Australasian Dispute Resolution Journal update: Vol 31 Pt 2
The latest Part of the Australasian Dispute Resolution Journal includes the following articles: “Mediation and Negotiation in Legal Disputes” – Michael McHugh AC QC; “Mediating Workplace Bullying: A Reflective Case Study” – Elizabeth Spencer; “The Emotional Advantage: How Dispute Resolution Practitioners Can Embrace the Transformative Capacity of Emotion and De-escalate Conflict” – Sophie Whittaker; “Mediation for Tackling Nigerian Medical Disputes: A Mutually Beneficial Option?” – Adesina Temitayo Bello and Adetoun Onibokun; “Carve Outs in Arbitration Agreements: Tianqi Lithium Kwinana Pty Ltd v MSP Engineering Pty Ltd [No 2]” – Thomas Camp; “The Court of Arbitration for Sport and the Shayna Jack Doping Case” – James Duffy and John O’Brien; and “Family Dispute Resolution for Property Matters: The Case for Making Space” – Genevieve Heard, Andrew Bickerdike and Jamie Lee.
It also contains the following sections: Editorial – Ruth Charlton; ADR Case Notes: “Case Notes: Misleading Conduct in the Procurement of a Mediated Settlement Agreement” – David Spencer; Matters of Interest: “The Impact of Grief through Loss in New South Wales Workers Compensation Commission Mediations” – Katherine Johnson; and Book Review: “Legal Reasoning Across Commercial Disputes”, by Professor SI Strong – Reviewed by Russell Thirgood.
Journal of Civil Litigation and Practice update: Vol 9 Pt 4
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “Concepts of Loss and Proving Hypotheticals in Misleading or Deceptive Conduct” – Benjamin Teng and Andrew Simpson; and “Once Privileged, Always Privileged? An Exploration into the Applicability of Legal Professional Privilege to Inquisitorial Proceedings in New Zealand” – James Anson-Holland. Also in this Part are the following sections: Editorial: “A Civil Case Made Notable by the Notoriety of a Criminal Case: Burnett v International Insurance Co of Hanover Ltd” – Roderick Joyce QSO QC; and “Disregarding the Pleadings at Trial” – Michael Legg; Case Notes: “The Stema Barge II – ‘Manager’ or ‘Operator’?” – Kate Rouch; and “Privacy – Celebrity and Personal Correspondence in the United Kingdom High Court: HRH The Duchess of Sussex v Associated Newspapers Ltd” – Lydia Wilson; and Court Watch: “Bias and Procedural Fairness at Trial” – Bernard Cairns.
Journal of Civil Litigation and Practice update: Vol 9 Pt 3
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “Legislating for Common Sense: The Case for (Re)Enacting Pt 2A of the Civil Procedure Act 2005 (NSW)” – John Woodward; and “After the Event Insurance and Security for Costs: Inconsistency in the Australian Approach” – Daniel Meyerowitz-Katz. Also in this Part are the following sections: Editorial: “Briginshaw and Finding Serious Allegation Proved on the Balance of Probabilities” – Michael Legg; and “The Civil Standard of Proof in New Zealand” – Roderick Joyce QSO QC; and Case Notes: “The Federal Court of Australia Limits Orders for Security for Costs in Industrial Class Actions” – Daniel Moloney and Corey Byrne; and “Supreme Court Orders First Opt-Out Class Action in New Zealand: Southern Response Earthquake Services Ltd v Ross” – Nikki Chamberlain.
Australian Journal of Competition and Consumer Law update: Vol 29 Pt 1
The latest Part of the Australian Journal of Competition and Consumer Law includes the following articles: “When a Seemingly Anti-competitive Merger Is Actually Better for the Market; Vodafone v ACCC” – Ketki Kotwal; and “Australian Open Banking: The Regulatory Dilemma of Balancing Different Policy Objectives” – Suman Podder. Also in this Part are the following sections: Editorial; Authorisations and Notifications; Telecommunications; Case Notes; Consumer Concerns; Report from Asia; and Report from North America.
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.
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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.