Australian Business Law Review update: Vol 49 Pt 4
The latest Part of the Australian Business Law Review includes the following articles: “Causation in Misuse of Market Power Claims under the Competition and Consumer Act 2010 (Cth)” – Katharine Kemp; “Insurance Claims Handling and Settling as a Financial Service after the Banking Royal Commission” – Paul Latimer; “The Role of Agency in Competition Law: The Australian Flight Centre Case” – Rhonda L Smith and Arlen Duke; and “World First: An Australian Court Opens the Door to Inventor Recognition for Artificial Intelligence Systems” – AJ George and JA Tarr. Also in this Part are the following sections: Editorial; and Commercial Litigation: “Climate-related Risk Heating Up Down Under” – Jennifer Chambers and Leah Ratcliff.
Journal of Civil Litigation and Practice update: Vol 10 Pt 2
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “Restoring Legitimacy: The Subpoena to Produce in Civil Litigation” – Talitha Fishburn; and “The Future of Common Fund Orders in Australian Class Actions After BMW Australia Ltd v Brewster” – Michael Legg. Also in this Part are the following sections: Editorial: “The Duty to the Court in Relation to Discovery” – Michael Legg; Case Note – New Zealand: “Fairfax v Voller” – Judge David Harvey; Case Note – United Kingdom: “Municipio De Mariana v BHP Group plc [2021] EWCA Civ 1156” – Sam Clarke; and Court Watch: “Preliminary Discovery” – Bernard Cairns; and “Bias and Procedural Fairness at Trial – an Update” – Bernard Cairns.
Australian Tax Review update: Vol 50 Pt 2
The latest Part of the Australian Tax Review includes the following articles: “COVID-19 and Childcare Expense Deductions: Revisiting the Decision in Lodge” – Lydia Thiagarajah and Amanda Darshini Selvarajah; “COVID-19 Responses and the Contemplative Worker’s Home Occupancy Expense Claim” – Elizabeth F Morton, Michael F Curran and Sarah A Hinchliffe; “Ambiguous Doctrines and Legislative Responses to Current/Capital Expenditure” – Christina Allen; and “Stretching the Concept of Charity in the Tax Context: Membership-based Entities as Charities” – Ann O’Connell. Also in this Part are the following sections: Editorial: “Responding to the Continuing Challenges of COVID-19”; Case Note: “The Commissioner of Taxation’s Power to Require the Production of Information and Challenge Claims of Legal Professional Privilege” – Ram Pandey and Michael Legg; and Book Review: “The Allocation of Multinational Business Income: Reassessing the Formulary Apportionment Option”, by Richard Krever and François Vaillancourt (eds) – Reviewed by John Azzi.
Australian Business Law Review update: Vol 49 Pt 3
The latest Part of the Australian Business Law Review includes the following articles: “Regulating a Quick Fix for Debt Problems” – Vivien Chen and Candice Lemaitre; “Autonomous Vehicles: Regulatory, Insurance and Liability Issues” – Julie-Anne Tarr, AA Tarr and AJ George; and “Unconscionable Conduct under the Australian Consumer Law: Clarification and Contention” – Philip H Clarke. Also in this Part are the following sections: Editorial – Michael Terceiro; Commercial Litigation: “Implications of the Victorian Class Action Contingency Fee Reforms” – John Emmerig and Emily Vale; and Book Review: “Reinventing Bankruptcy Law: A History of the Companies’ Creditors Arrangement Act”, by Virginia Torrie – Reviewed by Jason Harris.
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.
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Criminal Law Journal update: Vol 45 Pt 4
The latest Part of the Criminal Law Journal includes the following articles: “Legal Aid Commission of New South Wales: Aiding the Individual, the Nation and the Institutions” – The Hon Justice Michelle Gordon AC; “Criminalising ‘Wage Theft’ in Australia: Property, Stealing, and Other Concepts” – Joachim Dietrich and Matthew Raj; and “Myths, Misconceptions and Mixed Messages: An Early Look at the New Tendency and Coincidence Evidence Provisions” – David Hamer.
Also in this Part is an Editorial: “The Questionable Legitimacy of the Criminal Law as the Front Line of Defence against COVID-19: Long-term Implications”; Comment: “Overcoming Password Protection and Encryption of Smart Phones and Computers to Facilitate the Execution of Commonwealth Search Warrants – s 3LA of the Crimes Act 1914 (Cth)” – Michael Legg and Stephanie Crosbie; and Digest of Criminal Law Cases.