Roderick Joyce QSO QC
This issue of the Journal of Civil Litigation and Practice is a Special Issue focused on “Class Actions”. Against the backdrop of the ALRC and VLRC inquiries into class actions and litigation funding currently underway, this very timely issue covers the following articles: “Class Actions: Historical Highlights” – John Basten; “Class Action Commencement in Australia: A Practical Approach” – Nick Beaumont SC; “The Use and Abuse of Security for Costs in Class Actions” – Peter Cashman; “Competing Class Actions: A Suggested Solution through Certification” – Michael Legg; and “Cost Effectiveness and Case Management in Class Action Settlements” – Samuel J Hickey and Michael Legg.
Thomson Reuters is extremely pleased to announce that Professor Michael Legg has joined the Journal of Civil Litigation and Practice as its new Co-General Editor, working alongside the current General Editor Roderick Joyce QSO QC. A Professor of Law at UNSW Sydney, Michael is the Director of the IMF Bentham Class Actions Research Initiative at UNSW Law, and Director of the Law Society of NSW Future of Law and Innovation in the Profession (FLIP) research stream in the Allens Hub for Technology, Law and Innovation at UNSW Law, having played a key role as the academic committee member on the ground-breaking FLIP Report launched by the Law Society of New South Wales in March 2017. The Journals Team warmly welcomes Professor Legg to the Journal looks forward to his insights and ideas in helping readers to navigate the current and future landscape of civil litigation and procedure in Australia and beyond.
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “Comparison of the Law Concerning Implied Terms of Good Faith in Australia and in England” – Lara Jane Piercy; “Exceptions to the ‘Inglis Price’: In Practice” – Katja Levy and Richard Douglas; and “Caution: Tweet at Your Own Risk – Social Media and the Australian Legal Profession” – Marilyn Bromberg and Andrew Ekert. Also in this Part is the editorial Comment and the following section: Case notes: “Abuse of Process Following Discontinued Proceedings: Tyne (Trustee) v UBS AG (No 2) (2017) 250 FCR 341; 341 ALR 415;  FCAFC 5” – Louise Beange; “Virk Pty Ltd (In Liq) v YUM! Restaurants Australia Pty Ltd: Good Faith, Reasonableness and Unconscionability in Franchise Agreements” – Nick Christiansen and Jia Lee; and “Worldwide Interlocutory Orders Against Foreign Defendants Who Elect Not to Appear: X v Twitter Inc  NSWSC 1300” – Annabel Clemens.
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “Litigation in the South Australian Fast Track Streams” – Jordan Tutton; “Bikies, Brothels and Big Insurers: The Stealth Litigation and its Ramifications” – Nicholas Saady and Nicholas Olson; and “Meaningful Access to Justice for Everyday Legal Problems: New Research on Consumer Problems Among Canadians” – Lesley Jacobs and Matt McManus. Also in this Part is the editorial Comment and the following sections: Court watch: “Abuse of Process” – Bernard Cairns; and Case notes: “Internet Exceptionalism in Canada – Equustek and Globe24h.com” – Judge David Harvey. There is also a book review on “Advocacy and Judging: Selected Papers of Murray Gleeson” by Roderick Joyce QSO QC.
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “From Susskind to Briggs: Online court approaches” – David Harvey; “Validity of asymmetric jurisdiction agreements in England, Australia and New Zealand” – David Birch; and “Mediator standards of conduct: A commentary to the revised National Mediator Accreditation System Practice Standards” – Bobette Wolski. Also in this Part are the editorial Comments and the following sections: Case notes: Aircraft Support Industries Pty Ltd v William Hare UAE LLC (2015) 298 FLR 183;  NSWCA 229 – by James Argent; and Firebird Global Master Fund II Ltd v Republic of Nauru (2015) 90 ALJR 228;  HCA 43 – by Domenic Cucinotta and James Argent.
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “Class actions in New Zealand: The necessity for introducing a class action regime” – Chris Patterson; “Security for costs for corporate plaintiffs: Is constrained judicial discretion impeding access to justice?” – Rebecca Wheeler; and “Exploring eCourt innovations in New South Wales civil courts” – Philippa Ryan and Maxine Evers. Also in this Part are the editorial Comments and the following sections: Court watch: “The overarching objective in practice” – Dr Bernard Cairns; and Case note: Kings College Hospital NHS Foundation Trust v C  EWCOP 80; Seales v Attorney General  NZHC 1239 – by William Fotherby.
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “A trial of preliminary issues” – Katja Levy; and “From NW Frozen Foods to CFMEU via Ingleby and Barbaro: Changing judicial attitudes to ‘agreed’ civil penalties” – Grant Mason. Also in this Part are the following case notes: Blairgowrie Trading Ltd v Allco Finance Group Ltd (Receivers & Managers Appointed) (in liq)  FCA 811 – by James Argent; Pavlovic v Universal Music Australia Pty Ltd  NSWCA 313 – by Domenico Cucinotta; and a presentation delivered at the Commercial Law Association Judges’ Series on 26 June 2015, Sydney: “Construction of contracts: The High Court’s approach” – by The Hon Justice Robert McDougall.
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “The litigation contract: The future roles of judges, counsel and lawyers in litigation” – Hon Marilyn Warren AC; “The application of statutory time limitation provisions by analogy to claims in equity’s exclusive jurisdiction” – Adrian O’Dea and Philippa O’Dea; and “A functional approach to teaching pleadings” – Margaret Castles. Also in this Part is a case note by Michael Legg, Greta Gingell and John Emmerig for the following case: Hodges v Waters (No 7)  FCA 264.