*Please note that the links to the content in this Part will direct you to Westlaw AU.
The latest issue of the Australian Law Journal (Volume 88 Part 11) contains the following material:
CURRENT ISSUES – Editor: Acting Justice Peter W Young AO
- The cost of case management: Is it worth it?
- Costs of preparing the court book
- Bring back praemunire
- Umpire’s decision should be final
- Four- and six-person juries
- Have the Queen’s highways become stable yards?
CONVEYANCING AND PROPERTY – Editor: Peter Butt
- Purchasers’ repudiation, notices to complete, and damages
- Vendor’s sale illegal
- Defaulting purchaser recovers deposit
CRIME AND EVIDENCE – Editor: Justice Phillip Priest
- Disuniform approaches to the Uniform Evidence Act?
AROUND THE NATION: NORTHERN TERRITORY – Editor: Hon Dean Mildren AM RFD QC
- Supreme and Federal Courts Judges’ Conference 2014
- New silks?
- Fraud in criminal proceedings
- A new Local Court
ADMINISTRATIVE LAW – Editor: Justice Melissa Perry
- Unfairness in practice: Recent decisions in migration: Part 1
AROUND THE NATION: WESTERN AUSTRALIA – Editor: Justice Kenneth Martin
- Open justice in Western Australia
PERSONALIA: – Editor: Sienna Merope
- Justice Jonathan Beach
- Justice Jennifer Davies
- Justice Jacqueline Gleeson
- Justice Debbie Mortimer
- Justice Tony Pagone
- Justice Melissa Perry
- Justice Richard White
- Justice Michael Wigney
- Chief Justice Timothy Carmody
- Chief Justice Paul de Jersey AC QC
CORPORATIONS AND SECURITIES – Editor: Robert Baxt AO
- Senate Economic References Committee: Update
INTERNATIONAL FOCUS – Editor: Ryszard Piotrowicz
- Forcing forced labour onto the agenda
RECENT CASES – Editor: Acting Justice Peter W Young AO
- Can an executor or administrator be removed without necessity for revocation of grant?
- “Fraud on the market” theory survives in the United States Supreme Court
Equity: The soul and spirit of all law or a roguish thing? – Lehane Lecture 2014 – Lord David Neuberger
This speech, by a leading English equity lawyer, now President of the English Supreme Court, makes the case that equity is alive and well in England and that there have been at least nine leading equity cases decided by the Supreme Court in the recent year. It also makes the point that some revered equity judges whose judgments display an impressive and intimidating confidence, appear, when tested by the passage of time, to have demonstrated a lack of consistency and a fallibility which did not quite justify that confidence. Many of them have occasionally been judicial Pied Pipers leading future generations of judges into mountains of error where they rested for a long time.
The High Court’s recent decisions in X7 v Australian Crime Commission (2013) 248 CLR 92, Lee v New South Wales Crime Commission (2013) 87 ALJR 1082 and Lee v The Queen (2014) 88 ALJR 656 address the scope of certain statutory compulsory examination powers in crime commission investigations and recovery of proceeds of crime proceedings. These decisions also explore the extent to which the “accusatorial” nature of criminal justice influences the interpretation of those powers. Importantly, it is likely that the compulsory examination powers of other statutory agencies, like the Australian Competition and Consumer Commission, will be affected by these recent decisions. This article examines the extent to which the “accusatorial” principle of criminal justice is likely to affect the proper construction of the Australian Competition and Consumer Commission’s compulsory examination power. Specifically, this article considers the extent to which oral evidence obtained compulsorily by the Commission can be used, both directly and indirectly, in investigating and prosecuting the individual who gave that evidence.
For the pdf version of the table of contents, click here: WAU – ALJ Vol 88 Pt 11 Contents.