The latest Part of the Australian Law Journal contains the following articles: “Towards a Normative Standard of Administrative Justice: Themes and Principled Tensions” – Amy Elton; “A Lawyer by Any Other Name: The Restrictions on Unqualified Legal Practice in Australia” – Katie Murray; and “John Fletcher Hargrave – A Chronicle of Australia’s First Law Lecturer” – Dr Alan Davidson.
This Part also includes the following sections: Current Issues: “When Public Interest Is and Is Not in the Public Interest”; “Impermissible Communications between Judges and Counsel”; “Ensuring Female Judges Are Not Interrupted”; “Developments in Four Matters of Continuing Interest”; and “Launch of the 2021 Special Issue”; Letter to the Editor: “The Crown in Australia”; Around the Nation: Tasmania: “The Battle for Trial by Jury”; Family Law: “Arbitration Clauses in Financial Agreements”; Human Rights: “The Human Rights Implications of Vaccine Passports”; and New Zealand: “A House Divided? The Māori Language, National Anthems and the Construction of a National New Zealand Identity”.
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”.
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.
The latest Part of the Australian Law Journal contains the following articles: “Not worth the paper they’re not written on? Executing documents (including deeds) under electronic documentation platforms: Part B” – Diccon Loxton; “Burqas and Niqabs in the courtroom: Finding practical solutions” – Renae Barker. This Part also includes the following sections: Current Issues; Conveyancing and Property; Constitutional Law; Around the Nation: Western Australia; International Focus; Recent Cases and Book Reviews.
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.
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
The latest Part of the Journal of Law and Medicine features a special issue on the topic of commercial surrogacy, prefaced with an “Introductory note” by Chief Judge John H Pascoe and followed by five articles which examine some areas of development, regulation and debate: “The regulation of commercial surrogacy: The wrong answers to the wrong questions” – Anita Stuhmcke; “Responsive regulation of cross-border assisted reproduction” – Jenni Millbank; “Commercial surrogacy and the human right to autonomy” – Ronli Sifris; “Genes and gestation in Australian regulation of egg donation, surrogacy and mitochondrial donation” – Karinne Ludlow; “The Family Courts and parentage of children conceived through overseas commercial surrogacy arrangements: A child-centred approach” – Adiva Sifris.
This Part also includes the following sections: Guest Editorial: “Commercial surrogacy: What role for law in Australia?” – Ronli Sifris, Karinne Ludlow and Adiva Sifris; Legal Issues: “Defining seclusion and restraint: Legal and policy definitions versus consumer and carer perspectives” – Cath Roper, Bernadette McSherry and Lisa Brophy; Medical Issues: “The dangers of dementia: Getting the balance right” – Ross Bicknell, Joseph Ibrahim, Lyndal Bugeja and David Ranson; Bioethical Issues: “Lecretia Seales and aid in dying in New Zealand” – Grant Gillett; Nursing Issues: “The role of observation and feedback in enhancing performance with medication administration” – Karen Davies, Charles Mitchell and Ian Coombes; Medical Law Reporter: “Myriad voices against gene patents in the High Court” – Lucas McCallum and Thomas Faunce; and Letter to the Editor. Also in this Part are the following articles: “Medical and scientific authorship: A conflict between discipline rules and the law” – Elizabeth Adeney; “Foetal Alcohol Spectrum Disorders: A consideration of sentencing and unreliable confessions” – Heather Douglas; “Cutting the cord: Can society over-invest in extremely premature and critically impaired neonates?” – Neera Bhatia; “Nazi medical experiments on Australian prisoners of war: Commentary on the testimony of an Australian soldier” – George M Weisz; “A problem of modernity: Dual burial plots, the right to inter, and the interrelationship between the two” – Lynden Griggs; and “Our Father who art in prison: Conviction and rehabilitation for Australian Catholic clergy who are child sexual offenders” – Mike O’Connor. There is also a Book Review of “Critically Impaired Infants and End of Life Decision Making” – by Neera Bhatia.
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.