Current issues

Australian Law Journal update: Vol 95 Pt 2

By Journal Alerts on February 17, 2021

The latest Part of the Australian Law Journal contains the following articles: “Reflections Upon Constitutional Interpretation And The “Aliens Power”: Love V Commonwealth” – Peter Gerangelos; “The Fluctuating Incidence Of The Burden Of Proof Under The Hague-Visby Rules: The Implications Of Volcafe Ltd V Compania Sud Americana De Vapores Sa [2019] Ac 358 For The Position In Australia” – Angus Stewart; and “Overruling Constitutional Precedent” – Joshua Thomson SC and Madeleine Durand. This Part also includes the following sections: Current Issues: “Afghanistan – Office of Special Investigator”; “Royal Commission into Police Informants”; “Press Freedom; National Security and the Law”; “The AG’s Gambit: National Defamation Reform Enters Its Middlegame”; and “The Curated Page”; Conveyancing and Property: “The Mortgagee’s Duty to Account – Rowe and Nom de Plume”; Around the Nation: Victoria: “COVID-19 and Emergency Regulations”; Admiralty and Maritime: “World in a Box: Impact of Containerisation on Shipping Transactions”; and Book Review: “The Washington Diaries of Owen Dixon, 1942–1944”, by Philip Ayres.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged Admiralty and Maritime, Afghanistan – Office of Special Investigator, ALJ, Angus Stewart, Around the Nation: Victoria, book review, Brendan Edgeworth, circumstances in which a constitutional precedent decided by the High Court of Australia may be overturned, Conveyancing and property, COVID-19 and Emergency Regulations, Current issues, Dr Damien J Cremean, extent of Commonwealth legislative power in s 51(xix) of the Constitution, High Court of Australia in Great China Metal Industries Co Ltd v Malaysian International Shipping Corporation Berhad (1998) 196 CLR 161, House of Lords in Albacora SRL v Westcott & Laurence Line Ltd [1966] 2 Lloyd’s Rep 53; 1966 SC (HL) 19, Joshua Thomson SC, Justice François Kunc, liability of carriers of cargo by sea for loss of or damage to cargo, Madeleine Durand, majority and dissenting reasoning, National Security and the Law, obligations on the carrier to make the ship seaworthy and care for the cargo (Art III rr 1 and 2), Overruling Constitutional Precedent, Peter Gerangelos, Press Freedom, provisions except the carrier from responsibility for loss or damage (Art IV r 2), Reflections Upon Constitutional Interpretation And The "Aliens Power": Love V Commonwealth, Robert Angyal SC, Royal Commission into Police Informants, The AG's Gambit: National Defamation Reform Enters Its Middlegame, The Curated Page, The Fluctuating Incidence Of The Burden Of Proof Under The Hague-Visby Rules: The Implications Of Volcafe Ltd V Compania Sud Americana De Vapores Sa [2019] Ac 358 For The Position In Australia, The Hon Dr Clyde Croft AM SC, The Mortgagee's Duty to Account – Rowe and Nom de Plume, World in a Box: Impact of Containerisation on Shipping Transactions | Leave a response

Australian Law Journal update: Vol 95 Pt 1

By Journal Alerts on January 29, 2021

The latest Part of the Australian Law Journal contains the following articles: “Three Key Issues Arising Out Of The Engineers Case: A Reply” – Nicholas Aroney; “Unexplained Wealth Orders In Australia Limits To Transparency And Responsibility For Other People’s Wealth” – Paul Latimer; “Climate Conscious Lawyering” – Hon Justice Brian J Preston SC; and “Adoption In Australia: Past, Present And Considerations For The Future” – Amy Conley Wright, Betty Luu and Judith Cashmore. This Part also includes the following sections: Current Issues; Admiralty and Maritime; and Equity and Trusts.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged "Stolen Generations", abolition of the privilege against self-incrimination, Admiralty and Maritime, Adoption In Australia: Past Present And Considerations For The Future, adoption of Indigenous children, adoption versus alternative legal orders, ALJ, Amy Conley Wright, And What Is New for 2021?, articles, Betty Luu, children in out-of-home care, civil liberties, climate change, climate conscious approach in daily legal practice, Climate Conscious Lawyering, constitutional law, Current issues, Dr Brendan Lim, Dr Damien J Cremean, equity and trusts, ethics of dispensing with birth parents' consent, extent of Commonwealth legislative powers, forced and closed adoptions, Hon Justice Brian J Preston SC, immunity of States from Commonwealth interference, Injunctions in Criminal Law, Judith Cashmore, Justice François Kunc, Justice Mark Leeming, legal permanency, legal representation, legislative powers of the States, methods of constitutional interpretation, miscarriage of justice, Nicholas Aroney, Novel Remedies for Dissipation Absent Notional Estate, Nuclear Weapons, Paul Latimer, policy and legislative reforms to out-of-home care, principle of legality, procedural fairness, Professor Ros Dixon, Professor Sarah Murray, retrospectivity, reverse burden of proof, right to appeal, rights of innocent third parties, role and duties of a lawyer, Ship Construction Claims in Admiralty, Sir Anthony Mason, systematic removal of Indigenous children, The Curated Page, The Year Ahead, Three Key Issues Arising Out Of The Engineers Case: A Reply, Unexplained Wealth Orders In Australia Limits To Transparency And Responsibility For Other People's Wealth | Leave a response

Australian Law Journal update: Vol 94 Pt 12

By Journal Alerts on December 29, 2020

The latest Part of the Australian Law Journal contains the following articles: “Responsible Jurimetrics: A Reply To Silbert’s Critique Of The Victorian Court Of Appeal” – Brian Opeskin and Gabrielle Appleby; “Directors’ Duties In A Post-Hayne World: “The Company” As More Than The Sum Of Its Shareholders” – Philip Sales; “Some Reservations About The Use Of Artificial Intelligence In Sentencing Decisions” – Adrian Staples; and “100 Years Of Speaking: Gender Equality Among Barristers Before The High Court” – Winsome Hall and George Williams. This Part also includes the following sections: Current Issues; Letter to the Editor; Conveyancing and Property; Around the Nation: Northern Territory; Class Actions; Recent Cases; and Book Review.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged 100 Years Of Speaking: Gender Equality Among Barristers Before The High Court, 130 Years of Sydney University Law School, A History of Criminal Law in New South Wales Volume 2: The New State 1901–1955, Adrian Staples, Adverse Possession – Alive and Well in Sydney, ALJ, Angelina Gomez, Appellant Sentenced to Imprisonment Served by Periodic Detention, Appellant Unlawfully Imprisoned for 82 Days Following Sentence, Around the Nation: Northern Territory, articles, artificial intelligence assisting judges with sentence determination, AustLII Turns 25, book review, Brendan Edgeworth, Brian Opeskin, civil society, class actions, Compensatory Principle and Counterfactual Analysis, Contingency Fees (Group Costs Orders) in Victoria after BMW Australia Ltd v Brewster, Conveyancing and property, Court's performance, criminal decisions of the Victorian Court of Appeal (VCA), current Australian sentencing practises, Current issues, Directors' Duties In A Post-Hayne World: "The Company" As More Than The Sum Of Its Shareholders, Do We Need a Parliament?, false imprisonment, Farewell RBG and Welcome ACB, female barristers, Gabrielle Appleby, GD Woods, George Williams, Hon Dean Mildren AM RFD QC, how decision-making by companies can be incentivised, imposition of duties on company directors, Jesse Cumberland's High Court Case "Zooms-in" on Procedural Fairness and Residual Discretion, Justice François Kunc, Justice Michael B J Lee, letter to the editor, managing tensions between shareholder interests and those of creditors employees consumers and the environment, participation of women as advocates before the High Court of Australia, Philip Sales, Recent cases, regulation, Responsible Jurimetrics: A Reply To Silbert's Critique Of The Victorian Court Of Appeal, Robert Angyal SC, role of intermediate courts of appeal, Ruth C A Higgins SC, setting the environment for commercial activity, Snapshot of Chinese Land Law: Real Rights Transfer and In/defeasible Title, Some Reservations About The Use Of Artificial Intelligence In Sentencing Decisions, taxation, That Was the Year That Was, The Curated Page, The Final Obsequies for the Bell Litigation, The Launch of the Digital Law Association, Two New High Court Appointments, Where Appellant's Imprisonment Would Otherwise Have Lawfully Occurred, Whether Appellant Entitled to Substantial Compensatory or Vindicatory Damages, Whether Award of Only Nominal Damages Appropriate, Winsome Hall | Leave a response

Australian Journal of Administrative Law update: Vol 27 Pt 4

By Journal Alerts on December 29, 2020

This Part includes the following articles: “Executive Detention in the Time of a Pandemic” – Anthony Gray; and “Deference as Non-jurisdictional Error” – Charlie Rotondo. Also in this Part are the following sections: Editorial: “Ministerial Adherence to the Law”; Casenote: “Northern Land Council v Quall [2020] HCA 33”; Current Issues: “Amenability of the Executive Power to Pardon to Judicial Review: Holzinger v Attorney-General (Qld) and Attorney-General (Cth) v Ogawa” – Samuel Walpole, Aaron Moss and William Isdale; and Book Review: “The Anatomy of Administrative Law”, by Joanna Bell – Reviewed by Mark Aronson.

Posted in Australian Journal of Administrative Law (AJ Admin L), Journals, Update Summaries | Tagged Aaron Moss, AJ Admin L, Amenability of the Executive Power to Pardon to Judicial Review: Holzinger v Attorney-General (Qld) and Attorney-General (Cth) v Ogawa, Anthony Gray, articles, book review, breach of lockdown measures, Casenote, Charlie Rotondo, City of Enfield v Development Assessment Commission, COVID-19 pandemic, Current issues, Deference as Non-jurisdictional Error, distinction between jurisdictional and non-jurisdictional errors of law, doctrine of deference, Dr Janina Boughey, Editorial, Executive Detention in the Time of a Pandemic, Greg Weeks, Joanna Bell, judicial review doctrine, legality of proposed detention, Mark Aronson, Matthew Groves, Ministerial Adherence to the Law, Nathalie Ng, Northern Land Council v Quall [2020] HCA 33, protection of the validity of an administrative decision, Samuel Walpole, separation of powers, The Anatomy of Administrative Law, William Isdale | Leave a response

Australian Law Journal update: Vol 94 Pt 11

By Journal Alerts on November 13, 2020

The latest Part of the Australian Law Journal contains the following articles: “Engineers: One Hundred Years Old And Still Going Strong: A Commentary” – The Hon Sir Anthony Mason AC KBE GBM QC; “The Continued Legacy Of The Engineers Case: A Dynamic Approach To Federal Power” – Rosalind Dixon and Brendan Lim; “”Wait[ing] For The Heavens To Fall”: The Engineers Case And Intergovernmental Immunity” – Sarah Murray; “Money Had And Received – And Retained? The Role Of Retention At Notice For Personal Common Law Liability” – Eleanor Makeig; and “Justifying Trade Restrictions Under s 92 Of The Australian Constitution: A Comparative Law-Based Proposal For A Coherent Doctrine” – Csongor István Nagy. This Part also includes the following sections: Current Issues; Around the Nation: Northern Territory; Family Law; Class Actions; Statutory Interpretation; and Technology and the Law.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged "Wait[ing] For The Heavens To Fall": The Engineers Case And Intergovernmental Immunity, Accountability in the Age of Artificial Intelligence: A Right to Reasons, ALJ, Appointment of Sonia Brownhill SC as a Judge of the Supreme Court, Around the Nation: Northern Territory, articles, Australian constitutional law, Black v Freedman, Brendan Lim, class actions, common law claim and equitable personal liability, Commonwealth powers, comparative analysis of federal markets, Constitution and British principles, Csongor István Nagy, Current issues, Does a Family Court Judge Have Power to Refer Financial Proceedings to Mediation?, Eleanor Makeig, electronic filing, Engineers: One Hundred Years Old And Still Going Strong: A Commentary, family law, Hon Dean Mildren AM RFD QC, Impact of COVID-19 on Academia, Justice François Kunc, Justice Michael B J Lee, Justifying Trade Restrictions Under s 92 Of The Australian Constitution: A Comparative Law-Based Proposal For A Coherent Doctrine, Lyria Bennett Moses and Anna Collyer, Money Had And Received – And Retained? The Role Of Retention At Notice For Personal Common Law Liability, New Assistant Editor, Online Publications, Pedantic Points, Professor Nicholas Aroney, public interest analysis under s 92, Restoration of Jury Trials, Richard Ingleby, Rosalind Dixon, Sarah Murray, State intergovernmental immunities, Statutory interpretation, Statutory Interpretation and Dictionaries, Technology and the Law, The Continued Legacy Of The Engineers Case: A Dynamic Approach To Federal Power, The Curated Page, The Hon John Basten, The Hon Sir Anthony Mason AC KBE GBM QC, The View from the Academy, volunteer's primary liability under the common law claim for money had and received, When Does a Person Have a "Claim" under s 33c of the Federal Court of Australia Act? | Leave a response

Australian Law Journal update: Vol 94 Pt 10

By Journal Alerts on October 6, 2020

The latest Part of the Australian Law Journal contains the following articles: “”Personal Information” And Group Data Under The Privacy Act 1988 (Cth)” – Mark J Taylor; “Consumer Privacy And Consent: Reform In The Light Of Contract And Consumer Protection Law” – Damian Clifford and Jeannie Paterson; “Liability Of Platforms Under Australian Privacy Law” – David Lindsay; “Another Push For An Australian Privacy Tort: Context, Evaluation And Prospects” – Normann Witzleb; “The Confidentiality Of Journalists’ Sources In Police Investigations: Privacy, Privilege And The Freedom Of Political Communication” – Rebecca Ananian-Welsh and Joseph Orange; and “Privacy Class Actions” – Michael Rivette. This Part also includes Current Issues.

Posted in Australian Law Journal, The (ALJ), Journals, Uncategorized, Update Summaries | Tagged "Personal Information" And Group Data Under The Privacy Act 1988 (Cth), ACCC reform, ALJ, Another Push For An Australian Privacy Tort: Context Evaluation And Prospects, articles, Australian Competition and Consumer Commission's report on Digital Platforms, Australian Consumer Law strengthening the protection for consumers, concerns about the collection and use of consumer data, consent-based mechanisms, consumer privacy, Consumer Privacy And Consent: Reform In The Light Of Contract And Consumer Protection Law, Current issues, Damian Clifford, data governance, data relating to multiple persons (group data), David Lindsay, Digital Platforms Inquiry report, enforcement of privacy rights, ensuring consumer consent, Evans v Health Administration Corporation, information that relates to identified or identifiable persons, Jeannie Paterson, Justice François Kunc, liability of platform operators under the Privacy Act 1988 (Cth) and the action for breach of confidence, Liability Of Platforms Under Australian Privacy Law, Mark J Taylor, Michael Rivette, Normann Witzleb, pleading of existing and emerging causes of action, Privacy and the Law, Privacy and the Law - Introduction by guest editor of this issue Professor Megan Richardson, Privacy Class Actions, privacy threats posed by platforms, protecting press freedom and law enforcement, protection from potentially harmful uses of group data in a modern information economy, remedy for breach, response to mass privacy breaches, statutory privacy tort, The Curated Page, trade-off between individual and public interests | Leave a response

Australian Journal of Administrative Law update: Vol 27 Pt 3

By Journal Alerts on September 30, 2020

This Part includes the following articles: “Vexatious Applicant, Vexatious Application or Something Else? Dealing with Difficult Applicants under Freedom of Information Laws in Australia” – Mick Batskos; “The Value of Adjudicative Independence: Overlapping Conceptions of Administrative Justice in the Administrative Appeals Tribunal’s Review of Visa Cancellations” – Dr Chantal Bostock; and “The Blue Sky Effect: A Repatriation of Judicial Review or a Search for Flexibility?” – Simon Young. Also in this Part are the following sections: Editorial: “Soft Law and Liability in Tort”; Current Issues: “Letters to the Queen”; and Book Reviews: “More Essential (for Lawyers) Than Toilet Paper”, by Janina Boughey, Ellen Rock and Greg Weeks – Reviewed by Bruce Dyer; and “Interpreting Executive Power”, edited by Janina Boughey and Lisa Burton Crawford – Reviewed by Dr Maria O’Sullivan.

Posted in Australian Journal of Administrative Law (AJ Admin L), Journals, Update Summaries | Tagged "materiality" overlay in jurisdictional error doctrine, AJ Admin L, articles, Book reviews, Bruce Dyer, bureaucratic rationality and legality, calibration of principle to statutory context, calibration to consequence, Current issues, Dr Chantal Bostock, Dr Maria O'Sullivan, Editorial, Ellen Rock, freedom of information (FOI) laws, Greg Weeks, independent merits review, Interpreting Executive Power, Janina Boughey, Justin Davidson, Letters to the Queen, Lisa Burton Crawford, Matthew Groves, maximising disclosure and maintaining government efficiency, Mick Batskos, misusing FOI laws, models of administrative justice, More Essential (for Lawyers) Than Toilet Paper, oppressive or disruptive behaviours, Project Blue Sky Inc v Australian Broadcasting Authority, Simon Young, Soft Law and Liability in Tort, standards of administrative legality, The Blue Sky Effect: A Repatriation of Judicial Review or a Search for Flexibility?, The Value of Adjudicative Independence: Overlapping Conceptions of Administrative Justice in the Administrative Appeals Tribunal's Review of Visa Cancellations, Tribunal decision-making, two-stage search for flexibility in judicial review principles, vexatious applicant provisions, Vexatious Applicant Vexatious Application or Something Else? Dealing with Difficult Applicants under Freedom of Information Laws in Australia, vexatious application provisions, visa cancellation system | Leave a response

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

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Current issues

Australian Law Journal update: Vol 95 Pt 2

Australian Law Journal update: Vol 94 Pt 12

Australian Journal of Administrative Law update: Vol 27 Pt 4

Australian Law Journal update: Vol 94 Pt 11

Australian Journal of Administrative Law update: Vol 27 Pt 3

Australian Law Journal update: Vol 94 Pt 8

Australian Law Journal update: Vol 94 Pt 9

Australian Law Journal update: Vol 94 Pt 7

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