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.
Australian Business Law Review update: Vol 47 Pt 4
The latest Part of the Australian Business Law Review includes the following articles: “‘Why Not Litigate?’ – The Royal Commission, ASIC and the Future of the Enforcement Pyramid” – Michael Legg and Stephen Speirs; “The Lawfulness of the Dismissal/Termination of an Employee Who Has Expressed ‘Unwelcome’ Religious Views” – Anthony Gray; “Online Auctions and Consumer Protection in the United Kingdom and Australia: The Value of Transparency” – Jodi Gardner and Kanchana Kariyawasam; and “The Legal Implications of E-commerce for the Australian Franchise Sector” – Zhanna Kremez, Kanchana Kariyawasam and Lorelle Frazer. Also in this Part are the following sections: Consumer Protection: “Penalising the Inclusion of Unfair Terms in Standard Form Small Business Contracts – A Critical Analysis” – Mark Lewis; Industrial and Workplace Relations Law: “Small Business and Unfair Dismissal: A Review of the Australian Small Business and Family Enterprise Ombudsman’s Proposed Reforms” – Victoria Lambropoulos; and Book Review: “The Legitimacy and Responsiveness of Industry Rule-making”, by Karen Lee – Reviewed by Rob Nicholls.
Journal of Civil Litigation and Practice update: Vol 8 Pt 2
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “An Argument for Abolishing the Right to Civil Appeal” – Mark J Rankin; and “Representative Party Standing and Sub-Groups in New South Wales Class Actions” – Michael Legg and Laura Uptin. Also in this Part are the following sections: Editorial Comments on “Costs” – Michael Legg and “What Did the Court Actually Say? – Judicial Clarity” – Roderick Joyce QSO QC; and Case Notes: “Suing Unknown Defendants: Cameron v Liverpool Victoria Insurance Co Ltd [2019] UKSC 6, [2019] 1 WLR 1471” – William Fotherby and “Sargeant v FSS Trustee Corporation and MetLife Insurance Ltd [2018] NSWSC 1997 (21 December 2018)” – Jeremy L Harrison.
Journal of Civil Litigation and Practice update: Vol 8 Pt 1
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “Court Review of the Decisions of the Australian Financial Complaints Authority and Its Predecessors” – Ian Ramsay and Miranda Webster; and “Legal Professional Privilege in the Third-Party Funding Context” – Nathan Landis. Also in this Part are the following sections: Editorial Comments on “The Courts and Our Daily Lives” – Roderick Joyce QSO QC and “Technology and Civil Justice” – Michael Legg; Case Notes: “Newling v FSS Trustee Corp (No 2) [2018] NSWSC 1405” – Jeremy L Harrison; and Book Review: “Friston on Costs (3rd Ed), by Mark Friston” – Roger Quick and Stephen Warne.
Australian Business Law Review update: Vol 47 Pt 2
The latest Part of the Australian Business Law Review includes an Editorial by Michael Terceiro. It also contains the following articles: “Selling Printed Goods or Facilitating Printing Gigs: The Redbubble Puzzle” – David J Brennan; “The 2018 Review of the Franchising Code of Conduct: Epicentre of a Year of Scrutiny for Australian Franchising” – Jenny Buchan; “Confessions of an Earnest Regulator” – Michael T Schaper; and the following sections: Competition Law and Market Regulation: “Harper Report Implementation Breakdown: Repeal of Section 51(3) of Competition and Consumer Act 2010 (Cth) and Lack of Proposed Supply/Acquisition Agreement Cartel Exception” – Brent Fisse; and Commercial Litigation: “The Privileges against Self-incrimination and Self-exposure to Penalties in Commercial Litigation: Sadie Ville v Deloitte” – Michael Legg and Stephanie Crosbie.
Journal of Civil Litigation and Practice update: Vol 7 Pt 2 (Special Issue)
This issue of the Journal of Civil Litigation and Practice is a Special Issue focused on “Civil Justice”. Containing a collection of articles presented at the Civil Justice Forum held at RMIT University on 13 and 14 February 2018, this issue covers the following: “Suppression and Non-publication Orders in Civil Litigation” – BC Cairns; “Pre-action Requirements in Medical Negligence Matters” – Tania Sourdin, Margaret Castles and Madeline Muddle; “Could Civil Case Management Benefit from a Litigant Vulnerability Assessment Scheme?” – Sonya Willis; and “Processes for Disputing Liability to Pay Workers’ Compensation for Psychological Injury” – Olivia Rundle, Megan Woods and Laura Michaelson. Also in this part is the Editorial Comment and the following Case Notes: “ARB – MED – ARB: Ku-Ring-Gai Council v Ichor Constructions Pty Ltd [2018] NSWSC 610” – Brigitte Gasson; and “Rozenblit v Vainer (2018) 92 ALJR 600; [2018] HCA 23: Order for Stay of Proceedings in the Case of the Impecunious Plaintiff” – Ella Howard.
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