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.
On the Capitalisation of Knowledge
Workplace Review is nothing if not broad in its coverage of work. In its current issue, Vol 10 No 3, David Nikolas Brodsky compares academic studies from the discipline of organisational behaviour, and is led to consider the ways in which knowledge itself is gained and organised. Bedevilled by all manner of “inherent weaknesses” including ...more
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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.