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The latest issue of the Australian Law Journal (Volume 88 Part 5) contains the following material:
A response to Professor Finn’s “Fiduciary reflections” – Andrew Eastwood and Luke Hastings
Given his status as one of the most respected commentators in Australia on fiduciary law, the latest contribution by Professor Paul Finn (Fiduciary reflections (2014) 88 ALJ 127) is very much to be welcomed. His article provides food for thought in a number of important areas. The purpose of this article is not to comment generally on the matters raised by Professor Finn in his article, but rather to respond to the criticisms that Professor Finn makes of the decision of Jacobson J in Australian Securities & Investments Commission v Citigroup Global Markets Australia Pty Ltd [No 4] (2007) 160 FCR 35, and, more briefly, the New South Wales Court of Appeal’s decision in Streetscape Projects (Australia) Pty Ltd v City of Sydney (2013) 295 ALR 760.
The principle in Suttor v Gundowda Pty Ltd (1950) 81 CLR 418 provides for an essentially uniform construction of contractual provisions which are intended to bring about an automatic or self-executing termination of a contract, upon the happening of an event that may be caused by the default of one or both of the parties. This article argues that the principle in Suttor should be re-evaluated on the basis that it is not well adapted to achieve the policy goals which underpin it. In its place, the courts should directly apply the rule or presumption that a party may not take advantage of their own wrong.
Under the oak tree: Institutional reform in the deep north – Andrew Trotter and Harry Hobbs
Strong institutions are a prerequisite to good governance and a critical aspect of the rule of law. The independence of a legally qualified judiciary and the transparency and accountability of government are the cumulative result of many centuries of progress. Recent reforms to the legislature, the judiciary, and the Executive in Queensland place these important principles under threat. This article places these reforms in their historical context to illustrate that they weaken the institutions of the state in a manner inconsistent with the course of history.
CURRENT ISSUES – Editor: Acting Justice Peter W Young AO
- Fear and justice
- The nominate reports
- Lord Kenyon and crime
- Slackness in probate work
- Judgment writing
- Should we revive the defence of multifariousness?
- Ambiguous words
CONVEYANCING AND PROPERTY – Editor: Peter Butt
- The x-factors: What makes a contract not unjust?
- Of possession, rates and statutory construction
- Adverse possession
- Status of unregistered leases: What protections can a purchaser require?
OVERSEAS LAW – Editor: Colin Picker
- Digital video streaming in the United States Supreme Court: American Broadcasting Commission v Aereo
INTERNATIONAL FOCUS – Editor: Ryszard Piotrowicz
- Women, peace and security
RECENT CASES – Editor: Acting Justice Peter W Young AO
- Admiralty: Mortgagee’s powers when ship under arrest
- Issue estoppel: Property damage proceedings in small claims court
- Communicating with the court
- Fiduciaries and constructive trusts
For the pdf version of the table of contents, click here: WAU – ALJ Vol 88 Pt 5 Contents.