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.
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
THE CAPITAL PUNISHMENT DEBATE FOLLOWING THE DEATHS OF ANDREW CHAN AND MYURAN SUKUMARAN SHOULD SHIFT TO THE UNITED STATES by Mirko Bagaric, Dean of Law School, Deakin University The executions of Andrew Chan and Myuran Sukumaran for drug trafficking by the Indonesian authorities was cruel and futile. The Australian government and much of the community is rightly ...more
The latest Part of the Australian Law Journal includes the following articles: “The United States and the Australian Constitution: Influence of US Constitutional model on development and interpretation of the Australian Constitution” – Kathleen Morris and James Allsop AO; and “Reassessment of Robert Menzies’ contribution in the Engineers Case” – Gerard Carney . Also in this part are the following sections: Current Issues; Letter to the Editor; Conveyancing and Property; Personalia; Family Law; Human Rights; Recent cases; and Book Reviews.
The last Part for Volume 88 of the Australian Law Journal includes the following articles: “The defaulting executor” – Hon Peter W Young AO QC; and “Equity’s obligation to perform: Efficient breach and the inadequacy of common law damages” – Samuel Kang and James Nguyen. Also in this Part are the following sections: Current Issues; Conveyancing and Property; Family Law; Environmental Law; Personalia; Admiralty and Maritime; Overseas Law; Human Rights; Administrative Law; and Recent Cases.
The latest Part of the Australian Law Journal includes the following articles: “The best interests duty and the standard care for superannuation trustees” – Paul Collins; ““Confusion hath now made his masterpiece”: Federal jurisdiction, State tribunals and constitutional questions” – Gim Del Villar and Felicity Nagorcka; “Reading words into statutes: When Homer nods” – Stephen Lumb and Sharon Christensen; and the following sections: Current Issues; Conveyancing and Property; Human Rights; Constitutional Law, Admiralty and Maritime; Equity and Trusts; Corporations and Securities; Recent Cases; Book Reviews and an Obituary for Hon Barry O’Keefe AM QC.