The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “Shutting the Courts Out: Developing Consumer Credit Law in the Shadow of Alternative Dispute Resolution and the New Australian Financial Complaints Authority” – Nicola Howell; “ASIC v Citigroup Revisited: Are Agents in Syndicated Debt Facilities Fiduciaries?” – Nuncio D’Angelo; “A Singular Loyalty: Superannuation after the Hayne Royal Commission” – Pamela Hanrahan; and “Receivables Financing: A Comparative Study of s 81 of the PPSA and Other Legislative Overrides to Anti-Assignment Clauses” – William Kim. Also in this Part are the following Sections: Banking Law and Banking Practice; Securities and Mortgages; and Canada.
The latest Part of the Public Law Review includes the following content: Comments: “Failing the Civilian Response? Defence Amendment (Call Out of the ADF) Act 2018 (Cth)” – Greg Carne; “Marijuana, Strawberries and Hot Air Balloons: The Expressive Function of Federal Criminal Law” – Julian R Murphy; “How and When Can a Constitutionally Valid Statute Become Invalid?” – Ben Ye; “Unions NSW v New South Wales (No 2)” – Anne Twomey; the following Articles: “The Amenability of Private School Decisions to Judicial Review” – James J Anson-Holland; “Minority Government and the Validity of Standing Order Requirements for Absolute Majority Votes” – Anne Twomey; and Developments.
The latest Part of the Criminal Law Journal includes the following articles: “Mistakes That Negate Apparent Consent” – Andrew Dyer; “Putting Jurors First: Legislative Simplification of Jury Directions” – Greg Byrne and Chris Maxwell; and “Appeals against Conviction on Indictment: Process, Outcome and NSW Reform after Kalbasi v Western Australia” – David Hamer. Also in this Part is an Editorial on Indigenous incarceration and pragmatic solutions; Legislation Comment: “Dancing with Death: Why the NSW Homicide Offence of Drug Supply Causing Death May Cause More Harm than Good” – Elyse Methven; and a Digest of Criminal Law Cases.
This Part of the Environmental and Planning Law Journal includes the following articles: “Joint Crediting Mechanism in Practice” – Dr Justin Dabner; “Remediating Public Interest Environmental Harm: Revisiting the Montara and Deepwater Horizon Oil Spills and the Need for Legislative Reform in Australia” – Edward Dymond; “Regulation of electronic waste under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal” – Michael Goodall; “Regulating Wild Collected Orchids? The CBD, Nagoya Protocol and CITES Overlaps” – Charles Lawson, Jenna Wraith and Catherine Pickering; “Rehabilitation of Abandoned Fracking Operations: A Comparative Study on the Effectiveness of Levy Schemes in Meeting the Polluter Pays Principle” – Tania Murray, Edward Andre and Krishna Prasad; “Shipping Companies’ Accountability in Ballast Water–induced Pollution Regulation” – Mia Mahmudur Rahim, Md Tarikul Islam and Sanjaya Kuruppu; and “Our Home Is Girt by Seawalls? Preserving the Public Interest in an Era of Sea Level Rise” – Mr Ashley Robb, Michele Payne, Dr Laura Stocker and Dr Garry Middle.
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “Court Review of the Decisions of the Australian Financial Complaints Authority and Its Predecessors” – Ian Ramsay and Miranda Webster; and “Legal Professional Privilege in the Third-Party Funding Context” – Nathan Landis. Also in this Part are the following sections: Editorial Comments on “The Courts and Our Daily Lives” – Roderick Joyce QSO QC and “Technology and Civil Justice” – Michael Legg; Case Notes: “Newling v FSS Trustee Corp (No 2)  NSWSC 1405” – Jeremy L Harrison; and Book Review: “Friston on Costs (3rd Ed), by Mark Friston” – Roger Quick and Stephen Warne.
The latest Part of the Australian Law Journal contains the following articles: “Vulnerability of Elders to Physical Harm and Death: Criminal Law Responses” – John Anderson; “Preventing Miscarriages of Justice: The Reliability of Forensic Evidence and the Role of the Trial Judge as Gatekeeper” – Chris Maxwell; “Rights and Freedoms under the Australian Constitution: What Are They and Do They Meet the Needs of Contemporary Australian Society?” – Ashleigh Mills; and “Prints, Profiles and Templates: Adducing Biometric Evidence in Australian Courts” – Marcus Smith and Gregor Urbas. This Part also includes the following sections: Current Issues; Conveyancing and Property; Around the Nation: Tasmania; Equity and Trusts; and Book Reviews.
The latest Part of the Building and Construction Law Journal includes the following articles: “Cladding – Who Will Pay?” – Mark Waller, Chris Erfurt and Tara Mulroy; and “Is the Prevention Principle Still Relevant? A Case for Statutory Intervention” – Michael Elliott.
Also in this Part is an Editorial; Book Review: “International Construction Contract Law (2nd ed)” by Lukas Klee – Reviewed by Rami Marginean; Case Note: “Termination of Construction Contracts: The Good Faith Risk” – Jeffrey Goldberger, Emanuel Confos and Harriet Oldmeadow; and Reports on the following cases: Santos Ltd v BNP Paribas; Icon Co (NSW) Pty Ltd v Australia Avenue Developments Pty Ltd; and Robinson v 470 St Kilda Road Pty Ltd.
This issue of the Journal of Law and Medicine includes the following articles: “Social Responsibilities of the Global Pharmaceutical Companies: Towards an Ethical Health Care Paradigm” – Abhay Vir Singh Kanwar and Mia Mahmudur Rahim; “Legislative Capture: A Critical Consideration in the Commercial Determinants of Public Health” – Tony Brown; “Rational Social Impact Assessment of Alcohol Outlets: Slip Sliding Away” – Alison Ziller and Tony Brown; “Mandatory Welfare Drug Treatment in Australia” – Allan Ardill;”A Cross-sectional Survey of Health Professionals’ Attitudes toward Medicinal Cannabis Use as Part of Cancer Management” – Denesh Hewa-Gamage, Sarah Blaschke, Allison Drosdowsky, Trista Koproski, Anna Braun and Steve Ellen; “Outcome Bias in Clinical Negligence Medico-legal Cases” – Thom Petty, Lucy Stephenson, Pierre Campbell and Terence Stephenson; “Occupational Therapy Domestic Needs Assessment: Lawyer Perspectives” – Susan Arnold, Lynette Mackenzie, Michael Millington and Carole James; “Retained Surgical Items: Lessons from Australian Case Law of Items Unintentionally Left Behind in Patients after Surgery” – Tina Cockburn, Juliet Davis, and Sonya Osborne; “Understanding Client Vulnerability in the Disciplining of Legal Professionals in New South Wales” – Jennifer Schulz-Moore, Kate Diesfeld and Christine Forster; “Dealing with Patent Fragmentation in Genetics: Can Patent Pools Facilitate the Development of CRISPR Gene-Editing Technology?” – Alessandro Stasi and Isabel Pereira Rodrigues; “Considering the Provision of Growth Attenuation Treatment to Profoundly Disabled Children in Light of the Family Court’s Welfare Jurisdiction” – Elpitha (Peta) Lee Spyrou; “Advance Care Planning: A Communitarian Approach?” – Tracey Evans Chan; “Teachers’ Health, Wellbeing and Professional Misconduct. An Exploratory Analysis of Cases from New Zealand’s Teachers Disciplinary Tribunal 2017–2018” – Marta Rychert and Kate Diesfeld; and “Decisional Competence and Fitness to Stand Trial in New Zealand” – Brent Hyslop.
Also in this Part are the following sections: Editorial: “Encouraging and Rewarding the Whistleblower in Research Misconduct Cases” – Ian Freckelton QC; Legal Issues: “Electroconvulsive Therapy without Consent: The Influence of Human Rights Law” – Bernadette McSherry; Medical Issues: “The Role of Patient-reported Outcome Measures in Post-operative Death Investigations” – Anant Divyang Butala, Joseph Elias Ibrahim, Lyndal Bugeja and David Ranson; Medical Law Reporter: “Australian Medical Professionals, National Security and Administrative Offshore Punishment of Asylum-Seekers: Regulatory Update Including the Medevac Legislation” – Sarah Miller and Thomas Faunce; and Obituary: Thomas Alured Faunce. There is also a review of the following book: “Defeating the Ministers of Death; The Compelling History of Vaccination” by David Isaacs – Reviewed by Ian Freckelton QC.
This Part of the Local Government Law Journal includes the following content: “Death by a Thousand Cuts? The Diminution in the Development Assessment Role of Elected Local Councils in South Australia’s Planning System” – Paul Leadbeter; “‘The Weakest Linc’: Environmental Protection, the Power to Disclaim, and the ‘Chain of Responsibility’ in Queensland” – Christopher Vale; Local Government Planning & Law Guide Cases – Hanna Jaireth, Lawrie Groom, Chelsea White, Lea Hiltenkamp, Sam Lindsay and Connor Fisher; as well as a Digest of cases.
For over a thousand years – at least – mediation and arbitration have been practised in the English-speaking world. In fact, arbitration as a dispute settling mechanism is probably as old as human society itself, suggests Tom Bathurst in his survey of the history of arbitration published in the Building and Construction Law Journal (BCL). ...more