Australian Business Law Review update: Vol 49 Pt 2
The latest Part of the Australian Business Law Review includes the following articles: “An Impending ‘Avalanche’: Debt Collection and Consumer Harm After COVID-19” – Lucinda O’Brien, Vivien Chen, Ian Ramsay and Paul Ali; and “A New Worker Category under the Personal Service Income Regime in Australia” – Christina Allen. Also in this Part are the following sections: Editorial – Michael Terceiro; Commercial Litigation: “Federal Court Opens Door to Pre-trial Oral Discovery in Australia” – Michael Legg; New Zealand Newsletter: “Reckless Trading Makes Its DEBUT in the New Zealand Supreme Court” – Matthew Berkahn and Lindsay Trotman; and Competition Law and Market Regulation: “Merger Movements: International Co-ordination of Merger Clearance Policy” – Rob Nicholls.
Journal of Civil Litigation and Practice update: Vol 9 Pt 4
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “Concepts of Loss and Proving Hypotheticals in Misleading or Deceptive Conduct” – Benjamin Teng and Andrew Simpson; and “Once Privileged, Always Privileged? An Exploration into the Applicability of Legal Professional Privilege to Inquisitorial Proceedings in New Zealand” – James Anson-Holland. Also in this Part are the following sections: Editorial: “A Civil Case Made Notable by the Notoriety of a Criminal Case: Burnett v International Insurance Co of Hanover Ltd” – Roderick Joyce QSO QC; and “Disregarding the Pleadings at Trial” – Michael Legg; Case Notes: “The Stema Barge II – ‘Manager’ or ‘Operator’?” – Kate Rouch; and “Privacy – Celebrity and Personal Correspondence in the United Kingdom High Court: HRH The Duchess of Sussex v Associated Newspapers Ltd” – Lydia Wilson; and Court Watch: “Bias and Procedural Fairness at Trial” – Bernard Cairns.
Journal of Civil Litigation and Practice update: Vol 9 Pt 3
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “Legislating for Common Sense: The Case for (Re)Enacting Pt 2A of the Civil Procedure Act 2005 (NSW)” – John Woodward; and “After the Event Insurance and Security for Costs: Inconsistency in the Australian Approach” – Daniel Meyerowitz-Katz. Also in this Part are the following sections: Editorial: “Briginshaw and Finding Serious Allegation Proved on the Balance of Probabilities” – Michael Legg; and “The Civil Standard of Proof in New Zealand” – Roderick Joyce QSO QC; and Case Notes: “The Federal Court of Australia Limits Orders for Security for Costs in Industrial Class Actions” – Daniel Moloney and Corey Byrne; and “Supreme Court Orders First Opt-Out Class Action in New Zealand: Southern Response Earthquake Services Ltd v Ross” – Nikki Chamberlain.
Australian Business Law Review update: Vol 48 Pt 6
The latest Part of the Australian Business Law Review includes the following articles: “Doing Wrong for the Right Reasons: ASIC and Foreign Language Business Names” – Timothy Magarry; “Off-duty Misconduct and the Employment Relationship: A Review of the Case Law” – Giuseppe Carabetta; and “”Criminalising Wage Theft” – Some Observations on Deterrence, Enforcement and Compliance” – Mark Lewis. Also in this Part are the following sections: Editorial – Michael Terceiro; Company and Law Securities: “”Carrying on Business in Australia”: A Study of Court Judgments” – Ian Ramsay and Mihika Upadhyaya; and Commercial Litigation: “A More Assertive Approach by ASIC to Using Information-Gathering Powers and Challenging Privilege Claims?” – Michael Legg and Daniel Faber.
Journal of Civil Litigation and Practice update: Vol 9 Pt 2
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “Digital Property Revisited” – David J Harvey; and “Drawing a Line in the Sand – Private International Commercial Arbitrations and United States Judicial Assistance Pursuant to 28 USC § 1782” – Joshua Kang and Michael Legg. Also in this Part are the following sections: Editorial: “A Significant COVID-19 Court Case” – Roderick Joyce QSO QC; and “The COVID-19 Pandemic and Courts as Essential Services” – Michael Legg; and Case Notes: “Inghams Enterprises v Hannigan – Do Not Play Chicken with Imprecise Drafting” – Jeremy Quan-Sing, Jonathan Light and Caroline Swartz-Zern; and “Proprietary Rights to Fish: Borwick Development Solutions Ltd v Clear Water Fisheries Ltd” – Brittany Rorrison and William Fotherby.
Australian Business Law Review update: Vol 48 Pt 3
The latest Part of the Australian Business Law Review includes the following articles: “The Mandatory Repair Scheme for Motor Vehicles 2019: Australia’s First Response to the International Right to Repair Movement?” – Leanne Wiseman, Kanchana Kariyawasam and Lucas Davey; “Working for the Brand: The Regulation of Employment in Franchise Systems in Australia” – Tess Hardy; “Fair Work Bargaining for Police: A Proposal for Reform” – Giuseppe Carabetta; and “Are the “Efficiently, Honestly and Fairly” and Unconscionable Conduct Civil Penalty Provisions Equally as Effective in Combating Unfair Practices By Licensees?” – Jessica Zarkovic. Also in this Part are the following sections: Editorial by Michael Terceiro; Competition Law and Market Regulation: “Natural Meaning Equals Natural Monopoly: New Declaration Criteria for Access to Services under the Competition and Consumer Act” – Michael Gvozdenovic; and Company Law and Securities: “ASIC v King – The High Court Clarifies Who Is an “Officer” of a Corporation” – Jennifer Chambers, Michael Legg and Lindsay Stankovic.
Australian Business Law Review update: Vol 48 Pt 2
The latest Part of the Australian Business Law Review includes the following articles: “COVID-19, JobKeeper and Stand Down under the Fair Work Act 2009 (Cth): A Review of the Law” – Victoria Lambropoulos; “The Contractual Impact of COVID-19 on Corporate and Financial Transactions” – Andrew Godwin; “The Challenges of Navigating the COVID-19 Pandemic for Australia’s Franchise Sector” – Jenny Buchan and Rob Nicholls; “Courts, Mediation and COVID-19” – Tania Sourdin and John Zeleznikow; “Commercial Litigation and COVID-19 – the Role and Limits of Technology” – Michael Legg and Anthony Song; “Frustratingly Unclear? The Interplay Between Common Law, Statute and the ACL in Assessing Consumer Rights in a Time of Crisis” – Alex Jane and Jeannie Marie Paterson; “Prepayments, the ACL and the ASIC Act” – Philip H Clarke; “COVID Collaboration and Competition Policy: Authorisation vs Forbearance as Crisis Responses” – David Howarth and Harriet Alexander; and “Transport, Drones and Regulatory Challenges: Risk Accountability Meets COVID Fast Tracking of a Critical Industry” – J Tarr, A Tarr and K Paynter. Also in this Part is an Editorial by Dr Victoria Lambropoulos.
Australian Business Law Review update: Vol 48 Pt 1
The latest Part of the Australian Business Law Review includes the following articles: “The “Safe Harbour” Reform of Directors’ Insolvent Trading Liability in Australia: Insolvency Professionals’ Views” – Ian Ramsay and Stacey Steele; “To Bar Order, or Not to Bar Order: Facilitating Settlement in Australian Anti-Cartel Class Actions” – Bethany Moore; “Reforming Private Whistleblower Protections – What Next in Australia?” – David A Chaikin; and “Financial Reporting and Disclosure of Intangible and Intellectual Property Assets by Australian Listed Entities Between 2004 and 2018” – Tony Ciro and Bülend Terzioglu. Also in this Part are the following sections: Editorial by Michael Terceiro; Consumer Protection: “Making Liars of Us All!” – Ian Tonking SC; and Commercial Litigation: “In-house Counsel, the Requirement of Independence and Legal Professional Privilege – Martin v Norton Rose Fulbright Australia (No 2) [2019] FCA 96” – Michael Legg.
Company and Securities Law Journal update: Vol 37 Pt 5
The latest Part of the Company and Securities Law Journal includes the following articles: “Market-based Causation after TPT Patrol Pty Ltd v Myer Holdings Ltd” – Corey Byrne and Michael Legg; “Delegation by Superannuation Fund Trustees” – M Scott Donald; and “Competition and Efficiency at the Mercy of Equality: Balancing the Equal Opportunity Principle and Maintaining a Competitive and Efficient Market” – Vanessa Murphy. This issue also includes the following sections: Editorial; Book Review: “A Case for Shareholders’ Fiduciary Duties in Common Law Asia” by Ernest Lim – reviewed by Associate Professor Rosemary Teele Langford; Directors’ Duties: “Cassimatis v Australian Securities and Investments Commission [2020] FCAFC 52 – “Dystopian Accessorial Liability” or The End of “Stepping Stones” as We Know It?” – Rosemary Teele Langford; and New Zealand and South Pacific: “Supporting SME Fundraising in Fiji” – Gordon Walker.
Journal of Civil Litigation and Practice update: Vol 8 Pt 3
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “Piloting Online Dispute Resolution Simulations for Law Students Studying Alternative Dispute Resolution: A Case Study Using Modria Software at Victoria University” – Nussen Ainsworth, Colin Rule and John Zeleznikow; and “Using ADR Techniques to Enhance the Integrity and Utility of Expert Evidence” – Fleur Y Kingham. Also in this Part are the following sections: Editorial Comments on “Barristers’ Fees – a Reaffirmation of Traditional Obligations in New Zealand” – Roderick Joyce QSO QC and “Case Management and Judicial Bias” – Michael Legg; and Case Notes: “Apparent Authority in the Privy Council: East Asia Company Ltd v PT Satria Tirtatama Energindo” – William Fotherby.
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