Archives by date
You are browsing the site archives by date.
The latest Part of the Australian Tax Review includes an Editorial, and the following articles: “The “Sufficiently Influenced” Benchmark for a Company to Be an Associate of Another Company: An Analysis of the BHP Case” – The Hon Richard Edmonds AM SC; “The Deductibility of Tax-related Expenses: Historical and Comparative Perspectives” – Ann Kayis-Kumar, Peter Mellor and Chris Evans; “Doing the BEPS We Can? Addressing Distortions in the Cross-border Intercompany Setting” – Ann Kayis-Kumar; and “Non-Competition Agreements and the Capital/Revenue Distinction: A Comparative Analysis” – Meena Hanna.
The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “Shutting the Courts Out: Developing Consumer Credit Law in the Shadow of Alternative Dispute Resolution and the New Australian Financial Complaints Authority” – Nicola Howell; “ASIC v Citigroup Revisited: Are Agents in Syndicated Debt Facilities Fiduciaries?” – Nuncio D’Angelo; “A Singular Loyalty: Superannuation after the Hayne Royal Commission” – Pamela Hanrahan; and “Receivables Financing: A Comparative Study of s 81 of the PPSA and Other Legislative Overrides to Anti-Assignment Clauses” – William Kim. Also in this Part are the following Sections: Banking Law and Banking Practice; Securities and Mortgages; and Canada.
The latest Part of the Public Law Review includes the following content: Comments: “Failing the Civilian Response? Defence Amendment (Call Out of the ADF) Act 2018 (Cth)” – Greg Carne; “Marijuana, Strawberries and Hot Air Balloons: The Expressive Function of Federal Criminal Law” – Julian R Murphy; “Unions NSW v New South Wales (No 2)” – Anne Twomey; the following Articles: “The Amenability of Private School Decisions to Judicial Review” – James J Anson-Holland; “How and When Can a Constitutionally Valid Statute Become Invalid?” – Ben Ye; “Minority Government and the Validity of Standing Order Requirements for Absolute Majority Votes” – Anne Twomey; and Developments.
The latest Part of the Criminal Law Journal includes the following articles: “Mistakes That Negate Apparent Consent” – Andrew Dyer; “Putting Jurors First: Legislative Simplification of Jury Directions” – Greg Byrne and Chris Maxwell; and “Appeals against Conviction on Indictment: Process, Outcome and NSW Reform after Kalbasi v Western Australia” – David Hamer. Also in this Part is an Editorial on Indigenous incarceration and pragmatic solutions; Legislation Comment: “Dancing with Death: Why the NSW Homicide Offence of Drug Supply Causing Death May Cause More Harm than Good” – Elyse Methven; and a Digest of Criminal Law Cases.
This Part of the Environmental and Planning Law Journal includes the following articles: “Joint Crediting Mechanism in Practice” – Dr Justin Dabner; “Remediating Public Interest Environmental Harm: Revisiting the Montara and Deepwater Horizon Oil Spills and the Need for Legislative Reform in Australia” – Edward Dymond; “Regulation of electronic waste under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal” – Michael Goodall; “Regulating Wild Collected Orchids? The CBD, Nagoya Protocol and CITES Overlaps” – Charles Lawson, Jenna Wraith and Catherine Pickering; “Rehabilitation of Abandoned Fracking Operations: A Comparative Study on the Effectiveness of Levy Schemes in Meeting the Polluter Pays Principle” – Tania Murray, Edward Andre and Krishna Prasad; “Shipping Companies’ Accountability in Ballast Water–induced Pollution Regulation” – Mia Mahmudur Rahim, Md Tarikul Islam and Sanjaya Kuruppu; and “Our Home Is Girt by Seawalls? Preserving the Public Interest in an Era of Sea Level Rise” – Mr Ashley Robb, Michele Payne, Dr Laura Stocker and Dr Garry Middle.
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “Court Review of the Decisions of the Australian Financial Complaints Authority and Its Predecessors” – Ian Ramsay and Miranda Webster; and “Legal Professional Privilege in the Third-Party Funding Context” – Nathan Landis. Also in this Part are the following sections: Editorial Comments on “The Courts and Our Daily Lives” – Roderick Joyce QSO QC and “Technology and Civil Justice” – Michael Legg; Case Notes: “Newling v FSS Trustee Corp (No 2)  NSWSC 1405” – Jeremy L Harrison; and Book Review: “Friston on Costs (3rd Ed), by Mark Friston” – Roger Quick and Stephen Warne.
The Australian Law Journal and the TC Beirne School of Law at the University of Queensland held a conference on 6 April 2019 to consider the future of religious freedom in Australia following the report of the Religious Freedom Review, led by former Attorney-General Philip Ruddock. Selected papers from the conference are to be published in a special edition of the Australian Law Journal in September entitled “Religious Freedom”.
The latest Part of the Australian Law Journal contains the following articles: “Vulnerability of Elders to Physical Harm and Death: Criminal Law Responses” – John Anderson; “Preventing Miscarriages of Justice: The Reliability of Forensic Evidence and the Role of the Trial Judge as Gatekeeper” – Chris Maxwell; “Rights and Freedoms under the Australian Constitution: What Are They and Do They Meet the Needs of Contemporary Australian Society?” – Ashleigh Mills; and “Prints, Profiles and Templates: Adducing Biometric Evidence in Australian Courts” – Marcus Smith and Gregor Urbas. This Part also includes the following sections: Current Issues; Conveyancing and Property; Around the Nation: Tasmania; Equity and Trusts; and Book Reviews.
The latest Part of the Building and Construction Law Journal includes the following articles: “Cladding – Who Will Pay?” – Mark Waller, Chris Erfurt and Tara Mulroy; and “Is the Prevention Principle Still Relevant? A Case for Statutory Intervention” – Michael Elliott.
Also in this Part is an Editorial; Book Review: “International Construction Contract Law (2nd ed)” by Lukas Klee – Reviewed by Rami Marginean; Case Note: “Termination of Construction Contracts: The Good Faith Risk” – Jeffrey Goldberger, Emanuel Confos and Harriet Oldmeadow; and Reports on the following cases: Santos Ltd v BNP Paribas; Icon Co (NSW) Pty Ltd v Australia Avenue Developments Pty Ltd; and Robinson v 470 St Kilda Road Pty Ltd.
This issue of the Journal of Law and Medicine includes the following articles: “Social Responsibilities of the Global Pharmaceutical Companies: Towards an Ethical Health Care Paradigm” – Abhay Vir Singh Kanwar and Mia Mahmudur Rahim; “Legislative Capture: A Critical Consideration in the Commercial Determinants of Public Health” – Tony Brown; “Rational Social Impact Assessment of Alcohol Outlets: Slip Sliding Away” – Alison Ziller and Tony Brown; “Mandatory Welfare Drug Treatment in Australia” – Allan Ardill;”A Cross-sectional Survey of Health Professionals’ Attitudes toward Medicinal Cannabis Use as Part of Cancer Management” – Denesh Hewa-Gamage, Sarah Blaschke, Allison Drosdowsky, Trista Koproski, Anna Braun and Steve Ellen; “Outcome Bias in Clinical Negligence Medico-legal Cases” – Thom Petty, Lucy Stephenson, Pierre Campbell and Terence Stephenson; “Occupational Therapy Domestic Needs Assessment: Lawyer Perspectives” – Susan Arnold, Lynette Mackenzie, Michael Millington and Carole James; “Retained Surgical Items: Lessons from Australian Case Law of Items Unintentionally Left Behind in Patients after Surgery” – Tina Cockburn, Juliet Davis, and Sonya Osborne; “Understanding Client Vulnerability in the Disciplining of Legal Professionals in New South Wales” – Jennifer Schulz-Moore, Kate Diesfeld and Christine Forster; “Dealing with Patent Fragmentation in Genetics: Can Patent Pools Facilitate the Development of CRISPR Gene-Editing Technology?” – Alessandro Stasi and Isabel Pereira Rodrigues; “Considering the Provision of Growth Attenuation Treatment to Profoundly Disabled Children in Light of the Family Court’s Welfare Jurisdiction” – Elpitha (Peta) Lee Spyrou; “Advance Care Planning: A Communitarian Approach?” – Tracey Evans Chan; “Teachers’ Health, Wellbeing and Professional Misconduct. An Exploratory Analysis of Cases from New Zealand’s Teachers Disciplinary Tribunal 2017–2018” – Marta Rychert and Kate Diesfeld; and “Decisional Competence and Fitness to Stand Trial in New Zealand” – Brent Hyslop.
Also in this Part are the following sections: Editorial: “Encouraging and Rewarding the Whistleblower in Research Misconduct Cases” – Ian Freckelton QC; Legal Issues: “Electroconvulsive Therapy without Consent: The Influence of Human Rights Law” – Bernadette McSherry; Medical Issues: “The Role of Patient-reported Outcome Measures in Post-operative Death Investigations” – Anant Divyang Butala, Joseph Elias Ibrahim, Lyndal Bugeja and David Ranson; Medical Law Reporter: “Australian Medical Professionals, National Security and Administrative Offshore Punishment of Asylum-Seekers: Regulatory Update Including the Medevac Legislation” – Sarah Miller and Thomas Faunce; and Obituary: Thomas Alured Faunce. There is also a review of the following book: “Defeating the Ministers of Death; The Compelling History of Vaccination” by David Isaacs – Reviewed by Ian Freckelton QC.