*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 89 Part 10) contains the following material:
CURRENT ISSUES – Editor: Acting Justice Peter W Young AO
- General Editor of the ALJ
- Specialist courts
- Self deception
- 150 years of law reporting
- Court delays
- 30 years after the Murphy inquiry
- Language change
CONVEYANCING AND PROPERTY – Editor: Peter Butt
- It’s still buyer beware for building defects
- A road by any other name?
- Dangers lurking in terms contracts
FAMILY LAW – Editor: Anthony Dickey QC
- The propriety of refusing to sign the certificate of advice for a financial agreement
- The Full Court as social engineers
AROUND THE NATION: VICTORIA – Editor: Justice Clyde Croft
- The “temptation of domesticity” and the role of the courts in Australia’s arbitration regime
ENVIRONMENTAL LAW – Editor: Justice Rachel Pepper
- Federal environmental policy
- High Court decision on standing under the ADJR Act
- Significant environmental decisions of the Federal Court
- New State-wide mining assessment policy in New South Wales
HUMAN RIGHTS – Editor: Simon Rice
- The robust fragility of the right to liberty in Australia
COMPETITION AND CONSUMER LAW – Editor: Robert Baxt AO
- Proposed review of Australian Consumer Law
ADMIRALTY AND MARITIME – Editor: Dr Damien J Cremean
- International law of salvage: Past to present and useful result
RECENT CASES – Editor: Acting Justice Peter W Young AO
- Will construction: The proper approach
- The reinterment of King Richard III
- Corporation Law: Disclosure of shareholders’ email addresses?
- Passing off: Is it sufficient that an overseas company has a reputation in England to give it standing for an injunction?
- Mortgages: Relevance of mortgagee’s motives in enforcing security – Ambit of court’s powers to give mortgagor relief against forfeiture
- Trusts: Trustees de son tort – Can there be a trust without property?
- Contract: Fraud – Rescission
Equal justice and cultural diversity: The general meets the particular – Chief Justice Robert French AC
Equality before the law does not necessarily result in equal justice. Equal justice may require different treatment of persons according to the differences between them. As such, it represents a more demanding and controversial standard. This article examines the varying ways in which the substantive law attempts to accommodate cultural diversity through the application of these two concepts of equality. Importantly, however, attempts to address difficulties faced by certain groups in accessing and effectively engaging with the judicial system must also extend to the procedural and administrative aspects of the law. In a demographically diverse nation, achievement of equal justice requires all players in the legal system to be aware of and respond appropriately to the challenges of cultural difference.
The United Nations report on North Korea and the Security Council: Interface of security and human rights – Hon Michael Kirby AC CMG
This article examines the origins of the provisions in the UN Charter 1945, governing resolutions of the Security Council. It traces those provisions ultimately to the Congress of Vienna, 1815 and subsequent developments, including the Covenant of the League of Nations 1920. Both the Covenant and the Charter draw a distinction between “procedural” resolutions and others, so far as the “veto” reserved to the permanent members of the Council is concerned. Invoking this distinction a resolution was adopted by the UN Security Council in December 2014, placing the issue of human rights in North Korea (DPRK) on the Council’s agenda. The resolution followed a report of a UN Commission of Inquiry on DPRK chaired by the author. He examines the utility of the resolution and the way ahead.
Magna Carta in Australia 1803-2015: Law and myth – David Clark
Magna Carta broke free of its medieval roots many centuries ago and by the 19th century came to stand for general propositions about the law and liberty. These included the right to due process, personal freedom and the right to representative government. As a statute only Ch 29 of Magna Carta 1297 currently survives in Australia and, while significant, it does not override contemporary Australian legislation, as some have argued. This article examines the myths surrounding the Charter and argues that these myths have oddly ensured the survival of the Charter in the public mind. The contemporary significance of Magna Carta in Australia, evidenced in both the law and in the press, lies in its uses in political and legal debate, and by being part of the educational culture of lawyers and the general public.
BOOK REVIEW – Editor: Angelina Gomez
- Seddon on Deeds by Nicholas Seddon
For the PDF version of the table of contents, click here: ALJ Vol 89 No 10 Contents