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: “Towards a Normative Standard of Administrative Justice: Themes and Principled Tensions” – Amy Elton; “A Lawyer by Any Other Name: The Restrictions on Unqualified Legal Practice in Australia” – Katie Murray; and “John Fletcher Hargrave – A Chronicle of Australia’s First Law Lecturer” – Dr Alan Davidson.
This Part also includes the following sections: Current Issues: “When Public Interest Is and Is Not in the Public Interest”; “Impermissible Communications between Judges and Counsel”; “Ensuring Female Judges Are Not Interrupted”; “Developments in Four Matters of Continuing Interest”; and “Launch of the 2021 Special Issue”; Letter to the Editor: “The Crown in Australia”; Around the Nation: Tasmania: “The Battle for Trial by Jury”; Family Law: “Arbitration Clauses in Financial Agreements”; Human Rights: “The Human Rights Implications of Vaccine Passports”; and New Zealand: “A House Divided? The Māori Language, National Anthems and the Construction of a National New Zealand Identity”.
The latest Part of the Australian Law Journal contains the following articles: “Navigating a New Terrain: Developing Autonomous Vehicle Liability Pathways in Australia in Light of International Experience” – Lilla Thiele-Evans, Blake Pepper, John Zeleznikow, Neil Foster and Tania Sourdin; “The Impact of a New and Widespread Contagious Disease on Pre-existing Contractual Obligations” – Tom Allchurch; and “Is the Coronavirus the End of All Contracts?” – Natalie Ngo.
This Part also includes the following sections: Current Issues: “Some Recent Developments”; “Can Australia Still Call Itself a Liberal Democracy?”; “Can Employers Mandate Vaccinations?”; “The COVID-era and Australian Federation: State Power Rises, Old Faultlines Revealed”; “National Security Legislation and Parliamentary Oversight”; and “The Curated Page”; Around the Nation: Western Australia: “Resolution of a Cold Case?”; Environmental Law: “Quartet of Recent Landmark Climate Change Cases”; Statutory Interpretation: “‘Always Speaking’ Statutes”; Book Reviews: “The Chronicle of a Young Lawyer: A Legal Journey in the Territory of Papua and New Guinea”, by Kerry Dillon; and “Frontiers of Public Law”, edited by Jason NE Varuhas and Shona Wilson Stark; and Obituary: Judge James Crawford (1948–2021).
This Special Issue of the Australian Law Journal contains the following articles: “National Security and Counterterrorism Laws” – Dr James Renwick CSC SC, Guest Editor of this Special Issue; “The Changing Legal Framework of the Australian Intelligence Community: From Hope to Richardson” – The Hon Michael Kirby AC CMG; “Sentencing Terrorist Offenders – The General Principles” – The Hon Mark Weinberg AO QC; “Reflections on Oversight of Intelligence Agencies: Promoting Compliance, Trust and Accountability” – The Hon Margaret Stone AO; “Mechanisms for Reviewing and Monitoring National Security Laws: The UK and Australia Compared” – Dr Jessie Blackbourn; “The Conduct of Terrorism Trials in England and Wales” – The Rt Hon Sir Charles Haddon-Cave; “What Makes Terrorism Trials Different?” – The Hon Anthony Whealy QC; “National Security and the Law – What Lies Ahead?” – Lord Carlile of Berriew CBE QC; and “National Security and the Law – Reflections of a Former Australian Attorney-General” – Hon George Brandis QC. This Special Issue also includes the following section: Current Issues: “National Security and the Law”; and “The Curated Page”.
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”.