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The latest issue of the Australian Law Journal (Volume 91 Part 12) contains the following material:
CURRENT ISSUES – Editor: Justice François Kunc
- Recommended National Standards for Working with Interpreters in Courts and Tribunals
- Commonwealth Government Responds to the Referendum Council’s Report
- Commonwealth Redress Scheme for Victims of Institutional Child Sexual Abuse
- Aboriginal Languages Act 2017 (NSW)
- 30 Years of the Judicial Commission of NSW
- Same-Sex Marriage Law Reform: One Dispute Resolved
- The IBA Comes to Sydney
- New Approach to Statutory Interpretation?
CONVEYANCING AND PROPERTY – Editors: Robert Angyal SC and Brendan Edgeworth
- Parking and Easements: Again
- Airbnb Short-Term Letting in Strata Schemes
PERSONALIA – Editor: Clare Langford
- Justice David Graham Thomas
New South Wales
- Justice Guy Parker
- Justice Helen Bowskill
- President Walter Sofronoff
ADMIRALTY AND MARITIME – Editor: Dr Damien J Cremean
- Admiralty Act 1988 (Cth) s 6(b)
RECENT CASES – Editor: Ruth C A Higgins SC
- Constitutional Law: Parliamentary Elections – Where Referred Persons Elected to Commonwealth Parliament – Dual Citizenship – Commonwealth Constitution, s 44(i)
- Canada: Torts – Negligence – Motor Vehicles – Mental Injury – Damages – Claimant Suing in Negligence as Result of Motor Vehicle Accident – What Constitutes Mental Injury
- Probate: Whether Wrongdoer Can Benefit Indirectly as a Result of Crime – Administration Act 1903 (WA) – Benefit Denied
Paciocco in the High Court: Penalties and Late Payment Fees – J G H Stumbles
In upholding the bank’s late payment fee in Paciocco, the High Court recognised that in certain cases, the validity of an impugned penalty clause may now be determined by reference to damage to legitimate, commercial or other interests over and above compensable damage ordinarily recoverable in an action for breach of contract. In doing so, the Court followed some of the reasoning of the UK Supreme Court in the recent Cavendish and ParkingEye litigation. This article analyses the Court’s judgment, its implications for the penalty doctrine and the ongoing relevance of Lord Dunedin’s well known propositions in the Dunlop case.
Australian Rules: A Survey of the High Court of Australia on Construction Law 1965-2016 – Professor John Sharkey AM
Since Federation the High Court has provided the major judicial guidance for Australian construction lawyers notwithstanding that for most of that time the Privy Council remained the ultimate court of appeal. One might reasonably have expected to see an enhancement of the role with the abolition of appeals to the Privy Council. However, the subsequent period has seen a continuing decline in the instances of the High Court identifying an issue of principle in construction law that warranted the granting of special leave. Moreover, where the Court has granted special leave it has largely been in cases involving non-contractual relationships. In analysing the contribution of the High Court to Australian construction law over the last half century in both substantive and quantitative terms this article examines why the decline occurred and submits a view as to what the 21st century might hold for the High Court and this field of the law.
For the PDF version of the table of contents, click here: ALJ Vol 91 No 12 Contents.
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