Around the Nation: Victoria

Australian Law Journal update: Vol 95 Pt 2

By Journal Alerts on February 17, 2021

The latest Part of the Australian Law Journal contains the following articles: “Reflections Upon Constitutional Interpretation And The “Aliens Power”: Love V Commonwealth” – Peter Gerangelos; “The Fluctuating Incidence Of The Burden Of Proof Under The Hague-Visby Rules: The Implications Of Volcafe Ltd V Compania Sud Americana De Vapores Sa [2019] Ac 358 For The Position In Australia” – Angus Stewart; and “Overruling Constitutional Precedent” – Joshua Thomson SC and Madeleine Durand. This Part also includes the following sections: Current Issues: “Afghanistan – Office of Special Investigator”; “Royal Commission into Police Informants”; “Press Freedom; National Security and the Law”; “The AG’s Gambit: National Defamation Reform Enters Its Middlegame”; and “The Curated Page”; Conveyancing and Property: “The Mortgagee’s Duty to Account – Rowe and Nom de Plume”; Around the Nation: Victoria: “COVID-19 and Emergency Regulations”; Admiralty and Maritime: “World in a Box: Impact of Containerisation on Shipping Transactions”; and Book Review: “The Washington Diaries of Owen Dixon, 1942–1944”, by Philip Ayres.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged Admiralty and Maritime, Afghanistan – Office of Special Investigator, ALJ, Angus Stewart, Around the Nation: Victoria, book review, Brendan Edgeworth, circumstances in which a constitutional precedent decided by the High Court of Australia may be overturned, Conveyancing and property, COVID-19 and Emergency Regulations, Current issues, Dr Damien J Cremean, extent of Commonwealth legislative power in s 51(xix) of the Constitution, High Court of Australia in Great China Metal Industries Co Ltd v Malaysian International Shipping Corporation Berhad (1998) 196 CLR 161, House of Lords in Albacora SRL v Westcott & Laurence Line Ltd [1966] 2 Lloyd’s Rep 53; 1966 SC (HL) 19, Joshua Thomson SC, Justice François Kunc, liability of carriers of cargo by sea for loss of or damage to cargo, Madeleine Durand, majority and dissenting reasoning, National Security and the Law, obligations on the carrier to make the ship seaworthy and care for the cargo (Art III rr 1 and 2), Overruling Constitutional Precedent, Peter Gerangelos, Press Freedom, provisions except the carrier from responsibility for loss or damage (Art IV r 2), Reflections Upon Constitutional Interpretation And The "Aliens Power": Love V Commonwealth, Robert Angyal SC, Royal Commission into Police Informants, The AG's Gambit: National Defamation Reform Enters Its Middlegame, The Curated Page, The Fluctuating Incidence Of The Burden Of Proof Under The Hague-Visby Rules: The Implications Of Volcafe Ltd V Compania Sud Americana De Vapores Sa [2019] Ac 358 For The Position In Australia, The Hon Dr Clyde Croft AM SC, The Mortgagee's Duty to Account – Rowe and Nom de Plume, World in a Box: Impact of Containerisation on Shipping Transactions | Leave a response

Australian Law Journal update: Vol 94 Pt 1

By Journal Alerts on February 20, 2020

The latest Part of the Australian Law Journal contains the following articles: “An Australian International Commercial Court – Not A Bad Idea Or What A Bad Idea?” – The Hon Justice A S Bell; “Australia’s “Abhorrent Violent Material” Law: Shouting “Nerd Harder” And Drowning Out Speech” – Evelyn Douek; and “Rituals Of Engagement: What Happens To The Ring When An Engagement Is Called Off?” – James Duffy, Elizabeth Dickson and John O’Brien. This Part also includes the following sections: Current Issues; Family Law, International Focus, Around the Nation: Victoria; Book Review; and Obituary.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged "Should the Jury Decide?" – A Multi-disciplinary Summit, Adrienne Stone, ALJ, Angelina Gomez, Around the Nation: Victoria, Australian international commercial court, AVM Act, book review, Cheryl Saunders, Cohen v Sellar, Criminal Code Amendment (Sharing of Abhorrent Violent Material) Act 2019, Current issues, engagement ring, Enhancing the Contribution of Legal Academics to the Development of Australian Law, family law, financial agreement, Graham v Squibb, International focus, Justice Clyde Croft AM, Justice François Kunc, law, marriage, Modern Slavery Legislation in Australia, Obituary, Professor Stuart Kaye, Regional Convention on the Recognition of Higher Education Qualifications, regulation of leases, Richard Ingleby, Science and Medicine in Summit, The Curated Page, The Hon Jane Hamilton Mathews AO, The Hon Justice A S Bell, The Oxford Handbook of the Australian Constitution, The Year Ahead, Toh v Su, When An Engagement Is Called Off | 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 11

By Journal Alerts on December 5, 2018

The latest Part of the Australian Law Journal contains the following articles: “Sir Frederick Jordan’s Non-Appointment to the High Court and his ‘Queer Views About Federalism'” – The Hon Keith Mason AC QC; “Genocide: The Static Expansion to Include the Crime of Forced Expulsion” – Elizabeth R Plajzer; and “Tostee, Criminal Causation and Provocation in Domestic Violence: A Novel Position” – Brendan Walker-Munro. This Part also includes the following sections: Current Issues; Letter to the Editor; Conveyancing and Property; Around the Nation: Victoria; Class Actions; Competition and Consumer Law; Corporations and Securities; Recent Cases; and Books Received.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged ALJ, Angelina A Gomez, armed forces members in the Australian legal profession, Around the Nation: Victoria, Australian Competition and Consumer Commission v Flight Centre Travel Group Ltd, books received, Brendan Edgeworth, Brendan Walker-Munro, Carly Schrever, certification and contingency fees, class actions, competition and consumer law, Conveyancing and Proeprty, corporate cultures under scrutiny, Corporations and Securities, criminal causation and provocation in domestic violence, Current issues, David Ash, de facto caveats in Victoria's land titles, Elizabeth R Plajzer, finality in litigation and arbitration, forced expulsion, Jason Harris, John Kettle, Justice Clyde Croft, Justice François Kunc, Justice Michael B J Lee, Land Title Act 1994 (Qld), letter to the editor, management of competing class actions in different courts, Recent cases, representative proceedings, research measuring judicial stress and wellbeing, Robert Angyal SC, Ruth C A Higgins SC, sexual offences with child under 16 years, Sir Frederick Jordan's non-appointment to the High Court, the essential "character" of genocide, The Hon Keith Mason AC QC, United Nations Convention on the Prevention and Punishment of Genocide | Leave a response

Australian Law Journal update: Vol 92 Pt 3

By Journal Alerts on June 4, 2018

The latest Part of the Australian Law Journal contains the following articles: “A ‘Diminished Nation’? The Racial Discrimination Act 1975, The Native Title Act 1993 and Constitutional Recognition of Indigenous Australians” – Professor Jonathan Fulcher; “The Doctrine of Forbearance” – Jeremy Stoljar; and “The Duty to Mitigate: A Comparative Analysis between the English Common Law and the CISG” – Bruno Zeller. This Part also includes the following sections: Current Issues; Conveyancing and Property; Around the Nation: Victoria; Personalia; Recent Cases; and Books.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged Agricultural & Rural Finance Pty Ltd v Gardiner (2008) 238 CLR 570, ALJ, Almazeedi v Penner [2018] UKPC 3, Angelina A Gomez, Around the Nation: Victoria, books, Brendan Edgeworth, Bruno Zeller, Chief Justice Diana Bryant, common law doctrine of forbearance, Commonwealth, constitutional recognition of Indigenous Australians, Convention on the International Sale of Goods (CISG), Conveyancing and property, core business for the High Court, Current issues, differences between CISG and common law, e-conveyancing and contracts for sale of land and deeds, Emily Vale, Jeremy Stoljar, judicial conduct in Australia, Justice Clyde Croft, Justice François Kunc, Native Title Act 1993 (Cth), Personalia, power of sale, Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd (2018) 92 ALJR 248; [2018] HCA 4, Professor Jonathan Fulcher, Racial Discrimination Act 1975 (Cth), Recent cases, reducing criminal courts backlog, Robert Angyal SC, Ruth C A Higgins SC, strata schemes and short-term lettings, studying law, Thai Airways International Public Co Ltd v KI Holdings Co Ltd [2015] EWHC 1250 (Comm), the Minister vs the Courts; judicial conduct in the United States, vagueness resulting in substantive unfairness | Leave a response

Australian Law Journal update: Vol 91 Pt 10

By Journal Alerts on November 17, 2017

The latest Part of the Australian Law Journal includes the following articles: “Conscience, Fair-Dealing and Commerce: Parliaments and the Courts” – Chief Justice James Allsop AO; and “The Decline and Fall of Australia’s Law Reform Institutions – And the Prospects of Revival” – Hon Michael Kirby AC CMG. Also in this Part are the following sections: Current Issues; Conveyancing and Property; Around the Nation: Victoria; Competition and Consumer Law; Recent Cases; and Book Reviews.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged ALJ, Anderson v Anderson [2017] NSWCA 131, Angelina Gomez, Around the Nation: Victoria, Australian Marriage Law Postal Survey, Ben Kremer, Book reviews, Brendan Edgeworth, charitable status of professional regulation, Chief Justice James Allsop AO, competition and consumer law, Conveyancing and property, Current issues, Dr J M Bennett AM, estoppel, fair-dealing in commerce, Foreign Currency – Claims Judgment and Damages, Gabrielle Appleby, George Palmer QC, Gregory Tolhurst, Hon Michael Kirby AC CMG, J A Watson, John Basten, John Carter, John Kimbell, John Knott, joint tenancies, Justice Clyde Croft, Justice François Kunc, Keith Mason, law reform commissions, Mason & Carter’s Restitution Law in Australia, Michael Howard, Miller Heiman Pty Ltd v Sales Principles Pty Ltd [2017] NSWCA 106, modern slavery, moral obloquy and unconscionability, Music and the Law, native title, Northern Territory v Griffiths [2107] FCAFC 106, NSW Bar Association strategic plan, Nuncio D’Angelo, Paraskevy Kontoleon, Peter MacFarlane, Peter W Young AO QC, Priestley v Priestley [2017] NSWCA 155, Recent cases, Robert Angyal SC, Robert Baxt AO, Rosalind Dixon, Ruth C A Higgins, same-sex marriage law reform, Sir Frederick Darley: Sixth Chief Justice of New South Wales 1886-1910, statutory age for judicial retirement, The Critical Judgments Project – Re-reading Monis v The Queen, The Duty to Account – Development and Principles | Leave a response

Australian Law Journal update: Vol 91 Pt 6

By Journal Alerts on June 11, 2017

The latest Part of the Australian Law Journal contains the following articles: “Creation of the Federal Court: A Reflection” – Hon Sir Gerard Brennan AC KBE GBS; “Characterisation: Its place in Contractual Analysis and Related Enquiries” – James Allsop; “Gender Equality among Barristers before the High Court” – Daniel Reynolds and George Williams. This Part also includes the following sections: Current Issues; Around the Nation: Victoria; Environmental Law; Equity and Trusts; Family Law; Recent Cases; Books Received and Book Reviews.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged 40th anniversary of the Federal Court of Australia, ALJ, Angelina Gomez, appeals, Around the Nation: Victoria, barristers, Book reviews, books received, characterisation, common form grant, consumer law, contractual analysis, Conveyancing and Property Section Editors, Current issues, Daniel Reynolds, data retention laws, doctrine of penalties, enforcement of judgment debt, environmental law, equity and trusts, family law, FLIP Report, foreign judgments, gender equality, gender equality at Australian Bar, George Williams, Hon Sir Gerard Brennan AC KBE GBS, injunctions restraining executive orders, James Allsop, Justice Clyde Croft, Justice François Kunc, Justice Mark Leeming, Justice Rachel Pepper, Melbourne University Law School, Michael Quinlan, misfeasance in public office, Muslim ban executive orders, Philip R Wood, procedure, Professor Brendan Edgeworth, Recent cases, Richard Ingleby, Robert Angyal SC, Ruth C A Higgins, s 18C of the Racial Discrimination Act 1975 (Cth) (RDA), services, The Fall of the Priests and the Rise of the Lawyers, time for assessing testamentary capacity, unconscionability | Leave a response

Australian Law Journal update: Vol 90 Pt 12

By Journal Alerts on November 18, 2016

The latest Part of the Australian Law Journal includes the following articles: “Unconscionability and promissory estoppel” – Acting Justice Peter Young AO; and “Human rights and business lawyers: The 2011 watershed” – John Southalan. Also in this Part are the following sections: Current Issues; Conveyancing and Property; Around the Nation: Australian Capital Territory; Around the Nation: Queensland; Around the Nation: Victoria; Competition and Consumer Law; Recent Cases (Prince Alfred College Inc v ADC; Façade Treatment Engineering Pty Ltd (In liq) v Brookfield Multiplex Constructions Pty Ltd; R (Ingenious Media Holdings plc) v Commissioners for HMRC); and Book Reviews.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged "Access to Justice" review, "The Future of Law and Innovation in the Profession", “In Freedom’s Cause”, accrued rights, Acting Justice Peter Young AO, ALJ, Angelina A Gomez, Around the nation: Australian Capital Territory, Around the nation: Queensland, Around the Nation: Victoria, Ashley Black, Attorney-General Simon Corbell, audio-visual links, Blick v Franklin (2016) 76 MVR 2; [2016] ACTCA 17, book review, business lawyers, by-laws, competition and consumer law, Conveyancing and property, Current issues, Façade Treatment Engineering Pty Ltd (In liq) v Brookfield Multiplex Constructions Pty Ltd [2016] VSCA 247, Greg Weeks, human rights, incapacitated beneficiaries, Industrial Relations Commission (IRC), John McKenna QC, John Southalan, Justice Clyde Croft, Justice François Kunc, Justice John Dominic Burns, Justice Michael Elkaim, Ken Archer, landlords and tenants, legal education, legal history, Limitation of actions, liquidated damages, Magna Carta, moral obloquy, NSW Industrial Court, OECD Guidelines for Multinational Enterprises, owners corporations, performance guarantees, Peter Butt, Peter Dingwall, Prince Alfred College Inc v ADC (2016) 90 ALJR 1085; [2016] HCA 37, Prior v Queensland University of Technology [No 2] [2016] FCCA 2853, Professor Jennifer Hill, Professor Randall Thomas, Promissory Estoppel, public lectures, R (Ingenious Media Holdings plc) v Commissioners for HMRC [2016] UKSC 54, Rachael Gray, Recent cases, recidivism, Research Handbook on Shareholder Power, Robert Baxt AO, Ruth C A Higgins, Saunders v Vautier, secondary schools, section 18C of the Racial Discrimination Act 1975 (Cth), Shane Gill, short-stay accommodations, short-term letting, Soft Law and Public Authorities: Remedies and Reform, strata law, Supreme Court of the ACT, TI v The Queen [2015] ACTCA 62, unconscionability | Leave a response

Australian Law Journal update: October 2014

By journals team on November 4, 2014

The latest Part of the Australian Law Journal includes the following material: “The anti-deprivation rule in Australia” — Nishad Kulkarni; “Response to the 2013 Whitmore Lecture by The Hon Wayne Martin AC, Chief Justice of Western Australia” — Chris Wheeler; Current Issues, Conveyancing and Property, Around the Nation: Victoria, Admiralty and Maritime, International Focus, Recent Cases, Book Reviews and an Obituary of Hon John Patrick Slattery AO KGCSG QC.

Posted in Australian Law Journal, The (ALJ), Update Summaries | Tagged Admiralty and Maritime, ALJ, anti-deprivation, Around the Nation: Victoria, Book reviews, Chris Wheeler, Conveyancing and property, Current issues, Hon John Patrick Slattery AO KGCSG QC, integrity agencies, International focus, Nishad Kulkarni, Obituary, Recent cases, The Hon Wayne Martin AC, Western Australia, Whitmore Lecture | Leave a response

Australian Law Journal update: June 2014

By journals team on June 6, 2014

The latest Part of the Australian Law Journal publishes the following articles: “Foss v Harbottle: Alive and well in the public sector?” – Marco Bini; “Limiting the nature and scope of a beneficiary’s entitlement to receive trust information” – Elizabeth Bishop; and “The rise of the information barrier: Managing potential legal conflicts within commercial law firms” – Ian Dallen. Also in this Part are several section notes, including several brand new ones: Current Issues; Letter to the Editor; Conveyancing and Property; Around the Nation: Victoria; Constitutional Law; Crime and Evidence; Environmental Law; Competition and Consumer Law; Recent Cases; and Book Reviews

Posted in Australian Law Journal, The (ALJ), Update Summaries | Tagged Acting Justice Peter W Young AO, ALJ, Angelina Gomez, Anne Twomey, Around the Nation: Victoria, beneficiary entitlement, Book reviews, Civil Procedure Act, commerical law firms, competition and consumer law, constitutional law, contributory negligence, Conveyancing and property, court practice, Crime and Evidence, Current issues, Elizabeth Bishop, Environment Protection and Biodiversity Conservation Act 1999, environmental law, Foss v Harbottle, Ian Dallen, information barrier, judicial review, Justice Clyde Croft, Justice Phillip Priest, Justice Rachel Pepper, legal conflicts, letter to the editor, Marco Bini, Peter Butt, Planning Bill 2013, prosecutors' duties, public sector, race discrimination, Recent cases, Robert Baxt AO, sea level rise, shark catch and kill policy, trust information, unconscionable conduct | Leave a response

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