The latest Part of the Australian Law Journal includes the following articles: “Is access to justice a right or a service?” – Steven Rares; “Some judicial fallacies concerning entire agreement clauses” – I M Jackman; and “The ex ante approach to assessing materiality: To what extent are subsequent price movements relevant?” – Andrew Eastwood. Also in this Part are the following sections: Current Issues; Conveyancing and Property; Around the Nation: Tasmania; Personalia; Around the Nation: Northern Territory, Corporations and Securities; Environmental Law; Recent Cases; and a Book Review: “Principles of Taxation Law 2015” by Kerrie Sadiq.
The latest Part of the Journal of Law and Medicine includes the following sections: Editorial: “The medico-scientific marginalisation of homeopathy: International legal and regulatory developments” – Ian Freckelton QC; Legal Issues: “Disciplinary proceedings against doctors who abuse controlled substances” – Danuta Mendelson; Medical Issues: “Methamphetamine: Where will the stampede take us?” – Danny Sullivan and Michael McDonough; Bioethical Issues: “‘Never regard yourself as already so thoroughly informed’: The withdrawal of its invitation to Rodney Syme to address its 2015 congress by the Royal Australasian College of Physicians” – Malcolm Parker, Ian Kerridge and Paul Komesaroff; Medical Law Reporter: “Australian Competition and Consumer Commission v ACN 117 372 915: Should consumer law regulate doctor-patient relations in a corporatised health care system?” – Jessica Wallace, Ella Pyman and Thomas Faunce; and Letter to the Editor. Also in this Part are the following articles: “Medical teams and the standard of care in negligence” – Carolyn Sappideen; “Prevention of non-communicable diseases in Australia: What role should public health law play?” – Kate Mulvany; “Personal responsibility or shared responsibility: What is the appropriate role of the law in obesity prevention?” – Benjamin Brooks; “Assessing testamentary and decision-making capacity: Approaches and models” – Kelly Purser and Tuly Rosenfeld; “Slice them up or slice them out? Legal liability for operating on the troublesome patient in cosmetic surgery” – Aileen Kennedy; “State intervention in pregnancy: Should the law respond thus to the problem of Foetal Alcohol Spectrum Disorder?” – Emily Gordon; “Criminal injuries compensation: Protecting vulnerable applicants” – Robert Guthrie; “Unwanted pregnancy: The outer boundary of “treatment injury” in the New Zealand accident compensation scheme” – Rosemary Tobin; “Patient’s right to information under the New Zealand Code of Rights” – Kyla Mullen; and “A way through the dark and thorny thickets? The adjudication of “serious injury” under the narrative tests in the Transport Accident Act 1986 (Vic) and the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic)” – Jason Taliadoros. There is also a review of the book “A Scientist in Wonderland: A Memoir of Searching for Truth and Finding Trouble” by Edzard Ernst.
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “Wavering alternations of valour and caution: Commercial and regulatory litigation in the French CJ High Court” – Peta Spender; “Class action settlement hurdles” – Michael Legg; “Understanding the client’s perspective – overcoming the failure to communicate effectively” – Bobette Wolski; “Where a negligent service provider fails to protect the lender’s interests in a loan transaction: High Court decision casts doubt on lender’s ability to recover its loss in full” – Kylie Weston-Scheuber; and “Is the vendor’s solicitor the stakeholder of deposit monies? An Irish perspective” – Caroline Bergin-Cross. There is also a Comments section and a case note.
By Jason Harris and Michael Legg. The fallout from the global financial crisis (GFC) has focused attention on the efficiency of Australia’s corporate rescue laws as companies struggle under onerous debt levels and attempt to rebuild balance sheets and restructure operations in much tighter credit conditions than in previous years. This article considers the tension between laws that seek to compensate investors through the use of class actions and laws that aim to promote corporate rescue attempts.