Justice François Kunc

Australian Law Journal update: Vol 92 Pt 2

By Journal Alerts on April 20, 2018

The latest Part of the Australian Law Journal contains the following articles: “Security for Costs in Unfunded Federal Class Actions: Back to the Future” – Vince Morabito and Naomi Hatcher; and “The Unresolved Problem of Expert Evidence” – Thomas Kearney. This Part also includes the following sections: Current Issues; Conveyancing and Property; Statutory Interpretation; The Legal Observer; Personalia; Family Law; and Recent Cases.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged ALJ, Australian Law Reform Commission, Brendan Edgeworth, Chief Justice Marilyn Warren, class actions without commercial litigation funders support, constructional choice, Conveyancing and property, costs of expert evidence, Current issues, Emily Vale, excessive costs and inappropriate correspondence, executive policies on entry of foreign nationals, expert evidence, Fair Work (Registered Organisations) Act 2009 (Cth), family law, Hate Speech Law reform, High Court Judge James Edelman, increasing the minimum age of criminal responsibility, Industrial Relations: Fair Work Act 2009 (Cth), institutional responses to child sexual abuse, Justice François Kunc, Justice John Byrne AO RFD, leases and certainty of duration requirement, McNab v Graham [2017] VSCA 352, Michael Pelly, migration: protection visas, Modern Slavery Law reform, Naomi Hatcher, new Commonwealth Attorney-General, OPCAT ratified, Personalia, potential for expert bias, Queensland, Recent cases, relief for proprietary estoppel, Richard Ingleby, Robert Angyal SC, Ruth C A Higgins SC, Statutory interpretation, The Hon John Basten, The Legal Observer, third party litigation funding in class actions, Thomas Kearney, Victoria, Vince Morabito | Leave a response

Australian Law Journal update: Vol 92 Pt 1

By Journal Alerts on March 8, 2018

The latest Part of the Australian Law Journal contains the following articles: “Creation of the Federal Court: A Reflection” – Hon Sir Gerard Brennan AC KBE GBS; “Characterisation: Its place in Contractual Analysis and Related Enquiries” – James Allsop; “Gender Equality among Barristers before the High Court” – Daniel Reynolds and George Williams. This Part also includes the following sections: Current Issues; Around the Nation: Victoria; Environmental Law; Equity and Trusts; Family Law; Recent Cases; Books Received and Book Reviews.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged "The Human Dimension to Bankruptcy" conference, ALJ, Allens Hub for Technology Law and Innovation, Anne Twomey, Barwick's bankruptcy, Brendan Edgeworth, Clare Langford, constitutional law, Conveyancing and property, Current issues, dissatisfaction with the Australian judicial system, Emily Vale, equity and trusts, ex parte candour, Family Law Act 1975 (Cth) Pt viiia, Hon Justice Andrew Greenwood, influence or unconscionable conduct, informal wills and testamentary competence, Justice François Kunc, Justice Mark Leeming, K M Hayne, Obituaries, practice and costs, pre-nuptial and post-nuptial agreements, Robert Angyal SC, Ruth C A Higgins, same-sex marriage law reform, solictors' liens and set-off, Test in R v Ghosh [1982] QB 1053, The Hon Anthony Whealy QC, The Honourable Rosemary Balmford AM, The Rt Hon Sir Ninian Martin Stephen PC KG AK GCMG CGVO KBE QC, Transparency International Australia and National Integrity Body, United Kingdom: Gambling Act 2005 (UK) s 42, voluntary assisted dying (Vic), Wilkie v Commonwealth and Re Canavan | Leave a response

Australian Law Journal update: Vol 91 Pt 12

By Journal Alerts on December 18, 2017

The latest Part of the Australian Law Journal includes the following articles: “Paciocco in the High Court: Penalties and Late Payment Fees” – J G H Stumbles; and “Australian Rules: A Survey of the High Court of Australia on Construction Law 1965-2016” – Professor John Sharkey AM. Also in this Part are the following sections: Current Issues; Letters to the Editor; Conveyancing and Property; Personalia: Commonwealth, New South Wales and Queensland; Admiralty and Maritime; and Recent Cases.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged 30 Years of the Judicial Commission of NSW, Aboriginal Languages Act 2017 (NSW), Administration Act 1903 (WA), Admiralty Act 1988 (Cth) s 6(b), Admiralty and Maritime, Airbnb short-term letting in strata schemes, ALJ, Brendan Edgeworth, Canada, Cavendish and ParkingEye litigation, Claimant Suing in Negligence as Result of Motor Vehicle Accident, Clare Langford, Commonwealth Constitution s 44(i), Commonwealth Government responds to the Referendum Council's Report, Commonwealth Redress Scheme for victims of institutional child sexual abuse, constitutional law, Construction Law 1965-2016, Conveyancing and property, Current issues, Dr Damien J Cremean, Dual Citizenship, IBA, J G H Stumbles, Justice David Graham Thomas, Justice François Kunc, Justice Guy Parker, Justice Helen Bowskill, late payment fees and penalties, new approach to statutory interpretation, Paciocco in High Court, parking and easements, parliamentary elections, Personalia, President Walter Sofronoff, Probate, Professor John Sharkey AM, Recent cases, recommended national standards for working with interpreters in courts and tribunals, Robert Angyal SC, Ruth C A Higgins SC, same-sex marriage law reform, What Constitutes Mental Injury, Where Referred Persons Elected to Commonwealth Parliament, Whether Wrongdoer Can Benefit Indirectly as a Result of Crime | Leave a response

Australian Law Journal update: Vol 91 Pt 11

By Journal Alerts on November 30, 2017

The latest Part of the Australian Law Journal includes the following articles from the joint ALJ and AAL national Conference on “The Future of Australian Legal Education”: “Why Lawyers Need a Broad Social Education” – Prof Martha C Nussbaum; and “Regulating Admissions: Are We There Yet?” – Emeritus Prof Sandford D Clark. Also in this Part are the following sections: Current Issues; Conveyancing and Property; Statutory Interpretation; Recent Cases; and Book Reviews.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged A History of Australian Legal Education, AAL Conference, ACCC v Cement Australia Pty Ltd [2017] FCAFC 159, acting judges, Alcohol (Minimum Pricing) (Scotland) Act 2012, ALJ, Angelina Gomez, book review, Brendan Edgeworth, broad social education for lawyers, Brown v Tasmania [2017] HCA 43, Commonwealth appointments, Constitutionally Protected Jurisdiction of the Supreme Court, Conveyancing and property, Criminal Justice Report of the Royal Commission, David Barker, Equitable Compensation and Disgorgement of Profit, Family Law System review, Implied Freedom of Political Communication in Workplaces, Insolvent Trading and Fraudulent Trading in Australia – Regulation and Context, institutional responses to child sexual abuse, Jason N E Varuhas, John Gooley, joint and several penalties, Justice François Kunc, Kaldas v Barbour [2017] NSWCA 275, Martha C Nussbaum, Mitchell Gooley, Murphy papers, NSW Law Reform Commission, Principles on the Imposition of Pecuniary Penalties under Competition and Consumer Act 2010 (Cth), purchase of real property by foreign residents, purchasers' withholding and remittance, regulating admissions to law schools, Robert Angyal SC, Ruth C A Higgins SC, Sandford D Clark, Scotch Whisky Association v The Lord Advocate [2017] UKSC 76, Simone Degeling, Solicitors’ Statistics 2016, Statutory interpretation, Tax and Superannuation Laws Amendment (2015 Measures No 6) Act 2016 (Cth), The Future of Australian Legal Education Conference, The Hon John Basten, UK Judicial Review Proportionality and Validity, Validity of Ombudsman Act 1974 (NSW) and Police Act 1990 (NSW), Workplaces (Protection from Protesters) Act 2014 (Tas) | Leave a response

Australian Law Journal update: Vol 91 Pt 10

By Journal Alerts on November 17, 2017

The latest Part of the Australian Law Journal includes the following articles: “Conscience, Fair-Dealing and Commerce: Parliaments and the Courts” – Chief Justice James Allsop AO; and “The Decline and Fall of Australia’s Law Reform Institutions – And the Prospects of Revival” – Hon Michael Kirby AC CMG. Also in this Part are the following sections: Current Issues; Conveyancing and Property; Around the Nation: Victoria; Competition and Consumer Law; Recent Cases; and Book Reviews.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged ALJ, Anderson v Anderson [2017] NSWCA 131, Angelina Gomez, Around the Nation: Victoria, Australian Marriage Law Postal Survey, Ben Kremer, Book reviews, Brendan Edgeworth, charitable status of professional regulation, Chief Justice James Allsop AO, competition and consumer law, Conveyancing and property, Current issues, Dr J M Bennett AM, estoppel, fair-dealing in commerce, Foreign Currency – Claims Judgment and Damages, Gabrielle Appleby, George Palmer QC, Gregory Tolhurst, Hon Michael Kirby AC CMG, J A Watson, John Basten, John Carter, John Kimbell, John Knott, joint tenancies, Justice Clyde Croft, Justice François Kunc, Keith Mason, law reform commissions, Mason & Carter’s Restitution Law in Australia, Michael Howard, Miller Heiman Pty Ltd v Sales Principles Pty Ltd [2017] NSWCA 106, modern slavery, moral obloquy and unconscionability, Music and the Law, native title, Northern Territory v Griffiths [2107] FCAFC 106, NSW Bar Association strategic plan, Nuncio D’Angelo, Paraskevy Kontoleon, Peter MacFarlane, Peter W Young AO QC, Priestley v Priestley [2017] NSWCA 155, Recent cases, Robert Angyal SC, Robert Baxt AO, Rosalind Dixon, Ruth C A Higgins, same-sex marriage law reform, Sir Frederick Darley: Sixth Chief Justice of New South Wales 1886-1910, statutory age for judicial retirement, The Critical Judgments Project – Re-reading Monis v The Queen, The Duty to Account – Development and Principles | Leave a response

Australian Law Journal update: Vol 91 Pt 9

By Journal Alerts on September 20, 2017

The latest Part of the Australian Law Journal contains the following articles: “Subrogation to the Trustee’s Personal Right of Indemnity” – Ahmed Terzic; “Family Provision Applications: A Critique” – Anthony Gray; “Family Provision Law in New South Wales: Celebrating its Centenary” – Tihana Mandic. This Part also includes the following sections: Current Issues; Conveyancing and Property; Around the Nation: Northern Territory; Crime and Evidence; Family Law; The Legal Observer (“Playing Politics with the Politicians”); Corporations and Securities; Recent Cases; and Book Reviews.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged Ahmed Terzic, Alan Robertson, ALJ, Angelina Gomez, Anthony Gray, Around the Nation: Northern Territory, ASIC v Flugge [No 2] [2017] VSC 117, Baxter Roberts, Book reviews, Brendan Edgeworth, caveats, Conveyancing and property, Corporations and Securities, Crime and Evidence, Current issues, Eli Ball, Enrichment at the Claimant’s Expense: Attribution Rules in Unjust Enrichment, family law, family provision applications, family provision law, gifts in contemplation of death, Greg Weeks, Hon Dean Mildren AM RFD QC, Hugh Selby, Interpretation of International Investment Treaties, J C Campbell QC FAAL, Jacobs’ Law of Trusts in Australia, John Dyson Heydon, Judicial Review of Administrative Action and Government Liability, Julian R Murphy, Justice François Kunc, Justice Phillip Priest, Kanaga Dharmananda SC, Keith Mason AC QC, Local Court of the Northern Territory, Mark Aronson, Mark James Leeming, Matthew Groves, Michael Pelly, Northern Territory Civil and Administrative Tribunal, Paul Bennett, Prosecuting, Raymond Gibson, Recent cases, recording conversations, Richard Ingleby, Robert Angyal SC, Robert Baxt AO, Ruth C A Higgins, s 44 of the Constitution, short-term lettings in strata developments, Specialist Courts for Sentencing Aboriginal Offenders: Aboriginal Courts in Australia, subrogation to the trustee's personal right of indemnity, Tarcisio Gazzini, tendency evidence, Testator’s Family Maintenance and Guardianship of Infants Act 1916 (NSW), The Legal Observer, Tihana Mandic, unfair testamentary provisions | Leave a response

Australian Law Journal update: Vol 91 Pt 8

By Journal Alerts on August 24, 2017

The latest Part of the Australian Law Journal contains the following articles: “Crime Commissions and Compulsory Examinations: Whither the Right to Silence?” – Hon T F Bathurst AC and Sarah Schwartz; “Ramifications of the Recognition of a Common Fund in Australian Class Actions: An Early Appraisal” – Michael Legg; “The Case Against a National Court of Appeal” – Shawn Rajanayagam. This Part also includes the following sections: Current Issues; Letter to the Editor; Conveyancing and Property; The Legal Observer; Personalia; Around the Nation: Tasmania; Corporations and Securities; From the Law Schools; Admiralty and Maritime; Recent Cases; Book Reviews; and Obituary.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged Accommodating Muslims Under Common Law, Admiralty and Maritime, ALJ, ALRC – Elder Abuse – A National Legal Response, Angelina Gomez, appellate hierarchy, Around the nation: Tasmania, Arthur R Emmett AO QC, Australian Securities and Investment Commission, Book reviews, Brendan Edgeworth, Carolyn Rogers, Clare Langford, class actions, common fund, Community Protection Offender Register, compulsory examinations, contempt of court by politicians, Conveyancing and property, Corporations and Securities, Crime Commissions, Current issues, Darren C Kane, Deborah Healey, Doping in Sport and Law, Dr Damien J Cremean, From the law schools, Gabrielle Appleby, Ghena Krayem, Hon T F Bathurst AC, John Riordan, judicial independence, Justice François Kunc, Justice Stephen Estcourt AO, letter to the editor, M J Beazley AO, Michael Legg, Michael Pelly, National Court of Appeal, Obituary, personal views in judicial decisions, Personalia, Peter Birks, power of sale, privilege against self-incrimination, Professor Michael Coper, Recent cases, right to silence, risk of sex offending, Robert Angyal SC, Robert Baxt AO, Role of the Solicitor-General, Ruth C A Higgins, Salim Farrar, Sarah Schwartz, Senior Registrar of the High Court, Shawn Rajanayagam, slot charters, statutory duty of care on mortgagees, surrogate ship arrest, The Hon Justice Stephen Gageler AC, The Legal Observer, The Roman Law of Obligations, Ulrich Haas, W Sofronoff | Leave a response

What Every Lawyer Should Know

By Journal Alerts on August 23, 2017

The Future of Australian Legal Education conference was successfully co-hosted by The Australian Law Journal and the Australian Academy of Law, on 11-13 August at the Federal Court of Australia, Sydney. Professor Martha C. Nussbaum, the Ernst Freund Distinguished Service Professor of Law and Ethics at the University of Chicago Law School, presented the keynote speech to open a weekend of lively discussion and debate on themes influencing the future of lawyers and law schools in Australia, including: “What every lawyer should know”; “Digital technology and its impact on teaching, learning and legal practice”; “New skills and essential knowledge for lawyers”; and “Making connections: law interacting across disciplines and international borders”.

Posted in Australian Law Journal, The (ALJ), Journals, News & Insight, Uncategorized | Tagged 90th anniversary, AAL Conference, Academy of Law, ALJ, Chairman of the Council of Australian Law Deans, Current issues, Dan Trevanion, Ernst Freund Distinguished Service Professor of Law and Ethics, Future of Legal Education, Justice François Kunc, President of the Australian Law Students’ Association, Professor Martha C Nussbaum, Professor William MacNeil, The Hon James Allsop AO, The Hon Justice Virginia Bell AC, The Hon Kevin Lindgren AM QC, The Hon Michael Kirby AC CMG, University of Chicago | Leave a response

Australian Law Journal update: Vol 91 Pt 7

By Journal Alerts on August 2, 2017

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 | Leave a response

Australian Law Journal update: Vol 91 Pt 6

By Journal Alerts on June 11, 2017

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged 40th anniversary of the Federal Court of Australia, ALJ, Angelina Gomez, appeals, Around the Nation: Victoria, barristers, Book reviews, books received, characterisation, common form grant, consumer law, contractual analysis, Conveyancing and Property Section Editors, Current issues, Daniel Reynolds, data retention laws, doctrine of penalties, enforcement of judgment debt, environmental law, equity and trusts, family law, FLIP Report, foreign judgments, gender equality, gender equality at Australian Bar, George Williams, Hon Sir Gerard Brennan AC KBE GBS, injunctions restraining executive orders, James Allsop, Justice Clyde Croft, Justice François Kunc, Justice Mark Leeming, Justice Rachel Pepper, Melbourne University Law School, Michael Quinlan, misfeasance in public office, Muslim ban executive orders, Philip R Wood, procedure, Professor Brendan Edgeworth, Recent cases, Richard Ingleby, Robert Angyal SC, Ruth C A Higgins, s 18C of the Racial Discrimination Act 1975 (Cth) (RDA), services, The Fall of the Priests and the Rise of the Lawyers, time for assessing testamentary capacity, unconscionability | Leave a response

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