Unfair contracts legislation given some teeth in Informax International v Clarius
(Published in The Last Word, Vol 3 Pt 4 (Dec 2012) of Workplace Review) By Jeffrey Phillips SC opportunistic disintermediation … the middle man’s risk of being cut out. (Perram J in Informax International Pty Ltd v Clarius Group Ltd (2011) 192 FCR 210 at [25]) The Full Court of the Federal Court has revisited on ...more
The Grocon dispute: An update
(Published in Focus On: Victoria, Vol 3 Pt 4 (Dec 2012) of Workplace Review) By Steven Moore, Barrister In August-September 2012, Victoria was the epicentre of the industrial confrontation which occurred between the CFMEU and the Grocon companies. Although that confrontation was played out at a number of sites in Victoria and elsewhere, its dramatic focus was at ...more
Workplace Review update: Winter 2012
The Winter 2012 edition of Workplace Review includes the following articles: “The industrial relations system is fundamentally flawed” – Frank Marks; “The ACTU’s insecure work campaign” – Natalie Rodwell and Neil Napper; “From ABCC to FWBC: Tides of change?” – Irina Kolodizner and Neil Napper; “Assessing compensation in adverse action cases” – Ian Latham and David Taylor; “Casual chat backfires on bank” – Craig Tanner; and “Keeping older workers on the dance floor and the benefits of SLOW ageing” – Kate Marie and Eva Migdal. Also included in this Part are a range of section notes, including an interview of Professor John Buchanan, Vales of The Hon Judith Cohen and Frank Walker QC, the Diary and much more.
Australian Law Journal update: July 2012
The latest Part of the Australian Law Journal includes an article by John P Bryson which describes the principles of common law pleadings as applied in the Supreme Court of New South Wales prior to the Supreme Court Act 1970 (NSW); an article by Oliver Jones that considers the precedential status in the Federal Magistrates Court of decisions by the Federal Court; and an article by Rachel Mansted which discusses jurisdiction over foreign intellectual property law. Also in this Part are several sections: Current Issues; Letter to the Editor; Conveyancing and Property; Family Law; and Recent Cases.
Insolvency Law Journal update: June 2012
The latest Part of the Insolvency Law Journal includes articles articles on the Federal Court’s exclusive jurisdiction under the Bankruptcy Act, whether leave of court is required to appeal against a decision in favour of a company in voluntary administration or liquidation, the relationship between the early English bankruptcy Acts and current Australian law and Shakespeare’s influence on contemporary perceptions, and whether s 420A of the Corporations Act 2001 (Cth) imposes “strict liability” upon a controller for the failure of an agent or expert to take reasonable care. There is also a Recent Developments section, a book review and a Report from New Zealand.
Journal of Civil Litigation and Practice update: December 2011*
The first ever issue of the Journal of Civil Litigation and Practice includes several interesting articles and sections on a wide range of topics. There are articles on the importance of early identification of issues in litigation, efficiency and cost in different legal cultures, security for costs against impecunious plaintiffs and preliminary discovery, discovery to identify a party and non-party discovery. There is also a book review and a Comments section. This new journal is not to be missed!
Public Law Review update: September 2011
The latest issue of the Public Law Review is filled with interesting articles and section notes on an impressive range of subjects. These include, but are not limited to, WTO challenges to the Australian scheme for plain tobacco packaging, the right to protest in New Zealand, the 2009 amendment to the Native Title Act and English and Australian experiences of “the Crown”.
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Journal of Civil Litigation and Practice update: September 2012
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!