Journal of Civil Litigation and Practice update: Vol 7 Pt 1 (Special Issue: Class Actions)
This issue of the Journal of Civil Litigation and Practice is a Special Issue focused on “Class Actions”. Against the backdrop of the ALRC and VLRC inquiries into class actions and litigation funding currently underway, this very timely issue covers the following articles: “Class Actions: Historical Highlights” – John Basten; “Class Action Commencement in Australia: A Practical Approach” – Nick Beaumont SC; “The Use and Abuse of Security for Costs in Class Actions” – Peter Cashman; “Competing Class Actions: A Suggested Solution through Certification” – Michael Legg; and “Cost Effectiveness and Case Management in Class Action Settlements” – Samuel J Hickey and Michael Legg.
Australian Business Law Review update: Vol 46 Pt 1
The latest Part of the Australian Business Law Review includes an Editorial by Professor Bob Baxt AO. It also contains the following articles: “A Code of Conduct for Supermarket-Supplier Relations: Has it Worked?” – Caron Beaton-Wells and Jo Paul-Taylor; “Non-profit? It’s Not What You Think it Means” – Jason Mitchell; “A Critical Assessment of Shareholder Class Action Settlements – The Allco Class Action” – Michael Legg. Also in this Part are the following sections: Company Law and Securities: “Commentary on Aspects of The Murray Report and the Proposed Whistleblowing Legislation” – Bob Baxt AO; Competition Law and Market Regulation: “Ten Years On, There is Still a Need to Modernise Regulation of Australian Business” – Professor Bob Baxt AO.
Australian Law Journal update: Vol 91 Pt 8
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.
Australasian Dispute Resolution Journal update: November 2016
The latest Part of the Australasian Dispute Resolution Journal contains 4 Special Feature articles: Celebrating 30 Years of ADRA: “ADRA President’s Address 2016” – Katherine Johnson; “Australian Dispute Resolution Association: Its history and its people” – Anne Ardagh; “History and philosophy of nonviolence: Towards an inclusive dispute resolution (DR) curriculum” – David Ardagh; and “International perspectives of dispute resolution” – Dr Paul R Gibson. It also includes the following articles: “International arbitration in Australia: 2015/2016 in review” – Albert Monichino QC and Alex Fawke; “The future of dispute resolution: Online ADR and online courts” – Michael Legg; and “The art of using power as a tool of influence in mediation” – Mohamed Sweify. It also contains Case Notes: “Identifying all members of a class action prior to mediation, and mediation/arbitration media watch” – David Spencer; Book Review: “The Mediators Handbook (Third edition)” by Ruth Charlton, Micheline Dewdney and Geoff Charlton – reviewed by Paul Lewis; and a tribute to the late Micheline Dewdney.
Australian Business Law Review update: December 2016
The latest Part of the Australian Business Law Review includes an Editorial by Professor Bob Baxt AO regarding various recent developments. It also contains the following articles: “Retention of old titles: Pre-PPSA retention of title agreements and unfair preferences” – Chris Pearce; “Injunctions restraining the enforcement of letters of credit and performance guarantees: The Australian experience” – Thanuja Rodrigo; and “Data and information collected by genetically modified organism suppliers: For whose benefit? – Charles Lawson. Also in this Part is the following section: Company Law and Securities: “Judicial recognition of indirect causation and shareholder class actions” – Michael Legg and Madeleine Harkin.
Australian Law Journal update: Vol 90 Pt 11
The latest Part of the Australian Law Journal includes the following articles: “Procedural Fairness: The Age of Legitimate Expectation is Over” – Naomi Sharp; and “His or Her Duty to Keep Secret” – Julie Kinross and Peter Davis QC.
Also in this Part are the following sections: Current Issues; Conveyancing and Property; From the Law Schools; Human Rights; Equity and Trusts; Admiralty and Maritime; Recent Cases; Books Received; Book Reviews: “Scholarly Misconduct: Law, Regulation, and Practice” by Ian Freckelton QC; “When Doctors and Parents Disagree: Ethics, Paediatrics and the Zone of Parental Discretion” by Rosalind McDougall, Clare Delany and Lynn Gillam; “Australian Domain Name Law” by Alpana Roy; and “Ten Years of the Civil Procedure Act 2005 (NSW): A Decade of Insights and Guide to Future Litigation” by Miiko Kumar and Michael Legg; and an Obituary tribute to the late James Donald Merralls AM, QC, written by J H Karkar QC.
Australian Business Law Review update: October 2016
The latest Part of the Australian Business Law Review includes an Editorial by Professor Bob Baxt AO regarding debate about proposed changes to the Competition and Consumer Act 2010 (Cth) (CCA). It also contains the following articles: “Settlement practices in Australia: The distinction between civil and criminal penalties” – Linda Evans and Alexander Vial; “Facilitating practices, vertical restraints and most favoured customers: Australian competition law is ill-equipped to meet the challenge” – Brent Fisse; and “Australia’s flawed Regulatory Impact Statement (RIS) process” – Sue Taylor, Julie-Anne Tarr and Anthony Asher. Also in this Part are the following sections: Company Law and Securities: “Imposition of longer sentences for insider trading: The case of Hanlong Mining” – Mark Fisher and Michael Legg; and Competition Law and Market Regulation: “Section 46: Exposure draft legislation and ACCC draft misuse of market power guidelines” – Stephen Corones.
Journal of Banking and Finance Law and Practice update: Special Issue – September 2016
This Special Issue of the Journal of Banking and Finance Law and Practice (JBFLP) is produced in collaboration with the BFSLA Academic Committee, focusing on the theme of “Finance Law: Global and Regional Challenges”. It includes the following articles: “Regulating financial institution culture: Reforming the regulatory toolkit” – Ann Wardrop, David Wishart and Marilyn McMahon; “Bitcoin: Consumer protection and regulatory challenges” – Louise Parsons; “Small amount credit contract reforms in Australia: Household survey evidence and analysis” – Gill North; “Making prudence: Consumer credit and twin peaks, a comparison of Australia and South Africa” – Gail Pearson; and “Ad impossibilia nemo tenetur – on the recent attempts to harmonise the law of intermediated securities” – Matteo Solinas. Also in this Part are the following sections: Banking Law and Banking Practice; Insolvency Law and Management; United Kingdom and Europe; Singapore and South East Asia; and an Editorial note by the Guest Editors.
Australian Business Law Review update: December 2015
The latest Part of the Australian Business Law Review includes the following articles: “US Supreme Court revises fraud on the market presumption: Ramifications for Australian shareholder class actions” – Michael Legg, John Emmerig and Georgina Westgarth; “Bank guarantees and the reasonable expectations of beneficiaries” – Bill Dixon; “Cartels, extraterritoriality, and the Harper Review – the search for a connecting factor” – Ian Stewart; “Rural Press: A game of collusion” – Nicholas Twomey; and “Remote signing protocols for financing transactions” – The Walrus Committee. Also in this Part are the following sections: Media and Telecommunications: “Competition Law and Digital Disruption – Insights for Australia” – Dr Martyn Taylor; and Commercial Litigation: “Unions overplaying their hand? Terminating bargains in the mining sector – An analysis of Re Aurizon Operations Ltd [2015] FWCFB 540 – Louise Floyd.
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Public Law Review update: March 2016
The latest Part of the Public Law Review includes the following content: Comments: “The Charter’s effect on administrative decision-making” – Janina Boughey; “The jurisdiction of the Independent Commission Against Corruption after High Court challenges and legislative amendment in 2015” – John Emmerig, Michael Legg, Holly Sara and Stephanie Stacey; and the following Articles: “Deliberative processes for administrative regulations: Unenforceable public consultation provisions and the courts” – Andrew Edgar; “Out of step? The New South Wales Parliamentary Evidence Act 1901” – Beverly Duffy and Sharon Ohnesorge; “The taming of the charitable shrew: State roll back of charity tax concessions” – Ian Murray; as well as Developments.