Admiralty and Maritime

Australian Law Journal update: Vol 93 Pt 10

By Journal Alerts on October 14, 2019

The latest Part of the Australian Law Journal contains the following articles: “Causation in Australian Securities Class Actions: Searching for an Efficient But Balanced Approach” – Michael Duffy; “Thinking Machines and Smiley Faces” – Justice Stephen Estcourt AM and Ms Karen Marr; and “The Nature of Recaption” – James O’Hara. This Part also includes the following sections: Current Issues; Conveyancing and Property; Family Law; Class Actions; Admiralty and Maritime; Recent Cases; Books Received; and Book Review.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged Administrative Redress in and out of the Courts Essays in Honour of Robin Creyke and John McMillan, Admiralty and Maritime, ALJ, ALRC "radical" recommendation, AMP competing class actions, Angelina A Gomez, book review, books received, Brendan Edgeworth, C Ronalds, Caroline Sappideen, Carter Holt Harvey Woodproducts Australia Pty Ltd v Commonwealth (2019) 93 ALJR 807, causation in securities class actions, class actions, Contract and the Australian Consumer Law, Conveyancing and property, Current issues, defects in title reconsidered, Discrimination Law and Practice, Dr Damien J Cremean, duties of solicitors and conveyancers, E Raper, e-conveyancing, Elder Law: A Guide to Working with Older Australians, Essays in Honour of Chief Justice French, family law, G Weeks, H Jackson, Indonesian Law, Intermediation and Beyond, J Elridge, J Payne, J Tarrant, James O’Hara, Jesting Pilate and Other Papers and Addresses by The Rt Hon Sir Owen Dixon, JM Bennett, judicial bullying policies, Justice François Kunc, Justice Martin Hinton resigned, Justice Michael BJ Lee, Justice Stephen Estcourt AM, JW Carter, Karen Williams, L Chan, L Gullifer, Lawyer X, legal aid funding in NSW, Legal and Equitable Property Rights, Lives of the Australian Chief Justices Sir Francis Villeneuve Smith, M Groves, M Tooma, market-based causation, Michael Duffy, MS Donald, Ms Karen Marr, nature of recaption, NW Barber, P Vines, piracy sabotage and terrorism, RC Solomon, Recent cases, Richard Ingleby, Robert Angyal SC, Ruth CA Higgins SC, S Butt, S Crennan, Safety Security Health and Environment Law, shareholder class actions, Sir Owen Dixon Legacy, Statutory Interpretation in Private Law, Sue Field, T Lindsey, T Pilkington, The Curated Page, The Principles of Constitutionalism, thinking machines for judicial decision-making, Vale Professor Ivan Shearer AM RFD, W Gummow, Xu v IAG New Zealand Ltd [2019] NZSC 68 | Leave a response

Australian Law Journal update: Vol 93 Pt 7

By Journal Alerts on July 12, 2019

The latest Part of the Australian Law Journal contains the following articles: “Enforcement of Foreign Judgments: Does an Issue Estoppel Arise from a Foreign Court’s Determination of its Own Jurisdiction?” – Dan Butler; “‘Seeking Equal Dignity without Discrimination’ – The Australian Human Rights Commission and the Handling of Complaints” – Emeritus Professor Rosalind Croucher AM; “Alternative Facts in the Courts” – The Hon Justice Stephen Gageler AC; and “Exploring New and Old Ideas about Estoppel and Election” – The Hon K R Handley QC. This Part also includes the following sections: Current Issues; Around the Nation: Victoria; Family Law; International Focus; Admiralty and Maritime; Competition and Consumer Law; Personalia; Recent Cases; and Obituary.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged (2016) 90 Australian Law Journal 190 page 204, Admiralty and Maritime, ALJ, alternative versions of a fact, amendments to the International Arbitration Act 1974 (Cth), arbitration clauses and the High Court, Around the Nation: Victoria, ASIC's and APRA's attitudes to enforcement, Australia and Timor-Leste conciliation and maritime boundary treaty, climate change and the law, competition and consumer law, competitive neutrality and state aid, complaint handling role of the Australian Human Rights Commission (AHRC), constitutional law, corrigendum, Current issues, Dan Butler, Dr Damien J Cremean, Dr Nuncio D’Angelo, Emeritus Professor Michael Coper AO, Emeritus Professor Rosalind Croucher AM, Emily Vale, enforcement of foreign judgments, family law, good faith in contracts, International focus, issue estoppel, John Kettle, Justice Andrew Bell, Justice Clyde Croft AM, Justice Crennan, Justice Elizabeth Wilson, Justice Lea Armstrong, Justice Patricia Henry, new and old ideas about estoppel and election, new International Law Editor for ALJ, Obituary, Part IVA of the Federal Court of Australia Act 1976 (Cth), Personalia, politics and the rule of law, pollution of the seas and admiralty, Professor Stuart Kaye, Recent cases, religious freedom, representative proceedings, review of franchising law, Richard Ingleby, Ruth C A Higgins SC, Stanford v Stanford (2012) 247 CLR 108, The Curated Page, The Hon Justice Stephen Gageler AC, The Hon K R Handley QC | Leave a response

Australian Law Journal update: Vol 92 Pt 9

By Journal Alerts on October 19, 2018

The latest Part of the Australian Law Journal contains the following articles: “On to Strasbourg or Back to Temple? The Future of European Law in Australia Post-Brexit” – The Hon TF Bathurst AC and Bronte Lambourne; “Searching for the Searchers: The Australian Legal Profession and the Operation of the Australian Red Cross Missing and Wounded Enquiry Bureau in World War I” – Tony Cunneen; “Judicial Decision-Making in Times of War and Relative Peace” – The Hon Susan Kiefel AC; and “The Case for Contradictors in Approving Class Action Settlements” – Jeremy Kirk. This Part also includes the following sections: Current Issues; Admiralty and Maritime; Family Law; Statutory Interpretation; Personalia; and Book Reviews.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged Admiralty and Maritime, ALJ, Amanda Kennedy, Andrew Roberts, Angelina Gomez, Australian Communist Party v Commonwealth (Communist Party Case), Australian Red Cross Missing and Wounded Enquiry Bureau, book review, Bronte Lambourne, Commonwealth targets for briefing female barristers, contradictors and approval of class action settlements, Critical Perspectives on the Uniform Evidence Law, Current issues, Dr Damien J Cremean, Emily Vale, Evidence Act s 165B, Family Court restructure, family law, Indigenous recognition, influence of European law on Australian public law, Jennifer Nielsen, Jeremy Gans, Jeremy Kirk, judicial decision-making during World War II and present, judicial process explanation note by The Australian National Imams Council, Justice François Kunc, Justice Gail Sutherland, Justice Jennifer Smith, Justice John Vaughan, Justice Kevin Lyons, Lawyering in Rural and Regional Australia, McCloy v New South Wales, Murphy v Electoral Commissioner, Muslims and the legal process, ownership of unclaimed wreck, Personalia, Richard Ingleby, Statutory interpretation, The Hon John Basten, The Hon Susan Kiefel AC, The Hon TF Bathurst AC, The Place of Practice, threats by adult children to parents, Tony Cunneen, Trish Mundy, Victorian Law Reform Commission report on class actions | Leave a response

Australian Law Journal update: Vol 92 Pt 8

By Journal Alerts on September 19, 2018

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.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged A Charter of Rights for Australia (4th ed), Admiralty and Maritime, ALJ, Angelina Gomez, Anna Collyer, arbitration proceedings by Timor-Leste against Australia, Around the nation: Tasmania, Barbara Mescher, book review, Brendan Edgeworth, Certain Maritime Arrangements in the Timor Sea (CMATS), Conveyancing and property, corporate law and practice, Current issues, Daniel Reynolds, Dr Damien J Cremean, Elizabeth Bishop, Emily Vale, George Williams, Justice Stephen Estcourt AM, legal ethics, Lyria Bennett Moses, Maha Chaar, Personalia, Robert Angyal SC, Ruth C A Higgins SC, taxation of settlements judgments and awards, Technology and the Law, Tony Slater QC | Leave a response

Australian Law Journal update: Vol 92 Pt 4

By Journal Alerts on July 11, 2018

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.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged Admiralty and Maritime, ALJ, Angelina Gomez, Book reviews, Brendan Edgeworth, conditionally automated vehicles, Conveyancing and property, Current issues, Daphne Perry, Dr Damien J Cremean, driverless cars, elder abuse, Ella Pyman, equity and developing the environment, family law, From the law schools, Gregory Rose, Heather Roberts, intergenerational equity, interspecies equity, intragenerational equity, James Stellios (ed), Joseph Kimble, Justice Brian J Preston, Justice François Kunc, managing charitable funds disbursed overseas, Mark Adler, Michael Pelly, Nauru Supreme Court appeals, NFP and charities and terrorism funding, Professor Bob Baxt AO, Professor Michael Coper, Recent cases, regulation of humanitarian assistance, Richard Ingleby, Robert Angyal SC, Ruth C A Higgins SC, The Legal Observer, Vale Professor Bob Baxt, Wilfrid Prest (ed) | Leave a response

Australian Law Journal update: Vol 91 Pt 12

By Journal Alerts on December 18, 2017

The latest Part of the Australian Law Journal includes the following articles: “Paciocco in the High Court: Penalties and Late Payment Fees” – J G H Stumbles; and “Australian Rules: A Survey of the High Court of Australia on Construction Law 1965-2016” – Professor John Sharkey AM. Also in this Part are the following sections: Current Issues; Letters to the Editor; Conveyancing and Property; Personalia: Commonwealth, New South Wales and Queensland; Admiralty and Maritime; and Recent Cases.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged 30 Years of the Judicial Commission of NSW, Aboriginal Languages Act 2017 (NSW), Administration Act 1903 (WA), Admiralty Act 1988 (Cth) s 6(b), Admiralty and Maritime, Airbnb short-term letting in strata schemes, ALJ, Brendan Edgeworth, Canada, Cavendish and ParkingEye litigation, Claimant Suing in Negligence as Result of Motor Vehicle Accident, Clare Langford, Commonwealth Constitution s 44(i), Commonwealth Government responds to the Referendum Council's Report, Commonwealth Redress Scheme for victims of institutional child sexual abuse, constitutional law, Construction Law 1965-2016, Conveyancing and property, Current issues, Dr Damien J Cremean, Dual Citizenship, IBA, J G H Stumbles, Justice David Graham Thomas, Justice François Kunc, Justice Guy Parker, Justice Helen Bowskill, late payment fees and penalties, new approach to statutory interpretation, Paciocco in High Court, parking and easements, parliamentary elections, Personalia, President Walter Sofronoff, Probate, Professor John Sharkey AM, Recent cases, recommended national standards for working with interpreters in courts and tribunals, Robert Angyal SC, Ruth C A Higgins SC, same-sex marriage law reform, What Constitutes Mental Injury, Where Referred Persons Elected to Commonwealth Parliament, Whether Wrongdoer Can Benefit Indirectly as a Result of Crime | Leave a response

Australian Law Journal update: Vol 91 Pt 8

By Journal Alerts on August 24, 2017

The latest Part of the Australian Law Journal contains the following articles: “Crime Commissions and Compulsory Examinations: Whither the Right to Silence?” – Hon T F Bathurst AC and Sarah Schwartz; “Ramifications of the Recognition of a Common Fund in Australian Class Actions: An Early Appraisal” – Michael Legg; “The Case Against a National Court of Appeal” – Shawn Rajanayagam. This Part also includes the following sections: Current Issues; Letter to the Editor; Conveyancing and Property; The Legal Observer; Personalia; Around the Nation: Tasmania; Corporations and Securities; From the Law Schools; Admiralty and Maritime; Recent Cases; Book Reviews; and Obituary.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged Accommodating Muslims Under Common Law, Admiralty and Maritime, ALJ, ALRC – Elder Abuse – A National Legal Response, Angelina Gomez, appellate hierarchy, Around the nation: Tasmania, Arthur R Emmett AO QC, Australian Securities and Investment Commission, Book reviews, Brendan Edgeworth, Carolyn Rogers, Clare Langford, class actions, common fund, Community Protection Offender Register, compulsory examinations, contempt of court by politicians, Conveyancing and property, Corporations and Securities, Crime Commissions, Current issues, Darren C Kane, Deborah Healey, Doping in Sport and Law, Dr Damien J Cremean, From the law schools, Gabrielle Appleby, Ghena Krayem, Hon T F Bathurst AC, John Riordan, judicial independence, Justice François Kunc, Justice Stephen Estcourt AO, letter to the editor, M J Beazley AO, Michael Legg, Michael Pelly, National Court of Appeal, Obituary, personal views in judicial decisions, Personalia, Peter Birks, power of sale, privilege against self-incrimination, Professor Michael Coper, Recent cases, right to silence, risk of sex offending, Robert Angyal SC, Robert Baxt AO, Role of the Solicitor-General, Ruth C A Higgins, Salim Farrar, Sarah Schwartz, Senior Registrar of the High Court, Shawn Rajanayagam, slot charters, statutory duty of care on mortgagees, surrogate ship arrest, The Hon Justice Stephen Gageler AC, The Legal Observer, The Roman Law of Obligations, Ulrich Haas, W Sofronoff | Leave a response

Australian Law Journal update: Vol 91 Pt 4

By Journal Alerts on April 21, 2017

The latest Part of the Australian Law Journal contains the following articles: “‘Judges’ Sons Make the Final Sacrifice’: The Story of the Australian Judicial Community in the First World War” – Tony Cunneen; “The Honourable Sir Kenneth Jacobs KBE: A Centenary Appreciation” – Hon William Gummow AC; “The Honourable Septimus Burt KC” – Julian Burt and Angelina Gomez; “The Changing Face of Judicial Leadership: A Western Australian Perspective” – Robert French AC. This Part also includes the following sections: Current Issues; Conveyancing and Property; Around the Nation: Tasmania; Administrative Law; Personalia; Admiralty and Maritime; International Focus; Recent Cases and Book Reviews.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged administrative law, Admiralty and Maritime, ALJ, Angelina Gomez, Around the nation: Tasmania, Book reviews, Clare Langford, Conveyancing and property, Current issues, David Malcolm Annual Memorial Lecture, Defending the Rights of All – A History of the Law Society of NSW, Dr Damien J Cremean, First World War, Greg Taylor, Hon Septimus Burt KC, Hon Sir Kenneth Jacobs KBE, Hon William Gummow AC, human trafficking, Interlocutory Criminal Appeals in Australia, International focus, J M Bennett, Judging for the People – A Social History of the Supreme Court in Victoria 1841-2016, judicial community, judicial leadership, Julian Burt, Julian R Murphy, Justice François Kunc, Justice Melissa Perry, Justice Stephen Estcourt, Oxford Edition of Blackstone, Personalia, Peter Butt, Recent cases, risk of harm, Robert French AC, Ruth C A Higgins, Ryszard Piotrowicz, saving life at sea, sentencing, Simon Smith, social media, Tony Cunneen, Western Australia, Wilfrid Prest | Leave a response

Australian Law Journal update: Vol 90 Pt 11

By Journal Alerts on November 9, 2016

The latest Part of the Australian Law Journal includes the following articles: “Procedural Fairness: The Age of Legitimate Expectation is Over” – Naomi Sharp; and “His or Her Duty to Keep Secret” – Julie Kinross and Peter Davis QC.
Also in this Part are the following sections: Current Issues; Conveyancing and Property; From the Law Schools; Human Rights; Equity and Trusts; Admiralty and Maritime; Recent Cases; Books Received; Book Reviews: “Scholarly Misconduct: Law, Regulation, and Practice” by Ian Freckelton QC; “When Doctors and Parents Disagree: Ethics, Paediatrics and the Zone of Parental Discretion” by Rosalind McDougall, Clare Delany and Lynn Gillam; “Australian Domain Name Law” by Alpana Roy; and “Ten Years of the Civil Procedure Act 2005 (NSW): A Decade of Insights and Guide to Future Litigation” by Miiko Kumar and Michael Legg; and an Obituary tribute to the late James Donald Merralls AM, QC, written by J H Karkar QC.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged Admiralty and Maritime, ALJ, Alpana Roy, and Practice, Angelina A Gomez, Australian Domain Name Law, Australian law schools, B C Cairns, Book reviews, books received, Clare Delany, Commonwealth inquiry into Indigenous incarceration rates, community legal centres, Conveyancing and property, criminal liability, Current issues, damage done by ship, death penalty, Dr Damien J Cremean, drafting wills, duty of care to intended beneficiary, duty to keep secret, Equity and trust, fine default, From the law schools, Gino Dal Pont, human rights, Ian Freckelton QC, J H Karkar QC, James Donald Merralls AM QC, Julie Kinross, Justice François Kunc, Justice Mark Leeming, Kioa v West (1985) 159 CLR 550, land titles office, landlord’s covenant to repair, legitimate expectation, Lynn Gillam, maritime lien, Michael Legg, migration, Miiko Kumar, Mora (Migration) [2016] AATA 4198, Naomi Sharp, Nicholas Smith, Obituary, Peter Butt, Peter Davis QC, Primary Judge in Equity, procedural fairness, Professor Michael Coper, public officers, R v Baden-Clay (2016) 90 ALJR 1013; [2016] HCA 35, Recent cases, Rosalind McDougall, Ruth C A Higgins, same-sex marriage, Scholarly Misconduct: Law, Scott Aspinall, Ship "Sam Hawk" v Reiter Petroleum Inc [2016] FCAFC 26, Simon Rice, Solicitor-General Act 1916 (Cth), Tasmania v Johnston (2009) 18 Tas R 195, Ten Years of the Civil Procedure Act 2005 (NSW): A Decade of Insights and Guide to Future Litigation, unauthorised disclosure of information, When Doctors and Parents Disagree: Ethics Paediatrics and the Zone of Parental Discretion | Leave a response

Australian Law Journal update: Vol 90 Pt 8

By Journal Alerts on October 5, 2016

The latest Part of the Australian Law Journal includes the following articles: “Restitution: Some Historical Remarks” – by Chief Justice Allsop (based on Forbes Society Lecture); and “A Legal and Historical Overview of the Land Borders of the Australian States” – Professor Gerard Carney. Also in this Part are the following sections: Current Issues (with Guest Contributions by the Hon Michael Kirby AC CMG and Professor Greg Reinhardt); Conveyancing and Property; Admiralty and Maritime; Personalia; Recent Cases (Alqudsi v The Queen, Nicholson Street Pty Ltd v Letten, Bailey v Angove’s Pty Ltd); and a Book Review.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged “National Model Gender Equitable Briefing Policy”, Accommodating Justice: Victim Impact Statements in the Sentencing Process, Adjunct Professor Nicholas Cowdery AM QC, Administrative Appeals Tribunal, Admiralty and Maritime, adverse possession, agency agreement, AIJA, ALJ, Alqudsi v The Queen (2016) 90 ALJR 711; [2016] HCA 24, Angelina A Gomez, assumpsit, Australian Academy of Law, Australian States, Bailey v Angove's Pty Ltd [2016] UKSC 47, Barnes v Addy, book review, breach of trust, Brexit, Chief Justice James Allsop AO, Clare Langford, Commonwealth indictable offences, constitutional law, Conveyancing and property, criminal trespass, Current issues, dishonest and fraudulent trustees, Dr Damien J Cremean, Dr Marilyn Bromberg-Krawitz, easements, Hon Michael Kirby AC CMG, Judicial Conference of Australia, Justice Andrew John Keogh, Justice Anthony Payne, Justice François Kunc, Justice Martin Hinton, Justice Natalie Adams, land borders, Nicholson Street Pty Ltd v Letten [2016] VSCA 157, Personalia, Peter Butt, Professor George Williams AO, Professor Gerard Carney, Professor Greg Reinhardt, quasi-contract, Recent cases, restitution, Ruth C A Higgins, Senator the Hon George Brandis QC, social media, Symposium: Challenges of Social Media for Courts & Tribunals, Tracey Booth, trial by jury, trusts, UK Supreme Court, unjust enrichment | Leave a response

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Admiralty and Maritime

Australian Law Journal update: Vol 93 Pt 10

Australian Law Journal update: Vol 93 Pt 7

Australian Law Journal update: Vol 92 Pt 9

Australian Law Journal update: Vol 92 Pt 8

Australian Law Journal update: Vol 92 Pt 4

Australian Law Journal update: Vol 91 Pt 12

Australian Law Journal update: Vol 91 Pt 8

Australian Law Journal update: Vol 90 Pt 11

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