Australian Law Journal update: Vol 95 Pt 9
The latest Part of the Australian Law Journal contains the following articles: “Public Perspectives on Judges’ Reasons for Sentence” – Kate Warner, Caroline Spiranovic, Lorana Bartels, Karen Gelb and Lynne Roberts; “Waiver of Penalty Privilege in Civil Penalty Proceedings” – Michael Pearce SC; and “Cy-près Remedies in Class Actions – Quo Vadis?” – Georgina Dimopoulos and Vince Morabito.
This Part also includes the following sections: Current Issues: “Is Australian Federation Fit for Purpose in a Pandemic?”; “Sexual Harassment”; “A Notable Australian”; “Contribution to American Law Reform”; “Big Tech: A New Gilded Age?”; “Regulation of ‘Big Tech’: News Media and Digital Platforms Mandatory Bargaining Code”; and “The Curated Page”; Conveyancing and Property: “Indefeasibility, Common Building Schemes and the Torrens System: Deguisa v Lynn”; Around the Nation: Western Australia: “Western Australia v Edwards (No 7) [2020] WASC 339 A Judge Alone Trial Like No Other”; Personalia: “Commonwealth – Justice Simon Steward, Justice Jacqueline Gleeson”; “Northern Territory – Justice Sonia Brownhill”; “Queensland – Queen’s Counsel Appointments”; “South Australia – Senior Counsel Appointments”; “Victoria – Justice James Gorton, Justice Michael Osborne”; and “Western Australia – Senior Counsel Appointments”; Book Reviews: “The Judge, the Judiciary and the Court: Individual, Collegial and Institutional Dynamics in Australia”, by Gabrielle Appleby and Andrew Lynch (eds); and “A Brilliant Boy – Doc Evatt and the Great Australian Dissent”, by Gideon Haigh; and Obituary: Soli Sorabjee AM (1930–2021).
Australian Law Journal update: Vol 95 Pt 4
The latest Part of the Australian Law Journal contains the following articles: “From Middle East Battlefields to the War Crimes Tribunals in Borneo: The War Letters of the Hon Justice Russell Le Gay Brereton, 1940–1946” – Tony Cunneen; “Glory without Power: The Nationhood Power and Commonwealth Spending on Sport” – Daniel Goldsworthy; “The Power of “National Uniform Legislation”: What Is Its Rate of Proliferation and What Factors Are Driving It?” – Dr Guzyal Hill and Dr John Garrick; and “The King V Smail Golden Jubilee: The Failure of the High Court “to develop and clarify the law” of the Torrens Volunteer is no Cause for Jubilation” – MM Park and Serene Ho. This Part also includes the following sections: Current Issues: “Family Court Merger Becomes a Reality”; “Australia at the UN Human Rights Council”; “A Federal Judicial Commission”; “Choice of Counsel a Fundamental Matter”; “The End of the Cardinal Pell Media Saga”; “A Turn Up for the Books?”; “Anzac Lawyers”; “Remembering the Hon Mr Justice Russell Le Gay Brereton”; and “The Curated Page”; Conveyancing and Property: “The Limits of Expert’s Participation in a Leasing Dispute”; Constitutional Law: “Who Is Responsible for Quarantine under the Constitution?”; and Book Review: “Philosophical Foundations of the Law of Equity”, by Dennis Klimchuk, Irit Samet and Henry E Smith (eds).
Australian Law Journal update: Vol 95 Pt 3
The latest Part of the Australian Law Journal contains the following articles: “Seriously Considering ‘Seriously Considered Dicta’: Precedent after Farah Constructions” – Bernice Chen; and “Leadership Spill Rules from the Constitutional Perspective” – Greg Taylor. This Part also includes the following sections: Current Issues: “Options for the Voice to Parliament Released”; “From ‘young’ to ‘one’ by Proclamation”; “Constitutional Unwritten ‘norms’ in the United States”; “Courtroom Drama in England”; and “The Curated Page”; Conveyancing and Property: “Ben-Pelech v Royle: Adverse Possession Alive and Well in Western Australia”; Admiralty and Maritime: “‘World in a Box’ What Legal Issues Might Yet Need to Be Resolved and by What Mechanism?”; Equity and Trusts: “When Is an Express Trust Not a ‘Trust’?”; Family Law: “Pell v The Queen, Unacceptable Risk and Relevant Findings as to the Risk of Harm”; Recent Cases: “Negligence – Public Authorities – Costs – Plaintiff Succeeded against Council and Trust but Failed against State and Grandparents – Trial Judge Declined to Make Bullock or Sanderson Order – Whether Error in Failing to Find That Council Caused Plaintiff to Join Other Parties – Non-acceptance of Calderbank Letter – Whether Trial Judge Erred in Making Partial Indemnity Costs Order”; and Book Reviews: “Church, State and Family: Reconciling Traditional Teachings and Modern Liberties”, by John Witte; “Victor Windeyer’s Legacy – Legal and Military Papers”, edited by Bruce M Debelle AO QC; “Interpreting Executive Power”, by Janina Boughey and Lisa Burton Crawford (eds); “The Foundations and Future of Public Law”, by Elizabeth Fisher, Jeff King and Alison L Young (eds); “Statutory Interpretation in Private Law”, by Prue Vines and M Scott Donald (eds); “Rectification of Documents”, by John Tarrant; and “Lord Devlin”, by Justice John Sackar.
Australian Law Journal update: Vol 95 Pt 2
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.
Australian Law Journal update: Vol 94 Pt 12
The latest Part of the Australian Law Journal contains the following articles: “Responsible Jurimetrics: A Reply To Silbert’s Critique Of The Victorian Court Of Appeal” – Brian Opeskin and Gabrielle Appleby; “Directors’ Duties In A Post-Hayne World: “The Company” As More Than The Sum Of Its Shareholders” – Philip Sales; “Some Reservations About The Use Of Artificial Intelligence In Sentencing Decisions” – Adrian Staples; and “100 Years Of Speaking: Gender Equality Among Barristers Before The High Court” – Winsome Hall and George Williams. This Part also includes the following sections: Current Issues; Letter to the Editor; Conveyancing and Property; Around the Nation: Northern Territory; Class Actions; Recent Cases; and Book Review.
Australian Law Journal update: Vol 94 Pt 9
The latest Part of the Australian Law Journal contains the following articles: “What Remains Of The Engineers Case? A Centenary Appraisal” – Nicholas Aroney; “The Evolution From Strict Liability To Negligence: Implications For The Tort Of Private Nuisance – Part 2” – Anthony Gray; and “Pandemic Justice – An Historical Perspective” – The Honourable Justice John Logan RFD. This Part also includes the following sections: Current Issues; Conveyancing and Property; Admiralty and Maritime; New Zealand; International Focus; and Personalia.
Australian Law Journal update: Vol 94 Pt 7
The latest Part of the Australian Law Journal contains the following articles: “Algorithmic Decision-Making and Legality: Public Law Dimensions” – Dr Will Bateman; “Sir Leo Finn Bernard Cussen: The Centenary of A High Court Tragedy – Part 1” – Paulina Fishman; and “Limitation and The Return of Trust Property” – Jonathon Moore QC. This Part also includes the following sections: Current Issues; Conveyancing and Property; Around the Nation: Western Australia; Technology and the Law; Personalia; Recent Cases; and Book Reviews.
Australian Law Journal update: Vol 94 Pt 5
The latest Part of the Australian Law Journal contains the following articles: “Dixonian Legalism and its Adherents: Assessing the Place for Policy Choices under “Strict and Complete Legalism” in Theory and Practice” – Ned Hirst; “Discrimination Against Employees of Religious Schools in Australia, US and the EU – A Comparison in Light of Human Rights and Deliberative Democracy” – Robert Mężyk; and “Resolving Conflicts at the Interface of Public and Private Law” – Ellen Roc. This Part also includes the following sections: Current Issues; Conveyancing and Property; Environmental Law; International Focus; and Obituary: The Hon John Cain.
Australian Law Journal update: Vol 94 Pt 4
The latest Part of the Australian Law Journal contains the following articles: “The Law Of Sorcery In Madayin” – Dr Danial Kelly; “Strategies For Avoiding A Jurisdiction Clause In International Litigation” – James O’Hara; “The Qualification To The Birthright Doctrine And Beyond: The Judicial Attitude To Adapting The Common Law To Australian Conditions” – Dr Sonali Walpola. This Part also includes the following sections: Current Issues; Conveyancing and Property; Class Actions; Equity and Trusts; and Around the Nation: Tasmania.
Australian Law Journal update: Vol 94 Pt 3
The latest Part of the Australian Law Journal contains the following articles: “Equity and the Modern Forfeiture Rule” – Samantha Hepburn; “Shining a Light on the Dark Corners of Philanthropy: The Next Step in the ACNC Regulation Project” – Amanda R Lekamge; and “Climate Activism and the Extraordinary Emergency Defence” – Dr Nicole Rogers. This Part also includes the following sections: Current Issues; Letter to the Editor; Conveyancing and Property; Family Law; Class Actions; and Obituary.
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