The latest Part of the Public Law Review includes the following content: Comments: “The Imperative of Process in the Australian Republic Debate” – Gabrielle Appleby; “The Legislative Council and Cabinet Documents – A Comment on Egan v Chadwick” – Tom Chisholm; “Forum of Choice? The Legislative Impact of the Parliamentary Joint Committee of Intelligence and Security” – Sarah Moulds; and the following Articles: “Arbitration of Treaty of Waitangi Settlement Cross-Claim Disputes” – Amokura Kawharu; “Anti-democratic Political Parties as a Threat to Democracy: Models of Reaction and the Strategic Democracy” – Antonios Kouroutakis; “‘Silent Members of Society’?: Public Servants and the Freedom of Political Communication in Australia” – Kieran Pender; Book review: “The Constitution of the Environmental Emergency” – reviewed by Benjamin J Richardson; and Developments.
Posted in Journals, Public Law Review (PLR), Update Summaries | Tagged Amokura Kawharu, anti-democratic political parties, Antonios Kourotakis, Benjamin J Richardson, book review, Comments, Constitution of the environmental emergency, Dan Meagher, developments, Egan v Chadwick, freedom of political communication, Gabrielle Appleby, imperative of process in the Australian Republic Debate, Janet McLean, Kieran Pender, legislative council and Cabinet documents, Māori participation in commercial arbitration, Parliamentary Joint Committee of Intelligence and Security, PLR, Public Service Act 1999 (Cth), Sarah Moulds, strategic democracy, Tom Chisholm, Treaty of Waitangi settlement cross-claim disputes |
The latest Part of AJ Admin L includes the following articles: “Refugee Protection and State Security in Australia: Piecing Together Protective Regimes” – Peter Billings; “Characterising Migration Directions as Legislative Instruments: Implications for Judicial Review” – Christopher Chiam; and “Planning and Soft Law” – Greg Weeks and Linda Pearson. Also in this Part are the following sections: Current Issues; Casenotes; and Book Reviews.
Posted in Australian Journal of Administrative Law (AJ Admin L), Journals, Update Summaries | Tagged AJ Admin L, Book reviews, casenotes, characterisation of migration directions as legislative instruments, Christopher Chiam, Cowen and Zines’s Federal Jurisdiction in Australia, Current issues, Desiree Thistlewaite, Editorial, environmental planning and soft law, Gabrielle Appleby, Geoffrey Lindell, Greg Weeks, Janina Boughey, Joel Townsend, John Basten, Judicial Review of Administrative Action and Government Liability, Justin Davidson, Katie Miller, Khanh Hoang, legislative limitations on judicial review, Linda Pearson, Lisa Burton Crawford, Mark Aronson, Matthew Groves, Migration Act 1958 (Cth), Minister for Immigration & Border Protection v Le (2016) 244 FCR 56, Minister for Immigration & Border Protection v Tesic (2017) 251 FCR 23, Ministerial Advisers in Australia: The Modern Legal Context, Nathalie Ng, Peter Billings, principle of non-refoulement, Privacy Amendment (Notifiable Data Breaches) Act 2017 ((Cth)) (NDB Act), refugee protection and state security in Australia, refugee status determination, Section 499 of the Migration Act 1958 (Cth), Stephen Tully, the High Court in Graham, Yee-Fui Ng |
The latest Part of the Public Law Review includes the following content: Comments: “The Incorporation by Reference of Technical Standards in Legislation: A Developing Issue” – Stephen Argument; “Expanding the Entrenched Minimum Provision of Judicial Review? Graham v Minister for Immigration and Border Protection” – Lisa Burton Crawford; “Judicial Enforcement of New Zealand’s Reserved Provisions” – Andrew Geddis; and the following Articles: “Unveiling the Public Interest: The Parameters of Executive Discretion in Australian Migration Legislation” – Gabrielle Appleby and Alexander Reilly; “An Impasse in New Zealand Administrative Law: How Did We Get Here?” – MB Rodriguez Ferrere; “Non-statutory Executive Power” – KM Hayne; and Developments.
Posted in Journals, Public Law Review (PLR), Update Summaries | Tagged Aboriginal Languages Act 2017 (NSW), Alexander Reilly, ALRC Terms of Reference – Review of the Family Law System (2017), Andrew Geddis, approaches in High Court's interpretation of executive powers, Comments, Dan Meagher, developments, Dual Citizenship, expanding the entrenched minimum provision of judicial review, Gabrielle Appleby, Graham v Minister for Immigration and Border Protection, incorporation of technical standards in legislation, judicial enforcement of New Zealand's Reserved Provisions, KM Hayne, Lisa Burton Crawford, MB Rodriguez Ferrere, Nauru Refugee Tribunal, New Zealand standards of review, non-statutory executive power, parameters of executive discretion in Australian migration legislation, PLR, public interest, recommendation of the Referendum Council, regional processing countries, Same-Sex Marriage Postal Plebiscite, Stephen Argument, SZTAL v Minister for Immigration and Border Protection; SZTGM v Minister for Immigration and Border Protection (2017) 91 ALJR 936, Wolf v Minister of Immigration |
The latest Part of the Australian Law Journal includes the following articles: “Conscience, Fair-Dealing and Commerce: Parliaments and the Courts” – Chief Justice James Allsop AO; and “The Decline and Fall of Australia’s Law Reform Institutions – And the Prospects of Revival” – Hon Michael Kirby AC CMG. Also in this Part are the following sections: Current Issues; Conveyancing and Property; Around the Nation: Victoria; Competition and Consumer Law; Recent Cases; and Book Reviews.
Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged ALJ, Anderson v Anderson [2017] NSWCA 131, Angelina Gomez, Around the Nation: Victoria, Australian Marriage Law Postal Survey, Ben Kremer, Book reviews, Brendan Edgeworth, charitable status of professional regulation, Chief Justice James Allsop AO, competition and consumer law, Conveyancing and property, Current issues, Dr J M Bennett AM, estoppel, fair-dealing in commerce, Foreign Currency – Claims Judgment and Damages, Gabrielle Appleby, George Palmer QC, Gregory Tolhurst, Hon Michael Kirby AC CMG, J A Watson, John Basten, John Carter, John Kimbell, John Knott, joint tenancies, Justice Clyde Croft, Justice François Kunc, Keith Mason, law reform commissions, Mason & Carter’s Restitution Law in Australia, Michael Howard, Miller Heiman Pty Ltd v Sales Principles Pty Ltd [2017] NSWCA 106, modern slavery, moral obloquy and unconscionability, Music and the Law, native title, Northern Territory v Griffiths [2107] FCAFC 106, NSW Bar Association strategic plan, Nuncio D’Angelo, Paraskevy Kontoleon, Peter MacFarlane, Peter W Young AO QC, Priestley v Priestley [2017] NSWCA 155, Recent cases, Robert Angyal SC, Robert Baxt AO, Rosalind Dixon, Ruth C A Higgins, same-sex marriage law reform, Sir Frederick Darley: Sixth Chief Justice of New South Wales 1886-1910, statutory age for judicial retirement, The Critical Judgments Project – Re-reading Monis v The Queen, The Duty to Account – Development and Principles |
This Part includes the following articles: “Beyond ‘Validity’ – The Effect of Legally Infirm Administrative and Judicial Decisions” – Benjamin Coles; “How to Remain Relevant and Privileged: s 38AA of the Administrative Appeals Tribunal Act 1975” – Kasper Maat, Dr Laura Hilly and Chelsea Brain; “Accountability: A Core Public Law Value?” – Ellen Rock. Also in this Part are the following sections: Current Issues; Casenotes: Privacy Commissioner v Telstra Corp Ltd (2017) 262 IR 230; [2017] FCAFC 4; and Book Reviews.
Posted in Australian Journal of Administrative Law (AJ Admin L), Journals, Update Summaries | Tagged accountability, AJ Admin L, automated debt notices, Benjamin Coles, Book reviews, case notes, Centrelink, Chelsea Brain, core public law values, Current issues, Dr Laura Hilly, Editorial, Ellen Rock, Fiona Roughley, Gabrielle Appleby, Greg Weeks, James Regan, Janina Boughey, Justin Davidson, Kasper Maat, Katie Miller, legally infirm administrative and judicial decisions, Matthew Groves, Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18, Nathalie Ng, Peter Sutherland, privacy, Privacy Commissioner v Telstra Corp Ltd (2017) 262 IR 230; [2017] FCAFC 4, relevance and privilege, Robin Creyke, s 38AA of the Administrative Appeals Tribunal Act 1975 (Cth), Stephen Tully, The Role of the Solicitor-General: Negotiating Law Politics and the Public Interest, validity, Veterans’ Entitlements and Military Compensation Law |
The latest Part of the Australian Law Journal contains the following articles: “Crime Commissions and Compulsory Examinations: Whither the Right to Silence?” – Hon T F Bathurst AC and Sarah Schwartz; “Ramifications of the Recognition of a Common Fund in Australian Class Actions: An Early Appraisal” – Michael Legg; “The Case Against a National Court of Appeal” – Shawn Rajanayagam. This Part also includes the following sections: Current Issues; Letter to the Editor; Conveyancing and Property; The Legal Observer; Personalia; Around the Nation: Tasmania; Corporations and Securities; From the Law Schools; Admiralty and Maritime; Recent Cases; Book Reviews; and Obituary.
Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged Accommodating Muslims Under Common Law, Admiralty and Maritime, ALJ, ALRC – Elder Abuse – A National Legal Response, Angelina Gomez, appellate hierarchy, Around the nation: Tasmania, Arthur R Emmett AO QC, Australian Securities and Investment Commission, Book reviews, Brendan Edgeworth, Carolyn Rogers, Clare Langford, class actions, common fund, Community Protection Offender Register, compulsory examinations, contempt of court by politicians, Conveyancing and property, Corporations and Securities, Crime Commissions, Current issues, Darren C Kane, Deborah Healey, Doping in Sport and Law, Dr Damien J Cremean, From the law schools, Gabrielle Appleby, Ghena Krayem, Hon T F Bathurst AC, John Riordan, judicial independence, Justice François Kunc, Justice Stephen Estcourt AO, letter to the editor, M J Beazley AO, Michael Legg, Michael Pelly, National Court of Appeal, Obituary, personal views in judicial decisions, Personalia, Peter Birks, power of sale, privilege against self-incrimination, Professor Michael Coper, Recent cases, right to silence, risk of sex offending, Robert Angyal SC, Robert Baxt AO, Role of the Solicitor-General, Ruth C A Higgins, Salim Farrar, Sarah Schwartz, Senior Registrar of the High Court, Shawn Rajanayagam, slot charters, statutory duty of care on mortgagees, surrogate ship arrest, The Hon Justice Stephen Gageler AC, The Legal Observer, The Roman Law of Obligations, Ulrich Haas, W Sofronoff |
The latest Part of the Australian Law Journal contains speeches presented at the ALJ’s 90th Anniversary celebrations in the Banco Court of the NSW Supreme Court; a welcome to the co-editors of the “Conveyancing and Property Section” upon the retirement of Emeritus Professor Peter Butt; and a look back at the beginnings of the Journal, as covered by the press and media outlets of the day, in a fascinating piece by the Hon Justice Reginald Barrett. This Part contains the following articles: “The in personam exception to Torrens indefeasibility” – Hon William Gummow AC; “Artificial Intelligence in the courts, legal academia and legal practice” – Lyria Bennett Moses; “Taking advantage of advances in technology to enhance the rule of law” – Robert Size. It also includes the following sections: Current Issues; Letters to the Editor; Conveyancing and Property; International Focus; Competition and Consumer Law; Recent Cases; Book Reviews and Obituary.
Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged 90th anniversary, ALJ, Andrew Lynch, Angelina Gomez, artificial intelligence, Aubrey v The Queen (2017) 91 ALJR 601; [2017] HCA 18, Australia’s Greatest Judicial Crisis: The Tim Carmody Affair, Australian Competition and Consumer Commission, Australian Law Journal 90th Anniversary Celebration in Banco Court NSW, banking, beneficial statutes, Book reviews, Brendan Edgeworth, Carl Olson, competition and consumer law, Conveyancing and property, criminal law, Current issues, data analytic tools, easements, electronic litigation platforms, expert systems, Gabrielle Appleby, Greater Shepparton City Council v Clarke [2017] VSCA 107, Hon William Gummow AC, human trafficking, in personam exception, International focus, Jacob Agam v BNP Paribas SA [2017] SGCA(I) 01, Judge C G Weeramantry AM, Justice François Kunc, legislative power over land, Letters to the Editor, Lyria Bennett Moses, media press coverage of the ALJ, National Action Plan to Combat Human Trafficking and Slavery 2015-2019, negligence, new Conveyancing and Property section editors, Obituary, online learning, online resources, Peter Butt, Professor Megan Davis, R Debus, Rebecca Ananian-Welsh, Recent cases, Robert Angyal SC, Robert Baxt AO, Robert Size, Ruth C A Higgins, Ryszard Piotrowicz, Senator the Hon George Brandis QC, Supreme Court of New South Wales Annual Conference 2016, technological advances, Torrens indefeasibility, trafficking in human beings (THB), Uluru Statement from the Heart, UN Security Council |
The latest Part of the Public Law Review includes the following content: Comments: “The Law Officers of the Commonwealth” – Gabrielle Appleby; “Third Party Electioneering on New Zealand’s Broadcast Media” – Andrew Geddis; Speech: “Rights and Freedoms and the Rule of Law” – The Hon Robert French AC; and the following Articles: “Towards Indigenous–Settler Federalism” – Dylan Lino; “The Masking of Judicial Power Values: Historical Analogies and Double Function Provisions” – James Stellios; “Adequacy of Risk Assessment in the Exercise of the Character Cancellation Power under the Migration Act 1958 (Cth)” – Joel Townsend; and Developments.
Posted in Journals, Public Law Review (PLR), Update Summaries | Tagged "legal unreasonableness" arguments in judicial review, 2017 Victoria Law Foundation Oration, Andrew Geddis, Australia's win on tobacco plain packaging laws, cancellation and refusal decisions, CEDAW, character cancellation power, Comments, Commonwealth law officers, constitutional recognition, Cotterill v Minister for Immigration and Border Protection (2016) 240 FCR 29, developments, Dylan Lino, exercise of judicial power, First Nations Constitutional Convention, Gabrielle Appleby, Hon Robert French AC, human rights compatibility concerns for post-sentence preventative detention scheme for high-risk terrorist offenders, Indigenous peoplehood recognition, James Stellios, Joel Townsend, judicial power, judicial review, legal personhood for Whanganui River, Makarrata Commission, Migration Act 1958 (Cth), Minister for Immigration and Border Protection v Kumar [2017] HCA 11, Minister for Indigenous Affairs v MJD Foundation [2017] FCAFC 37, Moana v Minister for Immigration and Border Protection (2015) 230 FCR 367, NZ electoral laws, Offshore Processing Centres, PLR, political donations, Productivity Commission Inquiry into GST Distribution, Re Day (No 2) [2017] HCA 14, Re Day [2017] HCATrans 86 (19 April 2017), refusal on “character” grounds, rights and freedoms, risk of reoffending, Speech, Tanielu v Minister for Immigration and Border Protection (2014) 225 FCR 424, Te Awa Tupua (Whanganui River Claims Settlement) Act 2017 (NZ), Uluru Statement from the Heart, UN Special Rapporteur on the Rights of Indigenous Peoples, UN Special Rapporteur on Violence Against Women, visas, WTO Dispute Settlement Panel |
The latest part of the Public Law Review includes the following Comments: “The constitutionality of draft legislation banning the wearing of face veils and similar clothing” – Mitchell Landrigan; and “Commonwealth spending after Williams (No 2): Has the new dawn risen?” – Andrew Lynch; and the following articles: “The impact of uncertain constitutional norms on government policy: Tribunal design after Kirk” – Gabrielle Appleby and Anna Olijnyk; and “An alternative (partial) justification for the holding in Kirk” – Oscar I Roos. There is also a Developments section.
Posted in Public Law Review (PLR), Update Summaries | Tagged Andrew Lynch, Anna Olijnyk, constitutional norms, developments, Gabrielle Appleby, Kirk v Industrial Court (NSW), Mellifont v Attorney-General (Qld), Mitchell Landrigan, Oscar I Roos, PLR, s 73 of the Constitution, State Supreme Courts, Williams (No 2) |
The latest Part of the Public Law Review includes the following articles: “An Australian spectrum of political rights scrutiny: “Continuing to lead by example?”” – Laura Grenfell; and “Resisting the siren song of the Hansen sequence: The state of Supreme Court authority on the sections 5 and 6 conundrum” – Hanna Wilberg; and the following Comments: “The 2014 counter-terrorism reforms in review” – Gabrielle Appleby; and “The use of “legislative rules” in preference to regulations: A “novel” approach?” – Stephen Argument. Also in this Part is an editorial, a book review and a Developments section.
Posted in Public Law Review (PLR), Update Summaries | Tagged Anna Dziedzic, book review, Comments, counter-terrorism reforms, developments, Gabrielle Appleby, Hanna Willberg, Hansen v The Queen, Laura Grenfell, legislative rules, New Zealand Bill of Rights Act 1990, PLR, political rights scrutiny, regulations, Stephen Argument, Stephen Gardbaum, Supreme Court authority |
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Public Law Review update: Vol 29 Pt 4
The latest Part of the Public Law Review includes the following content: Comments: “The Imperative of Process in the Australian Republic Debate” – Gabrielle Appleby; “The Legislative Council and Cabinet Documents – A Comment on Egan v Chadwick” – Tom Chisholm; “Forum of Choice? The Legislative Impact of the Parliamentary Joint Committee of Intelligence and Security” – Sarah Moulds; and the following Articles: “Arbitration of Treaty of Waitangi Settlement Cross-Claim Disputes” – Amokura Kawharu; “Anti-democratic Political Parties as a Threat to Democracy: Models of Reaction and the Strategic Democracy” – Antonios Kouroutakis; “‘Silent Members of Society’?: Public Servants and the Freedom of Political Communication in Australia” – Kieran Pender; Book review: “The Constitution of the Environmental Emergency” – reviewed by Benjamin J Richardson; and Developments.