*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 8) contains the following material:
CURRENT ISSUES – Editor: Justice François Kunc
- “National Model Gender Equitable Briefing Policy”
- Guest contributors
- Brexit and the renewed emphasis by the UK Supreme Court on assistance from Commonwealth judicial reasoning
- Symposium: Challenges of Social Media for Courts & Tribunals
CONVEYANCING AND PROPERTY – Editor: Peter Butt
- Easements for recreation
- Easements of necessity
- Extinguishing easements under statutory power
- Granting easements under statutory power
- Easements by prescription
- Adverse possession despite criminal trespass?
ADMIRALTY AND MARITIME – Editor: Dr Damien J Cremean
- Extending admiralty jurisdiction
PERSONALIA – Editor: Clare Langford
- Administrative Appeals Tribunal
- Australian Academy of Law
New South Wales
- Justice Anthony Payne
- Justice Natalie Adams
- Professor George Williams AO
- Justice Martin Hinton
- Justice Andrew John Keogh
RECENT CASES – Editor: Ruth C A Higgins
- Constitutional law: Trial by jury – Whether Commonwealth indictable offences can be tried by a judge alone
- Trusts: Breach of trust – Second limb of Barnes v Addy – Allegedly dishonest and fraudulent trustees as plaintiffs
- Agency: Authority – Whether agency agreement terminated on liquidation of a party – Whether liquidators entitled to claim payment of unpaid invoices
Restitution: Some Historical Remarks – Chief Justice Allsop
Over the last few decades the principles of restitution and unjust enrichment have undergone a significant degree of reorganisation and reformulation within both English and Australian law. In order better to understand these legal concepts, and their place within the modern law of obligations, it is important to understand their historical foundations, and how they have developed into the late 20th century. This article presents a brief historical account of the law of restitution, with a particular focus upon how common law writs and forms of action have evolved since the 12th century and on the development of the law of assumpsit and quasi-contract. It also considers the place of equity, and of equitable notions and principles, as an informing value for the law of restitution and unjust enrichment.
A Legal and Historical Overview of the Land Borders of the Australian States – Professor Gerard Carney
The origins of the Australian States really lie in the story about their land borders. This article outlines when, how, and especially why, they were drawn so. It explores for the first time the reasons for the borders of South Australia which have had such a profound impact on all the other States and the Northern Territory. It also examines the role of the High Court in the legal battles between the States over their borders. Most surprising is the fact that none is actually surveyed where they should be.
BOOK REVIEW – Editor: Angelina A Gomez
- Accommodating Justice: Victim Impact Statements in the Sentencing Process by Tracey Booth – reveiwed by Adjunct Professor Nicholas Cowdery AM QC
For the PDF version of the table of contents, click here: ALJ Vol 90 No 8 Contents.