Australian Law Journal update: Vol 95 Pt 5
The latest Part of the Australian Law Journal contains the following articles: “Estoppel And Enforcement Of International Arbitration Awards” – Richard Garnett; “Defamation: Serious Harm And Contextual Truth” – James O’Hara; and “Towards A Coherent Sentencing Jurisprudence For Animal Cruelty Offences” – Gabrielle Wolf, Mirko Bagaric and Jane Kotzmann. This Part also includes the following sections: Current Issues: “The Rule of Law”; “Coercive Control”; and “The Curated Page”; Around the Nation: Tasmania: “Hobart’s Supreme Court Buildings”; Family Law: “Section 114AB: Semantics and Chaos”; Human Rights: “Major UN Review of Australia’s Human Rights Record”; New Zealand: “End of Life Choice: Coming to New Zealand by the Road Less Travelled”; and Recent Cases: “Trade and Commerce – Misleading and Deceptive Conduct – Unconscionable Conduct – Procuring Breach of Fiduciary Duty – Equity – Fiduciaries – Duty – Breach – Contract – Breach of Contract – Joint Venture – Termination”.
Journal of Law and Medicine update: Vol 28 Pt 2
This Part of the Journal of Law and Medicine includes the following articles: “The Regulation and Governance of Clinical Trials: Past and Present Considerations to Ensure Ethical Treatment of Human Participants” – Grace Borsellino, Patrick Foong and Sonia Allan; “Scientific Uncertainty and Guarantee of Supply of Medicines and Healthcare Products during the Crisis Caused by the SARS-CoV-2 in Spain” – Carlos del Castillo-Rodríguez and Silvia Enríquez-Fernández; “Parental Refusal of Treatment and Children’s Rights in Nigeria” – Titilayo Oyenihun Aderibigbe and Amarachi Chizaram Okonkoh; “Guiding Genomic Research: Australia’s National Statement on Ethical Conduct in Human Research” – Belinda Bennett, Elizabeth Dallaston, Fiona McDonald, Andrew McGee, Shih-Ning Then and Bethany Allen; “Australia after Bawa-Garba: Does Reflective Learning Remain Tenable for Health Care Practitioners?” – Christopher D Mills; “Epidemiology of Offences against Health in the Republic of Kazakhstan: 2015–2019” – Oxana Tsigengagel, Nataliya Glushkova, Vugar Mammadov, Zaituna Khismetova, Meruert Gazaliyeva, Zhanara Ibrayeva and Yuliya Semenova; “The Doctrine of Double Effect and Potential Criminal Liability of Medical Practitioners in Australia” – Scott Davison; “The Strategy of Evaluation Automatism for Disability Assessment: A Pragmatic Choice to Simplify the Decision-making Process in the Italian Welfare System” – Giuseppe Consolazio; “Australian Medicare Benefits” – Bachier Mawassi; “Workers’ Compensation, Return to Work, Behavioural Health and COVID-19 in Australia” – Robert Guthrie, Robert Aurbach and Marina Ciccarelli; and “‘Equality’, the ‘Capability Approach’ and the Ethical Health Care Paradigm: The Interface” – Abhay Vir Singh Kanwar and Mia Mahmudur Rahim.
Also in this Part are the following sections: Editorial: “Human Challenge Trials: Ethical and Legal Issues for COVID-19 Research” – Ian Freckelton QC; Legal Issues: “Sex Therapy as a Reasonable and Necessary Support for Persons with a Disability” – Ian Freckelton QC; Nursing and Midwifery Issues: “Patients’ Access to Care During COVID-19 and the Role of Nurse Practitioners in Australia” – Jane Currie; Public Health Law Issues: “COVID-19: Public Health Emergency Powers and Accountability Mechanisms in Australia” – Paula O’Brien and Eliza Waters; Genomic Law Issues: “Pathways, Processes and Protections: Australia’s Clinical and Direct-to-Consumer Genetic Testing Spaces” – Jan Charbonneau and Dianne Nicol; Health Law Reporter: “Supported Decision-Making for People Living with Dementia: An Examination of Four Australian Guardianship Laws” – Meredith Blake, Cameron Stewart, Pia Castelli- Arnold and Craig Sinclair; and Book Review: “The Assassination of Barbara O’Neill”, by Michael O’Neill.
Australian Law Journal update: Vol 94 Pt 6
The latest Part of the Australian Law Journal contains the following articles: “Regulating Forensic Science And Medicine Evidence At Trial: It’s Time For A Wall, A Gate And Some Gatekeeping” – Gary Edmond; “Detouring “Business As Usual”: Alternative Pathways Through The Australian Legal System For Individuals And Communities Seeking Action On Climate Change” – Jordan Elliott and Amy Maguire; and “The First 24 Years Of The Victorian Court Of Appeal In Crime” – Gavin Silbert QC. This Part also includes the following sections: Current Issues; Corporations and Securities; Family Law; International Focus; and Books Received.
Australian Law Journal update: Vol 90 Pt 12
The latest Part of the Australian Law Journal includes the following articles: “Unconscionability and promissory estoppel” – Acting Justice Peter Young AO; and “Human rights and business lawyers: The 2011 watershed” – John Southalan. Also in this Part are the following sections: Current Issues; Conveyancing and Property; Around the Nation: Australian Capital Territory; Around the Nation: Queensland; Around the Nation: Victoria; Competition and Consumer Law; Recent Cases (Prince Alfred College Inc v ADC; Façade Treatment Engineering Pty Ltd (In liq) v Brookfield Multiplex Constructions Pty Ltd; R (Ingenious Media Holdings plc) v Commissioners for HMRC); and Book Reviews.
Australian Law Journal update: Vol 90 Pt 11
The latest Part of the Australian Law Journal includes the following articles: “Procedural Fairness: The Age of Legitimate Expectation is Over” – Naomi Sharp; and “His or Her Duty to Keep Secret” – Julie Kinross and Peter Davis QC.
Also in this Part are the following sections: Current Issues; Conveyancing and Property; From the Law Schools; Human Rights; Equity and Trusts; Admiralty and Maritime; Recent Cases; Books Received; Book Reviews: “Scholarly Misconduct: Law, Regulation, and Practice” by Ian Freckelton QC; “When Doctors and Parents Disagree: Ethics, Paediatrics and the Zone of Parental Discretion” by Rosalind McDougall, Clare Delany and Lynn Gillam; “Australian Domain Name Law” by Alpana Roy; and “Ten Years of the Civil Procedure Act 2005 (NSW): A Decade of Insights and Guide to Future Litigation” by Miiko Kumar and Michael Legg; and an Obituary tribute to the late James Donald Merralls AM, QC, written by J H Karkar QC.
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
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.
Special issue on commercial surrogacy published in the Journal of Law and Medicine
A special issue on commercial surrogacy features in the December 2015 issue (Vol 23, Pt 2) of the Journal of Law and Medicine. In an introductory note to the special issue, Chief Judge John Pascoe of the Federal Circuit Court of Australia comments that the: fundamental issue for any community in relation to surrogacy is ...more
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