The 2016 meeting of the Criminal Law Journal Editorial Board was held on 22 March at Government House, Tasmania. Thomson Reuters and the Board are both grateful to Her Excellency Professor the Honourable Kate Warner AM, Governor of Tasmania, for hosting the event. This year marks the Journal’s 40th year in publication. The Journal was first published in 1977 and over ...more
Posted in Criminal Law Journal (Crim LJ), Journals, News & Insight | Tagged Board Meeting, Crim LJ, criminal law, Current issues, Editorial Board, Her Excellency Professor the Honourable Kate Warner AM, Her Excellency the Governor, Hon Michael Kirby AC CMG, journals, Professor Mirko Bagaric, Stephen Odgers SC, Tasmania |
Reinstatement is the primary remedy in unfair dismissal cases under the Fair Work Act 2009 (Cth), but as two articles in the latest edition of Workplace Review (Summer 2016, Vol 7 Pt 1) make clear, more often than not monetary compensation is the remedy provided in successful claims. One reason for this suggested by James ...more
This Part of the Local Government Law Journal includes the following content: “Secrets of local heritage places: An assessment of the integrity of the NSW ‘heritage conservation area’ legal regime” – Tristan Orgill; “Coastal defence structures – legal risks and legal opportunities” – Justine Bell-James; Local Government & Planning Law Guide cases; and a Digest of cases.
Posted in Journals, Local Government Law Journal (LGLJ), Update Summaries | Tagged coastal defence, coastal hazards, coastal management, Connor Fisher, contributory buildings, digest of cases, heritage significance, Justine Bell-James, Lawrie Groom, legacy approved developments, LGLJ, Local Government & Planning Law Guide Cases, local heritage conservation areas (HCAs), seawalls, Shona Shah, Tristan Orgill |
The latest Part of the Building and Construction Law Journal pays tribute to the late John B Dorter, who presided over the BCL as General Editor for many years, with a speech originally delivered by leading lawyer John Cooper; and an editorial homage by the new General Editor, Michael Christie SC. This Part also includes the following articles: “The measured mile: How to conduct the analysis” – Robert J Gemmell and Professor Randolph Thomas; “Contract Works insurance: Impact of industry body exclusions” – Patrick Mead. Also in this Part are Reports on the following cases: Australian Vintage Ltd v Belvino Investments (No 2) Pty Ltd; Ryan v Worthington; and Nichols v Earth Spirit Home Pty Ltd.
Posted in Building and Construction Law Journal (BCL), Journals, Update Summaries | Tagged Australian Vintage Ltd v Belvino Investments (No 2) Pty Ltd [2015] NSWCA 275, BCL, Contract Works, Contractor's All Risk policy, DE clauses, defective workmanship material or design, Editorial, General Editor, illegality, industry body exclusions, insurance, John Beresford Dorter, John Cooper, John Sharkey AM, LEG defects, measured mile method, Michael Christie SC, Nichols v Earth Spirit Home Pty Ltd [2015] QCA 219, oral contract, Patrick Mead, Professor Randolph Thomas, quantification of loss, reasonable time, Robert J Gemmell, Ryan v Worthington [2015] QCA 201, Vale |
The latest Part of the Public Law Review includes the following content: Comments: “The Charter’s effect on administrative decision-making” – Janina Boughey; “The jurisdiction of the Independent Commission Against Corruption after High Court challenges and legislative amendment in 2015” – John Emmerig, Michael Legg, Holly Sara and Stephanie Stacey; and the following Articles: “Deliberative processes for administrative regulations: Unenforceable public consultation provisions and the courts” – Andrew Edgar; “Out of step? The New South Wales Parliamentary Evidence Act 1901” – Beverly Duffy and Sharon Ohnesorge; “The taming of the charitable shrew: State roll back of charity tax concessions” – Ian Murray; as well as Developments.
Posted in Journals, Public Law Review (PLR), Update Summaries | Tagged "Operation Prospect", administrative decision-making, Associate Professor Andrew Edgar, Beverly Duffy, charity tax concessions, Comments, committee inquiries, Dan Meagher, deprivation of liberty, developments, Duncan v ICAC (2015) 89 ALJR 835, Giovanni Frischman, Holly Sara, human rights charters, ICAC v Cunneen (2015) 89 ALJR 475, Independent Commission Against Corruption, Janina Boughey, John Emmerig, Lisa Burton Crawford, Michael Legg, Parliamentary Evidence Act 1901 (NSW), parliamentary privilege, PLR, privilege against self-incrimination (PASI), Professor Ian Murray, public consultation provisions, Sharon Ohnesorge, State tax concessions, Stephanie Stacey |
The latest Part of the Australian Journal of Competition and Consumer Law includes the following articles: “Could the Harper Review recommendations revive private enforcement of cartel prohibitions?” – Rebecca Gilsenan; “Place names as marketing tools: Legal issues in the use of geographic names” – Neil Francey; and “Are we there yet? A return to the rational for Australian consumer protection” – Brenton Lee Worth; and the following sections: Access to Services; Telecommunications; Case Notes; Tribunal Tableaux; Council Considerations; Energy Etchings; Snapshots; Report from Europe; Report from New Zealand; and Book Review.
Posted in Australian Journal of Competition and Consumer Law (AJCCL), Journals, Update Summaries | Tagged ACCC v Australia & New Zealand Banking Group Ltd [2013] ATPR 42-452, ACCC v Australia & New Zealand Banking Group Ltd [2015] FCAFC 103, AJCCL, Anti-Cartel Enforcement in a Contemporary Age: Leniency Religion, Australian Competition Tribunal, Australian Energy Regulator (AER), book review, Boral Resources (Vic) Pty Ltd v CFMEU [2015] VSC 352, Brenton Lee Worth, business names, Caron Beaton-Wells, case notes, Christopher Hodgekiss SC, Christopher Tran, Commerce Commission (NZ), comparative advertising, competitive advertising, copyright, Council considerations, Damien O'Brien QC, Debra Wilson, declaration criterion, Douglas Shirrefs, e-commerce sector inquiry, Editorial, Energy etchings, European Commission, Flight Centre Ltd v ACCC (2015) 234 FCR 367; [2015] FCAFC 104, Harper Report, Harper Review, Holly Raiche, Jennifer Hambleton, Jessica Rusten, John Hedge, Jonathan de Ridder, national access regime, Neil Francey, Niloufer Selvadurai, passing off, Paula Conboy, Peeta Hutson, Pilbara Infrastructure Pty Ltd v Australian Competition Tribunal (2012) 246 CLR 379, place names legislation, private enforcement of cartel laws, procedural fairness, R J Desiatnik, Raymond Roca, Rebecca Gilsenan, Reckitt Benckiser (Aust) Pty Ltd v Proctor & Gamble Australia Pty Ltd [2015] FCA 753, Report from Europe, Report from New Zealand, Snapshots, Telecommunications Competition Notice Guidelines, Tom Pick, trade marks, Tribunal Tableaux, unfair contract term legislation |
The latest Part of the Australian Business Law Review includes the following articles: “No more Mr Nice Guy: The implied duty to cooperate and remedying another party’s mistaken breach” – Matthew Lees; “Corporate law reform in Australia: An analysis of the influence of ownership structures and corporate failure” – Vivien Chen, Ian Ramsay and Michelle Welsh; and “Section 92 of the Australian Constitution: The next phase” – Anthony Gray. Also in this Part are the following sections: Contracts and Restitution: “High Court declines to clarify the Codelfa ‘ambiguity principle'” – Troy Keily; and Privacy: “Private life in a digital world” by Margaret Jackson and Gordon Hughes – book review by Lauren Anderson.
Posted in Australian Business Law Review (ABLR), Journals, Update Summaries | Tagged 2015 Productivity Commission report, ABLR, access to justice arrangements, authorisation of mergers, Business Set Up Transfer and Closure, Codelfa Construction Pty Ltd v State Rail Authority of New South Wales [1982] HCA 24, Commonwealth Bank of Australia v Barker (2014) 312 ALR 356, Construction Forestry Mining and Energy Union v Director Fair Work and Building Industry Inspectorate [2015] HCA 46, corporate ownership structures, Department of Industry and Science, Editorial, Electricity Generation Corp v Woodside Energy Ltd [2014] HCA 7, extrinsic evidence, Famestock Pty Ltd v Body Corporate for No 9 Port Douglas Road Community Title Scheme 24368 [2013] QCA 354, Gordon Hughes, Harper Report, Hon John Dyson Heydon AC QC, Ian Ramsay, implied duty to cooperate, Innovations Policy Report, Insolvency, Insolvency Law Reform Bill, interest groups, Lauren Anderson, Margaret Jackson, Matthew Lees, Michael Borsky, Michelle Welsh, Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd [2015] HCA 37, Private life in a digital world, Professor Anthony Gray, Professor Normann Witzleb, Professor Robert Baxt AO, remedy mistaken breach of contract, restitution, Royal Commission of the Trade Union Governance and Corruption, Royal Commissioner John Dyson Heydon AC QC, s 46 of the Competition and Consumer Act 2010 (Cth), s 92 of the Constitution, shareholder protection, Troy Keily, Vivien Chen, Wolfe v Permanent Custodians Ltd [2013] VSCA 331 |
The latest Part of the Australian Tax Review includes the following articles: “Revenue v capital: A new direction, or back to the future?” – AH Slater QC; “The debt-equity rules: A continuing experiment in economic substance” – Jesse Murphy; and “Applying VAT to financial services in China: Opportunities for China and lessons for the world?” – Yan Xu and Richard Krever. There is also an Editorial; and Book Reviews on “Tax Simplification” by Chris Evans, Rick Krever and Peter Mellor – reviewed by Helen Hodgson; and “International and Cross-Border Taxation in New Zealand” by Professor Craig Elliffe – reviewed by Kerrie Sadiq.
Posted in Australian Tax Review (AT Rev), Journals, Update Summaries | Tagged AH Slater QC, Annual Tax Expenditures Statement, AT Rev, Book reviews, capital gains and losses, characterisation, Chinese VAT, Chris Evans, Corporate Transparency Report 2015, Dale Pinto, debt financing, debt-equity rules, Div 974 of the Income Tax Assessment Act 1997 (Cth), Editorial, equity financing, financial supplies in a VAT regime or GST regime, income, International and Cross-Border Taxation in New Zealand, Jesse Murphy, Kerrie Sadiq, Peter Mellor, Professor Craig Elliffe, related scheme aggregation rules, Richard Krever, Rick Krever, Tax Reform White Paper, Tax Simplification, Yan Xu |
The latest Part of Online Currents includes the following content: “Ebook apps: Reading to experience” – Agata Mrva-Montoya; “Allowing for depreciation: GLAM sector collaboration and convergence” – Paul Bentley; “Building competence for knowledge organisation” – Matt Moore and Kelly Tall; “Multiple layers of digital inclusion” – Kim M Thompson; Company News; Around the Blogs; Bookshelf and Journals; Databases and Aggregators; Web Watch; and Conferences, Meetings and Seminars.
Posted in Journals, Online Currents (OLC) [Decommissioned], Update Summaries | Tagged access to digital technology, Agata Mrva-Montoya, Around the Blogs, Bookshelf and Journals, collaborative economy, Company News, Conferences Meetings and Seminars, controlled vocabulary, data management, Databases and Aggregators, digital inclusion, digital publishing, Ebook apps, Elisabeth Thomas, GLAM sector, Glenda Browne, Kelly Tall, Kim M Thompson, Knowledge Organisation Systems, Mary Coe, Matt Moore, OLC, participation, Paul Bentley, taxonomy, Web Watch |
The Summer 2016 Part of the Workplace Review includes the following content: “The changing interpretation of agreements” – Hon Reg Hamilton; “Balancing act: Reinstatement – maintaining procedural fairness and employment satisfaction” – Claire Limbach; “Productivity Commission report on workplace relations – an opportunity for reform?” – Emma Lutwyche and Neil Napper; “Trade union Royal Commission – watershed moment or political stunt?” – Neil Napper; and “Unpaid law internships – the need for a regulated experience” – Nandan Subramaniam; as well as the following sections: Focus on Australian Capital Territory: “Interim reinstatement in unfair dismissal cases” – James Macken; Focus on Northern Territory: “Reflections on legal practice in the Northern Territory” – Bruce Taylor; Interview: “Smashing the glass ceiling: Senator Michaelia Cash’s journey from lawyer to workplace reformer” – by Azadeh Williams; Book Review: “The Country Wife” – reviewed by Vanessa Gorman; The Last Word; and Diary.
Posted in Journals, Update Summaries, Workplace Review (WR) | Tagged 2015 McCallum Medal runner up, 2015 McCallum Medal winner, Anne Gorman, Azadeh Williams, book review, Bruce Taylor, Claire Limbach, criminal sanctions, Deputy President Hon Reg Hamilton, Diary, Editorial, Emma Lutwyche, Fair Work Australia, Fair Work Commission, financial management, Focus on Australian Capital Territory, Focus on Northern Territory, increased penalties, interpretation of agreements, interpretation of enterprise agreements, Interview, James Macken, Jeffrey Phillips SC, Nandan Subramaniam, Neil Napper, Productivity Commission (PC), registered organisations, reinstatement, Royal Commission into Trade Union Governance and Corruption, Royal Commissioner JD Heydon AC QC, secondary boycott conduct, Senator Michaelia Cash, The Country Wife, The Last Word, unfair dismissal, unpaid internships, Vanessa Gorman, vocational placement, Workplace Relations Framework (Draft Report) recommendations, workplace rights, workplace safety, WR |
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Public Law Review update: March 2016
The latest Part of the Public Law Review includes the following content: Comments: “The Charter’s effect on administrative decision-making” – Janina Boughey; “The jurisdiction of the Independent Commission Against Corruption after High Court challenges and legislative amendment in 2015” – John Emmerig, Michael Legg, Holly Sara and Stephanie Stacey; and the following Articles: “Deliberative processes for administrative regulations: Unenforceable public consultation provisions and the courts” – Andrew Edgar; “Out of step? The New South Wales Parliamentary Evidence Act 1901” – Beverly Duffy and Sharon Ohnesorge; “The taming of the charitable shrew: State roll back of charity tax concessions” – Ian Murray; as well as Developments.