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 Higgins, Barrister, Sydney
Dr Nuncio D’Angelo, Solicitor, Sydney
• 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 – Associate Professor Jason Harris
• 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 Michael Coper AO
• Human Rights – Professor Simon Rice
• International Focus – Professor Ryszard Piotrowicz
• The Legal Observer – Michael Pelly
• Personalia – Emily Vale
• Statutory Interpretation – Justice John Basten
• Technology and the Law – Associate Professor Lyria Bennett Moses and Anna Collyer
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
• Victoria – Justice Clyde Croft
• 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: “Taxation of Settlements, Judgments and Awards” – Tony Slater QC and Elizabeth Bishop; “Timor-Leste v Australia: The Impact of International Law on the Current and the Future Arrangements in the Timor Sea” – Maha Chaar; and “Corporate Law Practice: Legal Advice and Ethics” – Barbara Mescher. This Part also includes the following sections: Current Issues; Conveyancing and Property; Technology and the Law; Admiralty and Maritime; Around the Nation: Tasmania; Personalia; and Book Review.
The latest Part of the Australian Law Journal contains the following articles: “Sentencing Inconsistencies: A Case Study” – Dr Clare Farmer, Ian Parsons and Professor Mirko Bagaric; “Setting Aside Expert Determinations – A Comprehensive Review” – Grant Lubofsky; and “The Legislative Challenge of Facilitating Climate Change Adaptation for Biodiversity” – Phillipa C McCormack. This Part also includes the following sections: Current Issues; Equity and Trusts; Personalia; Recent Cases; Book Review; and Obituary to Sir Laurence Street AC KCMG QC.
The latest Part of the Australian Law Journal contains the following articles: “Extending the Life of a Discretionary Trust” – Michael Flynn QC; “Unseen Networks: The Legal Professions’ Involvement in the Law Reform (Miscellaneous Provisions) Act 1944 (NSW)” – Mark Lunney; and “Can There Ever Be Affordable Family Law?” – Patrick Parkinson and Brian Knox. This Part also includes the following sections: Current Issues; Conveyancing and Property; Around the Nation: Tasmania; Around the Nation: Western Australia; Personalia; Recent Cases; Book Reviews; and Obituary.
Commodore Sir Laurence Street AC KCMG QC, the fourteenth Chief Justice of the NSW Supreme Court and former Lieutenant-Governor of New South Wales, died on 21 June 2018, and a state funeral was held in his honour at the Sydney Opera House on 5 July 2018. This obituary and tribute was written by The Hon Arthur R Emmett AO QC, Acting Judge of the New South Wales Court of Appeal (to be published in the forthcoming July issue of The Australian Law Journal).
The latest Part of the Australian Law Journal contains the following articles: “Young’s ‘Fact finding made easy’ in Refugee Law: A Former Practitioner’s Perspective” – Douglas McDonald-Norman; “Hear No Evil, See No Evil, Speak No Evil … and, Read No Evil: Confiscation of Literary Proceeds under Australian Criminal Property Confiscation Legislation” – Dr Natalie Skead; and “Aggravating and Mitigating Factors in Sentencing: Comparing the Views of Judges and Jurors” – Kate Warner, Julia Davis, Arie Freiberg, Caroline Spiranovic and Helen Cockburn. This Part also includes the following sections: Current Issues; Conveyancing and Property; Around the Nation: Northern Territory; Personalia; Recent Cases; and Books.
The Australian Law Journal is delighted to announce the launch of two new sections, “Class Actions” (headed by The Hon Justice Michael B Lee) and “Technology and the Law” (co-edited by Associate Professor Lyria Bennett Moses and Anna Collyer), as well as the appointment of John Kettle for the “Competition and Consumer Law” section, and Associate Professor Jason Harris as the new “Corporations and Securities” Section Editor.
The latest Part of the Australian Law Journal contains the following articles: “What’s Equity got to do with the Environment?” – Justice Brian J Preston; “Regulating Humanitarian Assistance by Australian Charities: Legal Tools to Deter Funding of Terrorism Abroad” – Gregory Rose; and “The Liability Blind Spot: Civil Liability’s Blurred Vision of Conditionally Automated Vehicles” – Ella Pyman. This Part also includes the following sections: Current Issues; Conveyancing and Property; The Legal Observer; Family Law; From the Law Schools; Admiralty and Maritime; Recent Cases; Book Reviews; and Obituary.
November 2017 marked the 150th anniversary of the birth of Lord Atkin in Tank Street, Brisbane, Queensland. In his article, “Lord Atkin: Principle and Progress” (previously published in The Australian Law Journal Vol 90 Part 10), Justice Peter Applegarth chronicled the philosophy, influences and enduring legacy of Lord Atkin, whose landmark judgment in Donoghue v Stevenson continues to guide the common law to this day.
Lord Atkin’s remarkable life and achievements are commemorated in the currently ongoing exhibition “Lord Atkin: From Queensland to the House of Lords”.
This month, the ALRC released its Discussion Paper on its Inquiry into Class Action Proceedings and Third-Party Litigation Funders (June 2018), inviting submissions and outlining its key proposals and questions around whether and to what extent class action proceedings and third-party litigation funders should be subject to Commonwealth regulation. The President of the ALRC, the Honourable Justice Sarah Derrington, identifies some of the ALRC’s early findings and emphasises the need to look to counterpart jurisdictions to ensure a global approach in developing the class actions regime in Australia.
The latest Part of the Australian Law Journal contains the following articles: “A ‘Diminished Nation’? The Racial Discrimination Act 1975, The Native Title Act 1993 and Constitutional Recognition of Indigenous Australians” – Professor Jonathan Fulcher; “The Doctrine of Forbearance” – Jeremy Stoljar; and “The Duty to Mitigate: A Comparative Analysis between the English Common Law and the CISG” – Bruno Zeller. This Part also includes the following sections: Current Issues; Conveyancing and Property; Around the Nation: Victoria; Personalia; Recent Cases; and Books.