The latest Part of the Australian Law Journal contains the following articles: “Estoppel And Enforcement Of International Arbitration Awards” – Richard Garnett; “Defamation: Serious Harm And Contextual Truth” – James O’Hara; and “Towards A Coherent Sentencing Jurisprudence For Animal Cruelty Offences” – Gabrielle Wolf, Mirko Bagaric and Jane Kotzmann. This Part also includes the following sections: Current Issues: “The Rule of Law”; “Coercive Control”; and “The Curated Page”; Around the Nation: Tasmania: “Hobart’s Supreme Court Buildings”; Family Law: “Section 114AB: Semantics and Chaos”; Human Rights: “Major UN Review of Australia’s Human Rights Record”; New Zealand: “End of Life Choice: Coming to New Zealand by the Road Less Travelled”; and Recent Cases: “Trade and Commerce – Misleading and Deceptive Conduct – Unconscionable Conduct – Procuring Breach of Fiduciary Duty – Equity – Fiduciaries – Duty – Breach – Contract – Breach of Contract – Joint Venture – Termination”.
Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged ALJ, Anshun estoppel, Around the nation: Tasmania, articles, Australia's uniform defamation laws, award debtor, Breach, breach of contract, coercive control, comity towards foreign courts, contextual truth defence, contract, Current issues, debtor precluded from invoking a defence, Defamation: Serious Harm And Contextual Truth, doctrines of issue, duty, End of Life Choice: Coming to New Zealand by the Road Less Travelled, equity, Estoppel And Enforcement Of International Arbitration Awards, family law, Fiduciaries, finality and enforceability of awards, framework for sentencing animal cruelty offenders, Gabrielle Wolf, harm to reputation caused by publication of defamatory matter, Hobart's Supreme Court Buildings, human rights, James O’Hara, Jane Kotzmann, Joint Venture, Justice François Kunc, Justice Matthew Palmer, Justice Stephen Estcourt AM, losing party to an arbitration award, Major UN Review of Australia's Human Rights Record, Mirko Bagaric, misleading and deceptive conduct, Model Defamation Amendment Provisions 2020, New Zealand, principle of proportionality, Procuring Breach of Fiduciary Duty, Recent cases, relationship between serious harm and contextual truth, resist enforcement of an award, Richard Garnett, Richard Ingleby, Ruth C A Higgins SC, sanctions imposed for animal cruelty offences, Section 114AB: Semantics and Chaos, serious harm threshold, Simon Rice, termination, The Curated Page, The Rule of Law, Towards A Coherent Sentencing Jurisprudence For Animal Cruelty Offences, trade and commerce, unconscionable conduct |
The latest Part of the Australian Business Law Review includes an Editorial by Professor Bob Baxt AO. It also contains the following articles: “The Law of Penalties and the Question of Breach” – Anthony Gray; and “Overseas Buybacks on the ASX: Disclosure Requirements and Signalling Impact” – Mark Holub and Jason Mitchell. Also in this Part are the following sections: Competition Law and Market Regulation: “The High Court Decision in ACCC v Flight Centre – Crash Landings Ahead?” – Brent Fisse; and New Zealand Newsletter: “Are Gains to Foreign Owners “Public Benefits” in Authorisation Proceedings under the Commerce Act 1986?” – Rex Ahdar.
Posted in Australian Business Law Review (ABLR), Journals, Update Summaries | Tagged ABLR, Adjunct Professor Brent Fisse, Andrews v Australia and New Zealand Banking Group Ltd (2012) 247 CLR 205; 86 ALJR 1002; 6 BFRA 211; [2012] HCA 30, Anthony Gray, Australian Competition and Consumer Commission v Flight Centre Travel Group Ltd [2016] HCA 49, authorisation proceedings, breach of contract, Brent Fisse, Cavendish Square Holding BV v Makdessi [2016] AC 1172; [2015] UKSC 67, certainty of contract, Commerce Act 1986 (NZ), Competition and Consumer Law section, Competition law and market regulation, Development of the Framework for Comprehensive Income Products for Retirement, disclosure requirements, Editorial, Emeritus Professor Stephen Corones, Fair Work (Registered Organisations) Amendment Act 2016, foreign owners, Future of Financial Advice legislation (FOFA) litigation, Interim Report "Review of the Financial System External Dispute Resolution and Complaints Framework", Jason Mitchell, law of penalties, Mark Holub, moral obloquy, Murray Report, New Zealand Newsletter, overseas buybacks on the ASX, Paciocco v Australia and New Zealand Banking Group Ltd (2016) 90 ALJR 835; [2016] HCA 28, penalties, price reaction, Professor Robert Baxt AO, public benefits, Review of Tax and Corporate Whistleblower Protections in Australia, Rex Ahdar, s 46 of the Competition and Consumer Act 2010 (Cth) (CCA), s 50 of the Competition and Consumer Act 2010 (Cth) (CCA), signalling impact, unconscionability, unfair contracts, whistleblowing |
This Part of the Journal of Banking and Finance Law and Practice includes the following articles: “The long-run efficiency gains in public-to-private transfers – new evidence from earnings announcements” – Paul Docherty and Steve Easton; “Twin peaks – the legal and regulatory anatomy of Australia’s system of financial regulation” – Andrew Godwin and Ian Ramsay; “Debt for equity swaps and corporate restructuring under s 444GA of the Corporations Act” – Ryan J Turner; and “Surcharging for payment: Payment systems regulation and the constitution of a new economic norm” – Ann Wardrop.
Also in this Part are the following sections: Securities and Mortgages; Wealth Management; Recent Publications; United Kingdom and Europe; as well as a Forum piece by Alan O’Sullivan, which provides a practitioner’s market-based perspective to complement the article by Docherty and Easton in this Part.
Posted in Journal of Banking and Finance Law and Practice (JBFLP), Journals, Update Summaries | Tagged “Twin Peaks” system, accrued benefits, Alan O'Sullivan, Andrew Godwin, Angela Flannery, Ann Wardrop, Beck v Colonial Staff Super Pty Ltd [2015] NSWSC 723, breach of contract, corporate restructuring, David Flack, debt for equity swaps, Dr Bill Gough, Dr Lisa Butler Beatty, Dr Stuart Dutson, Dr WJ Gough, earnings announcements, efficiency gains, English High Court Financial List judges, financial regulation, Forum, fraud mitigation, Ian Ramsay, Jason Harris, JBFLP, John Jarvis QC, Julie Reynolds, Kallun Willock, Laura Feldman, Lesa Bransgrove, Matthew Bransgrove, Michael Green, Mirabela Nickel Ltd, misleading and deceptive conduct, Nexus Energy Ltd, Pamela McAlister, Paul Docherty, Pioneer Mortgage Services Pty Ltd v Columbus Capital Pty Ltd [2015 FCA 1067, privatisation, public-to-private transfers, Recent Publications, Ryan J Turner, s 444GA of the Corporations Act 2001 (Cth), Securities and mortgages, shareholder rights, Sheila Rasanen, Steve Easton, surcharge regulation, surcharging for payment, United Kingdom and Europe, Wealth Management |
The latest Part of the Tort Law Review includes the following articles: “Wilkinson v Downton: New work for an old tort to do?” – Professor Anthony Gray; “The normal measure of damages for tortious damage to chattels under English law” – Dr John Ren; “The tort of intimidation and breach of contract” – Nathan Tamblyn; and “Upkeep claims for wrongful birth, wrongful conception or wrongful fertilisation? IVF mix-up in the Singapore High Court: ACB v Thomson Medical Pte Ltd [2015] SGHC 9” – Ronald JJ Wong.
Posted in Tort Law Review, The (Tort L Rev), Update Summaries | Tagged ACB v Thomson Medical Pte Ltd [2015] SGHC 9, breach of contract, claim for intentionally caused emotional injury, Coles v Hetherton [2015] 1 WLR 160; [2013] EWCA Civ 1704, damages, diminution in value, Dr John Ren, English law, in-vitro fertilisation (IVF), malice, Nathan Tamblyn, normal measure of damages for tortious damage to chattels, Professor Anthony Gray, reasonable cost of repair, Rhodes v OPO [2015] UKSC 32, Ronald JJ Wong, Singapore High Court, Supreme Court of the United Kingdom, threats to do lawful act, Tort L Rev, tort of intimidation, upkeep claims, Wilkinson v Downton, wrongful adoption, wrongful birth, wrongful conception, wrongful fertilisation |
The latest Part of the Tort Law Review includes two articles from Natalie Morrison and John Devereux exploring the ethical and legal dimensions of the law which governs the use of tissue or organs donated by one child (“the saviour sibling”) to another, an article by Chris Bailey which analyses what conduct gives rise to liability for inducing or procuring a breach of contract, and an article by Michael D Green and William C Powers Jr explaining the need for and formation of the American Law Institute and traces the development of the torts restatements from 1934 when the first one was completed through to today, explaining the intricate process developed by the ALI for its restatement projects.
Posted in Tort Law Review, The (Tort L Rev), Update Summaries | Tagged "saviour sibling", breach of contract, causation, Chris Bailey, duty, ethics, John Devereux, liability, Michael D Green, Natalie Morrison, Tort L Rev, torts restatement, William C Powers Jr |
The first Part of Volume 88 of the Australian Law Journal includes the following articles: “Forrest v ASIC: A “perfect storm”” – John Humphrey and Stephen Corones; “Breach ordinarily no bar to termination” – Thomas O’Brien; and “Kable, preventative detention and the dilemmas of Chapter III” – James Stellios. Also in this Part are the following sections: Current Issues; Recent Cases; Conveyancing and Property; Family Law; Personalia; and Book Reviews.
Posted in Australian Law Journal, The (ALJ), Update Summaries | Tagged Acting Justice Peter W Young AO, ALJ, Angelina Gomez, Anthony Dickey QC, Book reviews, breach of contract, Conveyancing and property, Corporations Act 2001 (Cth), Current issues, family law, Forrest v ASIC, John Humphrey, New South Wales v Kable, Personalia, Peter Butt, Recent cases, Sienna Merope, Stephen Corones, termination, Thomas O'Brien |
The last Part for 2013 of the Australian Business Law Review includes four interesting articles. The first article is by Richard Manly SC and discusses the High Court’s reconsideration of the penalty doctrine. The second article comes from Rosemary Teele Langford who looks at the distinction between the duty of care and the duties to act bona fide in the interests of the company and for proper purposes. The third article, by The Hon J D Heydon, sets out the background to litigation in the Federal Court of Australia in which penalties are sought for contravention of the Competition and Consumer Act 2010 (Cth). The final article is by Rasiah Gengatharen and examines the acquisition of pre-encumbered personal property in the ordinary course of the seller’s business.
Posted in Australian Business Law Review (ABLR), Update Summaries | Tagged ABLR, bona fide, breach of contract, Competition and Consumer Act 2010 (Cth), duty of care, High Court, penalties, penalty doctrine, Personal Property Securities Act 2009 (Cth), pre-encumbered personal property, Rasiah Gengatharen, Richard Manly SC, Rosemary Teele Langford, The Hon J D Heydon |
The April 2011 issue of the Building and Construction Law Journal contains articles on rectifying defects in legal doctrine in relation to the repudiation of contracts, a review of the court rules around expert evidence and construction delays. There are also several case reports on relevant building and construction cases.
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