Justice François Kunc
The latest Part of the Australian Law Journal contains the following articles: “Towards a Normative Standard of Administrative Justice: Themes and Principled Tensions” – Amy Elton; “A Lawyer by Any Other Name: The Restrictions on Unqualified Legal Practice in Australia” – Katie Murray; and “John Fletcher Hargrave – A Chronicle of Australia’s First Law Lecturer” – Dr Alan Davidson.
This Part also includes the following sections: Current Issues: “When Public Interest Is and Is Not in the Public Interest”; “Impermissible Communications between Judges and Counsel”; “Ensuring Female Judges Are Not Interrupted”; “Developments in Four Matters of Continuing Interest”; and “Launch of the 2021 Special Issue”; Letter to the Editor: “The Crown in Australia”; Around the Nation: Tasmania: “The Battle for Trial by Jury”; Family Law: “Arbitration Clauses in Financial Agreements”; Human Rights: “The Human Rights Implications of Vaccine Passports”; and New Zealand: “A House Divided? The Māori Language, National Anthems and the Construction of a National New Zealand Identity”.
The latest Part of the Australian Law Journal contains the following articles: “Navigating a New Terrain: Developing Autonomous Vehicle Liability Pathways in Australia in Light of International Experience” – Lilla Thiele-Evans, Blake Pepper, John Zeleznikow, Neil Foster and Tania Sourdin; “The Impact of a New and Widespread Contagious Disease on Pre-existing Contractual Obligations” – Tom Allchurch; and “Is the Coronavirus the End of All Contracts?” – Natalie Ngo.
This Part also includes the following sections: Current Issues: “Some Recent Developments”; “Can Australia Still Call Itself a Liberal Democracy?”; “Can Employers Mandate Vaccinations?”; “The COVID-era and Australian Federation: State Power Rises, Old Faultlines Revealed”; “National Security Legislation and Parliamentary Oversight”; and “The Curated Page”; Around the Nation: Western Australia: “Resolution of a Cold Case?”; Environmental Law: “Quartet of Recent Landmark Climate Change Cases”; Statutory Interpretation: “‘Always Speaking’ Statutes”; Book Reviews: “The Chronicle of a Young Lawyer: A Legal Journey in the Territory of Papua and New Guinea”, by Kerry Dillon; and “Frontiers of Public Law”, edited by Jason NE Varuhas and Shona Wilson Stark; and Obituary: Judge James Crawford (1948–2021).
This Special Issue of the Australian Law Journal contains the following articles: “National Security and Counterterrorism Laws” – Dr James Renwick CSC SC, Guest Editor of this Special Issue; “The Changing Legal Framework of the Australian Intelligence Community: From Hope to Richardson” – The Hon Michael Kirby AC CMG; “Sentencing Terrorist Offenders – The General Principles” – The Hon Mark Weinberg AO QC; “Reflections on Oversight of Intelligence Agencies: Promoting Compliance, Trust and Accountability” – The Hon Margaret Stone AO; “Mechanisms for Reviewing and Monitoring National Security Laws: The UK and Australia Compared” – Dr Jessie Blackbourn; “The Conduct of Terrorism Trials in England and Wales” – The Rt Hon Sir Charles Haddon-Cave; “What Makes Terrorism Trials Different?” – The Hon Anthony Whealy QC; “National Security and the Law – What Lies Ahead?” – Lord Carlile of Berriew CBE QC; and “National Security and the Law – Reflections of a Former Australian Attorney-General” – Hon George Brandis QC. This Special Issue also includes the following section: Current Issues: “National Security and the Law”; and “The Curated Page”.
The latest Part of the Australian Law Journal contains the following articles: “Public Perspectives on Judges’ Reasons for Sentence” – Kate Warner, Caroline Spiranovic, Lorana Bartels, Karen Gelb and Lynne Roberts; “Waiver of Penalty Privilege in Civil Penalty Proceedings” – Michael Pearce SC; and “Cy-près Remedies in Class Actions – Quo Vadis?” – Georgina Dimopoulos and Vince Morabito.
This Part also includes the following sections: Current Issues: “Is Australian Federation Fit for Purpose in a Pandemic?”; “Sexual Harassment”; “A Notable Australian”; “Contribution to American Law Reform”; “Big Tech: A New Gilded Age?”; “Regulation of ‘Big Tech’: News Media and Digital Platforms Mandatory Bargaining Code”; and “The Curated Page”; Conveyancing and Property: “Indefeasibility, Common Building Schemes and the Torrens System: Deguisa v Lynn”; Around the Nation: Western Australia: “Western Australia v Edwards (No 7)  WASC 339 A Judge Alone Trial Like No Other”; Personalia: “Commonwealth – Justice Simon Steward, Justice Jacqueline Gleeson”; “Northern Territory – Justice Sonia Brownhill”; “Queensland – Queen’s Counsel Appointments”; “South Australia – Senior Counsel Appointments”; “Victoria – Justice James Gorton, Justice Michael Osborne”; and “Western Australia – Senior Counsel Appointments”; Book Reviews: “The Judge, the Judiciary and the Court: Individual, Collegial and Institutional Dynamics in Australia”, by Gabrielle Appleby and Andrew Lynch (eds); and “A Brilliant Boy – Doc Evatt and the Great Australian Dissent”, by Gideon Haigh; and Obituary: Soli Sorabjee AM (1930–2021).
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”.
The latest Part of the Australian Law Journal contains the following articles: “250 Years of the Crown in Australia: From James Cook to the Palace Papers (1770–2020)” – The Hon Michael Kirby AC CMG; “The Crown in Australia: From James Cook To Charles III, Another Perspective” – Geoffrey Robertson AO QC; and “A Response to Geoffrey Robertson QC” – The Hon Michael Kirby AC CMG. This Part also includes the following sections: Current Issues: “The Palace Papers – 1975 Revisited and a Future Australian Republic?”; “The Curated Page Continues”; and “The Curated Page”; Environmental Law: New South Wales, Northern Territory, Queensland, South Australia, Tasmania, Victoria and Western Australia; Class Actions: “Time For Some ‘Rough Justice’ – Federal Court Makes Common Fund Orders at Settlement Stage in Two Class Actions”; Personalia: New South Wales: Justice Kate Williams and Appointment of Senior Counsel; South Australia: Justice Christopher Bleby; and Victoria: Justice Lisa Nichols, Justice Jim Delany, Justice Kathryn Stynes and Appointment of Senior Counsel; Recent Cases: Criminal Law – Sentence – Where Appellant Suffered from Severe Personality Disorder – Where Causal Connection between Personality Disorder and Offending – Whether R v Verdins (2007) 16 VR 269 Principles Applicable – Whether Statements in Director of Public Prosecutions (Vic) v O’Neill (2015) 47 VR 395 Should No Longer Be Followed; and Obituary: Mr Bruno Cappelletti OAM.
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”.
The latest Part of the Australian Law Journal contains the following articles: “Estoppel And Enforcement Of International Arbitration Awards” – Richard Garnett; “Defamation: Serious Harm And Contextual Truth” – James O’Hara; and “Towards A Coherent Sentencing Jurisprudence For Animal Cruelty Offences” – Gabrielle Wolf, Mirko Bagaric and Jane Kotzmann. This Part also includes the following sections: Current Issues: “The Rule of Law”; “Coercive Control”; and “The Curated Page”; Around the Nation: Tasmania: “Hobart’s Supreme Court Buildings”; Family Law: “Section 114AB: Semantics and Chaos”; Human Rights: “Major UN Review of Australia’s Human Rights Record”; New Zealand: “End of Life Choice: Coming to New Zealand by the Road Less Travelled”; and Recent Cases: “Trade and Commerce – Misleading and Deceptive Conduct – Unconscionable Conduct – Procuring Breach of Fiduciary Duty – Equity – Fiduciaries – Duty – Breach – Contract – Breach of Contract – Joint Venture – Termination”.
The latest Part of the Australian Law Journal contains the following articles: “From Middle East Battlefields to the War Crimes Tribunals in Borneo: The War Letters of the Hon Justice Russell Le Gay Brereton, 1940–1946” – Tony Cunneen; “Glory without Power: The Nationhood Power and Commonwealth Spending on Sport” – Daniel Goldsworthy; “The Power of “National Uniform Legislation”: What Is Its Rate of Proliferation and What Factors Are Driving It?” – Dr Guzyal Hill and Dr John Garrick; and “The King V Smail Golden Jubilee: The Failure of the High Court “to develop and clarify the law” of the Torrens Volunteer is no Cause for Jubilation” – MM Park and Serene Ho. This Part also includes the following sections: Current Issues: “Family Court Merger Becomes a Reality”; “Australia at the UN Human Rights Council”; “A Federal Judicial Commission”; “Choice of Counsel a Fundamental Matter”; “The End of the Cardinal Pell Media Saga”; “A Turn Up for the Books?”; “Anzac Lawyers”; “Remembering the Hon Mr Justice Russell Le Gay Brereton”; and “The Curated Page”; Conveyancing and Property: “The Limits of Expert’s Participation in a Leasing Dispute”; Constitutional Law: “Who Is Responsible for Quarantine under the Constitution?”; and Book Review: “Philosophical Foundations of the Law of Equity”, by Dennis Klimchuk, Irit Samet and Henry E Smith (eds).
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.