We have received the following letter from The Hon Michael Kirby AC CMG in response to the September issue of the Australian Law Journal.
The latest Part of the Australian Intellectual Property Journal includes the following articles: “An Empirical Analysis of 15 Years of Australian Domain Name Disputes” – Andrew F Christie, James Gloster and Sarah Goddard; “Protecting Profits Post-Patent Expiry: ACCC v Pfizer, Patents and Competition Law” – Arlen Duke and Rhonda L Smith; and “Mitey Marks and Expressive Uses of Culturally Significant Trade Marks in Australia” – Genevieve Wilkinson. There is also an Editorial by David Brennan.
This Part includes the following articles: “A Typology of Materiality” – Paul Daly; “Failure to Adhere to Policy: A Category of Jurisdictional Error?” – Patrick McCabe; and “Creating a Framework for Evaluating the ‘Effectiveness’ of the Commonwealth Ombudsman” – Jeremy (Wei Peng) Soh. Also in this Part are the following sections: Editorial; Casenote: In Defence of Spent Convictions: Frugtniet v Australian Securities and Investments Commission and the Administrative Decision-Maker; and Book Reviews.
The latest Part of the Journal of Judicial Administration includes the following articles: “Protecting Victims and Vulnerable Witnesses Participating in Royal Commissions: Lessons from the 2016–2017 Royal Commission into the Protection and Detention of Children in the Northern Territory” – Taylah Cramp and Anita Mackay; and “Robo-Judge: Common Law Theory and the Artificially Intelligent Judiciary” – Meena Hanna.
This Special Issue of the Environmental and Planning Law Journal includes an Editorial: “Governing Energy Transitions: Unconventional Gas, Renewables and Their Environmental Nexus” – Cameron Holley, Amanda Kennedy, Tariro Mutongwizo and Clifford Shearing; and the following articles: “International Environmental Law and the Anthropocene’s Energy Dilemma” – Louis J Kotzé; “Governing the Energy Transition: The Role of Corporate Law Tools” – Jacqueline Peel, Anita Foerster, Brett McDonnell and Hari M Osofsky; “Complicity in Climate Harms: A Case Study of Australia’s Gas Export Industry” – J Moss and E Walsh; “Smart Planning for Unconventional Oil and Gas Development” – Mark Squillace; “Fracking and Transboundary Water Management” – Rhett B Larson; “Shaping Unconventional Gas Regulation: Industry Influence and Risks of Agency Capture in Texas, Colorado and Queensland” – Cameron Holley, Tariro Mutongwizo, Clifford Shearing and Amanda Kennedy; “Big Time: An Empirical Analysis of Regulating the Cumulative Environmental Effects of Coal Seam Gas Extraction under Australian Federal Environmental Law” – Rebecca Nelson; “Coal Seam Gas Regulation in New South Wales: Drawing the Connections Between Risk, Communication and Trust” – Katherine Owens; and “More Joules per Drop–How Much Water Does Unconventional Gas Use Compared to Other Energy Sources and What Are the Legal Implications?” – Wendy A Timms, Sudeep Nair and Rebecca Nelson.
The latest Part of the Criminal Law Journal includes the following articles: “The Operation of Australian ‘One Punch’ Laws: 2008–2018” – Julia Quilter; “In Support of a Decisional Paradigm for Assisted Dying” – David Caruso, Alex Biedermann, Joëlle Vuille and Danielle Gilby; and “A Critical Analysis of the Conduct and Fault Elements in ‘Revenge Porn’ Criminalisation” – Tyrone Kirchengast and Thomas Crofts. Also in this Part is an Editorial on alternatives to short prison sentences; and a Digest of Criminal Law Cases.
This issue of the Journal of Law and Medicine includes the following articles: “Medicare Billing, Law and Practice: Complex, Incomprehensible and Beginning to Unravel” – Margaret Faux, Jonathan Wardle and Jon Adams; “Untangling the Threads: Stakeholder Perspectives of the Legal and Ethical Issues Involved in Preparing Australian Consumers for Commercial Surrogacy Overseas” – Lana Zannettino, Lauren Lines, Julian Grant and Sheryl L de Lacey; “Disclosure of Genetic Results to At-risk Relatives without Consent: Issues for Health Care Professionals in Australia” – Rebekah McWhirter, Carolyn Johnston and Jo Burke; “Obesity and Taxation – Is Australia Ready?” – Lidia Xynas; “In the Footsteps of Teiresias: Treatment for Gender Dysphoria in Children and the Role of the Courts” – Mike O’Connor and Bill Madden; “A Doctor’s Discretion Not To Offer Life-sustaining Treatment” – James Cameron; “Why Do I Have To Keep Waking Up? Terminal Sedation and the Law in Australia” – Kieran Tapsell; and “An Objective Approach to Decisions to Withdraw or Withhold Life-sustaining Medical Treatment” – Julian Savulescu and James Cameron.
Also in this Part are the following sections: Editorial: “The Complementary Medicine Insurance Wars: The Unresolved but Politicised Australian Theatre of Combat” – Ian Freckelton QC; Legal Issues: “Doctors, Defamation and Damages: Medical Practitioners Fighting Back” – Ian Freckelton QC and Tina Popa; Medical Issues: “Post-sentence Detention and Supervision: The Role of Multi-agency Panels” – Bernadette McSherry, Rajan Darjee and Danny Sullivan; Bioethical Issues: “Responsible Use of Machine Learning Classifiers in Clinical Practice” – Abhishek Mishra; Complementary Health Issues: “Guidance on Prescription of Homeopathic Treatments: Ramifications of a Failed Administrative Law Challenge” – Ian Freckelton QC; Medical Law Reporter: “Concussion, Defamation and the Ringside Doctor” – Ian Freckelton QC; Obituary: Thomas (Tom) Douglas Campbell (1938–2019); and Book Review: “Unnatural Causes” by Richard Shepherd – Reviewed by Ian Freckelton QC.
The latest Part of the Building and Construction Law Journal includes this article: “Arbitration, Improving the Process” – Ian H Bailey AM SC. Also in this Part is an Editorial; and Reports on the following cases: Seymour Whyte Constructions Pty Ltd v Ostwald Bros Pty Ltd (In Liq); Structural Monitoring Systems Ltd v Tulip Bay Pty Ltd; and Ku-ring-gai Council v Ichor Constructions Pty Ltd.
EPLJ Special Issue on Governing Energy Transitions: Unconventional Gas, Renewables and their Environmental Nexus
This Special Issue of the Environmental and Planning Law Journal (EPLJ Vol 36 Part 5 ), compiled by Guest Editor, Professor Cameron Holley (UNSW Sydney and PLuS Alliance Fellow) brings together the contributions of leading environmental and energy law and governance experts to distil insights from Australia and the globe and examine the role of law in governing energy transitions, and law and governance mechanisms might be needed to better govern energy transitions and their nexus with the environment. The Introduction to this Special issue – Governing Energy Transitions: Unconventional Gas, Renewables and their Environmental Nexus (by Cameron Holley, Amanda Kennedy, Tariro Mutongwizo and Clifford Shearing) provides a brief overview and synthesises lessons from each article featured.