The Hon John Basten

Australian Law Journal update: Vol 94 Pt 11

By Journal Alerts on November 13, 2020

The latest Part of the Australian Law Journal contains the following articles: “Engineers: One Hundred Years Old And Still Going Strong: A Commentary” – The Hon Sir Anthony Mason AC KBE GBM QC; “The Continued Legacy Of The Engineers Case: A Dynamic Approach To Federal Power” – Rosalind Dixon and Brendan Lim; “”Wait[ing] For The Heavens To Fall”: The Engineers Case And Intergovernmental Immunity” – Sarah Murray; “Money Had And Received – And Retained? The Role Of Retention At Notice For Personal Common Law Liability” – Eleanor Makeig; and “Justifying Trade Restrictions Under s 92 Of The Australian Constitution: A Comparative Law-Based Proposal For A Coherent Doctrine” – Csongor István Nagy. This Part also includes the following sections: Current Issues; Around the Nation: Northern Territory; Family Law; Class Actions; Statutory Interpretation; and Technology and the Law.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged "Wait[ing] For The Heavens To Fall": The Engineers Case And Intergovernmental Immunity, Accountability in the Age of Artificial Intelligence: A Right to Reasons, ALJ, Appointment of Sonia Brownhill SC as a Judge of the Supreme Court, Around the Nation: Northern Territory, articles, Australian constitutional law, Black v Freedman, Brendan Lim, class actions, common law claim and equitable personal liability, Commonwealth powers, comparative analysis of federal markets, Constitution and British principles, Csongor István Nagy, Current issues, Does a Family Court Judge Have Power to Refer Financial Proceedings to Mediation?, Eleanor Makeig, electronic filing, Engineers: One Hundred Years Old And Still Going Strong: A Commentary, family law, Hon Dean Mildren AM RFD QC, Impact of COVID-19 on Academia, Justice François Kunc, Justice Michael B J Lee, Justifying Trade Restrictions Under s 92 Of The Australian Constitution: A Comparative Law-Based Proposal For A Coherent Doctrine, Lyria Bennett Moses and Anna Collyer, Money Had And Received – And Retained? The Role Of Retention At Notice For Personal Common Law Liability, New Assistant Editor, Online Publications, Pedantic Points, Professor Nicholas Aroney, public interest analysis under s 92, Restoration of Jury Trials, Richard Ingleby, Rosalind Dixon, Sarah Murray, State intergovernmental immunities, Statutory interpretation, Statutory Interpretation and Dictionaries, Technology and the Law, The Continued Legacy Of The Engineers Case: A Dynamic Approach To Federal Power, The Curated Page, The Hon John Basten, The Hon Sir Anthony Mason AC KBE GBM QC, The View from the Academy, volunteer's primary liability under the common law claim for money had and received, When Does a Person Have a "Claim" under s 33c of the Federal Court of Australia Act? | Leave a response

Australian Law Journal update: Vol 93 Pt 12

By Journal Alerts on December 29, 2019

The latest Part of the Australian Law Journal contains the following articles: “Penalty Privilege in Non-curial Proceedings: The Decision in Frugtniet ” – Simon Frauenfelder; and “Collective Best Interests in Strata Collective Sales” – Edward S W Ti. This Part also includes the following sections: Current Issues; Letter to the Editor; Constitutional Law; Statutory Interpretation; New Zealand; Around the Nation: Northern Territory; Personalia; Recent Cases; and Book Review.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged A New Link across the Tasman, Administrative Appeals Tribunal, ALJ, An End-of-Year Innovation, Anne Twomey, Around the Nation: Northern Territory, articles, book review, Brexit, Chief Justice of New Zealand, Collective Best Interests In Strata Collective Sales, Commonwealth, Compulsory Retirement Age for Judges Increased to 72, constitutional law, Constitutional Law (Cth), Current issues, defamation, Dicey on Brexit and the Conservative Nature of Referendums, Edward S W Ti, Emily Vale, Hon Dean Mildren AM RFD QC, Implied Freedom of Communication on Governmental and Political Matters, Indonesian Law, Justice François Kunc, Justice Jennifer Hill, Justice John Snaden, Justice Matthew Palmer, Justice Stewart Anderson, Justice Wendy Abraham, letter to the editor, Liability of Media Company Owner of Public Facebook Page for Comments by Third Party Users, Migration Agents Registration Authority v Frugtniet, New South Wales’ strata regime, New Zealand, penalty privilege, Penalty Privilege In Non-Curial Proceedings: The Decision In Frugtniet, Personalia, Publication, Recent Bill of Rights Cases in New Zealand: From Toupee to Tooth Decay, Recent cases, Referendums, Ruth C A Higgins SC, Simon Butt, Simon Frauenfelder, ss 10(1) 13(11) and 15(1) of Public Service Act, Statute and the Common Law, Statutory interpretation, The Curated Page, The Hon John Basten, The Hon John Dowsett AM QC, The Right Honourable Dame Helen Winkelmann GNZ, three-factor test, Tim Lindsey, Western Australia | Leave a response

Australian Law Journal update: Vol 93 Pt 5

By Journal Alerts on May 13, 2019

The latest Part of the Australian Law Journal contains the following articles: “Courts as (Living) Institutions and Workplaces” – Chief Justice James Allsop; “Law Reform – Future Directions” – The Hon Justice S C Derrington; “Law Schools and The Burden Of Bureaucracy: Release The Yoke (A Plea From The Coalface). Part 1: Over-Regulation in Australia” – Olivia Rundle and Lynden Griggs; and “The Animal as a Chattel? Conferring Equitable Rights on Nonhuman Animals” – Scott Wotherspoon. This Part also includes the following sections: Current Issues; Conveyancing and Property; Environmental Law; Corporations and Securities; Statutory Interpretation; Around the Nation: Australian Capital Territory; Around the Nation: Northern Territory; and Book Review.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged ALJ, Angelina Gomez, animals as chattel, Around the nation: Australian Capital Territory, Around the Nation: Northern Territory, Arthur Moses SC, Auburn Shopping Village Pty Ltd v Nelmeer Hoteliers Pty Ltd, book review, Brendan Edgeworth, bureaucracy in law school, Chief Justice James Allsop, conferring equitable rights on nonhuman animals, Conveyancing and property, corporate law lessons from the Banking Royal Commission, Corporations and Securities, courts as living institutions and workplaces, Current issues, environmental law, future directions of law reform, Hagerty v Hills Central Pty Ltd, Hon Dean Mildren AM RFD QC, Jason Harris, Justice David Mossop, Justice François Kunc, Justice Rachel Pepper, lawyers in the Northern Territory, legislative intention, Lynden Griggs, new ACT Supreme Court building, Olivia Rundle, options to purchase property and renew leases, over-regulation in Australia, Papantoniou v Stonewall Hotel Pty Ltd, Rhett Martin, Robert Angyal SC, Scott Wotherspoon, Statutory interpretation, The Curated Page, The Hon John Basten, The Hon Justice S C Derrington, Uluru Statement, Understanding Sustainability Law | Leave a response

Australian Law Journal update: Vol 92 Pt 9

By Journal Alerts on October 19, 2018

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 | 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 11

By Journal Alerts on November 30, 2017

The latest Part of the Australian Law Journal includes the following articles from the joint ALJ and AAL national Conference on “The Future of Australian Legal Education”: “Why Lawyers Need a Broad Social Education” – Prof Martha C Nussbaum; and “Regulating Admissions: Are We There Yet?” – Emeritus Prof Sandford D Clark. Also in this Part are the following sections: Current Issues; Conveyancing and Property; Statutory Interpretation; Recent Cases; and Book Reviews.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged A History of Australian Legal Education, AAL Conference, ACCC v Cement Australia Pty Ltd [2017] FCAFC 159, acting judges, Alcohol (Minimum Pricing) (Scotland) Act 2012, ALJ, Angelina Gomez, book review, Brendan Edgeworth, broad social education for lawyers, Brown v Tasmania [2017] HCA 43, Commonwealth appointments, Constitutionally Protected Jurisdiction of the Supreme Court, Conveyancing and property, Criminal Justice Report of the Royal Commission, David Barker, Equitable Compensation and Disgorgement of Profit, Family Law System review, Implied Freedom of Political Communication in Workplaces, Insolvent Trading and Fraudulent Trading in Australia – Regulation and Context, institutional responses to child sexual abuse, Jason N E Varuhas, John Gooley, joint and several penalties, Justice François Kunc, Kaldas v Barbour [2017] NSWCA 275, Martha C Nussbaum, Mitchell Gooley, Murphy papers, NSW Law Reform Commission, Principles on the Imposition of Pecuniary Penalties under Competition and Consumer Act 2010 (Cth), purchase of real property by foreign residents, purchasers' withholding and remittance, regulating admissions to law schools, Robert Angyal SC, Ruth C A Higgins SC, Sandford D Clark, Scotch Whisky Association v The Lord Advocate [2017] UKSC 76, Simone Degeling, Solicitors’ Statistics 2016, Statutory interpretation, Tax and Superannuation Laws Amendment (2015 Measures No 6) Act 2016 (Cth), The Future of Australian Legal Education Conference, The Hon John Basten, UK Judicial Review Proportionality and Validity, Validity of Ombudsman Act 1974 (NSW) and Police Act 1990 (NSW), Workplaces (Protection from Protesters) Act 2014 (Tas) | Leave a response

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The Hon John Basten

Australian Law Journal update: Vol 94 Pt 11

Australian Law Journal update: Vol 93 Pt 12

Australian Law Journal update: Vol 93 Pt 5

Australian Law Journal update: Vol 92 Pt 9

Australian Law Journal update: Vol 92 Pt 2

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