Book reviews

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 Journal of Administrative Law update: Vol 24 Pt 2

By Journal Alerts on June 9, 2017

This Part includes the following articles: “Who Decides the Validity of Executive Action? No-Invalidity Clauses and the Separation of Powers” – Lisa Burton Crawford; “Challenging Huynh: Incorrect Importation of the National Interest Term via the Back Door” – Jason Donnelly; “Merits Review and the 21st Century Tribunal” – Juliet Lucy. Also in this Part are the following sections: Current Issues; Casenotes: Construction Forestry Mining & Energy Union v Director, Fair Work Building Industry Inspectorate (2016) 91 ALJR 1; [2016] HCA 41; and a Book Review.

Posted in Australian Journal of Administrative Law (AJ Admin L), Journals, Update Summaries | Tagged 21st century tribunals, Administrative Law and Judicial Deference, AJ Admin L, Book reviews, casenotes, character test, Current issues, Editorial, Greg Weeks, Janina Boughey, Jason Donnelly, judicial review of executive action, Juliet Lucy, Justin Davidson, Katie Miller, legitimate expectation, Lisa Burton Crawford, Matthew Groves, Matthew Lewans, merits review, Minister for Immigration and Multicultural and Indigenous Affairs v Huynh (2004) 139 FCR 505; [2004] FCAFC 256, Nathalie Ng, national interest term, no-invalidity clauses, section 501(2) of the Migration Act 1958 (Cth), Stephen Tully | 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

Australian Law Journal update: Vol 91 Pt 3

By Journal Alerts on April 9, 2017

The latest Part of the Australian Law Journal contains the following articles: “Not worth the paper they’re not written on? Executing documents (including deeds) under electronic documentation platforms: Part B” – Diccon Loxton; “Burqas and Niqabs in the courtroom: Finding practical solutions” – Renae Barker. This Part also includes the following sections: Current Issues; Conveyancing and Property; Constitutional Law; Around the Nation: Western Australia; International Focus; Recent Cases and Book Reviews.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged 25th anniversary QCA, 40th anniversary of Federal Court, ALJ, ALRC Inquiry into Indigenous Incarceration Rates, Angelina Gomez, Anne Twomey, Anthony Gray, Around the Nation: Western Australia, Australia-Cambodia Refugee Resettlement Agreement, Book reviews, Brexit, burqas, Chief Justice Susan Kiefel AC, constitutional law, Conveyancing and property, Criminal Due Process and Chapter III of the Australian Constitution, Current issues, Diccon Loxton, electronic deeds, electronic documentation platforms, electronic transactions legislation, FCA National Court Framework (NCF), Hon Thomas Bathurst AC, human rights, International focus, Jason N E Veruhas, John Bell, Judge Matthew Myers AM, juries, Justice François Kunc, Justice James Edelman, Justice Kenneth Martin, Madeleine Ellicott, Mark Elliott, niqabs, Peter Butt, Philip Murray, Public Law Adjudication in Common Law Systems: Process and Substance, Rebecca Ananian-Welsh, Recent cases, refugee law, Renae Barker, Ruth C A Higgins, Ryszard Piotrowicz, s 127 of the Corporations Act 2001 (Cth), Smith v Western Australia [No 2] [2016] WASCA 136, witness evidence | Leave a response

Australian Journal of Administrative Law update: Vol 24 Pt 1

By Journal Alerts on April 5, 2017

The latest Part of AJ Admin L features a tribute to outgoing General Editor Dr Damien Cremean, written by the new team of co-General Editors, Dr Greg Weeks and Professor Matthew Groves; and also signals a new “Current Issues” section format for future editions of the journal. This Part includes the following articles: “Balancing the Discretionary Seesaw: Are Community Values an Appropriate Guide for the AAT’s ‘Preferable’ Decisions?” – Madeleine Harkin; “The Function of s 75(v) of the Constitution” – Lindsay Muir; “Australian Ombudsmen: Drafting a Blueprint for Reform” – Anita Stuhmcke. Also in this Part are the following sections: Current Issues; and Book Reviews.

Posted in Australian Journal of Administrative Law (AJ Admin L), Journals, Update Summaries | Tagged "preferable" decisions, Administrative Appeals Tribunal, AJ Admin L, Anita Stuhmcke, AS v Minister for Immigration and Border Protection (Ruling No 4) (2016) 310 FLR 166; [2016] VSC 351, Australian Ombudsmen, Book reviews, community values, Controlling Administrative Power: An Historical Comparison, Current issues, Daniel Reynolds, discretionary decision-making power, Dr Greg Weeks, Dr Janina Boughey, Dr Stephen Tully, Editorial, Immigration and Border Protection v SZSSJ; Minister for Immigration and Border Protection v SZTZI (2016) 90 ALJR 901; [2016] HCA 29, Justin Davidson, Katie Miller, Leading Cases in Australian Law: A Guide to the 200 Most Frequently Cited Judgments, Lindsay Muir, Lyndon Goddard, Madeleine Harkin, no-invalidity clauses, non-arbitrary government, Peter Cane, Professor Matthew Groves, review for jurisdictional error, Robin Creyke, Section 75(v) of the Constitution, Soft Law and Public Authorities: Remedies and Reform | Leave a response

The Queensland Lawyer update: Vol 36 Pt 3

By Journal Alerts on January 12, 2017

The latest Part of The Queensland Lawyer includes the following content: “‘Hogan Orders’: Interim property settlement for litigation funding” – Justin Thomas; and the following Sections: Conveyancing and Property law; Criminal law; Industrial Law; and Book Reviews. There is also a Report on the the following case: Sutton v Tang [2015] QDC 191.

Posted in Journals, Queensland Lawyer, The (Qld Lawyer), Update Summaries | Tagged "Hogan orders", agreement for lease, Andrew West, Archer v Simon Transport Pty Ltd [2016] QCA 168, Australian Anti-Discrimination Law (2nd ed), Book reviews, case report, Conveyancing and Property Law, criminal law, David Rolph, Defamation Law, Dominique Allen, Dr Bill Dixon, Dr Kristy Richardson, Elinor Buys, Federal Circuit Court Judge Michael Jarrett, In the Marriage of Hogan (1986) 10 Fam LR 681, Industrial Law, interim property settlement, Judge Michael Jarrett, Judge Michael Shanahan DCJ, Justin Thomas, Land Contracts in Queensland (4th ed), litigation funding, Marissa Carroll, Neil Rees, OXS Pty Ltd v Sydney Harbour Foreshore Authority [2016] NSWCA 120, particulars of offence, Qld Lawyer, R v Baden-Clay (2016) 90 ALJR 1013; [2016] HCA 35, Sarah Kingston, Sentencing Advisory Council, sentencing ranges, Sharon Christensen, Simon Rice, Stephen Jones, Sutton v Tang [2015] QDC 191, William Dixon, William Duncan, William Siganto | Leave a response

Australian Journal of Administrative Law update: Vol 23 Pt 4

By Journal Alerts on December 1, 2016

The latest Part of AJ Admin L includes the following article: “A man for all seasons? The fair minded observer and royal commissioners” – Matthew Groves. Also in this Part are the following sections: Work and Employment; Trade, Commerce and Revenue; Casenotes (AMF15 v Minister for Immigration & Border Protection); Immigration and International Aspects; and Book Reviews.

Posted in Australian Journal of Administrative Law (AJ Admin L), Journals, Update Summaries | Tagged age discrimination, AJ Admin L, AMF15 v MInister for Immigration & Border Protection (2016) 241 FCR 30, animals, AS v Minister for Immigration & Border Protection (Ruling No 4) (2016) 310 FLR 166; [2016] VSC 351, Beth Gaze, bias rule, Book reviews, casenotes, commercial barristers, Damien J Cremean, disability discrimination, Editorial, Gemma McKinnon, Greg Weeks, Hayley Hooper, Immigration and International Aspects, Jason N E Varuhas, Joanna Howe, John Bell, John Levingston, Judicial Commission (Vic), Justin Davidson, Mark Elliott, Matthew Groves, Minister for Immigration & Border Protection v SZSSJ; Minister for Immigration & Border Protection v SZTZI (2016) 90 ALJR 901; [2016] HCA 29, Murray Hunt, Nathalie Ng, Parliament and Human Rights: Redressing the Democratic Deficit, Paul Yowell, Philip Murray, Plaintiff M68/2015 v Minister for Immigration & Border Protection (2016) 90 ALJR 297; [2016] HCA 1, Plaintiff S99/2016 v Minister for Immigration & Border Protection [2016] FCA 483, public law, Public Law Adjudication in Common Law Systems: Process and Substance, royal commissions, Sarah-Jane Morris, Stephen Tully, The Law of Tribunals: Annotated Civil and Administrative Tribunal Act 2013 (NSW), Trade commerce and revenue, Validity of Determination IMMI 15/140 (3 December 2015), value of commercial litigation, Willing to Work national inquiry, Work and Employment | Leave a response

Australian Law Journal update: Vol 90 Pt 11

By Journal Alerts on November 9, 2016

The latest Part of the Australian Law Journal includes the following articles: “Procedural Fairness: The Age of Legitimate Expectation is Over” – Naomi Sharp; and “His or Her Duty to Keep Secret” – Julie Kinross and Peter Davis QC.
Also in this Part are the following sections: Current Issues; Conveyancing and Property; From the Law Schools; Human Rights; Equity and Trusts; Admiralty and Maritime; Recent Cases; Books Received; Book Reviews: “Scholarly Misconduct: Law, Regulation, and Practice” by Ian Freckelton QC; “When Doctors and Parents Disagree: Ethics, Paediatrics and the Zone of Parental Discretion” by Rosalind McDougall, Clare Delany and Lynn Gillam; “Australian Domain Name Law” by Alpana Roy; and “Ten Years of the Civil Procedure Act 2005 (NSW): A Decade of Insights and Guide to Future Litigation” by Miiko Kumar and Michael Legg; and an Obituary tribute to the late James Donald Merralls AM, QC, written by J H Karkar QC.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged Admiralty and Maritime, ALJ, Alpana Roy, and Practice, Angelina A Gomez, Australian Domain Name Law, Australian law schools, B C Cairns, Book reviews, books received, Clare Delany, Commonwealth inquiry into Indigenous incarceration rates, community legal centres, Conveyancing and property, criminal liability, Current issues, damage done by ship, death penalty, Dr Damien J Cremean, drafting wills, duty of care to intended beneficiary, duty to keep secret, Equity and trust, fine default, From the law schools, Gino Dal Pont, human rights, Ian Freckelton QC, J H Karkar QC, James Donald Merralls AM QC, Julie Kinross, Justice François Kunc, Justice Mark Leeming, Kioa v West (1985) 159 CLR 550, land titles office, landlord’s covenant to repair, legitimate expectation, Lynn Gillam, maritime lien, Michael Legg, migration, Miiko Kumar, Mora (Migration) [2016] AATA 4198, Naomi Sharp, Nicholas Smith, Obituary, Peter Butt, Peter Davis QC, Primary Judge in Equity, procedural fairness, Professor Michael Coper, public officers, R v Baden-Clay (2016) 90 ALJR 1013; [2016] HCA 35, Recent cases, Rosalind McDougall, Ruth C A Higgins, same-sex marriage, Scholarly Misconduct: Law, Scott Aspinall, Ship "Sam Hawk" v Reiter Petroleum Inc [2016] FCAFC 26, Simon Rice, Solicitor-General Act 1916 (Cth), Tasmania v Johnston (2009) 18 Tas R 195, Ten Years of the Civil Procedure Act 2005 (NSW): A Decade of Insights and Guide to Future Litigation, unauthorised disclosure of information, When Doctors and Parents Disagree: Ethics Paediatrics and the Zone of Parental Discretion | Leave a response

Australian Law Journal update: Vol 90 Pt 10

By Journal Alerts on October 31, 2016

The latest Part of the Australian Law Journal includes the following articles: “Lord Atkin: Principle and Progress” – P D T Applegarth; and “What’s in a Name?” – Justice Emilios Kyrou. Also in this Part are the following sections: Current Issues; Conveyancing and Property; Around the Nation: Tasmania; Personalia; Competition and Consumer Law; Recent Cases (Miller v The Queen, Compton v Ramsay Health Care Australia Pty Ltd, Hayward v Zurich Insurance Co plc, Versloot Dredging BV v HDI Gerling Industrie Versicherung AG); and Book Reviews.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged 150th anniversary, Alastair McEwin, ALJ, Angelina A Gomez, anglicisation of names, Anne-Marie Foord, Around the nation: Tasmania, Australian Competition and Consumer Commission (ACCC), Book reviews, Chief Justice Michael Grant, Clare Langford, class actions, Commissioner for Children and Young People (SA), Competition and Consumer Act 2010 (Cth), competition and consumer law, Compton v Ramsay Health Care Australia Pty Ltd [2016] FCAFC 106, concurrent leases, Conveyancing and property, Current issues, Daniel Reynolds, Defamation Law, Director of Public Prosecutions (Cth), Dr David Rolph, Edward Santow, Greek Australians, Hayward v Zurich Insurance Co plc [2016] UKSC 48, Hellenic lawyers in Australia, Human Rights Commission, Judicial Conduct Commissioner (SA), Justice Emilios Kyrou, Justice François Kunc, Justice John Robson, Justice Maree Kennedy, Justice Martin Hinton, Justice Michael Brett, Justice Michael Elkaim, Justice Shane Gill, Justice Stephen Burley, Justice Stephen Estcourt, Leading Cases in Australian Law: A Guide to the 200 Most Frequently Cited Judgments, Legal History Podcasts on Equity, librarians, libraries, Linden Barnes, Lord Atkin, Lyndon Goddard, media coverage, Michael Brogan, Miller v The Queen (2016) 90 ALJR 918; [2016] HCA 30, multiculturalism, national conference on the future of Australian legal education, nuisance committed by licensee, Nuncio D'Angelo, owner liability, P D T Applegarth, Personalia, Peter Butt, post-sentence preventative detention, Professional Responsibility and Legal Ethics, Recent cases, recognition referendum, revenge porn, Robert Baxt AO, Ruth C A Higgins, Sarah McNaughton SC, sentencing, the Hon Dr Kay Patterson AO, The Hon Michael McHugh AC QC, Versloot Dredging BV v HDI Gerling Industrie Versicherung AG [2016] UKSC 45 | Leave a response

Australian Law Journal update: Vol 90 Pt 9

By Journal Alerts on October 20, 2016

The latest Part of the Australian Law Journal contains “Current Issues” by General Editor, the Hon Justice François Kunc. It features the following articles: “Anti-Semitism, Hate Speech and Pt IIA of the Racial Discrimination Act” – Ronald Sackville AO QC; “Liquidator Remuneration, Creditor Dividends and the Public Interest: Recent NSW Supreme Court Decisions and the Continuing Need for Reform” – A Keith Thompson; “Should Lower Court Judges Bind Magistrates and Tribunals?” – Oliver Jones. This Part also includes the following sections: Conveyancing and Property; Corporations and Securities; Recent Cases, Book Reviews and Obituary.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged “running account” defence, A Keith Thompson, Alistair Harkness, ALJ, Angelina A Gomez, anti-Semitism, binding decisions, Book reviews, Bridget Harris, comity, company culture, concurrent leases, contract enforcement, contract for sale of land, Conveyancing and property, Corporations and Securities, creditor dividends, Crown Melbourne Ltd v Cosmopolitan Hotel (Vic) Pty Ltd (2016) 90 ALJR 770, Current issues, David Baker, deposits, Donald R Rothwell, estate agents, Hall v Poolman (2007) 215 FLR 243, hate speech laws, Holocaust, judicial accountability, Justice François Kunc, law firm funding models, liquidator remuneration, Locating Crime in Context and Place: Perspectives on Regional Rural and Remote Australia, Lord Chancellor, lower court judges, magistrates and tribunals, Obituary, Oliver Jones, peak indebtedness, penalties, Peter Butt, Pt IIA of the Racial Discrimination Act 1975 (Cth), public interest, purchaser’s interest, Recent cases, Robert Baxt AO, Ronald Sackville AO QC, Royal Commission into Child Protection and Youth Detention Systems in the Northern Territory, Ruth C A Higgins, s 18C of the Racial Discrimination Act 1975 (Cth), Skye Saunders, the Hon James Frederick Staples, The International Law of the Sea, Tim Stephens, Valentine v Eid (1992) 27 NSWLR 615, Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 387, Whispers from the Bush | Leave a response

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Book reviews

Australian Law Journal update: Vol 91 Pt 6

Australian Journal of Administrative Law update: Vol 24 Pt 2

Australian Law Journal update: Vol 91 Pt 3

Australian Journal of Administrative Law update: Vol 24 Pt 1

The Queensland Lawyer update: Vol 36 Pt 3

Australian Journal of Administrative Law update: Vol 23 Pt 4

Australian Law Journal update: Vol 90 Pt 11

Australian Law Journal update: Vol 90 Pt 10

Australian Law Journal update: Vol 90 Pt 9

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