Australian Consumer Law
The latest Part of the Australian Journal of Competition and Consumer Law includes the following articles: “Unconscionable Conduct: An Unconscionably High Standard? An Assessment of whether an Unfair Trading Practices Prohibition Should Be Introduced to Capture Conduct Engaged in By Digital Platforms” – Kate French; and “Antitrust Economic Principles and Intellectual Property Licensing Fees” – Christopher Pleatsikas.
Also in this Part are the following sections: Editorial: “Unconscionable Conduct – Quo Vadis?”; Administration and Competition Policy: “Assessing a Merger Control Regime: Relevant Factors” – Dr Luke Wainscoat; Authorisations and Notifications: “Country Press Australia’s Collective Bargaining Notification” – Holly Cao; Defective Goods: “Defective Medical Devices, Defamatory Statements about Alleged Defects, and Retaining Walls and Paving Make a Lot of Appellate Work” – T H J Cadd; Restrictive Trade Practices: “Reforming Australia’s Merger Regime” – Julie Clarke; Case Note: “Profits, Policy and Privatisation: What the Federal Court’s Decision in the NSW Ports Case Means for Private Companies Bidding for State-owned Infrastructure Assets” – Rachel White; Energy Etchings: “AER Year in Review – Committed to Making Energy Consumers Better Off, Now and in the Future” – Australian Energy Regulator; Council Considerations: “The Council’s Work during 2020–2021” – Malika Bouhafs; Commission Cameos: “To Merge or Not to Merge – What Is the Answer?” – Hank Spier; Consumer Concerns: “Grounded: Consumer Experiences of Travel Cancellations throughout the COVID-19 Pandemic and the Case for Reform” – Alison Elliott; Report from China: “SAMR’s Approach for Merger Review in Digital Sector” – Sharon Henrick, Liu Cheng and Mengzhen Wang; Report from India: “Major Developments in Competition Law in 2020–2021” – Vaishali Mittal and Siddhant Chamola; and Report from Russia: “Russian Antitrust Enforcement in Digital Markets: Cases Brought By the FAS of Russia against Booking.com and Apple” – Evgeny Khokhlov and Anna Zabolotnykh.
This Part of the Journal of Law and Medicine includes the following articles: “A Panacea for Australia’s COVID-19 Crisis? Weighing Some Legal Implications of Mandatory Vaccination” – Gabrielle Wolf, Jason Taliadoros and Penny Gleeson; “Access to Maternal Health Care for Indigenous Australians under International Law” – Georgia Carniato; “Involuntary Patient Assessment in Australia: A Mental Health or Public Health Response?” – Simon Llewellyn, Dominique Moritz, Marc Broadbent and Chiung-Jung (Jo) Wu AM; “Data, Temporary Monopolies and Biosimilar Development” – Teddy Henriksen; “Co-opting Laws to Influence Prevailing Medical and Legal Thinking: ‘Off-Label’ Conceptual Use of One-Punch Laws and Boxing” – Joseph Lee; “Legal Issues in Life-Limiting Illness: Can Cross-Agency, Interprofessional Education Support Integration of Care?” – Colette Hawkins, Charlotte Rothwell, Helen Close, Charlotte Emmett and Hannah Hesselgreaves; “Under the Influence: Regulating Influencers Giving Nutrition Advice” – Marilyn Bromberg and Laura Fitzgerald; “Starvation Genocide in Occupied Eastern Europe 1939–1945: Food Confiscation by and for the Nazis” – George M Weisz; “‘Loss of Dignity’ in Claims for Damages for ‘Humiliation, Loss of Dignity and Injury to Feelings’ in the Human Rights Review Tribunal of New Zealand” – Iris Reuvecamp; “Comprehensive Decriminalisation of Abortion: An Analysis of Concept, Arguments and Regulatory Frameworks” – Fien De Meyer; “Reproductive Rights: Foetal Rights or Female Freedoms?” – Tahnee De Souza and Henry Kha; and “The Right to Biological Truth versus Stability of the Family” – Vugar G Mammadov, Gediminas Sagatys and Roy G Beran.
Also in this Part are the following sections: Editorial: “Mandatory Vaccination Tensions and Litigation” – Ian Freckelton AO QC; Legal Issues: “Children, Parents, Courts and Medical Treatment: Now Who Decides?” – Joanna Manning; Medical Issues: “Doulas from Cradle to Grave: Integration into Conventional Medical Care” – Mike O’Connor; Bioethical Issues: “Assessing Rationing Decisions through the Principle of Proportionality” – James Cameron, Cameron Stewart and Julian Savulescu; Nursing and Midwifery Issues: “Law, Regulation or Just Damned Politics: The Under-utilisation and Undervaluing of the World’s Largest Health Workforce” – Jill White AM; Health Law Reporter: “The Public Interest Test in Immediate Action Hearings under the Health Practitioner Regulation National Law” – Cameron Stewart and Christopher Rudge; and Book Review: “Global Health Security: A Blueprint for the Future”, by Lawrence O Gostin.
The latest Part of the Australian Intellectual Property Journal includes the following content: “Intellectual Property and the Business of Innovation” – Bill Ferris AC; “Australian Laws and Regulations on Regional Branding on Food and Wine Labels: Part 1” – Paula Caroline Zito; and “Dealing Fairly with Parody: How Literary Theory Can Inform Legal Definitions” – Sarah Hook.
The latest Part of the Australian Business Law Review includes an Editorial by Professor Bob Baxt AO regarding suggested priorities for the re-elected federal government. It also contains the following articles: “Remote signings under Australian law” – Bruce Whittaker; “Re-evaluating the elements of the insider trading offence: Should there be a requirement for the ‘possession’ of inside information?”– Juliette Overland and “Protecting consumers from unfair contract terms: Australian comparisons” – Paul Latimer. Also in this Part are the following sections: Contracts and Restitution: “Trusts, debt and powers of advancement: Fischer v Nemeske Pty Ltd” – James McComish; and New Zealand Newsletter: “The nature of reasonable credit fees” – Barry Allan.
The latest Part of the Building and Construction Law Journal includes the following articles: “The resolution of construction law disputes in the 21st century: A view from the other side of the bar table – John Sharkey AM; “Fair play on the building site: How extending unfair contract term protections to small businesses will impact construction projects – Alisa Taylor; and “The quantification of loss caused by disruption: How applicable is the measured mile method? – Robert J Gemmell. Also in this Part is a Report on the following case: Sugar Australia Pty Ltd v Lend Lease Services Pty Ltd.
The latest Part of the Company and Securities Law Journal includes the following content: “Developing Australia’s framework for corporate prosecutions” – Luke Hastings, Grant Marjoribanks and Jeremy Birch; “Misleading or deceptive conduct in the provision of financial services: an empirical and theoretical critique of the Corporations Act 2001 (Cth) and the Australian Securities and Investments Commission Act 2001 (Cth)” – Emily Klotz; “From the Wallis report to the Murray report: a critical analysis of the financial services regime between two financial system inquiries” – Matthew Peckham; and the following sections: Corporate Insolvency: “Receivership and restructuring: The Australian Productivity Commission’s proposed reforms to s 420A of the Corporations Act 2001 (Cth)” – Jennifer Dickfos and Catherine Brown.
The latest Part of the Australian Journal of Competition and Consumer Law includes the following articles: “A fly in the ointment for the ACCC? Implications of the Cement Australia decision for the interpretation of section 46” – Caroline Coops; and “Acceptable quality v merchantable quality” – Lynsey Edgar. Also in this Part are the following sections: Enforcement and Remedies; Case Note; What if…; Comments from Commerce; Consumer Concerns; Snapshots; Economic(s) Matters; Report from New Zealand; Report from Asia; and Report from Russia.
The latest Part of the Australian Journal of Competition and Consumer Law includes the following articles: “In competition with each other? Implications of the apparently divergent outcomes in Flight Centre and ANZ” – Andrew Christopher and Thea Fabricius; “Vertical merger analysis in the United States, Europe and Australia” – Paul McLachlan; and “Consumer guarantees – lessons to be learnt from afar” – Lynden Griggs, Aviva Freilich and Nicolas Messel. Also in this Part are the following sections: Editorial; Authorisations and Notifications; Telecommunications; Case Note; Tribunal Tableaux; Council Considerations; and Report from Europe.
The last Part for 2014 of AJCCL includes the following articles: “Establishing accessorial liability under the Australian Consumer Law” – Stephen Lumb; and “China’s MOFCOM: Gaining in confidence and transparency” – Thomas Jones, Raquel Lapresta and Jessica Qiu; and the following sections: Access to Services; Defective Goods; Restrictive Trade Practices; Unconscionable Conduct and Codes of Conduct; Case note; Snapshots; Energy Etchings; Reflections; Commission Cameos; Report from India; and Report from North America.