Journal Alerts
Australian Business Law Review update: Vol 49 Pt 2
The latest Part of the Australian Business Law Review includes the following articles: “An Impending ‘Avalanche’: Debt Collection and Consumer Harm After COVID-19” – Lucinda O’Brien, Vivien Chen, Ian Ramsay and Paul Ali; and “A New Worker Category under the Personal Service Income Regime in Australia” – Christina Allen. Also in this Part are the following sections: Editorial – Michael Terceiro; Commercial Litigation: “Federal Court Opens Door to Pre-trial Oral Discovery in Australia” – Michael Legg; New Zealand Newsletter: “Reckless Trading Makes Its DEBUT in the New Zealand Supreme Court” – Matthew Berkahn and Lindsay Trotman; and Competition Law and Market Regulation: “Merger Movements: International Co-ordination of Merger Clearance Policy” – Rob Nicholls.
Building and Construction Law Journal update: Vol 37 Pt 1
The latest Part of the Building and Construction Law Journal includes the following articles: “Raising Consumer Confidence in Residential Apartment Buildings – The New South Wales Pillar 1 Reforms” – Laina Chan; and “Design and Building Practitioners Act 2020 (NSW)” – Hon Robert McDougall QC. Also in this Part are the following sections: Editorial: “Protecting the Public from Unsafe or Otherwise Defective Residential Buildings – Recent Reforms”; and Reports on the following cases: Tianqi Lithium Kwinana Pty Ltd v MSP Engineering Pty Ltd (No 2); Mistrina Pty Ltd v Australian Consulting Engineers Pty Ltd; Civil Contractors (Aust) Pty Ltd v Galaxy Developments Pty Ltd; and MTR Corporation (Sydney) NRT Pty Ltd v Thales Australia Ltd.
Company and Securities Law Journal update: Vol 38 Pt 6
The latest Part of the Company and Securities Law Journal includes an Editorial as well as the following articles: “The Future of Clearing and Settlement in Australia: Part I – The Current System” – Christian Chamorro-Courtland; “A Civil Law Solution to the Social Licence to Operate and Directors’ Duties Conundrum in Australia” – Julia Dreosti, Bimaya De Silva and Katie Walsh; and “Is There Underenforcement of Corporate Criminal Law? An Analysis of Prosecutions under the ASIC Act and Corporations Act: 2009–2018” – George Gilligan and Ian Ramsay.
Insolvency Law Journal update: Vol 29 Pt 3
The latest Part of the Insolvency Law Journal includes the following article: “Receivership: A New Direction” – Myles Bayliss. Also in this Part are the following sections: Editorial – Dr David Morrison; Recent Developments: “Back to Basics – s 588FA, Corporations Act: Is a Diminution of a Company’s Assets a Pre-condition to the Existence of a Preference? The Mischief of the ‘Doctrine of Ultimate Effect’ Exposed” – Dr Garry J Hamilton; “CATSI Act Insolvency Reform” – Mary Wyburn; and “Likelihood of Insolvency and the Duties of Directors in the European Directive on Restructuring and Insolvency” – Sérgio Coimbra Henriques; and New Zealand Report: “The New Zealand Court of Appeal’s Take on Insolvent Trading: Yan v Mainzeal Property and Construction Ltd (in liq)”.
Australian Law Journal update: Vol 95 Pt 8
The latest Part of the Australian Law Journal contains the following articles: “Aboriginal Australians and the Common Law” – The Honourable Margaret Beazley AC QC; “The Rise of the Anti-arbitration injunction” – Justice AS Bell; and “The Requirement of Property or Possessory Rights for Relief against Forfeiture” – Fabian Di Lizia. This Part also includes the following sections: Current Issues: “Rethinking COVID-19 State Border Closures”; “From the Law Schools – A New Editor”; “Excluded: The Democratic Deficit in Interstate Border Closures”; and “The Curated Page”; From the Law Schools: “Australian Legal Education – Moving Forward in 2021”; Admiralty and Maritime: “Admiralty and Maritime and the South China Sea”; Technology and the Law: “Designing for Consumers: Australian Competition and Consumer Commission v Google LLC (No 2)”; Family Law: “A Financial Agreements Conundrum”; and International Focus: “Australia’s New Foreign Relations Legislation”.
Australasian Dispute Resolution Journal update: Vol 31 Pt 2
The latest Part of the Australasian Dispute Resolution Journal includes the following articles: “Mediation and Negotiation in Legal Disputes” – Michael McHugh AC QC; “Mediating Workplace Bullying: A Reflective Case Study” – Elizabeth Spencer; “The Emotional Advantage: How Dispute Resolution Practitioners Can Embrace the Transformative Capacity of Emotion and De-escalate Conflict” – Sophie Whittaker; “Mediation for Tackling Nigerian Medical Disputes: A Mutually Beneficial Option?” – Adesina Temitayo Bello and Adetoun Onibokun; “Carve Outs in Arbitration Agreements: Tianqi Lithium Kwinana Pty Ltd v MSP Engineering Pty Ltd [No 2]” – Thomas Camp; “The Court of Arbitration for Sport and the Shayna Jack Doping Case” – James Duffy and John O’Brien; and “Family Dispute Resolution for Property Matters: The Case for Making Space” – Genevieve Heard, Andrew Bickerdike and Jamie Lee.
It also contains the following sections: Editorial – Ruth Charlton; ADR Case Notes: “Case Notes: Misleading Conduct in the Procurement of a Mediated Settlement Agreement” – David Spencer; Matters of Interest: “The Impact of Grief through Loss in New South Wales Workers Compensation Commission Mediations” – Katherine Johnson; and Book Review: “Legal Reasoning Across Commercial Disputes”, by Professor SI Strong – Reviewed by Russell Thirgood.
Australian Journal of Administrative Law update: Vol 28 Pt 2
This Part includes the following articles: “Judicial Impartiality, Bias and Emotion” – Kathy Mack, Sharyn Roach Anleu and Jordan Tutton; “Apprehended Bias in Integrated Online Dispute Resolution” – Anna Olijnyk and Joe McIntyre; “Recusal, Reconstitution and the Reasonable Apprehension of Bias in Australian Statutory Tribunals” – Sarah Lim; and “Is There a ‘Small Town’ Exception to the Bias Rule?” – Mathew Groves. Also in this Part is a Preface by The Hon RS French.
Insolvency Law Journal update: Vol 29 Pt 2
The latest Part of the Journal includes the following articles: “Heritage and Vitality: Whether the Rule in Antony Gibbs Is a Presumption” – Neerav Srivastava; and “Insolvency Practitioners: A Phenomenological Study” – Elizabeth Streten. Also in this Part are the following sections: Editorial – Dr David Morrison; Recent Developments: “Is a Statutory Demand a Document in a Legal Proceeding? A Surprisingly Vexed Definitional Issue Finally Coming to an End?” – Shane Campbell and William Porter; and Book Review: “Reinventing Bankruptcy Law: A History of the Companies’ Creditors Arrangement Act”, by Virginia Torrie – Reviewed by David Morrison.
Journal of Judicial Administration update: Vol 30 Pt 4
The latest Part of the Journal of Judicial Administration includes the following articles: “Aggravating and Mitigating Factors in Sexual and Non-sexual Violent Cases” – Kate Warner, Lorana Bartels, Julia Davis, Lynne Roberts, Caroline Spiranovic and Karen Gelb; and “Expanding ADR in Our Courts: Mediation and the Judiciary” – Alexander Xynas.
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Criminal Law Journal update: Vol 45 Pt 3
The latest Part of the Criminal Law Journal includes the following articles: “Injustice Arising from the Unnoticed Power of Priming: How Lawyers and Even Judges can be Misled by Unreliable Transcripts of Indistinct Forensic Audio” – Helen Fraser and Yuko Kinoshita; “Check Your Privilege: The Foundation of Legal Professional Privilege within the Commonwealth Director of Public Prosecutions” – Adam Murphy; and “The Use of Victim Impact Statements in Sexual Offence Sentencing: A Critique of Judicial Practice” – Rhiannon Davies and Lorana Bartels. Also in this Part is an Editorial: “The Burden and Standard of Proof”; Contemporary Comment: “Affirmative Consent in New South Wales: Progressive Reform or Dangerous Populism?” – Andrew Dyer; and Digest of Criminal Law Cases.