The latest Part of the Australian Law Journal contains the following articles: “Aboriginal Australians and the Common Law” – The Honourable Margaret Beazley AC QC; “The Rise of the Anti-arbitration injunction” – Justice AS Bell; and “The Requirement of Property or Possessory Rights for Relief against Forfeiture” – Fabian Di Lizia. This Part also includes the following sections: Current Issues: “Rethinking COVID-19 State Border Closures”; “From the Law Schools – A New Editor”; “Excluded: The Democratic Deficit in Interstate Border Closures”; and “The Curated Page”; From the Law Schools: “Australian Legal Education – Moving Forward in 2021”; Admiralty and Maritime: “Admiralty and Maritime and the South China Sea”; Technology and the Law: “Designing for Consumers: Australian Competition and Consumer Commission v Google LLC (No 2)”; Family Law: “A Financial Agreements Conundrum”; and International Focus: “Australia’s New Foreign Relations Legislation”.
Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged A Financial Agreements Conundrum, Aboriginal Australians and the Common Law, Aboriginal identity and sovereignty, Aboriginal interaction with the common law, Admiralty and Maritime, Admiralty and Maritime and the South China Sea, ALJ, articles, Australia's New Foreign Relations Legislation, Australian Legal Education – Moving Forward in 2021, colony of New South Wales, contractual power, Current issues, Designing for Consumers Australian Competition and Consumer Commission v Google LLC (No 2), Dr Damien J Cremean, Emeritus Professor David Barker, Excluded: The Democratic Deficit in Interstate Border Closures, Fabian Di Lizia, family law, From the law schools, From the Law Schools – A New Editor, International focus, Justice AS Bell, Justice François Kunc, Lyria Bennett Moses, Mabo v Queensland (No 2), possessory rights, Professor Stuart Kaye, property rights, relief grant, Rethinking COVID-19 State Border Closures, Richard Ingleby, Technology and the Law, The Curated Page, The Honourable Margaret Beazley AC QC, The Requirement of Property or Possessory Rights for Relief against Forfeiture, The Rise of the Anti-arbitration injunction |
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 |
The latest Part of the Australian Law Journal contains the following articles: “What Remains Of The Engineers Case? A Centenary Appraisal” – Nicholas Aroney; “The Evolution From Strict Liability To Negligence: Implications For The Tort Of Private Nuisance – Part 2” – Anthony Gray; and “Pandemic Justice – An Historical Perspective” – The Honourable Justice John Logan RFD. This Part also includes the following sections: Current Issues; Conveyancing and Property; Admiralty and Maritime; New Zealand; International Focus; and Personalia.
Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged 1919 Spanish influenza, A Letter to the Commonwealth Attorney-General, administration of justice in Australia during the COVID-19 global pandemic, Admiralty and Maritime, ALJ, Anthony Gray, articles, Associate Justice Julian Hetyey, balanced interpretive approach, Brendan Edgeworth, Civil Justice Reform in New Zealand, Conveyancing and property, Coronavirus, COVID-19, Current issues, Dr Damien J Cremean, Emily Vale, fault-based system of liability, Fraud the In Personam Exception and Enforcing the Undertakings of Predecessors, High Court decisions, International focus, International Inquiries and Fact-finding in International Law, Justice Frances Williams, Justice François Kunc, Justice Mark Livesey, Justice Matthew Palmer, Justice Peter Callaghan, New Zealand, Nicholas Aroney, O’Connor J, Pandemic Justice – An Historical Perspective, Personalia, Power Candour and Decency in the Law, Professor Stuart Kaye, Queensland, Reflecting on Recent Events, Robert Angyal SC, Ruby Princess, Salvage and Voluntariness, Senior Counsel Appointments, Some Rights and Liabilities of Co-owners, South Australia, strict liability, Tasmania, The Curated Page, The Evolution From Strict Liability To Negligence: Implications For The Tort Of Private Nuisance – Part 2, The Honourable Justice John Logan RFD, Thinking about Judicial Independence, tort of negligence, tort of private nuisance, Victoria, What Remains Of The Engineers Case? A Centenary Appraisal |
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.
Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged admissibility standards, ALJ, Angelina A Gomez, articles, Beth Nosworthy, books received, Can a Family Court Judge Use the Associated Jurisdiction to Hear an Appeal against a Departure Prohibition Order?, community-driven climate action, Corporations and Securities, criminal jurisdiction, Current issues, Detouring "Business As Usual": Alternative Pathways Through The Australian Legal System For Individuals And Communities Seeking Action On Climate Change, emissions reduction efforts, Envisioning a Model for a Voice to the Parliament for Aboriginal and Torres Strait Islander Peoples, family law, forensic science and medicine evidence in Australian criminal proceedings, Gary Edmond, Gavin Silbert QC, human rights, International focus, Jordan Elliott and Amy Maguire, Justice François Kunc, land use and development in Australia, local level climate action, New Corporations and Securities Law Section Editor, Other Things Go On, Pell v The Queen, Port Access and Assistance to Cruise Ships during the COVID-19 Pandemic, Professor Stuart Kaye, Regulating Forensic Science And Medicine Evidence At Trial: It's Time For A Wall A Gate And Some Gatekeeping, Richard Ingleby, The Corporations Act and Climate Change – Appetite for Change?, The Curated Page, The First 24 Years Of The Victorian Court Of Appeal In Crime |
The latest Part of the Australian Law Journal contains the following articles: “Dixonian Legalism and its Adherents: Assessing the Place for Policy Choices under “Strict and Complete Legalism” in Theory and Practice” – Ned Hirst; “Discrimination Against Employees of Religious Schools in Australia, US and the EU – A Comparison in Light of Human Rights and Deliberative Democracy” – Robert Mężyk; and “Resolving Conflicts at the Interface of Public and Private Law” – Ellen Roc. This Part also includes the following sections: Current Issues; Conveyancing and Property; Environmental Law; International Focus; and Obituary: The Hon John Cain.
Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged 2018 Religious Freedom Review, ALJ, Amalgamated Society of Engineers v Adelaide Steamship Co Ltd, articles, Brendan Edgeworth, Commonwealth, Conveyancing and property, COVID-19 and the Legislative Drafters, Current issues, Discrimination Against Employees of Religious Schools in Australia US and the EU – A Comparison in Light of Human Rights and Deliberative Democracy, Dixonian Legalism and its Adherents: Assessing the Place for Policy Choices under "Strict and Complete Legalism" in Theory and Practice, Ellen Rock, environmental law, Gifts: Conditional or Not? – Flourentzou v Spink, International focus, Justice François Kunc, Justice Rachel Pepper, Law in the Time of Coronavirus, legislative specification of permissible discrimination grounds, literalist paradigm, Melbourne Corporation v Commonwealth, Ned Hirst, New South Wales, Northern Territory, Obituary, Owen Dixon, Professor Stuart Kaye, Queensland, Resolving Conflicts at the Interface of Public and Private Law, Robert Angyal SC, Robert Mężyk, significant environmental decisions of the Federal Court, South Australia, Tasmania, The Curated Page, The Hon John Cain, Vale Solatium?, Victoria, War Crimes in Afghanistan: Could Australian Soldiers Face Prosecution at the International Criminal Court?, Western Australia |
The latest Part of the Australian Law Journal contains the following articles: “An Australian International Commercial Court – Not A Bad Idea Or What A Bad Idea?” – The Hon Justice A S Bell; “Australia’s “Abhorrent Violent Material” Law: Shouting “Nerd Harder” And Drowning Out Speech” – Evelyn Douek; and “Rituals Of Engagement: What Happens To The Ring When An Engagement Is Called Off?” – James Duffy, Elizabeth Dickson and John O’Brien. This Part also includes the following sections: Current Issues; Family Law, International Focus, Around the Nation: Victoria; Book Review; and Obituary.
Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged "Should the Jury Decide?" – A Multi-disciplinary Summit, Adrienne Stone, ALJ, Angelina Gomez, Around the Nation: Victoria, Australian international commercial court, AVM Act, book review, Cheryl Saunders, Cohen v Sellar, Criminal Code Amendment (Sharing of Abhorrent Violent Material) Act 2019, Current issues, engagement ring, Enhancing the Contribution of Legal Academics to the Development of Australian Law, family law, financial agreement, Graham v Squibb, International focus, Justice Clyde Croft AM, Justice François Kunc, law, marriage, Modern Slavery Legislation in Australia, Obituary, Professor Stuart Kaye, Regional Convention on the Recognition of Higher Education Qualifications, regulation of leases, Richard Ingleby, Science and Medicine in Summit, The Curated Page, The Hon Jane Hamilton Mathews AO, The Hon Justice A S Bell, The Oxford Handbook of the Australian Constitution, The Year Ahead, Toh v Su, When An Engagement Is Called Off |
The latest Part of the Australian Law Journal contains the following articles: “Enforcement of Foreign Judgments: Does an Issue Estoppel Arise from a Foreign Court’s Determination of its Own Jurisdiction?” – Dan Butler; “‘Seeking Equal Dignity without Discrimination’ – The Australian Human Rights Commission and the Handling of Complaints” – Emeritus Professor Rosalind Croucher AM; “Alternative Facts in the Courts” – The Hon Justice Stephen Gageler AC; and “Exploring New and Old Ideas about Estoppel and Election” – The Hon K R Handley QC. This Part also includes the following sections: Current Issues; Around the Nation: Victoria; Family Law; International Focus; Admiralty and Maritime; Competition and Consumer Law; Personalia; Recent Cases; and Obituary.
Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged (2016) 90 Australian Law Journal 190 page 204, Admiralty and Maritime, ALJ, alternative versions of a fact, amendments to the International Arbitration Act 1974 (Cth), arbitration clauses and the High Court, Around the Nation: Victoria, ASIC's and APRA's attitudes to enforcement, Australia and Timor-Leste conciliation and maritime boundary treaty, climate change and the law, competition and consumer law, competitive neutrality and state aid, complaint handling role of the Australian Human Rights Commission (AHRC), constitutional law, corrigendum, Current issues, Dan Butler, Dr Damien J Cremean, Dr Nuncio D’Angelo, Emeritus Professor Michael Coper AO, Emeritus Professor Rosalind Croucher AM, Emily Vale, enforcement of foreign judgments, family law, good faith in contracts, International focus, issue estoppel, John Kettle, Justice Andrew Bell, Justice Clyde Croft AM, Justice Crennan, Justice Elizabeth Wilson, Justice Lea Armstrong, Justice Patricia Henry, new and old ideas about estoppel and election, new International Law Editor for ALJ, Obituary, Part IVA of the Federal Court of Australia Act 1976 (Cth), Personalia, politics and the rule of law, pollution of the seas and admiralty, Professor Stuart Kaye, Recent cases, religious freedom, representative proceedings, review of franchising law, Richard Ingleby, Ruth C A Higgins SC, Stanford v Stanford (2012) 247 CLR 108, The Curated Page, The Hon Justice Stephen Gageler AC, The Hon K R Handley QC |
The Australian Law Journal is pleased to welcome Professor Stuart Kaye as the new Section Editor of the International Focus column, taking over from Professor Ryszard Piotrowicz who will be working on his last column in the December issue. Stuart Kaye is Director and Senior Professor of Law at the University of Wollongong within the Australian National Centre for Ocean Resources and Security. He was formerly a Dean and Winthrop Professor of Law at the University of Western Australia, and held a Chair in Law at the University of Melbourne from 2006 to 2010. He completed his degrees in arts and law from the University of Sydney, and completed his doctorate in law at Dalhousie University. He is admitted as a barrister of the Supreme Courts of New South Wales, Tasmania, and Queensland.
The latest Part of the Australian Law Journal contains the following articles: “A Royal Prerogative to Black Swans?” – Kent Blore; “Extradition Treaties: The Vagaries of their Status under Australian Law” – Shannon Cuthbertson; and “Social Entrepreneurs: An Evaluation of the Pty Ltd Company from a Corporation’s Law and Taxation Law Perspective” – Dr Marina Nehme and Professor Fiona Martin.This Part also includes the following sections: Current Issues; Conveyancing and Property; Equity and Trusts; International Focus; Recent Cases; and Book Reviews.
Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged ALJ, ALJ and UQ Conference on Religious Freedom, Angelina Gomez, Australia's extradition treaties, book review, Brendan Edgeworth, Conveyancing and property, Current issues, Dr Marina Nehme, equity and trusts, for-profit social entrepreneurs, International focus, Isin v Ozen, Justice François Kunc, Justice Mark Leeming, Kent Blore, Lisa Burton Crawford, Pipikos v Trayans, prerogative to black swans, Professor Fiona Martin, Recent cases, Robert Angyal SC, royal prerogative of Commonwealth and State governments, Ruth C A Higgins SC, Ryszard Piotrowicz, Shannon Cuthbertson, social entrepreneurs in Australia, The Rule of Law and the Australian Consitution |
The latest Part of the Australian Law Journal contains speeches presented at the ALJ’s 90th Anniversary celebrations in the Banco Court of the NSW Supreme Court; a welcome to the co-editors of the “Conveyancing and Property Section” upon the retirement of Emeritus Professor Peter Butt; and a look back at the beginnings of the Journal, as covered by the press and media outlets of the day, in a fascinating piece by the Hon Justice Reginald Barrett. This Part contains the following articles: “The in personam exception to Torrens indefeasibility” – Hon William Gummow AC; “Artificial Intelligence in the courts, legal academia and legal practice” – Lyria Bennett Moses; “Taking advantage of advances in technology to enhance the rule of law” – Robert Size. It also includes the following sections: Current Issues; Letters to the Editor; Conveyancing and Property; International Focus; Competition and Consumer Law; Recent Cases; Book Reviews and Obituary.
Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged 90th anniversary, ALJ, Andrew Lynch, Angelina Gomez, artificial intelligence, Aubrey v The Queen (2017) 91 ALJR 601; [2017] HCA 18, Australia’s Greatest Judicial Crisis: The Tim Carmody Affair, Australian Competition and Consumer Commission, Australian Law Journal 90th Anniversary Celebration in Banco Court NSW, banking, beneficial statutes, Book reviews, Brendan Edgeworth, Carl Olson, competition and consumer law, Conveyancing and property, criminal law, Current issues, data analytic tools, easements, electronic litigation platforms, expert systems, Gabrielle Appleby, Greater Shepparton City Council v Clarke [2017] VSCA 107, Hon William Gummow AC, human trafficking, in personam exception, International focus, Jacob Agam v BNP Paribas SA [2017] SGCA(I) 01, Judge C G Weeramantry AM, Justice François Kunc, legislative power over land, Letters to the Editor, Lyria Bennett Moses, media press coverage of the ALJ, National Action Plan to Combat Human Trafficking and Slavery 2015-2019, negligence, new Conveyancing and Property section editors, Obituary, online learning, online resources, Peter Butt, Professor Megan Davis, R Debus, Rebecca Ananian-Welsh, Recent cases, Robert Angyal SC, Robert Baxt AO, Robert Size, Ruth C A Higgins, Ryszard Piotrowicz, Senator the Hon George Brandis QC, Supreme Court of New South Wales Annual Conference 2016, technological advances, Torrens indefeasibility, trafficking in human beings (THB), Uluru Statement from the Heart, UN Security Council |
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