Current issues

Australian Law Journal update: Vol 94 Pt 8

By Journal Alerts on September 17, 2020

The latest Part of the Australian Law Journal contains the following articles: “Sir Leo Finn Bernard Cussen: The Centenary of a High Court Tragedy – Part 2” – Paulina Fishman; “The Evolution from Strict Liability to Negligence: When And Why? – Part 1” – Anthony Gray; and “The Land and Environment Court of New South Wales: A Very Short History of an Environmental Court in Action” – Hon Justice Brian J Preston. This Part also includes the following sections: Current Issues; Admiralty and Maritime; Around the Nation: Western Australia; Class Actions; and Book Reviews.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged "act at peril" philosophy, 40 Years of the NSW Land and Environment Court, A Constitutional Centenary, administrative tribunal, Admiralty and Maritime, Admiralty Jurisdiction Reform in India, ALJ, Angelina Gomez, Another Perspective on Legal Life during the Pandemic, Anthony Gray, Around the Nation: Western Australia, articles, Book reviews, class actions, common law, Current issues, Dr Damien J Cremean, fault-based liability, Hon Justice Brian J Preston, Jeffrey Barnes, John Eldridge, Justice François Kunc, Justice Kenneth Martin, Justice Michael B J Lee, Keith Mason, liability lies where it falls, Limitations on the Scope of a Court's Power to Make Any Order it thinks appropriate under s 33ZF or s 183: The High Court's Decision in the Brewster and Lenthall Cases, Paulina Fishman, Pivoting in a Pandemic: A New Clerk’s Insights, Sexual Harassment and the Judiciary, Sir Frederick Jordan: Fire under the Frost, Sir Leo Finn Bernard Cussen: The Centenary of a High Court Tragedy – Part 2, Sir Owen Dixon's Legacy, specialist environmental court, strict liability, superior court of record, The Coherence of Statutory Interpretation, The Curated Page, The Evolution from Strict Liability to Negligence: When And Why? – Part 1, The Land and Environment Court of New South Wales: A Very Short History of an Environmental Court in Action, Timothy Pilkington, Tort Law, tort of private nuisance, tort of strict liability, Western Australia v Harvey [2019] WASC 261 | Leave a response

Australian Law Journal update: Vol 94 Pt 9

By Journal Alerts on September 17, 2020

The latest Part of the Australian Law Journal contains the following articles: “What Remains Of The Engineers Case? A Centenary Appraisal” – Nicholas Aroney; “The Evolution From Strict Liability To Negligence: Implications For The Tort Of Private Nuisance – Part 2” – Anthony Gray; and “Pandemic Justice – An Historical Perspective” – The Honourable Justice John Logan RFD. This Part also includes the following sections: Current Issues; Conveyancing and Property; Admiralty and Maritime; New Zealand; International Focus; and Personalia.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged 1919 Spanish influenza, A Letter to the Commonwealth Attorney-General, administration of justice in Australia during the COVID-19 global pandemic, Admiralty and Maritime, ALJ, Anthony Gray, articles, Associate Justice Julian Hetyey, balanced interpretive approach, Brendan Edgeworth, Civil Justice Reform in New Zealand, Conveyancing and property, Coronavirus, COVID-19, Current issues, Dr Damien J Cremean, Emily Vale, fault-based system of liability, Fraud the In Personam Exception and Enforcing the Undertakings of Predecessors, High Court decisions, International focus, International Inquiries and Fact-finding in International Law, Justice Frances Williams, Justice François Kunc, Justice Mark Livesey, Justice Matthew Palmer, Justice Peter Callaghan, New Zealand, Nicholas Aroney, O’Connor J, Pandemic Justice – An Historical Perspective, Personalia, Power Candour and Decency in the Law, Professor Stuart Kaye, Queensland, Reflecting on Recent Events, Robert Angyal SC, Ruby Princess, Salvage and Voluntariness, Senior Counsel Appointments, Some Rights and Liabilities of Co-owners, South Australia, strict liability, Tasmania, The Curated Page, The Evolution From Strict Liability To Negligence: Implications For The Tort Of Private Nuisance – Part 2, The Honourable Justice John Logan RFD, Thinking about Judicial Independence, tort of negligence, tort of private nuisance, Victoria, What Remains Of The Engineers Case? A Centenary Appraisal | Leave a response

Australian Law Journal update: Vol 94 Pt 7

By Journal Alerts on July 27, 2020

The latest Part of the Australian Law Journal contains the following articles: “Algorithmic Decision-Making and Legality: Public Law Dimensions” – Dr Will Bateman; “Sir Leo Finn Bernard Cussen: The Centenary of A High Court Tragedy – Part 1” – Paulina Fishman; and “Limitation and The Return of Trust Property” – Jonathon Moore QC. This Part also includes the following sections: Current Issues; Conveyancing and Property; Around the Nation: Western Australia; Technology and the Law; Personalia; Recent Cases; and Book Reviews.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged ALJ, Anna Collyer, Around the Nation: Western Australia, Brendan Edgeworth, Conveyancing and property, COVIDSafe – Legal Issues, Current issues, Emily Vale, If Only Caveats Could Speak, Jensen v Nationwide News Pty Ltd (No 13) [2019] WASC 451, Justice François Kunc, Justice Jacinta Forbes, Justice Kenneth Martin, Justice Richard Cavanagh, Justice Sandra Duggan, Justice Terence Sheahan AO, Life in the Law in the Time of COVID-19 – A View from the Middle, Lyria Bennett Moses, More Notes from a Time of Pandemic, New South Wales, Personalia, Recent cases, Robert Angyal SC, Ruth C A Higgins SC, Technology and the Law, The COVID-19 Pandemic and Courts as Essential Services, The Curated Page, Victoria | Leave a response

Australian Journal of Administrative Law update: Vol 27 Pt 2

By Journal Alerts on July 17, 2020

This Part includes the following articles: “Migrating towards a Principled Approach to Reviewing Jurisdictional Facts” – The Hon Justice R Derrington; “Materiality: Marking the Metes and Bounds of Jurisdictional Error?” – Harry Aniulis; and “A Question of Capacity: Does the AAT Have the Power to Appoint Litigation Guardians?” – Matthew Paterson. Also in this Part are the following sections: Editorial: “Immigration Litigation – Impact, Study and Reform”; Current Issues: “Finding Law in a Time of Emergency: COVID-19” – Katie Miller; and Book Review: “Military Law in Australia, by Robin Creyke, Dale Stephens and Peter Sutherland (eds)” – Reviewed by Matthew Groves.

Posted in Australian Journal of Administrative Law (AJ Admin L), Journals, Update Summaries | Tagged A Question of Capacity: Does the AAT Have the Power to Appoint Litigation Guardians?, Administrative Appeals Tribunal, AJ Admin L, articles, book review, Current issues, Dale Stephens, Dr Janina Boughey, Editorial, Finding Law in a Time of Emergency: COVID-19, Greg Weeks, Harry Aniulis, Hossain v Minister for Immigration and Border Protection, Immigration Litigation – Impact Study and Reform, Katie Miller, Kirk v Industrial Court (NSW), Klewer and National Disability Insurance Agency, Materiality: Marking the Metes and Bounds of Jurisdictional Error?, Matthew Groves, Matthew Paterson, mental and physical impairments, Migrating towards a Principled Approach to Reviewing Jurisdictional Facts, Military Law in Australia, Minister for Immigration and Border Protection v SZMTA, National Disability Insurance Scheme, Peter Sutherland, Robin Creyke, s 65 of the Migration Act 1958 (Cth), The Hon Justice R Derrington | Leave a response

Australian Law Journal update: Vol 94 Pt 6

By Journal Alerts on June 25, 2020

The latest Part of the Australian Law Journal contains the following articles: “Regulating Forensic Science And Medicine Evidence At Trial: It’s Time For A Wall, A Gate And Some Gatekeeping” – Gary Edmond; “Detouring “Business As Usual”: Alternative Pathways Through The Australian Legal System For Individuals And Communities Seeking Action On Climate Change” – Jordan Elliott and Amy Maguire; and “The First 24 Years Of The Victorian Court Of Appeal In Crime” – Gavin Silbert QC. This Part also includes the following sections: Current Issues; Corporations and Securities; Family Law; International Focus; and Books Received.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged admissibility standards, ALJ, Angelina A Gomez, articles, Beth Nosworthy, books received, Can a Family Court Judge Use the Associated Jurisdiction to Hear an Appeal against a Departure Prohibition Order?, community-driven climate action, Corporations and Securities, criminal jurisdiction, Current issues, Detouring "Business As Usual": Alternative Pathways Through The Australian Legal System For Individuals And Communities Seeking Action On Climate Change, emissions reduction efforts, Envisioning a Model for a Voice to the Parliament for Aboriginal and Torres Strait Islander Peoples, family law, forensic science and medicine evidence in Australian criminal proceedings, Gary Edmond, Gavin Silbert QC, human rights, International focus, Jordan Elliott and Amy Maguire, Justice François Kunc, land use and development in Australia, local level climate action, New Corporations and Securities Law Section Editor, Other Things Go On, Pell v The Queen, Port Access and Assistance to Cruise Ships during the COVID-19 Pandemic, Professor Stuart Kaye, Regulating Forensic Science And Medicine Evidence At Trial: It's Time For A Wall A Gate And Some Gatekeeping, Richard Ingleby, The Corporations Act and Climate Change – Appetite for Change?, The Curated Page, The First 24 Years Of The Victorian Court Of Appeal In Crime | Leave a response

Australian Law Journal update: Vol 94 Pt 5

By Journal Alerts on May 20, 2020

The latest Part of the Australian Law Journal contains the following articles: “Dixonian Legalism and its Adherents: Assessing the Place for Policy Choices under “Strict and Complete Legalism” in Theory and Practice” – Ned Hirst; “Discrimination Against Employees of Religious Schools in Australia, US and the EU – A Comparison in Light of Human Rights and Deliberative Democracy” – Robert Mężyk; and “Resolving Conflicts at the Interface of Public and Private Law” – Ellen Roc. This Part also includes the following sections: Current Issues; Conveyancing and Property; Environmental Law; International Focus; and Obituary: The Hon John Cain.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged 2018 Religious Freedom Review, ALJ, Amalgamated Society of Engineers v Adelaide Steamship Co Ltd, articles, Brendan Edgeworth, Commonwealth, Conveyancing and property, COVID-19 and the Legislative Drafters, Current issues, Discrimination Against Employees of Religious Schools in Australia US and the EU – A Comparison in Light of Human Rights and Deliberative Democracy, Dixonian Legalism and its Adherents: Assessing the Place for Policy Choices under "Strict and Complete Legalism" in Theory and Practice, Ellen Rock, environmental law, Gifts: Conditional or Not? – Flourentzou v Spink, International focus, Justice François Kunc, Justice Rachel Pepper, Law in the Time of Coronavirus, legislative specification of permissible discrimination grounds, literalist paradigm, Melbourne Corporation v Commonwealth, Ned Hirst, New South Wales, Northern Territory, Obituary, Owen Dixon, Professor Stuart Kaye, Queensland, Resolving Conflicts at the Interface of Public and Private Law, Robert Angyal SC, Robert Mężyk, significant environmental decisions of the Federal Court, South Australia, Tasmania, The Curated Page, The Hon John Cain, Vale Solatium?, Victoria, War Crimes in Afghanistan: Could Australian Soldiers Face Prosecution at the International Criminal Court?, Western Australia | Leave a response

Australian Law Journal update: Vol 94 Pt 4

By Journal Alerts on April 24, 2020

The latest Part of the Australian Law Journal contains the following articles: “The Law Of Sorcery In Madayin” – Dr Danial Kelly; “Strategies For Avoiding A Jurisdiction Clause In International Litigation” – James O’Hara; “The Qualification To The Birthright Doctrine And Beyond: The Judicial Attitude To Adapting The Common Law To Australian Conditions” – Dr Sonali Walpola. This Part also includes the following sections: Current Issues; Conveyancing and Property; Class Actions; Equity and Trusts; and Around the Nation: Tasmania.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged ALJ, Arnhem Land in the Northern Territory of Australia, Around the nation: Tasmania, articles, Brendan Edgeworth, class actions, colonial birthright, Conveyancing and property, Cryptoassets: Property or Not?, Current issues, dispute resolution venue, Dr Danial Kelly, Dr Sonali Walpola, equity and trusts, Introduction, James O’Hara, Justice François Kunc, Justice Mark Leeming, Justice Michael B J Lee, Justice Stephen Estcourt AM, Recent Developments in Security for Costs Applications in Class Actions, Robert Angyal SC, Six Differences between Trustees and Company Directors, Solar Panels and Restrictive Covenants, Strategies For Avoiding A Jurisdiction Clause In International Litigation, The Case for Principled and Practical Propensity Evidence Reform, The Curated Page, The Law Of Sorcery In Madayin, The Mason – Dixon Line, The Qualification To The Birthright Doctrine And Beyond: The Judicial Attitude To Adapting The Common Law To Australian Conditions | Leave a response

Australian Law Journal update: Vol 94 Pt 3

By Journal Alerts on March 30, 2020

The latest Part of the Australian Law Journal contains the following articles: “Equity and the Modern Forfeiture Rule” – Samantha Hepburn; “Shining a Light on the Dark Corners of Philanthropy: The Next Step in the ACNC Regulation Project” – Amanda R Lekamge; and “Climate Activism and the Extraordinary Emergency Defence” – Dr Nicole Rogers. This Part also includes the following sections: Current Issues; Letter to the Editor; Conveyancing and Property; Family Law; Class Actions; and Obituary.

Posted in Australian Law Journal, The (ALJ), Journals, Uncategorized, Update Summaries | Tagged ACNC regulation project, ALJ, Amanda R Lekamge, articles, Australian Charities and Not-for-profits Commission, Brendan Edgeworth, Case Management: Never Mind the Quality, charities in Australia, class actions, Climate Activism, Conveyancing and property, Current issues, Dark corners of philanthropy, Dr Nicole Rogers, Electronic Conveyancing in Australia: Recent Developments, Equity and the Modern Forfeiture Rule, Extraordinary Emergency Defence, family law, Feel the Width?, Flood and Fire and Famine, High Court Says CF-No. Sort of, Ivan Anthony Shearer, Justice François Kunc, Justice Michael B J Lee, letter to the editor, Obituary, Richard Ingleby, Robert Angyal SC, Samantha Hepburn | Leave a response

Australian Law Journal update: Vol 94 Pt 2

By Journal Alerts on March 20, 2020

The latest Part of the Australian Law Journal contains the following articles: “Mahla Pearlman Oration 2018: Advocacy Lawyering – Client Responsibility And Change Agendas” – The Hon Robert French AC; “Limitation Period For Breach By A Trustee Of The “Self-Dealing” And “Fair-Dealing” Rules” – Daniel Butler; and “Anti-Suit Injunctions In Aid Of Legal Or Equitable Rights” – Daniel Reynolds. This Part also includes the following sections: Current Issues; Conveyancing and Property; Competition and Consumer Law; Tehnology and the Law; Crime and Evidence; Recent Cases; and Book Reviews.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged Advocacy Lawyering, ALJ, Anna Collyer, Anti-Suit Injunctions In Aid Of Legal Or Equitable Rights, articles, Book reviews, Brendan Edgeworth, Client Responsibility And Change Agendas, competition and consumer law, Contractual Consistency is Key in Conveyancing, Conveyancing and property, Crime and Evidence, Current issues, Daniel Butler, Daniel Reynolds, Digital Platforms and Australian Law, Encounters with Constitutional Interpretation and Legal Education Essays in Honour of Michael Coper Editor James Stellios, EU Antitrust Policy Leads the Way on Digital Platforms, Indefeasibility for Registered Mortgages, James Stellios, John Kettle, Justice François Kunc, Justice Phillip Priest, Lawyers and the Black Box of Technology, Limitation Period For Breach By A Trustee Of The "Self-Dealing" And "Fair-Dealing" Rules, Lyria Bennett Moses, Mahla Pearlman Oration 2018, Michael Coper, Peter Devonshire, Playford Vineyard v Wishford Nominees, Recent cases, restitution, Robert Angyal SC, Rohan Havelock, Ruth C A Higgins SC, Technology and the Law, The Curated Page, The Future Is Here Today, The Hon Robert French AC, The Impact of Equity and Restitution on Commerce, Trial by Judge Alone: Time for a Rethink?, unjust enrichment, Where Land Owners and Builder Entered into Contract to Which Domestic Building Contracts Act 1995 (Vic) Applied, Whether Builder Entitled to Recover in Restitution as Alternative to Claim in Damages for Breach of Contract, Whether Contract Price Operated as Ceiling on Amount Recoverable by Way of Restitution, Work and Labour Done | Leave a response

Australian Law Journal update: Vol 94 Pt 1

By Journal Alerts on February 20, 2020

The latest Part of the Australian Law Journal contains the following articles: “An Australian International Commercial Court – Not A Bad Idea Or What A Bad Idea?” – The Hon Justice A S Bell; “Australia’s “Abhorrent Violent Material” Law: Shouting “Nerd Harder” And Drowning Out Speech” – Evelyn Douek; and “Rituals Of Engagement: What Happens To The Ring When An Engagement Is Called Off?” – James Duffy, Elizabeth Dickson and John O’Brien. This Part also includes the following sections: Current Issues; Family Law, International Focus, Around the Nation: Victoria; Book Review; and Obituary.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged "Should the Jury Decide?" – A Multi-disciplinary Summit, Adrienne Stone, ALJ, Angelina Gomez, Around the Nation: Victoria, Australian international commercial court, AVM Act, book review, Cheryl Saunders, Cohen v Sellar, Criminal Code Amendment (Sharing of Abhorrent Violent Material) Act 2019, Current issues, engagement ring, Enhancing the Contribution of Legal Academics to the Development of Australian Law, family law, financial agreement, Graham v Squibb, International focus, Justice Clyde Croft AM, Justice François Kunc, law, marriage, Modern Slavery Legislation in Australia, Obituary, Professor Stuart Kaye, Regional Convention on the Recognition of Higher Education Qualifications, regulation of leases, Richard Ingleby, Science and Medicine in Summit, The Curated Page, The Hon Jane Hamilton Mathews AO, The Hon Justice A S Bell, The Oxford Handbook of the Australian Constitution, The Year Ahead, Toh v Su, When An Engagement Is Called Off | Leave a response

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