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.
[Editor’s Note: Since publication of this article, the Corporations Amendment (Crowd-sourced Funding) Act 2017 (Cth) has been given Crown assent, making it Commonwealth Act No 17 of 2017.] 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 ...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.