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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 4

By Journal Alerts on July 11, 2018

The latest Part of the Australian Law Journal contains the following articles: “What’s Equity got to do with the Environment?” – Justice Brian J Preston; “Regulating Humanitarian Assistance by Australian Charities: Legal Tools to Deter Funding of Terrorism Abroad” – Gregory Rose; and “The Liability Blind Spot: Civil Liability’s Blurred Vision of Conditionally Automated Vehicles” – Ella Pyman. This Part also includes the following sections: Current Issues; Conveyancing and Property; The Legal Observer; Family Law; From the Law Schools; Admiralty and Maritime; Recent Cases; Book Reviews; and Obituary.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged Admiralty and Maritime, ALJ, Angelina Gomez, Book reviews, Brendan Edgeworth, conditionally automated vehicles, Conveyancing and property, Current issues, Daphne Perry, Dr Damien J Cremean, driverless cars, elder abuse, Ella Pyman, equity and developing the environment, family law, From the law schools, Gregory Rose, Heather Roberts, intergenerational equity, interspecies equity, intragenerational equity, James Stellios (ed), Joseph Kimble, Justice Brian J Preston, Justice François Kunc, managing charitable funds disbursed overseas, Mark Adler, Michael Pelly, Nauru Supreme Court appeals, NFP and charities and terrorism funding, Professor Bob Baxt AO, Professor Michael Coper, Recent cases, regulation of humanitarian assistance, Richard Ingleby, Robert Angyal SC, Ruth C A Higgins SC, The Legal Observer, Vale Professor Bob Baxt, Wilfrid Prest (ed) | 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

Family Law Review update: Vol 7 Pt 3

By Journal Alerts on May 25, 2018

The latest Part of the Family Law Review includes the following material: “If You Want a Picture of the Future, Imagine Mandated Pre-action Procedures, Registrar Case Management and Information Sharing” – Judge Joe Harman; “Accommodating Family Law and Culture in a Diverse Society: The Injunction Power and the Jewish Experience” – Graham Segal OAM; “Certain Unions Are Not Marriages: Predicting Outcomes on Separation for Same-sex Couples Married Overseas” – Louise Cooney and Eliza Tiernan; “Family Law Property Settlements: An Exploratory Quantitative analysis” – Christopher Turnbull; Property and Financial Arrangements: “Post-separation Inheritances: Calvin v McTier [2017] FamCA 125” – Anna Parker and Amanda Pearson; The Child Support: “The Child Support Registrar Appearing Amicus Curiae” – Simon Bacon; and Recent Cases: Kent v Kent, Waterman v Waterman, Arthur v Secretary, Department of Family and Community Services, and Tuckson v Elsey.

Posted in Family Law Review (Fam L Rev), Journals, Update Summaries | Tagged adjustments under s 75(2) of the Family Law Act 1975 (Cth), Amanda Pearson, amendments to Australian Marriage Act 1961 (Cth), Anna Parker, Arthur v Secretary, Australia s 114 of the Family Law Act, Beth Din, Calvin v McTier [2017] FamCA 125, Christopher Turnbull, definition of marriage in Australia, Department of Family and Community Services, divorce in Jewish law, Eliza Tiernan, Fam L Rev, Gett, Graham Segal OAM, Halacha, Halakah, Judge Geoffrey Monahan, Judge Joe Harman, Kent v Kent, Louise Cooney, Marriage Amendment (Definition and Religious Freedoms) Act 2017 (Cth), Olivia Rundle, post-separation inheritances, property settlement decisions, Recent cases, review of family law system, s 79 of the Family Law Act 1975 (Cth), Simon Bacon, The Child Support Registrar Appearing Amicus Curiae, Trevor McKenna, Tuckson v Elsey, Waterman v Watermna | 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 10

By Journal Alerts on November 17, 2017

The latest Part of the Australian Law Journal includes the following articles: “Conscience, Fair-Dealing and Commerce: Parliaments and the Courts” – Chief Justice James Allsop AO; and “The Decline and Fall of Australia’s Law Reform Institutions – And the Prospects of Revival” – Hon Michael Kirby AC CMG. Also in this Part are the following sections: Current Issues; Conveyancing and Property; Around the Nation: Victoria; Competition and Consumer Law; Recent Cases; and Book Reviews.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged ALJ, Anderson v Anderson [2017] NSWCA 131, Angelina Gomez, Around the Nation: Victoria, Australian Marriage Law Postal Survey, Ben Kremer, Book reviews, Brendan Edgeworth, charitable status of professional regulation, Chief Justice James Allsop AO, competition and consumer law, Conveyancing and property, Current issues, Dr J M Bennett AM, estoppel, fair-dealing in commerce, Foreign Currency – Claims Judgment and Damages, Gabrielle Appleby, George Palmer QC, Gregory Tolhurst, Hon Michael Kirby AC CMG, J A Watson, John Basten, John Carter, John Kimbell, John Knott, joint tenancies, Justice Clyde Croft, Justice François Kunc, Keith Mason, law reform commissions, Mason & Carter’s Restitution Law in Australia, Michael Howard, Miller Heiman Pty Ltd v Sales Principles Pty Ltd [2017] NSWCA 106, modern slavery, moral obloquy and unconscionability, Music and the Law, native title, Northern Territory v Griffiths [2107] FCAFC 106, NSW Bar Association strategic plan, Nuncio D’Angelo, Paraskevy Kontoleon, Peter MacFarlane, Peter W Young AO QC, Priestley v Priestley [2017] NSWCA 155, Recent cases, Robert Angyal SC, Robert Baxt AO, Rosalind Dixon, Ruth C A Higgins, same-sex marriage law reform, Sir Frederick Darley: Sixth Chief Justice of New South Wales 1886-1910, statutory age for judicial retirement, The Critical Judgments Project – Re-reading Monis v The Queen, The Duty to Account – Development and Principles | Leave a response

Australian Law Journal update: Vol 91 Pt 9

By Journal Alerts on September 20, 2017

The latest Part of the Australian Law Journal contains the following articles: “Subrogation to the Trustee’s Personal Right of Indemnity” – Ahmed Terzic; “Family Provision Applications: A Critique” – Anthony Gray; “Family Provision Law in New South Wales: Celebrating its Centenary” – Tihana Mandic. This Part also includes the following sections: Current Issues; Conveyancing and Property; Around the Nation: Northern Territory; Crime and Evidence; Family Law; The Legal Observer (“Playing Politics with the Politicians”); Corporations and Securities; Recent Cases; and Book Reviews.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged Ahmed Terzic, Alan Robertson, ALJ, Angelina Gomez, Anthony Gray, Around the Nation: Northern Territory, ASIC v Flugge [No 2] [2017] VSC 117, Baxter Roberts, Book reviews, Brendan Edgeworth, caveats, Conveyancing and property, Corporations and Securities, Crime and Evidence, Current issues, Eli Ball, Enrichment at the Claimant’s Expense: Attribution Rules in Unjust Enrichment, family law, family provision applications, family provision law, gifts in contemplation of death, Greg Weeks, Hon Dean Mildren AM RFD QC, Hugh Selby, Interpretation of International Investment Treaties, J C Campbell QC FAAL, Jacobs’ Law of Trusts in Australia, John Dyson Heydon, Judicial Review of Administrative Action and Government Liability, Julian R Murphy, Justice François Kunc, Justice Phillip Priest, Kanaga Dharmananda SC, Keith Mason AC QC, Local Court of the Northern Territory, Mark Aronson, Mark James Leeming, Matthew Groves, Michael Pelly, Northern Territory Civil and Administrative Tribunal, Paul Bennett, Prosecuting, Raymond Gibson, Recent cases, recording conversations, Richard Ingleby, Robert Angyal SC, Robert Baxt AO, Ruth C A Higgins, s 44 of the Constitution, short-term lettings in strata developments, Specialist Courts for Sentencing Aboriginal Offenders: Aboriginal Courts in Australia, subrogation to the trustee's personal right of indemnity, Tarcisio Gazzini, tendency evidence, Testator’s Family Maintenance and Guardianship of Infants Act 1916 (NSW), The Legal Observer, Tihana Mandic, unfair testamentary provisions | Leave a response

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