duty of care
The latest Part of the Company and Securities Law Journal includes the following articles: “Directors of Insolvent Trustees and Trusts: Duties and Liabilities in Respect of Beneficiaries and Trust Creditors” – Nuncio D’Angelo; “Equity Crowdfunding in Australia: How Far Have We Come and Where to Next?” – Catie Moore; and “Articulating Care, Skill and Diligence Standards for Non-executive Directors” – Thea Voogt.
The latest Part of the Tort Law Review includes the following articles: “Genetic risks, disclosure and foreseeable harm: An unanswered question after ABC v St George’s Healthcare” – Michael Fay; “Contribution rights between tortfeasors – what is the ‘same damage’?” – Victoria Stace; and “The King can still do no wrong: A critical perspective on the Crown’s private law duty of care in Canada” – Jasmine van Schouwen.
The latest Part of the Tort Law Review includes the following articles: “Vulnerability, tort and economic loss: Protection via contract” – Meghan De Pinto-Smith; “The uncertain scope of malicious prosecution: Insights from Canada” – Michael Marin; and “The price of a four-legged friend: Non-economic damage award in Australian pet litigation” – Alexandra Whittaker and Megan Vine.
The last Part for 2013 of the Australian Business Law Review includes four interesting articles. The first article is by Richard Manly SC and discusses the High Court’s reconsideration of the penalty doctrine. The second article comes from Rosemary Teele Langford who looks at the distinction between the duty of care and the duties to act bona fide in the interests of the company and for proper purposes. The third article, by The Hon J D Heydon, sets out the background to litigation in the Federal Court of Australia in which penalties are sought for contravention of the Competition and Consumer Act 2010 (Cth). The final article is by Rasiah Gengatharen and examines the acquisition of pre-encumbered personal property in the ordinary course of the seller’s business.
The last Part of Volume 33 of The Queensland Lawyer includes an article by Andreas Schloenhardt and Eloise Gluer which explores and outlines the background, evolution, and rationale of the defence of provocation, analyses its application and elements, and discusses the pros and cons of retaining, reforming, or repealing ss 268-270 of the Criminal Code (Qld). Also in this Part are the following sections: Conveyancing and Property Law, Criminal Law, Health and Guardianship Law, Tort Law, Industrial Law, Book reviews and a Report.
The latest Part of The Queensland Lawyer includes the published version of a speech given by Justice Alan Wilson before the 7th Annual Government Lawyers’ Conference on 31 May 2013 on procedural fairness and modern tribunals. Also in this Part are several section notes, including Conveyancing and Property Law, Criminal Law, Health and Guardianship Law, Industrial Law, Tort Law, Book Reviews and a Report.
The latest Part of the Tort Law Review publishes three interesting articles on various aspects of tort law. The first article is by Sasha Baglay and looks at the theoretical and practical implications of recent Canadian jurisprudence on immigration-related torts. The second article comes from Alexandra Mogyoros and examines the distinction between direct and indirect acts in battery. The final article is by Jai Singh who argues that the tort defence of voluntary assumption of risk provides a simple and credible solution to the problem of vicarious immunity.
The latest Part of the Northern Territory Law Journal includes an article by George Williams AO which addresses the place of the Northern Territory under the Australian Constitution, and the status of Territorians as “secondclass citizens”.. This Part also includes an article by Patrick Bolton which considers the development and juridical basis of a doctor’s duty of care after Young v Central Australian Aboriginal Congress Inc and argues that its extension to preventable conditions is both contrary to principle and unachievable. There is also a “Current Issue” section looking at the content of double jeopardy in Crown appeals and a “Case notes” section.
The September issue of the Journal of Law and Medicine contains several interesting articles on a variety of topics within medical law. It includes articles on fetal alcohol spectrum disorder and a mother’s duty of care, regulation of nanomedical products in New Zealand, the regulation of pharmacy ownership in Australia and the ethical concerns related to young children being regenerative tissue donors. The Part also includes the regular sections, including Legal issues, Bioethical issues and Book reviews, plus much more.
By Kate Wellington. The question of whether a pregnant woman owes a universal duty of care to her unborn child is as yet unresolved in Australian law. This article examines the current law across a number of jurisdictions in order to propose the preferable approach to be adopted in Australia.