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 |
The latest Part of the Public Law Review publishes three Comments and three Articles of interest to readers. The first Comment is by Gabrielle Appleby and Matthew Stubbs who look at the Royal Commission into Institutional Responses to Child Sexual Abuse. The second Comment comes from Shubhankar Dam and focuses on Tan Eng Hong v Attorney-General in Singapore. The final Comment is by Vergil Narokobi who looks at Parliament testing the supremacy of the Constitution in PNG. In the first article, Justin Gleeson SC asks what is left of Cole v Whitfield. The second article is by Dean R Knight and considers the amenability of private incorporated bodies to judicial review in New Zealand. The final article comes from Fiona Wheeler and looks at extra-judicial activity by High Court justices. There is also a Developments section.
Posted in Public Law Review (PLR), Update Summaries | Tagged Cole v Whitfield, Comments, Dean R Knight, developments, extra-judicial activity, Fiona Wheeler, Gabrielle Appleby, Justin Gleeson SC, Matthew Stubbs, New Zealand, Papua New Guinea, private incorporated bodies, Royal Commission into Institutional Responses to Child Sexual Abuse, Shubhankar Dam, Singapore, supremacy of constitution, Vergil Narokobi |
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Public Law Review update: Vol 28 Pt 2
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.