The latest Part of the Australian Law Journal contains the following articles: “Aboriginal Australians and the Common Law” – The Honourable Margaret Beazley AC QC; “The Rise of the Anti-arbitration injunction” – Justice AS Bell; and “The Requirement of Property or Possessory Rights for Relief against Forfeiture” – Fabian Di Lizia. This Part also includes the following sections: Current Issues: “Rethinking COVID-19 State Border Closures”; “From the Law Schools – A New Editor”; “Excluded: The Democratic Deficit in Interstate Border Closures”; and “The Curated Page”; From the Law Schools: “Australian Legal Education – Moving Forward in 2021”; Admiralty and Maritime: “Admiralty and Maritime and the South China Sea”; Technology and the Law: “Designing for Consumers: Australian Competition and Consumer Commission v Google LLC (No 2)”; Family Law: “A Financial Agreements Conundrum”; and International Focus: “Australia’s New Foreign Relations Legislation”.
This Part of the Journal of Law and Medicine includes the following articles: “COVID-19 Tests the Limits of Biodiversity Laws in a Health Crisis: Rethinking ‘Country of Origin’ for Virus Access and Benefit-sharing” – Fran Humphries, Michelle Rourke, Todd Berry, Elizabeth Englezos and Charles Lawson; “The Impact of COVID-19 on Fertility Treatment in Australia” – Ronli Sifris and Karinne Ludlow; “Chasing Immunity: How Viable Is a Mandatory COVID-19 Vaccination Scheme for Australia?” – Madeline Rohini Fisher; “Adolescent Gender Dysphoria and the Informed Consent Model of Care” – Patrick Parkinson AM; “Australian Medical Device Regulation during COVID-19: Has the Australian Regulatory Framework for Medical Devices Been Effective during the COVID-19 Pandemic?” – Jeffrey J Brownscombe; “Concussion, Chronic Traumatic Encephalopathy, and the Legal Obligation of Sporting Organisations to be Informed of the Scientific Knowledge of the Day and to Warn of Material Risks” – David Thorpe; “Use of Personal Health Information under Consent – Exempt Circumstances for Research: Views of the Australian General Public” – David J Carter; “The Role of Medical Evidence in Determining the Outcome of Medical Negligence Cases When Peer Professional Opinion Is Used” – Hugh Platt; “Role of Law in End-of-Life Decision-Making: Perspectives of Patients, Substitute Decision-Makers and Families” – Lindy Willmott, Ben White, Rachel Feeney, Cheryl Tilse, Jill Wilson and Joanne Aitken; “New Challenges to the Legal Definition and Medical Determination of Brain Death: A Multi-jurisdictional Approach – Cases from the United States, the United Kingdom, Canada and Australia” – James Tibballs and Neera Bhatia; “Murder (Infanticide) in Post-partum Depression: The Case of Akon Guode” – Joseph Briggs and Russ Scott; and “Causes of the Obesity Epidemic and Economic Rationales to Support Taxation as a Population-based Policy Response” – Lidia Xynas.
Also in this Part are the following sections: Editorial: “COVID-19 as a Disruptor and a Catalyst for Change” – Ian Freckelton AO QC; Legal Issues: “COVID-19 Denialism, Vaccine Scepticism and the Regulation of Health Practitioners” – Ian Freckelton AO QC; Medical Issues: “Killing of Elderly Patients by Health Care Professionals: Insights From Coroners’ Inquests and Inquiries in Three Cases” – Jordyn Nelson, Joseph Ibrahim, Lyndal Bugeja and David Ranson; Bioethical Issues: “Bell v Tavistock: Why the Assent Model Is Most Appropriate for Decisions Regarding Puberty Suppression for Transgender and Gender Diverse Youth” – Lauren Notini; Technology Health Law Issues: “Regulation of AI in Health Care: A Cautionary Tale Considering Horses and Zebras” – Bernadette Richards, Susannah Sage Jacobson and Yves Saint James Aquino; Mental Health Law Issues: “Advance Planning in Mental Health Care: The Trouble with Terminology” – Vrinda Edan, Bridget Hamilton and Lisa Brophy; Health Law Reporter: “Posthumous Reproduction and the Law: Tissue Transplantation, Property Rights and the Reproductive Relational Autonomy” – Cameron Stewart, Kelton Tremellen and Julian Savulescu; and Book Review: “The Lost Lovelies Foundation”, by Beth Wilson.
This Issue of the Environmental and Planning Law Journal includes the following articles: “The Murray-Darling Basin in Court: Administering Water Policy in the Eastern States of Australia – Administrative and Other Challenges” – Justice Nicola Pain and Georgia Pick; “Landowners’ Appeal of Seawalls Refusal Unsuccessful” – John R Corkill; “Higher and Distinctive Standards for Urban River Protection? Special Purpose “River Laws” and Land-use Planning” – Bruce Lindsay; “Take Care or Beware: Victoria’s New Environmental Protection Regime” – Alice Maxwell; “Serial Environmental Offenders: Putting Penalties into Practice” – Kierra Parker; “Planning vs Planning Law: Reconciling Planning Policy and Case Law in the Victorian Planning System” – Stephen Rowley; and “Climate Change Risk and the Urban Landscape” – Sophie Tepper.
The latest Part of the Family Law Review includes the following articles: “Applying the s 75(2) factors to the division of family property: A principled approach” – Patrick Parkinson; and “Legal capacity and case guardians – Part 2: The institution of proceedings and appointment of case guardians” – Brendan Ashdown. Also in this Part are the following sections: Family Dispute Resolution: Face-to-face, telephone and online mediation: Advantages and disadvantages; International Family Law: Recognition of foreign marriages and divorces; Recent Cases: Commissioner of Taxation v Darling (Access to and use of documents on court file) and Bondelmonte v Bondelmonte (S 75(2) factors – Lack of reasons – Substantial injustice).
Now in its 21st year, the Journal of Law and Medicine (JLM) focuses on legal, medical and bioethical issues that arise at the dynamic nexus between health and the law. Professor Loane Skene of the University of Melbourne is the guest editor and coordinator of the upcoming December 2013 Special Issue of JLM. Titled Regulating ...more
The latest Part of the Property Law Review includes four great articles on different aspects of property law. The first article comes from Michael Weir and Tina Hunter and discusses the structural conflict between the interests of landholders and titleholders in coal seam gas extraction. The second article is by Elizabeth Toomey and investigates the effect of the Canterbury Earthquake Recovery Act 2011 (NZ) on the established Torrens principles of land ownership. Next is the article by Richard Wu and Mohd Yazid Bin Zul Kepli which considers the global implementation of title registration systems, focusing on common law countries such as Australia, England and the United States. Finally the article by Madeline Gleeson the importance of property law, human rights and development in Cambodia.
The latest Part of the Local Government Law Journal publishes an article by Peter Williams arguing for consistency of State government policy in the area of property and development rights, and that, irrespective of State government intransigence, effective transferable development rights schemes are possible. It also includes an article by Sarah Withnall Howe which discusses how the multiple heads of local government within WA hinders the monitoring of local government corruption issues. There is also a Digest of Cases and Merits Appeals section.