“Our critics on both sides of politics claim the use of the phrase ‘class war’ is anachronistic, but in the face of growing inequality and the push for corporate dominance, the reality is a class war is being waged on ordinary people. One that it is our responsibility to respond to.” With this clarion call, ...more
Posted in Journals, News & Insight, Uncategorized, Workplace Review (WR) | Tagged "thuggery", “lawlessness, ABCC, Aboriginal, Aboriginal rights, Australian Building and Construction Commission, Barangaroo, BLF, Builders Labourers Federation, Building and Construction Industry (Improving Productivity) Act 2016 (Cth), CFMEU, CFMEU’s Construction and General Division, class war, climate change, construction industry, corporate dominance, dangerous, Darren Greenfield, decent health care and education, delegates, fines, gay rights, green bans, homelessness, intimidation, Jack Mundey, militancy, need for greater public housing, officials, penalties, progressive, safety, social justice, spectre, Stephen McBurney, Trade Union Royal Commission, unsafe work, women’s, Work Health and Safety legislation, workers |
The latest Part of The Queensland Lawyer includes the following content: “Public Roads in Queensland: Where Statute and the Common Law Intersect – Part 1” – Chris Boge; and the following Sections: Commercial Law: “The Liability of an Insurer to Indemnify a Builder for Defective Workmanship: Bigby v Kondra [2017] QSC 37” – Dr Clive Turner; Conveyancing and Property Law: “A Trip to the Beach: A Matter of Right or Trespass?” – Chris Boge; Criminal Law: “Murder by Negligence – a Hard Case Makes Bad Law?” – Andrew M West; Industrial Law: “Towards a Harmonised Approach to Penalties: Williamson v VH & MG Imports Pty Ltd (2017) 264 IR 103; [2017] QDC 56” – Dr Kristy Richardson; and Book Reviews. There is also a Report on the the following case: Gabeen Services Pty Ltd v Neverfail Bottled Water Co Pty Ltd [2015] QDC 212.
Posted in Journals, Queensland Lawyer, The (Qld Lawyer), Update Summaries | Tagged Andrew M West, Bigby v Kondra [2017] QSC 37, Book reviews, Brendan Grigg, builder indemnity insurance, Children and the Law in Australia, Chris Boge, Commercial Law, Conveyancing and Property Law, criminal law, defective workmanship, Dr Bill Dixon, Dr Clive Turner, Dr Kristy Richardson, Editorial, Effective Legal Writing: A Practical Guide, Emily MacDonald, Ethics Professional Responsibility and Legal Practice, Federal Circuit Court Judge Michael Jarrett, foreshore access rights, Gabeen Services Pty Ltd v Neverfail Bottled Water Co Pty Ltd [2015] QDC 212, Geoffrey Manahan, Indigenous Knowledge Forum Comparative Systems for Recognising and Protecting Indigenous Knowledge and Culture, Industrial Law, Judge Michael Shanahan DCJ, Kate Gover, Lisa Young, Marissa Carroll, Mary Anne Kenny, murder by negligence, Natalie P Stoianoff, Nichola Corbett-Jarvis, penalties, Peter MacFarlane, public roads, Qld Lawyer, Reports, Sally Blake, Williamson v VH & MG Imports Pty Ltd (2017) 264 IR 103; [2017] QDC 56, Ysaiah Ross |
The latest Part of the Australian Business Law Review includes an Editorial by Professor Bob Baxt AO. It also contains the following articles: “The Law of Penalties and the Question of Breach” – Anthony Gray; and “Overseas Buybacks on the ASX: Disclosure Requirements and Signalling Impact” – Mark Holub and Jason Mitchell. Also in this Part are the following sections: Competition Law and Market Regulation: “The High Court Decision in ACCC v Flight Centre – Crash Landings Ahead?” – Brent Fisse; and New Zealand Newsletter: “Are Gains to Foreign Owners “Public Benefits” in Authorisation Proceedings under the Commerce Act 1986?” – Rex Ahdar.
Posted in Australian Business Law Review (ABLR), Journals, Update Summaries | Tagged ABLR, Adjunct Professor Brent Fisse, Andrews v Australia and New Zealand Banking Group Ltd (2012) 247 CLR 205; 86 ALJR 1002; 6 BFRA 211; [2012] HCA 30, Anthony Gray, Australian Competition and Consumer Commission v Flight Centre Travel Group Ltd [2016] HCA 49, authorisation proceedings, breach of contract, Brent Fisse, Cavendish Square Holding BV v Makdessi [2016] AC 1172; [2015] UKSC 67, certainty of contract, Commerce Act 1986 (NZ), Competition and Consumer Law section, Competition law and market regulation, Development of the Framework for Comprehensive Income Products for Retirement, disclosure requirements, Editorial, Emeritus Professor Stephen Corones, Fair Work (Registered Organisations) Amendment Act 2016, foreign owners, Future of Financial Advice legislation (FOFA) litigation, Interim Report "Review of the Financial System External Dispute Resolution and Complaints Framework", Jason Mitchell, law of penalties, Mark Holub, moral obloquy, Murray Report, New Zealand Newsletter, overseas buybacks on the ASX, Paciocco v Australia and New Zealand Banking Group Ltd (2016) 90 ALJR 835; [2016] HCA 28, penalties, price reaction, Professor Robert Baxt AO, public benefits, Review of Tax and Corporate Whistleblower Protections in Australia, Rex Ahdar, s 46 of the Competition and Consumer Act 2010 (Cth) (CCA), s 50 of the Competition and Consumer Act 2010 (Cth) (CCA), signalling impact, unconscionability, unfair contracts, whistleblowing |
The latest Part of the Australian Law Journal contains “Current Issues” by General Editor, the Hon Justice François Kunc. It features the following articles: “Anti-Semitism, Hate Speech and Pt IIA of the Racial Discrimination Act” – Ronald Sackville AO QC; “Liquidator Remuneration, Creditor Dividends and the Public Interest: Recent NSW Supreme Court Decisions and the Continuing Need for Reform” – A Keith Thompson; “Should Lower Court Judges Bind Magistrates and Tribunals?” – Oliver Jones. This Part also includes the following sections: Conveyancing and Property; Corporations and Securities; Recent Cases, Book Reviews and Obituary.
Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged “running account” defence, A Keith Thompson, Alistair Harkness, ALJ, Angelina A Gomez, anti-Semitism, binding decisions, Book reviews, Bridget Harris, comity, company culture, concurrent leases, contract enforcement, contract for sale of land, Conveyancing and property, Corporations and Securities, creditor dividends, Crown Melbourne Ltd v Cosmopolitan Hotel (Vic) Pty Ltd (2016) 90 ALJR 770, Current issues, David Baker, deposits, Donald R Rothwell, estate agents, Hall v Poolman (2007) 215 FLR 243, hate speech laws, Holocaust, judicial accountability, Justice François Kunc, law firm funding models, liquidator remuneration, Locating Crime in Context and Place: Perspectives on Regional Rural and Remote Australia, Lord Chancellor, lower court judges, magistrates and tribunals, Obituary, Oliver Jones, peak indebtedness, penalties, Peter Butt, Pt IIA of the Racial Discrimination Act 1975 (Cth), public interest, purchaser’s interest, Recent cases, Robert Baxt AO, Ronald Sackville AO QC, Royal Commission into Child Protection and Youth Detention Systems in the Northern Territory, Ruth C A Higgins, s 18C of the Racial Discrimination Act 1975 (Cth), Skye Saunders, the Hon James Frederick Staples, The International Law of the Sea, Tim Stephens, Valentine v Eid (1992) 27 NSWLR 615, Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 387, Whispers from the Bush |
The latest Part of the Company and Securities Law Journal includes the following articles: “Deterring corporate wrongdoing: Penalties, financial services misconduct and the Corporations Act 2001 (Cth)” – Helen Bird and George Gilligan; “The adequacy of ASIC’s “tool kit” to meet its obligations under corporations and financial services legislation” – Vicky Comino; “The Australian Sports Commission’s “Governance Reform in Sport” discussion paper and voting rules in corporate constitutions” – Robert D Macdonald and Ian Ramsay. This issue also includes the following sections: Directors’ Duties – Rosemary Teele Langford: “Should the statutory business judgment rule apply to directors’ compliance decisions?” – Tim Connor.
Posted in Company and Securities Law Journal (C&SLJ), Journals, Update Summaries | Tagged Australian Securities and Investments Commission, Australian Sports Commission, business judgment rule, C&SLJ, corporate constitutions, corporate governance, corporate wrongdoing, Corporations Act 2001 (Cth), deferred prosecution agreements, directors' duties, disgorgement, enforcement, financial services, financial services misconduct, George Gilligan, governance reform in sport, Helen Bird, Ian Ramsay, penalties, regulation, Robert D Macdonald, Rosemary Teele Langford, Tim Connor, Vicky Comino, voting rules |
The latest Part of the Australian Business Law Review includes the following articles: “The evolution of the ‘substantial lessening of competition’ test – a review of case law” – Peter Armitage; “Do workplace policies form part of employment contracts? A working guide and advice for employers” – Mark Giancaspro; “Unravelling the muddles of summary dismissal under contracts of employment” – Victoria Lambropoulos; and “Research collaborations and ‘authorship’: Differentiating legal from management norms” – Elizabeth Adeney. Also in this Part is the following section: Banking and Finance: “Bankruptcy, social security and long term poverty: results from a survey of financial counsellors and consumer solicitors” – Paul Ali, Lucinda O’Brien and Ian Ramsay.
Posted in Australian Business Law Review (ABLR), Journals, Update Summaries | Tagged Assoc Prof Paul Ali, authorship in scientific research, Banking and finance, bankruptcy rates, C&SLJ, company culture, continuous disclosure provisions, contract of employment, creditor hardship programs, Dr Victoria Lambropoulos, Editorial, Elizabeth Adeney, financial counsellors, financial hardship, Harper Review, Ian Ramsay, Infringement Notice (IN) regime, institutional authorship guidelines, intellectual property ownership, International Committee of Medical Journal Editors (ICMJE), legal liability for employers and employees, Lucinda O'Brien, Mark Giancaspro, Melbourne Stadiums Ltd v Sautner (2015) 229 FCR 221, middle class bankruptcy, misuse of market power, penalties, personal insolvency system, Peter Armitage, Professor Robert Baxt AO, research collaboration, scientific literature, social security, substantial lessening of competition test, summary dismissal of employees, workplace policy and employment contract |
The first Part of Vol 25 of JBFLP includes the following articles: “No-action clause in bond trust” – Benjamin Liu; “Over-the-counter derivatives regulation in China: How far across the river?” – Mark Hsiao; and “Road map for financial inclusion in India” – Aditi Patanjali. Also in this Part are the following sections: Banking Law and Banking Practice; Insolvency Law and Management; Recent Publications; Tokyo; New Zealand.
Posted in Journal of Banking and Finance Law and Practice (JBFLP), Update Summaries | Tagged Aditi Patanjali, Banking Law and Banking Practice, Benjamin Liu, China, Code of Banking Practice 2013, derivatives regulation, disclaimed leases, fees, financial inclusion, financial products, India, Insolvency law and management, JBFLP, Mark Hsiao, New Zealand, no-action clause, penalties, Recent Publications, Steigrad v Bridgecorp, Tokyo, trust |
The last Part for 2013 of the Australian Business Law Review includes four interesting articles. The first article is by Richard Manly SC and discusses the High Court’s reconsideration of the penalty doctrine. The second article comes from Rosemary Teele Langford who looks at the distinction between the duty of care and the duties to act bona fide in the interests of the company and for proper purposes. The third article, by The Hon J D Heydon, sets out the background to litigation in the Federal Court of Australia in which penalties are sought for contravention of the Competition and Consumer Act 2010 (Cth). The final article is by Rasiah Gengatharen and examines the acquisition of pre-encumbered personal property in the ordinary course of the seller’s business.
Posted in Australian Business Law Review (ABLR), Update Summaries | Tagged ABLR, bona fide, breach of contract, Competition and Consumer Act 2010 (Cth), duty of care, High Court, penalties, penalty doctrine, Personal Property Securities Act 2009 (Cth), pre-encumbered personal property, Rasiah Gengatharen, Richard Manly SC, Rosemary Teele Langford, The Hon J D Heydon |
The latest Part of the Building and Construction Law Journal includes an article by David Levin QC about proportionate liability in commercial arbitrations in Australia, an article by Patrick Easton about the Andrews litigation and its relation to penalties from breach of contract, and an article by Jeremy Coggins about breaches of natural justice in alternative dispute resolution of construction disputes. Also in this Part are Reports on the following cases: TX Australia Pty Ltd v Broadcast Australia Pty Ltd and Redline Contracting Pty Ltd v MCC Mining (Western Australia) Pty Ltd (No 2). Not to be missed!
Posted in Building and Construction Law Journal (BCL), Update Summaries | Tagged ADR, Andrews v Australia and New Zealand Banking Group Ltd, arbitration, BCL, construction disputes, David Levin QC, Jeremy Coggins, natural justice, Patrick Easton, penalties, proportionate liability, Redline Contracting Pty Ltd v MCC Mining (Western Australia) Pty Ltd (No 2), Reports, TX Australia Pty Ltd v Broadcast Australia Pty Ltd |
The July 2011 issue of the Australian Law Journal includes interesting articles and sections on a range of topics. The Part includes articles on a comparative perspective on contractual interpretation and equitable jurisdiction to relieve against penalties. There are also several interesting sections, including Current Issues, Family Law and Book Reviews.
Posted in Australian Law Journal, The (ALJ), Update Summaries | Tagged ALJ, Book reviews, contractual interpretation, Conveyancing and property, Current issues, distinctions between common and civil law, equitable jurisdiction, family law, Hon J J Spigelman AC, penalties, Recent cases, William Newland |
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