The latest Part of the Australian Law Journal contains the following articles: “Seriously Considering ‘Seriously Considered Dicta’: Precedent after Farah Constructions” – Bernice Chen; and “Leadership Spill Rules from the Constitutional Perspective” – Greg Taylor. This Part also includes the following sections: Current Issues: “Options for the Voice to Parliament Released”; “From ‘young’ to ‘one’ by Proclamation”; “Constitutional Unwritten ‘norms’ in the United States”; “Courtroom Drama in England”; and “The Curated Page”; Conveyancing and Property: “Ben-Pelech v Royle: Adverse Possession Alive and Well in Western Australia”; Admiralty and Maritime: “‘World in a Box’ What Legal Issues Might Yet Need to Be Resolved and by What Mechanism?”; Equity and Trusts: “When Is an Express Trust Not a ‘Trust’?”; Family Law: “Pell v The Queen, Unacceptable Risk and Relevant Findings as to the Risk of Harm”; Recent Cases: “Negligence – Public Authorities – Costs – Plaintiff Succeeded against Council and Trust but Failed against State and Grandparents – Trial Judge Declined to Make Bullock or Sanderson Order – Whether Error in Failing to Find That Council Caused Plaintiff to Join Other Parties – Non-acceptance of Calderbank Letter – Whether Trial Judge Erred in Making Partial Indemnity Costs Order”; and Book Reviews: “Church, State and Family: Reconciling Traditional Teachings and Modern Liberties”, by John Witte; “Victor Windeyer’s Legacy – Legal and Military Papers”, edited by Bruce M Debelle AO QC; “Interpreting Executive Power”, by Janina Boughey and Lisa Burton Crawford (eds); “The Foundations and Future of Public Law”, by Elizabeth Fisher, Jeff King and Alison L Young (eds); “Statutory Interpretation in Private Law”, by Prue Vines and M Scott Donald (eds); “Rectification of Documents”, by John Tarrant; and “Lord Devlin”, by Justice John Sackar.
The latest Part of the Australian Law Journal contains speeches presented at the ALJ’s 90th Anniversary celebrations in the Banco Court of the NSW Supreme Court; a welcome to the co-editors of the “Conveyancing and Property Section” upon the retirement of Emeritus Professor Peter Butt; and a look back at the beginnings of the Journal, as covered by the press and media outlets of the day, in a fascinating piece by the Hon Justice Reginald Barrett. This Part contains the following articles: “The in personam exception to Torrens indefeasibility” – Hon William Gummow AC; “Artificial Intelligence in the courts, legal academia and legal practice” – Lyria Bennett Moses; “Taking advantage of advances in technology to enhance the rule of law” – Robert Size. It also includes the following sections: Current Issues; Letters to the Editor; Conveyancing and Property; International Focus; Competition and Consumer Law; Recent Cases; Book Reviews and Obituary.
The latest Part of the Australian Law Journal contains “Current Issues” by General Editor, the Hon Justice François Kunc. It contains the following articles: “Getting to Grips with Encroachments on Freedoms in Commonwealth Laws: The ALRC Freedoms Inquiry” – Rosalind Croucher; “Why are Decisions on Family Property so Inconsistent?” – Patrick Parkinson AM. This Part also includes the following sections: Conveyancing and Property; Overseas Law; Environmental Law; Recent Cases, Book Reviews and Obituary.
The Spring 2015 Part of the Workplace Review includes the following content: “Regulation of union ballots in Australia – a reflection” – Keith Harvey; “Sections 433 and 561 of the Corporations Act: Priority to payment of employee entitlements?” – John-Paul Redmond; “‘Bullying’ in common law litigation” – Lachlan Robison; as well as the following sections: Focus on Queensland: “Gramotnev v Queensland University of Technology” – Geraldine Dann; Interview: “Doing it his way: Martin Ferguson steps out of Labor’s shadow” – by Steven Andrew; Common Law and General Protections: “Identifying the prohibited reason for adverse action, rears its problematic head again” – Mark Caile and Dr Victoria Lambropoulos; Book Review: Hogs & Sybarites, “When We Were Young & Foolish” – reviewed by Ed Day; The Last Word; and Diary.
The latest Part of the Journal of Law and Medicine includes the following sections: Editorial: “The medico-scientific marginalisation of homeopathy: International legal and regulatory developments” – Ian Freckelton QC; Legal Issues: “Disciplinary proceedings against doctors who abuse controlled substances” – Danuta Mendelson; Medical Issues: “Methamphetamine: Where will the stampede take us?” – Danny Sullivan and Michael McDonough; Bioethical Issues: “‘Never regard yourself as already so thoroughly informed’: The withdrawal of its invitation to Rodney Syme to address its 2015 congress by the Royal Australasian College of Physicians” – Malcolm Parker, Ian Kerridge and Paul Komesaroff; Medical Law Reporter: “Australian Competition and Consumer Commission v ACN 117 372 915: Should consumer law regulate doctor-patient relations in a corporatised health care system?” – Jessica Wallace, Ella Pyman and Thomas Faunce; and Letter to the Editor. Also in this Part are the following articles: “Medical teams and the standard of care in negligence” – Carolyn Sappideen; “Prevention of non-communicable diseases in Australia: What role should public health law play?” – Kate Mulvany; “Personal responsibility or shared responsibility: What is the appropriate role of the law in obesity prevention?” – Benjamin Brooks; “Assessing testamentary and decision-making capacity: Approaches and models” – Kelly Purser and Tuly Rosenfeld; “Slice them up or slice them out? Legal liability for operating on the troublesome patient in cosmetic surgery” – Aileen Kennedy; “State intervention in pregnancy: Should the law respond thus to the problem of Foetal Alcohol Spectrum Disorder?” – Emily Gordon; “Criminal injuries compensation: Protecting vulnerable applicants” – Robert Guthrie; “Unwanted pregnancy: The outer boundary of “treatment injury” in the New Zealand accident compensation scheme” – Rosemary Tobin; “Patient’s right to information under the New Zealand Code of Rights” – Kyla Mullen; and “A way through the dark and thorny thickets? The adjudication of “serious injury” under the narrative tests in the Transport Accident Act 1986 (Vic) and the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic)” – Jason Taliadoros. There is also a review of the book “A Scientist in Wonderland: A Memoir of Searching for Truth and Finding Trouble” by Edzard Ernst.
The latest Part of the Journal of Law and Medicine includes the following sections: Editorial: “Criminalising research fraud” – Ian Freckelton QC; Legal Issues: “Disciplinary proceedings for inappropriate prescription of opioid medications by medical practitioners in Australia (2010-2014)” – Danuta Mendelson; Medical Issues: “Legal liability for psychiatrists’ decisions about involuntary inpatient status for mental health patients” – Ian Freckelton QC; Bioethical Issues: “Is a cleft lip and palate a serious “handicap”? Jepson v Chief Constable of West Mercia – A legal and ethical critique” – Michael Morrison and Grant Gillett; Nursing Issues: “Nursing documentation: A valuable clinical activity” – Kim Forrester; Medical Law Reporter: “Crimes Amendment (Zoe’s Law) Bill 2013 (No 2): Paradoxical commercial impacts of the conservative agenda on fetal rights” – Roseanna Bricknell and Thomas Faunce; Letter to the Editor and Book Review: Maralinga by Frank Walker. Also in this Part are the following articles: “The bereavement gap: Grief, human dignity and legal personhood in the debate over Zoe’s Law” – Hannah Robert; “The standard of medical care under the Australian Civil Liability Acts: Ten years on” – Joseph Lee; “Holding unregistered health practitioners to account: An analysis of current regulatory and legislative approaches” – Jon Wardle; “Voluntary palliated starvation: A lawful and ethical way to die?” – Ben White, Lindy Willmott and Julian Savulescu; “Confusing criminal and civil law: When may a hospital refuse to release a dead body?” – Steven B Gallagher; “A right to choose how to live: The Australian common law position on refusals of care” – Katherine Curnow; “New Zealand’s Mental Health District Inspector in historical context: ‘The impartial scrutiny of a citizen of standing’” – Kate Prebble, Claire Gooder and Katey Thom; “Wrongful life claims and negligent selection of gametes or embryos in infertility treatments: A quest for coherence” – Noam Gur; “Young people and medical procedures: Whether or not young people can be competent to make medical decisions in their own interests” – Michael Easton; and “We didn’t start this fireless vapour: E-cigarette legislation in Australia” – Dr Marilyn Krawitz
The first Part of Volume 21 of the Journal of Law and Medicine includes several interesting articles and sections on various aspects of medical law. The topics covered include the risk of recidivism in de-registered health practitioners, negligent pre-birth genetic testing, refusal of medical treatment, misleading vaccination and immunisation information, the ethics of dementia research, disclosure of genetic information to genetic relatives, plus much more!
The July 2013 issue of The Tort Law Review includes an article by Swati Jhaveri uses wrongful conceptions as a case study to illustrate judicial strategies in recognising new areas for recovery in negligence, an article by Charles Feeny which considers the state of the law in relation to mesothelioma claims and an article by Sarah Alexandra Holloway that asks whether a plaintiff recover for loss of a less than even chance in medical negligence cases after Tabet v Gett.
The latest Part of the Building and Construction Law Journal publishes an article by David Levin QC and Luke Stanistreet which asks whether a payment claim be made in good faith and an article by James Ioannou discussing the issues of negligence and the obligation to warn in the construction industry. There are also Reports on the following cases: ALH Group Property Holdings Pty Ltd v Chief Commissioner of State Revenue, Management 3 Group Pty Ltd (in liq) v Lenny’s Commercial Kitchens Pty Ltd, Hi-Tech Telecom v RSL Com Australia and VDM Construction Pty Ltd v MCC Mining (Western Australia) Pty Ltd.
The second Part of the Australian Law Journal for 2012 includes the usual interesting mix of articles and sections, with something to interest everyone. The articles cover such diverse topics as personal injury resulting from negligence, recent changes to the arbitral legislative regime in Australia, and asset lending with an improvident borrower. The sections range from the annual report of the New South Wales Judicial Commission, to indefeasibility and forged mortgages and from admiralty jurisdiction to the obligations of creditor to guarantor, plus much more.