The latest Part of the Australian Law Journal includes the following articles: “Conscience, Fair-Dealing and Commerce: Parliaments and the Courts” – Chief Justice James Allsop AO; and “The Decline and Fall of Australia’s Law Reform Institutions – And the Prospects of Revival” – Hon Michael Kirby AC CMG. Also in this Part are the following sections: Current Issues; Conveyancing and Property; Around the Nation: Victoria; Competition and Consumer Law; Recent Cases; and Book Reviews.
Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged ALJ, Anderson v Anderson [2017] NSWCA 131, Angelina Gomez, Around the Nation: Victoria, Australian Marriage Law Postal Survey, Ben Kremer, Book reviews, Brendan Edgeworth, charitable status of professional regulation, Chief Justice James Allsop AO, competition and consumer law, Conveyancing and property, Current issues, Dr J M Bennett AM, estoppel, fair-dealing in commerce, Foreign Currency – Claims Judgment and Damages, Gabrielle Appleby, George Palmer QC, Gregory Tolhurst, Hon Michael Kirby AC CMG, J A Watson, John Basten, John Carter, John Kimbell, John Knott, joint tenancies, Justice Clyde Croft, Justice François Kunc, Keith Mason, law reform commissions, Mason & Carter’s Restitution Law in Australia, Michael Howard, Miller Heiman Pty Ltd v Sales Principles Pty Ltd [2017] NSWCA 106, modern slavery, moral obloquy and unconscionability, Music and the Law, native title, Northern Territory v Griffiths [2107] FCAFC 106, NSW Bar Association strategic plan, Nuncio D’Angelo, Paraskevy Kontoleon, Peter MacFarlane, Peter W Young AO QC, Priestley v Priestley [2017] NSWCA 155, Recent cases, Robert Angyal SC, Robert Baxt AO, Rosalind Dixon, Ruth C A Higgins, same-sex marriage law reform, Sir Frederick Darley: Sixth Chief Justice of New South Wales 1886-1910, statutory age for judicial retirement, The Critical Judgments Project – Re-reading Monis v The Queen, The Duty to Account – Development and Principles |
The latest Part of the Property Law Review includes the following content: “The doctrine of extinguishment: And then there was Congoo” – MA Stephenson; “Section 51(xxxi): A ‘constitutional guarantee’ to disappoint property owners” – Paulina Fishman; “The Crown and possessory title of Torrens land in South Australia” – Paul Babie; Singapore: “Recent developments: Islamic charitable trusts, implied easements, compulsory acquisition, and laches as a defence to an action for an account” – Kelvin Low; Queensland: “Taking reasonable steps to verify identity – When are further inquiries necessary to meet the standard?” – Sharon Christensen; “Changes to the Retail Shop Leases Act 1994 (Qld)” – Bill Dixon.
Posted in Journals, Property Law Review (Prop L Rev), Update Summaries | Tagged "constitutional guarantee", “safe harbour” requirements, action for account, adverse possession, Bill Dixon, bona vacantia, Carey Gulley Squatter, common law extinguishment, compulsory acquisition of property, defence of laches, environmental protection, escheat, fair compensation, implied easements, Islamic charitable trusts, Jennifer Stuckey-Clarke, Kelvin Low, MA Stephenson, Mabo v Queensland (No 2), native title, New South Wales Land and Environment Court (NSWLEC), Paul Babie, Paulina Fishman, possessory title, Prop L Rev, public trust, Queensland Land Registry, Queensland v Congoo (2015) 256 CLR 239; 89 ALJR 538; [2015] HCA 17, reasonable steps to verify identity, Retail Shop Leases Act 1994 (Qld), Retail Shop Leases Amendment Act 2016 (Qld), section 51(xxxi) of the Australian Constitution, Sharon Christensen, Singapore, South Australian Torrens land, Torrens indefeasibility, trustee duty to account, Upper Mooki Landcare Inc v Shenhua Watermark Coal Pty Ltd (2016) 216 LGERA 40; [2016] NSWLEC 6, VOI Standard, wakafs |
The latest Part of the Property Law Review includes the following content: “Developing the ultimate cadastre: Using indefeasibility to guarantee geodetic defined land boundaries” – Lynden Griggs; “Towards women’s equal right to property: Recent judicial developments in India” – Archana Mishra; “Succession and inheritance law in Nigeria: Resolving the discriminatory proprietary rights of widows and children” – T Kehinde Adekunle; New Zealand: “Developments in easements – or easements in development?” – Thomas Gibbons; Singapore: “Recent developments: Leases, interests of specific legatees, indefeasibility and collective sales” – Kelvin Low; South Australia: “Is native title a defence to a mortgagee’s right to possession?” – Paul Babie; Western Australia: “Legislation and case law developments: Strata title; residential parks; rent review provisions and uncertainty” – Eileen Webb.
Posted in Journals, Property Law Review (Prop L Rev), Update Summaries | Tagged Archana Mishra, boundary disputes, Cadastre 2034, collective sales, coparcenary claims, developments, digital cadastre, easements, Eileen Web, geodetic defined land boundaries, Hindu inheritance law, Hindu Succession (Amendment) Act 2005 (IND), indefeasibility, India, Kelvin Low, leases, Lynden Griggs, mortgagee’s right to possession, native title, New Zealand, Nigerian inheritance law, Paul Babie, Prop L Rev, proprietary rights of widows and children, rent review provisions, residential parks, Singapore Torrens system, South Australia, specific legatees, succession, T Kehinde Adekunle, Thomas Gibbons, tribal women, uncertainty, Western Australia, Westpac Banking Corporation v Chamberlain, women’s equal right to property |
The latest Part of the Australian Law Journal includes the following articles: “Gaining public confidence in the judiciary: Sir William Portus Cullen, Chief Justice of New South Wales, 1910-1925” – Tony Cunneen; and “The negation of venting in Australian sentencing: Denouncing denunciation and retribution” – Professor Mirko Bagaric. Also in this Part are the following sections: Current issues; Conveyancing and Property; Family Law; Personalia; International Focus; Competition and Consumer Law; and Recent Cases. There is also a letter to the editor and an obituary for Kevin Maurice Waller.
Posted in Australian Law Journal, The (ALJ), Update Summaries | Tagged Acting Justice Peter W Young AO, administrative law, ALJ, Anthony Dickey QC, anti-competitive mergers, Chief Justice, Chief Justice Helen Murrell, Chief Justice Terence Higgins AO, competition and consumer law, Conveyancing and property, costs, Current issues, denunciation, evidence, family law, International focus, Kevin Maurice Waller, letter to the editor, limitation of action, native title, Obituary, Personalia, Professor Mirko Bagaric, property interests, Recent cases, retribution, Robert Baxt AO, Ryszard Piotrowicz, sentencing, Sienna Merope, Sir William Portus Cullen, Tony Cunneen |
Thomson Reuters is pleased to announce the appointment of Jennifer Stuckey-Clarke as a brand new New South Wales Section Editor for Property Law Review. Jennifer Stuckey-Clarke is a barrister practising in Sydney at 15 Wardell Chambers. Educated at the Australian National University and Cambridge University, she was Senior Lecturer in Equity and Trusts and Intellectual ...more
Posted in News & Insight, Property Law Review (Prop L Rev) | Tagged barrister, Conveyancing and property, Jennifer Stuckey-Clarke, land law, native title, NSW, Prop L Rev, Property, Section Editor, Sections |
The latest Part of EPLJ includes the following: “Transferable lessons for climate change adaptation planning? Managing bushfire and coastal climate hazards in Australia” – Anita Foerster, Andrew Macintosh and Jan McDonald; “Adaptive reuse of heritage buildings – do current planning and heritage controls support the concept?” – Paul Leadbeter; “The role of export credit agencies in environmental management: International benchmarks in ECA financing” – Susan Shearing; “Environmental property rights in Australia: Constructing a new Tower of Babel” – Paul Martin, Amanda Kennedy, John Page and Jacqueline Williams; and “Native title – a right to burn and fire the land? Savanna burning and the Carbon Farming Initiative in northern Australia” – Michael O’Donnell.
Posted in Environmental and Planning Law Journal (EPLJ), Update Summaries | Tagged Amanda Kennedy, Andrew Macintosh, Anita Foerster, bushfire, Carbon Farming Initiative, climate change, coastal climate hazards, environmental management, environmental property rights, EPLJ, export credit agencies, heritage buildings, Jacqueline Williams, Jan McDonald, John Page, Michael O'Donnell, native title, Paul Leadbeter, Paul Martin, planning controls, Susan Shearing |
The latest Part of the Local Government Law Journal publishes an article by Michael Walton about the relationship between native title and Queensland planning legislation. Also in this Part is a Digest of Cases and Local Government and Planning Law Guide Cases sections: “Supreme Court and Equivalent Decisions” and “Merits Appeals”.
The latest Part of the Public Law Review includes articles on a wide range of topics, including the loss or impairment of native title; s 6(2)(b) of the Charter of Human Rights and Responsibilities Act 2006 (Vic); what role international law should play in Australian constitutional interpretation; and the power of State parliaments to entrench legislation by enacting manner or form requirements. There are also two Comments, the first discussing executive power after Williams v Commonwealth and the second looks at the use of representative government to bypass representative government. There is also a Developments section.
Posted in Public Law Review (PLR), Update Summaries | Tagged Amanda Sapienza, Benjamin B Saunders, Brent Michael, chaplains, Charter of Human Rights and Responsibilities Act 2006 (Vic), Comments, compensation, constitutional interpretation, developments, executive power, form requirements, international law, Jeffrey Goldsworthy, manner requirements, native title, PLR, representative government, Sturt Glacken, Thomas Roszkowski, Timothy Lau |
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Public Law Review update: March 2014
The latest Part of PLR publishes the following articles: “The physics of jurisdictional error” – Steven Forrest; “Expert panels, public engagement and constitutional reform” – Paul Kildea; and “State tribunals within and without the integrated federal judicial system” – David Rowe; and the following Comments: “Anti-terrorism law reform: Now or never?” – Jessie Blackbourn; “Native title extinguishment law in the High Court” – Sean Brennan; “The constitutional role of the judge” – The Hon William Gummow AC; and “Judicial power and declarations of rights inconsistency” – The Hon Justice Steven Rares. There is also a book review and a developments section.