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The latest issue of the Australian Law Journal (Volume 88 Part 8 ) contains the following material:
The individual judge – Hon Justice Susan Kiefel AC
This article explores the relationship between judicial independence, individualism and judgment writing. While it is the duty of a judge who disagrees with his or her colleagues to express that disagreement, the issue is more complicated where a judge does agree, but nevertheless deems it necessary to write separately. The current practice of the High Court of Australia encourages the production of joint judgments, without judges having to publish a separate concurrence. Although not suggesting that judges in appeal courts should never write separately from their colleagues, the article considers the reasons for favouring the production of joint judgments, rather than multiple separate judgments.
The law of deeds is of ancient provenance but continues daily to throw up difficult questions with respect to their meaning and enforceability. Recent authority has considered fundamental issues with respect to when a deed is “delivered”, what effect a recital in the deed has, and how it should be attested. The great attractions of using a deed to give effect to a contractual or proprietary intention means that the maker must take constant care to keep in the forefront of the mind those formalities and special rules which affect deeds and their validity.
The prerogative writs and the origins of English administrative law – Clare Langford
This article outlines the development of the prerogative writs, focusing on the writs of prohibition, certiorari, mandamus and habeas corpus, and their contribution to the shape of Anglo-Australian administrative law. These writs were the remedies which gave meaning to the maxim, expressed as early as the 13th century, that the King was under the law. In the 17th century, they permitted lawyers to enforce a particular conception of the English Constitution which has influenced the structure of Australian public law to a great degree. At the same time, these common law remedies offered inadequate protection against governmental excesses in the absence of institutional reform; most importantly, the formalisation of judicial independence.
CURRENT ISSUES – Editor: Acting Justice Peter W Young AO
- Class actions
- Police doing too good a job
- Other new statistics
- Role of an Attorney-General
- Anti-terrorism laws and liberty of the subject
- Evidence of conversations
- Appointment of Assistant General Editor
CONVEYANCING AND PROPERTY – Editor: Peter Butt
- Moot point: Garnishee orders served on purchasers by Commissioner of Taxation
- Fraud, joint tenancies and the torrens system
- Joint tenancies and stolen money
AROUND THE NATION: NORTHERN TERRITORY – Editor: The Honourable Dean Mildren AM RFD QC
- Marriage law in Madayin
CORPORATIONS AND SECURITIES – Editor: Robert Baxt AO
- The “clash” between Rules of Corporate Governance and the law
INTERNATIONAL FOCUS – Editor: Ryszard Piotrowicz
- Killing whales: Japan’s scientific research no longer putting food on the table
OVERSEAS LAW – Editor: Colin Picker
- What’s in a name? Recent developments in Brazilian private international law
RECENT CASES – Editor: Acting Justice Peter W Young AO
- Vendor and purchaser: Damages for non-completion
- Donatio mortis causa: Whether principle applicable to land
- Crime: Phone hacking – Is it relevant that the hacking took place after the message was read but was retained on voicemail?
- Trustees: When to seek judicial advice
- Solicitor’s negligence: Obligation on solicitors to provide business people with a simple explanation of documents they draft
- Solicitors’ immunity from suit: Alleged negligence at mediation
- Crime: Significance of mistake in indictment referring to wrong section
- The Honourable Bruce Harvey McPherson CBE
For the pdf version of the table of contents, click here: WAU – ALJ Vol 88 Pt 8 Contents.