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Australian Law Journal update: Vol 92 Pt 6

By Journal Alerts on August 8, 2018

The latest Part of the Australian Law Journal contains the following articles: “Extending the Life of a Discretionary Trust” – Michael Flynn QC; “Unseen Networks: The Legal Professions’ Involvement in the Law Reform (Miscellaneous Provisions) Act 1944 (NSW)” – Mark Lunney; and “Can There Ever Be Affordable Family Law?” – Patrick Parkinson and Brian Knox. This Part also includes the following sections: Current Issues; Conveyancing and Property; Around the Nation: Tasmania; Around the Nation: Western Australia; Personalia; Recent Cases; Book Reviews; and Obituary.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged ALJ, ALRC Inquiry into Indigenous Incarceration Rates, Angelina Gomez, Arie Freiberg, Around the nation: Tasmania, Around the Nation: Western Australia, Book reviews, Brendan Edgeworth, Brian Knox, Commonwealth, Conveyancing and property, Current issues, Dr Geert Corstens, Emily Vale, extending discretionary trust, Fairfax Digital Australia and New Zealand Pty Ltd v Kazal [2018] NSWCA 77, family law and budget constraints, granny flats, Ian Jackman SC, interface between the Supreme Court and the Family Court, Justice Craig Colvin, Justice François Kunc, Justice Katrina Banks-Smith, Justice Kenneth Martin, Justice Peter McClellan AM, Justice Simon Steward, Justice Stephen Estcourt AM, Law Reform (Miscellaneous Provisions) Act 1944 (NSW), Lisa Butler Beatty, M Scott Donald, Mark Lunney, Michael Flynn QC, MWB Business Exchange Centres Ltd v Rock Advertising Ltd [2018] UKSC 24; [2018] 2 WLR 1603, New South Wales, Obituary, Parenting Management Hearings for self-represented litigants, Patrick Brazil AO KLJ, Patrick Parkinson, Personalia, Rayney v Western Australia (No 9) [2017] WASC 367, Recent cases, reform in elder law, Regulation in Australia, Robert Angyal SC, Rozenblit v Vainer [2018] HCA 23, Ruth CA Higgins SC, ss 111CA–111CY of the Family Law Act 1975 (Cth), statutory law reform of private law, The Evolving Role of Trust in Superannuation, The Varities of Restitution (2nd ed), Understanding the Rule of Law, Victorian Aboriginal Treaty Bill | Leave a response

Australian Law Journal update: Vol 92 Pt 5

By Journal Alerts on July 17, 2018

The latest Part of the Australian Law Journal contains the following articles: “Young’s ‘Fact finding made easy’ in Refugee Law: A Former Practitioner’s Perspective” – Douglas McDonald-Norman; “Hear No Evil, See No Evil, Speak No Evil … and, Read No Evil: Confiscation of Literary Proceeds under Australian Criminal Property Confiscation Legislation” – Dr Natalie Skead; and “Aggravating and Mitigating Factors in Sentencing: Comparing the Views of Judges and Jurors” – Kate Warner, Julia Davis, Arie Freiberg, Caroline Spiranovic and Helen Cockburn. This Part also includes the following sections: Current Issues; Conveyancing and Property; Around the Nation: Northern Territory; Personalia; Recent Cases; and Books.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged “Fact finding made easy” (2006) 80 ALJ 454, “Justice State of the Nation” Address, #MeToo, aggravating and mitigating factors in sentencing, ALJ, Angelina Gomez, Appointment of Queen's Counsel, Arie Freiberg, Around the Nation: Northern Territory, book review, Brendan Edgeworth, Can You See the Mountain? A Legal Journey with a Few Diversions, Caroline Spiranovic, Cheryle King, Commonwealth, Conveyancing and property, criminal property confiscation legislation, Current issues, Douglas McDonald-Norman, Dr Natalie Skead, Ellis v Pell, Emily Vale, Helen Cockburn, Hon Dean Mildren AM RFD QC, Julia Davis, Justice François Kunc, Justice Gregory Geason, Justice Kim Hargrave, Justice Michael Baumann AM, Justice Peter Davis, Justice Sarah Derrington, Justice Shan Tennent, Kate Warner, literary proceeds of crime, Personalia, Peter Heerey, Queensland, Recent cases, refugee status determination (RSD), Robert Angyal SC, Ruth CA Higgins SC, Solicitor-General Kristen Walker QC, Susan Milne, Tasmania, Victoria | Leave a response

Australian Law Journal update: Vol 92 Pt 4

By Journal Alerts on July 11, 2018

The latest Part of the Australian Law Journal contains the following articles: “What’s Equity got to do with the Environment?” – Justice Brian J Preston; “Regulating Humanitarian Assistance by Australian Charities: Legal Tools to Deter Funding of Terrorism Abroad” – Gregory Rose; and “The Liability Blind Spot: Civil Liability’s Blurred Vision of Conditionally Automated Vehicles” – Ella Pyman. This Part also includes the following sections: Current Issues; Conveyancing and Property; The Legal Observer; Family Law; From the Law Schools; Admiralty and Maritime; Recent Cases; Book Reviews; and Obituary.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged Admiralty and Maritime, ALJ, Angelina Gomez, Book reviews, Brendan Edgeworth, conditionally automated vehicles, Conveyancing and property, Current issues, Daphne Perry, Dr Damien J Cremean, driverless cars, elder abuse, Ella Pyman, equity and developing the environment, family law, From the law schools, Gregory Rose, Heather Roberts, intergenerational equity, interspecies equity, intragenerational equity, James Stellios (ed), Joseph Kimble, Justice Brian J Preston, Justice François Kunc, managing charitable funds disbursed overseas, Mark Adler, Michael Pelly, Nauru Supreme Court appeals, NFP and charities and terrorism funding, Professor Bob Baxt AO, Professor Michael Coper, Recent cases, regulation of humanitarian assistance, Richard Ingleby, Robert Angyal SC, Ruth C A Higgins SC, The Legal Observer, Vale Professor Bob Baxt, Wilfrid Prest (ed) | Leave a response

Australian Journal of Administrative Law update: Vol 24 Pt 4

By Journal Alerts on June 15, 2018

The latest Part of AJ Admin L includes the following articles: “Refugee Protection and State Security in Australia: Piecing Together Protective Regimes” – Peter Billings; “Characterising Migration Directions as Legislative Instruments: Implications for Judicial Review” – Christopher Chiam; and “Planning and Soft Law” – Greg Weeks and Linda Pearson. Also in this Part are the following sections: Current Issues; Casenotes; and Book Reviews.

Posted in Australian Journal of Administrative Law (AJ Admin L), Journals, Update Summaries | Tagged AJ Admin L, Book reviews, casenotes, characterisation of migration directions as legislative instruments, Christopher Chiam, Cowen and Zines’s Federal Jurisdiction in Australia, Current issues, Desiree Thistlewaite, Editorial, environmental planning and soft law, Gabrielle Appleby, Geoffrey Lindell, Greg Weeks, Janina Boughey, Joel Townsend, John Basten, Judicial Review of Administrative Action and Government Liability, Justin Davidson, Katie Miller, Khanh Hoang, legislative limitations on judicial review, Linda Pearson, Lisa Burton Crawford, Mark Aronson, Matthew Groves, Migration Act 1958 (Cth), Minister for Immigration & Border Protection v Le (2016) 244 FCR 56, Minister for Immigration & Border Protection v Tesic (2017) 251 FCR 23, Ministerial Advisers in Australia: The Modern Legal Context, Nathalie Ng, Peter Billings, principle of non-refoulement, Privacy Amendment (Notifiable Data Breaches) Act 2017 ((Cth)) (NDB Act), refugee protection and state security in Australia, refugee status determination, Section 499 of the Migration Act 1958 (Cth), Stephen Tully, the High Court in Graham, Yee-Fui Ng | Leave a response

Australian Law Journal update: Vol 92 Pt 3

By Journal Alerts on June 4, 2018

The latest Part of the Australian Law Journal contains the following articles: “A ‘Diminished Nation’? The Racial Discrimination Act 1975, The Native Title Act 1993 and Constitutional Recognition of Indigenous Australians” – Professor Jonathan Fulcher; “The Doctrine of Forbearance” – Jeremy Stoljar; and “The Duty to Mitigate: A Comparative Analysis between the English Common Law and the CISG” – Bruno Zeller. This Part also includes the following sections: Current Issues; Conveyancing and Property; Around the Nation: Victoria; Personalia; Recent Cases; and Books.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged Agricultural & Rural Finance Pty Ltd v Gardiner (2008) 238 CLR 570, ALJ, Almazeedi v Penner [2018] UKPC 3, Angelina A Gomez, Around the Nation: Victoria, books, Brendan Edgeworth, Bruno Zeller, Chief Justice Diana Bryant, common law doctrine of forbearance, Commonwealth, constitutional recognition of Indigenous Australians, Convention on the International Sale of Goods (CISG), Conveyancing and property, core business for the High Court, Current issues, differences between CISG and common law, e-conveyancing and contracts for sale of land and deeds, Emily Vale, Jeremy Stoljar, judicial conduct in Australia, Justice Clyde Croft, Justice François Kunc, Native Title Act 1993 (Cth), Personalia, power of sale, Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd (2018) 92 ALJR 248; [2018] HCA 4, Professor Jonathan Fulcher, Racial Discrimination Act 1975 (Cth), Recent cases, reducing criminal courts backlog, Robert Angyal SC, Ruth C A Higgins SC, strata schemes and short-term lettings, studying law, Thai Airways International Public Co Ltd v KI Holdings Co Ltd [2015] EWHC 1250 (Comm), the Minister vs the Courts; judicial conduct in the United States, vagueness resulting in substantive unfairness | Leave a response

Australian Law Journal update: Vol 92 Pt 2

By Journal Alerts on April 20, 2018

The latest Part of the Australian Law Journal contains the following articles: “Security for Costs in Unfunded Federal Class Actions: Back to the Future” – Vince Morabito and Naomi Hatcher; and “The Unresolved Problem of Expert Evidence” – Thomas Kearney. This Part also includes the following sections: Current Issues; Conveyancing and Property; Statutory Interpretation; The Legal Observer; Personalia; Family Law; and Recent Cases.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged ALJ, Australian Law Reform Commission, Brendan Edgeworth, Chief Justice Marilyn Warren, class actions without commercial litigation funders support, constructional choice, Conveyancing and property, costs of expert evidence, Current issues, Emily Vale, excessive costs and inappropriate correspondence, executive policies on entry of foreign nationals, expert evidence, Fair Work (Registered Organisations) Act 2009 (Cth), family law, Hate Speech Law reform, High Court Judge James Edelman, increasing the minimum age of criminal responsibility, Industrial Relations: Fair Work Act 2009 (Cth), institutional responses to child sexual abuse, Justice François Kunc, Justice John Byrne AO RFD, leases and certainty of duration requirement, McNab v Graham [2017] VSCA 352, Michael Pelly, migration: protection visas, Modern Slavery Law reform, Naomi Hatcher, new Commonwealth Attorney-General, OPCAT ratified, Personalia, potential for expert bias, Queensland, Recent cases, relief for proprietary estoppel, Richard Ingleby, Robert Angyal SC, Ruth C A Higgins SC, Statutory interpretation, The Hon John Basten, The Legal Observer, third party litigation funding in class actions, Thomas Kearney, Victoria, Vince Morabito | Leave a response

Australian Law Journal update: Vol 92 Pt 1

By Journal Alerts on March 8, 2018

The latest Part of the Australian Law Journal contains the following articles: “Creation of the Federal Court: A Reflection” – Hon Sir Gerard Brennan AC KBE GBS; “Characterisation: Its place in Contractual Analysis and Related Enquiries” – James Allsop; “Gender Equality among Barristers before the High Court” – Daniel Reynolds and George Williams. This Part also includes the following sections: Current Issues; Around the Nation: Victoria; Environmental Law; Equity and Trusts; Family Law; Recent Cases; Books Received and Book Reviews.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged "The Human Dimension to Bankruptcy" conference, ALJ, Allens Hub for Technology Law and Innovation, Anne Twomey, Barwick's bankruptcy, Brendan Edgeworth, Clare Langford, constitutional law, Conveyancing and property, Current issues, dissatisfaction with the Australian judicial system, Emily Vale, equity and trusts, ex parte candour, Family Law Act 1975 (Cth) Pt viiia, Hon Justice Andrew Greenwood, influence or unconscionable conduct, informal wills and testamentary competence, Justice François Kunc, Justice Mark Leeming, K M Hayne, Obituaries, practice and costs, pre-nuptial and post-nuptial agreements, Robert Angyal SC, Ruth C A Higgins, same-sex marriage law reform, solictors' liens and set-off, Test in R v Ghosh [1982] QB 1053, The Hon Anthony Whealy QC, The Honourable Rosemary Balmford AM, The Rt Hon Sir Ninian Martin Stephen PC KG AK GCMG CGVO KBE QC, Transparency International Australia and National Integrity Body, United Kingdom: Gambling Act 2005 (UK) s 42, voluntary assisted dying (Vic), Wilkie v Commonwealth and Re Canavan | Leave a response

Australian Law Journal update: Vol 91 Pt 12

By Journal Alerts on December 18, 2017

The latest Part of the Australian Law Journal includes the following articles: “Paciocco in the High Court: Penalties and Late Payment Fees” – J G H Stumbles; and “Australian Rules: A Survey of the High Court of Australia on Construction Law 1965-2016” – Professor John Sharkey AM. Also in this Part are the following sections: Current Issues; Letters to the Editor; Conveyancing and Property; Personalia: Commonwealth, New South Wales and Queensland; Admiralty and Maritime; and Recent Cases.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged 30 Years of the Judicial Commission of NSW, Aboriginal Languages Act 2017 (NSW), Administration Act 1903 (WA), Admiralty Act 1988 (Cth) s 6(b), Admiralty and Maritime, Airbnb short-term letting in strata schemes, ALJ, Brendan Edgeworth, Canada, Cavendish and ParkingEye litigation, Claimant Suing in Negligence as Result of Motor Vehicle Accident, Clare Langford, Commonwealth Constitution s 44(i), Commonwealth Government responds to the Referendum Council's Report, Commonwealth Redress Scheme for victims of institutional child sexual abuse, constitutional law, Construction Law 1965-2016, Conveyancing and property, Current issues, Dr Damien J Cremean, Dual Citizenship, IBA, J G H Stumbles, Justice David Graham Thomas, Justice François Kunc, Justice Guy Parker, Justice Helen Bowskill, late payment fees and penalties, new approach to statutory interpretation, Paciocco in High Court, parking and easements, parliamentary elections, Personalia, President Walter Sofronoff, Probate, Professor John Sharkey AM, Recent cases, recommended national standards for working with interpreters in courts and tribunals, Robert Angyal SC, Ruth C A Higgins SC, same-sex marriage law reform, What Constitutes Mental Injury, Where Referred Persons Elected to Commonwealth Parliament, Whether Wrongdoer Can Benefit Indirectly as a Result of Crime | Leave a response

Australian Law Journal update: Vol 91 Pt 10

By Journal Alerts on November 17, 2017

The latest Part of the Australian Law Journal includes the following articles: “Conscience, Fair-Dealing and Commerce: Parliaments and the Courts” – Chief Justice James Allsop AO; and “The Decline and Fall of Australia’s Law Reform Institutions – And the Prospects of Revival” – Hon Michael Kirby AC CMG. Also in this Part are the following sections: Current Issues; Conveyancing and Property; Around the Nation: Victoria; Competition and Consumer Law; Recent Cases; and Book Reviews.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged ALJ, Anderson v Anderson [2017] NSWCA 131, Angelina Gomez, Around the Nation: Victoria, Australian Marriage Law Postal Survey, Ben Kremer, Book reviews, Brendan Edgeworth, charitable status of professional regulation, Chief Justice James Allsop AO, competition and consumer law, Conveyancing and property, Current issues, Dr J M Bennett AM, estoppel, fair-dealing in commerce, Foreign Currency – Claims Judgment and Damages, Gabrielle Appleby, George Palmer QC, Gregory Tolhurst, Hon Michael Kirby AC CMG, J A Watson, John Basten, John Carter, John Kimbell, John Knott, joint tenancies, Justice Clyde Croft, Justice François Kunc, Keith Mason, law reform commissions, Mason & Carter’s Restitution Law in Australia, Michael Howard, Miller Heiman Pty Ltd v Sales Principles Pty Ltd [2017] NSWCA 106, modern slavery, moral obloquy and unconscionability, Music and the Law, native title, Northern Territory v Griffiths [2107] FCAFC 106, NSW Bar Association strategic plan, Nuncio D’Angelo, Paraskevy Kontoleon, Peter MacFarlane, Peter W Young AO QC, Priestley v Priestley [2017] NSWCA 155, Recent cases, Robert Angyal SC, Robert Baxt AO, Rosalind Dixon, Ruth C A Higgins, same-sex marriage law reform, Sir Frederick Darley: Sixth Chief Justice of New South Wales 1886-1910, statutory age for judicial retirement, The Critical Judgments Project – Re-reading Monis v The Queen, The Duty to Account – Development and Principles | Leave a response

Australian Journal of Administrative Law update: Vol 24 Pt 3

By Journal Alerts on October 27, 2017

This Part includes the following articles: “Beyond ‘Validity’ – The Effect of Legally Infirm Administrative and Judicial Decisions” – Benjamin Coles; “How to Remain Relevant and Privileged: s 38AA of the Administrative Appeals Tribunal Act 1975” – Kasper Maat, Dr Laura Hilly and Chelsea Brain; “Accountability: A Core Public Law Value?” – Ellen Rock. Also in this Part are the following sections: Current Issues; Casenotes: Privacy Commissioner v Telstra Corp Ltd (2017) 262 IR 230; [2017] FCAFC 4; and Book Reviews.

Posted in Australian Journal of Administrative Law (AJ Admin L), Journals, Update Summaries | Tagged accountability, AJ Admin L, automated debt notices, Benjamin Coles, Book reviews, case notes, Centrelink, Chelsea Brain, core public law values, Current issues, Dr Laura Hilly, Editorial, Ellen Rock, Fiona Roughley, Gabrielle Appleby, Greg Weeks, James Regan, Janina Boughey, Justin Davidson, Kasper Maat, Katie Miller, legally infirm administrative and judicial decisions, Matthew Groves, Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18, Nathalie Ng, Peter Sutherland, privacy, Privacy Commissioner v Telstra Corp Ltd (2017) 262 IR 230; [2017] FCAFC 4, relevance and privilege, Robin Creyke, s 38AA of the Administrative Appeals Tribunal Act 1975 (Cth), Stephen Tully, The Role of the Solicitor-General: Negotiating Law Politics and the Public Interest, validity, Veterans’ Entitlements and Military Compensation Law | Leave a response

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