letter to the editor

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 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 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

Journal of Law and Medicine update: Vol 26 Pt 3

By Journal Alerts on April 10, 2019

The latest Part of the Journal of Law and Medicine includes the following sections: Editorial: “Interstate and Overseas Deaths: Jurisdictional and Decision-Making Challenges for Coroners” – Ian Freckelton QC; Letter to the Editor; Legal Issues: “‘Hospitals and Clinicians Need Not Apply:’ Withdrawing Clinically Assisted Nutrition and Hydration in Undisputed Cases” – Joanna Manning; Medical Issues: “Eve’s Curse: Intolerable Unrelieved Pain in Labour – Necessary Evil or Medical Negligence?” – Mike O’Connor; Bioethical Issues: “Should an Advance Care Directive Refusing Life-Sustaining Treatment Be Respected after an Attempted Suicide? Development of an Algorithm to Aid Health Care Workers” – Steve John Philpot; and Medical Law Reporter: “Citizens’ Juries, Liquid Democracy and Legislative Reform of Australian Compulsory Insurance Schemes for Injury Compensation after Motor Vehicle Accidents” – Felix Blumer, Talia Gedik and Thomas Faunce. Also in this Part are the following articles: “HIV and HCV Epidemics: Lessons for Lawyers and Policymakers” – The Hon Michael Kirby AC CMG; “Therapeutic Privilege Is No Defence” – Scott Davison; “A Comparative View of Australian Education in Law and Medicine” – Marcus Smith and Rachael Heath Jeffery; “Protecting the Continued Development of Collaborative Expert Witness Evidence in Australia: Surely We Should?” – Christopher D Mills; “Criminalising Health Care? The Use of Offences in the Mental Health Act 2015 (ACT)” – Sam Pang; “Authorising the Release of Data without Consent for Health Research: The Role of Data Custodians and HRECs in Australia” – Felicity Flack, Carolyn Adams and Judy Allen; “Sugar Consumption Tax: A Good Idea or Not?” – Jane Truscott; “Embryo Donation in New Zealand: Considerations of the Health and Wellbeing of Children” – Louise Wilsdon; and “A New Law of Advance Directives in Italy: A Critical Legal Analysis” – Denard Veshi, Enkelejda Koka and Carlo Venditti. There is also a review of the book “The Hanged Man and the Body Thief” by Alexandra Roginski – reviewed by Ian Freckelton QC.

Posted in Journal of Law and Medicine (JLM), Journals, Update Summaries | Tagged access to administrative data for research without consent, advanced care directive (ACD), Airedale NHS Trust v Bland [1993], An NHS Trust v Y [2018] 3 WLR 751; [2018] UKSC 46, Attwells v Jackson Lalic Lawyers Pty Ltd [2016] HCA 16, Australian education in law and medicine, Bioethical issues, Carlo Venditti, Carolyn Adams, Chris Robertson, Christopher D Mills, clinically assisted nutrition and hydration (CANH), decision-making challenges for coroners, Denard Veshi, development of collaborative expert witness evidence, directive refusing life-sustaining treatments after suicide attempt, Editorial, effective response to HIV and HCV epidemics, embryo donation, Enkelejda Koka, Felicity Flack, Felix Blumer, Human Assisted Reproductive Technology Act 2004 (NZ) (HART Act), human research ethics committee (HREC), Ian Freckelton QC, intolerable unrelieved pain in labour, Jane Truscott, JLM, Joanna Manning, Judy Allen, Julian Savulescu, Kendirjian v Lepore [2017] HCA 13, Legal issues, legislative reform of Compulsory Third Party (CTP) insurance schemes, letter to the editor, Louise Wilsdon, Marcus Smith, medical issues, Medical law reporter, Mental Capacity Act 2005 (England and Wales), Mike O'Connor, Motor Accidents Injuries Bill 2018 (ACT), new law of advance directives in Italy, offences in the Mental Health Act 2015 (ACT), Rachael Heath Jeffery, Sam Pang, Scott Davison, Steve John Philpot, sugar-sweetened beverages (SSBs), Talia Gedik, The Hon Michael Kirby AC CMG, therapeutic privilege, Thomas Faunce, untreated labour pain deemed medical negligence | 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

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

Journal of Law and Medicine update: Vol 24 Pt 3

By Journal Alerts on April 10, 2017

The latest Part of the Journal of Law and Medicine includes an Editorial: “Bolam Buried, Belatedly?” – Ian Freckelton QC; and the following sections: Legal Issues: “Judicial Review of Medical Panel Decisions” – Carol Newlands; Medical Issues: “Alcohol Consumption and Impairment of Surgeons: A Case for Total Abstinence?” – Mike O’Connor; Medical Law Reporter: “The Essendon Football Club Supplements Saga: Exploring Natural Justice for Team Sanctions within Anti-Doping Regulations” – Madeleine Farrar and Thomas Faunce; and a Letter to the Editor. Also in this Part are the following articles: “Vexatious, Misconceived and Avoidable Reports by Peers to Medical Regulators: A Qualitative Study of Health Practitioners in Australia” – Laura A Thomas and Marie M Bismark; “Practitioner Health Issues Featuring Before New Zealand’s Health Practitioners Disciplinary Tribunal: An Analysis of Cases 2003-2014” – Lois J Surgenor, Kate Diesfeld, Kate Kersey and Michael Ip; “Monitoring a ‘Menace’: Peer Review and the Regulation of Substance-Addicted Doctors, 1933-1948” – Gabrielle Wolf; “Lights and Sirens: How Coronial Inquests Can Highlight Challenges in Paramedic Regulation” – Dominique Moritz; “Expert Witness Immunity in Australia after Attwells v Jackson Lalic Lawyers: A Smaller and Less Predictable Shield?” – Tina Cockburn and Bill Madden; “The Right to Health: Implications for the Funding of Medicines in Australia” – Claudia Harper, Narcyz Ghinea and Wendy Lipworth; “Asynchronous Medicines Legislation for Non-Medical Prescribing” – Denise L Hope and Michelle A King; “Paying for Risky Decisions: Civil Liability of Non-Vaccinators” – Nikki Bromberger; “Criteria for Decision-Making Capacity: Between Understanding and Evidencing a Choice” – Lisa Eckstein and Scott YH Kim; “A Positive Duty to Rescue and Medical Practitioners: A Review of the Current Position in Australia and a Comparison with International Models” – Jayr Teng; “The Making of a Health Profession: A South African Case Study” – Andra le Roux-Kemp; and “Development, Access to Medicines and the Ebola Virus Epidemic in West Africa” – Olasupo Owoeye and Jumoke Oduwole. There is also a review of the book “The State and the Body: Legal Regulation of Bodily Autonomy” by Elizabeth Weeks – reviewed by Ian Freckelton QC.

Posted in Journal of Law and Medicine (JLM), Journals, Update Summaries | Tagged "menace", 2014 West African Ebola outbreak, access to medicines, alcohol consumption, Andra le Roux-Kemp, anti-doping regulations, asynchronous medicines legislation, Attwells v Jackson Lalic Lawyers Pty Ltd (2016) 90 ALJR 572; [2016] HCA 16, Bill Madden, Bolam v Friern Hospital Management Committee [1957] 1 WLR 582, book review, Carol Newlands, civil liability, Claudia Harper, coronial inquests, Danuta Mendelson, decision-making capacity, Denise L Hope, developing countries, Dominique Moritz, Editorial, Elizabeth Weeks, Essendon Football Club, expert witness immunity, Gabrielle Wolf, global public health, Health Care Complaints Commission v Schmidt [2016] NSWCATOD 145, Health Practitioners Disciplinary Tribunal (NZ), Ian Freckelton QC, impairment of surgeons, informed decision-making, Jayr Teng, JLM, judicial review, Jumoke Oduwole, Kate Diesfeld, Kate Kersey, Laura A Thomas, Legal issues, letter to the editor, Lisa Eckstein and Scott YH Kim, Lois J Surgenor, Madeleine Farrar, mandatory duty to report, Marie M Bismark, medical issues, Medical law reporter, Medical Panel decisions, medicine funding, Michael Ip, Michelle A King, Mike O'Connor, Montgomery v Lanarkshire Health Board [2015] 1 AC 14; [2015] UKSC 11, Narcyz Ghinea, natural justice, Nikki Bromberger, non-medical prescribing, non-vaccinators, notifiable conduct, obligation to advise of risks, Olasupo Owoeye, on-call medical practitioners, paramedic regulation, performance-enhancing drugs, positive duty to rescue, practitioner health issues, professionalisation, right to health, South African Dental Association v Minister of Health [2015] ZASCA 163, statutory professional recognition, substance-addicted doctors, The State and the Body: Legal Regulation of Bodily Autonomy, Thomas Faunce, Tina Cockburn, vexatious reports, Wendy Lipworth | Leave a response

Australian Law Journal update: Vol 91 Pt 1

By Journal Alerts on February 22, 2017

The latest Part of the Australian Law Journal includes the following articles: “Chief Justice Robert French AC” – Chief Justice Wayne Martin; “Appearing in the French Court” – Justice Stephen McLeish; and “The High Court under Chief Justice Robert French” – Harry Hobbs, Andrew Lynch and George Williams. Also in this Part are the following sections: Current Issues; Letter to the Editor; Conveyancing and Property; Constitutional Law; Administrative Law; Personalia; and Recent Cases.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged administrative decision-making, administrative law, ALJ, Andrew Lynch, Anne Twomey, automated systems, Chief Justice French, Chief Justice Robert French AC, Chief Justice Wayne Martin, Clare Langford, constitutional law, Conveyancing and property, Current issues, Fixtures, George Williams, Harry Hobbs, High Court of Australia, Justice François Kunc, Justice Melissa Perry, Justice Stephen McLeish, letter to the editor, Personalia, Peter Butt, Recent cases, Ruth C A Higgins | Leave a response

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letter to the editor

Australian Law Journal update: Vol 94 Pt 3

Australian Law Journal update: Vol 93 Pt 12

Australian Law Journal update: Vol 93 Pt 11

Australian Law Journal update: Vol 93 Pt 4

Australian Law Journal update: Vol 92 Pt 11

Australian Law Journal update: Vol 91 Pt 8

Journal of Law and Medicine update: Vol 24 Pt 3

Australian Law Journal update: Vol 91 Pt 1

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