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Australian Law Journal update: Vol 91 Pt 6

By Journal Alerts on June 11, 2017

The latest Part of the Australian Law Journal contains the following articles: “Creation of the Federal Court: A Reflection” – Hon Sir Gerard Brennan AC KBE GBS; “Characterisation: Its place in Contractual Analysis and Related Enquiries” – James Allsop; “Gender Equality among Barristers before the High Court” – Daniel Reynolds and George Williams. This Part also includes the following sections: Current Issues; Around the Nation: Victoria; Environmental Law; Equity and Trusts; Family Law; Recent Cases; Books Received and Book Reviews.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged 40th anniversary of the Federal Court of Australia, ALJ, Angelina Gomez, appeals, Around the Nation: Victoria, barristers, Book reviews, books received, characterisation, common form grant, consumer law, contractual analysis, Conveyancing and Property Section Editors, Current issues, Daniel Reynolds, data retention laws, doctrine of penalties, enforcement of judgment debt, environmental law, equity and trusts, family law, FLIP Report, foreign judgments, gender equality, gender equality at Australian Bar, George Williams, Hon Sir Gerard Brennan AC KBE GBS, injunctions restraining executive orders, James Allsop, Justice Clyde Croft, Justice François Kunc, Justice Mark Leeming, Justice Rachel Pepper, Melbourne University Law School, Michael Quinlan, misfeasance in public office, Muslim ban executive orders, Philip R Wood, procedure, Professor Brendan Edgeworth, Recent cases, Richard Ingleby, Robert Angyal SC, Ruth C A Higgins, s 18C of the Racial Discrimination Act 1975 (Cth) (RDA), services, The Fall of the Priests and the Rise of the Lawyers, time for assessing testamentary capacity, unconscionability | Leave a response

Australian Law Journal update: Vol 91 Pt 4

By Journal Alerts on April 21, 2017

The latest Part of the Australian Law Journal contains the following articles: “‘Judges’ Sons Make the Final Sacrifice’: The Story of the Australian Judicial Community in the First World War” – Tony Cunneen; “The Honourable Sir Kenneth Jacobs KBE: A Centenary Appreciation” – Hon William Gummow AC; “The Honourable Septimus Burt KC” – Julian Burt and Angelina Gomez; “The Changing Face of Judicial Leadership: A Western Australian Perspective” – Robert French AC. This Part also includes the following sections: Current Issues; Conveyancing and Property; Around the Nation: Tasmania; Administrative Law; Personalia; Admiralty and Maritime; International Focus; Recent Cases and Book Reviews.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged administrative law, Admiralty and Maritime, ALJ, Angelina Gomez, Around the nation: Tasmania, Book reviews, Clare Langford, Conveyancing and property, Current issues, David Malcolm Annual Memorial Lecture, Defending the Rights of All – A History of the Law Society of NSW, Dr Damien J Cremean, First World War, Greg Taylor, Hon Septimus Burt KC, Hon Sir Kenneth Jacobs KBE, Hon William Gummow AC, human trafficking, Interlocutory Criminal Appeals in Australia, International focus, J M Bennett, Judging for the People – A Social History of the Supreme Court in Victoria 1841-2016, judicial community, judicial leadership, Julian Burt, Julian R Murphy, Justice François Kunc, Justice Melissa Perry, Justice Stephen Estcourt, Oxford Edition of Blackstone, Personalia, Peter Butt, Recent cases, risk of harm, Robert French AC, Ruth C A Higgins, Ryszard Piotrowicz, saving life at sea, sentencing, Simon Smith, social media, Tony Cunneen, Western Australia, Wilfrid Prest | Leave a response

Australian Law Journal update: Vol 91 Pt 3

By Journal Alerts on April 9, 2017

The latest Part of the Australian Law Journal contains the following articles: “Not worth the paper they’re not written on? Executing documents (including deeds) under electronic documentation platforms: Part B” – Diccon Loxton; “Burqas and Niqabs in the courtroom: Finding practical solutions” – Renae Barker. This Part also includes the following sections: Current Issues; Conveyancing and Property; Constitutional Law; Around the Nation: Western Australia; International Focus; Recent Cases and Book Reviews.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged 25th anniversary QCA, 40th anniversary of Federal Court, ALJ, ALRC Inquiry into Indigenous Incarceration Rates, Angelina Gomez, Anne Twomey, Anthony Gray, Around the Nation: Western Australia, Australia-Cambodia Refugee Resettlement Agreement, Book reviews, Brexit, burqas, Chief Justice Susan Kiefel AC, constitutional law, Conveyancing and property, Criminal Due Process and Chapter III of the Australian Constitution, Current issues, Diccon Loxton, electronic deeds, electronic documentation platforms, electronic transactions legislation, FCA National Court Framework (NCF), Hon Thomas Bathurst AC, human rights, International focus, Jason N E Veruhas, John Bell, Judge Matthew Myers AM, juries, Justice François Kunc, Justice James Edelman, Justice Kenneth Martin, Madeleine Ellicott, Mark Elliott, niqabs, Peter Butt, Philip Murray, Public Law Adjudication in Common Law Systems: Process and Substance, Rebecca Ananian-Welsh, Recent cases, refugee law, Renae Barker, Ruth C A Higgins, Ryszard Piotrowicz, s 127 of the Corporations Act 2001 (Cth), Smith v Western Australia [No 2] [2016] WASCA 136, witness evidence | Leave a response

Family Law Review update: Vol 7 Pt 1

By Journal Alerts on April 6, 2017

The latest Part of the Family Law Review includes the following material: “The prevalence of allegations of family violence in proceedings before the Federal Circuit Court of Australia” – Judge Joe Harman; “Another tool in their arsenal? The potential of domestic violence typologies to inform family law alternative dispute resolution processes” – Hayley Boxall and Dr Jason Payne; “The reach and efficacy of s 121 of the Family Law Act” – Sharon Rodrick and Adiva Sifris; Child Support: “Child support and the autochthonous expedient” – Simon Bacon; Property and Financial Arrangements: “Justice, equity and alteration of individual property interests” – Will Stidston and Anna Parker; Practice and Procedure: “The teetering capacity of family law litigants: The risks to mentally ill litigants when the court is unaware they lack capacity” – Bridget Cullen; In the High Court: “Parenting orders, children’s views, order in favour of ‘strangers’: Bondelmonte – Dean Foley; and Recent Cases: Lane v Nichols, Masters v Cheyne, Fewster v Drake, and Russo v Wylie.

Posted in Family Law Review (Fam L Rev), Journals, Update Summaries | Tagged Adiva Sifris, alternative dispute resolution, Anna Parker, appointment of financial administrator, appointment of guardian, autochthonous expedient, Bondelmonte v Bondelmonte [2017] HCA 8, Bridget Cullen, capacity, child support, Child Support (Registration and Collection) Act 1988 (Cth), children's views, Dean Foley, domestic violence typologies, Dr Jason Payne, Elford v Elford, Fam L Rev, family law litigants, family violence allegations, Federal Circuit Court of Australia, Fewster v Drake [2016] FamCAFC 214, Hayley Boxall, In the High Court, individual property interests, Judge Geoffrey Monahan, Judge Joe Harman, just and equitable, Lane v Nichols [2016] FamCAFC 234, Masters v Cheyne [2016] FamCAFC 255, mentally ill litigants, Michael P Johnson, Olivia Rundle, open justice, order in favour of "strangers", parenting orders, Practice and Procedure, Property and Financial Arrangements, property settlement, Recent cases, right to report, Russo v Wylie [2016] FamCAFC 227, s 121 of the Family Law Act 1975 (Cth), Sharon Rodrick, Simon Bacon, Stanford v Stanford, Trevor McKenna, Will Stidston | Leave a response

Australian Law Journal update: Vol 91 Pt 2

By Journal Alerts on March 16, 2017

The latest Part of the Australian Law Journal includes the following articles: “Values in public law” – Chief Justice James Allsop AO (based on address given at the James Spigelman Oration 2015, Sydney); and “Not worth the paper they’re not written on? Executing documents (including deeds) under electronic documentation platforms: Part A” – Diccon Loxton. Also in this Part are the following sections: Current Issues; Conveyancing and Property; Family Law; Around the Nation: Northern Territory; Crime and Evidence; Personalia; Around the Nation: Western Australia; Recent Cases; Book Review; and Obituary.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged 40th anniversary of Federal Court, Airbnb, ALJ, ALJ sections, Around the Nation: Northern Territory, Around the Nation: Western Australia, book review, burqas, Chief Justice James Allsop AO, Chief Justice Susan Kiefel AC, Clare Langford, Conveyancing and property, Crime and Evidence, Current issues, Diccon Loxton, electronic contracts, electronic documentation platforms, electronic signatures, extended common purpose, extended joint criminal enterprise, family law, George Masterman QC, Industrial Relations Reform: Looking to the Future – Essays in Honour of Joe Isaac AO, James Spigelman Oration 2015, Justice François Kunc, Justice James Edelman, Justice Joseph McGrath, Justice Kenneth Martin, Justice Phillip Priest, Keith Hancock, Michael J Walton, Miller v The Queen (2016) 90 ALJR 918; [2016] HCA 30, niqabs, Obituary, Personalia, Peter Butt, public law, Recent cases, Richard Ingleby, Russell D Lansbury, Ruth C A Higgins, The Hon Dean Mildren AM RFD QC | Leave a response

Australian Law Journal update: Vol 91 Pt 1

By Journal Alerts on February 22, 2017

The latest Part of the Australian Law Journal includes the following articles: “Chief Justice Robert French AC” – Chief Justice Wayne Martin; “Appearing in the French Court” – Justice Stephen McLeish; and “The High Court under Chief Justice Robert French” – Harry Hobbs, Andrew Lynch and George Williams. Also in this Part are the following sections: Current Issues; Letter to the Editor; Conveyancing and Property; Constitutional Law; Administrative Law; Personalia; and Recent Cases.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged administrative decision-making, administrative law, ALJ, Andrew Lynch, Anne Twomey, automated systems, Chief Justice French, Chief Justice Robert French AC, Chief Justice Wayne Martin, Clare Langford, constitutional law, Conveyancing and property, Current issues, Fixtures, George Williams, Harry Hobbs, High Court of Australia, Justice François Kunc, Justice Melissa Perry, Justice Stephen McLeish, letter to the editor, Personalia, Peter Butt, Recent cases, Ruth C A Higgins | Leave a response

Family Law Review update: Vol 6 Pt 3

By Journal Alerts on November 23, 2016

The latest Part of the Family Law Review includes the following material: “Understanding discretionary trust structures in family law” – Grant T Riethmuller; “Hague Convention on the Civil Aspects of International Child Abduction: The consideration of habitual residence in Australian courts” – Patricia Easteal AM, Joshua Favaloro and Fanny Thornton; “What happened in the Baby Gammy surrogacy case?” – Michael Nicholls QC; Children and Parenting: “State child welfare departments and federal family law matters” – Felicity Bell; Property and Financial Arrangements: “The treatment of uncertain liabilities in applications under s 79 of the Family Law Act” – Anna Parker; Family Dispute Resolution: “Pro bono mediation and the Federal Circuit Court of Australia in Brisbane: Lessons learned” – Donna Cooper; and Recent Cases: Salah v Salah; Oswald v Karrington; and Lindsey v Christie.

Posted in Family Law Review (Fam L Rev), Journals, Update Summaries | Tagged Anna Parker, assets held on trust, Baby Gammy Thai surrogacy case, Children and Parenting, Dean Foley, discretionary trust structures, Donna Cooper, Fam L Rev, Family Dispute Resolution, Family Law Practitioners Association of Queensland, Fanny Thornton, Farnell v Chanbua [2016] FCWA 17, Federal Circuit Court of Australia, Felicity Bell, Grant T Riethmuller, habitual residence, Hague Convention on the Civil Aspects of International Child Abduction, In Marriage of Biltoft, Joshua Favaloro, Judge Geoffrey Monahan, jurisdictional overlap, Lindsey v Christie [2016] FamCAFC 132, Michael Nicholls QC, Olivia Rundle, Oswald v Karrington [2016] FamCAFC 152, Patricia Easteal AM, pro bono mediation, Property and Financial Arrangements, property proceedings, Recent cases, s 79 or s 90SM of the Family Law Act 1975 (Cth), Salah v Salah [2016] FamCAFC 100, shared parental intentions, State child welfare departments, surrogacy, Trevor McKenna, uncertain liabilities, unsecured liabilities | Leave a response

Australian Law Journal update: Vol 90 Pt 12

By Journal Alerts on November 18, 2016

The latest Part of the Australian Law Journal includes the following articles: “Unconscionability and promissory estoppel” – Acting Justice Peter Young AO; and “Human rights and business lawyers: The 2011 watershed” – John Southalan. Also in this Part are the following sections: Current Issues; Conveyancing and Property; Around the Nation: Australian Capital Territory; Around the Nation: Queensland; Around the Nation: Victoria; Competition and Consumer Law; Recent Cases (Prince Alfred College Inc v ADC; Façade Treatment Engineering Pty Ltd (In liq) v Brookfield Multiplex Constructions Pty Ltd; R (Ingenious Media Holdings plc) v Commissioners for HMRC); and Book Reviews.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged "Access to Justice" review, "The Future of Law and Innovation in the Profession", “In Freedom’s Cause”, accrued rights, Acting Justice Peter Young AO, ALJ, Angelina A Gomez, Around the nation: Australian Capital Territory, Around the nation: Queensland, Around the Nation: Victoria, Ashley Black, Attorney-General Simon Corbell, audio-visual links, Blick v Franklin (2016) 76 MVR 2; [2016] ACTCA 17, book review, business lawyers, by-laws, competition and consumer law, Conveyancing and property, Current issues, Façade Treatment Engineering Pty Ltd (In liq) v Brookfield Multiplex Constructions Pty Ltd [2016] VSCA 247, Greg Weeks, human rights, incapacitated beneficiaries, Industrial Relations Commission (IRC), John McKenna QC, John Southalan, Justice Clyde Croft, Justice François Kunc, Justice John Dominic Burns, Justice Michael Elkaim, Ken Archer, landlords and tenants, legal education, legal history, Limitation of actions, liquidated damages, Magna Carta, moral obloquy, NSW Industrial Court, OECD Guidelines for Multinational Enterprises, owners corporations, performance guarantees, Peter Butt, Peter Dingwall, Prince Alfred College Inc v ADC (2016) 90 ALJR 1085; [2016] HCA 37, Prior v Queensland University of Technology [No 2] [2016] FCCA 2853, Professor Jennifer Hill, Professor Randall Thomas, Promissory Estoppel, public lectures, R (Ingenious Media Holdings plc) v Commissioners for HMRC [2016] UKSC 54, Rachael Gray, Recent cases, recidivism, Research Handbook on Shareholder Power, Robert Baxt AO, Ruth C A Higgins, Saunders v Vautier, secondary schools, section 18C of the Racial Discrimination Act 1975 (Cth), Shane Gill, short-stay accommodations, short-term letting, Soft Law and Public Authorities: Remedies and Reform, strata law, Supreme Court of the ACT, TI v The Queen [2015] ACTCA 62, unconscionability | Leave a response

Australian Law Journal update: Vol 90 Pt 11

By Journal Alerts on November 9, 2016

The latest Part of the Australian Law Journal includes the following articles: “Procedural Fairness: The Age of Legitimate Expectation is Over” – Naomi Sharp; and “His or Her Duty to Keep Secret” – Julie Kinross and Peter Davis QC.
Also in this Part are the following sections: Current Issues; Conveyancing and Property; From the Law Schools; Human Rights; Equity and Trusts; Admiralty and Maritime; Recent Cases; Books Received; Book Reviews: “Scholarly Misconduct: Law, Regulation, and Practice” by Ian Freckelton QC; “When Doctors and Parents Disagree: Ethics, Paediatrics and the Zone of Parental Discretion” by Rosalind McDougall, Clare Delany and Lynn Gillam; “Australian Domain Name Law” by Alpana Roy; and “Ten Years of the Civil Procedure Act 2005 (NSW): A Decade of Insights and Guide to Future Litigation” by Miiko Kumar and Michael Legg; and an Obituary tribute to the late James Donald Merralls AM, QC, written by J H Karkar QC.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged Admiralty and Maritime, ALJ, Alpana Roy, and Practice, Angelina A Gomez, Australian Domain Name Law, Australian law schools, B C Cairns, Book reviews, books received, Clare Delany, Commonwealth inquiry into Indigenous incarceration rates, community legal centres, Conveyancing and property, criminal liability, Current issues, damage done by ship, death penalty, Dr Damien J Cremean, drafting wills, duty of care to intended beneficiary, duty to keep secret, Equity and trust, fine default, From the law schools, Gino Dal Pont, human rights, Ian Freckelton QC, J H Karkar QC, James Donald Merralls AM QC, Julie Kinross, Justice François Kunc, Justice Mark Leeming, Kioa v West (1985) 159 CLR 550, land titles office, landlord’s covenant to repair, legitimate expectation, Lynn Gillam, maritime lien, Michael Legg, migration, Miiko Kumar, Mora (Migration) [2016] AATA 4198, Naomi Sharp, Nicholas Smith, Obituary, Peter Butt, Peter Davis QC, Primary Judge in Equity, procedural fairness, Professor Michael Coper, public officers, R v Baden-Clay (2016) 90 ALJR 1013; [2016] HCA 35, Recent cases, Rosalind McDougall, Ruth C A Higgins, same-sex marriage, Scholarly Misconduct: Law, Scott Aspinall, Ship "Sam Hawk" v Reiter Petroleum Inc [2016] FCAFC 26, Simon Rice, Solicitor-General Act 1916 (Cth), Tasmania v Johnston (2009) 18 Tas R 195, Ten Years of the Civil Procedure Act 2005 (NSW): A Decade of Insights and Guide to Future Litigation, unauthorised disclosure of information, When Doctors and Parents Disagree: Ethics Paediatrics and the Zone of Parental Discretion | Leave a response

Australian Law Journal update: Vol 90 Pt 10

By Journal Alerts on October 31, 2016

The latest Part of the Australian Law Journal includes the following articles: “Lord Atkin: Principle and Progress” – P D T Applegarth; and “What’s in a Name?” – Justice Emilios Kyrou. Also in this Part are the following sections: Current Issues; Conveyancing and Property; Around the Nation: Tasmania; Personalia; Competition and Consumer Law; Recent Cases (Miller v The Queen, Compton v Ramsay Health Care Australia Pty Ltd, Hayward v Zurich Insurance Co plc, Versloot Dredging BV v HDI Gerling Industrie Versicherung AG); and Book Reviews.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged 150th anniversary, Alastair McEwin, ALJ, Angelina A Gomez, anglicisation of names, Anne-Marie Foord, Around the nation: Tasmania, Australian Competition and Consumer Commission (ACCC), Book reviews, Chief Justice Michael Grant, Clare Langford, class actions, Commissioner for Children and Young People (SA), Competition and Consumer Act 2010 (Cth), competition and consumer law, Compton v Ramsay Health Care Australia Pty Ltd [2016] FCAFC 106, concurrent leases, Conveyancing and property, Current issues, Daniel Reynolds, Defamation Law, Director of Public Prosecutions (Cth), Dr David Rolph, Edward Santow, Greek Australians, Hayward v Zurich Insurance Co plc [2016] UKSC 48, Hellenic lawyers in Australia, Human Rights Commission, Judicial Conduct Commissioner (SA), Justice Emilios Kyrou, Justice François Kunc, Justice John Robson, Justice Maree Kennedy, Justice Martin Hinton, Justice Michael Brett, Justice Michael Elkaim, Justice Shane Gill, Justice Stephen Burley, Justice Stephen Estcourt, Leading Cases in Australian Law: A Guide to the 200 Most Frequently Cited Judgments, Legal History Podcasts on Equity, librarians, libraries, Linden Barnes, Lord Atkin, Lyndon Goddard, media coverage, Michael Brogan, Miller v The Queen (2016) 90 ALJR 918; [2016] HCA 30, multiculturalism, national conference on the future of Australian legal education, nuisance committed by licensee, Nuncio D'Angelo, owner liability, P D T Applegarth, Personalia, Peter Butt, post-sentence preventative detention, Professional Responsibility and Legal Ethics, Recent cases, recognition referendum, revenge porn, Robert Baxt AO, Ruth C A Higgins, Sarah McNaughton SC, sentencing, the Hon Dr Kay Patterson AO, The Hon Michael McHugh AC QC, Versloot Dredging BV v HDI Gerling Industrie Versicherung AG [2016] UKSC 45 | Leave a response

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Australian Law Journal update: Vol 91 Pt 6

Australian Law Journal update: Vol 91 Pt 3

Family Law Review update: Vol 7 Pt 1

Australian Law Journal update: Vol 91 Pt 2

Australian Law Journal update: Vol 91 Pt 1

Family Law Review update: Vol 6 Pt 3

Australian Law Journal update: Vol 90 Pt 12

Australian Law Journal update: Vol 90 Pt 11

Australian Law Journal update: Vol 90 Pt 10

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