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Thomson Reuters is pleased to announce the appointment of Professor Helen Anderson as editor of the Insolvency section in the Company and Securities Law Journal. Associate Professor Helen Anderson holds an LLB (Hons) from the University of Melbourne, as well as a Grad Dip Bus (Acc), LLM and PhD from Monash University. She worked in ...more
The latest Part of the ADRJ includes the following material: “International arbitration in Australia: 2013/2014 in review” – Albert Monichino QC and Alex Fawke; “Lawyers behaving badly in mediations: Lessons for legal educators” – Donna Cooper; “Insights from Australian mediators about mediation and access to justice” – Mary Anne Noone and Dr Lola Akin Ojelabi; “Mediation in a cross-cultural setting: What a mediator should know” – Kelvin Lau; and “Mirror, mirror on the wall, is there no r(e)ality in neutrality after all? Re-thinking ADR practices for Indigenous Australians” – Neha Sharma. There is also a Case Note: “Whether coercion by a solicitor in mediation is the subject of advocate immunity and mediation media watch” – David Spencer.
The latest Part of The Queensland Lawyer includes the following article: “When can a tenancy be terminated under s 129 of the Property Law Act 1974 (Qld)?” – WD Duncan and the following sections: Commercial Law: “The effectiveness of a donee’s signature on a contract of guarantee under a power of attorney in binding the donor to the contract: Nielsen v Capital Finance Australia Ltd  QCA 139” – Dr Clive Turner; Conveyancing and Property Law: “Compensation sought for an improper caveat” – Dr Bill Dixon; and “Black Diamond Group Pty Ltd v Manor of Maluka Pty Ltd  QSC 219” – Adam Khan; Criminal Law: “Aboriginality and deprived backgrounds as factors in sentencing” – AM West; Health and Guardianship Law: “Guardianship and administration application in the matter of MDC  QCAT 338” – Dr Malcolm Smith; Industrial Law: “Goldsborough v Bentley  QSC 141: Direction of the coroner to answer a question relating to the decision not to prosecute” – Dr Kristy Richardson; Book reviews: “Australian Anti-discrimination Law” by Neil Rees, Simon Rice and Dominique Allan – reviewed by Frances Sanders; and “Social Work in the Shadow of Law” by Simon Rice and Andrew Day – reviewed by Jessica Dale; and a Report: Madsen v Pope (Procedure, Equity, Limitation of actions).
The latest Part of the Family Law Review includes the following material: “Can Part VII of the Family Law Act do what is asked of it?” – Helen Rhoades, John Dewar and Nareeda Lewers; “A national approach to manage vexatious litigation: New powers under the Family Law Act” – Robert Benjamin; and “Do members of a class of beneficiaries of a discretionary trust have a “right” to documents which can be enforced in the Family Court?” – Richard Ingleby. There is also an International Family Law section and a Recent Cases section with notes on the following cases: SCVG v KLD (Shared parental responsibility – Equal or substantial and significant time); Gludau v Gludau; Gludau v Gludau (No 2) (Property – Wrong assessment of contributions – Restitution); Langer v Griffin (Property – Contravention order – Prison sentence).
The latest Part of the Australian Intellectual Property Journal includes the following material: “Repeatability or reproducibility in Australian patent law” – Ben McEniery; “Re-evaluating innocent infringement in Australia: Patent numbers and virtual marking” – Johnathon E Liddicoat; “Trade mark use and misleading advertising in Google AdWords: A comparative analysis of search engine liability in Australia and Europe” – James Alexander Longden; Case Note: Halal Certification Authority Pty Ltd v Scadilone Ltd  FCA 614.
The latest Part of the Australian Law Journal includes the following material: “The anti-deprivation rule in Australia” — Nishad Kulkarni; “Response to the 2013 Whitmore Lecture by The Hon Wayne Martin AC, Chief Justice of Western Australia” — Chris Wheeler; Current Issues, Conveyancing and Property, Around the Nation: Victoria, Admiralty and Maritime, International Focus, Recent Cases, Book Reviews and an Obituary of Hon John Patrick Slattery AO KGCSG QC.
The latest Part of C&SLJ includes the following material: “Injunctions and damages under s 1324 of the Corporations Act: Will McCracken v Phoenix Constructions revive the narrow approach?” – Victoria Schnure Baumfield; “Kumarina and bidders voting in transfer schemes” – JS Humphrey; ” “Unashamedly more interventionist” courts and the fading significance of a director’s state of mind” – Kane Loxley; and Overseas Notes: Hong Kong, Singapore and Malaysia: “Corporate social responsibilities in the context of Confucianism” – Charles Lam and SH Goo.
The latest Part of the Insolvency Law Journal includes the following material: “Equitable set-off: Principles, application and exclusion by contract” – Dr Vicky Priskich; “A framework for analysing the joint carrying out of “a business, a scheme or an undertaking”” – Kelvin Tran; Recent Developments: “The importance of being direct “for the benefit of” unreasonable director-related transactions” – Brenton Devanny; and Report from New Zealand: “Recent authorities on creditors’ applications to have a liquidator appointed” – Lynne Taylor.
The latest Part of the Australian Business Law Review includes the following material: “Uncovering the roots of Australia’s misuse of market power provision: Is it time to reconsider?” – Katharine Kemp; “Corporate whistleblowing: Public lessons for private disclosure” – Sulette Lombard and Vivienne Brand; ““Flogging a dead horse”: Artificial insemination, breeding standards and antitrust” – Shirley Quo; “Should the practical benefit principle extend to contract formation?” – Mark Giancaspro; Consumer Dealings: “Inquiry into Micro-economic reform in Western Australia” – Chris Field and Tracey Atkins; Privacy: “A seed on barren ground? the ALRC’s recommendation for a statutory privacy tort” – Normann Witzleb; and book reviews of “The Construction and Performance of Commercial Contracts” by S A Christensen and W D Duncan and “The Law of Affıdavits” by John Levingston (both reviewed by Peter Lithgow).
The latest Part of Workplace Review includes the following material: “Nine things you need to know about the Royal Commission into Trade Union Governance and Corruption” – Sara Hopkins and Longzhen Han; “Retirement of Commissioner Deegan from FWC” – James Macken; “Commonwealth Bank of Australia v Barker: High Court rules out the implication of the term of mutual good faith and confidence” – Daniel O’Sullivan; “When it is no longer a happy union, should trade union divorces be “just, quick and cheap”? What would Tolstoy and Lionel Murphy say?” – Jeffrey Phillips SC; Focus on Queensland: “Chivers v Queensland – genuine occupational requirement” – Geraldine Dann; Focus on Victoria: “Parsing the mind of the decision-maker – is Barclay the final word?” – Steven Moore; Interview: “Justice Glenn Martin: “Brisbane’s finest” brings a dose of humour to the industrial court” – by Steven Andrew; Common Law and General Protections: “The death knell of the duty of trust and confidence but hope for good faith remains?” – Victoria Lambropoulos; The Last Word and Diary.