Justice François Kunc

Australian Law Journal update: Vol 94 Pt 7

By Journal Alerts on July 27, 2020

The latest Part of the Australian Law Journal contains the following articles: “Algorithmic Decision-Making and Legality: Public Law Dimensions” – Dr Will Bateman; “Sir Leo Finn Bernard Cussen: The Centenary of A High Court Tragedy – Part 1” – Paulina Fishman; and “Limitation and The Return of Trust Property” – Jonathon Moore QC. This Part also includes the following sections: Current Issues; Conveyancing and Property; Around the Nation: Western Australia; Technology and the Law; Personalia; Recent Cases; and Book Reviews.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged ALJ, Anna Collyer, Around the Nation: Western Australia, Brendan Edgeworth, Conveyancing and property, COVIDSafe – Legal Issues, Current issues, Emily Vale, If Only Caveats Could Speak, Jensen v Nationwide News Pty Ltd (No 13) [2019] WASC 451, Justice François Kunc, Justice Jacinta Forbes, Justice Kenneth Martin, Justice Richard Cavanagh, Justice Sandra Duggan, Justice Terence Sheahan AO, Life in the Law in the Time of COVID-19 – A View from the Middle, Lyria Bennett Moses, More Notes from a Time of Pandemic, New South Wales, Personalia, Recent cases, Robert Angyal SC, Ruth C A Higgins SC, Technology and the Law, The COVID-19 Pandemic and Courts as Essential Services, The Curated Page, Victoria | Leave a response

Australian Law Journal update: Vol 94 Pt 6

By Journal Alerts on June 25, 2020

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 | Leave a response

Australian Law Journal update: Vol 94 Pt 5

By Journal Alerts on May 20, 2020

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 | Leave a response

Australian Law Journal update: Vol 94 Pt 4

By Journal Alerts on April 24, 2020

The latest Part of the Australian Law Journal contains the following articles: “The Law Of Sorcery In Madayin” – Dr Danial Kelly; “Strategies For Avoiding A Jurisdiction Clause In International Litigation” – James O’Hara; “The Qualification To The Birthright Doctrine And Beyond: The Judicial Attitude To Adapting The Common Law To Australian Conditions” – Dr Sonali Walpola. This Part also includes the following sections: Current Issues; Conveyancing and Property; Class Actions; Equity and Trusts; and Around the Nation: Tasmania.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged ALJ, Arnhem Land in the Northern Territory of Australia, Around the nation: Tasmania, articles, Brendan Edgeworth, class actions, colonial birthright, Conveyancing and property, Cryptoassets: Property or Not?, Current issues, dispute resolution venue, Dr Danial Kelly, Dr Sonali Walpola, equity and trusts, Introduction, James O’Hara, Justice François Kunc, Justice Mark Leeming, Justice Michael B J Lee, Justice Stephen Estcourt AM, Recent Developments in Security for Costs Applications in Class Actions, Robert Angyal SC, Six Differences between Trustees and Company Directors, Solar Panels and Restrictive Covenants, Strategies For Avoiding A Jurisdiction Clause In International Litigation, The Case for Principled and Practical Propensity Evidence Reform, The Curated Page, The Law Of Sorcery In Madayin, The Mason – Dixon Line, The Qualification To The Birthright Doctrine And Beyond: The Judicial Attitude To Adapting The Common Law To Australian Conditions | Leave a response

Australian Law Journal update: Vol 94 Pt 3

By Journal Alerts on March 30, 2020

The latest Part of the Australian Law Journal contains the following articles: “Equity and the Modern Forfeiture Rule” – Samantha Hepburn; “Shining a Light on the Dark Corners of Philanthropy: The Next Step in the ACNC Regulation Project” – Amanda R Lekamge; and “Climate Activism and the Extraordinary Emergency Defence” – Dr Nicole Rogers. This Part also includes the following sections: Current Issues; Letter to the Editor; Conveyancing and Property; Family Law; Class Actions; and Obituary.

Posted in Australian Law Journal, The (ALJ), Journals, Uncategorized, Update Summaries | Tagged ACNC regulation project, ALJ, Amanda R Lekamge, articles, Australian Charities and Not-for-profits Commission, Brendan Edgeworth, Case Management: Never Mind the Quality, charities in Australia, class actions, Climate Activism, Conveyancing and property, Current issues, Dark corners of philanthropy, Dr Nicole Rogers, Electronic Conveyancing in Australia: Recent Developments, Equity and the Modern Forfeiture Rule, Extraordinary Emergency Defence, family law, Feel the Width?, Flood and Fire and Famine, High Court Says CF-No. Sort of, Ivan Anthony Shearer, Justice François Kunc, Justice Michael B J Lee, letter to the editor, Obituary, Richard Ingleby, Robert Angyal SC, Samantha Hepburn | Leave a response

Australian Law Journal update: Vol 94 Pt 2

By Journal Alerts on March 20, 2020

The latest Part of the Australian Law Journal contains the following articles: “Mahla Pearlman Oration 2018: Advocacy Lawyering – Client Responsibility And Change Agendas” – The Hon Robert French AC; “Limitation Period For Breach By A Trustee Of The “Self-Dealing” And “Fair-Dealing” Rules” – Daniel Butler; and “Anti-Suit Injunctions In Aid Of Legal Or Equitable Rights” – Daniel Reynolds. This Part also includes the following sections: Current Issues; Conveyancing and Property; Competition and Consumer Law; Tehnology and the Law; Crime and Evidence; Recent Cases; and Book Reviews.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged Advocacy Lawyering, ALJ, Anna Collyer, Anti-Suit Injunctions In Aid Of Legal Or Equitable Rights, articles, Book reviews, Brendan Edgeworth, Client Responsibility And Change Agendas, competition and consumer law, Contractual Consistency is Key in Conveyancing, Conveyancing and property, Crime and Evidence, Current issues, Daniel Butler, Daniel Reynolds, Digital Platforms and Australian Law, Encounters with Constitutional Interpretation and Legal Education Essays in Honour of Michael Coper Editor James Stellios, EU Antitrust Policy Leads the Way on Digital Platforms, Indefeasibility for Registered Mortgages, James Stellios, John Kettle, Justice François Kunc, Justice Phillip Priest, Lawyers and the Black Box of Technology, Limitation Period For Breach By A Trustee Of The "Self-Dealing" And "Fair-Dealing" Rules, Lyria Bennett Moses, Mahla Pearlman Oration 2018, Michael Coper, Peter Devonshire, Playford Vineyard v Wishford Nominees, Recent cases, restitution, Robert Angyal SC, Rohan Havelock, Ruth C A Higgins SC, Technology and the Law, The Curated Page, The Future Is Here Today, The Hon Robert French AC, The Impact of Equity and Restitution on Commerce, Trial by Judge Alone: Time for a Rethink?, unjust enrichment, Where Land Owners and Builder Entered into Contract to Which Domestic Building Contracts Act 1995 (Vic) Applied, Whether Builder Entitled to Recover in Restitution as Alternative to Claim in Damages for Breach of Contract, Whether Contract Price Operated as Ceiling on Amount Recoverable by Way of Restitution, Work and Labour Done | Leave a response

Australian Law Journal update: Vol 94 Pt 1

By Journal Alerts on February 20, 2020

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 | Leave a response

Australian Law Journal update: Vol 93 Pt 12

By Journal Alerts on December 29, 2019

The latest Part of the Australian Law Journal contains the following articles: “Penalty Privilege in Non-curial Proceedings: The Decision in Frugtniet ” – Simon Frauenfelder; and “Collective Best Interests in Strata Collective Sales” – Edward S W Ti. This Part also includes the following sections: Current Issues; Letter to the Editor; Constitutional Law; Statutory Interpretation; New Zealand; Around the Nation: Northern Territory; Personalia; Recent Cases; and Book Review.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged A New Link across the Tasman, Administrative Appeals Tribunal, ALJ, An End-of-Year Innovation, Anne Twomey, Around the Nation: Northern Territory, articles, book review, Brexit, Chief Justice of New Zealand, Collective Best Interests In Strata Collective Sales, Commonwealth, Compulsory Retirement Age for Judges Increased to 72, constitutional law, Constitutional Law (Cth), Current issues, defamation, Dicey on Brexit and the Conservative Nature of Referendums, Edward S W Ti, Emily Vale, Hon Dean Mildren AM RFD QC, Implied Freedom of Communication on Governmental and Political Matters, Indonesian Law, Justice François Kunc, Justice Jennifer Hill, Justice John Snaden, Justice Matthew Palmer, Justice Stewart Anderson, Justice Wendy Abraham, letter to the editor, Liability of Media Company Owner of Public Facebook Page for Comments by Third Party Users, Migration Agents Registration Authority v Frugtniet, New South Wales’ strata regime, New Zealand, penalty privilege, Penalty Privilege In Non-Curial Proceedings: The Decision In Frugtniet, Personalia, Publication, Recent Bill of Rights Cases in New Zealand: From Toupee to Tooth Decay, Recent cases, Referendums, Ruth C A Higgins SC, Simon Butt, Simon Frauenfelder, ss 10(1) 13(11) and 15(1) of Public Service Act, Statute and the Common Law, Statutory interpretation, The Curated Page, The Hon John Basten, The Hon John Dowsett AM QC, The Right Honourable Dame Helen Winkelmann GNZ, three-factor test, Tim Lindsey, Western Australia | Leave a response

Australian Law Journal update: Vol 93 Pt 11

By Journal Alerts on November 29, 2019

The latest Part of the Australian Law Journal contains the following articles: “Recognition in Keeping with the Constitution” – The Hon Murray Gleeson AC; “Court-referred Alternative Dispute Resolution and Judicial Education in Australia: Perspectives from the Bench” – Nicky McWilliam, Jennifer Tridgell and Hannah Bell; and “Beware the Double-edged Sword: When Private Regulation (By-laws) Seeks to Limit Freehold Land Rights (Short-term Holiday Letting in Multi-owned Properties)” – Melissa Pocock. This Part also includes the following sections: Current Issues; Letter to the Editor; Conveyancing and Property; Constitutional Law; Around the Nation: Western Australia; Personalia; and Book Review.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged ALJ, Anne Twomey, Around the Nation: Western Australia, Body Corporate for Hilton Park CTS 27490 v Colin Robertson (Hilton Park v Robertson), book review, Brendan Edgeworth, Byrne v Owners of Ceresa River Apartments Strata Plan 55597 (Ceresa), CADR, Commonwealth Religious Freedom Legislation, Constitution, constitutional law, Conveyancing and property, Court-Referred Alternative Dispute Resolution, Current issues, DG Robertson QC, Eckart J Brödermann, Emily Vale, Equitable Easements, Fair Trading Amendment (Short-term Rental Accommodation) Act 2018 (NSW), Freehold Land Rights, Hannah Bell, Ideal Business Centres, In Personam Rights and Indefeasibility, Jeffery v Western Australia [2018] WASCA 219, Jennifer Tridgell, Justice Angus Stewart, Justice Darren Jackson, Justice François Kunc, Justice Kenneth Martin, Justice Mark Ierace, Justice Michael O’Bryan, Justice Thomas Bradley, Law Reporting in New South Wales, letter to the editor, Liability of the State, Melissa Pocock, Misconduct of Police Officers, MOP, multi-owned properties, Nicky McWilliam, O’Connor (Senior) v Proprietors, Owners Corporation PS 501391P v Balcombe, Owners Corporations Amendment (Shortstay Accommodation) Act 2018 (Vic), Personalia, Practical Legal Training Program, Private Regulation, prorogation, religious freedom, Robert Angyal SC, Senior Counsel Appointments, Sexual Assault Convictions, Simon Bronitt, South Australian Court of Appeal, Strata Plan No 51 (Pinnacle), The Curated Page, The Hon Murray Gleeson AC, Torrens system, UNIDROIT Principles of International Commercial Contracts, Unregistered Leases, Untenable Defence Case Theory, Violin Holdings, W(h)ither Law Reporting, Western Australia v Cunningham (No 3) [2018] WASCA 207 | Leave a response

Australian Law Journal update: Vol 93 Pt 10

By Journal Alerts on October 14, 2019

The latest Part of the Australian Law Journal contains the following articles: “Causation in Australian Securities Class Actions: Searching for an Efficient But Balanced Approach” – Michael Duffy; “Thinking Machines and Smiley Faces” – Justice Stephen Estcourt AM and Ms Karen Marr; and “The Nature of Recaption” – James O’Hara. This Part also includes the following sections: Current Issues; Conveyancing and Property; Family Law; Class Actions; Admiralty and Maritime; Recent Cases; Books Received; and Book Review.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged Administrative Redress in and out of the Courts Essays in Honour of Robin Creyke and John McMillan, Admiralty and Maritime, ALJ, ALRC "radical" recommendation, AMP competing class actions, Angelina A Gomez, book review, books received, Brendan Edgeworth, C Ronalds, Caroline Sappideen, Carter Holt Harvey Woodproducts Australia Pty Ltd v Commonwealth (2019) 93 ALJR 807, causation in securities class actions, class actions, Contract and the Australian Consumer Law, Conveyancing and property, Current issues, defects in title reconsidered, Discrimination Law and Practice, Dr Damien J Cremean, duties of solicitors and conveyancers, E Raper, e-conveyancing, Elder Law: A Guide to Working with Older Australians, Essays in Honour of Chief Justice French, family law, G Weeks, H Jackson, Indonesian Law, Intermediation and Beyond, J Elridge, J Payne, J Tarrant, James O’Hara, Jesting Pilate and Other Papers and Addresses by The Rt Hon Sir Owen Dixon, JM Bennett, judicial bullying policies, Justice François Kunc, Justice Martin Hinton resigned, Justice Michael BJ Lee, Justice Stephen Estcourt AM, JW Carter, Karen Williams, L Chan, L Gullifer, Lawyer X, legal aid funding in NSW, Legal and Equitable Property Rights, Lives of the Australian Chief Justices Sir Francis Villeneuve Smith, M Groves, M Tooma, market-based causation, Michael Duffy, MS Donald, Ms Karen Marr, nature of recaption, NW Barber, P Vines, piracy sabotage and terrorism, RC Solomon, Recent cases, Richard Ingleby, Robert Angyal SC, Ruth CA Higgins SC, S Butt, S Crennan, Safety Security Health and Environment Law, shareholder class actions, Sir Owen Dixon Legacy, Statutory Interpretation in Private Law, Sue Field, T Lindsey, T Pilkington, The Curated Page, The Principles of Constitutionalism, thinking machines for judicial decision-making, Vale Professor Ivan Shearer AM RFD, W Gummow, Xu v IAG New Zealand Ltd [2019] NZSC 68 | Leave a response

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