Australian Law Journal update: Vol 94 Pt 1
The latest Part of the Australian Law Journal contains the following articles: “An Australian International Commercial Court – Not A Bad Idea Or What A Bad Idea?” – The Hon Justice A S Bell; “Australia’s “Abhorrent Violent Material” Law: Shouting “Nerd Harder” And Drowning Out Speech” – Evelyn Douek; and “Rituals Of Engagement: What Happens To The Ring When An Engagement Is Called Off?” – James Duffy, Elizabeth Dickson and John O’Brien. This Part also includes the following sections: Current Issues; Family Law, International Focus, Around the Nation: Victoria; Book Review; and Obituary.
Journal of Law and Medicine update: Vol 27 Pt 2
This issue of the Journal of Law and Medicine includes the following articles: “Concussion, Chronic Traumatic Encephalopathy and Sport in a Legal Setting” – David Thorpe; “Truth-telling or Not: A Dilemma for Health Care Providers Regarding Disclosure of Cancer in China” – Ting Yao, Ted Metzler and Betty Gorrell; “Abortion Decriminalisation in New South Wales: An Analysis of the Abortion Law Reform Act 2019 (NSW)” – Anna Walsh and Tiana Legge; “Terms of Engagement: Transfer of Biological Materials for Research in Australia” – Tess Whitton, Jane Nielsen and Dianne Nicol; “The Donor-Linking Practices of Australian Fertility Clinics” – Fiona Kelly, Deborah Dempsey and Charlotte Frew; “Parentage, Surrogacy and the Perplexing State of Australian Law: A Missed Opportunity” – Ronli Sifris and Adiva Sifris; “Sugar-Sweetened Beverages, Type 2 Diabetes and Factual Causation in Negligence” – Zac Smithers and Jay Sanderson; “Community Knowledge of Law on End-of-life Decision-making: An Australian Telephone Survey” – Cheryl Tilse, Jill Wilson, Ben White, Lindy Willmott, Deborah Lawson, Jeffrey Dunn, Joanne F. Aitken, Angela Pearce and Michele Ferguson; “Australian Policies on “Futile” or “Non-beneficial” Treatment at the End of Life: A Qualitative Content Analysis” – Eliana Close, Malcolm Parker, Lindy Willmott, Ben White and Andrew Crowden; “Justice Is Blind but Expert Witnesses in Medical Imaging Are All Seeing: The Potential For “Blind Reads” to Mitigate Bias in Expert Evidence” – Nicole Woodrow; “Medical Experts and Evaluations of the Standard of Care in Medical Litigation – Strengths, Weaknesses and Potential Improvements – Anne-Maree Kelly; and “The National Redress Scheme for Institutional Child Sexual Abuse – The Western Australian Response” – Robert Guthrie and Amy Dickerson.
Also in this Part are the following sections: Editorial: “Tourette’s disorder and the Criminal Law” – Ian Freckelton QC; Legal Issues: “Medical Panels in Victoria, Australia and Alberta, Canada: Answering Medical Questions – Determining Matters of Fact and Law?” – Carol Newlands; Medical Issues: “Neglect in Aged Care – A Role for the Justice System?” – Joseph Ibrahim and David Ranson; Public Health Law Issues: “Warning Labels about Alcohol Consumption and Pregnancy: Moving from Industry Self-regulation to Law” – Paula O’Brien; Genomic Law Issues: “Gene Editing Clinical Trials Could Slip through Australian Regulatory Cracks” – Lisa Eckstein and Dianne Nicol; Health Law Reporter: “Methamphetamine-induced Psychosis and Mental Impairment: A Challenge from New Zealand” – Ian Freckelton QC; Obituary: Louis Waller (1935–2019); and Book Review: “Impostress: The Dishonest Adventures of Sara Wilson”.
Workplace Review update: Summer 2019
The Summer 2019 Part of the Workplace Review includes the following content: “The Doctrine of Implied Intergovernmental Immunities: A Recrudescence?” – Thomas Dixon; “Is There Such a Thing as “Free Speech” for Australian Employees?” – Neil Napper; “Welcome to the Age of Keyboard Warriors” – Lachlan Robison; as well as the following sections: Interview: “Paul Munro: For ‘The Greatest Good…'” – Craig Ryan; Case Note: “‘Free Speech… But Be Careful What You Say!'” – Joshua Graffi; Obituary:
“Robert James Lee Hawke” – Robert McClelland; Book Reviews; The Last Word; and Diary.
Journal of Law and Medicine update: Vol 27 Pt 1
This issue of the Journal of Law and Medicine includes the following articles: “Medicare Billing, Law and Practice: Complex, Incomprehensible and Beginning to Unravel” – Margaret Faux, Jonathan Wardle and Jon Adams; “Untangling the Threads: Stakeholder Perspectives of the Legal and Ethical Issues Involved in Preparing Australian Consumers for Commercial Surrogacy Overseas” – Lana Zannettino, Lauren Lines, Julian Grant and Sheryl L de Lacey; “Disclosure of Genetic Results to At-risk Relatives without Consent: Issues for Health Care Professionals in Australia” – Rebekah McWhirter, Carolyn Johnston and Jo Burke; “Obesity and Taxation – Is Australia Ready?” – Lidia Xynas; “In the Footsteps of Teiresias: Treatment for Gender Dysphoria in Children and the Role of the Courts” – Mike O’Connor and Bill Madden; “A Doctor’s Discretion Not To Offer Life-sustaining Treatment” – James Cameron; “Why Do I Have To Keep Waking Up? Terminal Sedation and the Law in Australia” – Kieran Tapsell; and “An Objective Approach to Decisions to Withdraw or Withhold Life-sustaining Medical Treatment” – Julian Savulescu and James Cameron.
Also in this Part are the following sections: Editorial: “The Complementary Medicine Insurance Wars: The Unresolved but Politicised Australian Theatre of Combat” – Ian Freckelton QC; Legal Issues: “Doctors, Defamation and Damages: Medical Practitioners Fighting Back” – Ian Freckelton QC and Tina Popa; Medical Issues: “Post-sentence Detention and Supervision: The Role of Multi-agency Panels” – Bernadette McSherry, Rajan Darjee and Danny Sullivan; Bioethical Issues: “Responsible Use of Machine Learning Classifiers in Clinical Practice” – Abhishek Mishra; Complementary Health Issues: “Guidance on Prescription of Homeopathic Treatments: Ramifications of a Failed Administrative Law Challenge” – Ian Freckelton QC; Medical Law Reporter: “Concussion, Defamation and the Ringside Doctor” – Ian Freckelton QC; Obituary: Thomas (Tom) Douglas Campbell (1938–2019); and Book Review: “Unnatural Causes” by Richard Shepherd – Reviewed by Ian Freckelton QC.
Journal of Law and Medicine update: Vol 26 Pt 4
This issue of the Journal of Law and Medicine includes the following articles: “Social Responsibilities of the Global Pharmaceutical Companies: Towards an Ethical Health Care Paradigm” – Abhay Vir Singh Kanwar and Mia Mahmudur Rahim; “Legislative Capture: A Critical Consideration in the Commercial Determinants of Public Health” – Tony Brown; “Rational Social Impact Assessment of Alcohol Outlets: Slip Sliding Away” – Alison Ziller and Tony Brown; “Mandatory Welfare Drug Treatment in Australia” – Allan Ardill;”A Cross-sectional Survey of Health Professionals’ Attitudes toward Medicinal Cannabis Use as Part of Cancer Management” – Denesh Hewa-Gamage, Sarah Blaschke, Allison Drosdowsky, Trista Koproski, Anna Braun and Steve Ellen; “Outcome Bias in Clinical Negligence Medico-legal Cases” – Thom Petty, Lucy Stephenson, Pierre Campbell and Terence Stephenson; “Occupational Therapy Domestic Needs Assessment: Lawyer Perspectives” – Susan Arnold, Lynette Mackenzie, Michael Millington and Carole James; “Retained Surgical Items: Lessons from Australian Case Law of Items Unintentionally Left Behind in Patients after Surgery” – Tina Cockburn, Juliet Davis, and Sonya Osborne; “Understanding Client Vulnerability in the Disciplining of Legal Professionals in New South Wales” – Jennifer Schulz-Moore, Kate Diesfeld and Christine Forster; “Dealing with Patent Fragmentation in Genetics: Can Patent Pools Facilitate the Development of CRISPR Gene-Editing Technology?” – Alessandro Stasi and Isabel Pereira Rodrigues; “Considering the Provision of Growth Attenuation Treatment to Profoundly Disabled Children in Light of the Family Court’s Welfare Jurisdiction” – Elpitha (Peta) Lee Spyrou; “Advance Care Planning: A Communitarian Approach?” – Tracey Evans Chan; “Teachers’ Health, Wellbeing and Professional Misconduct. An Exploratory Analysis of Cases from New Zealand’s Teachers Disciplinary Tribunal 2017–2018” – Marta Rychert and Kate Diesfeld; and “Decisional Competence and Fitness to Stand Trial in New Zealand” – Brent Hyslop.
Also in this Part are the following sections: Editorial: “Encouraging and Rewarding the Whistleblower in Research Misconduct Cases” – Ian Freckelton QC; Legal Issues: “Electroconvulsive Therapy without Consent: The Influence of Human Rights Law” – Bernadette McSherry; Medical Issues: “The Role of Patient-reported Outcome Measures in Post-operative Death Investigations” – Anant Divyang Butala, Joseph Elias Ibrahim, Lyndal Bugeja and David Ranson; Medical Law Reporter: “Australian Medical Professionals, National Security and Administrative Offshore Punishment of Asylum-Seekers: Regulatory Update Including the Medevac Legislation” – Sarah Miller and Thomas Faunce; and Obituary: Thomas Alured Faunce. There is also a review of the following book: “Defeating the Ministers of Death; The Compelling History of Vaccination” by David Isaacs – Reviewed by Ian Freckelton QC.
Australian Law Journal update: Vol 93 Pt 7
The latest Part of the Australian Law Journal contains the following articles: “Enforcement of Foreign Judgments: Does an Issue Estoppel Arise from a Foreign Court’s Determination of its Own Jurisdiction?” – Dan Butler; “‘Seeking Equal Dignity without Discrimination’ – The Australian Human Rights Commission and the Handling of Complaints” – Emeritus Professor Rosalind Croucher AM; “Alternative Facts in the Courts” – The Hon Justice Stephen Gageler AC; and “Exploring New and Old Ideas about Estoppel and Election” – The Hon K R Handley QC. This Part also includes the following sections: Current Issues; Around the Nation: Victoria; Family Law; International Focus; Admiralty and Maritime; Competition and Consumer Law; Personalia; Recent Cases; and Obituary.
Workplace Review update: Autumn 2019
The Autumn 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.
Obituary: Dr Wikrema Weerasooria LLB (Hons) (Ceylon) (1965) PhD (Lond) (1972)
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).
Workplace Review update: Spring 2018
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.
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