The Summer 2019 Part of the Workplace Review includes the following content: “Emergency C-Section Required: Improving the Delivery of Male Parental Leave Entitlements” – Sandra Hu; “The Death of Reasonable Notice?” – Rick Manuel; “Industrial Action in the Wake of Auimatagi v Australian Building and Construction Commissioner [2018] FCAFC 191” – Lucas Moctezuma; “The Case of Foodora: The Adequacy of Australia’s Industrial Safety Net in a Gig Economy” – Cassidy O’Sullivan; “Nearly a Century of Workers Compensation in New South Wales” – Judge Gerard Phillips; “The New Judicial Review – Legal Unreasonableness” – Mark Robinson SC and Dr Simon Blount; as well as the following sections: Interview: “‘We’ll Keep Challenging the System’: United Voice National Secretary, Jo-anne Schofield” – Craig Ryan; Obituary: “Vale George Polites: A Man for All Seasons” – Paul Munro;; The Last Word; and Diary.
Posted in Journals, Update Summaries, Workplace Review (WR) | Tagged "Dad and Partner Pay" (DAPP) entitlements, Auimatagi v Australian Building and Construction Commissioner, Australian Building and Construction Commissioner (ABCC), Cassidy O'Sullivan, Craig Ryan, Diary, doctrine of proportionality, Dr Simon Blount, Editorial, Fair Work Act 2009 (Cth), Fair Work Act 2009 (Cth) s 117, George Polites, gig economy, Heldberg v Rand Transport (1986) Pty Ltd, industrial action, Interview, Jeffrey Phillips SC, Jo-anne Schofield, Judge Gerard Phillips, Klooger v Foodora Australia Pty Ltd, Kuczmarski v Ascot Administration Pty Ltd, Lucas Moctezuma, Mark Robinson SC, national paid parental leave scheme, Obituary, Paid Parental Leave Act 2010 (Cth) (PPLA), Paul Munro, reasonable notice in employment contract, Rick Manuel, Sandra Hu, The Last Word, unprotected industrial action, Workers Compensation Independent Review Office (WIRO), WR |
Readers of the Journal of Banking and Finance Law and Practice (JBFLP) will be saddened to learn that Dr Wikrema ‘Wicky’ Weerasooria passed away in Colombo on 4 December 2018.
Wicky was known to readers of the journal as the author of over twenty Australian and Sri Lankan textbooks, including Banker-Customer: Resolving Banking Disputes (1994) with Nerida Wallace, Banking Law and the Financial System in Australia which is now called Weerasooria’s Banking Law of Australia, the Financial System in Australia now written by Alan Tyree and Prue Weaver ( 2006) and Bank Lending and Securities in Australia (1998).
The latest Part of the Criminal Law Journal includes the following articles: “The Judge as Cartographer and Guide: The Role of Fact-based Directions in Improving Juror Comprehension” – Jonathan Clough, Ben Spivak, James R P Ogloff, Yvette Tinsley and Warren Young; “Why ‘Ad Hoc Experts’ Should Not Provide Transcripts of Indistinct Forensic Audio, and a Proposal for a Better Approach” – Peter French and Helen Fraser; “Digital Access to Justice from Prison: Is There a Right to Technology?” – Dr Carolyn McKay; and “Corporate Crime and Regulatory Discretion: Rethinking the Use of Criminal, Civil and Administrative Penalties” – Brendon O’Neill. Also in this Part is an Editorial on the causes of the “revolving door” phenomenon in Australia’s custodial institutions; Obituary: The Hon Sir Laurence Street AC KCMG QC; and a Digest of Criminal Law Cases.
Posted in Criminal Law Journal (Crim LJ), Journals, Update Summaries | Tagged "fact-based" approach to jury instructions, ad hoc experts in criminal trials, Ben Spivak, Brendon O'Neill, causes of the "revolving door" phenomenon in custodial services, corporate crime and regulatory discretion, Crim LJ, Digest of criminal law cases, digital access from prison, Dr Carolyn McKay, Editorial, Helen Fraser, indistinct forensic audio recordings, James R P Ogloff, Jonathan Clough, Obituary, Peter French, The Hon Michael Kirby AC CMG, The Hon Sir Laurence Street AC KCMG QC, Warren Young, Yvette Tinsley |
The Spring 2018 issue of Workplace Review contains the following articles: “Sir Owen Dixon – Federalism and His Contribution to the Development of Commonwealth Power” – Anton Duc; “An Implied Term of Good Faith?” – Glenn Fredericks; “Workers’ Rights in the Gig Economy” – Justin Pen; and “‘The King’s Shilling’ – Mark 2: The History of Wage Setting in Australia and Its Relevance for the Determination of Military Remuneration – Jeffrey Phillips SC.. Also featured is an interview with Stuart Wood QC, and the following sections: Editorial; Focus on South Australia; Obituary; Book Review; as well as Diary, and The Last Word.
Posted in Journals, Update Summaries, Workplace Review (WR) | Tagged acting in good faith, Anton Duc, benefits under the National Employment Standards, book review, Craig Ryan, Diary, Directorate of Military Remuneration's annual conference, Dixon's contribution to the development of Commonwealth power, Editorial, enforcing safety in workplaces, Fair Work Act 2009 (Cth), George Miller, Glenn Fredericks, history of wage setting in Australia, Interview, Jeffrey Phillips SC, Justin Pen, Malcolm Kerr OAM, Neil Napper, Obituary, PJ Punch, Rick Manual, Sir Owen Dixon, Stuart Wood QC, the Engineers Case, The Last Word, Work Health and Safety Act 2012 (SA), workers in the gig economy, WR |
The latest Part of the Australian Law Journal contains the following articles: “Sentencing Inconsistencies: A Case Study” – Dr Clare Farmer, Ian Parsons and Professor Mirko Bagaric; “Setting Aside Expert Determinations – A Comprehensive Review” – Grant Lubofsky; and “The Legislative Challenge of Facilitating Climate Change Adaptation for Biodiversity” – Phillipa C McCormack. This Part also includes the following sections: Current Issues; Equity and Trusts; Personalia; Recent Cases; Book Review; and Obituary to Sir Laurence Street AC KCMG QC.
Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged "dual citizenship crisis" and Section 44 of the Constitution, ACCC v Yazaki Corp [2018] FCAFC 73, Age Pension under Social Security Act 1991 (Cth), ALJ, Angelina Gomez, appointment of Ms Sandra Taglieri and Ms Linda Anne Mason as Senior Counsel, book review, climate change adaptation for biodiversity, corporate culture, Current issues, Daniel Reynolds, Deputy Chief Justice John Alstergren, dispute resolution by expert determination, Dr Clare Farmer, Dr Nuncio D’Angelo, Emily Vale, equity and trusts, Grant Lubofsky, Hayne Royal Commission and "independent" reports, Ian Parsons, instinctive synthesis, Justice Chrissa Loukas-Karlsson, Justice Graeme Crow, Justice Mark Leeming, Justice Michelle Quigley, Justice Soraya Ryan, Leading Cases in Contract Law, Lyndon Goddard, merger of Family Court and Federal Circuit Court, migration and protection visas, National Redress Scheme for institutional child sexual abuse survivors, NSW review of laws relating to beneficiaries of trusts, NSW sexual consent laws, Obituary, Personalia, Phillipa C McCormack, Professor Mirko Bagaric, Recent cases, review of ASIO's questioning and detention powers, Ruth CA Higgins SC, sentencing inconsistencies, Superannuation Act 1988 (SA), The Hon Laurence Street AC KCMG QC, trustees' rights of indemnity, Victoria's legislation to overcome Ellis v Pell |
The latest Part of the Australian Law Journal contains the following articles: “Extending the Life of a Discretionary Trust” – Michael Flynn QC; “Unseen Networks: The Legal Professions’ Involvement in the Law Reform (Miscellaneous Provisions) Act 1944 (NSW)” – Mark Lunney; and “Can There Ever Be Affordable Family Law?” – Patrick Parkinson and Brian Knox. This Part also includes the following sections: Current Issues; Conveyancing and Property; Around the Nation: Tasmania; Around the Nation: Western Australia; Personalia; Recent Cases; Book Reviews; and Obituary.
Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged ALJ, ALRC Inquiry into Indigenous Incarceration Rates, Angelina Gomez, Arie Freiberg, Around the nation: Tasmania, Around the Nation: Western Australia, Book reviews, Brendan Edgeworth, Brian Knox, Commonwealth, Conveyancing and property, Current issues, Dr Geert Corstens, Emily Vale, extending discretionary trust, Fairfax Digital Australia and New Zealand Pty Ltd v Kazal [2018] NSWCA 77, family law and budget constraints, granny flats, Ian Jackman SC, interface between the Supreme Court and the Family Court, Justice Craig Colvin, Justice François Kunc, Justice Katrina Banks-Smith, Justice Kenneth Martin, Justice Peter McClellan AM, Justice Simon Steward, Justice Stephen Estcourt AM, Law Reform (Miscellaneous Provisions) Act 1944 (NSW), Lisa Butler Beatty, M Scott Donald, Mark Lunney, Michael Flynn QC, MWB Business Exchange Centres Ltd v Rock Advertising Ltd [2018] UKSC 24; [2018] 2 WLR 1603, New South Wales, Obituary, Parenting Management Hearings for self-represented litigants, Patrick Brazil AO KLJ, Patrick Parkinson, Personalia, Rayney v Western Australia (No 9) [2017] WASC 367, Recent cases, reform in elder law, Regulation in Australia, Robert Angyal SC, Rozenblit v Vainer [2018] HCA 23, Ruth CA Higgins SC, ss 111CA–111CY of the Family Law Act 1975 (Cth), statutory law reform of private law, The Evolving Role of Trust in Superannuation, The Varities of Restitution (2nd ed), Understanding the Rule of Law, Victorian Aboriginal Treaty Bill |
The latest Part of the Australian Journal of Competition and Consumer Law includes the following articles: “The Collapse of Dick Smith and the Problem of Gift Cards: Issues and Alternatives for Consumer Protection” – Mohammed Al Bhadily and Kyle Bowyer; and “The New Section 46 Misuse of Market Power Test and the European Intel Experience” – Elizabeth Hersey; and the following sections: Defective Goods; Case Note; Tribunal Tableaux; Obituary; Comments from Commerce; Consumer Concerns; Report from Africa; Report from New Zealand; Benchmarks; and Odds & Ends.
Posted in Australian Journal of Competition and Consumer Law (AJCCL), Journals, Update Summaries | Tagged ACCC v Cement Australia Pty Ltd, AJCCL, Australian Competition Tribunal in 2017, Banking Royal Commission, Benchmarks, Case Note, changes to s 46 of the Competition and Consumer Act 2010 (Cth), Christopher Hodgekiss SC, collapse of Dick Smith, Comments from Commerce, Consumer concerns, Consumer Guarantees and the Doctrine of the Half-Truth, Consumer Protection, Court of Justice of the European Union (CJEU), Debra Wilson, Defective Goods, Editorial, Elizabeth Hersey, gift cards in Australia, Hank Spier, Intel Corp Inc v European Commission (Intel), Kyle Bowyer, Lesley Morphet, misuse of market power test, Mohammed Al Bhadily, Obituary, Odds & Ends, Peter Strong, Rebecca McEwen, Report from Africa, Report from New Zealand, Robert Baxt AO, s 46 of the Competition and Consumer Act 2010 (Cth), Thomas Horatio John Cadd, Tim Luxton, Tribunal Tableaux, US medical devices causing health issues, Xavier O’Halloran |
The latest Part of the Australian Law Journal contains the following articles: “Crime Commissions and Compulsory Examinations: Whither the Right to Silence?” – Hon T F Bathurst AC and Sarah Schwartz; “Ramifications of the Recognition of a Common Fund in Australian Class Actions: An Early Appraisal” – Michael Legg; “The Case Against a National Court of Appeal” – Shawn Rajanayagam. This Part also includes the following sections: Current Issues; Letter to the Editor; Conveyancing and Property; The Legal Observer; Personalia; Around the Nation: Tasmania; Corporations and Securities; From the Law Schools; Admiralty and Maritime; Recent Cases; Book Reviews; and Obituary.
Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged Accommodating Muslims Under Common Law, Admiralty and Maritime, ALJ, ALRC – Elder Abuse – A National Legal Response, Angelina Gomez, appellate hierarchy, Around the nation: Tasmania, Arthur R Emmett AO QC, Australian Securities and Investment Commission, Book reviews, Brendan Edgeworth, Carolyn Rogers, Clare Langford, class actions, common fund, Community Protection Offender Register, compulsory examinations, contempt of court by politicians, Conveyancing and property, Corporations and Securities, Crime Commissions, Current issues, Darren C Kane, Deborah Healey, Doping in Sport and Law, Dr Damien J Cremean, From the law schools, Gabrielle Appleby, Ghena Krayem, Hon T F Bathurst AC, John Riordan, judicial independence, Justice François Kunc, Justice Stephen Estcourt AO, letter to the editor, M J Beazley AO, Michael Legg, Michael Pelly, National Court of Appeal, Obituary, personal views in judicial decisions, Personalia, Peter Birks, power of sale, privilege against self-incrimination, Professor Michael Coper, Recent cases, right to silence, risk of sex offending, Robert Angyal SC, Robert Baxt AO, Role of the Solicitor-General, Ruth C A Higgins, Salim Farrar, Sarah Schwartz, Senior Registrar of the High Court, Shawn Rajanayagam, slot charters, statutory duty of care on mortgagees, surrogate ship arrest, The Hon Justice Stephen Gageler AC, The Legal Observer, The Roman Law of Obligations, Ulrich Haas, W Sofronoff |
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.
Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged 90th anniversary, ALJ, Andrew Lynch, Angelina Gomez, artificial intelligence, Aubrey v The Queen (2017) 91 ALJR 601; [2017] HCA 18, Australia’s Greatest Judicial Crisis: The Tim Carmody Affair, Australian Competition and Consumer Commission, Australian Law Journal 90th Anniversary Celebration in Banco Court NSW, banking, beneficial statutes, Book reviews, Brendan Edgeworth, Carl Olson, competition and consumer law, Conveyancing and property, criminal law, Current issues, data analytic tools, easements, electronic litigation platforms, expert systems, Gabrielle Appleby, Greater Shepparton City Council v Clarke [2017] VSCA 107, Hon William Gummow AC, human trafficking, in personam exception, International focus, Jacob Agam v BNP Paribas SA [2017] SGCA(I) 01, Judge C G Weeramantry AM, Justice François Kunc, legislative power over land, Letters to the Editor, Lyria Bennett Moses, media press coverage of the ALJ, National Action Plan to Combat Human Trafficking and Slavery 2015-2019, negligence, new Conveyancing and Property section editors, Obituary, online learning, online resources, Peter Butt, Professor Megan Davis, R Debus, Rebecca Ananian-Welsh, Recent cases, Robert Angyal SC, Robert Baxt AO, Robert Size, Ruth C A Higgins, Ryszard Piotrowicz, Senator the Hon George Brandis QC, Supreme Court of New South Wales Annual Conference 2016, technological advances, Torrens indefeasibility, trafficking in human beings (THB), Uluru Statement from the Heart, UN Security Council |
The latest Part of the Australian Law Journal includes the following articles: “Values in public law” – Chief Justice James Allsop AO (based on address given at the James Spigelman Oration 2015, Sydney); and “Not worth the paper they’re not written on? Executing documents (including deeds) under electronic documentation platforms: Part A” – Diccon Loxton. Also in this Part are the following sections: Current Issues; Conveyancing and Property; Family Law; Around the Nation: Northern Territory; Crime and Evidence; Personalia; Around the Nation: Western Australia; Recent Cases; Book Review; and Obituary.
Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged 40th anniversary of Federal Court, Airbnb, ALJ, ALJ sections, Around the Nation: Northern Territory, Around the Nation: Western Australia, book review, burqas, Chief Justice James Allsop AO, Chief Justice Susan Kiefel AC, Clare Langford, Conveyancing and property, Crime and Evidence, Current issues, Diccon Loxton, electronic contracts, electronic documentation platforms, electronic signatures, extended common purpose, extended joint criminal enterprise, family law, George Masterman QC, Industrial Relations Reform: Looking to the Future – Essays in Honour of Joe Isaac AO, James Spigelman Oration 2015, Justice François Kunc, Justice James Edelman, Justice Joseph McGrath, Justice Kenneth Martin, Justice Phillip Priest, Keith Hancock, Michael J Walton, Miller v The Queen (2016) 90 ALJR 918; [2016] HCA 30, niqabs, Obituary, Personalia, Peter Butt, public law, Recent cases, Richard Ingleby, Russell D Lansbury, Ruth C A Higgins, The Hon Dean Mildren AM RFD QC |
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Australian Journal of Competition and Consumer Law update: Vol 26 Pt 2
The latest Part of the Australian Journal of Competition and Consumer Law includes the following articles: “The Collapse of Dick Smith and the Problem of Gift Cards: Issues and Alternatives for Consumer Protection” – Mohammed Al Bhadily and Kyle Bowyer; and “The New Section 46 Misuse of Market Power Test and the European Intel Experience” – Elizabeth Hersey; and the following sections: Defective Goods; Case Note; Tribunal Tableaux; Obituary; Comments from Commerce; Consumer Concerns; Report from Africa; Report from New Zealand; Benchmarks; and Odds & Ends.