Presumption of Innocence and Wrongful Conviction in Australia
The presumption of innocence is as old as law itself. When Lord Blackstone postulated that it is “better that ten guilty persons escape than that one innocent suffer”, his Lordship was drawing on a long and distinguished line of legal jurisprudence including Genesis, the Code of Hammurabi and the Codex Justinianus. To protect against wrongful convictions, the criminal ...more
Criminal Law Journal update: February 2016
The latest Part of the Criminal Law Journal includes the following articles: “The High Court on crime in 2015: Analysis and jurisprudence” – Stephen Odgers; “The vagaries of construction of the carriage service offence in s 474.17 of the Commonwealth Criminal Code” – Clive Turner; and “Recent developments in Canadian criminal law” – Gerry Ferguson and Benjamin L Berger. Also in this Part is an editorial on R v Pham (2015) 90 ALJR 13; [2015] HCA 39 and its impact on the consistent application of sentencing principles; and a Digest of Criminal Law Cases.
Australian Law Journal update: October 2015
The latest Part of the Australian Law Journal includes the following articles: “Equal justice and cultural diversity: The general meets the particular” – Chief Justice Robert French AC; “The United Nations report on North Korea and the Security Council: Interface of security and human rights” – Hon Michael Kirby AC CMG; and “Magna Carta in Australia 1803-2015: Law and myth” – David Clark. Also in this Part are the following sections: Current Issues; Conveyancing and Property; Family Law, Around the Nation: Vic; Environmental Law; Human Rights; Competition and Consumer Law, Admiralty and Maritime; Recent Cases; and a Book Review.
Australian Law Journal update: August 2014
The latest Part of the Australian Law Journal includes the following articles: “The individual judge” – Hon Justice Susan Kiefel AC; ““Delivery”, “escrow”, recitals and estoppel, and attestation: Current questions with deeds” – Lee Aitken; and “The prerogative writs and the origins of English administrative law” – Clare Langford. Also in this Part are the following sections: Current Issues; Conveyancing and Property; Around the Nation: Northern Territory; Corporations and Securities; International Focus; Overseas Law; Recent Cases; and an Obituary for The Honourable Bruce Harvey McPherson CBE.
Journal of Law and Medicine update: June 2014
The latest Part of JLM includes the following articles: “Unfitness to stand trial decision-making in the Extraordinary Chambers in the Courts of Cambodia” – Ian Freckelton QC and Magda Karagiannakis; “Legal risk management and injury in the fitness industry: The outcomes of focus group research and a national survey of fitness professionals” – Patrick Keyzer, Ian R Coyle, Joachim Dietrich, Kevin Norton, Betul Sekendiz, Veronica Jones and Caroline F Finch; “Just a little bit more: When sports scientists cross the line” – Tyler Fox; “Beauty is only photoshop deep: Legislating models’ BMIs and photoshopping images” – Marilyn Krawitz; “Medical use of cannabis in Australia: “Medical necessity” defences under current Australian law and avenues for reform” – Charles Martin; “Patents and the obligation to protect health: Examining the significance of human rights considerations in the protection of pharmaceutical patents: – Olasupo Ayodeji Owoeye; ““Best interests” and withholding and withdrawing life-sustaining treatment from an adult who lacks capacity in the parens patriae jurisdiction” – Lindy Willmott, Ben White and Malcolm K Smith; “Transparency in mental health: Why mental health tribunals should be required to publish reasons” – Alison Smith and Andrew Caple; “Government databases and public health research: Facilitating access in the public interest” – Carolyn Adams and Judy Allen; “The spectre of court-sanctioned sacrificial separation of teenage conjoined twins against their will” – Colleen Davis; and “Judicial virtues and decision-making in the VCAT Guardianship List” – Richard Polkinghorn. Also included in this Part are several section notes, including Legal Issues; Medical Issues; Bioethical Issues; Nursing Issues; and Medical Law Reporter. There is also an editorial, a letter to the Editor and a book review.
Australian Business Law Review update: June 2014
The latest Part of the Australian Business Law Review includes the following articles: “Asset lending, unconscionable conduct and intermediaries” – Denise McGill; “Certainty and the ISDA credit derivative determinations committees” – G P Craddock; and “Whither a unified approach to the functional dimension of market definition: Why Metcash was the one that got away” – Josh Buckland. Also included in this Part are the following section notes: Banking and Finance: Financial literacy and financial decision-making of Australian secondary school students – Paul Ali, Cosima McRae and Ian Ramsay; Competition Law and Market Regulation: Strategic entry deterrence: Does it constitute a misuse of market power? – Stephen Corones; Contracts and Restitution: The High Court considers the meaning of “reasonable endeavours”: Electricity Generation Corp v Woodside Energy Ltd – Troy Keily; and New Zealand Newsletter: Frustration of contract in the New Zealand Supreme Court – Rex Ahdar.
Journal of Banking and Finance Law and Practice update: June 2014
The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “Insolvencies, bailouts and resolutions: Dealing with banks when the music stops” – Ayowande A McCunn; “Filling the capital gap: The financing case for crowdsourced equity funding in Australia” – Jason Zein; and “Marshalling, the Personal Property Securities Act 2009 and third party securities: Highbury and Szepietowski – New applications of enduring principles” – Hon WMC Gummow AC and JGH Stumbles. Also in this Part is a Forum article: “Crowd sourced equity fundraising convergence, the public and the private” – Daren Armstrong and the following Sections: Banking Law and Banking Practice; Securities and Mortgages; and Recent Publications,
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Public Law Review update: March 2014
The latest Part of PLR publishes the following articles: “The physics of jurisdictional error” – Steven Forrest; “Expert panels, public engagement and constitutional reform” – Paul Kildea; and “State tribunals within and without the integrated federal judicial system” – David Rowe; and the following Comments: “Anti-terrorism law reform: Now or never?” – Jessie Blackbourn; “Native title extinguishment law in the High Court” – Sean Brennan; “The constitutional role of the judge” – The Hon William Gummow AC; and “Judicial power and declarations of rights inconsistency” – The Hon Justice Steven Rares. There is also a book review and a developments section.