The latest Part of PLR includes the following Comments: “Future challenges on the path to constitutional recognition of Indigenous peoples” – Megan Davis; “Dedicated Indigenous representation in New Zealand’s Parliament” – Andrew Geddis; the following Speech: “The changing character of judicial review in Australia: The legacy of Marbury v Madison?” – Ronald Sackville AO QC; and the following articles: “The Constitution and its common law background” – Jeffrey Goldsworthy; and “Dual federal and State judicial appointments: An Australian impossibility?” – Sarah Murray. There is also a book review and a developments section.
Posted in Public Law Review (PLR), Update Summaries | Tagged Andrew Geddis, book review, Comments, common law, Constitution, developments, Federal Court, Indigenous peoples, Jeffrey Goldsworthy, judicial appointments, judicial review, Marbury v Madison, Megan Davis, New Zealand's Parliament, Padraig McAuliffe, PLR, Ronald Sackville AO QC, Sarah Murray, State Supreme Court |
Thomson Reuters is pleased to announce the appointment of The Hon Justice Melissa Perry as the Section Editor for a brand new Administrative Law Section in The Australian Law Journal. As part of a reinvigoration program, a range of new Sections are being commissioned to ensure that subscribers are receiving a wide range of valuable and ...more
(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
(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
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!
Posted in Journal of Civil Litigation and Practice (JCivLP), Update Summaries | Tagged book review, Brian Mason, civil justice reform, Comments, Czech Arbitration Court, dispute resolution, Federal Court, federal jurisdiction, Hon Justice Bruce Lander, hypothetical bargain damages, Indefeasibility of title, JCivLP, Judge DJ McGill SC, private nuisance, proportionality, proprietary trespass, state law, Tereza Bartoskova, Trevor CW Farrow, unincorporated associations |
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.
Posted in Update Summaries, Workplace Review (WR) | Tagged ACTU, adverse action, Australian Building and Construction Commission, Azadeh Khalilizadeh, casual chat, compensation, Craig Tanner, David Taylor, employee, Eva Migdal, Fair Work Act 2009 (Cth), Fair Work Building and Construction, Federal Court, Focus on: SA, Frank Marks, Frank Walker QC, Ian Latham, industrial action, Industrial Relations, insecure work campaign, Interview, Irina Kolodizner, Jeff Phillips on the case, Jeffrey Phillips, Kate Marie, manager, Michael Roberts, Natalie Rodwell, Neil Napper, older workers, Rick Manuel, SLOW ageing, The Hon Judith Cohen, The Hon Michael Gallacher, The Last Word, Vale |
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.
Posted in Australian Law Journal, The (ALJ), Update Summaries | Tagged Acting Justice Peter W Young AO, ALJ, Anthony Dickey QC, common law pleadings, Conveyancing and property, Current issues, family law, Federal Court, Federal Magistrates Court, intellectual property, John P Bryson, letter to the editor, NSW, Oliver Jones, Peter Butt, Rachel Mansted, Recent cases |
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.
Posted in Insolvency Law Journal (Insolv LJ), Update Summaries | Tagged appeal, bankruptcy, Bankruptcy Act 1966 (Cth), book review, Corporations Act 2001 (Cth), David Morrison, exclusive jurisdiction, Federal Court, Insolv LJ, leave of court, Lynee Taylor, Mark Sheldon, Mark Wellard, Michael Quilter, recent developments, Report from New Zealand, Shakespeare, Stewart Maiden, strict liability, voluntary administration |
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!
Posted in Journal of Civil Litigation and Practice (JCivLP), Update Summaries | Tagged ADR, book review, case management, Chris Gunson, civil litigation, Comments, costs, Damien J Cremean, discovery to identify, early identification, efficiency, Federal Court, Greg Reinhardt, Hon Michael Kirby AC CMG, Hon P A Keane, JCivLP, non-party discovery, preliminary discovery, security |
The latest issue of Workplace Review contains many interesting articles and sections exploring such topics as employer responses to natural disasters, adverse action, State government wages policies, interpreting the Fair Work Act and protected industrial action. There is also a book review, an interview with Justice Boland and a Vale for Roderick Pitt Meagher QC, plus much more.
Posted in Update Summaries, Workplace Review (WR) | Tagged adverse action, Baron Alder, book review, Diary, Fair Work Act 2009 (Cth), Federal Court, Ian Latham, Interview, Jeffrey Phillips SC, Justice Boland, Katrina Mark, Meryl Remedios, natural disasters, Philip Boncardo, protected industrial action, Roderick Pitt Meagher QC, Sandy Horneman-Wren SC, Sian Leathem, Steven Andrew, Vale, Workers’ Compensation Commission, WR |
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Public Law Review update: December 2014
The latest Part of PLR includes the following Comments: “Future challenges on the path to constitutional recognition of Indigenous peoples” – Megan Davis; “Dedicated Indigenous representation in New Zealand’s Parliament” – Andrew Geddis; the following Speech: “The changing character of judicial review in Australia: The legacy of Marbury v Madison?” – Ronald Sackville AO QC; and the following articles: “The Constitution and its common law background” – Jeffrey Goldsworthy; and “Dual federal and State judicial appointments: An Australian impossibility?” – Sarah Murray. There is also a book review and a developments section.