Admiralty and Maritime

Australian Law Journal update: Vol 94 Pt 8

By Journal Alerts on September 17, 2020

The latest Part of the Australian Law Journal contains the following articles: “Sir Leo Finn Bernard Cussen: The Centenary of a High Court Tragedy – Part 2” – Paulina Fishman; “The Evolution from Strict Liability to Negligence: When And Why? – Part 1” – Anthony Gray; and “The Land and Environment Court of New South Wales: A Very Short History of an Environmental Court in Action” – Hon Justice Brian J Preston. This Part also includes the following sections: Current Issues; Admiralty and Maritime; Around the Nation: Western Australia; Class Actions; and Book Reviews.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged "act at peril" philosophy, 40 Years of the NSW Land and Environment Court, A Constitutional Centenary, administrative tribunal, Admiralty and Maritime, Admiralty Jurisdiction Reform in India, ALJ, Angelina Gomez, Another Perspective on Legal Life during the Pandemic, Anthony Gray, Around the Nation: Western Australia, articles, Book reviews, class actions, common law, Current issues, Dr Damien J Cremean, fault-based liability, Hon Justice Brian J Preston, Jeffrey Barnes, John Eldridge, Justice François Kunc, Justice Kenneth Martin, Justice Michael B J Lee, Keith Mason, liability lies where it falls, Limitations on the Scope of a Court's Power to Make Any Order it thinks appropriate under s 33ZF or s 183: The High Court's Decision in the Brewster and Lenthall Cases, Paulina Fishman, Pivoting in a Pandemic: A New Clerk’s Insights, Sexual Harassment and the Judiciary, Sir Frederick Jordan: Fire under the Frost, Sir Leo Finn Bernard Cussen: The Centenary of a High Court Tragedy – Part 2, Sir Owen Dixon's Legacy, specialist environmental court, strict liability, superior court of record, The Coherence of Statutory Interpretation, The Curated Page, The Evolution from Strict Liability to Negligence: When And Why? – Part 1, The Land and Environment Court of New South Wales: A Very Short History of an Environmental Court in Action, Timothy Pilkington, Tort Law, tort of private nuisance, tort of strict liability, Western Australia v Harvey [2019] WASC 261 | Leave a response

Australian Law Journal update: Vol 94 Pt 9

By Journal Alerts on September 17, 2020

The latest Part of the Australian Law Journal contains the following articles: “What Remains Of The Engineers Case? A Centenary Appraisal” – Nicholas Aroney; “The Evolution From Strict Liability To Negligence: Implications For The Tort Of Private Nuisance – Part 2” – Anthony Gray; and “Pandemic Justice – An Historical Perspective” – The Honourable Justice John Logan RFD. This Part also includes the following sections: Current Issues; Conveyancing and Property; Admiralty and Maritime; New Zealand; International Focus; and Personalia.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged 1919 Spanish influenza, A Letter to the Commonwealth Attorney-General, administration of justice in Australia during the COVID-19 global pandemic, Admiralty and Maritime, ALJ, Anthony Gray, articles, Associate Justice Julian Hetyey, balanced interpretive approach, Brendan Edgeworth, Civil Justice Reform in New Zealand, Conveyancing and property, Coronavirus, COVID-19, Current issues, Dr Damien J Cremean, Emily Vale, fault-based system of liability, Fraud the In Personam Exception and Enforcing the Undertakings of Predecessors, High Court decisions, International focus, International Inquiries and Fact-finding in International Law, Justice Frances Williams, Justice François Kunc, Justice Mark Livesey, Justice Matthew Palmer, Justice Peter Callaghan, New Zealand, Nicholas Aroney, O’Connor J, Pandemic Justice – An Historical Perspective, Personalia, Power Candour and Decency in the Law, Professor Stuart Kaye, Queensland, Reflecting on Recent Events, Robert Angyal SC, Ruby Princess, Salvage and Voluntariness, Senior Counsel Appointments, Some Rights and Liabilities of Co-owners, South Australia, strict liability, Tasmania, The Curated Page, The Evolution From Strict Liability To Negligence: Implications For The Tort Of Private Nuisance – Part 2, The Honourable Justice John Logan RFD, Thinking about Judicial Independence, tort of negligence, tort of private nuisance, Victoria, What Remains Of The Engineers Case? A Centenary Appraisal | Leave a response

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

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