The latest Part of the Journal of Judicial Administration is a Special Issue, featuring a number of papers presented at Second International Conference on Non-Adversarial Justice (NAJ2017) hosted by the Australasian Institute of Judicial Administration. It includes the following articles: “Non-Adversarial Justice: An Evolving Paradigm” – Warren Brookbanks; “Constructions of Impartiality in Mediation” – Susan Douglas; “Therapeutic Jurisprudence and Due Process – Consistent in Principle and in Practice” – Nigel Stobbs; “Effective Participation of Vulnerable Accused Persons: Case Management, Court Adaptation and Rethinking Criminal Responsibility” – Felicity Gerry and Penny Cooper; and “Non-Adversarial Approaches to Domestic Violence: Putting Therapeutic Jurisprudence Theory into Practice” – Rachael Field and The Hon Eugene M Hyman.
The May Part of the Australian Law Journal marks the ALJ’s 90th anniversary since it first started in 1927, and is a Special Issue on Indigenous Australians and the law, with articles curated by Professor Megan Davis, UNSW’s first Pro Vice-Chancellor Indigenous: “Indigenous Constitutional Recognition: Paths to Failure and Possible Paths to Success” – Shireen Morris and Noel Pearson; “Testamentary Freedom and Customary Law: The Impact Of Succession Law on the Inheritance Needs of Aboriginal and Torres Strait Islanders in Australia” – Prue Vines; “Opportunity is There for the Taking: Legal and Cultural Principles to Re-start Discussion on Aboriginal Heritage Reform in WA” – Lauren Butterly, Ambelin Kwaymullina and Blaze Kwaymullina; “Two New Township Leases on Aboriginal Land in the Northern Territory” – Leon Terrill; “Ensuring Ethical Collaborations in Indigenous Arts and Records Management” – Terri Janke; “Thinking Outside the Constitution on Indigenous Constitutional Recognition: Entrenching the Racial Discrimination Act” – Dylan Lino; “Administrative Law” – Gemma McKinnon; “What Does National Equality Law Have to do with Closing the Gap?” – Laura Beacroft. This Part also includes the following sections: “Current Issues”; Prof Peter Butt’s final notes on “Conveyancing and Property”; and two new Sections: “The Legal Observer” by Michael Pelly; and “Statutory Interpretation” by the Hon Justice John Basten; as well as Book Reviews.
The upcoming May special issue of The Australian Law Journal features an interview with recently retired High Court Chief Justice, The Hon Robert Shenton French AC, twelfth Chief Justice of Australia. This is published in a new Section called “The Legal Observer” written by Mr Michael Pelly. Meanwhile, you can read the transcript of the interview here.
ALJ Special Issue on Indigenous Australians and Interview with former High Court Chief Justice Robert French
To mark the 90th anniversary of the ALJ in 2017, the upcoming May issue will be a Special Issue dedicated to the theme of Indigenous Australians, as well as new Sections, including on statutory interpretation, as well as a Legal Observer column by Mr Michael Pelly, who sits down for an interview with recently retired High Court Chief Justice, The Hon Robert Shenton French AC, twelfth Chief Justice of Australia.
This Special Issue of the Australasian Dispute Resolution Journal features a selection of papers from the National Mediation Conference 2016 on the theme of “Thought, Innovation and Creativity: The Next Decade”, and includes the following articles: “Solution-focused Family Dispute Resolution” – Fredrike P Bannink; “The Essential Nature of a Collaborative Practice Group for Successful Collaborative Lawyers” – Pauline Collins and Marilyn Scott; “Whose Role is it to Support the Child’s Right to Culture in Australia?” – Bethaina Dababneh; “Beyond Resolution – Conceptualising the Shift from Resolution to Defusion in FDR” – Andi Doerr; “Working with Trans or Gender Diverse, Intersex and/or Non-heterosexual Clients: Advice for Mediators” – Samantha Hardy, Olivia Rundle and Damien W Riggs; “Co-creating Mediation Models: Adapting Mediation Practices when Working across Cultures” – Judith Herrmann and Claire Holland; “Before Mediation: Designing Processes for the Next Decade – Matching Process with the Purpose” – Jill Howieson and Lisanne Iriks; “Voluntas: Volunteer Conflict Management for the Volunteering Sector” – Stephen Lancken and Jay Qin; and “Cutting Edge … Cutting the Cost: The Business Case for Conflict Coaching in a Government Workplace” – Noelene Salmon. It also contains an Editorial: “National Mediation Conference Overview” – Mieke Brandon and Callum Campbell.
A special event was recently held to mark the retirement of the Honourable Richard Edmonds. Members of the legal and academic profession attended a reception at the Allens office in Sydney on Monday 2 May to pay tribute to Justice Edmonds, who retired from the Federal Court of Australia in February 2016. The latest issue ...more
The latest Part of the Australian Tax Review is a special issue by Guest Editor Prof Ann O’Connell, dedicated to the Honourable Richard Edmonds, with a Foreword by Chief Justice Robert French AC, Preface by Justice Tony Pagone, and tributes by Chief Justice James Allsop AO and Chief Justice Tom Bathurst AC. This Part includes the following articles by eminent contributors: “Justice Richard Edmonds: Part IVA – ‘I am firmly of the view …’” – Justice Michelle Gordon; “The Indooroopilly saga” – David Bloom QC; “Justice Edmonds’ contributions to extra-judicial writing and tax reform” – Chloe Burnett; “Charities, tax and wrongdoing: A principled approach” – Ann O’Connell and Fiona Martin; “A shining light: Justice Richard Edmonds and the jurisprudence relating to the taxation of capital gains in Australia” – Chris Evans and Gordon Cooper AM; “Justice Edmonds and interpretation of Australia’s GST legislation” – Richard Krever and Jonathan Teoh; “From Switzerland to New Zealand: Around the world in 13 cases” – Dale Pinto and Kerrie Sadiq. Finally, a comprehensive table of judgments sets out his Honour’s legacy over the course of his Honour’s appointment in 2005 to his retirement in February 2016.
The latest Part of the Journal of Law and Medicine features a special issue on the topic of commercial surrogacy, prefaced with an “Introductory note” by Chief Judge John H Pascoe and followed by five articles which examine some areas of development, regulation and debate: “The regulation of commercial surrogacy: The wrong answers to the wrong questions” – Anita Stuhmcke; “Responsive regulation of cross-border assisted reproduction” – Jenni Millbank; “Commercial surrogacy and the human right to autonomy” – Ronli Sifris; “Genes and gestation in Australian regulation of egg donation, surrogacy and mitochondrial donation” – Karinne Ludlow; “The Family Courts and parentage of children conceived through overseas commercial surrogacy arrangements: A child-centred approach” – Adiva Sifris.
This Part also includes the following sections: Guest Editorial: “Commercial surrogacy: What role for law in Australia?” – Ronli Sifris, Karinne Ludlow and Adiva Sifris; Legal Issues: “Defining seclusion and restraint: Legal and policy definitions versus consumer and carer perspectives” – Cath Roper, Bernadette McSherry and Lisa Brophy; Medical Issues: “The dangers of dementia: Getting the balance right” – Ross Bicknell, Joseph Ibrahim, Lyndal Bugeja and David Ranson; Bioethical Issues: “Lecretia Seales and aid in dying in New Zealand” – Grant Gillett; Nursing Issues: “The role of observation and feedback in enhancing performance with medication administration” – Karen Davies, Charles Mitchell and Ian Coombes; Medical Law Reporter: “Myriad voices against gene patents in the High Court” – Lucas McCallum and Thomas Faunce; and Letter to the Editor. Also in this Part are the following articles: “Medical and scientific authorship: A conflict between discipline rules and the law” – Elizabeth Adeney; “Foetal Alcohol Spectrum Disorders: A consideration of sentencing and unreliable confessions” – Heather Douglas; “Cutting the cord: Can society over-invest in extremely premature and critically impaired neonates?” – Neera Bhatia; “Nazi medical experiments on Australian prisoners of war: Commentary on the testimony of an Australian soldier” – George M Weisz; “A problem of modernity: Dual burial plots, the right to inter, and the interrelationship between the two” – Lynden Griggs; and “Our Father who art in prison: Conviction and rehabilitation for Australian Catholic clergy who are child sexual offenders” – Mike O’Connor. There is also a Book Review of “Critically Impaired Infants and End of Life Decision Making” – by Neera Bhatia.
The latest part of the Property Law Review (Volume 3 Part 3) is a Special Issue that explores many different ways of thinking about law and property, and is available for purchase as a standalone part in print or PDF. In this 144pp bumper issue, Guest Editors Professor Sarah Blandy (School of Law, University of Sheffield) and Professor ...more
The unrepresented (or self-represented) litigant is an increasingly common sight in Australian courts and tribunals. While some people choose to represent themselves in legal proceedings, others are compelled to do so by cost, chance, or some other reason. Whatever their motivation, unrepresented litigants present a unique set of challenges to the administration of justice, and ...more