Australian Law Journal update: Vol 95 Pt 3
The latest Part of the Australian Law Journal contains the following articles: “Seriously Considering ‘Seriously Considered Dicta’: Precedent after Farah Constructions” – Bernice Chen; and “Leadership Spill Rules from the Constitutional Perspective” – Greg Taylor. This Part also includes the following sections: Current Issues: “Options for the Voice to Parliament Released”; “From ‘young’ to ‘one’ by Proclamation”; “Constitutional Unwritten ‘norms’ in the United States”; “Courtroom Drama in England”; and “The Curated Page”; Conveyancing and Property: “Ben-Pelech v Royle: Adverse Possession Alive and Well in Western Australia”; Admiralty and Maritime: “‘World in a Box’ What Legal Issues Might Yet Need to Be Resolved and by What Mechanism?”; Equity and Trusts: “When Is an Express Trust Not a ‘Trust’?”; Family Law: “Pell v The Queen, Unacceptable Risk and Relevant Findings as to the Risk of Harm”; Recent Cases: “Negligence – Public Authorities – Costs – Plaintiff Succeeded against Council and Trust but Failed against State and Grandparents – Trial Judge Declined to Make Bullock or Sanderson Order – Whether Error in Failing to Find That Council Caused Plaintiff to Join Other Parties – Non-acceptance of Calderbank Letter – Whether Trial Judge Erred in Making Partial Indemnity Costs Order”; and Book Reviews: “Church, State and Family: Reconciling Traditional Teachings and Modern Liberties”, by John Witte; “Victor Windeyer’s Legacy – Legal and Military Papers”, edited by Bruce M Debelle AO QC; “Interpreting Executive Power”, by Janina Boughey and Lisa Burton Crawford (eds); “The Foundations and Future of Public Law”, by Elizabeth Fisher, Jeff King and Alison L Young (eds); “Statutory Interpretation in Private Law”, by Prue Vines and M Scott Donald (eds); “Rectification of Documents”, by John Tarrant; and “Lord Devlin”, by Justice John Sackar.
Australian Journal of Administrative Law update: Vol 27 Pt 3
This Part includes the following articles: “Vexatious Applicant, Vexatious Application or Something Else? Dealing with Difficult Applicants under Freedom of Information Laws in Australia” – Mick Batskos; “The Value of Adjudicative Independence: Overlapping Conceptions of Administrative Justice in the Administrative Appeals Tribunal’s Review of Visa Cancellations” – Dr Chantal Bostock; and “The Blue Sky Effect: A Repatriation of Judicial Review or a Search for Flexibility?” – Simon Young. Also in this Part are the following sections: Editorial: “Soft Law and Liability in Tort”; Current Issues: “Letters to the Queen”; and Book Reviews: “More Essential (for Lawyers) Than Toilet Paper”, by Janina Boughey, Ellen Rock and Greg Weeks – Reviewed by Bruce Dyer; and “Interpreting Executive Power”, edited by Janina Boughey and Lisa Burton Crawford – Reviewed by Dr Maria O’Sullivan.
The Queensland Lawyer update: Vol 38 Pt 4
The latest Part of The Queensland Lawyer includes the following content: “Tidal Boundaries in Queensland: Theories, Principles, and Some Not So Ordinary Rules” – Dr Chris Boge; “Does Property Held by a Bankrupt on Trust Vest in the Bankrupt’s Trustee in Bankruptcy?” – Bill Dixon; and the following Sections: Editorial; Administrative Law: “Natural Justice and the Bias Rule: CNY17 v Minister for Immigration and Border Protection [2019] HCA 50” – Bill Lane; Commercial Law: “Effect of Payment of Life Insurance Premiums with Stolen Money: Hanson v Goomboorian Transport Pty Ltd [2019] QCA 41” – Clive Turner; Criminal Law: “Witnesses called by the Court” – A M West; Industrial Law: “Glass v Workers’ Compensation Regulator [2020] ICQ 001: The Connection between Injury and Employment” – Kristy Richardson; and Book Reviews.
Australian Journal of Administrative Law update: Vol 27 Pt 1
This Part includes the following articles: “Judicial Review of the Fast-track Asylum Seeker Assessment Process” – Tim Peyton; and “A(nother) New Unreasonableness Framework for Canadian Administrative Law” – Janina Boughey. Also in this Part are the following sections: Editorial: “The Ongoing Quest to Define a Duty of Consistency”; Casenote: “CNY17 v Minister for Immigration and Border Protection [2019] HCA 50” – Stephen Tully; Speech: “Delivering Reasons in the Tribunal Context” – The Hon Justice A S Bell; and Book Review: “Administrative Redress in and out of the Courts, by Greg Weeks and Matthew Groves (eds)” – Reviewed by Dr Maria O’Sullivan.
Public Law Review update: Vol 30 Pt 1
The latest Part of the Public Law Review includes the following content: Comments: “Prisoner Voting in New Zealand’s Supreme Court” – Andrew Geddis; “Declarations of Inconsistency Under the New Zealand Bill of Rights Act 1990” – Philip A Joseph; “Breaking the Silence: New Zealand’s Courts and Parliament after Attorney-General v Taylor” – Léonid Sirota; the following Articles: “The Centrality of Jurisdictional Error: Rationale and Consequences” – Lisa Burton Crawford and Janina Boughey; “Popular Sovereignty, ‘the People’ and the Australian Constitution: A Historical Reassessment” – Benjamin B Saunders and Simon P Kennedy; “Res Judicata at the Administrative Appeals Tribunal: Re-opening the Case” – Matthew Paterson; and Developments.
Australian Journal of Administrative Law update: Vol 26 Pt 1
This Part includes the following articles: “Standards of Appellate Review in Public Law Australia” – Kristina Stern and Georgina Westgarth; “Deliberation and Automation – When is a Decision a ‘Decision’?” – Yee-Fui Ng and Maria O’Sullivan; and “Re-thinking Bias in the Age of Automation” – Sarah Lim. Also in this Part are the following sections: Editorial; Current Issues; and Book Review.
Australian Journal of Administrative Law update: Vol 25 Pt 4
This Part includes the following articles: “Judicial Review is Dead – Long Live Judicial Review!” – Justice Rachel Pepper; “Cyber-insecurity: Data Breaches, Remedies and the Enforcement of the Right to Privacy” – Rose Dlougatch; and “What Probuild Says about Statutory Interpretation” – Steven Gardiner. Also in this Part are the following sections: Editorial; Current Issues; Casenote: Minister for Immigration & Border Protection v Egan [2018] FCAFC 169; and Book Reviews.
Australian Law Journal update: Vol 93 Pt 1
The latest Part of the Australian Law Journal contains the following articles: “Interest Rates in Dispute Resolution: Comparing Simple Statutory Interest Against Compound Indices” – Ashton East; “An Asset Shared can be a Problem Doubled: Assignment of Causes of Action by a Liquidator” – Judge Robert Harper; and “The Difference between ss 84 and 85 of the Uniform Evidence Acts” – Greg Taylor. This Part also includes the following sections: Current Issues; Conveyancing and Property; Technology and the Law; Recent Cases; and Book Reviews.
The Queensland Lawyer update: Vol 38 Pt 1
The latest Part of The Queensland Lawyer includes the following content: “Priority Notices In, Settlement Notices Out” – William Dixon; “Of Mantraps and Spring Guns: Section 327 of the Criminal Code (Qld) in the 21st Century” – Xavier Goffinet, Harriet Lomas, James Meehan, Alexander Moore and Andreas Schloenhardt; and the following Sections: Criminal Law: “Re-Opening A Guilty Plea” – A M West; Industrial Law: “Breach of Duty of Care: Failure to Establish a Safe System of Work” – Dr Kristy Richardson; and Book Reviews. There is also a Report on the the following case: Johnston v Safaris CC.
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Public Law Review update: Vol 31 Pt 4
The latest Part of the Public Law Review includes the following content: Comments: “Brett Cattle: New Limits on Delegated Law-making Powers?” – Janina Boughey; “‘Rights’-based Judicial Review of Secondary Legislation – A New Zealand View of Brett Cattle” – Ross Carter; “Brett Cattle: A New Lease on Life for Misfeasance?” – Ellen Rock; New Zealand’s Legal Response to COVID-19: A Symposium: “Introduction” – Janet McLean; “Law, Luck and Lessons (Un)Learned: New Zealand Emergency Law from Canterbury to COVID-19” – John Hopkins; “Judicial Deference and Emergency Power: A Perspective on Borrowdale v Director- General” – Claudia Geiringer and Andrew Geddis; “Interpreting Pandemic Powers: Qualifications to the Principle of Legality” – Hanna Wilberg; “Government Expression and the COVID-19 Pandemic: Advising, Nudging, Urging, Commanding” – Dean R Knight; the following Articles: “The Court Services Victoria Act 2014 (Vic): Disappointed Expectations?” – Donald Speagle; “Military Intervention in Australian Industrial Action” – Samuel White; “The Principle of Legality and s 32(1) of the Victorian Charter: Is the Latter a Codification of the Former?” – Bruce Chen; and Developments.