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Australian Law Journal update: Vol 92 Pt 12

By Journal Alerts on December 20, 2018

The latest Part of the Australian Law Journal contains the following articles: “By the Skin of Our Teeth – The Passing of the Women’s Legal Status Act 1918: Francis Forbes Lecture 20 May 2018” – The Hon Virginia Bell AC; “Judicial Review of the Fairness and Reasonableness, as between Class Members, of Federal Class Action Settlements” – Vince Morabito; and “Corporate Knowledge: The Search for the Relevant Mind(s)” – Daniel Reynolds. This Part also includes the following sections: Current Issues; Conveyancing and Property; Crime and Evidence; Personalia; Recent Cases; and Book Reviews.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged ALJ, Angelina Gomez, Book reviews, Brendan Edgeworth, Conveyancing and property, Crime and Evidence, Current issues, Daniel Reynolds, Emily Vale, fairness and reasonableness of federal class action settlements, Francis Forbes Lecture 30 May 2018, Gino Dal Pont, Heydon: Selected Speeches and Papers, John Sackar, Justice François Kunc, Justice Phillip Priest, Law of Associations, law of corporate knowledge, Personalia, Recent cases, Robert Angyal SC, Ruth C A Higgins SC, The Hon JD Heydon AC QC, The Hon Virginia Bell AC, Thomas Prince, Vince Morabito, Women's Legal Status Act 1918 (NSW) | Leave a response

Australian Law Journal update: Vol 92 Pt 9

By Journal Alerts on October 19, 2018

The latest Part of the Australian Law Journal contains the following articles: “On to Strasbourg or Back to Temple? The Future of European Law in Australia Post-Brexit” – The Hon TF Bathurst AC and Bronte Lambourne; “Searching for the Searchers: The Australian Legal Profession and the Operation of the Australian Red Cross Missing and Wounded Enquiry Bureau in World War I” – Tony Cunneen; “Judicial Decision-Making in Times of War and Relative Peace” – The Hon Susan Kiefel AC; and “The Case for Contradictors in Approving Class Action Settlements” – Jeremy Kirk. This Part also includes the following sections: Current Issues; Admiralty and Maritime; Family Law; Statutory Interpretation; Personalia; and Book Reviews.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged Admiralty and Maritime, ALJ, Amanda Kennedy, Andrew Roberts, Angelina Gomez, Australian Communist Party v Commonwealth (Communist Party Case), Australian Red Cross Missing and Wounded Enquiry Bureau, book review, Bronte Lambourne, Commonwealth targets for briefing female barristers, contradictors and approval of class action settlements, Critical Perspectives on the Uniform Evidence Law, Current issues, Dr Damien J Cremean, Emily Vale, Evidence Act s 165B, Family Court restructure, family law, Indigenous recognition, influence of European law on Australian public law, Jennifer Nielsen, Jeremy Gans, Jeremy Kirk, judicial decision-making during World War II and present, judicial process explanation note by The Australian National Imams Council, Justice François Kunc, Justice Gail Sutherland, Justice Jennifer Smith, Justice John Vaughan, Justice Kevin Lyons, Lawyering in Rural and Regional Australia, McCloy v New South Wales, Murphy v Electoral Commissioner, Muslims and the legal process, ownership of unclaimed wreck, Personalia, Richard Ingleby, Statutory interpretation, The Hon John Basten, The Hon Susan Kiefel AC, The Hon TF Bathurst AC, The Place of Practice, threats by adult children to parents, Tony Cunneen, Trish Mundy, Victorian Law Reform Commission report on class actions | Leave a response

Australian Law Journal update: Vol 92 Pt 8

By Journal Alerts on September 19, 2018

The latest Part of the Australian Law Journal contains the following articles: “Taxation of Settlements, Judgments and Awards” – Tony Slater QC and Elizabeth Bishop; “Timor-Leste v Australia: The Impact of International Law on the Current and the Future Arrangements in the Timor Sea” – Maha Chaar; and “Corporate Law Practice: Legal Advice and Ethics” – Barbara Mescher. This Part also includes the following sections: Current Issues; Conveyancing and Property; Technology and the Law; Admiralty and Maritime; Around the Nation: Tasmania; Personalia; and Book Review.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged A Charter of Rights for Australia (4th ed), Admiralty and Maritime, ALJ, Angelina Gomez, Anna Collyer, arbitration proceedings by Timor-Leste against Australia, Around the nation: Tasmania, Barbara Mescher, book review, Brendan Edgeworth, Certain Maritime Arrangements in the Timor Sea (CMATS), Conveyancing and property, corporate law and practice, Current issues, Daniel Reynolds, Dr Damien J Cremean, Elizabeth Bishop, Emily Vale, George Williams, Justice Stephen Estcourt AM, legal ethics, Lyria Bennett Moses, Maha Chaar, Personalia, Robert Angyal SC, Ruth C A Higgins SC, taxation of settlements judgments and awards, Technology and the Law, Tony Slater QC | Leave a response

Australian Law Journal update: Vol 92 Pt 7

By Journal Alerts on August 29, 2018

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 | Leave a response

Australian Law Journal update: Vol 92 Pt 6

By Journal Alerts on August 8, 2018

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 | Leave a response

Australian Law Journal update: Vol 92 Pt 5

By Journal Alerts on July 17, 2018

The latest Part of the Australian Law Journal contains the following articles: “Young’s ‘Fact finding made easy’ in Refugee Law: A Former Practitioner’s Perspective” – Douglas McDonald-Norman; “Hear No Evil, See No Evil, Speak No Evil … and, Read No Evil: Confiscation of Literary Proceeds under Australian Criminal Property Confiscation Legislation” – Dr Natalie Skead; and “Aggravating and Mitigating Factors in Sentencing: Comparing the Views of Judges and Jurors” – Kate Warner, Julia Davis, Arie Freiberg, Caroline Spiranovic and Helen Cockburn. This Part also includes the following sections: Current Issues; Conveyancing and Property; Around the Nation: Northern Territory; Personalia; Recent Cases; and Books.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged “Fact finding made easy” (2006) 80 ALJ 454, “Justice State of the Nation” Address, #MeToo, aggravating and mitigating factors in sentencing, ALJ, Angelina Gomez, Appointment of Queen's Counsel, Arie Freiberg, Around the Nation: Northern Territory, book review, Brendan Edgeworth, Can You See the Mountain? A Legal Journey with a Few Diversions, Caroline Spiranovic, Cheryle King, Commonwealth, Conveyancing and property, criminal property confiscation legislation, Current issues, Douglas McDonald-Norman, Dr Natalie Skead, Ellis v Pell, Emily Vale, Helen Cockburn, Hon Dean Mildren AM RFD QC, Julia Davis, Justice François Kunc, Justice Gregory Geason, Justice Kim Hargrave, Justice Michael Baumann AM, Justice Peter Davis, Justice Sarah Derrington, Justice Shan Tennent, Kate Warner, literary proceeds of crime, Personalia, Peter Heerey, Queensland, Recent cases, refugee status determination (RSD), Robert Angyal SC, Ruth CA Higgins SC, Solicitor-General Kristen Walker QC, Susan Milne, Tasmania, Victoria | Leave a response

Australian Law Journal update: Vol 92 Pt 3

By Journal Alerts on June 4, 2018

The latest Part of the Australian Law Journal contains the following articles: “A ‘Diminished Nation’? The Racial Discrimination Act 1975, The Native Title Act 1993 and Constitutional Recognition of Indigenous Australians” – Professor Jonathan Fulcher; “The Doctrine of Forbearance” – Jeremy Stoljar; and “The Duty to Mitigate: A Comparative Analysis between the English Common Law and the CISG” – Bruno Zeller. This Part also includes the following sections: Current Issues; Conveyancing and Property; Around the Nation: Victoria; Personalia; Recent Cases; and Books.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged Agricultural & Rural Finance Pty Ltd v Gardiner (2008) 238 CLR 570, ALJ, Almazeedi v Penner [2018] UKPC 3, Angelina A Gomez, Around the Nation: Victoria, books, Brendan Edgeworth, Bruno Zeller, Chief Justice Diana Bryant, common law doctrine of forbearance, Commonwealth, constitutional recognition of Indigenous Australians, Convention on the International Sale of Goods (CISG), Conveyancing and property, core business for the High Court, Current issues, differences between CISG and common law, e-conveyancing and contracts for sale of land and deeds, Emily Vale, Jeremy Stoljar, judicial conduct in Australia, Justice Clyde Croft, Justice François Kunc, Native Title Act 1993 (Cth), Personalia, power of sale, Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd (2018) 92 ALJR 248; [2018] HCA 4, Professor Jonathan Fulcher, Racial Discrimination Act 1975 (Cth), Recent cases, reducing criminal courts backlog, Robert Angyal SC, Ruth C A Higgins SC, strata schemes and short-term lettings, studying law, Thai Airways International Public Co Ltd v KI Holdings Co Ltd [2015] EWHC 1250 (Comm), the Minister vs the Courts; judicial conduct in the United States, vagueness resulting in substantive unfairness | Leave a response

Australian Law Journal update: Vol 92 Pt 2

By Journal Alerts on April 20, 2018

The latest Part of the Australian Law Journal contains the following articles: “Security for Costs in Unfunded Federal Class Actions: Back to the Future” – Vince Morabito and Naomi Hatcher; and “The Unresolved Problem of Expert Evidence” – Thomas Kearney. This Part also includes the following sections: Current Issues; Conveyancing and Property; Statutory Interpretation; The Legal Observer; Personalia; Family Law; and Recent Cases.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged ALJ, Australian Law Reform Commission, Brendan Edgeworth, Chief Justice Marilyn Warren, class actions without commercial litigation funders support, constructional choice, Conveyancing and property, costs of expert evidence, Current issues, Emily Vale, excessive costs and inappropriate correspondence, executive policies on entry of foreign nationals, expert evidence, Fair Work (Registered Organisations) Act 2009 (Cth), family law, Hate Speech Law reform, High Court Judge James Edelman, increasing the minimum age of criminal responsibility, Industrial Relations: Fair Work Act 2009 (Cth), institutional responses to child sexual abuse, Justice François Kunc, Justice John Byrne AO RFD, leases and certainty of duration requirement, McNab v Graham [2017] VSCA 352, Michael Pelly, migration: protection visas, Modern Slavery Law reform, Naomi Hatcher, new Commonwealth Attorney-General, OPCAT ratified, Personalia, potential for expert bias, Queensland, Recent cases, relief for proprietary estoppel, Richard Ingleby, Robert Angyal SC, Ruth C A Higgins SC, Statutory interpretation, The Hon John Basten, The Legal Observer, third party litigation funding in class actions, Thomas Kearney, Victoria, Vince Morabito | Leave a response

Australian Law Journal update: Vol 91 Pt 12

By Journal Alerts on December 18, 2017

The latest Part of the Australian Law Journal includes the following articles: “Paciocco in the High Court: Penalties and Late Payment Fees” – J G H Stumbles; and “Australian Rules: A Survey of the High Court of Australia on Construction Law 1965-2016” – Professor John Sharkey AM. Also in this Part are the following sections: Current Issues; Letters to the Editor; Conveyancing and Property; Personalia: Commonwealth, New South Wales and Queensland; Admiralty and Maritime; and Recent Cases.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged 30 Years of the Judicial Commission of NSW, Aboriginal Languages Act 2017 (NSW), Administration Act 1903 (WA), Admiralty Act 1988 (Cth) s 6(b), Admiralty and Maritime, Airbnb short-term letting in strata schemes, ALJ, Brendan Edgeworth, Canada, Cavendish and ParkingEye litigation, Claimant Suing in Negligence as Result of Motor Vehicle Accident, Clare Langford, Commonwealth Constitution s 44(i), Commonwealth Government responds to the Referendum Council's Report, Commonwealth Redress Scheme for victims of institutional child sexual abuse, constitutional law, Construction Law 1965-2016, Conveyancing and property, Current issues, Dr Damien J Cremean, Dual Citizenship, IBA, J G H Stumbles, Justice David Graham Thomas, Justice François Kunc, Justice Guy Parker, Justice Helen Bowskill, late payment fees and penalties, new approach to statutory interpretation, Paciocco in High Court, parking and easements, parliamentary elections, Personalia, President Walter Sofronoff, Probate, Professor John Sharkey AM, Recent cases, recommended national standards for working with interpreters in courts and tribunals, Robert Angyal SC, Ruth C A Higgins SC, same-sex marriage law reform, What Constitutes Mental Injury, Where Referred Persons Elected to Commonwealth Parliament, Whether Wrongdoer Can Benefit Indirectly as a Result of Crime | Leave a response

Australian Law Journal update: Vol 91 Pt 8

By Journal Alerts on August 24, 2017

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 | Leave a response

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