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Australian Law Journal update: Vol 94 Pt 9

By Journal Alerts on September 17, 2020

The latest Part of the Australian Law Journal contains the following articles: “What Remains Of The Engineers Case? A Centenary Appraisal” – Nicholas Aroney; “The Evolution From Strict Liability To Negligence: Implications For The Tort Of Private Nuisance – Part 2” – Anthony Gray; and “Pandemic Justice – An Historical Perspective” – The Honourable Justice John Logan RFD. This Part also includes the following sections: Current Issues; Conveyancing and Property; Admiralty and Maritime; New Zealand; International Focus; and Personalia.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged 1919 Spanish influenza, A Letter to the Commonwealth Attorney-General, administration of justice in Australia during the COVID-19 global pandemic, Admiralty and Maritime, ALJ, Anthony Gray, articles, Associate Justice Julian Hetyey, balanced interpretive approach, Brendan Edgeworth, Civil Justice Reform in New Zealand, Conveyancing and property, Coronavirus, COVID-19, Current issues, Dr Damien J Cremean, Emily Vale, fault-based system of liability, Fraud the In Personam Exception and Enforcing the Undertakings of Predecessors, High Court decisions, International focus, International Inquiries and Fact-finding in International Law, Justice Frances Williams, Justice François Kunc, Justice Mark Livesey, Justice Matthew Palmer, Justice Peter Callaghan, New Zealand, Nicholas Aroney, O’Connor J, Pandemic Justice – An Historical Perspective, Personalia, Power Candour and Decency in the Law, Professor Stuart Kaye, Queensland, Reflecting on Recent Events, Robert Angyal SC, Ruby Princess, Salvage and Voluntariness, Senior Counsel Appointments, Some Rights and Liabilities of Co-owners, South Australia, strict liability, Tasmania, The Curated Page, The Evolution From Strict Liability To Negligence: Implications For The Tort Of Private Nuisance – Part 2, The Honourable Justice John Logan RFD, Thinking about Judicial Independence, tort of negligence, tort of private nuisance, Victoria, What Remains Of The Engineers Case? A Centenary Appraisal | Leave a response

Special issue on COVID-19 published in the Journal of Law and Medicine

By Journal Alerts on August 14, 2020

Thomson Reuters is pleased to publish a special issue of the Journal of Law and Medicine on issues relating to COVID-19. It incorporates international perspectives, including from Brazil, Canada, Russia and New Zealand, as well as from Australia. The Journal carries an important multi-disciplinary review (by Mendelson et al) of issues arising from the use ...more

Posted in Journal of Law and Medicine (JLM), Uncategorized, Update Summaries | Tagged Australia, Brazil, Canada, community anxiety, compassion, containing community transmission, COVID-19, effects of the virus upon Australia's criminal law, forensic medical practice, health practitioners, international perspectives, JLM, lawfulness of public assemblies, New England Journal of Medicine, New Zealand, open access to research, pandemic, personal protective equipment, public health law decision by the Brazil High Court, reproductive issues and COVID-19, Russia, Russian legal response to the pandemic, Special Issue, The Lancet, wellbeing of children | Leave a response

Australian Law Journal update: Vol 93 Pt 12

By Journal Alerts on December 29, 2019

The latest Part of the Australian Law Journal contains the following articles: “Penalty Privilege in Non-curial Proceedings: The Decision in Frugtniet ” – Simon Frauenfelder; and “Collective Best Interests in Strata Collective Sales” – Edward S W Ti. This Part also includes the following sections: Current Issues; Letter to the Editor; Constitutional Law; Statutory Interpretation; New Zealand; Around the Nation: Northern Territory; Personalia; Recent Cases; and Book Review.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged A New Link across the Tasman, Administrative Appeals Tribunal, ALJ, An End-of-Year Innovation, Anne Twomey, Around the Nation: Northern Territory, articles, book review, Brexit, Chief Justice of New Zealand, Collective Best Interests In Strata Collective Sales, Commonwealth, Compulsory Retirement Age for Judges Increased to 72, constitutional law, Constitutional Law (Cth), Current issues, defamation, Dicey on Brexit and the Conservative Nature of Referendums, Edward S W Ti, Emily Vale, Hon Dean Mildren AM RFD QC, Implied Freedom of Communication on Governmental and Political Matters, Indonesian Law, Justice François Kunc, Justice Jennifer Hill, Justice John Snaden, Justice Matthew Palmer, Justice Stewart Anderson, Justice Wendy Abraham, letter to the editor, Liability of Media Company Owner of Public Facebook Page for Comments by Third Party Users, Migration Agents Registration Authority v Frugtniet, New South Wales’ strata regime, New Zealand, penalty privilege, Penalty Privilege In Non-Curial Proceedings: The Decision In Frugtniet, Personalia, Publication, Recent Bill of Rights Cases in New Zealand: From Toupee to Tooth Decay, Recent cases, Referendums, Ruth C A Higgins SC, Simon Butt, Simon Frauenfelder, ss 10(1) 13(11) and 15(1) of Public Service Act, Statute and the Common Law, Statutory interpretation, The Curated Page, The Hon John Basten, The Hon John Dowsett AM QC, The Right Honourable Dame Helen Winkelmann GNZ, three-factor test, Tim Lindsey, Western Australia | Leave a response

Journal of Banking and Finance Law and Practice update: Vol 30 Pt 3

By Journal Alerts on November 29, 2019

The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “Challenges for Regulatory Reform in the Finance Sector: Learnings from the Last Decade” – Alice Klettner; “Rights in Collateral under the PPSA: Rebutting the Minimalist Approach” – Craig Wappett and Anthony Duggan; and “The Evolution and Consolidation of External Dispute Resolution Schemes in the Financial Sector: From the Banking Ombudsman to the Australian Financial Complaints Authority” – Ian Ramsay and Miranda Webster. Also in this Part are the following Sections: Banking Law and Banking Practice; Insolvency Law and Management; New Zealand; and Tokyo.

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Journals, Update Summaries | Tagged Alice Klettner, alternative approach, Anthony Duggan, Australian Banking Industry Ombudsman (ABIO), Banking Law and Banking Practice, bitcoin, blockchain technology, Carter Holt Harvey, Craig Wappett, David Brown, David Craig, Dr Alan L Tyree, external dispute resolution (EDR), External Dispute Resolution Schemes in the Financial Sector, Gerard Breen, Guy Lethbridge, Hamersley v Forge, Ian Ramsay, immutability, Insolvency law and management, JBFLP, John Sheahan QC, Joto Tanpo, Lindsay Powers, Masahiro Ueno, Minimalist Articles, Miranda Webster, New Zealand, personal property securities, PPSA, Re Enhill, recharacterisation approach, Regulatory Reform in the Finance Sector, retention of title, Rights in Collateral under the PPSA, Ross Pennington, security interest, Simon Jensen, Steve Flynn, title retention arrangements, Tokyo, trading trust, unitary model | Leave a response

Property Law Review update: Vol 7 Pt 3

By Journal Alerts on November 26, 2018

The latest Part of the Property Law Review includes the following content: “Asset Protection and NSW Stamp Duty: A Symbiosis” – Rebecca Barbou; “Overriding Statutes and Torrens – Developing a Response to Torrens’s ‘Greatest Legal Enemy'” – Lynden Griggs; “Improving Housing Security through Tenancy Law Reform: Alternatives to Long Fixed Term Agreements” – Chris Martin; “Public Nuisance Claims in Climate Change Litigation: How Useful Are They?” – Jana Norman; “Sharing Property: Multi-owned Property Workshop – Sarah Blandy, Clare Mouat and Cathy Sherry; Queensland: “The Human Body and Private Property: Sperm Harvesting” – Sharon Christensen; New Zealand: “The Land Transfer Act 2017 – Part 1” – Thomas Gibbons; and United States: “Joint Bank Account Held by Husband and Wife – Presumption of Tenancy by the Entirety – Severance on Withdrawal by One” – John Orth. This issue also includes the following section: Editorial; and Book Reviews.

Posted in Journals, Property Law Review (Prop L Rev), Update Summaries | Tagged asset protection and NSW stamp duty, Book reviews, Cathy Sherry, Chris Martin, City of New York v BP plc, City of Oakland v BP, Clare Mouat, David Brown, Editorial, improving housing security, Jana Norman, John Orth, joint bank account held by husband and wife, Law of Personal Property, Lynden Griggs, multi-owned property workshop, New Zealand, overriding legislation and the Torrens system, Paul Babie, Peter Burdon, presumption of tenancy, Prop L Rev, public nuisance claims in climate change litigation, Queensland, Rebecca Barbour, Sarah Blandy, severance on withdrawal, Sharon Christensen, sperm harvesting, Sunburnt Country, tenancy law reform, The Land Transfer Act 2017 Part 1, Thomas Gibbons, United States | Leave a response

Company and Securities Law Journal update: Vol 36 Pt 2

By Journal Alerts on August 1, 2018

The latest Part of the Company and Securities Law Journal includes the following articles: “Directors’ Duties to Respect Human Rights in Offshore Operations and Supply Chains: An Emerging Paradigm” – Riana Cermak; and “Consumer Protection and Life Insurance Claims” – Andrew J Serpell. This issue also includes the following sections: Editorial; Corporate Insolvency – Helen Anderson: “Harmful Phoenix Activity and Disqualification from Managing Corporations: An Unenforceable Regime?” – Jasper Hedges, Helen Anderson, Ian Ramsay and Michelle Welsh; and New Zealand – Gordon R Walker: “McIntosh v Fisk [2017] NZSC 78: New Zealand’s Largest Ponzi Scheme and the Liquidator’s Clawback Powers: The Supreme Court Decision” – Trish Keeper.

Posted in Company and Securities Law Journal (C&SLJ), Journals, Update Summaries | Tagged “black letter law” of Corporations Act 2001 (Cth), 2017 Baxt Prize, Andrew J Serpell, ASIC’s Report No 498 (Life Insurance Claims Report), C&SLJ, consumer protection and life insurance claims, Corporate insolvency, corporate social responsibility, Corporations Act licensing and product disclosure regimes, Editorial, enforceability of director liability for human rights violations in offshore supply chains, Gordon R Walker, harmful phoenix activity, Helen Anderson, Ian Ramsay, Jasper Hedges, Life Insurance Code of Practice (Life Code), liquidator’s clawback powers, McIntosh v Fisk [2017] NZSC 78, Michelle Welsh, New Zealand, Paul Ali, Ponzi scheme, Riana Cermak, Trish Keeper, violation of human rights in offshore operations and supply chains | Leave a response

Journal of Banking and Finance Law and Practice Update: Vol 29 Pt 2

By Journal Alerts on July 13, 2018

The latest Part of the Journal of Banking and Finance Law and Practice includes the tribute: “Professor Robert (Bob) Baxt AO” – Ruth Baxt; and the following articles: “Australian Regulation of Blockchain and Distributed Ledger Technology in Banking and Finance” – Annabelle Simpson; “Disclosures and Reporting of Financial Derivatives: Evidence from Australia’s S&P/ ASX 50 Listed Firms” – Tony Ciro and Bulend Terzioglu; “Voluntary Arrangements and the “Clean Slate” Mess” – Paulina Fishman; and “Deposit Insurance: Friend or Foe?” – Crosby Radburn. Also in this Part are the following sections: Commercial and Financial Law; Insolvency Law and Management; and New Zealand.

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Journals, Update Summaries | Tagged Andrew Booth, Annabelle Simpson, blockchain, Bulend Terzioglu, Commercial and financial law, Crosby Radburn, David Craig, deposit insurance, distributed ledger technology (DLT), DLT in banking and finance, equitable liens, Gerard Breen, Guy Lethbridge, Hamersley Iron Pty Ltd v Forge Group Power Pty Ltd (2017) 320 FLR 259, Insolvency law and management, interest-based financing, Islamic banking and murabaha financing, Jason Harris, JBFLP, Lindsay Powers, Murabaha, Nathan Fulcher, New Zealand, Patrick Lowden, Paulina Fishman, Professor Robert Baxt AO, rights of property owners, Ross Pennington, Ruth Baxt, set-off under PPSA, Simon Jensen, Steve Flynn, Tony Ciro, unsecured creditor rights extinguished by voluntary arrangements, use of financial derivatives by Australia’s S&P/ASX 50 listed entities, voluntary arrangements with creditors | Leave a response

Company and Securities Law Journal update: Vol 36 Pt 1

By Journal Alerts on June 14, 2018

The latest Part of the Company and Securities Law Journal includes the following articles: “Imposing Fiduciary Duties on Credit Rating Agencies Towards Investors” – Meena Hanna; “Whistleblowing and Corporate Governance: Regulating to Reap the Governance Benefits of ‘Institutionalised’ Whistleblowing” – Sulette Lombard and Vivienne Brand; and “From Damages to Disgorgement: Civil Remedies for Insider Trading in Australia” – Mark Watts. This issue also includes the following sections: Editorial; Vale: “Bob Baxt” – Rosemary Langford; Current Developments – Legal and Administrative: “Australian Securities and Investments Commission v Flugge: Section 180 Strikes Again” – Tim Bednall; Corporate Finance: “Refinancing Purchase Money Security Interests: A Note on Allied Distribution Finance Pty Ltd v Samwise Holdings Pty Ltd” – Anthony Duggan; Hong Kong, Singapore and Malaysia: “Confucian Teaching as an Ethical Compass in Business” – Charles KN Lam and Professor SH Goo; Corporate Governance and Corporate Social Responsibility: “An Analysis of the Business Objectives of the Largest Listed Companies in Australia, The United Kingdom and the United States” – Ian Ramsay and Belinda Sandonato; and New Zealand: “Crowd-Sourced Funding, Cryptocurrencies and Initial Coin Offerings in Australia and New Zealand” – Dr Gordon Walker.

Posted in Company and Securities Law Journal (C&SLJ), Journals, Update Summaries | Tagged "institutionalised" whistleblowing, Allied Distribution Finance Pty Ltd v Samwise Holdings Pty Ltd, Anthony Duggan, Australian Securities and Investments Commission v Flugge, Belinda Sandonato, Bob Baxt AO, business objectives of largest companies in Australia UK and US, C&SLJ, Charles KN Lam, Confucian teaching in business, Corporate Finance, Corporate Governance and Corporate Social Responsibility, Corporations Act 2001 (Cth), crowd-sourced funding in Australia and New Zealand, cryptocurrencies in Australia and New Zealand, Current Developments - Legal and Administrative, disgorgement of profits, Editorial, fiduciary duties of credit rating agencies (CRAs), Gordon R Walker, Herbert Smith Freehills, Hong Kong Singapore and Malaysia, Ian Ramsay, initial coin offerings in Australia and New Zealand, Issuer-Pays business model, Jean du Plessis, Mark Watts, Matthew Broderick, Meena Hanna, New Zealand, Professor SH Goo, Rosemary Langford, Say Goo, suing insider traders for damages, Sulette Lombard, Tim Bednall, Vale, Vivienne Brand | Leave a response

Property Law Review update: Vol 6 Pt 3

By Journal Alerts on July 19, 2017

The latest Part of the Property Law Review includes the following content: “Completing the painting: Legislative innovation and the ‘Australianness’ of Australian real property law” – Paul Babie; “Blockchains, trust and land administration: The return of historical provenance” – Lynden Griggs, Rod Thomas, Rouhshi Low and James Scheibner; “Verification of identity: As simple as it seems?” – Brett Harding; “Compulsory acquisition without compensation and the Nigerian Land Use Act” – Akintunde Otubu; New Zealand: “Unit titles and bodies corporate: Simple questions and difficult answers” – Thomas Gibbons; Queensland: “Enforcing obligations in development conditions against successors in title: Heaven’s door remains closed” – Sharon Christensen; South Australia: “A never-ending story: Torrens title in South Australia and the 2015-2016 Amendments to the Real Property Act 1886 (SA)” – Paul Babie; and Book Review.

Posted in Journals, Property Law Review (Prop L Rev), Update Summaries | Tagged Akintunde Otubu, Axel Timpe, blockchains, bodies corporate, book review, Brett Harding, Cathy Sherry, compulsory acquisition without compensation, electronic conveyancing, electronic transactions, Frank Lohrberg, fraudulent dealings in land, James Scheibner, land administration, Land Use Act 2004 (Nigeria), legislative innovation in Australian real property law, Lilli Lika, Lionella Scazzosi, Lynden Griggs, New Zealand, Paul Babie, positive covenants, priority notices, Prop L Rev, Real Property (Electronic Conveyancing) Amendment Act 2016 (SA), Real Property (Priority Notices and Other Measures) Amendment Act 2015 (SA), Rod Thomas, Rouhshi Low, Sharon Christensen, South Australia Torrens titles, successors in title, Thomas Gibbons, Tighe v Pike [2016] QCA 353, unit titles, Unit Titles Act 2010 (NZ), Urban Agriculture Europe, verification of identity | Leave a response

Journal of Law and Medicine update: Vol 24 Pt 4

By Journal Alerts on July 19, 2017

The latest Part of the Journal of Law and Medicine includes the following sections: Editorial: “Doctors Suing Patients: Wrestling with Doing No Harm” – Ian Freckelton QC; Legal Issues: “Supporting People with Decision-Making Impairments: Choice, Control and Consumer Transactions” – Yvette Maker, Bernadette McSherry, Lisa Brophy, Jeannie Marie Paterson and Anna Arstein-Kerslake; Medical Issues: “Novel Psychoactive Substances: The Challenges for Health Care, Analytical Science and the Law” – Victoria Bicknell, Dimitri Gerostamoulos and David Ranson; Bioethical Issues: “Taking the Moral Measure of Mental Capacity: Interpretation and Implementation” – Grant Gillett; and Medical Law Reporter: “Public Health Legislation Prohibiting Sports-Embedded Gambling Advertisting” – Madeleine Farrar and Thomas Faunce.
Also in this Part are the following articles: “Complementary Health Practitioners Disciplined for Misconduct in Australia 2010-2016” – Jenni Millbank, Miranda Kaye, Anita Stuhmcke, David Sibbritt, Isabel Karpin and Jon Wardle; “Professional Discipline of the New Zealand Nursing Residential Care Workforce: A Mixed Methods Analysis of HPDT Decisions 2004-2014” – Kate Kersey, Kate Diesfeld, Lois J Surgenor and Michael Ip; “The Legal System and the Legitimacy of Clinical Guidelines” – Fiona McDonald; “Wastewater Analysis of Substance Use: Implications for Law, Policy and Research” – Jeremy Prichard, Foon Yin Lai, Emma van Dyken, Phong Thai, Raimondo Bruno, Wayne Hall, Paul Kirkbride, Coral Gartner, Jake O’Brien and Jochen F Mueller; “Abortion Law in New South Wales: Shifting from Criminalisation to the Recognition of the Reproductive Rights of Women and Girls” – Christine Forster and Vedna Jivan; “Proprietary Rights in Stored Semen: ‘Roblin v Public Trustee’ and the Commonsense Approach to Stored Human Tissue of Significance” – Madeline Baker; “‘Treatment’ of Intersex Children as a Special Medical Procedure” – Skye O’Dwyer; “Life on the Liminal Bridge Spanning Fertility and Infertility: A Time to Dream and a Time to Decide” – Pamela M White; “Coercive Community Treatment in Mental Health: An Idea Whose Time Has Passed?” – Sascha Callaghan and Giles Newton-Howes; “Blood Libel: An Analysis of Blood Donation Policy As It Affects Gay Men in Australia” – Edward Davis; “Stigma, Homosexuality and the Homosexual Advance Defence” – Anthony Gray and Kerstin Braun; and “The Role of Legal Proxies in End-of-Life Decisions in Italy: A Comparison with Other Western European Countries” – Denard Veshi and Gerald Neitzke. There are also reviews of the books “Patients with Passports: Medical Tourism, Law and Ethics” by I Glenn Cohen – reviewed by Ian Freckelton QC; and “Stem Cell Tourism and the Political Economy of Hope” by Alan Petersen, Megan Munsie, Claire Tanner, Casimir MacGregor and Jane Brophy – reviewed by Ian Freckelton QC.

Posted in Journal of Law and Medicine (JLM), Journals, Update Summaries | Tagged "special medical procedures", abortion law, advance directives, aged residential care, Alan Petersen, amministratore di sostegno, Anita Stuhmcke, Anna Arstein-Kerslake, Anthony Gray, Bernadette McSherry, Bioethical issues, blood donation policy for gay men, Book reviews, Casimir MacGregor, Christine Forster, Claire Tanner, clinical guidelines, community treatment orders, complementary medicine practitioners, Coral Gartner, David Ranson, David Sibbritt, Denard Veshi, designer drugs, Dimitri Gerostamoulos, disabilities, disciplinary proceedings, do no harm, Editorial, Edward Davis, elder neglect and abuse, embryo cryopreservation, Emma van Dyken, end-of life decisions, Fiona McDonald, Foon Yin Lai, Gerald Neitzke, Giles Newton-Howes, Grant Gillett, Health Practitioners Disciplinary Tribunal (NZ), homosexual advance defence, I Glenn Cohen, Ian Freckelton QC, in vitro fertilisation, intersex children, Isabel Karpin, Italian Civil Code, Italy, Jake O’Brien, Jane Brophy, Jeannie Marie Paterson, Jenni Millbank, Jeremy Prichard, JLM, Jochen F Mueller, Jon Wardle, Kate Diesfeld, Kate Kersey, Kerstin Braun, legal guardian, Legal issues, legal proxies, legal proxy, Lindsay v The Queen (2015) 255 CLR 272, Lisa Brophy, Lois J Surgenor, Madeleine Farrar, Madeline Baker, medical issues, Medical law reporter, Megan Munsie, mental capacity, Michael Ip, Miranda Kaye, New Zealand, novel psychoactive substances, Pamela M White, Patients with Passports: Medical Tourism Law and Ethics, Paul Kirkbride, people with decision-making impairments, Phong Thai, proprietary rights in stored semen, public health legislation, Raimondo Bruno, reproductive rights of women, Roblin v Public Trustee (2015) 10 ACTLR 300, Sascha Callaghan, Skye O’Dwyer, sports-embedded gambling advertising, Stem Cell Tourism and the Political Economy of Hope, stigmatisation of homosexuality, stored human tissue of significance, substance use, Thomas Faunce, Vedna Jivan, Victoria Bicknell, wastewater analysis, Wayne Hall, Yvette Maker | Leave a response

Legal - Australia Thomson Reuters

New Zealand

Australian Law Journal update: Vol 94 Pt 9

Special issue on COVID-19 published in the Journal of Law and Medicine

Australian Law Journal update: Vol 93 Pt 12

Journal of Banking and Finance Law and Practice update: Vol 30 Pt 3

Property Law Review update: Vol 7 Pt 3

Journal of Banking and Finance Law and Practice Update: Vol 29 Pt 2

Property Law Review update: Vol 6 Pt 3

Journal of Law and Medicine update: Vol 24 Pt 4

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