The latest Part of the Australian Law Journal contains the following articles: “Proportionate Liability in Commercial Cases: Principles and Practice” – Graeme S Clarke QC; “Barbaro in Queensland: Exceptionalism Again?” – H G Fryberg QC; and “Can Schools be Liable to their Staff and Students for Sun-Related Injury?” – David Hertzberg. This Part also includes the following sections: Current Issues; Conveyancing and Property; Environmental Law, Family Law, Technology and the Law; and Recent Cases.
Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged Alexie Glass-Kantor, ALJ, ALRC report on class actions, Anna Collyer, artificial intelligence tools to assist with administration of law, Artspace, Brendan Edgeworth, civil proceedings in State and territory courts, Commissioner Hayne's report, complaint against Magistrate Dominique Burns, Conveyancing and property, Current issues, David Hertzberg, Edwin Montoya Zorrilla, environmental law, family law, Graeme S Clarke QC, H G Fryberg QC, High Court in Barbaro v The Queen, Justice François Kunc, Justice Rachel Pepper, liability of schools for sun-related injuries, Lyria Bennet Moses, McFarland v Gertos, National Integrity Commission, Police Act 1892 (WA) s 137(5), proportionate liability in commercial cases, racial vilification, Recent cases, Richard Ingleby, Robert Angyal SC, Ruth C A Higgins SC, significant environmental decisions of the Federal Court, Technology and the Law, The Curated Page, Torrens system, ttorney-General v Trustees of National Art Gallery (NSW) (1944) 62 WN (NSW) 212, working reasonable additional hours |
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 |
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) |
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 |
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 |
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 |
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 |
The latest Part of the Family Law Review includes the following material: “Comment on the 2015 report of the Parliamentary Inquiry into the Child Support Program” – Maria Vnuk, Bruce Smyth and Tempe Archer; “Reconceptualising the treatment of “notional” assets in property settlement proceedings” – Richard Ingleby; Professional Insights: “The Notice of Risk: Why it is important and how to complete it” – Joe Harman; Children and Parenting: “Who is a parent and why does it matter?” – Felicity Bell; Child Support: “Informality in child support litigation” – Simon Bacon; Family Dispute Resolution: “Facilitative mediation in the family law arena: A good idea or an unreachable goal?” – Tamsyn Hinksman and Anne-Marie Rice; and Recent Cases: Donald v Forsyth; Elgin v Elgin; Jackson v Macek; and Janssen v Janssen.
Posted in Family Law Review (Fam L Rev), Journals, Update Summaries | Tagged 2015 Report of the Parliamentary Inquiry into the Child Support Program, Anne-Marie Rice, Babett v Falconer [2015] FamCAFC 124, Bruce Smyth, Burton v Churchin [2013] FLC 93-561; [2013] FamCAFC 180, child abuse, child support, Child Support (Assessment) Act 1989 (Cth), Children and Parenting, Dean Foley, definition of non-parent, definition of parent, Donald v Forsyth, Elgin v Elgin, facilitative mediation, Fam L Rev, Family Dispute Resolution, family violence, Federal Circuit Court of Australia, Felicity Bell, Hon Kevin Andrews MP, Jackson v Macek, Janssen v Janssen, Joe Harman, Judge Geoffrey Monahan, Maria Vnuk, marriage as partnership, Michelle Fernando, Minister for Social Services, Notice of Risk, notional assets, Olivia Rundle, parenting orders, Professional Insights, property adjustment, property settlement, Recent cases, Richard Ingleby, s 60CC of the Family Law Act 1975 (Cth), Simon Bacon, Stanford v Stanford (2012) 247 CLR 108; [2012] HCA 52, Tamsyn Hinksman, Tempe Archer |
The latest Part of the Family Law Review includes the following articles: “Inconsistencies in and the inadequacies of the family counselling and FDR confidentiality and admissibility provisions: The need for reform” – Donna Cooper; and “Let me be me: Parental responsibility, Gillick competence, and transgender minors’ access to hormone treatments” – Katherine France; the following Professional Insights note: “When can a party to contested proceedings have leave to adduce evidence from an adversarial expert when a single expert has already been appointed?” – Richard Ingleby and Anne-Marie Rice; and notes on the following cases: Vadisanis v Vadisanis; Zanda v Zanda; and Cape v Cape.
Posted in Family Law Review (Fam L Rev), Update Summaries | Tagged admissibility, adversarial expert, Anne-Marie Rice, Cape v Cape, confidentiality, contested proceedings, Dean Foley, Donna Cooper, Fam L Rev, family counselling, FDR, Gillick competence, hormone treatments, Judge Geoffrey Monahan, Katherine France, Michelle Fernando, Olivia Rundle, parental responsibility, Professional Insights, Recent cases, Richard Ingleby, transgender minors, Vadisanis v Vadisanis, Zanda v Zanda |
The latest Part of the Family Law Review includes the following material: “Can Part VII of the Family Law Act do what is asked of it?” – Helen Rhoades, John Dewar and Nareeda Lewers; “A national approach to manage vexatious litigation: New powers under the Family Law Act” – Robert Benjamin; and “Do members of a class of beneficiaries of a discretionary trust have a “right” to documents which can be enforced in the Family Court?” – Richard Ingleby. There is also an International Family Law section and a Recent Cases section with notes on the following cases: SCVG v KLD (Shared parental responsibility – Equal or substantial and significant time); Gludau v Gludau; Gludau v Gludau (No 2) (Property – Wrong assessment of contributions – Restitution); Langer v Griffin (Property – Contravention order – Prison sentence).
Posted in Family Law Review (Fam L Rev), Update Summaries | Tagged children's care, Fam L Rev, Family Court, Family Law Act 1975 (Cth), Gludau v Gludau, Helen Rhoades, International Family Law, John Dewar, Judge Alexandra Harland, Judge Geoffrey Monahan, Langer v Griffin, Michelle Fernando, Nareeda Lewers, Olivia Rundle, Recent cases, Richard Ingleby, Robert Benjamin, SCVG v KLD, separating parents, vexatious litigation |
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