberg and Cameron Ross
  • Rami Marginean looks at cases where subsequent purchasers of buildings suffer pure economic loss as a result of latent defects in the property caused by the negligence of the original builder.

Criminal Law Journal – Volume 37, Part 4

Kate Warner and Julia Davis look at the results of  a sentencing study completed in Tasmania investigating jurors’ thoughts on whether they should be involved in the sentencing process, a debate revived by a recent proposal to allow juries in Victoria to recommend a minimum non-parole period.

Kate Lewins and Nick Gaskell examine the many questions that arise when criminal acts are committed at sea on cruise ships, in particular the often dicey issue of jurisdictional claims to investigate and prosecute. They discuss various jurisdictions’ domestic law, as well as the recent Diane Brimble case, and its influence in the move towards regulation of the cruise ship industry in Australia.

Anita Killeen writes about the recent New Zealand Supreme Court case Field v The Queen [2011] NZSC 129, and discusses its implications for law against bribery and corruption in New Zealand.

Australian Tax Review – Volume 42, Part 3

In the August edition of AT Rev, Peter Bobbin describes the circumstances surrounding superannuation interest – as an investment strategy, is it protected from Revenue, or not? Can a taxpayer shape his or her superannuation to shield it  from a potential ATO garnishee?  Also, Dale Boccabella examines CGT event K7 and its provision for loss recognition for personal consumption expenditure, and the law’s evolution regarding this issue over time.

Watch for the Table of Contents update for each issue as it is published.

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