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The latest Part of the Australian Intellectual Property Journal includes the following content: “Whose Fair Dealing? Third-Party Reliance on the Fair Dealing Exception for Parody or Satire” – Jani McCutcheon and Simon Holloway; “The Protection of Plant Varieties and Farmers Rights Act 2001 (In) and New Plant Varieties, Extant Varieties and Farmers’ Varieties: A New Form of Property?” – Emma Trustum-Behan and Charles Lawson; “Some Observations on Trans-Tasman Trade Mark Law” – Paul Sumpter.
This Part of the Environmental and Planning Law Journal includes the following articles: “Towards an international emissions trading scheme: Legal specification of tradeable emissions entitlements” – Hope Johnson, Pamela O’Connor, Bill Duncan and Sharon Christensen; “Commissions and inquiries into the nuclear fuel cycle: Public participation and attitudes to risk and process” – Simon Marsden; “Victorian ecologically sustainable forest management: Part I – Sustainability and regulatory theory” – Rhett Martin; “Risk-based regulation: Examination of the adoption of risk-based regulation reforms in Western Australia” – Eleanor Stoney; and Comment: “The war on solar and wind: Australian renewable energy policy” – Kate McCallum.
The latest Part of the Property Law Review includes the following content: “Licensee versus trespasser: Hill v Tupper resuscitated” – Oscar S Han; “Regulation and private property: The cautionary tale of Ukraine” – Paul Babie; Consumer Issues: “It’s a new day, it’s a new dawn, it’s a new life … : PEXA, electronic conveyancing, and consumers” – Lynden Griggs; Strata and Community Title: “Tragedy of the anticommons?” – Michael Kleinschmidt; New Zealand: “Are resource consents property? – Ongoing issues” – Thomas Gibbons; Singapore: “Recent developments: Resulting trusts, common intention constructive trusts, proprietary estoppel and equitable accounting” – Kelvin Low; Queensland: “Sharing your home in Queensland: Host, landlord or innkeeper?” – Sharon Christensen and WD Duncan; South Australia: “The meaning of ‘residential tenancy agreement’ in South Australia: Schaffer v Usca” – Paul Babie; Western Australia: “Recent developments: Boarders and lodgers; real estate agents code of conduct; priority between unregistered interests; the Oswal saga” – Eileen Webb.
The latest Part of the Journal of Law and Medicine includes an Editorial: “The Right to Sue for Non-Communication or Delay in the Diagnosis of Neurodegenerative Diseases” – Ian Freckelton QC; and the following sections: Legal Issues: “‘My [Electronic] Health Record'” – Cui Bono (For Whose Benefit)? – Danuta Mendelson and Gabrielle Wolf; “The Foundations of the Comparison Forensic Sciences: Report of the President’s Council of Advisors on Science and Technology” – Stephen Cordner, David Ranson and Richard Bassed; Bioethical Issues: “Error and Accountability in a No-Fault System: Maintaining Professionalism” – Rebecca Babcock and Grant Gillett; and Medical Law Reporter: “Seeding Australian Regulation of Genomics in the Cloud” – Elizabeth Abbott and Thomas Faunce.
Also in this Part are the following articles: “Is Australia Well Equipped to Deal with Future Clinical Trials?” – Lisa Eckstein and Don Chalmers; “Is There a Role for Law in Medical Practice When Withholding and Withdrawing Life-Sustaining Medical Treatment? Empirical Findings on Attitudes of Doctors” – Lindy Willmott, Ben White, Malcolm Parker, Colleen Cartwright and Gail Williams; “The Knowledge and Practice of Doctors in Relation to the Law That Governs Withholding and Withdrawing Life-Sustaining Treatment from Adults Who Lack Capacity” – Ben White, Lindy Willmott, Colleen Cartwright, Malcolm Parker and Gail Williams; “Decision-Making Capacity and its Relationship to a Legally Valid Consent: Ethical, Legal and Professional Context” – Scott Lamont, Cameron Stewart and Mary Chiarella; “Balancing Self-Tracking and Surveillance: Legal, Ethical and Technological Issues in Using Smartphones to Monitor Communication in People with Health Conditions” – Jacki Liddle, Mark Burdon, David Ireland, Adrian Carter, Christina Knuepffer, Nastassja Milevskiy, Simon McBride, Helen Chenery and Wayne Hall; “Primum Non Nocere: A More Proactive Workplace Drug Testing Regime for Australian Medical Practitioners?” – Claire Leyden-Duval; “‘Dealing with the Drink’: A Case for Reviewing Gradual Regulation of Teenagers’ Access to Alcohol” – Brendan Walker-Munro; “Red Bull: Does It Give You Wings or Cardiac Disturbances? Modifying the Law Regarding Energy Drinks in Australia” – Marilyn Bromberg and Justine Howard; “Zolpidem, Complex Sleep-Related Behaviour and Volition” – Marilyn McMahon; “Judicial Recognition of PTSD in Crime Victims: A Review of How Much Credence Australian Courts Give to Crime-Induced PTSD” – Paul McGorrery; “Collision or Collusion? Homicides Staged as Car Accidents” – Claire Ferguson; and “Name Suppression Practices of New Zealand’s Health Practitioners Disciplinary Tribunal 2004-2014” – Kate Diesfeld, Lois J Surgenor, Michael Ip and Kate Kersey. There is also a review of the book “Lecretia’s Choice: A Story of Love, Death and the Law” by Matt Vickers – reviewed by Ian Freckelton QC.
The latest Part of the Building and Construction Law Journal includes the following article: “Expert Determination – The Peter Pan of ADR? Challenges to the Expert Determination Process and Practical Insights for Its Use” – Leigh Duthie. Also in this Part is an Editorial; and the following case Reports: RCR O’Donnell Griffin Pty Ltd v Forge Group Power Pty Ltd (Receivers and Managers Appointed) (in liq) & Ors  QCA 214; and The Owners – Strata Plan No 77475 v Walker Group Constructions Pty Ltd & Anor  NSWSC 1127.
The latest Part of the Journal of Judicial Administration includes the following articles: “Judges and community engagement: An institutional obligation” – Sam Bookman; “Questioning the evidence: A case for best-practice models of interviewing in the Refugee Review Tribunal” – Jessica Findling and Georgina Heydon; “Is the representative nature of juries justiciable?” – Anthony Gray; and “Four recent decisions on sentencing Aboriginal people” – Christopher J Charles.
In the context of a range of available models competing with each other as alternatives to litigation for resolving commercial disputes in the construction industry – driven in part by court-led demand for expedition in litigation – Leigh Duthie in the Building and Construction Law Journal (Vol 32 No 6) considers the future of expert ...more
Thomson Reuters offers its warmest congratulations to the Hon Justice Susan Kiefel AC on her appointment as Chief Justice of the High Court of Australia, and to the Hon Justice James Edelman on his appointment to the Court. Their Honours will begin their terms in the Court’s first sitting of 2017. Both are exceptional appointments. Justice Kiefel’s ...more
The latest Part of AJ Admin L includes the following article: “A man for all seasons? The fair minded observer and royal commissioners” – Matthew Groves. Also in this Part are the following sections: Work and Employment; Trade, Commerce and Revenue; Casenotes (AMF15 v Minister for Immigration & Border Protection); Immigration and International Aspects; and Book Reviews.
The latest Part of the Australasian Dispute Resolution Journal contains 4 Special Feature articles: Celebrating 30 Years of ADRA: “ADRA President’s Address 2016” – Katherine Johnson; “Australian Dispute Resolution Association: Its history and its people” – Anne Ardagh; “History and philosophy of nonviolence: Towards an inclusive dispute resolution (DR) curriculum” – David Ardagh; and “International perspectives of dispute resolution” – Dr Paul R Gibson. It also includes the following articles: “International arbitration in Australia: 2015/2016 in review” – Albert Monichino QC and Alex Fawke; “The future of dispute resolution: Online ADR and online courts” – Michael Legg; and “The art of using power as a tool of influence in mediation” – Mohamed Sweify. It also contains Case Notes: “Identifying all members of a class action prior to mediation, and mediation/arbitration media watch” – David Spencer; Book Review: “The Mediators Handbook (Third edition)” by Ruth Charlton, Micheline Dewdney and Geoff Charlton – reviewed by Paul Lewis; and a tribute to the late Micheline Dewdney.