*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 90 Part 1) contains the following material:
CURRENT ISSUES – Editor: Acting Justice Peter W Young AO
- Happy New Year
- 50 years ago
- Court delays
- Property Law List (New South Wales)
- Moral responsibility for one’s actions
- Helpful judges are well remembered
- It can be helpful to be wrong
- Australian Law Journal and ProView
CONVEYANCING AND PROPERTY – Editor: Peter Butt
- Statutory warfare, round 2: Has the High Court confused the law of illegality?
CRIME AND EVIDENCE – Editor: Justice Phillip Priest
- Consistency in sentencing federal offenders
CORPORATIONS AND SECURITIES – Editor: Robert Baxt AO
- Review of the ability of ASIC to undertake new challenges
RECENT CASES – Editor: Acting Justice Peter W Young AO
- Penalties: English view
- Tracing: Backwards tracing – Privy Council breaks new ground
- Whether accountants’ organisation disciplinary section providing services
- Crime: Misconduct in public office – Elements of the offence
- Contracts: Abandonment – Principles
- Solicitors: Client becomes incapable – Is retainer frustrated?
- Freezing orders: Whether defendant can obtain loan funds
- Land tax (Victoria): Mandamus to compel refunds after 20 years
- Contra proferentem rule
Magna Carta and the Executive – James Spigelman
In this his third article on Magna Carta, the author makes the point that the real significance of Magna Carta is not its status as a sacred text, but rather its introduction of four themes which were developed over the centuries into basic principles of government. These four themes are identified and their development traced in detail as government by a feudal absolute king was transformed into today’s democratic system.
This article analyses the reasons for rejecting the recent apprehended bias application made by unions against Royal Commissioner Dyson Heydon – not for anything he had done in running the Royal Commission into Trade Union Governance, nor in writing his 1,700-page interim report, but because of his accepting an extra-curricular invitation to give the Sir Garfield Barwick Address. Apprehended bias requires proof of prejudgment, rather than suspicion of possible private predisposition (which is where the unions failed). Relevantly, the author argues that law schools should emphasise the positive role judges play in society; and that a greater emphasis should be placed on those who send emails to make key points abundantly clear.
At present there is an imbalance in the legal scholarship on extended joint criminal enterprise (EJCE) in Australia. While the subjective test applied in the common law jurisdictions has been widely criticised for extending liability too far, legal scholars have overlooked the objective test in the criminal codes of Queensland, Western Australia and Tasmania. This article seeks to remedy this situation by comparing the subjective and objective tests for EJCE in detail and evaluating each test by inquiring whether it limits criminal liability to secondary participants who are sufficiently culpable. It argues that only the subjective test limits liability to secondary participants who are sufficiently culpable, as only those participants who have consciously taken the risk that the additional crime will occur are liable for that crime.
BOOK REVIEW – Editor: Angelina Gomez
- Residential Tenancies: Law and Practice – New South Wales (6th ed) by Allan Anforth, Peter Christensen and Sophie Bentwood
For the PDF version of the table of contents, click here: ALJ Vol 90 No 1 Contents.