By David Spencer. Each issue of ADRJ commences with a look at the most recent cases decided in dispute resolution and the important issues dealth; as well as any ADR topics which have appeared in the news.
By Leighton McDonald. In Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476, the High Court held that s 75(v) of the Constitution entrenches a “minimum provision of judicial review” which limits the effectiveness of statutory attempts to impair the judicial review of Commonwealth administrative action and constitutes a “textual reinforcement” of the “rule of law”.
By Kathy Douglas, Nadia Sager and Rachael Field. Conferencing is a restorative justice process that is used in the criminal justice system in Australia to deal with a variety of offences. In this article, the authors analyse research into the understandings of conferencing practitioners regarding the issue of the neutrality of the third party in facilitating the process.
Book review: International commercial arbitration and conciliation in UNCITRAL model law jurisdictions
Book review by John Dorter. International commercial arbitration and conciliation in UNCITRAL model law jurisdictions by Dr Peter Binder. Australia’s arbitration community caught in the rush to the Model Law, (inter)nationally and in at least New South Wales, will be grateful for the help afforded by this splendid text.
By Adrian Bellemore. The failure to commit to writing, fully and explicitly, the terms of an agreement may very well give rise to proceedings being taken by a party seeking to enforce what that party may allege is the agreement and in circumstances where the other party disputes such an allegation.
By Owen Hayford. This article considers the impact of proportionate liability legislation on contractual risk allocation, and why one might seek to contract out of the legislation.
By Kristy Richardson and John Compton. This article examines s 281 of the Mineral Resources Act 1989 (Qld) and the way that section has been interpreted in the context of assessing compensation for landowners affected by the grant of a mining lease over their land.
By Associate Professor Anil Hargovan The recent decision by the Federal Court in McLellan, in the matter of The Stake Man Pty Ltd v Carroll  FCA 1415 (hereinafter Stake Man) excused a director from liability for insolvent trading based on statutory considerations concerning, inter alia, honesty and fairness under the Corporations Act 2001 (Cth).
By Jason Harris and Michael Legg. The fallout from the global financial crisis (GFC) has focused attention on the efficiency of Australia’s corporate rescue laws as companies struggle under onerous debt levels and attempt to rebuild balance sheets and restructure operations in much tighter credit conditions than in previous years. This article considers the tension between laws that seek to compensate investors through the use of class actions and laws that aim to promote corporate rescue attempts.
By Tina Hoyer. One of the main elements to be established by a liquidator in order to successfully challenge a pre-liquidation transaction known as an unfair preference is contained in s 588FA(1)(b) of the Corporations Act 2001 (Cth). It was foreshadowed that the enactment of s 588FA would cause no fundamental change to the law with respect to unfair preferences. However, this article will demonstrate that there have been subtle, yet significant, changes to the way the court deals with unfair preferences since the enactment of s 588FA.