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This Special Issue of the Environmental and Planning Law Journal focuses on the regulation of pesticides. This Part includes the following content: “Special Issue Editorial: Regulation of Pesticides in Five National Contexts: The Need for a Paradigm Shift from Causation to Caution” – Professor Elisabeth Lambert, Dr Sally Knowles; “Constitutional Impediments to the Cooperative Framework for Pesticide Regulation in Western Australia” – Toby Nisbet; “Avoiding Conflicts of Interest: Compliance within Australia’s National Regulator of Pesticides” – Ann-Claire Larsen; “The Discord between International and Australian Approaches to Pesticide Regulation and the Precautionary Principle” – Mostafa M Naser, Toby Nisbet and Tanzim Afroz; “Pesticides, Disease, Causal Uncertainty and Standards of Proof: An Introduction to the Impact of Causal Uncertainty on Incapacitated Workers Seeking Compensation in Australia” – W Rupert Johnson; “Establishing Cause, What Does That Mean from an Epidemiological and Legal Perspective?” – J Oosthuizen and M Cross; “The Regulation, Control and Management of Pesticides in Singapore” – Lye Lin Heng; “A Critical Analysis on the Legal and Institutional Frameworks on Pesticides in the Philippines” – Rose-Liza Eisma-Osorio; “Permitting Poison: Pesticide Regulation in Aotearoa New Zealand” – Catherine J Iorns Magallanes; and “Pesticides Law and Precautionary Principle in Canada: Does the Entanglement of Federal and Provincial Rules Adequately Protect Us from Environmental and Health Risks?” – Marc-Antoine Racicot.
The latest Part of the Tort Law Review includes the following articles: “Are the Torts of Trespass to the Person Obsolete? Part 1: Historical Development” – Dr Christine Beuermann; “Negligence, Discretion and the Liability of Municipalities for Building Regulation: The Case for Increased Deference” – Jonathan de Vries; “The Brave New World of Psychiatric Injury in Canada” – Dr Peter Handford; and “Challenges in the Evolution of the Doctrine of Non-delegable Duty” – Aaron Yoong.
This issue of the Journal of Law and Medicine features an Editorial by General Editor Professor Ian Freckelton QC marking the 25th anniversary of the Journal. It includes the following articles: “When Is It in a Child’s Best Interests to Withhold or Withdraw Life-sustaining Treatment? An Evolving Australian Jurisprudence” – Lindy Willmott, Ben White and Neera Bhatia; “Biosimilars: The Challenges of Novelty, Inventive Step and Sufficiency” – Teddy Henriksen and Jay Sanderson; “The Legal Doctrine of Informed Consent and Renal Dialysis – Do Patients Really Consent?” – Marina Wainstein, Anna Rose Menzies, Frank Patrick Brennan and Mark Ashley Brown; “Building Public Confidence in Medical Registration Revalidation: Reform of Medical Registration Law in Australia, a New Risk-based Approach” – David J Carter, Deborah J Street and Stephen Bush; “Holding Out and Protected Titles – Issues for Non-registrant Complementary and Alternative Health Practitioners” – Michael Weir; “Legal and Ethical Issues Surrounding the Use of Older Children’s Electronic Personal Health Records” – Jacqueline Meredith, Shaun McCarthy and Bronwyn Hemsley; “Changing Law Students’ Ideas about Dis/ability: Can We? Should We? How Would We?” – Anna Cody; “Best Interests and Non-consensual Research” – Brent Hyslop; “How Do Coroners’ Findings in Australian Jurisdictions Apply to Health Care Practitioners within Safety-I and Safety-II Paradigms?” – Nicola Cunningham; “An Analysis of Medico-legal Claims against Dermatologists in Australia from a Single Medical Indemnity Insurer” – Paul Stevenson; “Reproductive Autonomy and Social Sex Selection: A Chance of a Choice?” – Kathryn Boyd; “Freedom of Expression, Belief and Assembly: The Banning of Protests Outside of Abortion Clinics in Australia” – Anna Walsh; “Two Problems of Unburied Bodies” – Robert Shiels; “A Whiter Shade of Grey: Comparisons of the Legal and Professional Status of Tooth Whitening in Three Jurisdictions” – Alexander C L Holden; and “Infection Control Standards in Private Dental Practice” – The Role of Accreditation – Gillian Jean, Alexander C L Holden, Marc Tennant and Estie Kruger.
Also in this Part are the following sections: Editorial: “Health Law: The Past and the Future” – Ian Freckelton QC; Legal Issues: “Computational Modelling, Social Media and Health-Related Datasets: Consent and Privacy Issues” – Bernadette McSherry; Medical Issues: “Responding Better to Desperate Parents: Warnings from the Alfie Evans Saga” – Ian Freckelton QC; Bioethical Issues: “A New Ethical Model of Commercial Surrogacy Arrangements for Australia” – Jeremy Feiglin and Julian Savulescu; Nursing Issues: “Codes of Conduct – A New Era for Nursing and Midwifery in Australia” – Kim Forrester; and Medical Law Reporter: “Australian Senate Committee Report on Transvaginal Mesh Devices” – Chloe Thompson and Thomas Faunce. There are also reviews of the following books: “True Stories from the Morgue” by J Merrick – reviewed by Ian Freckelton QC; “The Trauma Cleaner: One Woman’s Extraordinary Life in Death & Disaster” by Sarah Krasnostein – reviewed by Ian Freckelton QC; and “Tensions and Traumas in Health Law” by Ian Freckelton and Kerry Petersen – reviewed by Bill Madden.
The latest Part of the Australian Law Journal contains the following articles: “Young’s ‘Fact finding made easy’ in Refugee Law: A Former Practitioner’s Perspective” – Douglas McDonald-Norman; “Hear No Evil, See No Evil, Speak No Evil … and, Read No Evil: Confiscation of Literary Proceeds under Australian Criminal Property Confiscation Legislation” – Dr Natalie Skead; and “Aggravating and Mitigating Factors in Sentencing: Comparing the Views of Judges and Jurors” – Kate Warner, Julia Davis, Arie Freiberg, Caroline Spiranovic and Helen Cockburn. This Part also includes the following sections: Current Issues; Conveyancing and Property; Around the Nation: Northern Territory; Personalia; Recent Cases; and Books.
The latest Part of the Public Law Review includes the following content: Comments: “The Constitutional Price of Justice” – Matthew Groves and Jill Murray; “State Tribunals, Judicial Power and the Constitution: Some Practical Responses” – Anna Olijnyk and Stephen McDonald; “The French Court and the Kable Doctrine” – Fiona Wheeler; and the following Articles: “Evading Scrutiny: Orders for Papers and Access to Cabinet Information by the New South Wales Legislative Council” – Sharon Ohnesorge and Beverly Duffy; “After Kong Yunming v Director of Social Welfare: The Status of Socioeconomic Rights in Hong Kong” – Pok Yin S Chow; “Parliamentary Appointment or Popular Election? Breaking the Impasse on Models for an Australian ‘Westminster Republic'” – Michael Duffy, Steve Perryman and Anthony Cianflone; Book review: “Political Jurisprudence” – reviewed by Edward Willis; and Developments.
The latest Part of the Journal of Banking and Finance Law and Practice includes the tribute: “Professor Robert (Bob) Baxt AO” – Ruth Baxt; and the following articles: “Australian Regulation of Blockchain and Distributed Ledger Technology in Banking and Finance” – Annabelle Simpson; “Disclosures and Reporting of Financial Derivatives: Evidence from Australia’s S&P/ ASX 50 Listed Firms” – Tony Ciro and Bulend Terzioglu; “Voluntary Arrangements and the “Clean Slate” Mess” – Paulina Fishman; and “Deposit Insurance: Friend or Foe?” – Crosby Radburn. Also in this Part are the following sections: Commercial and Financial Law; Insolvency Law and Management; and New Zealand.
The Australian Law Journal is delighted to announce the launch of two new sections, “Class Actions” (headed by The Hon Justice Michael B Lee) and “Technology and the Law” (co-edited by Associate Professor Lyria Bennett Moses and Anna Collyer), as well as the appointment of John Kettle for the “Competition and Consumer Law” section, and Associate Professor Jason Harris as the new “Corporations and Securities” Section Editor.
The latest Part of the Australian Law Journal contains the following articles: “What’s Equity got to do with the Environment?” – Justice Brian J Preston; “Regulating Humanitarian Assistance by Australian Charities: Legal Tools to Deter Funding of Terrorism Abroad” – Gregory Rose; and “The Liability Blind Spot: Civil Liability’s Blurred Vision of Conditionally Automated Vehicles” – Ella Pyman. This Part also includes the following sections: Current Issues; Conveyancing and Property; The Legal Observer; Family Law; From the Law Schools; Admiralty and Maritime; Recent Cases; Book Reviews; and Obituary.
This issue of the Journal of Civil Litigation and Practice is a Special Issue focused on “Class Actions”. Against the backdrop of the ALRC and VLRC inquiries into class actions and litigation funding currently underway, this very timely issue covers the following articles: “Class Actions: Historical Highlights” – John Basten; “Class Action Commencement in Australia: A Practical Approach” – Nick Beaumont SC; “The Use and Abuse of Security for Costs in Class Actions” – Peter Cashman; “Competing Class Actions: A Suggested Solution through Certification” – Michael Legg; and “Cost Effectiveness and Case Management in Class Action Settlements” – Samuel J Hickey and Michael Legg.
November 2017 marked the 150th anniversary of the birth of Lord Atkin in Tank Street, Brisbane, Queensland. In his article, “Lord Atkin: Principle and Progress” (previously published in The Australian Law Journal Vol 90 Part 10), Justice Peter Applegarth chronicled the philosophy, influences and enduring legacy of Lord Atkin, whose landmark judgment in Donoghue v Stevenson continues to guide the common law to this day.
Lord Atkin’s remarkable life and achievements are commemorated in the currently ongoing exhibition “Lord Atkin: From Queensland to the House of Lords”.