*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 12) contains the following material:
CURRENT ISSUES – Editor: Acting Justice Peter W Young AO
- Appearance in court by telephone
- Thomson Reuters in the United States
- The Australian court system
CONVEYANCING AND PROPERTY – Editor: Peter Butt
- When is land “used or occupied”?
- “Fair wear and tear”
- Torrens title documents “having the effect of” deeds
FAMILY LAW – Editor: Anthony Dickey QC
- A lacuna in the provisions for financial agreements between de facto partners
- Do limited duration marriages come within the scope of the marriage power?
- Origin of the claimed “rule of thumb”
ENVIRONMENTAL LAW – Editor: Justice Rachel Pepper
- Federal environmental policy
- Significant environmental decisions of the Federal Court
- Repeal of Queensland’s Wild Rivers Act
- Third party objector rights to challenge proposed mining projects curtailed in Queensland
- Conflicting land use case between rural neighbours in Western Australia dismissed
- Reprieve for Western Australia’s sharks
- Back to the future with the abrogation of Tasmanian forests “peace deal”
- Power to cancel, refuse, or renew a mining right if applicant is not “fit and proper person” in New South Wales
PERSONALIA – Editor: Clare Langford
- Justice John Edward Griffiths
- Justice Kathleen Farrell
- Justice Duncan James Colquhoun Kerr, Chev LH
- Justice Robert W Gotterson AO
- Justice Gregory Howard Garde AO
ADMIRALTY AND MARITIME – Editor: Dr Damien J Cremean
- Admiralty arrest and innocent passage
OVERSEAS LAW – Editor: Colin Picker
- United States Supreme Court revises fraud on the market presumption for securities class actions
HUMAN RIGHTS – Editor: Simon Rice
- Law and religion in the Victorian Court of Appeal
ADMINISTRATIVE LAW – Editor: Justice Melissa Perry
- Procedural fairness and cultural diversity: Recent decisions in migration: Part 2
RECENT CASES – Editor: Acting Justice Peter W Young AO
- Trusts: Protector of the trust – Ambit of authority
- Negligence: Liabilty of parent company to subsidiaries’ employees
- Racial discrimination: Church not discriminatory for disbanding Samoan-speaking congregations and conducting all services in English
- Impartiality of the judiciary: Judge ought not select the judges who hear an appeal from himself
- Compulsory acquisition: Betterment of retained land to be offset against compensation payable
The defaulting executor – Hon Peter W Young AO QC
An executor who fails to do his or her duty in a proper and timely manner is a nuisance to everyone. This article, which is the text of a speech given to a seminar held by the Law Society of South Australia in November 2013, highlights the problems, and notes how solicitors and the judiciary might deal with them.
Equity’s obligation to perform: Efficient breach and the inadequacy of common law damages – Samuel Kang and James Nguyen
The theory of efficient breach holds that a promisor is free to breach a contract provided the promisor pays damages. This consequentialist approach to contract law ignores or downplays the availability of equitable remedies including specific performance, injunction and account of profits. This article explores equity’s role in the operation of the common law of Australia and the United States in providing contracting parties with recourse to compel performance where a counterparty seeks to breach. While all equitable remedies are discretionary, in a wide range of circumstances, these remedies amount to an obligation to perform in direct contradiction to the theory of efficient breach.
For the pdf version of the table of contents, click here: WAU – ALJ Vol 88 Pt 12 Contents.