*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 12) contains the following material:
CURRENT ISSUES – Editor: Acting Justice Peter W Young AO
- Happy Christmas!
- New South Wales amalgamation of local government areas
- Family law
- Judges and television
- The Quiz
CONVEYANCING AND PROPERTY – Editor: Peter Butt
- Some recent decisions on mortgages and charges
- Unreasonable refusal to consent to assignment creates no liability in damages
- Landlord obliged to repair despite lack of knowledge of disrepair
CONSTITUTIONAL LAW – Editor: Anne Twomey
- Plebiscites and referenda
AROUND THE NATION: WESTERN AUSTRALIA – Editor: Justice Kenneth Martin
- Deaths of John Toohey AC, QC and Peter W Johnston
- Two leading articles
PERSONALIA – Editor: Clare Langford
- Chief Justice Catherine Holmes
- Chief Magistrate Judge Orazio Rinaudo
- Judge Amanda Chambers
CORPORATIONS AND SECURITIES – Editor: Robert Baxt AO
- The law relating to a director’s duty of care and diligence giving a more encouraging interpretation in the federal court!
ADMIRALTY AND MARITIME – Editor: Dr Damien J Cremean
- Scuttling and proof of it
OVERSEAS LAW – Editor: Colin Picker
- 2015 Brazilian Civil Procedure Code: Developments regarding private international law
RECENT CASES – Editor: Acting Justice Peter W Young AO
- Partnership: Liability of current partner for debts
- Corporations: Cost of convening meeting – What is included
- Corporations: Court’s power to deal with control of closely held company pending resolution of dispute
- Negligence: Collapsing wall
- Advocates’ immunity: What is covered
- Tribunals: Indications of bias
- Tribunals: Jurisdiction to act informally – Hearsay evidence
The Governor-General is Australia’s head of state – Sir David Smith KCVO, AO
Australia’s system of government is a parliamentary democracy under the Crown based on the Westminster system. Queen Elizabeth II is Queen of Australia and plays an important part in our system of government. She is part of our Parliament and appoints the Governor-General, on the advice of the Prime Minster, to be her representative. Bills passed by the Parliament are given the Royal Assent by the Governor-General in order for them to become law. The defence force and the public service serve the Crown. As well as being the Queen’s representative under s 2 of the Constitution, the Governor-General has significant powers under s 61 of the Constitution – which he or she exercises in his or her own right, and not as the Sovereign’s representative. Thus the Constitution has the Queen of Australia at its apex, and a Governor-General as the Queen’s representative, with separate roles under ss 2 and 61 of the Constitution to give us a constitutional monarchy.
The New South Wales Court of Appeal has confirmed that a unilateral decision of trustees does not alone constitute a transaction for the purpose of the Trustee Acts of the States and Territories of Australia. This, then, prevents the court from approving what would otherwise be a breach of trust by virtue of the trustee’s decision. This article examines the decision in Re Dion Investments Pty Ltd (2014) 87 NSWLR 753 and suggests a way in which what is desired can be achieved.
The increasing use by consumers of electronic payment systems runs the risk that they may make mistakes. This is especially true when a system only uses numbers and not names. This article explores the problem of trying to recover such mistaken payments at common law and the situation in the United Kingdom and the United States, as well as examining the Australian position under the ePayments Code. The various solutions are assessed as to whether they are efficient: the cost, rule simplicity, and accessibility are focused upon in an attempt to determine this.
BOOK REVIEW – Editor: Angelina Gomez
- Clear & Concise – Become A Better Business Writer by Susan McKerihan
For the PDF version of the table of contents, click here: ALJ Vol 89 No 12 Contents.