The latest Part of the Australian Law Journal includes the following articles: “Lord Denning: His Judicial Philosophy” – Justice James Douglas; and “Australia is Different: Restitution and the Australian Constitution” – Brian Mason. Also in this Part are the following sections: Current Issues; Conveyancing and Property; Crime and Evidence; Personalia; Equity and Trusts; Admiralty and Maritime; Competition and Consumer Law; and Recent Cases.
Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged access to justice, Admiralty and Maritime, ALJ, Australian Academy of Law, Brian Mason, Chief Judge Peter Kidd, Clare Langford, Commonwealth v Director, competition and consumer law, Constitution, Conveyancing and property, Current issues, Dr Damien J Cremean, equity and trusts, Fair Work Building Industry Inspectorate (2015) 90 ALJR 113; [2015] HCA 46, Federal Republic of Brazil v Durant International Corporation [2015] 3 WLR 599; [2015] UKPC 35, First Peoples, Justice Bruno Fiannaca, Justice James Douglas, Justice Jane Dixon, Justice Mark Leeming, Justice Mark Moshinsky, Justice Paul Allan Tottle, Lord Denning, Motor Accident Commission v Dinh [2015] SASCFC 184, Perilya Broken Hill Ltd v Valuer-General [2015] NSWCA 400, Personalia, Peter Butt, Professor Robert Baxt AO, Queensland judicial commission, Recent cases, Red Mass, restitution, Ruth C A Higgins, Slater and Gordon (SGH), Trump International Golf Club Scotland Ltd v Scottish Ministers [2015] UKSC 74, United Kingdom, United States |
The latest Part of AJ Admin L includes the following articles: “Deference” – Stephen Gageler; “Judicial review of administrative decisions: Should there be a 21st-century rethink?” – Steven Rares; “How statutory interpretation sustains administrative law” – Jeffrey Barnes; and “Falling asleep at its master’s feet? The Kable principle and Royal Commissions” – Brian Mason. Also in this Part are the following sections: Trade, commerce and revenue; Immigration and international aspects; Casenotes; and Book reviews.
Posted in Australian Journal of Administrative Law (AJ Admin L), Update Summaries | Tagged AJ Admin L, Australian Communications and Media Authority v Today FM (Sydney) Pty Ltd, Book reviews, Brian Mason, casenotes, CPCF v Minister for Immigration & Border Protection, deference, Immigration and International Aspects, Jeffrey Barnes, judicial review of administrative decision, Justin Davidson, Kable principle, Nathalie Ng, R v Hickman; Ex parte Fox (1945) 70 CLR 598, royal commissions, Statutory interpretation, Stephen Gageler, Stephen Tully, Steven Rares, Trade commerce and revenue |
The latest Part of PLR includes the following Comments: “Court appointment processes and judicial diversity” – Alysia Blackham; “Training the constitutional guard-dog: Condon v Pompano Pty Ltd” – Brian Mason; and “Dangerous democracy or a dangerous judiciary? A reply to Anne Twomey” – Steven Spadijer; and the following articles: “The nationalisation of the State court system” – Stephen McLeish SC; “The Australian Parliamentary Budget Office: Shedding light on the dark arts of budgeting” – Miranda Stewart and Holly Jager; and “Advice to the Governor-General on the appointment of Kevin Rudd as Prime Minister” – Anne Twomey. Also in this Part is a book review and a Developments section.
Posted in Public Law Review (PLR), Update Summaries | Tagged Alysia Blackham, Anne Twomey, Australian Parliamentary Budget Office, book review, Brian Mason, Comments, Condon v Pompano Pty Ltd, court system, Denise Meyerson, developments, Governor-General, Holly Jager, judicial diversity, Kevin Rudd, Miranda Stewart, PLR, Stephen McLeish SC, Steven Spadijer |
The latest Part of the Building and Construction Law Journal includes three interesting articles. The first article is by Brian Mason and discusses the constitutional validity of the arrangements for recovering unpaid security of payment adjudication determinations as a judgment debt. The second article comes from Rohan Havelock, who analyses the availability of liquidated damages following determination of the construction contract. The final article is by Michelle Backstrom and considers the binding nature of certificates in the context of traditional construction contract arrangements and also considers the implications for more complex contracts like those entered into to facilitate public private partnerships.
Posted in Building and Construction Law Journal (BCL), Update Summaries | Tagged BCL, Brian Mason, construction contract, Edwards v Sydney Building Group Ltd, independent certification process, Kable principle, liquidated damages, Malago Pty Ltd v AW Ellis Engineering Pty Ltd, Michelle Backstrom, Reports, Rohan Havelock, security of payment, Sugar Australia Ltd v Conneq |
The latest Part of the Public Law Review publishes the following material: “Comment: Plaintiff M47/2012 v Director-General of Security: Where to now for Al-Kateb?” – Clare McKay; “Comment: Barriers to accessing environmental information under Australian freedom of information” – John Abbot and Jennifer Marohasy; “The late arrival of the “judicial activism” debate in Australian public discourse” – Tanya Josev; and “Jurisdictional facts after Plaintiff M70” – Brian Mason. There is also a Book Review and a Developments section.
Posted in Public Law Review (PLR), Update Summaries | Tagged book review, Brian Mason, Clare McKay, Comments, developments, Jennifer Marohasy, John Abbot, judicial activism, jurisdiction, Plaintiff M70/2011 v Minister for Immigration and Citizenship (2011) 244 CLR 144, PLR, Tanya Josev |
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!
Posted in Journal of Civil Litigation and Practice (JCivLP), Update Summaries | Tagged book review, Brian Mason, civil justice reform, Comments, Czech Arbitration Court, dispute resolution, Federal Court, federal jurisdiction, Hon Justice Bruce Lander, hypothetical bargain damages, Indefeasibility of title, JCivLP, Judge DJ McGill SC, private nuisance, proportionality, proprietary trespass, state law, Tereza Bartoskova, Trevor CW Farrow, unincorporated associations |
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Public Law Review update: December 2013
The latest Part of PLR includes the following Comments: “Court appointment processes and judicial diversity” – Alysia Blackham; “Training the constitutional guard-dog: Condon v Pompano Pty Ltd” – Brian Mason; and “Dangerous democracy or a dangerous judiciary? A reply to Anne Twomey” – Steven Spadijer; and the following articles: “The nationalisation of the State court system” – Stephen McLeish SC; “The Australian Parliamentary Budget Office: Shedding light on the dark arts of budgeting” – Miranda Stewart and Holly Jager; and “Advice to the Governor-General on the appointment of Kevin Rudd as Prime Minister” – Anne Twomey. Also in this Part is a book review and a Developments section.