The latest Part of the Australian Business Law Review includes the following articles: “An Impending ‘Avalanche’: Debt Collection and Consumer Harm After COVID-19” – Lucinda O’Brien, Vivien Chen, Ian Ramsay and Paul Ali; and “A New Worker Category under the Personal Service Income Regime in Australia” – Christina Allen. Also in this Part are the following sections: Editorial – Michael Terceiro; Commercial Litigation: “Federal Court Opens Door to Pre-trial Oral Discovery in Australia” – Michael Legg; New Zealand Newsletter: “Reckless Trading Makes Its DEBUT in the New Zealand Supreme Court” – Matthew Berkahn and Lindsay Trotman; and Competition Law and Market Regulation: “Merger Movements: International Co-ordination of Merger Clearance Policy” – Rob Nicholls.
The latest Part of the Building and Construction Law Journal includes the following articles: “Raising Consumer Confidence in Residential Apartment Buildings – The New South Wales Pillar 1 Reforms” – Laina Chan; and “Design and Building Practitioners Act 2020 (NSW)” – Hon Robert McDougall QC. Also in this Part are the following sections: Editorial: “Protecting the Public from Unsafe or Otherwise Defective Residential Buildings – Recent Reforms”; and Reports on the following cases: Tianqi Lithium Kwinana Pty Ltd v MSP Engineering Pty Ltd (No 2); Mistrina Pty Ltd v Australian Consulting Engineers Pty Ltd; Civil Contractors (Aust) Pty Ltd v Galaxy Developments Pty Ltd; and MTR Corporation (Sydney) NRT Pty Ltd v Thales Australia Ltd.
The latest Part of the Company and Securities Law Journal includes an Editorial as well as the following articles: “The Future of Clearing and Settlement in Australia: Part I – The Current System” – Christian Chamorro-Courtland; “A Civil Law Solution to the Social Licence to Operate and Directors’ Duties Conundrum in Australia” – Julia Dreosti, Bimaya De Silva and Katie Walsh; and “Is There Underenforcement of Corporate Criminal Law? An Analysis of Prosecutions under the ASIC Act and Corporations Act: 2009–2018” – George Gilligan and Ian Ramsay.
The latest Part of the Insolvency Law Journal includes the following article: “Receivership: A New Direction” – Myles Bayliss. Also in this Part are the following sections: Editorial – Dr David Morrison; Recent Developments: “Back to Basics – s 588FA, Corporations Act: Is a Diminution of a Company’s Assets a Pre-condition to the Existence of a Preference? The Mischief of the ‘Doctrine of Ultimate Effect’ Exposed” – Dr Garry J Hamilton; “CATSI Act Insolvency Reform” – Mary Wyburn; and “Likelihood of Insolvency and the Duties of Directors in the European Directive on Restructuring and Insolvency” – Sérgio Coimbra Henriques; and New Zealand Report: “The New Zealand Court of Appeal’s Take on Insolvent Trading: Yan v Mainzeal Property and Construction Ltd (in liq)”.
The latest Part of the Australasian Dispute Resolution Journal includes the following articles: “Mediation and Negotiation in Legal Disputes” – Michael McHugh AC QC; “Mediating Workplace Bullying: A Reflective Case Study” – Elizabeth Spencer; “The Emotional Advantage: How Dispute Resolution Practitioners Can Embrace the Transformative Capacity of Emotion and De-escalate Conflict” – Sophie Whittaker; “Mediation for Tackling Nigerian Medical Disputes: A Mutually Beneficial Option?” – Adesina Temitayo Bello and Adetoun Onibokun; “Carve Outs in Arbitration Agreements: Tianqi Lithium Kwinana Pty Ltd v MSP Engineering Pty Ltd [No 2]” – Thomas Camp; “The Court of Arbitration for Sport and the Shayna Jack Doping Case” – James Duffy and John O’Brien; and “Family Dispute Resolution for Property Matters: The Case for Making Space” – Genevieve Heard, Andrew Bickerdike and Jamie Lee.
It also contains the following sections: Editorial – Ruth Charlton; ADR Case Notes: “Case Notes: Misleading Conduct in the Procurement of a Mediated Settlement Agreement” – David Spencer; Matters of Interest: “The Impact of Grief through Loss in New South Wales Workers Compensation Commission Mediations” – Katherine Johnson; and Book Review: “Legal Reasoning Across Commercial Disputes”, by Professor SI Strong – Reviewed by Russell Thirgood.
The latest Part of the Journal includes the following articles: “Heritage and Vitality: Whether the Rule in Antony Gibbs Is a Presumption” – Neerav Srivastava; and “Insolvency Practitioners: A Phenomenological Study” – Elizabeth Streten. Also in this Part are the following sections: Editorial – Dr David Morrison; Recent Developments: “Is a Statutory Demand a Document in a Legal Proceeding? A Surprisingly Vexed Definitional Issue Finally Coming to an End?” – Shane Campbell and William Porter; and Book Review: “Reinventing Bankruptcy Law: A History of the Companies’ Creditors Arrangement Act”, by Virginia Torrie – Reviewed by David Morrison.
The latest Part of the Criminal Law Journal includes the following articles: “Injustice Arising from the Unnoticed Power of Priming: How Lawyers and Even Judges can be Misled by Unreliable Transcripts of Indistinct Forensic Audio” – Helen Fraser and Yuko Kinoshita; “Check Your Privilege: The Foundation of Legal Professional Privilege within the Commonwealth Director of Public Prosecutions” – Adam Murphy; and “The Use of Victim Impact Statements in Sexual Offence Sentencing: A Critique of Judicial Practice” – Rhiannon Davies and Lorana Bartels. Also in this Part is an Editorial: “The Burden and Standard of Proof”; Contemporary Comment: “Affirmative Consent in New South Wales: Progressive Reform or Dangerous Populism?” – Andrew Dyer; and Digest of Criminal Law Cases.
This Part of the Journal of Law and Medicine includes the following articles: “COVID-19 Tests the Limits of Biodiversity Laws in a Health Crisis: Rethinking ‘Country of Origin’ for Virus Access and Benefit-sharing” – Fran Humphries, Michelle Rourke, Todd Berry, Elizabeth Englezos and Charles Lawson; “The Impact of COVID-19 on Fertility Treatment in Australia” – Ronli Sifris and Karinne Ludlow; “Chasing Immunity: How Viable Is a Mandatory COVID-19 Vaccination Scheme for Australia?” – Madeline Rohini Fisher; “Adolescent Gender Dysphoria and the Informed Consent Model of Care” – Patrick Parkinson AM; “Australian Medical Device Regulation during COVID-19: Has the Australian Regulatory Framework for Medical Devices Been Effective during the COVID-19 Pandemic?” – Jeffrey J Brownscombe; “Concussion, Chronic Traumatic Encephalopathy, and the Legal Obligation of Sporting Organisations to be Informed of the Scientific Knowledge of the Day and to Warn of Material Risks” – David Thorpe; “Use of Personal Health Information under Consent – Exempt Circumstances for Research: Views of the Australian General Public” – David J Carter; “The Role of Medical Evidence in Determining the Outcome of Medical Negligence Cases When Peer Professional Opinion Is Used” – Hugh Platt; “Role of Law in End-of-Life Decision-Making: Perspectives of Patients, Substitute Decision-Makers and Families” – Lindy Willmott, Ben White, Rachel Feeney, Cheryl Tilse, Jill Wilson and Joanne Aitken; “New Challenges to the Legal Definition and Medical Determination of Brain Death: A Multi-jurisdictional Approach – Cases from the United States, the United Kingdom, Canada and Australia” – James Tibballs and Neera Bhatia; “Murder (Infanticide) in Post-partum Depression: The Case of Akon Guode” – Joseph Briggs and Russ Scott; and “Causes of the Obesity Epidemic and Economic Rationales to Support Taxation as a Population-based Policy Response” – Lidia Xynas.
Also in this Part are the following sections: Editorial: “COVID-19 as a Disruptor and a Catalyst for Change” – Ian Freckelton AO QC; Legal Issues: “COVID-19 Denialism, Vaccine Scepticism and the Regulation of Health Practitioners” – Ian Freckelton AO QC; Medical Issues: “Killing of Elderly Patients by Health Care Professionals: Insights From Coroners’ Inquests and Inquiries in Three Cases” – Jordyn Nelson, Joseph Ibrahim, Lyndal Bugeja and David Ranson; Bioethical Issues: “Bell v Tavistock: Why the Assent Model Is Most Appropriate for Decisions Regarding Puberty Suppression for Transgender and Gender Diverse Youth” – Lauren Notini; Technology Health Law Issues: “Regulation of AI in Health Care: A Cautionary Tale Considering Horses and Zebras” – Bernadette Richards, Susannah Sage Jacobson and Yves Saint James Aquino; Mental Health Law Issues: “Advance Planning in Mental Health Care: The Trouble with Terminology” – Vrinda Edan, Bridget Hamilton and Lisa Brophy; Health Law Reporter: “Posthumous Reproduction and the Law: Tissue Transplantation, Property Rights and the Reproductive Relational Autonomy” – Cameron Stewart, Kelton Tremellen and Julian Savulescu; and Book Review: “The Lost Lovelies Foundation”, by Beth Wilson.
The Winter 2021 Part of the Workplace Review includes the following articles: “A Mere Reflection on Knowledge and Humility” – David Nikolas Brodsky; “The Art of Cross-examination” – Rick Burbidge QC; “25 Years a Lawyer: Some Things I Have Learned” – Philippe Doyle Gray; “Acting for Accessories: Tactics and Traps” – Ian Latham; and “Anaesthesia and COVID-19: Hands-on Doctors Can’t Hide in Cyberspace” – Alan Sexton. Also in this Part are the following sections: Editorial; Interview: “‘About Real People, Grounded in Real Life’ – Neil Napper’s Life in IR Law” – Neil Napper; Obituary: “Chester Porter QC: The Unassuming Champion” – Ishita Sethi; Book Review: “Law, Politics and Intelligence: A Life of Robert Hope”, by Peter Edwards – Reviewed by Malcolm Kerr OAM; The Last Word …; and Diary.
The latest Part of the Australian Intellectual Property Journal includes the following articles: “Protection of Australian Regional Names as Food Geographical Indications – South Australian Case Study: Part 2” – Dr Paula Caroline Zito; “Trade Secrets: Promoting Innovation in Biosimilars” – Teddy Henriksen; and “The Inevitable Actors: An Analysis of Australia’s Recent Anti-piracy Website Blocking Laws, Their Balancing of Rights and Overall Effectiveness” – Peter Carstairs. There is also an Editorial by Dianne Nicol.