The latest Part of the Public Law Review includes the following content: Comments: “The ‘Rule’ Against Subdelegation of Legislative Power: Is it as Relevant in the 21st Century as it was in the 20th?” – Stephen Argument; “Reverse Onus Provisions and Statements of Compatibility in the Courtroom” – Jeremy Gans; “The Statutory Implication of Reasonableness and the Scope of Wednesbury Unreasonableness” – Justice Chris Maxwell; Speech: “The Increasing Internationalisation of Australian Law – Justin Gleeson SC; and the following Articles: “Deliberation at the Founding: Deliberative Democracy as an Original Constitutional Value” – Ron Levy, Neomal Silva and Benjamin B Saunders; “Is the Crown Expected to be a Model Litigant in New Zealand?” – Anthea Williams; and Developments.
The Corporations Amendment (Crowd-sourced Funding) Bill 2016 (Cth), which is currently before the Commonwealth Senate, plans to amend the Corporations Act 2001 (Cth) to deal with an increase in crowd-sourced capital-raising activities by companies within Australia. A more detailed exposition and analysis of the proposed Bill is contained within the latest issue of the Company and Securities Law Journal in Catie Moore, “Equity Crowdfunding ...more
The latest Part of the Journal of Civil Litigation and Practice includes a Tribute to the Founding Editor of the Journal, Dr Damien Cremean, marking his retirement from the Journal. This Part also includes the following article: “When does a consent order operate as or evidence a contract?” – Alexander Sloan. Also in this Part are Editorial Comments and Case Notes.
The latest Part of the Public Law Review includes the following content: Comments: “Extraordinary Powers without Judicial Oversight: A Separation of Powers Dilemma” – Rebecca Ananian-Welsh; “Constitutional Recognition through a (Justiciable) Duty to Consult? Towards Entrenched and Judicially Enforceable Norms of Indigenous Consultation” – Megan Davis and Rosalind Dixon; “Revisiting the Scope of the Race Power after McCloy” – Harry Hobbs; and the following Articles: “Refining the Australian Counter-terrorism Legislative Framework: How Deliberative Has Parliament Been?” – Dominique Dalla-Pozza; “The Constitutional and Regulatory Dimensions of Plebiscites in Australia” – Paul Kildea; “The Entrenchment of Certiorari and Habeas Corpus: A Reconceptualisation of the Source and Content of Judicial Power” – Ying Hao Li and Kevin Ngo; and Book review: “Damages and Human Rights” – reviewed by Stephen Gageler.
The latest Part of the Public Law Review includes the following content: Comments: “The Strathclyde Review on Secondary Legislation and the Primacy of the House of Commons: Possible Lessons for Australia” – Stephen Argument; “Plaintiff S99/2016 and the Expansion of the Principle of Legality” – Bruce Chen; and the following Articles: “The Making of New Zealand’s Foreign Fighter Legislation: Timely Response or Undue Haste?” – John Ip; “Regency in the Realms” – Anne Twomey; “Reconciling Hong Kong’s Final Authority on Judicial Review with the Central Authorities in China: A Perspective from ‘One Country, Two Systems'” – Shucheng Wang; Book Reviews: “Feminist Judgments: Rewritten Opinions of the United States Supreme Court” – Rosalind Dixon; “Soft Law and Public Authorities: Remedies and Reform” – Alan Robertson; and Developments.
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “From Susskind to Briggs: Online court approaches” – David Harvey; “Validity of asymmetric jurisdiction agreements in England, Australia and New Zealand” – David Birch; and “Mediator standards of conduct: A commentary to the revised National Mediator Accreditation System Practice Standards” – Bobette Wolski. Also in this Part are the editorial Comments and the following sections: Case notes: Aircraft Support Industries Pty Ltd v William Hare UAE LLC (2015) 298 FLR 183;  NSWCA 229 – by James Argent; and Firebird Global Master Fund II Ltd v Republic of Nauru (2015) 90 ALJR 228;  HCA 43 – by Domenic Cucinotta and James Argent.
The latest Part of the Public Law Review includes the following content: Comments: “Reforming parliamentary privilege in New Zealand” – Debra Angus; “Senate voting rules and the Commonwealth Electoral Amendment Act 2016 (Cth)” – John Pyke; “Crafting a concept of deference for the implied freedom of political communication” – Murray Wesson; a Speech from the 2015 Sir Anthony Mason Lecture: “The use of proportionality in Australian constitutional law” – Hon Sir Anthony Mason AC KBE GBM; and the following Articles: “The Recognise campaign and constitutional relationships between Indigenous peoples and the state” – J L Birrell; “Prorogation: Can it ever be regarded as a reserve power?” – Professor Anne Twomey; Book review: “Public Law in the Age of Statutes: Essays in Honour of Dennis Pearce” – reviewed by the Hon Kenneth Hayne AC QC; and Developments.
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “Class actions in New Zealand: The necessity for introducing a class action regime” – Chris Patterson; “Security for costs for corporate plaintiffs: Is constrained judicial discretion impeding access to justice?” – Rebecca Wheeler; and “Exploring eCourt innovations in New South Wales civil courts” – Philippa Ryan and Maxine Evers. Also in this Part are the editorial Comments and the following sections: Court watch: “The overarching objective in practice” – Dr Bernard Cairns; and Case note: Kings College Hospital NHS Foundation Trust v C  EWCOP 80; Seales v Attorney General  NZHC 1239 – by William Fotherby.
The latest Part of the Public Law Review includes the following content: Comments: “The Charter’s effect on administrative decision-making” – Janina Boughey; “The jurisdiction of the Independent Commission Against Corruption after High Court challenges and legislative amendment in 2015” – John Emmerig, Michael Legg, Holly Sara and Stephanie Stacey; and the following Articles: “Deliberative processes for administrative regulations: Unenforceable public consultation provisions and the courts” – Andrew Edgar; “Out of step? The New South Wales Parliamentary Evidence Act 1901” – Beverly Duffy and Sharon Ohnesorge; “The taming of the charitable shrew: State roll back of charity tax concessions” – Ian Murray; as well as Developments.
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “A trial of preliminary issues” – Katja Levy; and “From NW Frozen Foods to CFMEU via Ingleby and Barbaro: Changing judicial attitudes to ‘agreed’ civil penalties” – Grant Mason. Also in this Part are the following case notes: Blairgowrie Trading Ltd v Allco Finance Group Ltd (Receivers & Managers Appointed) (in liq)  FCA 811 – by James Argent; Pavlovic v Universal Music Australia Pty Ltd  NSWCA 313 – by Domenico Cucinotta; and a presentation delivered at the Commercial Law Association Judges’ Series on 26 June 2015, Sydney: “Construction of contracts: The High Court’s approach” – by The Hon Justice Robert McDougall.