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.
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.
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.
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.
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.
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.