access to justice
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 Journal of Civil Litigation and Practice includes the following articles: “Three contemporary issues in civil litigation: Discovery, expert evidence, and alternative dispute resolution” – The Honourable Thomas Frederick Bathurst AC; “Civil justice: Haves, have-nots and what to do about them” – Justice Stephen Kós; and “Disaster & resilience: The Canterbury earthquakes and their legal aftermath” – Justice Stephen Kós. Also in this Part are the editorial Comments on “Experts and Opinion Evidence” – Damien J Cremean; and “A Question of Malice: United Kingdom Supreme Court Justices Split 5-4 in Willers v Joyce (Executors of Albert Gubay Deceased)  UKSC 43” – Roderick Joyce.
The latest Part of the Australian Law Journal contains “Current Issues” by the new General Editor, the Hon Justice François Kunc. It contains the following articles: “The Australian Law Journal: Volume 90 and Beyond” – Justice François Kunc; “The State of the Australian Judicature” – Chief Justice Robert French AC; “Contours and Prospects for Indigenous Recognition in the Australian Constitution and Why it Matters” – Fr Frank Brennan SJ AO; “The Future of Lawyers: Blue Sky or Dark Clouds Ahead?” – Fiona McLeod SC; “Change Drivers and their Likely Effects: Shifting Sands Beneath Australian Solicitors” – S Stuart Clark AM, Robert Leeder and Nicholas McBride; “The Evolving Role and Future of In-house Lawyers” – Gillian Wong and Emma Langoulant; “The Changing Environment in the Legal Profession and Legal Education: The Best of the Old World and the New” – Carolyn Evans; and “The Law and the Legal Profession in the Next Decade: The Student’s Perspective” – Paul Melican, Alex Bell-Rowe, Albert Patajo and Hannah McDonald. This Part also includes the following sections: Conveyancing and Property; Crime and Evidence; Around the Nation: Victoria; Competition and Consumer Law; Around the Nation: Northern Territory; Recent Cases, Books Received and a Book Review.
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “Class actions in New Zealand: The necessity for introducing a class action regime” – Chris Patterson; “Security for costs for corporate plaintiffs: Is constrained judicial discretion impeding access to justice?” – Rebecca Wheeler; and “Exploring eCourt innovations in New South Wales civil courts” – Philippa Ryan and Maxine Evers. Also in this Part are the editorial Comments and the following sections: Court watch: “The overarching objective in practice” – Dr Bernard Cairns; and Case note: Kings College Hospital NHS Foundation Trust v C  EWCOP 80; Seales v Attorney General  NZHC 1239 – by William Fotherby.
The latest Part of the Australian Law Journal includes the following articles: “Lord Denning: His Judicial Philosophy” – Justice James Douglas; and “Australia is Different: Restitution and the Australian Constitution” – Brian Mason. Also in this Part are the following sections: Current Issues; Conveyancing and Property; Crime and Evidence; Personalia; Equity and Trusts; Admiralty and Maritime; Competition and Consumer Law; and Recent Cases.
The latest Part of the Company and Securities Law Journal includes the following content: “Can an Australian company use a dispute resolution clause in its constitution to bar shareholder class actions?” – James Emmerig; “Public interest litigation under s 50 of the Australian Securities and Investments Commission Act 2001 (Cth): The case for amendment” – Tony Johnson; “Banning, disqualification and licensing powers: ACCC, APRA, ASIC and the ATO – Regulatory overlap, penalty privilege and law reform” – Tom Middleton; and the following sections: Corporate Insolvency: “Recovery from Ponzi scheme investors: New Zealand’s Fisk v McIntosh  NZHC 1403” – Trish Keeper; and Overseas Notes: New Zealand: “New Zealand rejects peak indebtedness” – Barry Allan.
The latest Part of the Journal of Civil Litigation and Practice publishes the following articles: “Reasonable and proportional discovery in the digital paradigm: The role of lawyers and judges in the context of the New Zealand discovery rules” – David Harvey; “‘A different day in court’: Exploring the place of judicial mediation in Ontario’s alternative dispute resolution landscape” – Nicole Aylwin and Trevor C W Farrow; and “The system of employment rights dispute in Ireland” – Caroline Bergin-Cross. There is also a Comments section and case notes for the following cases: Cash Converters International LTD v Gray and Electricity Generation Corporation (t/as Verve Energy) v Woodside Energy Ltd.
The latest Part of the ADRJ includes the following material: “International arbitration in Australia: 2013/2014 in review” – Albert Monichino QC and Alex Fawke; “Lawyers behaving badly in mediations: Lessons for legal educators” – Donna Cooper; “Insights from Australian mediators about mediation and access to justice” – Mary Anne Noone and Dr Lola Akin Ojelabi; “Mediation in a cross-cultural setting: What a mediator should know” – Kelvin Lau; and “Mirror, mirror on the wall, is there no r(e)ality in neutrality after all? Re-thinking ADR practices for Indigenous Australians” – Neha Sharma. There is also a Case Note: “Whether coercion by a solicitor in mediation is the subject of advocate immunity and mediation media watch” – David Spencer.
The latest Part of ADRJ includes the following articles: “Information, power and relationships: Minimising barriers to access to justice for end of life disputes” – Katherine Curnow; “Representing clients from courtroom to mediation settings: Switching hats between adversarial advocacy and dispute resolution advocacy” – Donna Cooper; “Court connected dispute resolution – whose interests are being served?” – John Woodward; “Multiple party mediation: Complexities and strategies” – Helen Shurven; and “Loss and hope in family dispute resolution” – Mieke Brandon.
The latest Part of the Journal of Judicial Administration publishes the following articles: “Trying serious offences by judge alone: Towards an understanding of its impact on judicial administration in Australia” – Fiona Hanlon; “Courting justice beyond the cityscape: Access to justice and the rural, regional and remote magistrates’ courts” – Bridget Harris, Lucinda Jordan and Lydia Phillips; “Affordable costs in civil litigation” – Dr Andrew J Cannon AM; and “Summoned by social media: Why Australian courts should have social media accounts” – Marilyn Krawitz.