Justice Michael B J Lee

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 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 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 93 Pt 6

By Journal Alerts on June 25, 2019

The latest Part of the Australian Law Journal contains the following articles: “Statistics on Trial” – Professor John S Croucher AM; “Limitation of Actions and Specific Performance” – Perry Herzfeld; “Liability of Educational Institutions for Child Abuse” – Jack Maxwell; “From Morotai To Manus: The Australian War Crimes Trials of The Japanese, 1945–1951 and The Australian Legal Profession” – Narrelle Morris; and “Law Schools and The Burden Of Bureaucracy: Release The Yoke (A Plea From The Coalface). Part 2: International Comparators and A Proposal” – Olivia Rundle and Lynden Griggs. This Part also includes the following sections: Current Issues; Letter to the Editor; Conveyancing and Property; Corporations and Securities; Class Actions; Around the Nation: Australian Capital Territory; Personalia; and Book Review.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged ALJ, Angelina Gomez, Around the Nation: Australian Capital Territory; Justice David Mossop, Australian war crimes trials of the Japanese, book review, breach of suppression orders, Brendan Edgeworth, bureaucracy in law schools, claim for specific performance, class actions, Control of Government Action: Text Cases & Commentary, Conveyancing and property, corporate fundraising, Corporations and Securities, Emily Vale, family law, family law developments, federal class action settlements, Independent National Security Legislation Monitor, J McMillan, Jack Maxwell, Jason Harris, Justice François Kunc, Justice Michael B J Lee, Justice Michael Wheelahan, Justice Paul Anastassiou, Law Admissions Consultative Committee (LACC), letter to the editor, liability of educational institutions for child abuse, Lynden Griggs, M Groves, M Smyth, military court trials, Narrelle Morris, native title compensation, Olivia Rundle, Perry Herzfeld, Personalia, Professor John S Croucher AM, R Creyke, religious freedom, Robert Angyal SC, social media reform after killings in Christchurch, statistics in the legal context, The Curated Page, The Hon Ian Holloway PC QC, The Hon Margaret Joan Beazley AO QC, Vale Emeritus Professor Michael Coper AO FAAL | Leave a response

Australian Law Journal update: Vol 93 Pt 4

By Journal Alerts on April 10, 2019

The latest Part of the Australian Law Journal contains the following articles: “Reforming the Australian Law of Contract – Some Practical Next Steps” – John Eldridge; “Internment of Terrorism Suspects and the Australian Constitution” – Anthony Gray; and “The Internationalisation of Australian Criminal Lawyers: 25 Years of Australians in The Hague” – Sarah Pitney. This Part also includes the following sections: Current Issues; Letter to the Editor; Conveyancing and Property; Constitutional Law; Class Actions; Recent Cases; and Personalia.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged ALJ, Angus Stewart SC, Anne Twomey, Anthony Gray, Australian law of contract reform, Brendan Edgeworth, Chief Justice Dame Sian Elias, class actions, competing class actions, constitutional law, Conveyancing and property, cultural change in the legal profession, Current issues, discrimination law and strata schemes, Dr Damien J Cremean, easements and recreation, Emily Vale, Full Federal Court in Westpac Banking Corp v Lenthall, Hocking case, International Criminal Tribunal for the Former Yugoslavia (ICTY), internationalisation of Australian criminal lawyers, internment of terrorism suspects, John Eldridge, judicial bullying in the United Kingdom, Justice Andrew Tinney, Justice François Kunc, Justice Helen Winkelmann, Justice Kelly Rees, Justice Lesley Taylor, Justice Michael B J Lee, Justice Steven Moore, Legal Profession Uniform Scheme, legitimacy of a judicial decision, letter to the editor, McKell v The Queen (2019) 93 ALJR 309; [2019] HCA 5, NSW Court of Appeal in Brewster v BMW Australia Ltd, Personalia, Queen's letters, Recent cases, Robert Angyal SC, Ruth C A Higgins SC, Sarah Pitney, The Curated Page, Tiger Yacht Management Ltd v Morris [2019] FCAFC 8 | Leave a response

Australian Law Journal update: Vol 92 Pt 11

By Journal Alerts on December 5, 2018

The latest Part of the Australian Law Journal contains the following articles: “Sir Frederick Jordan’s Non-Appointment to the High Court and his ‘Queer Views About Federalism'” – The Hon Keith Mason AC QC; “Genocide: The Static Expansion to Include the Crime of Forced Expulsion” – Elizabeth R Plajzer; and “Tostee, Criminal Causation and Provocation in Domestic Violence: A Novel Position” – Brendan Walker-Munro. This Part also includes the following sections: Current Issues; Letter to the Editor; Conveyancing and Property; Around the Nation: Victoria; Class Actions; Competition and Consumer Law; Corporations and Securities; Recent Cases; and Books Received.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged ALJ, Angelina A Gomez, armed forces members in the Australian legal profession, Around the Nation: Victoria, Australian Competition and Consumer Commission v Flight Centre Travel Group Ltd, books received, Brendan Edgeworth, Brendan Walker-Munro, Carly Schrever, certification and contingency fees, class actions, competition and consumer law, Conveyancing and Proeprty, corporate cultures under scrutiny, Corporations and Securities, criminal causation and provocation in domestic violence, Current issues, David Ash, de facto caveats in Victoria's land titles, Elizabeth R Plajzer, finality in litigation and arbitration, forced expulsion, Jason Harris, John Kettle, Justice Clyde Croft, Justice François Kunc, Justice Michael B J Lee, Land Title Act 1994 (Qld), letter to the editor, management of competing class actions in different courts, Recent cases, representative proceedings, research measuring judicial stress and wellbeing, Robert Angyal SC, Ruth C A Higgins SC, sexual offences with child under 16 years, Sir Frederick Jordan's non-appointment to the High Court, the essential "character" of genocide, The Hon Keith Mason AC QC, United Nations Convention on the Prevention and Punishment of Genocide | Leave a response

Legal - Australia Thomson Reuters

Justice Michael B J Lee

Australian Law Journal update: Vol 94 Pt 12

Australian Law Journal update: Vol 94 Pt 11

Australian Law Journal update: Vol 94 Pt 8

Australian Law Journal update: Vol 94 Pt 4

Australian Law Journal update: Vol 94 Pt 3

Australian Law Journal update: Vol 93 Pt 4

Australian Law Journal update: Vol 92 Pt 11

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