Workplace Review update: Summer 2020
The Summer 2020 Part of the Workplace Review includes the following content: “Two Fat Gentlemen” – Bryan Belling; “Can Negative Deviance Spur Creativity with Positive Organisational Outcomes?” – David Nikolas Brodsky; “Future-proofing the Workplace: How COVID-19 Changed the Employment Landscape Forever” – Darren Gardner; “The Inconsistencies of Industrial Manslaughter Laws in the Northern Territory and Australian Capital Territory” – Wazeem Kadir; “Employment Law and Law Firms” – Rick Manuel; as well as the following sections: Editorial; Interview: “Abiding Faiths: Judge Gerard Phillips” – Craig Ryan; Case Notes: “The Great Barrier Rift” – Xavier Boffa; “What’s in a Day?” – El Leverington; “Arbitrary Exercise of a Discretion Kicked Out of the Park” – Lachlan Robison; Book Reviews: “”Letters to Lily Vale”: The Life and Letters of Ernest William Latchford MC, MBE 1916 to 1919 France, Persia and Russia”, by Mark Latchford – Reviewed by Jennifer Giles; “Sir Frederick Jordan: Fire under the Frost”, by Keith Mason – Reviewed by Malcolm Kerr OAM; “IFMRO to IFHRO to IFHIMA: An Historical Overview 1949–2019”, by Professor Phyllis J Watson AM – Reviewed by Craig Ryan; The Last Word; and Diary.
Journal of Civil Litigation and Practice update: Vol 9 Pt 2
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “Digital Property Revisited” – David J Harvey; and “Drawing a Line in the Sand – Private International Commercial Arbitrations and United States Judicial Assistance Pursuant to 28 USC § 1782” – Joshua Kang and Michael Legg. Also in this Part are the following sections: Editorial: “A Significant COVID-19 Court Case” – Roderick Joyce QSO QC; and “The COVID-19 Pandemic and Courts as Essential Services” – Michael Legg; and Case Notes: “Inghams Enterprises v Hannigan – Do Not Play Chicken with Imprecise Drafting” – Jeremy Quan-Sing, Jonathan Light and Caroline Swartz-Zern; and “Proprietary Rights to Fish: Borwick Development Solutions Ltd v Clear Water Fisheries Ltd” – Brittany Rorrison and William Fotherby.
Australian Journal of Competition and Consumer Law update: Vol 28 Pt 3
The latest Part of the Australian Journal of Competition and Consumer Law includes the following articles: “Digital Platforms and Competition Law: A Review” – Myles Bayliss; “A “Facelift” to the Abuse of Dominance – The German Competition Perspective on Facebook” – Dr Sabrina Frank and Malte Frank; and the following sections: Editorial; Authorisations and Notifications; Enforcement and Remedies; Case Notes; Economic(s) Matters; Report from Africa; Report from Europe; Report from Russia; and Benchmarks.
Journal of Civil Litigation and Practice update: Vol 8 Pt 4
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “Litigation Funding of Class Actions Approved in Queensland while Maintenance and Champerty Remain the Law” – Wayne Attrill; and “Documents Within Reach: Discovery “Powers”” – Alexander Sloan. Also in this Part are the following sections: Editorial Comments on “Lawyers to Be Able to Take Percentage of Class Action Damages in Victoria but Questions Remain” – Michael Legg and “”People Who Live in Glass Houses”: Fearn v Tate Gallery Board of Trustees” – Roderick Joyce, QSO, QC; and Case Notes: “The End of the Chorley Exception in Australia: Bell Lawyers Pty Ltd v Pentelow” – Benjamin Teng and “Craig v Williams: Allegations of Apparent Bias” – Matthew Mortimer.
Australian Journal of Competition and Consumer Law update: Vol 27 Pt 4
The latest Part of the Australian Journal of Competition and Consumer Law includes the following articles: “Agents as Competitors? The Implications of ACCC v Flight Centre for Dual Distribution” – Andrew McClenahan; “The Challenge of Applying s 47 of the Competition and Consumer Act in Cases Based on Purpose” – Justin Oliver; and the following sections: Editorial; Access to Services; Defective Goods; Restrictive Trade Practices; Case Notes; Council Considerations; Commission Cameos; Report from Europe; Report from China; and Book Review.
Journal of Civil Litigation and Practice update: Vol 8 Pt 2
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “An Argument for Abolishing the Right to Civil Appeal” – Mark J Rankin; and “Representative Party Standing and Sub-Groups in New South Wales Class Actions” – Michael Legg and Laura Uptin. Also in this Part are the following sections: Editorial Comments on “Costs” – Michael Legg and “What Did the Court Actually Say? – Judicial Clarity” – Roderick Joyce QSO QC; and Case Notes: “Suing Unknown Defendants: Cameron v Liverpool Victoria Insurance Co Ltd [2019] UKSC 6, [2019] 1 WLR 1471” – William Fotherby and “Sargeant v FSS Trustee Corporation and MetLife Insurance Ltd [2018] NSWSC 1997 (21 December 2018)” – Jeremy L Harrison.
Australasian Dispute Resolution Journal update: Vol 30 Pt 1
The latest Part of the Australasian Dispute Resolution Journal includes the following articles: “Is There a Place for Restorative Justice in Civil Mediation?” – Mary Riley and Susan Douglas; “Walking the Tightrope: Exploring the Relationship between Confidentiality and Disputant Participation” – John Woodward; “Does Mandatory ADR Impact on Access to Justice and Litigation Costs?” – Ummey Sharaban Tahura; “Online Dispute Resolution in the Domain Name Space” – Alpana Roy; “UNCITRAL Convention – Mediation’s Big Bang: Can Mediation Challenge Arbitration’s Dominance?” – Sala Sihombing; “The Role of International Mediation in Data Protection and Privacy Law – Can It Be Effective?” – Sinta Dewi, Robert Walters, Bruno Zeller and Leon Trakman; and “Advanced Practice Issues for Family Dispute Resolution Practitioners” – Danielle Jaku-Greenfield, Miriam Ziegler and Nicole Ash. It also contains the following sections: Editorial: “NMC2019: Articles, Observation, and Data” – Alysoun Boyle and Dr Susan Douglas; Case Notes: “Advocate Immunity in Mediation; and Setting Aside a Mediated Settlement Agreement for Vitiating Factors” – Professor David Spencer; and Book Reviews: “Mediation Quest – Making Sense of Loss”, by Dr Katherine Pavlidis Johnson – Reviewed by Lola Akin Ojelabi.
Journal of Civil Litigation and Practice update: Vol 8 Pt 1
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “Court Review of the Decisions of the Australian Financial Complaints Authority and Its Predecessors” – Ian Ramsay and Miranda Webster; and “Legal Professional Privilege in the Third-Party Funding Context” – Nathan Landis. Also in this Part are the following sections: Editorial Comments on “The Courts and Our Daily Lives” – Roderick Joyce QSO QC and “Technology and Civil Justice” – Michael Legg; Case Notes: “Newling v FSS Trustee Corp (No 2) [2018] NSWSC 1405” – Jeremy L Harrison; and Book Review: “Friston on Costs (3rd Ed), by Mark Friston” – Roger Quick and Stephen Warne.
Australasian Dispute Resolution Journal update: Vol 29 Pt 4
The latest Part of the Australasian Dispute Resolution Journal includes the following articles: “International Arbitration in Australia: 2017/2018 in Review” – Albert Monichino QC and Alex Fawke; “Australia and Singapore – Differences in Applications to Set Aside an Arbitral Award?” – Craig Edwards; “Comparative Study of Asian Arbitration Centres vis-a-vis Public Interest and Transparency Measures” – Aayushi Singh; “Final Offer as a First Choice? Police Arbitration: A New Zealand Case Study” – Giuseppe Carabetta; “The Arbitrator as Mediator: Ku-ring-gai Council v Ichor Constructions Pty Ltd [2018] NSWSC 610” – George Pasas; “The Empty Idea of Mediator Impartiality” – Jonathan Crowe and Rachael Field; “Will the Creation of AFCA Be of Benefit to the Parties That Come Before It?” – Andrew Greenhalgh; and “A Comparative Analysis of the Mediation in Kazakhstan and States of Victoria and New South Wales” – Saida Assanova, Almas Serikuly and Arhat Abikenov. It also contains an Editorial: “The Panel of Editorial Consultants” – Ruth Charlton; and Case Notes: “New Zealand Edition – Ordering Specific Performance of a Mediated Settlement Agreement; Mediated Settlement Agreement Not Privileged; and Mediation Media Watch NZ Edition”; “Mediation Media Watch – New Zealand Edition” – David Spencer.
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JOURNAL OF CIVIL LITIGATION AND PRACTICE
CALL FOR SUBMISSIONS for Special Issue on the 10th Anniversary of the Victorian Civil Procedure Act 2010
The Civil Procedure Act 2010 (Vic) was enacted 10 years ago and commenced operation on 1 January 2011. It was an Act aimed at reforming and modernising the laws, practice, procedure and culture for the resolution of civil disputes in Victoria. The Editors invite submissions on the ground-breaking reforms encapsulated in the State of Victoria’s Civil Procedure Act.