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For over a thousand years – at least – mediation and arbitration have been practised in the English-speaking world. In fact, arbitration as a dispute settling mechanism is probably as old as human society itself, suggests Tom Bathurst in his survey of the history of arbitration published in the Building and Construction Law Journal (BCL). ...more
The latest Part of the Building and Construction Law Journal includes the following articles: “The History of the Law of Commercial Arbitration” – The Hon TF Bathurst; and “Collaborative Contracting Comeback” – Lina Fischer, Christopher Slocombe, Andrew Fry and Edwina Higgins. Also in this Part is an Editorial; Book Review: “Arbitration in Singapore – A Practical Guide (2nd Ed), by the Honourable the Chief Justice Sundaresh Menon (Editor-in-Chief), Francis Xavier SC, Chong Yee Leong and Lucy Reed (General Editors)” – Reviewed by Michael Christie SC; and Reports on the following cases: Duro Felguera Australia Pty Ltd v Trans Global Projects Pty Ltd (In Liq); Goodwin Street Developments Pty Ltd v DSD Builders Pty Ltd; and Gambaro Pty Ltd v Rohrig (Qld) Pty Ltd.
The latest Part of The Queensland Lawyer includes the following content: “Cyberbullying and Employment Law: How and Why Lawyers Advising School Principals and Teachers Should Take the Initiative Now” – Louise Floyd; “Is Time on Your Side? Applications under s 31 of the Limitation of Actions Act 1974 (Qld)” – Elizabeth Gaffney; “On International Wills in Australia: An Unused Tool in the Estate Planning Arsenal” – Francesco Maconi; and the following Sections: Editorial: “The Human Rights Act 2019” – Andrew M West; Commercial Law: “Construction of a Provision to Act in ‘Utmost Good Faith’ in a Commercial Contract: Sentinel Robina Office Pty Ltd v Clarence Property Corp Pty Ltd  QCA 314” – Clive Turner; Conveyancing and Property Law: “Tripple A Pty Ltd v WIN Television Qld Pty Ltd  QCA 246” – Dominic Fawcett; and Criminal Law: “Managing Prisoners’ Estates” – A M West. There is also a Report on the the following cases: Critchley v Schlumberger Oilfield Australia Pty Ltd; and Hong Minh Nguyen (t/a Mobile PC Doctor) v Sensis Pty Ltd.
The latest Part of the Tort Law Review includes Case Note: “Mental Impairment and the Objective Approach in Negligence: Spearman v Royal United Bath Hospitals” – Dr David Pearce; and the following articles: “A Corrective Justice Justification for Considering the Response of the Hypothetical Person of an ‘Ordinary Level of Susceptibility’ when Assessing Reasonable Foreseeability in Cases involving Negligently Inflicted Psychiatric Injury” – Martin Allcock; “Highway Immunity and the Victimisation of Australian Law: Fact or Fiction?” – Mark Lunney; “On Not Trespassing on Trespass: In Defence of Separate Torts of Trespass to the Person” – JA Devereux; and “Neural Interface Devices and Negligence” – Scott Kiel-Chisholm.
The latest Part of the Tort Law Review includes the following articles: “The Slow Death of Past Damage as an Essential Element of Negligence” – Tim Baxter; “Justification Defences under the Economic Torts” – David Goodwin; “Ignoring the Call for Law Reform: Is It Time to Expand the Scope of Protection for Personal Images Uploaded on Social Networks?” – Dr Eugenia Georgiades; and “Hard Cases Making Bad Law: The Elusive Search for a Test for Duty of Care” – Andrew Clarke and John Devereux.
The latest Part of the Australian Law Journal contains the following articles: “Enforcement of Foreign Judgments: Does an Issue Estoppel Arise from a Foreign Court’s Determination of its Own Jurisdiction?” – Dan Butler; “‘Seeking Equal Dignity without Discrimination’ – The Australian Human Rights Commission and the Handling of Complaints” – Emeritus Professor Rosalind Croucher AM; “Alternative Facts in the Courts” – The Hon Justice Stephen Gageler AC; and “Exploring New and Old Ideas about Estoppel and Election” – The Hon K R Handley QC. This Part also includes the following sections: Current Issues; Around the Nation: Victoria; Family Law; International Focus; Admiralty and Maritime; Competition and Consumer Law; Personalia; Recent Cases; and Obituary.
The latest Part of the Australian Intellectual Property Journal includes the following content: “Music in Campaigns: Does the Moral Right of Integrity Protect Musicians from Political (Mis)Appropriation?” – Jessica Turley; “The Impact of Interlocutory Injunctions on the Biosimilars Industry: Re-adjusting the Balance of Convenience with Public Interest” – Bryanna Workman; and “Patenting Bioprinted Structures in a Clime of Moral Uncertainty: Time to Amend the Patents Act?” – Olumayowa O. Adesanya.
The latest Part of the Journal includes the following articles: “Applications for Aid and Assistance in Respect of Foreign Insolvency Proceedings in New Zealand since the Enactment of the Insolvency (Cross-Border) Act 2006 (NZ)” – Trish Keeper; “The Evolution of Corporate Rescue in Singapore” – Casey G Watters and Paul J Omar; and the following sections: Editorial – Professor Rosalind Mason and Dr David Morrison; Recent Developments: “Recognition of Foreign Insolvency Judgments” – Neil Hannan; and Report from New Zealand: “Subcontractors and Retention Money: The Pros and Cons of Subpt 2A of the Construction Contracts Act 2002 (NZ)” – Lynne Taylor.
The latest Part of the Journal of Judicial Administration includes the following articles: “Measuring Legal Actor Contributions in Court: Judges’ Roles, Therapeutic Alliance and Therapeutic Change” – Rhondda Waterworth; and “Judicial Conduct Guidance and Emotion” – Sharyn Roach Anleu, Jennifer Elek and Kathy Mack”.