The October issue of the Criminal Law Journal includes articles on the proposed changes to the Commonwealth Code’s serious drug offences; the meaning of “dishonesty” in Australia, focusing on the influence of the controversial test invented by the English Court of Appeal in R v Ghosh and the significant differences in the legal rights to post-appeal reviews between the jurisdictions of Britain, Canada and Australia. There is also an editorial, a book review and a digest of criminal law cases.
The latest Part of the Journal of Civil Litigation and Practice publishes the following articles: “Federal court practice and changes in discovery” – Hon Justice Bruce Lander; “Judiciary Act 1903 (Cth), s 79 – State law in federal jurisdiction” – Judge DJ McGill SC; “On proprietary trespass: The availability and application of hypothetical bargain damages” – Brian Mason; “Proportionality: A cultural revolution” – Trevor CW Farrow; and “The Czech Arbitration Court: Online forms of dispute resolution” – Tereza Bartoskova. There is also a Comments section discussing indefeasibility of title, private nuisance and unincorporated associations. Finally there is a review of Class Actions in Australia by Damian Grave, Ken Adams and Jason Betts. Not to be missed!
This Part of JLM includes a wide range of articles and sections to choose from, for example the range includes misleading health service practitioner representations and health outcomes after whiplash, an argument that male circumcision does prevent HIV infection and ethical psychiatric research in Singapore, the legal status of the fetus in NSW and an argument for legalising voluntary physician- based euthanasia, legal capacity under the Convention on the Rights of Persons with Disabilities and open disclosure following medical error. Plus much, much more.
The latest Part of the Insolvency Law Journal includes articles articles on the Federal Court’s exclusive jurisdiction under the Bankruptcy Act, whether leave of court is required to appeal against a decision in favour of a company in voluntary administration or liquidation, the relationship between the early English bankruptcy Acts and current Australian law and Shakespeare’s influence on contemporary perceptions, and whether s 420A of the Corporations Act 2001 (Cth) imposes “strict liability” upon a controller for the failure of an agent or expert to take reasonable care. There is also a Recent Developments section, a book review and a Report from New Zealand.
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.
The latest Part of the EPLJ includes three interesting articles dealing with different aspects of environmental law. The first article comes from Dr Nicola Swayne and Angela Phillips and presents a critical analysis of the current and proposed carbon capture and storage legal frameworks across a number of jurisdictions in Australia. The second article is by Dr Andrew Sneddon and considers the ways in which Australia’s courts and tribunals have responded to Aboriginal objections to proposed mining and development activities on the grounds of potential adverse impacts to “sacred sites”. The final article, by Andrea Bassett, explores the inherent conflict of openly presenting sites to the public while also fully protecting their World Heritage values.
The May issue of the Australasian Dispute Resolution Journal includes several interesting articles covering a range of topics, including neutrality in mediation, active listening in mediation, the nature of disputes in owners corporations, New Zealand’s Treaty of Waitangi and interest-based negotiation, how the Chinese courts and arbitration commission have dealt with disputes containing multiple agreements, levels of report domestic violence at family relationship centres and the ways in which the Yoga Sutras can be successfully applied to modern ADR principles, plus much more!
The second Part of Volume 41 of the Australian Tax Review includes an article by Tim Russell discussing the commercial motivations underpinning the choice of foreign private equity investment structures and an article by Sylvia Villios, Domenic Carbone, John Tretola and Pasqualina Callea analysing the capital gains tax implications of buy-sell agreements. There is also an editorial looking at tax law change and a review of “Tax Polymath: A Life in International Taxation – Essays in Honour of John F Avery Jones”.
The latest Part of the Journal of Banking and Finance Law and Practice includes several interesting pieces. The first article comes from Alexandra Whelan and provides an assessment of the law regarding proprietary rescission. The second article is by He Wei Ping and provides an overview of the means available for foreign banks to enter the Chinese banking sector. The sections cover a diverse range of topics including class actions against banks for exception fees, requests for court assistance under the UNCITRAL Model Law and the new Canadian not-for-profit corporations statute, plus much more.