Robert Baxt AO

Australian Journal of Competition and Consumer Law update: Vol 26 Pt 2

By Journal Alerts on June 6, 2018

The latest Part of the Australian Journal of Competition and Consumer Law includes the following articles: “The Collapse of Dick Smith and the Problem of Gift Cards: Issues and Alternatives for Consumer Protection” – Mohammed Al Bhadily and Kyle Bowyer; and “The New Section 46 Misuse of Market Power Test and the European Intel Experience” – Elizabeth Hersey; and the following sections: Defective Goods; Case Note; Tribunal Tableaux; Obituary; Comments from Commerce; Consumer Concerns; Report from Africa; Report from New Zealand; Benchmarks; and Odds & Ends.

Posted in Australian Journal of Competition and Consumer Law (AJCCL), Journals, Update Summaries | Tagged ACCC v Cement Australia Pty Ltd, AJCCL, Australian Competition Tribunal in 2017, Banking Royal Commission, Benchmarks, Case Note, changes to s 46 of the Competition and Consumer Act 2010 (Cth), Christopher Hodgekiss SC, collapse of Dick Smith, Comments from Commerce, Consumer concerns, Consumer Guarantees and the Doctrine of the Half-Truth, Consumer Protection, Court of Justice of the European Union (CJEU), Debra Wilson, Defective Goods, Editorial, Elizabeth Hersey, gift cards in Australia, Hank Spier, Intel Corp Inc v European Commission (Intel), Kyle Bowyer, Lesley Morphet, misuse of market power test, Mohammed Al Bhadily, Obituary, Odds & Ends, Peter Strong, Rebecca McEwen, Report from Africa, Report from New Zealand, Robert Baxt AO, s 46 of the Competition and Consumer Act 2010 (Cth), Thomas Horatio John Cadd, Tim Luxton, Tribunal Tableaux, US medical devices causing health issues, Xavier O’Halloran | 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

Australian Law Journal update: Vol 91 Pt 8

By Journal Alerts on August 24, 2017

The latest Part of the Australian Law Journal contains the following articles: “Crime Commissions and Compulsory Examinations: Whither the Right to Silence?” – Hon T F Bathurst AC and Sarah Schwartz; “Ramifications of the Recognition of a Common Fund in Australian Class Actions: An Early Appraisal” – Michael Legg; “The Case Against a National Court of Appeal” – Shawn Rajanayagam. This Part also includes the following sections: Current Issues; Letter to the Editor; Conveyancing and Property; The Legal Observer; Personalia; Around the Nation: Tasmania; Corporations and Securities; From the Law Schools; Admiralty and Maritime; Recent Cases; Book Reviews; and Obituary.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged Accommodating Muslims Under Common Law, Admiralty and Maritime, ALJ, ALRC – Elder Abuse – A National Legal Response, Angelina Gomez, appellate hierarchy, Around the nation: Tasmania, Arthur R Emmett AO QC, Australian Securities and Investment Commission, Book reviews, Brendan Edgeworth, Carolyn Rogers, Clare Langford, class actions, common fund, Community Protection Offender Register, compulsory examinations, contempt of court by politicians, Conveyancing and property, Corporations and Securities, Crime Commissions, Current issues, Darren C Kane, Deborah Healey, Doping in Sport and Law, Dr Damien J Cremean, From the law schools, Gabrielle Appleby, Ghena Krayem, Hon T F Bathurst AC, John Riordan, judicial independence, Justice François Kunc, Justice Stephen Estcourt AO, letter to the editor, M J Beazley AO, Michael Legg, Michael Pelly, National Court of Appeal, Obituary, personal views in judicial decisions, Personalia, Peter Birks, power of sale, privilege against self-incrimination, Professor Michael Coper, Recent cases, right to silence, risk of sex offending, Robert Angyal SC, Robert Baxt AO, Role of the Solicitor-General, Ruth C A Higgins, Salim Farrar, Sarah Schwartz, Senior Registrar of the High Court, Shawn Rajanayagam, slot charters, statutory duty of care on mortgagees, surrogate ship arrest, The Hon Justice Stephen Gageler AC, The Legal Observer, The Roman Law of Obligations, Ulrich Haas, W Sofronoff | Leave a response

Australian Law Journal update: Vol 91 Pt 7

By Journal Alerts on August 2, 2017

The latest Part of the Australian Law Journal contains speeches presented at the ALJ’s 90th Anniversary celebrations in the Banco Court of the NSW Supreme Court; a welcome to the co-editors of the “Conveyancing and Property Section” upon the retirement of Emeritus Professor Peter Butt; and a look back at the beginnings of the Journal, as covered by the press and media outlets of the day, in a fascinating piece by the Hon Justice Reginald Barrett. This Part contains the following articles: “The in personam exception to Torrens indefeasibility” – Hon William Gummow AC; “Artificial Intelligence in the courts, legal academia and legal practice” – Lyria Bennett Moses; “Taking advantage of advances in technology to enhance the rule of law” – Robert Size. It also includes the following sections: Current Issues; Letters to the Editor; Conveyancing and Property; International Focus; Competition and Consumer Law; Recent Cases; Book Reviews and Obituary.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged 90th anniversary, ALJ, Andrew Lynch, Angelina Gomez, artificial intelligence, Aubrey v The Queen (2017) 91 ALJR 601; [2017] HCA 18, Australia’s Greatest Judicial Crisis: The Tim Carmody Affair, Australian Competition and Consumer Commission, Australian Law Journal 90th Anniversary Celebration in Banco Court NSW, banking, beneficial statutes, Book reviews, Brendan Edgeworth, Carl Olson, competition and consumer law, Conveyancing and property, criminal law, Current issues, data analytic tools, easements, electronic litigation platforms, expert systems, Gabrielle Appleby, Greater Shepparton City Council v Clarke [2017] VSCA 107, Hon William Gummow AC, human trafficking, in personam exception, International focus, Jacob Agam v BNP Paribas SA [2017] SGCA(I) 01, Judge C G Weeramantry AM, Justice François Kunc, legislative power over land, Letters to the Editor, Lyria Bennett Moses, media press coverage of the ALJ, National Action Plan to Combat Human Trafficking and Slavery 2015-2019, negligence, new Conveyancing and Property section editors, Obituary, online learning, online resources, Peter Butt, Professor Megan Davis, R Debus, Rebecca Ananian-Welsh, Recent cases, Robert Angyal SC, Robert Baxt AO, Robert Size, Ruth C A Higgins, Ryszard Piotrowicz, Senator the Hon George Brandis QC, Supreme Court of New South Wales Annual Conference 2016, technological advances, Torrens indefeasibility, trafficking in human beings (THB), Uluru Statement from the Heart, UN Security Council | Leave a response

Company and Securities Law Journal update: November 2016

By Journal Alerts on November 18, 2016

The latest Part of the Company and Securities Law Journal includes the following articles: “War on two fronts: Harmonising the public and private enforcement of Australia’s corporate disclosure laws” – Nicholas Bentley; “Managed investment schemes: Liability of directors of responsible entities where the responsible entity breaches the law” – Dr Rosemary Teele Langford. This issue also includes the following sections: Editorial; Company Law – Robert Baxt AO: “An analysis of shareholder resolutions involving Australian listed companies from 2004 to 2013” – Hui Xian Chia and Ian Ramsay; Corporate Insolvency – Helen Anderson: “ASIC, Phoenix activity and the view from the outside” – Helen Anderson, Ian Ramsay and Michelle Welsh; Corporate Governance, Corporate Responsibility and Law – Jean du Plessis: “Independent director requirements in Australia and the Asian region” – Luke Nottage and Fady Aoun.

Posted in Company and Securities Law Journal (C&SLJ), Journals, Update Summaries | Tagged Australian Securities and Investments Commission (ASIC), Australian Securities and Investments Commission v Cassimatis (No 8) [2016] FCA 1023, C&SLJ, Company law, corporate disclosure laws, Corporate governance corporate responsibility and the law, Corporate insolvency, Dr Rosemary Teele Langford, Editorial, Fady Aoun, Helen Anderson, Hui Xian Chia, Ian Ramsay, independent director requirements, Jean du Plessis, liability of directors, listed entities, Luke Nottage, managed investment schemes, Michelle Welsh, Nicholas Bentley, phoenix activity, Robert Baxt AO, shareholder class actions, shareholder resolutions | 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 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

Australian Law Journal update: Vol 90 Pt 9

By Journal Alerts on October 20, 2016

The latest Part of the Australian Law Journal contains “Current Issues” by General Editor, the Hon Justice François Kunc. It features the following articles: “Anti-Semitism, Hate Speech and Pt IIA of the Racial Discrimination Act” – Ronald Sackville AO QC; “Liquidator Remuneration, Creditor Dividends and the Public Interest: Recent NSW Supreme Court Decisions and the Continuing Need for Reform” – A Keith Thompson; “Should Lower Court Judges Bind Magistrates and Tribunals?” – Oliver Jones. This Part also includes the following sections: Conveyancing and Property; Corporations and Securities; Recent Cases, Book Reviews and Obituary.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged “running account” defence, A Keith Thompson, Alistair Harkness, ALJ, Angelina A Gomez, anti-Semitism, binding decisions, Book reviews, Bridget Harris, comity, company culture, concurrent leases, contract enforcement, contract for sale of land, Conveyancing and property, Corporations and Securities, creditor dividends, Crown Melbourne Ltd v Cosmopolitan Hotel (Vic) Pty Ltd (2016) 90 ALJR 770, Current issues, David Baker, deposits, Donald R Rothwell, estate agents, Hall v Poolman (2007) 215 FLR 243, hate speech laws, Holocaust, judicial accountability, Justice François Kunc, law firm funding models, liquidator remuneration, Locating Crime in Context and Place: Perspectives on Regional Rural and Remote Australia, Lord Chancellor, lower court judges, magistrates and tribunals, Obituary, Oliver Jones, peak indebtedness, penalties, Peter Butt, Pt IIA of the Racial Discrimination Act 1975 (Cth), public interest, purchaser’s interest, Recent cases, Robert Baxt AO, Ronald Sackville AO QC, Royal Commission into Child Protection and Youth Detention Systems in the Northern Territory, Ruth C A Higgins, s 18C of the Racial Discrimination Act 1975 (Cth), Skye Saunders, the Hon James Frederick Staples, The International Law of the Sea, Tim Stephens, Valentine v Eid (1992) 27 NSWLR 615, Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 387, Whispers from the Bush | Leave a response

Company and Securities Law Journal update: October 2016

By Journal Alerts on October 18, 2016

The latest Part of the Company and Securities Law Journal includes the following articles: “The who, why and what of enforceable undertakings accepted by the Australian Securities and Investments Commission” – Helen Bird, George Gilligan and Ian Ramsay; and “Safe harbour or shipwreck? A critical analysis of the proposed safe harbour for insolvent trading” – Carmen Boothman. This issue also includes the following sections: Company Law – Robert Baxt AO: “Babcock & Brown’s last hurrah: The latest on dividends and continuous disclosure” – Jonathan M Cheyne; “Has the introduction of civil penalties increased the speed and success rate of directors’ duties cases?” – Jasper Hedges and Ian Ramsay; and Directors’ Duties – Rosemary Teele Langford: “The Corporate Culture Chameleon: Reflections and reporting” – Rosemary Teele Langford.

Posted in Company and Securities Law Journal (C&SLJ), Journals, Update Summaries | Tagged Australian Securities and Investments Commission (ASIC), C&SLJ, Carmen Boothman, civil penalties, Company law, continuous disclosure, corporate culture, corporate culture debate, directors' duties, dividends, enforceable undertakings, financial planning and wealth management sector, George Gilligan, Grant-Taylor v Babcock & Brown Ltd (in liq) (2015) 322 ALR 723, Helen Bird, Ian Ramsay, insolvent trading, Jasper Hedges, Jonathan M Cheyne, poor corporate culture, premature external administration, Productivity Commission, Robert Baxt AO, Rosemary Teele Langford, safe harbour | Leave a response

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