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The latest Part of the Australian Law Journal contains the following articles: “Cargo Lost Overboard in Australian Waters: Their Management and Australian Law” – Laura Heit and Michael White; “Did Dad Get It Wrong? Bursill Enterprises Pty Ltd v Berger Bros Trading Co Pty Ltd” – The Honourable WV Windeyer; “Workers, Apps and Fairness: Contracting in the Gig Economy” – Katrina Woodforde; and “Can ADR Improve Expert Evidence?” – Nick Wray-Jones and Jason M Chin. This Part also includes the following sections: Current Issues: “An Inauspicious Anniversary”; “More on Dealing with Inappropriate Behaviour in the Legal Profession”; “Stage 2 Defamation Reform”; “Thank You Artspace”; “The Rule of Law”; “The Fit and Proper Person Test and the Rule of Law – One Size Does Not Fit All”; and “The Curated Page”; Letter to the Editor; Around the Nation: Northern Territory: “Retirement of Justice Hiley RFD”; and “Burial Rights”; Environmental Law: “Commonwealth”; and “Significant Environmental Decisions of the Federal Court”; Technology and the Law: “Cyber Security Essentials When Doing Legal Work from Home”; and International Focus: “IA–CEPA and the Increasingly Complex Architecture for International Trade in the Asia- Pacific Region”.
Company and Securities Law Journal Special Issue: Financial Services Laws – Understanding the Devil in the Detail (Vol 38 Pt 5)
This Special Issue of the Company and Securities Law Journal includes the following articles: “Legislative Design – Clarifying the Legislative Porridge” – Andrew Godwin, Vivienne Brand and Rosemary Teele Langford; “Delegated Legislation in Financial Services Law: Implications for Regulatory Complexity and the Rule of Law” – Tess Van Geelen; “Disclosure (Dis)content: Regulating Disclosure in Prospectuses and Product Disclosure Statements” – Phoebe Tapley and Andrew Godwin; “Australia’s Licensing Regimes for Financial Services, Credit, and Superannuation: Three Tracks toward the Twin Peaks” – Cindy Davies, Samuel Walpole and Gail Pearson; and “Regulating for Loyalty in the Financial Services Industry” – Samuel Walpole, M Scott Donald and Rosemary Teele Langford. Also in this Part are the following sections: Editorial; and Overview: “Special Issue on the Australian Law Reform Commission Legislative Mapping Project” – Justice Sarah Derrington, Rosemary Teele Langford and Andrew Godwin.
The latest Part of the Journal includes the following articles: “Unfair Preferences as an Instrument of Restoration” – Nikita Angelakis; and “To the Purpose: Unduly Narrow Standing under s 447C” – Paulina Fishman. Also in this Part are the following sections: Editorial – Dr David Morrison; Recent Developments: “‘Electronic Communication’ Amendments to the Corporations Act: Implications for Service of Statutory Demands” – Mark Wellard; and Report from New Zealand: “The Operation and Development of New Zealand’s Personal Insolvency Regime in 2020” – Lynne Taylor.
In the latter part of 2020, the Australian Law Reform Commission (ALRC) was tasked by the Federal Government to review the legislative framework for corporations and financial services regulation, with a view to ensuring, “within … existing policy settings”, that framework is “adaptive, efficient and navigable”. For the Royal Commission into Misconduct in the Banking, ...more
The latest Part of the Building and Construction Law Journal includes the following article: “For Fetter or Worse: The Fettering Doctrine and Government Building Contracts” – Paul Tamburro. Also in this Part are the following sections: Editorial: “Significant Cases Reported in the Volume 36”; and Reports on the following cases: Roude v Helwani; White Constructions Pty Ltd v PBS Holdings Pty Ltd; and TFM Epping Land Pty Ltd v Decon Australia Pty Ltd.
This Issue of the Environmental and Planning Law Journal includes the following articles: “Licensing Greenhouse Gas Emissions in Western Australia” – Olivia De Koning, Helena Nguyen and Alex Gardner; “Standing Outside: An Environment of Challenge and Withheld Cures” – Matthew Groves; “Visions of Electrification and Potential for Decarbonisation: The Absence of Ridesharing and Carsharing in Australia’s Electric Vehicle Policy” – Alannah Milton; “Returning the Environment to Their Custodians: Strengthening Indigenous Influence in Environmental Decision-making” – Kenny Ng; and “Child Rights and Climate Change: Litigative Avenues for Australian Children” – Stefan Prelevic.
The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “One-Stop Shop: Consumer Credit Issued at the Point of Sale” – Lucinda O’Brien, Ian Ramsay, Paul Ali and Mihika Upadhyaya; “Letters of Credit: Model for the Illegality Exception and for the UCP to Address Exceptions to the Principle of Autonomy” – Mohd Hwaidi; and “The Banker’s Obligation to Pay and the Scope of the Quincecare ‘Duty'” – Lee Aitken. Also in this Part are the following sections: Banking Law and Banking Practice: “CBDC: Digital Cash as Legal Tender” – Alan L Tyree; and Insolvency Law and Management: “Simplified Liquidation: A Different Test for Insolvency?” – Lindsay Powers.
The latest Part of the Journal of Judicial Administration includes the following articles: “Do Juries Understand the Criminal Standard of Proof of Beyond Reasonable Doubt? – Andrew Hemming”; and “Maximising the Pivot to Online Courts: Digital Transformation, Not Mere Digitisation” – Vicki Waye, Joe McIntyre, Jane Knowler, Anna Olijnyk, Collette Snowden, Ben Martini, Gaye Deegan and Jasmine Palmer.
The latest Part of The Queensland Lawyer includes the following articles: “The Statutory Life of Caretaking Service Agreements in Body Corporates in Queensland: The Exception to the Freedom of Contract Principle” – Neil Samuel Hope and Dane Bryce Weber; and “The Human Rights Act 2019 – Does It Make Any Difference?” – Andrew West. This Part also includes the following sections: Editorial; Commercial Law: “Casino’s Pursuit of a Gaming Debt in Two Different Forums: Star Entertainment Qld Ltd v Wong  QSC 67”; Conveyancing and Property Law: “When Is Service by Email Effected?”; Criminal Law: “Private Complaints in Relation to Indictable Offences”; Health and Guardianship Law: “The Commencement of Hormone Therapy for Minors with Gender Dysphoria: A Recent Queensland Case”; Industrial Law: “R v Brisbane Auto Recycling Pty Ltd: Industrial Manslaughter under the Work Health and Safety Act (Qld) 201”; and Book Reviews: “The Tuning Cymbal: Selected Papers and Speeches of Robert French”, by R Pascoe – Reviewed by Fiona Maher; “Admiralty Jurisdiction”, by DJ Cremean – Reviewed by Julius Moller; “Proportionality in Australian Constitutional Law”, by Shipra Chordia – Reviewed by Thomas Feeney; and “Treaty”, by George Williams and Harry Hobbs – Reviewed by Sunny van den Berg.
The latest Part of the Tort Law Review includes the following articles: “Questioning the Social Utility of Social Utility in the Australian Civil Liability Legislation” – Leigh Smith and Vernon Nase; “Back to Basics? Recent Developments in Vicarious Liability in the UK Supreme Court” – Aaron Yoong and Sui Yi Siong; and “Creating Coherency in Conversion of (In)tangible Property in New Zealand” – Jessica C Lai. Also in this Part is a Book Review: “Unexpected Consequences of Compensation Law”, edited by Prue Vines and Arno Akkermans – Reviewed by Dr Tina Popa.