*Please note that the links to the content in this Part will direct you to Westlaw AU. If you are still using Legal Online, the links can be found in the LOLA PDF at the bottom of this post.
The latest issue of the Australian Law Journal (Volume 87 Part 7) contains the following material:
The judicial herd: Seduced by suave glittering phrases? – Hon Peter Heerey AM QC
Should appellate judges confer between themselves about cases they are hearing? Should they circulate draft judgments? Should each judge give a separate judgment? In an article in the Law Quarterly Review, former High Court justice, the Honourable Dyson Heydon AC QC expresses views on these topics which the present author disputes.
Company directors as “super-fiduciaries” – Michael Pearce SC
This article traces the development of the law of directors’ duties, from its early formulations by the judges of the Court of Chancery, through its successive statutory formulations to the present provisions of the Corporations Act. It considers how, in a series of recent decisions, the courts have used s 180(1) of the Corporations Act to impose liability on company directors for the wrongs of their companies in circumstances where the director has done no more than cause or permit the company to break the law irrespective of any dishonesty or conflict of interest of the director.
The categories of waiver – Jeremy Stoljar
The term “waiver” is often used in legal discourse. Generally it denotes an abandonment or extinguishment of a right of some kind. How and why the abandonment is effected, and its legal consequences, depend on the particular circumstances of the case and the principles responsive to those circumstances as developed in the authorities. In this article 11 different categories of waiver are identified and discussed. Each category is different, each engages different legal principles. There is no overarching independent doctrine of waiver which unifies and explains every use of the term.
CURRENT ISSUES – Editor: Acting Justice Peter W Young AO
- Punishment for false complaints
- Legal aid (New South Wales)
- Working with children
- Useless statistics
- Decreasing crime rates
- Do we spend too much time and energy on sentencing?
- Quiz as to your knowledge of Chief Justices: Can you identify these Chief Justices of Australian Supreme Courts?
- Answers to Quiz
CONVEYANCING AND PROPERTY – Editor: Peter Butt
- Bequeath and devise: Is the difference dead?
- A “contractual” right to distress for rent?
- Right of pre-emption examined and enforced
PERSONALIA – Editor: Sienna Merope
- Hon Justice William Gummow AC (Cth)
- Hon Justice Dyson Heydon AC (Cth)
- Hon Stephen John Gageler (Cth)
- Hon Patrick Anthony Keane (Cth)
OVERSEAS LAW – Editor: Colin Picker
- Internal compliance officers in jeopardy?
RECENT CASES – Editor: Acting Justice Peter W Young AO
- Conveyancing: Time of the essence – Vendor ready to settle on last day but not at time appointed
- How not to write judgments
- Reconsidering a delivered judgment
- The status of clergy and the enforcement of claims against a Church