The latest Part of the Australian Intellectual Property Journal includes the following content: “To Boldly Reform IP Dispute Resolution: Experience in the IP Enterprise Court” – The Hon Mr Justice Birss; “Cantarella Bros Pty Ltd v Modena Trading Pty Ltd: A Step in the Wrong Direction for Trade Mark Registration in Australia” – Alexander Thomas; “Pay or Else: How Protected are Australian Internet Account Holders from Speculative Invoicing after Dallas Buyers Club?” – Joshua Yuvaraj.
The latest Part of the Company and Securities Law Journal includes the following articles: “Significant judicial guidance on the application of the continuous disclosure obligations” – Danielle McFarlane; “Delegation and reliance by Australian company directors” – Angela Gibbs and Jon Webster; “Insider trading, general deterrence and the penalties for corporate crime” – Juliette Overland; and the following sections: Overseas Note: Hong Kong, Singapore and Malaysia: “Confucianism and its theoretical application to the corporate world in China” – Charles KN Lam and Say Goo; and Takeovers and Public Securities: “Takeover dispute resolution in Australia and the United States – Takeovers panel or courts?” – Ian Ramsay.
The latest Part of the Family Law Review includes the following articles: “Appropriate dispute resolution in cases of family violence and the collaborative practice model” – Katrina Markwick; and “Collaborative practice in family law matters with coercive control-type family violence: Preliminary thoughts from the practitioner coalface” – Patricia Easteal, Jessica Herbert and Jessica Kennedy. There is also a Professional Insights sections: “Family dispute resolution: 12 steps for practitioners to minimise the risk of complaints” – Mieke Brandon; and a Recent Cases section including notes on the following cases: Everett v Everett; Thomas v Franklin; Adamson v Adamson; and Delamarre v Asprey.
The last Part for Volume 19 of the Local Government Law Journal publishes an article by Hanna Jaireth and Madeleine Figg which sketches the context for the enactment of the EPBC Act and explains that intergovernmental arrangements have been contentious since its passage, outlining the nature and purpose of bilateral assessment and approval agreements, stakeholders’ responses to the Australian Government’s One-Stop-Shop policy, and recent reviews of the Act. Also in this Part is a Digest of Cases and a Local Government and Planning Law Guide Cases section.
The latest Part of the Building and Construction Law Journal includes the following articles: “Expert determination: Misconception and misapplication” – AA de Fina; and “An unacceptable wait for acceptance” – Paulina Fishman; and Reports for the following cases: PPK Willoughby v Eighty Eight Construction; Mahony v Queensland Building Services Authority; Valorne Pty Ltd v Building Appeals Board; and Kellett Street Partners Pty Ltd v Pacific Rim Trading Co Pty Ltd.
The Australasian Dispute Resolution Journal (ADRJ) starting publishing in February 1990, and this year has reached its 25th volume. The first ever issue opened with a foreword by the Honourable Sir Laurence Street, who noted: Alternative Dispute Resolution procedures … fill a legitimate place in society’s armoury for the resolution of disputes. They are being ...more
The latest Part of the Environmental and Planning Law Journal publishes the following articles: “Regulating for sustainable electricity market outcomes in Britain: Asking the law question” – Aileen McHarg; “The role of litigation in multilevel climate change governance: Possibilities for a lower carbon future?” – Hari M Osofsky and Jacqueline Peel; “Environmental dispute resolution – lessons from the States” – Judge Michael Rackemann; “Design elements of emissions trading regulation in China’s pilot programs: Regulatory challenges and prospects” – Hao Zhang; and “Trading carbon the kiwi way” – Karen Price and Jessie Duffın.
The latest Part of the Australian Business Law Review publishes the following articles: “A step too far in consumer credit protection: Are external dispute resolution schemes wielding the sword of Damocles?” – Franci Cantatore and Brenda Marshall; “Advertising by professions and the Competition and Consumer Act 2010 (Cth)” – Anthony Gray; “Do deep pockets have a place in competition analysis?” – Rhonda L Smith and David K Round; and “How likely is “likely”? Metcash, counterfactuals and proof under s 50” – Daniel McCracken-Hewson. There is also a Consumer Dealings section and a Franchising section.
The latest Part of the Journal of Civil Litigation and Practice publishes the following articles: “Federal court practice and changes in discovery” – Hon Justice Bruce Lander; “Judiciary Act 1903 (Cth), s 79 – State law in federal jurisdiction” – Judge DJ McGill SC; “On proprietary trespass: The availability and application of hypothetical bargain damages” – Brian Mason; “Proportionality: A cultural revolution” – Trevor CW Farrow; and “The Czech Arbitration Court: Online forms of dispute resolution” – Tereza Bartoskova. There is also a Comments section discussing indefeasibility of title, private nuisance and unincorporated associations. Finally there is a review of Class Actions in Australia by Damian Grave, Ken Adams and Jason Betts. Not to be missed!
The first Part of Volume 22 of the Journal of Judicial Administration includes three articles on a range of issues. The first article comes from Binh Tran-Nam and Michael Walpole and examines how costs to taxpayers influence tax dispute resolution routes in the Australian context. The second article, by Dr Pamela D Schulz, discusses the influence and scope of social media and the theoretical impact on the integrity and independence of courts and the judiciary. The final article is by Anthony Gray and Gerard Elmore and reflects upon the constitutionality of the increasing use by the legislature of minimum mandatory sentencing regimes.