The latest Part of the Australasian Dispute Resolution Journal includes the following articles: “Re-appraising Mediation’s Value of Self-determination” – Laurence Boulle and Rachael Field; “Issues of Justice in Mediated Outcomes for Survivors of Sexual Abuse in State Care?” – Louise Marie Mc Donald and Patrick O’Leary; “The Danger in Prescribing the Publication of International Commercial Arbitration Awards in Order to Cure a Stagnating Common Law” – Michael Elliott; “Bringing Children Metaphorically into the Room: Strategies FDRPs can Use to Focus Parents on their Children’s Best Interests” – Donna Cooper; “Client Case Management: Does It Compromise the FDR Practitioner?” – Mieke Brandon and Linda Kochanski; “Expert Determination as Dispute Resolution in New Zealand” – Shane Campbell; “Silent Parties in Arbitration: Does Rinehart v Hancock Prospecting Pty Ltd Open the Door for Increased Third-party Participation in Arbitral Proceedings?” – Andrew L Mason; and “Nation Building through Mediation: The Mongolia Experience” – Katherine Johnson. It also contains the following sections: Editorial – Ruth Charlton; Case Notes: “Lack of Capacity to Enter a Mediated Settlement Agreement; and Good Faith & Satisfactory Mediation under the Farm Debt Mediation Act; and Mediation Media Watch” – David Spencer; and Book Review: “Dispute Resolution: A practitioner’s guide to successful alternative Dispute Resolution”, by Michael Mills – Reviewed by Mieke Brandon and Elizabeth Rosa.
For over a thousand years – at least – mediation and arbitration have been practised in the English-speaking world. In fact, arbitration as a dispute settling mechanism is probably as old as human society itself, suggests Tom Bathurst in his survey of the history of arbitration published in the Building and Construction Law Journal (BCL). ...more
The latest Part of the Australian Law Journal includes the following articles: “Is access to justice a right or a service?” – Steven Rares; “Some judicial fallacies concerning entire agreement clauses” – I M Jackman; and “The ex ante approach to assessing materiality: To what extent are subsequent price movements relevant?” – Andrew Eastwood. Also in this Part are the following sections: Current Issues; Conveyancing and Property; Around the Nation: Tasmania; Personalia; Around the Nation: Northern Territory, Corporations and Securities; Environmental Law; Recent Cases; and a Book Review: “Principles of Taxation Law 2015” by Kerrie Sadiq.
The latest Part of the Building and Construction Law Journal includes the following articles: “Expert determination: Misconception and misapplication” – AA de Fina; and “An unacceptable wait for acceptance” – Paulina Fishman; and Reports for the following cases: PPK Willoughby v Eighty Eight Construction; Mahony v Queensland Building Services Authority; Valorne Pty Ltd v Building Appeals Board; and Kellett Street Partners Pty Ltd v Pacific Rim Trading Co Pty Ltd.
The Journal of Civil Litigation and Practice is vital reading for all civil dispute practitioners. It uniquely brings together analysis and discussion of many issues in practice, procedure and litigation, and provides a forum to address fundamental change in those areas. The Journal has a broad, practical scope, and is now welcoming articles, comments, case notes and ...more
The latest Part of JBFLP includes the following articles: “Arbitrating financial “star wars”” – Bryan Pape; “Improving the ability of guarantors to make a real choice: Lenders’ practices in taking third party guarantees” – Denise McGill and Nicola Howell; and “Dealings in collateral under the Personal Property Securities Act 2009 (Cth) – in search of a “harmonious whole”” – Bruce Whittaker. Also included in this Part are the following sections: “Banking law and banking practice”; “Securities and Mortgages”; “Commercial and Finance law”; “Insolvency Law and Management”; “Recent Publications”; and “United Kingdom and Europe”.
The latest Part of ADRJ is a special issue, celebrating 25 Years of LEADR. It includes memories and reflections on the story of the first 25 years of LEADR, the beginnings of LEADR, training in Australian and New Zealand, LEADR today and personal retrospectives. Also in this Part are articles on the benefits of ADR in settling sexual harassment complaints, the emergence of lawyer representatives in ADR, the conflict of confidentiality and public interest for a mediator and the provision of FDR in prisons. Not to be missed!
The latest Part of the Building and Construction Law Journal includes an article by David Levin QC about proportionate liability in commercial arbitrations in Australia, an article by Patrick Easton about the Andrews litigation and its relation to penalties from breach of contract, and an article by Jeremy Coggins about breaches of natural justice in alternative dispute resolution of construction disputes. Also in this Part are Reports on the following cases: TX Australia Pty Ltd v Broadcast Australia Pty Ltd and Redline Contracting Pty Ltd v MCC Mining (Western Australia) Pty Ltd (No 2). Not to be missed!
The last Part of Volume 3 of the Workplace Review publishes an interesting mix of articles and sections. The articles discuss the role of the Federal Magistrates Court of Australia, arbitration and breach of fixed-term employment contracts. The sections include Focus on: Victoria, Book Reviews, The Last Word and Diary. Also included in this Part is an interview with ACTU President Ged Kearney and the winning article and first runner up from the McCallum Medal 2012.
The June 2012 issue of the Building and Construction Law Journal includes three interesting articles covering a range of topics related to building and construction law. The first article is by AA de Fina and looks at developments in arbitration in Australia. The second article comes from David Ulbrick and Edward Harrison and discusses the enforcement of upstream duties relating to OHS in Victoria. The final article is by Andrew Murray and discusses moral rights in the context of the construction industry and provides some practical suggestions as to how the processes envisioned by the Copyright Act 1968 may work in practice. There are also two Reports, an editorial and a book review.