Justice François Kunc

Australian Law Journal update: Vol 94 Pt 12

By Journal Alerts on December 29, 2020

The latest Part of the Australian Law Journal contains the following articles: “Responsible Jurimetrics: A Reply To Silbert’s Critique Of The Victorian Court Of Appeal” – Brian Opeskin and Gabrielle Appleby; “Directors’ Duties In A Post-Hayne World: “The Company” As More Than The Sum Of Its Shareholders” – Philip Sales; “Some Reservations About The Use Of Artificial Intelligence In Sentencing Decisions” – Adrian Staples; and “100 Years Of Speaking: Gender Equality Among Barristers Before The High Court” – Winsome Hall and George Williams. This Part also includes the following sections: Current Issues; Letter to the Editor; Conveyancing and Property; Around the Nation: Northern Territory; Class Actions; Recent Cases; and Book Review.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged 100 Years Of Speaking: Gender Equality Among Barristers Before The High Court, 130 Years of Sydney University Law School, A History of Criminal Law in New South Wales Volume 2: The New State 1901–1955, Adrian Staples, Adverse Possession – Alive and Well in Sydney, ALJ, Angelina Gomez, Appellant Sentenced to Imprisonment Served by Periodic Detention, Appellant Unlawfully Imprisoned for 82 Days Following Sentence, Around the Nation: Northern Territory, articles, artificial intelligence assisting judges with sentence determination, AustLII Turns 25, book review, Brendan Edgeworth, Brian Opeskin, civil society, class actions, Compensatory Principle and Counterfactual Analysis, Contingency Fees (Group Costs Orders) in Victoria after BMW Australia Ltd v Brewster, Conveyancing and property, Court's performance, criminal decisions of the Victorian Court of Appeal (VCA), current Australian sentencing practises, Current issues, Directors' Duties In A Post-Hayne World: "The Company" As More Than The Sum Of Its Shareholders, Do We Need a Parliament?, false imprisonment, Farewell RBG and Welcome ACB, female barristers, Gabrielle Appleby, GD Woods, George Williams, Hon Dean Mildren AM RFD QC, how decision-making by companies can be incentivised, imposition of duties on company directors, Jesse Cumberland's High Court Case "Zooms-in" on Procedural Fairness and Residual Discretion, Justice François Kunc, Justice Michael B J Lee, letter to the editor, managing tensions between shareholder interests and those of creditors employees consumers and the environment, participation of women as advocates before the High Court of Australia, Philip Sales, Recent cases, regulation, Responsible Jurimetrics: A Reply To Silbert's Critique Of The Victorian Court Of Appeal, Robert Angyal SC, role of intermediate courts of appeal, Ruth C A Higgins SC, setting the environment for commercial activity, Snapshot of Chinese Land Law: Real Rights Transfer and In/defeasible Title, Some Reservations About The Use Of Artificial Intelligence In Sentencing Decisions, taxation, That Was the Year That Was, The Curated Page, The Final Obsequies for the Bell Litigation, The Launch of the Digital Law Association, Two New High Court Appointments, Where Appellant's Imprisonment Would Otherwise Have Lawfully Occurred, Whether Appellant Entitled to Substantial Compensatory or Vindicatory Damages, Whether Award of Only Nominal Damages Appropriate, Winsome Hall | Leave a response

Australian Law Journal update: Vol 94 Pt 11

By Journal Alerts on November 13, 2020

The latest Part of the Australian Law Journal contains the following articles: “Engineers: One Hundred Years Old And Still Going Strong: A Commentary” – The Hon Sir Anthony Mason AC KBE GBM QC; “The Continued Legacy Of The Engineers Case: A Dynamic Approach To Federal Power” – Rosalind Dixon and Brendan Lim; “”Wait[ing] For The Heavens To Fall”: The Engineers Case And Intergovernmental Immunity” – Sarah Murray; “Money Had And Received – And Retained? The Role Of Retention At Notice For Personal Common Law Liability” – Eleanor Makeig; and “Justifying Trade Restrictions Under s 92 Of The Australian Constitution: A Comparative Law-Based Proposal For A Coherent Doctrine” – Csongor István Nagy. This Part also includes the following sections: Current Issues; Around the Nation: Northern Territory; Family Law; Class Actions; Statutory Interpretation; and Technology and the Law.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged "Wait[ing] For The Heavens To Fall": The Engineers Case And Intergovernmental Immunity, Accountability in the Age of Artificial Intelligence: A Right to Reasons, ALJ, Appointment of Sonia Brownhill SC as a Judge of the Supreme Court, Around the Nation: Northern Territory, articles, Australian constitutional law, Black v Freedman, Brendan Lim, class actions, common law claim and equitable personal liability, Commonwealth powers, comparative analysis of federal markets, Constitution and British principles, Csongor István Nagy, Current issues, Does a Family Court Judge Have Power to Refer Financial Proceedings to Mediation?, Eleanor Makeig, electronic filing, Engineers: One Hundred Years Old And Still Going Strong: A Commentary, family law, Hon Dean Mildren AM RFD QC, Impact of COVID-19 on Academia, Justice François Kunc, Justice Michael B J Lee, Justifying Trade Restrictions Under s 92 Of The Australian Constitution: A Comparative Law-Based Proposal For A Coherent Doctrine, Lyria Bennett Moses and Anna Collyer, Money Had And Received – And Retained? The Role Of Retention At Notice For Personal Common Law Liability, New Assistant Editor, Online Publications, Pedantic Points, Professor Nicholas Aroney, public interest analysis under s 92, Restoration of Jury Trials, Richard Ingleby, Rosalind Dixon, Sarah Murray, State intergovernmental immunities, Statutory interpretation, Statutory Interpretation and Dictionaries, Technology and the Law, The Continued Legacy Of The Engineers Case: A Dynamic Approach To Federal Power, The Curated Page, The Hon John Basten, The Hon Sir Anthony Mason AC KBE GBM QC, The View from the Academy, volunteer's primary liability under the common law claim for money had and received, When Does a Person Have a "Claim" under s 33c of the Federal Court of Australia Act? | Leave a response

Australian Law Journal update: Vol 94 Pt 10

By Journal Alerts on October 6, 2020

The latest Part of the Australian Law Journal contains the following articles: “”Personal Information” And Group Data Under The Privacy Act 1988 (Cth)” – Mark J Taylor; “Consumer Privacy And Consent: Reform In The Light Of Contract And Consumer Protection Law” – Damian Clifford and Jeannie Paterson; “Liability Of Platforms Under Australian Privacy Law” – David Lindsay; “Another Push For An Australian Privacy Tort: Context, Evaluation And Prospects” – Normann Witzleb; “The Confidentiality Of Journalists’ Sources In Police Investigations: Privacy, Privilege And The Freedom Of Political Communication” – Rebecca Ananian-Welsh and Joseph Orange; and “Privacy Class Actions” – Michael Rivette. This Part also includes Current Issues.

Posted in Australian Law Journal, The (ALJ), Journals, Uncategorized, Update Summaries | Tagged "Personal Information" And Group Data Under The Privacy Act 1988 (Cth), ACCC reform, ALJ, Another Push For An Australian Privacy Tort: Context Evaluation And Prospects, articles, Australian Competition and Consumer Commission's report on Digital Platforms, Australian Consumer Law strengthening the protection for consumers, concerns about the collection and use of consumer data, consent-based mechanisms, consumer privacy, Consumer Privacy And Consent: Reform In The Light Of Contract And Consumer Protection Law, Current issues, Damian Clifford, data governance, data relating to multiple persons (group data), David Lindsay, Digital Platforms Inquiry report, enforcement of privacy rights, ensuring consumer consent, Evans v Health Administration Corporation, information that relates to identified or identifiable persons, Jeannie Paterson, Justice François Kunc, liability of platform operators under the Privacy Act 1988 (Cth) and the action for breach of confidence, Liability Of Platforms Under Australian Privacy Law, Mark J Taylor, Michael Rivette, Normann Witzleb, pleading of existing and emerging causes of action, Privacy and the Law, Privacy and the Law - Introduction by guest editor of this issue Professor Megan Richardson, Privacy Class Actions, privacy threats posed by platforms, protecting press freedom and law enforcement, protection from potentially harmful uses of group data in a modern information economy, remedy for breach, response to mass privacy breaches, statutory privacy tort, The Curated Page, trade-off between individual and public interests | Leave a response

Australian Law Journal update: Vol 94 Pt 8

By Journal Alerts on September 17, 2020

The latest Part of the Australian Law Journal contains the following articles: “Sir Leo Finn Bernard Cussen: The Centenary of a High Court Tragedy – Part 2” – Paulina Fishman; “The Evolution from Strict Liability to Negligence: When And Why? – Part 1” – Anthony Gray; and “The Land and Environment Court of New South Wales: A Very Short History of an Environmental Court in Action” – Hon Justice Brian J Preston. This Part also includes the following sections: Current Issues; Admiralty and Maritime; Around the Nation: Western Australia; Class Actions; and Book Reviews.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged "act at peril" philosophy, 40 Years of the NSW Land and Environment Court, A Constitutional Centenary, administrative tribunal, Admiralty and Maritime, Admiralty Jurisdiction Reform in India, ALJ, Angelina Gomez, Another Perspective on Legal Life during the Pandemic, Anthony Gray, Around the Nation: Western Australia, articles, Book reviews, class actions, common law, Current issues, Dr Damien J Cremean, fault-based liability, Hon Justice Brian J Preston, Jeffrey Barnes, John Eldridge, Justice François Kunc, Justice Kenneth Martin, Justice Michael B J Lee, Keith Mason, liability lies where it falls, Limitations on the Scope of a Court's Power to Make Any Order it thinks appropriate under s 33ZF or s 183: The High Court's Decision in the Brewster and Lenthall Cases, Paulina Fishman, Pivoting in a Pandemic: A New Clerk’s Insights, Sexual Harassment and the Judiciary, Sir Frederick Jordan: Fire under the Frost, Sir Leo Finn Bernard Cussen: The Centenary of a High Court Tragedy – Part 2, Sir Owen Dixon's Legacy, specialist environmental court, strict liability, superior court of record, The Coherence of Statutory Interpretation, The Curated Page, The Evolution from Strict Liability to Negligence: When And Why? – Part 1, The Land and Environment Court of New South Wales: A Very Short History of an Environmental Court in Action, Timothy Pilkington, Tort Law, tort of private nuisance, tort of strict liability, Western Australia v Harvey [2019] WASC 261 | Leave a response

Australian Law Journal update: Vol 94 Pt 9

By Journal Alerts on September 17, 2020

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 | Leave a response

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

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