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The latest issue of the Australian Law Journal (Volume 93 Part 12) contains the following material:
CURRENT ISSUES – Editor: Justice François Kunc
- An End-of-Year Innovation
- A New Link across the Tasman; a guest contribution by The Right Honourable Dame Helen Winkelmann GNZ, Chief Justice of New Zealand
- The Curated Page
CONSTITUTIONAL LAW – Editor: Anne Twomey
- Dicey on Brexit and the Conservative Nature of Referendums
STATUTORY INTERPRETATION – Editor: The Hon John Basten
- Statute and the Common Law
NEW ZEALAND – Editor: Justice Matthew Palmer
- Recent Bill of Rights Cases in New Zealand: From Toupee to Tooth Decay
AROUND THE NATION: NORTHERN TERRITORY – Editor: Hon Dean Mildren AM RFD QC
- Compulsory Retirement Age for Judges Increased to 72
PERSONALIA – Editor: Emily Vale
The Hon John Dowsett AM QC
- Justice Wendy Abraham
- Justice Stewart Anderson
- Justice John Snaden
- Justice Jennifer Hill
RECENT CASES – Editor: Ruth C A Higgins SC
- Constitutional Law (Cth) – Implied Freedom of Communication on Governmental and Political Matters – Whether ss 10(1), 13(11) and 15(1) of Public Service Act Impose Effective Burden on Implied Freedom – Whether Justified – Whether for Legitimate Purpose – Whether Suitable, Necessary and Adequate in Balance
- Defamation – Publication – Liability of Media Company Owner of Public Facebook Page for Comments by Third Party Users
Penalty Privilege in Non-curial Proceedings: The Decision in Frugtniet – Simon Frauenfelder
In its recent decision in Migration Agents Registration Authority v Frugtniet (Frugtniet), the Full Court of the Federal Court of Australia held that the privilege against self-exposure to a penalty – known as “penalty privilege” – did not apply in non-curial proceedings of the Administrative Appeals Tribunal relating to cancellation of a migration agent’s registration. In doing so, the Full Federal Court also purported to lay down a “three-factor test” of general application as to when penalty privilege would apply in the Australian federal context. By reference to key Australian authorities on penalty privilege, this article argues that the Full Court’s decision and its “three-factor test” are incorrect in that the decision wrongly overlooked persuasive intermediate appellate court authority, it did not consider all relevant aspects of the governing statute and did not account for Australian courts’ historical expansion of penalty privilege. The article submits that, since special leave to appeal the decision in Frugtniet has been denied, the issue of whether and when penalty privilege will apply in non-curial proceedings must soon be addressed by the High Court.
Collective Best Interests in Strata Collective Sales – Edward S W Ti
New South Wales’ strata regime has had considerable global influence, inspiring many jurisdictions across and beyond the commonwealth. Both Singapore and British Columbia have adopted New South Wales’s strata model. That being said, these jurisdictions have permitted a collective sale by a supermajority of owners for some two decades while New South Wales only recently enacted legislation allowing for a strata scheme to be redeveloped or collectively sold via a 75% majority. This marks a significant milestone as it departs from the orthodox position requiring unanimity. Given the newness of the legislative amendments, there is no jurisprudential guidance regarding the content of a strata renewal committee’s duty in New South Wales. Through a comparative analysis of British Columbia and Singapore, this article suggests how New South Wales could articulate the duty of care imposed on the strata renewal committee when effecting a collective sale. Being only the second State in Australia to permit strata renewal by a supermajority, the issues raised by the article may be of some interest in coming years.
- Indonesian Law, by Simon Butt and Tim Lindsey
For the PDF version of the table of contents, click here: ALJ Vol 93 No 12 Contents.
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