*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 2) contains the following material:
CURRENT ISSUES – Editor: Ruth C A Higgins
- Class wars
- Queensland judicial commission
- First Peoples and last chances
- Anything but plain
- The many faces of access to justice: United States
- The many faces of access to justice: United Kingdom
- Continuity and change
CONVEYANCING AND PROPERTY – Editor: Peter Butt
- Is a provider of nominal consideration a “volunteer”?
- The GST Act exemption and sales of real estate going concern businesses
- Remedies available to mortgagees under unregistered mortgages
PERSONALIA – Editor: Clare Langford
- Justice Mark Moshinsky
- Australian Academy of Law
- Justice Jane Dixon
- Chief Judge Peter Kidd
- Justice Bruno Fiannaca
- Justice Paul Allan Tottle
EQUITY AND TRUSTS – Editor: Justice Mark Leeming
- Proprietary relief and tracing in equity
ADMIRALTY AND MARITIME – Dr Damien J Cremean
- Wrongful arrest of vessels
COMPETITION AND CONSUMER LAW – Editor: Robert Baxt AO
- High Court rejects Federal Court decision in CFMEU Case: Regulators breathe a sigh of relief!
RECENT CASES – Editor: Ruth C A Higgins
- Precedent: Authority of decision on construction of identical words in different statute – Authority of Australian appeals to Privy Council
- Scotland: Judicial review – Electricity Act 1989 – Statutory construction – Implied conditions in planning permissions
- Insurance: Motor vehicles – Compulsory third party insurance and like schemes – Generally – South Australia
- Equity: Backwards tracing – Intermediate balance rule
Lord Denning: His Judicial Philosophy – Justice James Douglas
Lord Denning (1899-1999) was the most famous English judge of the 20th century, largely because of his willingness to reconsider and reform legal principle. He was also unique in identifying and expressing his judicial philosophy, namely: (i) Let justice be done; (ii) Freedom under the law; and (iii) Put your trust in God. The author briefly details Lord Denning’s upbringing and early career and examines how his judicial philosophy played out in certain fields of law, with an emphasis on associated developments in Australia. The author concludes with some observations about his Achilles’ heel as a judge: too great a readiness to confuse personal prejudice with his notions of justice.
Restitution in Australia is different. This is usually explained by the limited, conceptual role unjust enrichment performs in Australian law. This article explores a further explanation: the judiciary’s functions and responsibilities in Australia’s constitutional framework. Using the High Court’s decision in New South Wales v Kable (2013) 252 CLR 118 as the prism for its analysis, this article examines how this framework can influence the development and application of two restitutionary principles in Australian law. The first is the principle allowing ultimately successful litigants to recover amounts they have paid under earlier judgments which are subsequently set aside, together with interest. This principle must be tailored to suit the constitutional explanation that a superior court’s orders remain enforceable until overturned on appeal. The second is the principle permitting taxpayers to recover any overpaid tax, together with interest, which is unnecessary given the Australian superior courts’ constitutionally enshrined judicial review jurisdiction.
For the PDF version of the table of contents, click here: ALJ Vol 90 No 2 Contents.