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The Australian Law Journal (ALJ) first rolled off the presses 90 years ago in May 1927. To mark this milestone, Thomson Reuters hosted a special 90th Anniversary celebration in the Banco Court of NSW, joined by luminaries such as Hon Sir Gerard Brennan AC KBE GBS, the Hon Michael Kirby AC CMG and former ALJ General Editor the Hon Peter Young AO, with a timely ALJ 90th special edition focusing on the theme of Indigenous Australians and the Law, curated by Guest Editor Professor Megan Davis, UNSW’s first Pro Vice-Chancellor Indigenous.
The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “Regulating Financial Product Design in Australia: An Analysis of the UK Approach” – Rosie Thomas; “Difficulties with Derivatives? OTC Credit Derivatives and the Insurance Question” – Adam Fovent; and “Reviving the Incentive to Compromise in Corporate Restructure: The Role of Secondary Debt Markets” – William Stefanidis. Also in this Part are the following sections: Securities and Mortgages; Hong Kong and China; Singapore and South East Asia; Tokyo; and United Kingdom and Europe.
The latest Part of the Australian Journal of Competition and Consumer Law includes the following articles: “Proving Misleading or Deceptive Conduct: Challenges Posed by the Internet” – Adrian Coorey; “Influencers, Instagurus, and Enablers: Using Accessorial Liability to Establish a Norm of Behaviour in Relation to Disguised Viral Marketing” – Lynden Griggs and Aviva Freilich; “Extracting Value from Big Data: Taking Big Data Processing and Analysis into Account” – Suiyi Zhang; Access to Services; Case Note: Tribunal Tableaux; Consumer Concerns; What If…; Comments from Commerce; Report from Russia; Report from New Zealand; and Benchmarks.
The Fair Work Act 2009 (Cth) (the Act) contains a wide range of protections for employees. These manifest through express provision, the stipulation of minimum standards (National Employment Standards), the delimiting of employers’ scope of action, or combinations of these. While the protections are apparent in the Act’s words, their individual effectiveness turns on how ...more
The latest Part of the Australian Law Journal contains the following articles: “Creation of the Federal Court: A Reflection” – Hon Sir Gerard Brennan AC KBE GBS; “Characterisation: Its place in Contractual Analysis and Related Enquiries” – James Allsop; “Gender Equality among Barristers before the High Court” – Daniel Reynolds and George Williams. This Part also includes the following sections: Current Issues; Around the Nation: Victoria; Environmental Law; Equity and Trusts; Family Law; Recent Cases; Books Received and Book Reviews.
The latest Part of the Public Law Review includes the following content: Comments: “The Law Officers of the Commonwealth” – Gabrielle Appleby; “Third Party Electioneering on New Zealand’s Broadcast Media” – Andrew Geddis; Speech: “Rights and Freedoms and the Rule of Law” – The Hon Robert French AC; and the following Articles: “Towards Indigenous–Settler Federalism” – Dylan Lino; “The Masking of Judicial Power Values: Historical Analogies and Double Function Provisions” – James Stellios; “Adequacy of Risk Assessment in the Exercise of the Character Cancellation Power under the Migration Act 1958 (Cth)” – Joel Townsend; and Developments.
This Part includes the following articles: “Who Decides the Validity of Executive Action? No-Invalidity Clauses and the Separation of Powers” – Lisa Burton Crawford; “Challenging Huynh: Incorrect Importation of the National Interest Term via the Back Door” – Jason Donnelly; “Merits Review and the 21st Century Tribunal” – Juliet Lucy. Also in this Part are the following sections: Current Issues; Casenotes: Construction Forestry Mining & Energy Union v Director, Fair Work Building Industry Inspectorate (2016) 91 ALJR 1;  HCA 41; and a Book Review.
The latest Part of the Australian Intellectual Property Journal includes the following content: “The Multiple Dimensions of Intellectual Property Infringement in the 3D Printing Era” – Jane Nielsen and John Liddicoat; “E-Books and the Principle of Technological Neutrality: Should Public Lending Right Schemes Apply to E-Lending?” – Rita Matulionyte.
The latest Part of the Tort Law Review includes the following articles: “The John G Fleming Lecture: The ebbs and flows of tort law – reflections on a half century of tort law” – Professor Emeritus Lewis Klar QC; and “Practitioner perspectives on continuing legal challenges in mental harm and medical negligence: Time for a no-fault approach?” – Tina Popa. It also contains a Case Note: Greenway v Johnson Matthey Plc  EWCA Civ 408.
The latest Part of the Australasian Dispute Resolution Journal includes the following articles: “Investor-State Dispute Settlement Mechanism: The Trojan Horse of the Trans-Pacific Partnership and its Practical Implications” – Muhammad Zaheer Abbas and Shamreeza Riaz; “Managing the Inter-cultural Dimensions of a Mediation Effectively – A Proposed Pre-mediation Intake Instrument” – Dorcas Quek Anderson and Diana Knight; “Being the Ladle in the Soup Pot: Working with the Dichotomy of Neutrality and Empowerment in Mediation Practice” – Bornali Borah; “Mediation Confidentiality: Origins, Application and Exceptions and Practical Implications” – Judge Joe Harman; “Design in Dispute Resolution Practice: Tips and Tools” – Helen Shurven and Clair Berman-Robinson; “Mediator’s Proposal and Mediator’s Neutrality: Finessing the Tension” – Mohamed Sweify; “Settlement in Court-Connected ADR and the Constitutional Function of the Judiciary: An Imbalance between two Competing Public Interests” – Michael Windeyer. It also contains Case Notes: “Admissibility of a Statement Made at Mediation – Humphreys v Humphreys” and “Mediation Media Watch” – David Spencer.