The latest Part of the Australian Law Journal contains the following articles: “Reflections Upon Constitutional Interpretation And The “Aliens Power”: Love V Commonwealth” – Peter Gerangelos; “The Fluctuating Incidence Of The Burden Of Proof Under The Hague-Visby Rules: The Implications Of Volcafe Ltd V Compania Sud Americana De Vapores Sa [2019] Ac 358 For The Position In Australia” – Angus Stewart; and “Overruling Constitutional Precedent” – Joshua Thomson SC and Madeleine Durand. This Part also includes the following sections: Current Issues: “Afghanistan – Office of Special Investigator”; “Royal Commission into Police Informants”; “Press Freedom; National Security and the Law”; “The AG’s Gambit: National Defamation Reform Enters Its Middlegame”; and “The Curated Page”; Conveyancing and Property: “The Mortgagee’s Duty to Account – Rowe and Nom de Plume”; Around the Nation: Victoria: “COVID-19 and Emergency Regulations”; Admiralty and Maritime: “World in a Box: Impact of Containerisation on Shipping Transactions”; and Book Review: “The Washington Diaries of Owen Dixon, 1942–1944”, by Philip Ayres.
Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged Admiralty and Maritime, Afghanistan – Office of Special Investigator, ALJ, Angus Stewart, Around the Nation: Victoria, book review, Brendan Edgeworth, circumstances in which a constitutional precedent decided by the High Court of Australia may be overturned, Conveyancing and property, COVID-19 and Emergency Regulations, Current issues, Dr Damien J Cremean, extent of Commonwealth legislative power in s 51(xix) of the Constitution, High Court of Australia in Great China Metal Industries Co Ltd v Malaysian International Shipping Corporation Berhad (1998) 196 CLR 161, House of Lords in Albacora SRL v Westcott & Laurence Line Ltd [1966] 2 Lloyd’s Rep 53; 1966 SC (HL) 19, Joshua Thomson SC, Justice François Kunc, liability of carriers of cargo by sea for loss of or damage to cargo, Madeleine Durand, majority and dissenting reasoning, National Security and the Law, obligations on the carrier to make the ship seaworthy and care for the cargo (Art III rr 1 and 2), Overruling Constitutional Precedent, Peter Gerangelos, Press Freedom, provisions except the carrier from responsibility for loss or damage (Art IV r 2), Reflections Upon Constitutional Interpretation And The "Aliens Power": Love V Commonwealth, Robert Angyal SC, Royal Commission into Police Informants, The AG's Gambit: National Defamation Reform Enters Its Middlegame, The Curated Page, The Fluctuating Incidence Of The Burden Of Proof Under The Hague-Visby Rules: The Implications Of Volcafe Ltd V Compania Sud Americana De Vapores Sa [2019] Ac 358 For The Position In Australia, The Hon Dr Clyde Croft AM SC, The Mortgagee's Duty to Account – Rowe and Nom de Plume, World in a Box: Impact of Containerisation on Shipping Transactions |
The latest Part of the Australian Business Law Review includes the following articles: “Doing Wrong for the Right Reasons: ASIC and Foreign Language Business Names” – Timothy Magarry; “Off-duty Misconduct and the Employment Relationship: A Review of the Case Law” – Giuseppe Carabetta; and “”Criminalising Wage Theft” – Some Observations on Deterrence, Enforcement and Compliance” – Mark Lewis. Also in this Part are the following sections: Editorial – Michael Terceiro; Company and Law Securities: “”Carrying on Business in Australia”: A Study of Court Judgments” – Ian Ramsay and Mihika Upadhyaya; and Commercial Litigation: “A More Assertive Approach by ASIC to Using Information-Gathering Powers and Challenging Privilege Claims?” – Michael Legg and Daniel Faber.
Posted in Australian Business Law Review (ABLR), Journals, Update Summaries | Tagged "Carrying on Business in Australia": A Study of Court Judgments, A More Assertive Approach by ASIC to Using Information-Gathering Powers and Challenging Privilege Claims?, ABLR, articles, Australian Securities and Investments Commission (ASIC), Business Names Registration Act 2011 (Cth), business names with non-English characters, Commercial Litigation, company law and securities, criminal penalties for wage theft, Criminalising Wage Theft – Some Observations on Deterrence Enforcement and Compliance, criteria to determine if an employees' conduct outside of work justified dismissal, Daniel Faber, Doing Wrong for the Right Reasons: ASIC and Foreign Language Business Names, Editorial, Fair Work Act 2009 (Cth), federal workplace laws reform, Giuseppe Carabetta, Ian Ramsay, Mark Lewis, Michael Legg, Michael Terceiro, Mihika Upadhyaya, Off-duty Misconduct and the Employment Relationship: A Review of the Case Law, Olivia Dixon, Rose v Telstra Corp Ltd (Rose), significant underpayments of worker wages and entitlements, systemic levels of corporate non-compliance with workplace laws, Timothy Magarry, wage underpayment scandals |
The latest Part of the Australian Intellectual Property Journal includes the following articles: “Creative Machines: AI and IP Rights in Digital Authorship and Patentable Inventions” – Francina Cantatore; “Protecting the Golden Egg: Can Australian Copyright Law Respond to the Growing Problem of Live Sports Broadcast Piracy?” – Lachlan Gepp; and “Time to Face the Music: Lifting the Australian Commercial Radio Royalty Cap” – Mary Whitehead. There is also an Editorial by Dr David Brennan.
Posted in Australian Intellectual Property Journal (AIPJ), Journals, Update Summaries | Tagged 1% statutory pricing cap, AIPJ, articles, Australian copyright law framework, author and inventor in the technology age, computational creativity, Copyright Act 1968 (Cth), copyright infringement claim in the digital age, counter-technologies, Creative Machines: AI and IP Rights in Digital Authorship and Patentable Inventions, Dr David Brennan, Editorial, fair licence fees, Francina Cantatore, illegal live streaming, intellectual property (IP) rights in AI-generated content, IP frameworks and AI creativity, Lachlan Gepp, live content distribution, live sports broadcast rights, Mary Whitehead, music industry's global neighbouring rights market, online piracy, ownership in artificial intelligence (AI) generated works, Protecting the Golden Egg: Can Australian Copyright Law Respond to the Growing Problem of Live Sports Broadcast Piracy?, record labels and performers royalties, rights ownership, s 152(8) of the Copyright Act 1968 (Cth), Time to Face the Music: Lifting the Australian Commercial Radio Royalty Cap |
The latest Part of the Building and Construction Law Journal includes the following articles: “Is It Time for an Express Term of Good Faith in Australian Construction Contracts?” – Joseph Biagio Xuereb; and “No-reliance Clauses: Are They Effective at Limiting a Principal’s Liability for Misleading or Deceptive Conduct?” – Eileen Yang. Also in this Part are the following sections: Editorial; Book Review: “Construction Law (3rd ed)”, by Julian Bailey – Reviewed by Michael Christie SC; and Reports on the following cases: Leeda Projects Pty Ltd v Zeng; TFM Epping Land Pty Ltd v Decon Australia Pty Ltd; and C&V Engineering Pty Ltd v Hamilton & Marino Builders Pty Ltd.
Posted in Building and Construction Law Journal (BCL), Journals, Update Summaries | Tagged "no-reliance" clauses, An Avoidable Pitfall for Construction Project Participants, articles, AS11000: General Conditions of Contract, Australian Consumer Law's (ACL) prohibition against misleading or deceptive conduct, BCL, book review, C&V Engineering Pty Ltd v Hamilton & Marino Builders Pty Ltd, construction contracting, Construction Law (3rd ed), dispute avoidance and management, Editorial, Eileen Yang, global best practice in express clauses requiring contracting parties to act in good faith, Is It Time for an Express Term of Good Faith in Australian Construction Contracts?, Joseph Biagio Xuereb, Julian Bailey, Leeda Projects Pty Ltd v Zeng, Michael Christie SC, No-reliance Clauses: Are They Effective at Limiting a Principal's Liability for Misleading or Deceptive Conduct?, recommendations for reform of Australian standard form construction contracts, relational contracting theory, Reports, Standards Australia, TFM Epping Land Pty Ltd v Decon Australia Pty Ltd, trade and commerce |
This Issue of the Environmental and Planning Law Journal includes the following articles: “Judicial Consideration of Intergenerational Equity in Australian Coal Mine Approval Litigation” – Edward Cleary; “The Balance of Environmental Protection and Economic Development in Federal Decision-making: An Investigation into Section 74A of the Environment Protection and Biodiversity Conservation Act 1999 (Cth)” – Timothy Dickson and Katie Woolaston; “Regulation of Land-based Marine Pollution in Australia: A Critical Assessment of the Current Legal Framework and Opportunities for Reform” – Nathan Hegerty; “An Inconvenient Covenant: How Climate Risks Are Transforming Australian Superannuation Trustees’ Liability under Statutory Covenants” – Olivia Kilponen; and “Legal Rights to Take Water for Managed Aquifer Recharge Projects in Western Australia” – Clare Ward-Noonan.
Posted in Environmental and Planning Law Journal (EPLJ), Journals, Update Summaries | Tagged articles, climate change, Edward Cleary, EPLJ, Gloucester Resources v Minister for Planning, Gray v Minister for Planning, intergenerational equity, Judicial Consideration of Intergenerational Equity in Australian Coal Mine Approval Litigation, New Acland v Ashman and Chief Executive Department of Environment and Heritage Protection (No 4), New Acland v Smith |
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