With millions of Australians participating in them, and with the associations themselves numbering in the hundreds of thousands, unincorporated associations truly are social entities. They variously include sports clubs, charities, cultural and arts and environmental organisations, and churches.[1] “The vast majority of Australians participate in unincorporated associations,” says Matthew Turnour in “Should Australians Have a ...more
Posted in Company and Securities Law Journal (C&SLJ), Journals, News & Insight, Uncategorized | Tagged Australian Charities and Not-for-profits Commission Act 2012 (Cth) s 205-5, Betrayal of Trust Report, Catholic Church, compensation, crimes, damages for sexual abuse, deceased priest, Ellis Case, Income Tax Assessment Act 1997 (Cth) s 960-100, institutional abuse, Matthew Turnour, national framework, personal liability, recognition of unincorporated associations as legal entities, religious governance structures, Revised Uniform Unincorporated Nonprofit Association Act, Royal Commission into Institutional Responses to Child Sexual Abuse, RUUNAA, statutory recognition, Trustees of The Roman Catholic Church v Ellis, unincorporated associations, victims of institutional abuse |
The latest Part of The Queensland Lawyer includes the following article: “Pleading guilty online in Queensland: Efficiency at the expense of justice” – Mikayla Brier-Mills; and the following sections: Administrative law: Uelese v Minister for Immigration and Border Protection [2015] HCA 15; Commercial law: A bank’s liability for the advice of its financial planner: Westpac Banking Corp v Jamieson [2015] QCA 50; (2015) 294 FLR 48; Conveyancing and Property law: Compensation or consideration for a statutory right of user?; Criminal law: Particulars in workplace health and safety prosecutions; and Alleging previous convictions in the magistrates court; Health and Guardianship law: Children, consent and the refusal of blood: A recent Queensland case; and Industrial law: Fighting at work – Disentitling and serious and wilful misconduct?. Also in this Part is a Report on FCA v Commissioner of Queensland Police Service (Family law and child welfare, Magistrates) and reviews of the following books: The Law of Misleading or Deceptive Conduct – Colin Lockhart; Native Title in Australia – Richard Barlett; Criminal Law in Queensland and Western Australia: Cases and Commentary – Eric Colvin, Justice John McKechnie and Jodie O’Leary; Law of Confidentiality – G E Dal Pont.
Posted in Queensland Lawyer, The (Qld Lawyer), Update Summaries | Tagged Andrew M West, bank's liability, Bill Lane, Book reviews, child welfare, compensation, criminal law, Criminal Law in Queensland and Western Australia: Cases and Commentary by Eric Colvin Justice John McKechnie and Jodie O’Leary, Dr Bill Dixon, Dr Kristy Richardson, Dr Malcolm Smith, Eleanor Dickens, FCA v Commissioner of Queensland Police Service, Federal Circuit Court Judge Michael Jarrett, financial planner, Health and Guardianship Law, Industrial Law, Law of Confidentiality by G E Dal Pont, magistrates court, Mikayla Brier-Mills, Native Title in Australia by Richard Barlett, Pleading Guilty Online (PGO), previous convictions, Qld Lawyer, refusal of blood, Reports, statutory right of user, The Law of Misleading or Deceptive Conduct by Colin Lockhart, Uelese v Minister for Immigration and Border Protection, Westpac Banking Corp v Jamieson, wilful misconduct, workplace health and safety |
The latest Part of The Queensland Lawyer includes the following article: “When can a tenancy be terminated under s 129 of the Property Law Act 1974 (Qld)?” – WD Duncan and the following sections: Commercial Law: “The effectiveness of a donee’s signature on a contract of guarantee under a power of attorney in binding the donor to the contract: Nielsen v Capital Finance Australia Ltd [2014] QCA 139” – Dr Clive Turner; Conveyancing and Property Law: “Compensation sought for an improper caveat” – Dr Bill Dixon; and “Black Diamond Group Pty Ltd v Manor of Maluka Pty Ltd [2014] QSC 219” – Adam Khan; Criminal Law: “Aboriginality and deprived backgrounds as factors in sentencing” – AM West; Health and Guardianship Law: “Guardianship and administration application in the matter of MDC [2014] QCAT 338” – Dr Malcolm Smith; Industrial Law: “Goldsborough v Bentley [2014] QSC 141: Direction of the coroner to answer a question relating to the decision not to prosecute” – Dr Kristy Richardson; Book reviews: “Australian Anti-discrimination Law” by Neil Rees, Simon Rice and Dominique Allan – reviewed by Frances Sanders; and “Social Work in the Shadow of Law” by Simon Rice and Andrew Day – reviewed by Jessica Dale; and a Report: Madsen v Pope (Procedure, Equity, Limitation of actions).
Posted in Queensland Lawyer, The (Qld Lawyer), Update Summaries | Tagged Adam Khan, AM West, breach of lease, Commerical Law, compensation, Conveyancing and Property Law, Dr Bill Dixon, Dr Clive Turner, Dr Kristy Richardson, Dr Malcolm Smith, factors in sentencing, Goldsborough v Bentley [2014] QSC 141, Health and Guardianship Law, improper caveat, Industrial Law, Judge Michael Shanahan, Madsen v Pope, Nielsen v Capital Finance Australia Ltd [2014] QCA 139, Property Law Act 1974 (Qld), Qld Lawyer, tenancy, WD Duncan |
The latest Part of the Australasian Dispute Resolution Journal includes the following articles: “Mediation developments in the Australia/Pacific region” – John A McGruther; “Resolving or escalating disputes? Experiences of the NSW Police Force complaints process” – Jane Goodman-Delahunty, Alan Beckley and Melissa Martin; “An introduction to the challenges and possibilities of faith-based arbitration in Australia” – Nadav Prawer, Nussen Ainsworth and John Zeleznikow; “ADR in legal education: Evaluating a teaching and learning innovation” – Judy Gutman, Silvia McCormack and Matthew Riddle; “Compensation through conciliation: Payments made through the Office of the Health Services Commissioner” – James Cameron and Grant Davies; and “Mandatory mediation: A positive development in most cases” – Krista Mahoney.
Posted in Australasian Dispute Resolution Journal (ADRJ), Update Summaries | Tagged ADR, ADRJ, Alan Beckley, Australia Pacific region, casenotes, compensation, complaints process, conciliation, David Spencer, faith-based arbitration, Grant Davies, James Cameron, Jane Goodman-Delahunty, John A McGruther, John Zeleznikow, Judy Gutman, Krista Mahoney, legal education, mandatory mediation, Matthew Riddle, mediation developments, Melissa Martin, Nadav Prawer, negligent solicitor, NSW Police Force, Nussen Ainsworth, Office of the Health Services Commissioner, Silvia McCormack |
The June 2013 issue of the Journal of Law and Medicine is the last Part for Volume 20 and is a Special Issue about law, policy and practice concerning stored embryos in assisted reproduction. The articles cover such topics as consent, information-giving and counselling concerning stored embryos, use of stored embryos after separation or death of a partner, the destruction of stored embryos and compensation for women who provide their eggs for research, the best interests of neonates, adult guardianship, and the right to life under the European Convention on Human Rights, plus much more!
Posted in Journal of Law and Medicine (JLM), Update Summaries | Tagged adult guardianship, Alexander Green, Anita Stuhmcke, assisted reproductive treatment, Ben White, best interests, Bioethical issues, book review, compensation, Complementary Health Issues, consent, death of a partner, dementia research, Dianne Nicol, Donald Chalmers, Eloise Chandler, embryo destruction, embryo donation, European Convention on Human Rights, Isabel Karpin, IVF treatment, Jenni Millbank, JLM, Jocelyn Downie, Joy Rathjen, legal governance, Legal issues, life-sustaining treatment, Lindy Willmott, Loane Skene, medical decision-making, medical issues, Medical law reporter, Mirko Bagaric, Neera Bhatia, neonates, Nursing issues, Peter Rathjen, regenerative medicine, Richard Polkinghorn, right ot life, sexual minorities, stem cells, stored embryos, The Hon Michael Kirby AC CMG |
The latest Part of the Public Law Review includes articles on a wide range of topics, including the loss or impairment of native title; s 6(2)(b) of the Charter of Human Rights and Responsibilities Act 2006 (Vic); what role international law should play in Australian constitutional interpretation; and the power of State parliaments to entrench legislation by enacting manner or form requirements. There are also two Comments, the first discussing executive power after Williams v Commonwealth and the second looks at the use of representative government to bypass representative government. There is also a Developments section.
Posted in Public Law Review (PLR), Update Summaries | Tagged Amanda Sapienza, Benjamin B Saunders, Brent Michael, chaplains, Charter of Human Rights and Responsibilities Act 2006 (Vic), Comments, compensation, constitutional interpretation, developments, executive power, form requirements, international law, Jeffrey Goldsworthy, manner requirements, native title, PLR, representative government, Sturt Glacken, Thomas Roszkowski, Timothy Lau |
This Part of JLM includes a wide range of articles and sections to choose from, for example the range includes misleading health service practitioner representations and health outcomes after whiplash, an argument that male circumcision does prevent HIV infection and ethical psychiatric research in Singapore, the legal status of the fetus in NSW and an argument for legalising voluntary physician- based euthanasia, legal capacity under the Convention on the Rights of Persons with Disabilities and open disclosure following medical error. Plus much, much more.
Posted in Journal of Law and Medicine (JLM), Update Summaries | Tagged A Pickering, Africa, Anita Smith, Benjamin Capps, Bernadette McSherry, Bioethical issues, book review, Brian J Morris, Catherine A Hankins, childhood obesity, compensation, consent, Danny Sullivan, David C Sokal, David S Rowell, disabilities, Dorte Gyrd-Hansen, Editorial, Edward C Green, Elise Jane Nolan, ethical research, euthanasia, fetus, Gurpreet Rekhi, health service practitioner, HIV, Ian Freckelton, influenze virus, J Pardey, Jake H Waskett, Janette Nankivell, Janice LeBel, Jeffrey Chan, Jeffrey D Klausner, JLM, Joya Banerjee, Julia Werren, K Erasmus, legal capacity, Legal issues, Louis H Pobereskin, Luke B Connelly, Lynne Webber, Malcolm Parker, male circumcision, medical error, medical issues, Medical law reporter, Michelle de Souza, misleading, Natalie M Spearing, Necef Yuksel, Nicole Jefferies, NSW, parental duties of care, preimplantation genetic diagnosis, restraints, Richard G Wamai, Robert C Bailey, Roy G Beran, Saxon Smith, seclusion, Singapore, Siow Ann Chong, Talat Uppal, Tamra Lysaght, Thomas Faunce, Tim Vines, Transport Act 1983 (Vic), United Kingdom, vaccination, vaccines, Vanessa Taylor, VCAT, whiplash |
The Winter 2012 edition of Workplace Review includes the following articles: “The industrial relations system is fundamentally flawed” – Frank Marks; “The ACTU’s insecure work campaign” – Natalie Rodwell and Neil Napper; “From ABCC to FWBC: Tides of change?” – Irina Kolodizner and Neil Napper; “Assessing compensation in adverse action cases” – Ian Latham and David Taylor; “Casual chat backfires on bank” – Craig Tanner; and “Keeping older workers on the dance floor and the benefits of SLOW ageing” – Kate Marie and Eva Migdal. Also included in this Part are a range of section notes, including an interview of Professor John Buchanan, Vales of The Hon Judith Cohen and Frank Walker QC, the Diary and much more.
Posted in Update Summaries, Workplace Review (WR) | Tagged ACTU, adverse action, Australian Building and Construction Commission, Azadeh Khalilizadeh, casual chat, compensation, Craig Tanner, David Taylor, employee, Eva Migdal, Fair Work Act 2009 (Cth), Fair Work Building and Construction, Federal Court, Focus on: SA, Frank Marks, Frank Walker QC, Ian Latham, industrial action, Industrial Relations, insecure work campaign, Interview, Irina Kolodizner, Jeff Phillips on the case, Jeffrey Phillips, Kate Marie, manager, Michael Roberts, Natalie Rodwell, Neil Napper, older workers, Rick Manuel, SLOW ageing, The Hon Judith Cohen, The Hon Michael Gallacher, The Last Word, Vale |
By Kristy Richardson and John Compton. This article examines s 281 of the Mineral Resources Act 1989 (Qld) and the way that section has been interpreted in the context of assessing compensation for landowners affected by the grant of a mining lease over their land.
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The Queensland Lawyer update: July 2015
The latest Part of The Queensland Lawyer includes the following article: “Pleading guilty online in Queensland: Efficiency at the expense of justice” – Mikayla Brier-Mills; and the following sections: Administrative law: Uelese v Minister for Immigration and Border Protection [2015] HCA 15; Commercial law: A bank’s liability for the advice of its financial planner: Westpac Banking Corp v Jamieson [2015] QCA 50; (2015) 294 FLR 48; Conveyancing and Property law: Compensation or consideration for a statutory right of user?; Criminal law: Particulars in workplace health and safety prosecutions; and Alleging previous convictions in the magistrates court; Health and Guardianship law: Children, consent and the refusal of blood: A recent Queensland case; and Industrial law: Fighting at work – Disentitling and serious and wilful misconduct?. Also in this Part is a Report on FCA v Commissioner of Queensland Police Service (Family law and child welfare, Magistrates) and reviews of the following books: The Law of Misleading or Deceptive Conduct – Colin Lockhart; Native Title in Australia – Richard Barlett; Criminal Law in Queensland and Western Australia: Cases and Commentary – Eric Colvin, Justice John McKechnie and Jodie O’Leary; Law of Confidentiality – G E Dal Pont.