letter to the editor

Australian Law Journal update: Vol 95 Pt 12

By Journal Alerts on December 22, 2021

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”.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged A House Divided? The Māori Language National Anthems and the Construction of a National New Zealand Identity, A Lawyer by Any Other Name: The Restrictions on Unqualified Legal Practice in Australia, ALJ, Amy Elton, Arbitration Clauses in Financial Agreements, Around the nation: Tasmania, aviation experiments in the northern Illawarra, content of administrative justice, creating institution-specific normative standards in Australia, Current issues, Developments in Four Matters of Continuing Interest, Dr Alan Davidson, Ensuring Female Judges Are Not Interrupted, family law, first Divorce Justice, first series of law lectures at the University of Sydney, foundation Judge of the District Court, human rights, Impermissible Communications between Judges and Counsel, John Fletcher Hargrave – A Chronicle of Australia’s First Law Lecturer, jurisdictional differences, Justice François Kunc, Justice Matthew Palmer, Justice of the Supreme Court, Justice Stephen Estcourt AM, justification of restriction of lawyers against the dual considerations of public protection, Katie Murray, Launch of the 2021 Special Issue, Lawrence Hargrave, laypeople, letter to the editor, new theory of administrative justice proposed from foundational rule of law principles, New Zealand, novel theory of administrative justice, previously recognised administrative justice properties, protecting the public from unlawful operators, restrictions on engaging in legal practice in Australia, Richard Ingleby, Simon Rice, The Battle for Trial by Jury, The Crown in Australia, The Human Rights Implications of Vaccine Passports, Towards a Normative Standard of Administrative Justice: Themes and Principled Tensions, what constitutes legal practice, When Public Interest Is and Is Not in the Public Interest | Leave a response

Australian Law Journal update: Vol 95 Pt 6

By Journal Alerts on June 23, 2021

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”.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged ADR's capacity to limit psychology of bias, ALJ, alternative dispute resolution, An Inauspicious Anniversary, Around the Nation: Northern Territory, articles, Australian East Coast shipping accidents, Australian gig economy formal legal regulatory scheme, Australian shipping management and legal systems, Burial Rights, Bursill Enterprises Pty Ltd v Berger Bros Trading Co Pty Ltd, Can ADR Improve Expert Evidence?, Cargo Lost Overboard in Australian Waters: Their Management and Australian Law, Commonwealth, countering expert bias, Court Managed Expert Evidence (CMEE), Current issues, Cyber Security Essentials When Doing Legal Work from Home, Did Dad Get It Wrong?, environmental law, Hon Dean Mildren AM RFD QC, IA–CEPA and the Increasingly Complex Architecture for International Trade in the Asia- Pacific Region, International focus, international shipping industry, Jason M Chin, Justice François Kunc, Justice Rachel Pepper, Katrina Woodforde, labour law, Land Court of Queensland, Laura Heit, letter to the editor, Lyria Bennett Moses, manage experts' biases, maritime law systems, maritime trade and shipping, Michael White, More on Dealing with Inappropriate Behaviour in the Legal Profession, Nick Wray-Jones, President Kingham, Professor Stuart Kaye, Retirement of Justice Hiley RFD, significant environmental decisions of the Federal Court, Stage 2 Defamation Reform, Technology and the Law, Thank You Artspace, The Curated Page, The Fit and Proper Person Test and the Rule of Law – One Size Does Not Fit All, The Honourable WV Windeyer, The Rule of Law, unfair contract review scheme, worker status, Workers Apps and Fairness: Contracting in the Gig Economy | Leave a response

Journal of Law and Medicine update: Vol 28 Pt 1

By Journal Alerts on January 29, 2021

This Part of the Journal of Law and Medicine includes the following articles: “COVID-19 and the Right to Support in New Zealand Hospitals” – Sarah Gwynn; “COVID-19 Curfews: Kenyan and Australian Litigation and Pandemic Protection” – Ian Freckelton QC; “Clinical Decision Support Systems and Medico-Legal Liability in Recall and Treatment: A Fresh Examination” – Megan Prictor, Mark Taylor, Jane Kaye, Jon Emery, Craig Nelson and Jo-Anne Manski-Nankervis; “Navigating the Australian National Disability Insurance Scheme: A Scheme of Big Ideas and Big Challenges” – Allan Ardill and Brett Jenkins; “Fifteen Years On: What Patterns Continue to Emerge from New Zealand’s Health Practitioners Disciplinary Tribunal?” – Lois J Surgenor, Kate Diesfeld, Kate Kersey, Olivia Kelly and Marta Rychert; “Maintaining Privacy in Artificial Intelligence-driven Bioinformatics: An Inquiry into the Suitability of Australia’s Laws” – Jade Luci Andrews; “Transgender and Intersex Athletes in Single-sex Sports” – Laura Johnston; “The Right of the Child to Oral Health: The Role of Human Rights in Oral Health Policy Development in Australia” – Gillian Jean, Estie Kruger, Vanessa Lok and Marc Tennant; “(Re)Drawing the Line: Australian Regulation of Human–Animal Interspecies Embryos” – Andrew Ng and Karinne Ludlow; “In Whose Interest? Recent Developments in Regulatory Immediate Action against Medical Practitioners in Australia” – Owen M Bradfield, Matthew J Spittal and Marie M Bismark; “A Little Less Discrimination, a Little More International Legal Compliance: A Capacity-based Approach to Substitute Decision-Making for People with Mental Illness” – Seb Recordon; “Adolescent Drivers – Are We Doing Enough?” – Roy G Beran; and “Don Chalmers: His Contributions to Legal Research and Education, Health Law, and Research Ethics, Locally and Globally” – Dianne Nicol, Yann Joly, Jane Kaye, Bartha Knoppers, Eric M Meslin, Jane Nielsen, Margaret Otlowski and Kate Warner.

Also in this Part are the following sections: Editorial: “The Rights to Life, Dignity and the Highest Attainable Standard of Health: Internationally Influential African Jurisprudence” – Ian Freckelton QC; Legal Issues: “Embracing the Future: Using Artificial Intelligence in Australian Health Practitioner Regulation” – Editor: Gabrielle Wolf; Medical Issues: “Personality Disorder and Moral Culpability: Brown v The Queen” – Danny Sullivan and Adam Deacon; Technology Health Law Issues: “Consumer Law, Technology and Health Care: A Shift in Focus, a Panacea or a Confounder?” – Joel Grieger, Mark Giancaspro and Bernadette Richards; Mental Health Law Issues: “Gender, Trauma and the Regulation of the Use of Restraint on Women in Australian Mental Health Services” – Yvette Maker; Health Law Reporter: “Brain Death and Pregnancy: On the Legalities of Post-mortem Gestation” – Cameron Stewart, Ian Kerridge, Lisa O’Reilly, Linda Sheahan, George Tomossy and George Skowronski; Health Research Law and Ethics: “Clinical Research without Consent: Challenges for COVID-19 Research” – Editor: Ian Freckelton QC; Letter to the Editor; Letter to the Editor (and Response); and Book Review: “Memoir of an Accidental Ethicist”, by KJ Breen.

Posted in Journal of Law and Medicine (JLM), Journals, Update Summaries | Tagged (Re)Drawing the Line: Australian Regulation of Human–Animal Interspecies Embryos, A Little Less Discrimination a Little More International Legal Compliance: A Capacity-based Approach to Substitute Decision-Making for People with Mental Illness, absence of direct interaction, access and provision of supports, access to disability supports, access to HIV medications, Adam Deacon, Adolescent Drivers – Are We Doing Enough?, Allan Ardill, Andrew Ng, application of consumer law to instances of patient harm, appointment of a Chief Dental Officer, Art 12 of the International Covenant on Economic, articles, artificial intelligence (AI), AUSTROADS Guidelines, availability and accessibility of vaccines for the COVID-19 virus, avoiding exploitation of vulnerable persons, Bartha Knoppers, Bernadette McSherry, Bernadette Richards, book review, Brain Death and Pregnancy: On the Legalities of Post-mortem Gestation, Brett Jenkins, Brown v The Queen [2020] VSCA 212, Cameron Stewart, care of patients with chronic disease, Center for Health, child oral health policy, Clinical Decision Support Systems and Medico-Legal Liability in Recall and Treatment: A Fresh Examination, clinical environment, Clinical Research without Consent: Challenges for COVID-19 Research, clinically useful medication trials, Consumer Law Technology and Health Care: A Shift in Focus a Panacea or a Confounder?, Convention on the Rights of Persons with Disabilities, Convention on the Rights of the Child, COVID-19 and the Right to Support in New Zealand Hospitals, COVID-19 Curfews: Kenyan and Australian Litigation and Pandemic Protection, Craig Nelson, criteria for inclusion in clinical trials of persons unable to provide informed consent, Danny Sullivan, dealing with adolescent road fatalities and injuries, decision-making about a lengthy curfew, Dianne Nicol, Director of Public Prosecutions (Vic) v O'Neill (2015) 47 VR 395; [2015] VSCA 325, discrimination and legality, discriminatory oral health policy design, doctors' liability in negligence, Don Chalmers: His Contributions to Legal Research and Education Health Law and Research Ethics Locally and Globally, Editorial, Embracing the Future: Using Artificial Intelligence in Australian Health Practitioner Regulation, entitlement to be treated with dignity, Eric M Meslin, Estie Kruger, ethical issues that arise in respect of clinical research, Fifteen Years On: What Patterns Continue to Emerge from New Zealand's Health Practitioners Disciplinary Tribunal?, freedom of movement, Gabrielle Wolf, Gender Trauma and the Regulation of the Use of Restraint on Women in Australian Mental Health Services, George Skowronski, George Tomossy, Gillian Jean, Graduated Licensing process, health law reporter, Health Research aw and Ethics, how artificial capabilities may affect the individual's right to privacy, HPDT hearing processes and outcomes, HPDT processes and penalties, Human Rights and Development v Attorney General [2020] UGCC 12, Human Rights-Based Approach to health system planning, Ian Freckelton QC, Ian Kerridge, immediate action powers in Australia and procedural protections, impaired mental functioning, improving efficiency and effectiveness of processes in private industry and public administration, In Whose Interest? Recent Developments in Regulatory Immediate Action against Medical Practitioners in Australia, international legal framework pertaining to people with mental disabilities, intersection between AI and bioinformatics, Jade Luci Andrews, Jane Kaye, Jane Nielsen, JLM, Jo-Anne Manski-Nankervis, Joel Grieger, Jon Emery, Karinne Ludlow, Kate Diesfeld, Kate Kersey, Kate Warner, Laura Johnston, Law Society of Kenya v Mutyambai [2020] eKLR, Legal issues, letter to the editor, Letter to the Editor (and Response), limitations on support-people and visitors' access to hospitals, Linda Sheahan, Lisa O'Reilly, Loielo v Giles [2020] VSC 722, Lois J Surgenor, Maintaining Privacy in Artificial Intelligence-driven Bioinformatics: An Inquiry into the Suitability of Australia's Laws, making predictions and decisions, Marc Tennant, Margaret Otlowski, Marie M Bismark, Mark Giancaspro, Mark Taylor, Marta Rychert, Matthew J Spittal, measures to mitigate risks of infringement, Medical Boards, medical issues, Megan Prictor, Memoir of an Accidental Ethicist by KJ Breen, Mental Health (Compulsory Assessment and Treatment) Act 1992 (NZ), Mental Health Law Issues, mental health legislation, Millard v Australian Capital Territory [2020] ACTSC 138, Minister of Health v Treatment Action Campaign (No 2) (2002) 5 SA 721, National Disability Insurance Scheme (NDIS), National Road Safety Strategy 2011–2020, Navigating the Australian National Disability Insurance Scheme: A Scheme of Big Ideas and Big Challenges, NDIS law, New South Wales Civil and Administrative Tribunal decision-making, Ngugi J of the Kenya High Court, Olivia Kelly, Owen M Bradfield, PAO v Attorney General [2012] eKLR, patient's right to support, Personality Disorder and Moral Culpability: Brown v The Queen, personality disorders as relevant to moral culpability, potential for restraint use to traumatise or retraumatise women service users, protection of the public, R v Verdins [2007] VSCA 102, recall, recognition of risk, relationship between the patient and the manufacturers/ distributers of technology, Right 8 of the Code of Health and Disability Consumers' Rights, right to life, Roy G Beran, Sarah Gwynn, scientific reasoning Australian case law and sport-specific policies for separation of male and female athletes, Seb Recordon, sex or gender as relevant considerations in the authorisation use or monitoring of the use of restraint, Social and Cultural Rights, societal and safety concerns on mixing of human and animal cellular and genetic material, software systems in patient care, STC 3141, supplementing public risk test with public interest test, task automation, Technology Health Law Issues, testing, The Right of the Child to Oral Health: The Role of Human Rights in Oral Health Policy Development in Australia, The Rights to Life Dignity and the Highest Attainable Standard of Health: Internationally Influential African Jurisprudence, Transgender and Intersex Athletes in Single-sex Sports, treatment, Uganda Constitutional Court, untreated dental disease in marginalised and vulnerable children, use of physical mechanical and/or chemical restraint, using AI to analyse and draw inferences from data, Vanessa Lok, Yann Joly, Yvette Maker | Leave a response

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 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

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Australian Law Journal update: Vol 95 Pt 12

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Australian Law Journal update: Vol 93 Pt 11

Australian Law Journal update: Vol 93 Pt 4

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