Australian Law Journal, The (ALJ)
About the Journal
As one of the oldest and most cited legal journals in Australia, The Australian Law Journal (ISSN: 0004-9611) is the pre-eminent legal journal covering a spectrum of all the important current and historical legal issues. First published in 1927, each monthly Part contains the “Current Issues”, “Conveyancing and Property”, and “Recent Cases” Sections, along with a number of other informative and interesting Sections, as well as two or three articles written by leading legal practitioners, academics, and prominent members of the judiciary.
Justice François Kunc of the Supreme Court of New South Wales
Assistant General Editors
Angelina Gomez, Lawyer, Perth
Emily Vale, Solicitor, Sydney
Ruth C A Higgins SC, Barrister, Sydney
Dr Nuncio D’Angelo, Solicitor, Sydney
Jason Bosland, Associate Professor, Melbourne
• Administrative Law – Justice Melissa Perry
• Admiralty & Maritime – Dr Damien Cremean
• Book Reviews – Angelina Gomez
• Class Actions – Justice Michael B Lee
• Competition & Consumer Law – John Kettle
• Constitutional Law – Professor Anne Twomey
• Conveyancing & Property – Robert Angyal SC and Professor Brendan Edgeworth
• Corporations & Securities – Dr Beth Nosworthy
• Crime & Evidence – Justice Phillip Priest
• Current Issues – Justice François Kunc
• Environmental Law – Justice Rachel Pepper
• Equity & Trusts – Justice Mark Leeming
• Family Law – Dr Richard Ingleby
• From the Law Schools – Professor David Barker
• Human Rights – Professor Simon Rice
• International Focus – Professor Stuart Kaye
• The Legal Observer – Michael Pelly
• New Zealand – Justice Matthew Palmer
• Personalia – Emily Vale
• Recent Cases – Ruth C A Higgins SC
• Statutory Interpretation – Justice John Basten
• Technology and the Law – Associate Professor Lyria Bennett Moses
State and Territory Editors: Around the Nation
• Australian Capital Territory – Justice David Mossop
• Northern Territory – The Hon Dean Mildren RFD
• Queensland – John McKenna QC
• South Australia – Justice Kevin Nicholson
• Tasmania – Justice Stephen Estcourt AM
• Victoria – Justice Clyde Croft AM
• Western Australia – Justice Kenneth Martin
The following websites contain details of material published in the Journal:
http://legal.thomsonreuters.com.au/australian-legal-journals-index-online/productdetail/85643 (Australian Legal Journals Index)
https://clarivate.com/products/web-of-science/ (Web of Science Emerging Sources Citation Index)
The Australian Legal Journals Index is an online legal database prepared by the Lionel Murphy Library of the Commonwealth Attorney-General’s Department. It is produced by Thomson Reuters and is available via subscription.
The ESCI (Emerging Sources Citation Index) is an online database formerly produced by Thomson Reuters and now maintained by Clarivate Analytics. It is part of the Web of Science Core Collection and is available via subscription.
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For the individual contents pages for each Part, click here.
The latest Part of the Australian Law Journal contains the following articles: “Public Perspectives on Judges’ Reasons for Sentence” – Kate Warner, Caroline Spiranovic, Lorana Bartels, Karen Gelb and Lynne Roberts; “Waiver of Penalty Privilege in Civil Penalty Proceedings” – Michael Pearce SC; and “Cy-près Remedies in Class Actions – Quo Vadis?” – Georgina Dimopoulos and Vince Morabito.
This Part also includes the following sections: Current Issues: “Is Australian Federation Fit for Purpose in a Pandemic?”; “Sexual Harassment”; “A Notable Australian”; “Contribution to American Law Reform”; “Big Tech: A New Gilded Age?”; “Regulation of ‘Big Tech’: News Media and Digital Platforms Mandatory Bargaining Code”; and “The Curated Page”; Conveyancing and Property: “Indefeasibility, Common Building Schemes and the Torrens System: Deguisa v Lynn”; Around the Nation: Western Australia: “Western Australia v Edwards (No 7)  WASC 339 A Judge Alone Trial Like No Other”; Personalia: “Commonwealth – Justice Simon Steward, Justice Jacqueline Gleeson”; “Northern Territory – Justice Sonia Brownhill”; “Queensland – Queen’s Counsel Appointments”; “South Australia – Senior Counsel Appointments”; “Victoria – Justice James Gorton, Justice Michael Osborne”; and “Western Australia – Senior Counsel Appointments”; Book Reviews: “The Judge, the Judiciary and the Court: Individual, Collegial and Institutional Dynamics in Australia”, by Gabrielle Appleby and Andrew Lynch (eds); and “A Brilliant Boy – Doc Evatt and the Great Australian Dissent”, by Gideon Haigh; and Obituary: Soli Sorabjee AM (1930–2021).
Please join us for the virtual launch of the Australian Law Journal’s 2021 special issue on “National Security and the Law” by the Hon Virginia Bell AC SC, hosted by Thomson Reuters.
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”.
The latest Part of the Australian Law Journal contains the following articles: “250 Years of the Crown in Australia: From James Cook to the Palace Papers (1770–2020)” – The Hon Michael Kirby AC CMG; “The Crown in Australia: From James Cook To Charles III, Another Perspective” – Geoffrey Robertson AO QC; and “A Response to Geoffrey Robertson QC” – The Hon Michael Kirby AC CMG. This Part also includes the following sections: Current Issues: “The Palace Papers – 1975 Revisited and a Future Australian Republic?”; “The Curated Page Continues”; and “The Curated Page”; Environmental Law: New South Wales, Northern Territory, Queensland, South Australia, Tasmania, Victoria and Western Australia; Class Actions: “Time For Some ‘Rough Justice’ – Federal Court Makes Common Fund Orders at Settlement Stage in Two Class Actions”; Personalia: New South Wales: Justice Kate Williams and Appointment of Senior Counsel; South Australia: Justice Christopher Bleby; and Victoria: Justice Lisa Nichols, Justice Jim Delany, Justice Kathryn Stynes and Appointment of Senior Counsel; Recent Cases: Criminal Law – Sentence – Where Appellant Suffered from Severe Personality Disorder – Where Causal Connection between Personality Disorder and Offending – Whether R v Verdins (2007) 16 VR 269 Principles Applicable – Whether Statements in Director of Public Prosecutions (Vic) v O’Neill (2015) 47 VR 395 Should No Longer Be Followed; and Obituary: Mr Bruno Cappelletti OAM.
The latest Part of the Australian Law Journal contains the following articles: “Cargo Lost Overboard in Australian Waters: Their Management and Australian Law” – Laura Heit and Michael White; “Did Dad Get It Wrong? Bursill Enterprises Pty Ltd v Berger Bros Trading Co Pty Ltd” – The Honourable WV Windeyer; “Workers, Apps and Fairness: Contracting in the Gig Economy” – Katrina Woodforde; and “Can ADR Improve Expert Evidence?” – Nick Wray-Jones and Jason M Chin. This Part also includes the following sections: Current Issues: “An Inauspicious Anniversary”; “More on Dealing with Inappropriate Behaviour in the Legal Profession”; “Stage 2 Defamation Reform”; “Thank You Artspace”; “The Rule of Law”; “The Fit and Proper Person Test and the Rule of Law – One Size Does Not Fit All”; and “The Curated Page”; Letter to the Editor; Around the Nation: Northern Territory: “Retirement of Justice Hiley RFD”; and “Burial Rights”; Environmental Law: “Commonwealth”; and “Significant Environmental Decisions of the Federal Court”; Technology and the Law: “Cyber Security Essentials When Doing Legal Work from Home”; and International Focus: “IA–CEPA and the Increasingly Complex Architecture for International Trade in the Asia- Pacific Region”.
The latest Part of the Australian Law Journal contains the following articles: “Estoppel And Enforcement Of International Arbitration Awards” – Richard Garnett; “Defamation: Serious Harm And Contextual Truth” – James O’Hara; and “Towards A Coherent Sentencing Jurisprudence For Animal Cruelty Offences” – Gabrielle Wolf, Mirko Bagaric and Jane Kotzmann. This Part also includes the following sections: Current Issues: “The Rule of Law”; “Coercive Control”; and “The Curated Page”; Around the Nation: Tasmania: “Hobart’s Supreme Court Buildings”; Family Law: “Section 114AB: Semantics and Chaos”; Human Rights: “Major UN Review of Australia’s Human Rights Record”; New Zealand: “End of Life Choice: Coming to New Zealand by the Road Less Travelled”; and Recent Cases: “Trade and Commerce – Misleading and Deceptive Conduct – Unconscionable Conduct – Procuring Breach of Fiduciary Duty – Equity – Fiduciaries – Duty – Breach – Contract – Breach of Contract – Joint Venture – Termination”.
The latest Part of the Australian Law Journal contains the following articles: “From Middle East Battlefields to the War Crimes Tribunals in Borneo: The War Letters of the Hon Justice Russell Le Gay Brereton, 1940–1946” – Tony Cunneen; “Glory without Power: The Nationhood Power and Commonwealth Spending on Sport” – Daniel Goldsworthy; “The Power of “National Uniform Legislation”: What Is Its Rate of Proliferation and What Factors Are Driving It?” – Dr Guzyal Hill and Dr John Garrick; and “The King V Smail Golden Jubilee: The Failure of the High Court “to develop and clarify the law” of the Torrens Volunteer is no Cause for Jubilation” – MM Park and Serene Ho. This Part also includes the following sections: Current Issues: “Family Court Merger Becomes a Reality”; “Australia at the UN Human Rights Council”; “A Federal Judicial Commission”; “Choice of Counsel a Fundamental Matter”; “The End of the Cardinal Pell Media Saga”; “A Turn Up for the Books?”; “Anzac Lawyers”; “Remembering the Hon Mr Justice Russell Le Gay Brereton”; and “The Curated Page”; Conveyancing and Property: “The Limits of Expert’s Participation in a Leasing Dispute”; Constitutional Law: “Who Is Responsible for Quarantine under the Constitution?”; and Book Review: “Philosophical Foundations of the Law of Equity”, by Dennis Klimchuk, Irit Samet and Henry E Smith (eds).
The latest Part of the Australian Law Journal contains the following articles: “Seriously Considering ‘Seriously Considered Dicta’: Precedent after Farah Constructions” – Bernice Chen; and “Leadership Spill Rules from the Constitutional Perspective” – Greg Taylor. This Part also includes the following sections: Current Issues: “Options for the Voice to Parliament Released”; “From ‘young’ to ‘one’ by Proclamation”; “Constitutional Unwritten ‘norms’ in the United States”; “Courtroom Drama in England”; and “The Curated Page”; Conveyancing and Property: “Ben-Pelech v Royle: Adverse Possession Alive and Well in Western Australia”; Admiralty and Maritime: “‘World in a Box’ What Legal Issues Might Yet Need to Be Resolved and by What Mechanism?”; Equity and Trusts: “When Is an Express Trust Not a ‘Trust’?”; Family Law: “Pell v The Queen, Unacceptable Risk and Relevant Findings as to the Risk of Harm”; Recent Cases: “Negligence – Public Authorities – Costs – Plaintiff Succeeded against Council and Trust but Failed against State and Grandparents – Trial Judge Declined to Make Bullock or Sanderson Order – Whether Error in Failing to Find That Council Caused Plaintiff to Join Other Parties – Non-acceptance of Calderbank Letter – Whether Trial Judge Erred in Making Partial Indemnity Costs Order”; and Book Reviews: “Church, State and Family: Reconciling Traditional Teachings and Modern Liberties”, by John Witte; “Victor Windeyer’s Legacy – Legal and Military Papers”, edited by Bruce M Debelle AO QC; “Interpreting Executive Power”, by Janina Boughey and Lisa Burton Crawford (eds); “The Foundations and Future of Public Law”, by Elizabeth Fisher, Jeff King and Alison L Young (eds); “Statutory Interpretation in Private Law”, by Prue Vines and M Scott Donald (eds); “Rectification of Documents”, by John Tarrant; and “Lord Devlin”, by Justice John Sackar.
Current Issues for the May edition of the Australian Law Journal has a discussion by Justice Kunc about the rule of law in the context of the current public debate about the position of the Commonwealth Attorney-General, and also the need for legislation in regard to coercive or abusive behaviour between intimate partners by Justice Kunc and Eloise Mack.