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This month, the ALRC released its Discussion Paper on its Inquiry into Class Action Proceedings and Third-Party Litigation Funders (June 2018), inviting submissions and outlining its key proposals and questions around whether and to what extent class action proceedings and third-party litigation funders should be subject to Commonwealth regulation. The President of the ALRC, the Honourable Justice Sarah Derrington, identifies some of the ALRC’s early findings and emphasises the need to look to counterpart jurisdictions to ensure a global approach in developing the class actions regime in Australia.
The latest Part of the Journal of Judicial Administration includes the following articles: “Thirty Years Is Long Enough: It Is Time to Create a Process That Ensures Covert Recordings Used as Evidence in Court Are Interpreted Reliably” – Helen Fraser; “On Public Opinion Discourse: Justice Applications’ – Pamela D Schulz OAM and Andrew J Cannon AM; and “Right Here Waiting For You: The New Social Media Chapter in the Australian Guide to Judicial Conduct” – Marilyn Bromberg.
The latest Part of AJ Admin L includes the following articles: “Refugee Protection and State Security in Australia: Piecing Together Protective Regimes” – Peter Billings; “Characterising Migration Directions as Legislative Instruments: Implications for Judicial Review” – Christopher Chiam; and “Planning and Soft Law” – Greg Weeks and Linda Pearson. Also in this Part are the following sections: Current Issues; Casenotes; and Book Reviews.
The latest Part of the Company and Securities Law Journal includes the following articles: “Imposing Fiduciary Duties on Credit Rating Agencies Towards Investors” – Meena Hanna; “Whistleblowing and Corporate Governance: Regulating to Reap the Governance Benefits of ‘Institutionalised’ Whistleblowing” – Sulette Lombard and Vivienne Brand; and “From Damages to Disgorgement: Civil Remedies for Insider Trading in Australia” – Mark Watts. This issue also includes the following sections: Editorial; Vale: “Bob Baxt” – Rosemary Langford; Current Developments – Legal and Administrative: “Australian Securities and Investments Commission v Flugge: Section 180 Strikes Again” – Tim Bednall; Corporate Finance: “Refinancing Purchase Money Security Interests: A Note on Allied Distribution Finance Pty Ltd v Samwise Holdings Pty Ltd” – Anthony Duggan; Hong Kong, Singapore and Malaysia: “Confucian Teaching as an Ethical Compass in Business” – Charles KN Lam and Professor SH Goo; Corporate Governance and Corporate Social Responsibility: “An Analysis of the Business Objectives of the Largest Listed Companies in Australia, The United Kingdom and the United States” – Ian Ramsay and Belinda Sandonato; and New Zealand: “Crowd-Sourced Funding, Cryptocurrencies and Initial Coin Offerings in Australia and New Zealand” – Dr Gordon Walker.
Thomson Reuters is extremely pleased to announce that Professor Michael Legg has joined the Journal of Civil Litigation and Practice as its new Co-General Editor, working alongside the current General Editor Roderick Joyce QSO QC. A Professor of Law at UNSW Sydney, Michael is the Director of the IMF Bentham Class Actions Research Initiative at UNSW Law, and Director of the Law Society of NSW Future of Law and Innovation in the Profession (FLIP) research stream in the Allens Hub for Technology, Law and Innovation at UNSW Law, having played a key role as the academic committee member on the ground-breaking FLIP Report launched by the Law Society of New South Wales in March 2017. The Journals Team warmly welcomes Professor Legg to the Journal looks forward to his insights and ideas in helping readers to navigate the current and future landscape of civil litigation and procedure in Australia and beyond.
The latest Part of the Property Law Review includes the following content: “Migratory Boundaries of Coastal Properties in Cases of Artificially Caused Erosion” – Brent Michael; “Better Protecting Native Title and Indigenous Land Use Agreements in Queensland: A New Class of Easement?” – Tim Wishart and Margaret Stephenson; “Up in the Air(bnb): Can Short-term Rentals Be Tamed?” – Laura Schatz and Rebecca Leshinsky; Essay: “Baseball, Friendship, Law and Property” – Paul Babie; Consumer Issues: “A Law of Neighbours: Views, Sunlight, and Intervention” – Lynden Griggs; Singapore and Hong Kong: “Recent Developments: Presumed Resulting Trusts, Vitiating Factors for Trusts, Interrupting Adverse Possession, and Abandonment of Leasehold Covenants” – Kelvin Low and Alvin See; United States: “Joint Tenancy – Severance – Unilateral Severance without Notice to Other Joint Tenant” – John Orth; South Australia: “The Annual Rent Threshold Triggering the Application of the Retail and Commercial Leases Act 1995 (SA)” – Paul Babie; and Victoria: “Part Performance: When It Is the Context that Counts” – Vanessa Johnston. This issue also includes the following section: Editorial; General Editor and South Australia Editor – Paul Babie.
The latest Part of the Building and Construction Law Journal includes the following articles: “A Contractual Path Around Proportionate Liability?” – Grant Lubofsky; and “Transfer of Project Risk: The Impact of Testing and Commissioning and Implications of Practical Completion and Taking into Use by the Principal” – Patrick Mead. Also in this Part is an Editorial; and Reports on the following cases: Aalborg CSP A/S v Ottoway Engineering Pty Ltd; Abergeldie Contractors Pty Ltd v Fairfield City Council; and Fitz Jersey Pty Ltd v Atlas Construction Group Pty Ltd.
The latest Part of the Australian Journal of Competition and Consumer Law includes the following articles: “The Collapse of Dick Smith and the Problem of Gift Cards: Issues and Alternatives for Consumer Protection” – Mohammed Al Bhadily and Kyle Bowyer; and “The New Section 46 Misuse of Market Power Test and the European Intel Experience” – Elizabeth Hersey; and the following sections: Defective Goods; Case Note; Tribunal Tableaux; Obituary; Comments from Commerce; Consumer Concerns; Report from Africa; Report from New Zealand; Benchmarks; and Odds & Ends.
The latest Part of the Australian Law Journal contains the following articles: “A ‘Diminished Nation’? The Racial Discrimination Act 1975, The Native Title Act 1993 and Constitutional Recognition of Indigenous Australians” – Professor Jonathan Fulcher; “The Doctrine of Forbearance” – Jeremy Stoljar; and “The Duty to Mitigate: A Comparative Analysis between the English Common Law and the CISG” – Bruno Zeller. This Part also includes the following sections: Current Issues; Conveyancing and Property; Around the Nation: Victoria; Personalia; Recent Cases; and Books.