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The latest issue of the Australian Law Journal (Volume 88 Part 2) contains the following material:
Forewarned and four-armed: Administrative law values and the fourth arm of government – Hon Wayne Martin AC
This article examines whether the ideals of openness, transparency and accountability are embedded in the structure of what has been described as the integrity branch of government. Other commentators have analysed the difficulties of ensuring the transparency and accountability of those integrity agencies with particular responsibilities for maintaining national security or investigating corruption. Noting the proliferation of integrity agencies, their powers and functions, Chief Justice Wayne Martin AC uses the same analytic tools but applies them to integrity agencies more generally, using Western Australia as an example. The Chief Justice argues that the precise role of this developing “fourth arm of government” and its relationship to the traditional checks and balances of a Westminster system of government remain unclear.
Fiduciary reflections – Paul Finn
This article contains the author’s personal reflections on the course of Australian fiduciary law since he first began to publish on it nearly 40 years ago. In the 1980s the High Court provided clear signposts for the future development of the law. Yet despite this we still remain no closer to agreeing upon a simple, intelligible and coherent account of the fiduciary principle and its rationale. It is suggested that we are heading, unnecessarily, in the opposite direction. Recent decisions, particularly of intermediate courts of appeal, have aided this process. Further, the province given the fiduciary principle is artificially small and distorted. Nowhere is this more obvious than in our treatment of our public officials (elected and appointed).
CURRENT ISSUES – Editor: Acting Justice Peter W Young AO
- Where are we going?
- The Bar: Is it as good as it once was?
- A colonial judge is complimented
- What’s happened to university law journals?
CONVEYANCING AND PROPERTY – Editor: Peter Butt
- Torrens ceases to assure: A wake-up call for lenders
- Bank succeeds under “absurd” mortgage
- Builder’s charging clause ineffective
- Charge to secure non-pecuniary obligation?
- Caveats and family provisions claims
- No easement under Wheeldon v Burrows – but easement granted by court
AROUND THE NATION: QUEENSLAND – Editor: John McKenna QC
- Queen Elizabeth II Courts of Law
- Supreme Court retirements and appointments
- The Hon B H McPherson CBE
- Selden Society
- Views of the Executive upon pending court proceedings
OVERSEAS LAW – Colin Picker
- Mergers in China: What’s the story?
ADMIRALTY AND MARITIME – Editor: Dr Damien J Cremean
- Surrogate ship arrest
COMPETITION AND CONSUMER LAW – Robert Baxt AO
- What can we expect from the root and branch review of competition law and policy?
RECENT CASES – Editor: Acting Justice Peter W Young AO
- General warrants: Invalidity
- Marshalling: Inapplicable when no underlying debt
- Deed: Voluntary settlement – Executed by attorney under power – Whether rectification possible if not in accordance with the settlor’s intent
- Chatting with chambers
BOOK REVIEWS – Editor: Angelina Gomez
- The Byers Lectures 2000-2012, by Nye Perram and Rachel Pepper
- Fault Lines in Equity, by Jamie Glister and Pauline Ridge
- Interpretation and Use of Legal Sources – The Laws of Australia, by Perry Herzfeld, Thomas Prince and Stephen Tully
For the pdf version of the table of contents, click here: WAU – ALJ Vol 88 Pt 2 Contents.