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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

Australian Law Journal update: Vol 93 Pt 11

By Journal Alerts on November 29, 2019

The latest Part of the Australian Law Journal contains the following articles: “Recognition in Keeping with the Constitution” – The Hon Murray Gleeson AC; “Court-referred Alternative Dispute Resolution and Judicial Education in Australia: Perspectives from the Bench” – Nicky McWilliam, Jennifer Tridgell and Hannah Bell; and “Beware the Double-edged Sword: When Private Regulation (By-laws) Seeks to Limit Freehold Land Rights (Short-term Holiday Letting in Multi-owned Properties)” – Melissa Pocock. This Part also includes the following sections: Current Issues; Letter to the Editor; Conveyancing and Property; Constitutional Law; Around the Nation: Western Australia; Personalia; and Book Review.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged ALJ, Anne Twomey, Around the Nation: Western Australia, Body Corporate for Hilton Park CTS 27490 v Colin Robertson (Hilton Park v Robertson), book review, Brendan Edgeworth, Byrne v Owners of Ceresa River Apartments Strata Plan 55597 (Ceresa), CADR, Commonwealth Religious Freedom Legislation, Constitution, constitutional law, Conveyancing and property, Court-Referred Alternative Dispute Resolution, Current issues, DG Robertson QC, Eckart J Brödermann, Emily Vale, Equitable Easements, Fair Trading Amendment (Short-term Rental Accommodation) Act 2018 (NSW), Freehold Land Rights, Hannah Bell, Ideal Business Centres, In Personam Rights and Indefeasibility, Jeffery v Western Australia [2018] WASCA 219, Jennifer Tridgell, Justice Angus Stewart, Justice Darren Jackson, Justice François Kunc, Justice Kenneth Martin, Justice Mark Ierace, Justice Michael O’Bryan, Justice Thomas Bradley, Law Reporting in New South Wales, letter to the editor, Liability of the State, Melissa Pocock, Misconduct of Police Officers, MOP, multi-owned properties, Nicky McWilliam, O’Connor (Senior) v Proprietors, Owners Corporation PS 501391P v Balcombe, Owners Corporations Amendment (Shortstay Accommodation) Act 2018 (Vic), Personalia, Practical Legal Training Program, Private Regulation, prorogation, religious freedom, Robert Angyal SC, Senior Counsel Appointments, Sexual Assault Convictions, Simon Bronitt, South Australian Court of Appeal, Strata Plan No 51 (Pinnacle), The Curated Page, The Hon Murray Gleeson AC, Torrens system, UNIDROIT Principles of International Commercial Contracts, Unregistered Leases, Untenable Defence Case Theory, Violin Holdings, W(h)ither Law Reporting, Western Australia v Cunningham (No 3) [2018] WASCA 207 | Leave a response

Australian Law Journal update: Vol 93 Pt 7

By Journal Alerts on July 12, 2019

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.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged (2016) 90 Australian Law Journal 190 page 204, Admiralty and Maritime, ALJ, alternative versions of a fact, amendments to the International Arbitration Act 1974 (Cth), arbitration clauses and the High Court, Around the Nation: Victoria, ASIC's and APRA's attitudes to enforcement, Australia and Timor-Leste conciliation and maritime boundary treaty, climate change and the law, competition and consumer law, competitive neutrality and state aid, complaint handling role of the Australian Human Rights Commission (AHRC), constitutional law, corrigendum, Current issues, Dan Butler, Dr Damien J Cremean, Dr Nuncio D’Angelo, Emeritus Professor Michael Coper AO, Emeritus Professor Rosalind Croucher AM, Emily Vale, enforcement of foreign judgments, family law, good faith in contracts, International focus, issue estoppel, John Kettle, Justice Andrew Bell, Justice Clyde Croft AM, Justice Crennan, Justice Elizabeth Wilson, Justice Lea Armstrong, Justice Patricia Henry, new and old ideas about estoppel and election, new International Law Editor for ALJ, Obituary, Part IVA of the Federal Court of Australia Act 1976 (Cth), Personalia, politics and the rule of law, pollution of the seas and admiralty, Professor Stuart Kaye, Recent cases, religious freedom, representative proceedings, review of franchising law, Richard Ingleby, Ruth C A Higgins SC, Stanford v Stanford (2012) 247 CLR 108, The Curated Page, The Hon Justice Stephen Gageler AC, The Hon K R Handley QC | Leave a response

Australian Law Journal update: Vol 93 Pt 6

By Journal Alerts on June 25, 2019

The latest Part of the Australian Law Journal contains the following articles: “Statistics on Trial” – Professor John S Croucher AM; “Limitation of Actions and Specific Performance” – Perry Herzfeld; “Liability of Educational Institutions for Child Abuse” – Jack Maxwell; “From Morotai To Manus: The Australian War Crimes Trials of The Japanese, 1945–1951 and The Australian Legal Profession” – Narrelle Morris; and “Law Schools and The Burden Of Bureaucracy: Release The Yoke (A Plea From The Coalface). Part 2: International Comparators and A Proposal” – Olivia Rundle and Lynden Griggs. This Part also includes the following sections: Current Issues; Letter to the Editor; Conveyancing and Property; Corporations and Securities; Class Actions; Around the Nation: Australian Capital Territory; Personalia; and Book Review.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged ALJ, Angelina Gomez, Around the Nation: Australian Capital Territory; Justice David Mossop, Australian war crimes trials of the Japanese, book review, breach of suppression orders, Brendan Edgeworth, bureaucracy in law schools, claim for specific performance, class actions, Control of Government Action: Text Cases & Commentary, Conveyancing and property, corporate fundraising, Corporations and Securities, Emily Vale, family law, family law developments, federal class action settlements, Independent National Security Legislation Monitor, J McMillan, Jack Maxwell, Jason Harris, Justice François Kunc, Justice Michael B J Lee, Justice Michael Wheelahan, Justice Paul Anastassiou, Law Admissions Consultative Committee (LACC), letter to the editor, liability of educational institutions for child abuse, Lynden Griggs, M Groves, M Smyth, military court trials, Narrelle Morris, native title compensation, Olivia Rundle, Perry Herzfeld, Personalia, Professor John S Croucher AM, R Creyke, religious freedom, Robert Angyal SC, social media reform after killings in Christchurch, statistics in the legal context, The Curated Page, The Hon Ian Holloway PC QC, The Hon Margaret Joan Beazley AO QC, Vale Emeritus Professor Michael Coper AO FAAL | Leave a response

Australian Law Journal update: Vol 93 Pt 4

By Journal Alerts on April 10, 2019

The latest Part of the Australian Law Journal contains the following articles: “Reforming the Australian Law of Contract – Some Practical Next Steps” – John Eldridge; “Internment of Terrorism Suspects and the Australian Constitution” – Anthony Gray; and “The Internationalisation of Australian Criminal Lawyers: 25 Years of Australians in The Hague” – Sarah Pitney. This Part also includes the following sections: Current Issues; Letter to the Editor; Conveyancing and Property; Constitutional Law; Class Actions; Recent Cases; and Personalia.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged ALJ, Angus Stewart SC, Anne Twomey, Anthony Gray, Australian law of contract reform, Brendan Edgeworth, Chief Justice Dame Sian Elias, class actions, competing class actions, constitutional law, Conveyancing and property, cultural change in the legal profession, Current issues, discrimination law and strata schemes, Dr Damien J Cremean, easements and recreation, Emily Vale, Full Federal Court in Westpac Banking Corp v Lenthall, Hocking case, International Criminal Tribunal for the Former Yugoslavia (ICTY), internationalisation of Australian criminal lawyers, internment of terrorism suspects, John Eldridge, judicial bullying in the United Kingdom, Justice Andrew Tinney, Justice François Kunc, Justice Helen Winkelmann, Justice Kelly Rees, Justice Lesley Taylor, Justice Michael B J Lee, Justice Steven Moore, Legal Profession Uniform Scheme, legitimacy of a judicial decision, letter to the editor, McKell v The Queen (2019) 93 ALJR 309; [2019] HCA 5, NSW Court of Appeal in Brewster v BMW Australia Ltd, Personalia, Queen's letters, Recent cases, Robert Angyal SC, Ruth C A Higgins SC, Sarah Pitney, The Curated Page, Tiger Yacht Management Ltd v Morris [2019] FCAFC 8 | Leave a response

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

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Australian Law Journal update: Vol 93 Pt 12

Australian Law Journal update: Vol 93 Pt 11

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Australian Law Journal update: Vol 93 Pt 4

Australian Law Journal update: Vol 92 Pt 12

Australian Law Journal update: Vol 92 Pt 9

Australian Law Journal update: Vol 92 Pt 8

Australian Law Journal update: Vol 92 Pt 6

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