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.
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.
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.
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.
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.
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!