The latest Part of the Australian Law Journal includes the following articles: “Restitution: Some Historical Remarks” – by Chief Justice Allsop (based on Forbes Society Lecture); and “A Legal and Historical Overview of the Land Borders of the Australian States” – Professor Gerard Carney. Also in this Part are the following sections: Current Issues (with Guest Contributions by the Hon Michael Kirby AC CMG and Professor Greg Reinhardt); Conveyancing and Property; Admiralty and Maritime; Personalia; Recent Cases (Alqudsi v The Queen, Nicholson Street Pty Ltd v Letten, Bailey v Angove’s Pty Ltd); and a Book Review.
Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged “National Model Gender Equitable Briefing Policy”, Accommodating Justice: Victim Impact Statements in the Sentencing Process, Adjunct Professor Nicholas Cowdery AM QC, Administrative Appeals Tribunal, Admiralty and Maritime, adverse possession, agency agreement, AIJA, ALJ, Alqudsi v The Queen (2016) 90 ALJR 711; [2016] HCA 24, Angelina A Gomez, assumpsit, Australian Academy of Law, Australian States, Bailey v Angove's Pty Ltd [2016] UKSC 47, Barnes v Addy, book review, breach of trust, Brexit, Chief Justice James Allsop AO, Clare Langford, Commonwealth indictable offences, constitutional law, Conveyancing and property, criminal trespass, Current issues, dishonest and fraudulent trustees, Dr Damien J Cremean, Dr Marilyn Bromberg-Krawitz, easements, Hon Michael Kirby AC CMG, Judicial Conference of Australia, Justice Andrew John Keogh, Justice Anthony Payne, Justice François Kunc, Justice Martin Hinton, Justice Natalie Adams, land borders, Nicholson Street Pty Ltd v Letten [2016] VSCA 157, Personalia, Peter Butt, Professor George Williams AO, Professor Gerard Carney, Professor Greg Reinhardt, quasi-contract, Recent cases, restitution, Ruth C A Higgins, Senator the Hon George Brandis QC, social media, Symposium: Challenges of Social Media for Courts & Tribunals, Tracey Booth, trial by jury, trusts, UK Supreme Court, unjust enrichment |
The latest Part of the Australian Business Law Review includes an Editorial by Professor Bob Baxt AO regarding suggested priorities for the re-elected federal government. It also contains the following articles: “Remote signings under Australian law” – Bruce Whittaker; “Re-evaluating the elements of the insider trading offence: Should there be a requirement for the ‘possession’ of inside information?”– Juliette Overland and “Protecting consumers from unfair contract terms: Australian comparisons” – Paul Latimer. Also in this Part are the following sections: Contracts and Restitution: “Trusts, debt and powers of advancement: Fischer v Nemeske Pty Ltd” – James McComish; and New Zealand Newsletter: “The nature of reasonable credit fees” – Barry Allan.
Posted in Australian Business Law Review (ABLR), Journals, Update Summaries | Tagged ABLR, Australian comparative perspective, Australian Consumer Law, Barry Allen, Bruce Whittaker, consumer contract laws in Europe, consumer movement, Consumer Protection, Consumer Rights Act 2015 (UK), Contracts and Restitution, cultural difficulties, documents by email, Editorial, element of awareness, financial products, Fischer v Nemeske Pty Ltd, insider trading, intended legal effect, James McComish, Michael Borsky, New Zealand Newsletter, non-public, Paul Latimer, physical custody or control, possession of information, possession of inside information, possession under the criminal law, price-sensitive, Professor Bob Baxt AO, reasonable credit fees, remote signings, remotely-executed documents, Rex Ahdar, trusts, unfair contract laws, unfair contract terms, Unfair Terms in Consumer Contracts Directive |
The latest Part of the Australian Law Journal includes the following articles: “What are accumulations and why they remain important” – David K L Raphael; “Possession of land: Missteps in the control analysis – Part 2” – Chris Boge; and “Restitution sans rescission: Exposing the myth of a fallacy” – Daniel Morris. Also in this Part are the following sections: Current Issues; Conveyancing and Property; Personalia; and Recent Cases.
Posted in Australian Law Journal, The (ALJ), Update Summaries | Tagged accumulations of income, Acting Justice Peter W Young AO, ALJ, Chris Boge, Clare Langford, control analysis, Conveyancing and property, Current issues, Daniel Morris, David K L Raphael, estoppel, Personalia, Peter Butt, possession of land, Recent cases, rescission fallacy, restitution, trusts |
The latest Part of AT Rev includes the following articles: “The Hatter’s watch: Tax benefit in Part IVA” – Mark Brabazon SC; “The “economic benefits model” for trusts – fool’s gold?” – Alex Evans; and “The Commissioner’s power to issue creditor’s statutory demands: Implications for corporate rescue post insolvency” – Sylvia Villios. There is also an editorial and a review of the book “Sham Transactions” edited by Edwin Simpson and Miranda Stewart.
Posted in Australian Tax Review (AT Rev), Update Summaries | Tagged Alex Evans, anti-avoidance rule, AT Rev, Corporate insolvency, corporate rescue, creditor's statutory demands, Div 6 of the Income Tax Assessment Act 1936 (Cth), economic benefits model, FCT v Bamford, Law Reform Commission, Mark Brabazon SC, Part IVA, Sylvia Villios, tax benefit, tax induced insolvency, trusts, Yuri Grbich |
The latest Part of the Australian Tax Review includes four interesting articles on various aspects of taxation law in Australia. The first article, by GT Pagone, considers the development of the “sham” doctrine in Australian law and the elements that constitute a sham trust are explored. The second article comes from H David Rosenbloom and considers the debt ceiling debate and proposes specific steps toward an improved international tax system for the United States. In the third article Celeste M Black considers the taxation implications of Australia’s carbon pricing mechanism. The final article offers a quantitative analysis of tax decisions from 2001 to 2010 by Jeremy Hirschhorn and Alison Chen. A fascinating Part, to be sure.
Posted in Australian Tax Review (AT Rev), Update Summaries | Tagged "sham" doctrine, Alison Chen, analysis, AT Rev, carbon pricing mechanism, Celeste M Black, GT Pagone, H David Rosenbloom, international tax policy, Jeremy Hirschhorn, tax decisions, taxation, trusts, United States |
By Peter Hannan. In this article the author considers the width of the concept of “property” for the purposes of s 79 of the Family Law Act 1975 (Cth) in light of the 2008 decision of the High Court in Kennon v Spry, and also the subsequent litigation between the parties.
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