Hon Dean Mildren AM RFD QC

Australian Law Journal update: Vol 95 Pt 6

By Journal Alerts on June 23, 2021

The latest Part of the Australian Law Journal contains the following articles: “Cargo Lost Overboard in Australian Waters: Their Management and Australian Law” – Laura Heit and Michael White; “Did Dad Get It Wrong? Bursill Enterprises Pty Ltd v Berger Bros Trading Co Pty Ltd” – The Honourable WV Windeyer; “Workers, Apps and Fairness: Contracting in the Gig Economy” – Katrina Woodforde; and “Can ADR Improve Expert Evidence?” – Nick Wray-Jones and Jason M Chin. This Part also includes the following sections: Current Issues: “An Inauspicious Anniversary”; “More on Dealing with Inappropriate Behaviour in the Legal Profession”; “Stage 2 Defamation Reform”; “Thank You Artspace”; “The Rule of Law”; “The Fit and Proper Person Test and the Rule of Law – One Size Does Not Fit All”; and “The Curated Page”; Letter to the Editor; Around the Nation: Northern Territory: “Retirement of Justice Hiley RFD”; and “Burial Rights”; Environmental Law: “Commonwealth”; and “Significant Environmental Decisions of the Federal Court”; Technology and the Law: “Cyber Security Essentials When Doing Legal Work from Home”; and International Focus: “IA–CEPA and the Increasingly Complex Architecture for International Trade in the Asia- Pacific Region”.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged ADR's capacity to limit psychology of bias, ALJ, alternative dispute resolution, An Inauspicious Anniversary, Around the Nation: Northern Territory, articles, Australian East Coast shipping accidents, Australian gig economy formal legal regulatory scheme, Australian shipping management and legal systems, Burial Rights, Bursill Enterprises Pty Ltd v Berger Bros Trading Co Pty Ltd, Can ADR Improve Expert Evidence?, Cargo Lost Overboard in Australian Waters: Their Management and Australian Law, Commonwealth, countering expert bias, Court Managed Expert Evidence (CMEE), Current issues, Cyber Security Essentials When Doing Legal Work from Home, Did Dad Get It Wrong?, environmental law, Hon Dean Mildren AM RFD QC, IA–CEPA and the Increasingly Complex Architecture for International Trade in the Asia- Pacific Region, International focus, international shipping industry, Jason M Chin, Justice François Kunc, Justice Rachel Pepper, Katrina Woodforde, labour law, Land Court of Queensland, Laura Heit, letter to the editor, Lyria Bennett Moses, manage experts' biases, maritime law systems, maritime trade and shipping, Michael White, More on Dealing with Inappropriate Behaviour in the Legal Profession, Nick Wray-Jones, President Kingham, Professor Stuart Kaye, Retirement of Justice Hiley RFD, significant environmental decisions of the Federal Court, Stage 2 Defamation Reform, Technology and the Law, Thank You Artspace, The Curated Page, The Fit and Proper Person Test and the Rule of Law – One Size Does Not Fit All, The Honourable WV Windeyer, The Rule of Law, unfair contract review scheme, worker status, Workers Apps and Fairness: Contracting in the Gig Economy | Leave a response

Australian Law Journal update: Vol 94 Pt 12

By Journal Alerts on December 29, 2020

The latest Part of the Australian Law Journal contains the following articles: “Responsible Jurimetrics: A Reply To Silbert’s Critique Of The Victorian Court Of Appeal” – Brian Opeskin and Gabrielle Appleby; “Directors’ Duties In A Post-Hayne World: “The Company” As More Than The Sum Of Its Shareholders” – Philip Sales; “Some Reservations About The Use Of Artificial Intelligence In Sentencing Decisions” – Adrian Staples; and “100 Years Of Speaking: Gender Equality Among Barristers Before The High Court” – Winsome Hall and George Williams. This Part also includes the following sections: Current Issues; Letter to the Editor; Conveyancing and Property; Around the Nation: Northern Territory; Class Actions; Recent Cases; and Book Review.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged 100 Years Of Speaking: Gender Equality Among Barristers Before The High Court, 130 Years of Sydney University Law School, A History of Criminal Law in New South Wales Volume 2: The New State 1901–1955, Adrian Staples, Adverse Possession – Alive and Well in Sydney, ALJ, Angelina Gomez, Appellant Sentenced to Imprisonment Served by Periodic Detention, Appellant Unlawfully Imprisoned for 82 Days Following Sentence, Around the Nation: Northern Territory, articles, artificial intelligence assisting judges with sentence determination, AustLII Turns 25, book review, Brendan Edgeworth, Brian Opeskin, civil society, class actions, Compensatory Principle and Counterfactual Analysis, Contingency Fees (Group Costs Orders) in Victoria after BMW Australia Ltd v Brewster, Conveyancing and property, Court's performance, criminal decisions of the Victorian Court of Appeal (VCA), current Australian sentencing practises, Current issues, Directors' Duties In A Post-Hayne World: "The Company" As More Than The Sum Of Its Shareholders, Do We Need a Parliament?, false imprisonment, Farewell RBG and Welcome ACB, female barristers, Gabrielle Appleby, GD Woods, George Williams, Hon Dean Mildren AM RFD QC, how decision-making by companies can be incentivised, imposition of duties on company directors, Jesse Cumberland's High Court Case "Zooms-in" on Procedural Fairness and Residual Discretion, Justice François Kunc, Justice Michael B J Lee, letter to the editor, managing tensions between shareholder interests and those of creditors employees consumers and the environment, participation of women as advocates before the High Court of Australia, Philip Sales, Recent cases, regulation, Responsible Jurimetrics: A Reply To Silbert's Critique Of The Victorian Court Of Appeal, Robert Angyal SC, role of intermediate courts of appeal, Ruth C A Higgins SC, setting the environment for commercial activity, Snapshot of Chinese Land Law: Real Rights Transfer and In/defeasible Title, Some Reservations About The Use Of Artificial Intelligence In Sentencing Decisions, taxation, That Was the Year That Was, The Curated Page, The Final Obsequies for the Bell Litigation, The Launch of the Digital Law Association, Two New High Court Appointments, Where Appellant's Imprisonment Would Otherwise Have Lawfully Occurred, Whether Appellant Entitled to Substantial Compensatory or Vindicatory Damages, Whether Award of Only Nominal Damages Appropriate, Winsome Hall | Leave a response

Australian Law Journal update: Vol 94 Pt 11

By Journal Alerts on November 13, 2020

The latest Part of the Australian Law Journal contains the following articles: “Engineers: One Hundred Years Old And Still Going Strong: A Commentary” – The Hon Sir Anthony Mason AC KBE GBM QC; “The Continued Legacy Of The Engineers Case: A Dynamic Approach To Federal Power” – Rosalind Dixon and Brendan Lim; “”Wait[ing] For The Heavens To Fall”: The Engineers Case And Intergovernmental Immunity” – Sarah Murray; “Money Had And Received – And Retained? The Role Of Retention At Notice For Personal Common Law Liability” – Eleanor Makeig; and “Justifying Trade Restrictions Under s 92 Of The Australian Constitution: A Comparative Law-Based Proposal For A Coherent Doctrine” – Csongor István Nagy. This Part also includes the following sections: Current Issues; Around the Nation: Northern Territory; Family Law; Class Actions; Statutory Interpretation; and Technology and the Law.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged "Wait[ing] For The Heavens To Fall": The Engineers Case And Intergovernmental Immunity, Accountability in the Age of Artificial Intelligence: A Right to Reasons, ALJ, Appointment of Sonia Brownhill SC as a Judge of the Supreme Court, Around the Nation: Northern Territory, articles, Australian constitutional law, Black v Freedman, Brendan Lim, class actions, common law claim and equitable personal liability, Commonwealth powers, comparative analysis of federal markets, Constitution and British principles, Csongor István Nagy, Current issues, Does a Family Court Judge Have Power to Refer Financial Proceedings to Mediation?, Eleanor Makeig, electronic filing, Engineers: One Hundred Years Old And Still Going Strong: A Commentary, family law, Hon Dean Mildren AM RFD QC, Impact of COVID-19 on Academia, Justice François Kunc, Justice Michael B J Lee, Justifying Trade Restrictions Under s 92 Of The Australian Constitution: A Comparative Law-Based Proposal For A Coherent Doctrine, Lyria Bennett Moses and Anna Collyer, Money Had And Received – And Retained? The Role Of Retention At Notice For Personal Common Law Liability, New Assistant Editor, Online Publications, Pedantic Points, Professor Nicholas Aroney, public interest analysis under s 92, Restoration of Jury Trials, Richard Ingleby, Rosalind Dixon, Sarah Murray, State intergovernmental immunities, Statutory interpretation, Statutory Interpretation and Dictionaries, Technology and the Law, The Continued Legacy Of The Engineers Case: A Dynamic Approach To Federal Power, The Curated Page, The Hon John Basten, The Hon Sir Anthony Mason AC KBE GBM QC, The View from the Academy, volunteer's primary liability under the common law claim for money had and received, When Does a Person Have a "Claim" under s 33c of the Federal Court of Australia Act? | Leave a response

Australian Law Journal update: Vol 93 Pt 12

By Journal Alerts on December 29, 2019

The latest Part of the Australian Law Journal contains the following articles: “Penalty Privilege in Non-curial Proceedings: The Decision in Frugtniet ” – Simon Frauenfelder; and “Collective Best Interests in Strata Collective Sales” – Edward S W Ti. This Part also includes the following sections: Current Issues; Letter to the Editor; Constitutional Law; Statutory Interpretation; New Zealand; Around the Nation: Northern Territory; Personalia; Recent Cases; and Book Review.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged A New Link across the Tasman, Administrative Appeals Tribunal, ALJ, An End-of-Year Innovation, Anne Twomey, Around the Nation: Northern Territory, articles, book review, Brexit, Chief Justice of New Zealand, Collective Best Interests In Strata Collective Sales, Commonwealth, Compulsory Retirement Age for Judges Increased to 72, constitutional law, Constitutional Law (Cth), Current issues, defamation, Dicey on Brexit and the Conservative Nature of Referendums, Edward S W Ti, Emily Vale, Hon Dean Mildren AM RFD QC, Implied Freedom of Communication on Governmental and Political Matters, Indonesian Law, Justice François Kunc, Justice Jennifer Hill, Justice John Snaden, Justice Matthew Palmer, Justice Stewart Anderson, Justice Wendy Abraham, letter to the editor, Liability of Media Company Owner of Public Facebook Page for Comments by Third Party Users, Migration Agents Registration Authority v Frugtniet, New South Wales’ strata regime, New Zealand, penalty privilege, Penalty Privilege In Non-Curial Proceedings: The Decision In Frugtniet, Personalia, Publication, Recent Bill of Rights Cases in New Zealand: From Toupee to Tooth Decay, Recent cases, Referendums, Ruth C A Higgins SC, Simon Butt, Simon Frauenfelder, ss 10(1) 13(11) and 15(1) of Public Service Act, Statute and the Common Law, Statutory interpretation, The Curated Page, The Hon John Basten, The Hon John Dowsett AM QC, The Right Honourable Dame Helen Winkelmann GNZ, three-factor test, Tim Lindsey, Western Australia | Leave a response

Australian Law Journal update: Vol 93 Pt 5

By Journal Alerts on May 13, 2019

The latest Part of the Australian Law Journal contains the following articles: “Courts as (Living) Institutions and Workplaces” – Chief Justice James Allsop; “Law Reform – Future Directions” – The Hon Justice S C Derrington; “Law Schools and The Burden Of Bureaucracy: Release The Yoke (A Plea From The Coalface). Part 1: Over-Regulation in Australia” – Olivia Rundle and Lynden Griggs; and “The Animal as a Chattel? Conferring Equitable Rights on Nonhuman Animals” – Scott Wotherspoon. This Part also includes the following sections: Current Issues; Conveyancing and Property; Environmental Law; Corporations and Securities; Statutory Interpretation; Around the Nation: Australian Capital Territory; Around the Nation: Northern Territory; and Book Review.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged ALJ, Angelina Gomez, animals as chattel, Around the nation: Australian Capital Territory, Around the Nation: Northern Territory, Arthur Moses SC, Auburn Shopping Village Pty Ltd v Nelmeer Hoteliers Pty Ltd, book review, Brendan Edgeworth, bureaucracy in law school, Chief Justice James Allsop, conferring equitable rights on nonhuman animals, Conveyancing and property, corporate law lessons from the Banking Royal Commission, Corporations and Securities, courts as living institutions and workplaces, Current issues, environmental law, future directions of law reform, Hagerty v Hills Central Pty Ltd, Hon Dean Mildren AM RFD QC, Jason Harris, Justice David Mossop, Justice François Kunc, Justice Rachel Pepper, lawyers in the Northern Territory, legislative intention, Lynden Griggs, new ACT Supreme Court building, Olivia Rundle, options to purchase property and renew leases, over-regulation in Australia, Papantoniou v Stonewall Hotel Pty Ltd, Rhett Martin, Robert Angyal SC, Scott Wotherspoon, Statutory interpretation, The Curated Page, The Hon John Basten, The Hon Justice S C Derrington, Uluru Statement, Understanding Sustainability Law | Leave a response

Australian Law Journal update: Vol 92 Pt 5

By Journal Alerts on July 17, 2018

The latest Part of the Australian Law Journal contains the following articles: “Young’s ‘Fact finding made easy’ in Refugee Law: A Former Practitioner’s Perspective” – Douglas McDonald-Norman; “Hear No Evil, See No Evil, Speak No Evil … and, Read No Evil: Confiscation of Literary Proceeds under Australian Criminal Property Confiscation Legislation” – Dr Natalie Skead; and “Aggravating and Mitigating Factors in Sentencing: Comparing the Views of Judges and Jurors” – Kate Warner, Julia Davis, Arie Freiberg, Caroline Spiranovic and Helen Cockburn. This Part also includes the following sections: Current Issues; Conveyancing and Property; Around the Nation: Northern Territory; Personalia; Recent Cases; and Books.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged “Fact finding made easy” (2006) 80 ALJ 454, “Justice State of the Nation” Address, #MeToo, aggravating and mitigating factors in sentencing, ALJ, Angelina Gomez, Appointment of Queen's Counsel, Arie Freiberg, Around the Nation: Northern Territory, book review, Brendan Edgeworth, Can You See the Mountain? A Legal Journey with a Few Diversions, Caroline Spiranovic, Cheryle King, Commonwealth, Conveyancing and property, criminal property confiscation legislation, Current issues, Douglas McDonald-Norman, Dr Natalie Skead, Ellis v Pell, Emily Vale, Helen Cockburn, Hon Dean Mildren AM RFD QC, Julia Davis, Justice François Kunc, Justice Gregory Geason, Justice Kim Hargrave, Justice Michael Baumann AM, Justice Peter Davis, Justice Sarah Derrington, Justice Shan Tennent, Kate Warner, literary proceeds of crime, Personalia, Peter Heerey, Queensland, Recent cases, refugee status determination (RSD), Robert Angyal SC, Ruth CA Higgins SC, Solicitor-General Kristen Walker QC, Susan Milne, Tasmania, Victoria | Leave a response

Australian Law Journal update: Vol 91 Pt 9

By Journal Alerts on September 20, 2017

The latest Part of the Australian Law Journal contains the following articles: “Subrogation to the Trustee’s Personal Right of Indemnity” – Ahmed Terzic; “Family Provision Applications: A Critique” – Anthony Gray; “Family Provision Law in New South Wales: Celebrating its Centenary” – Tihana Mandic. This Part also includes the following sections: Current Issues; Conveyancing and Property; Around the Nation: Northern Territory; Crime and Evidence; Family Law; The Legal Observer (“Playing Politics with the Politicians”); Corporations and Securities; Recent Cases; and Book Reviews.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged Ahmed Terzic, Alan Robertson, ALJ, Angelina Gomez, Anthony Gray, Around the Nation: Northern Territory, ASIC v Flugge [No 2] [2017] VSC 117, Baxter Roberts, Book reviews, Brendan Edgeworth, caveats, Conveyancing and property, Corporations and Securities, Crime and Evidence, Current issues, Eli Ball, Enrichment at the Claimant’s Expense: Attribution Rules in Unjust Enrichment, family law, family provision applications, family provision law, gifts in contemplation of death, Greg Weeks, Hon Dean Mildren AM RFD QC, Hugh Selby, Interpretation of International Investment Treaties, J C Campbell QC FAAL, Jacobs’ Law of Trusts in Australia, John Dyson Heydon, Judicial Review of Administrative Action and Government Liability, Julian R Murphy, Justice François Kunc, Justice Phillip Priest, Kanaga Dharmananda SC, Keith Mason AC QC, Local Court of the Northern Territory, Mark Aronson, Mark James Leeming, Matthew Groves, Michael Pelly, Northern Territory Civil and Administrative Tribunal, Paul Bennett, Prosecuting, Raymond Gibson, Recent cases, recording conversations, Richard Ingleby, Robert Angyal SC, Robert Baxt AO, Ruth C A Higgins, s 44 of the Constitution, short-term lettings in strata developments, Specialist Courts for Sentencing Aboriginal Offenders: Aboriginal Courts in Australia, subrogation to the trustee's personal right of indemnity, Tarcisio Gazzini, tendency evidence, Testator’s Family Maintenance and Guardianship of Infants Act 1916 (NSW), The Legal Observer, Tihana Mandic, unfair testamentary provisions | Leave a response

Australian Law Journal update: November 2015

By Journal Alerts on November 7, 2015

The latest Part of the Australian Law Journal includes the following articles: “Is access to justice a right or a service?” – Steven Rares; “Some judicial fallacies concerning entire agreement clauses” – I M Jackman; and “The ex ante approach to assessing materiality: To what extent are subsequent price movements relevant?” – Andrew Eastwood. Also in this Part are the following sections: Current Issues; Conveyancing and Property; Around the Nation: Tasmania; Personalia; Around the Nation: Northern Territory, Corporations and Securities; Environmental Law; Recent Cases; and a Book Review: “Principles of Taxation Law 2015” by Kerrie Sadiq.

Posted in Australian Law Journal, The (ALJ), Update Summaries | Tagged "entire agreement" clauses, ALJ, Andrew Eastwood, Angelina Gomez, arbitration, Around the Nation: NT, Around the Nation: Tas, book review, Clare Langford, class action, coal seam gas, collateral contracts, commercial contract, compulsory easements, construction and interpretation, continuous disclosure and insider trading provisions in the Corporations Act 2001 (Cth), Conveyancing and property, Corporations and Securities, court fees, Current issues, destruction of unregistered leases, directors and indemnities, District Court appointment (NSW), electronic contracts, electronic signatures, email contracts, environmental law, environmental offences and penalties, estoppel, fishing and shark culling, Hon Dean Mildren AM RFD QC, Ian Jackman, IM Jackman, Justice Brigitte Markovic, Justice Rachel Pepper, Justice Robert McClelland, Justice Stephen Estcourt, Kerrie Sadiq, Lea Armstrong, Lighting by Design (Aust) Pty Ltd v Cannington Nominees Pty Ltd (2007) WASC 88, loss or damage from misstatement or omission in disclosure document, market reaction to subsequent disclosures, market-based causation, materiality on an ex ante basis, Michael Christie SC, misleading or deceptive conduct, Office of the Director of Public Prosecutions (ODPP), parol evidence rule, patentable subject matter, Personalia, Peter Butt, Peter George Underwood AC, Principles of Taxation Law 2015, prisoners, Productivity Commission on Access to Justice Arrangements report, Re Shen [2015] NSWCATCD 49, Recent cases, retroactive validity of approvals (WA), Robert Baxt AO, Ruth Higgins, s 180 of the Property Law Act 1974 (Qld), s 28 of the Environmental Planning and Assessment Act 1979 (NSW), s 88K of the Conveyancing Act 1919 (NSW), solitary confinement, specialist child sexual assault judges, Stellard Pty Ltd v North Queensland Fuel Pty Ltd [2015] QSC 119, Steven Rares, subsequent trading activity and price movements, unwilling landowners, windfarm, writing requirements | Leave a response

Australian Law Journal update: November 2014

By journals team on November 20, 2014

The November Part of the Australian Law Journal includes the following articles: “Equity: The soul and spirit of all law or a roguish thing? – Lehane Lecture 2014” – Lord David Neuberger; and “ACCC compulsory examinations: Does the “accusatorial” principle of criminal justice affect them?” – Peter Strickland; and the following sections: Current Issues; Conveyancing and Property; Crime and Evidence; Around the Nation: Northern Territory; Administrative Law; Around the Nation: Western Australia; Personalia; Corporations and Securities; International Focus; and Recent Cases.

Posted in Australian Law Journal, The (ALJ), Update Summaries | Tagged ACCC, accusatorial principle, Acting Justice Peter W Young AO, administrative law, Around the Nation: Northern Territory, Around the Nation: Western Australia, Chief Justice Paul de Jersey AC QC, Chief Justice Timothy Carmody, compulsory examinations, Conveyancing and property, Corporations and Securities, Crime and Evidence, criminal justice, Current issues, equity, forced labour, Hon Dean Mildren AM RFD QC, International focus, Justice Debbie Mortimer, Justice Jacqueline Gleeson, Justice Jennifer Davies, Justice Jonathan Beach, Justice Kenneth Martin, Justice Melissa Perry, Justice Michael Wigney, Justice Phillip Priest, Justice Richard White, Justice Tony Pagone, Lehane Lecture 2014, Lord David Neuberger, Personalia, Peter Butt, Peter Strickland, Recent cases, Robert Baxt AO, Ryszard Piotrowicz, Sienna Merope, Uniform Evidence Act | Leave a response

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