The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “Building Australia’s Fintech Ecosystem: Innovation Hubs for a Competitive Advantage” – Ross P Buckley, Douglas W Arner, Dirk A Zetzsche and Evan C Gibson; and “Regulating Australia’s Benchmark Interest Rate Market: A Review of Recent Litigation and Market Reforms” – Tony Ciro. Also in this Part are the following Sections: Insolvency Law and Management: “Don’t Be Too Cool to Pool: Employee Entitlement Contribution Orders and Pooling Orders” – Andrew Vella and Matthew Paterson; Securities and Mortgages: “Purchase Money Security Interests under the PPSA: A Note on Stockco Agricapital Pty Ltd v Dairy Livestock Services Pty Ltd” – Anthony Duggan; United Kingdom and Europe: “History Repeating: Trading Restrictions in Europe at the Time of COVID-19” – Matteo Solinas; and “Germany’s Highest Court Challenges the Legality of the ECB’s Monetary Tools (and the EU’s Entire Legal Order)” – Matteo Solinas; and United States: “Predictive Factors in CEO and CFO Bank Fraud and Malfeasance” – Erich Heneke and Randall Valentine.
The latest Part of the Property Law Review includes the following content: “Asset Protection and NSW Stamp Duty: A Symbiosis” – Rebecca Barbou; “Overriding Statutes and Torrens – Developing a Response to Torrens’s ‘Greatest Legal Enemy'” – Lynden Griggs; “Improving Housing Security through Tenancy Law Reform: Alternatives to Long Fixed Term Agreements” – Chris Martin; “Public Nuisance Claims in Climate Change Litigation: How Useful Are They?” – Jana Norman; “Sharing Property: Multi-owned Property Workshop – Sarah Blandy, Clare Mouat and Cathy Sherry; Queensland: “The Human Body and Private Property: Sperm Harvesting” – Sharon Christensen; New Zealand: “The Land Transfer Act 2017 – Part 1” – Thomas Gibbons; and United States: “Joint Bank Account Held by Husband and Wife – Presumption of Tenancy by the Entirety – Severance on Withdrawal by One” – John Orth. This issue also includes the following section: Editorial; and Book Reviews.
The latest Part of the Property Law Review includes the following content: “Migratory Boundaries of Coastal Properties in Cases of Artificially Caused Erosion” – Brent Michael; “Better Protecting Native Title and Indigenous Land Use Agreements in Queensland: A New Class of Easement?” – Tim Wishart and Margaret Stephenson; “Up in the Air(bnb): Can Short-term Rentals Be Tamed?” – Laura Schatz and Rebecca Leshinsky; Essay: “Baseball, Friendship, Law and Property” – Paul Babie; Consumer Issues: “A Law of Neighbours: Views, Sunlight, and Intervention” – Lynden Griggs; Singapore and Hong Kong: “Recent Developments: Presumed Resulting Trusts, Vitiating Factors for Trusts, Interrupting Adverse Possession, and Abandonment of Leasehold Covenants” – Kelvin Low and Alvin See; United States: “Joint Tenancy – Severance – Unilateral Severance without Notice to Other Joint Tenant” – John Orth; South Australia: “The Annual Rent Threshold Triggering the Application of the Retail and Commercial Leases Act 1995 (SA)” – Paul Babie; and Victoria: “Part Performance: When It Is the Context that Counts” – Vanessa Johnston. This issue also includes the following section: Editorial; General Editor and South Australia Editor – Paul Babie.
The latest Part of the Australian Journal of Competition and Consumer Law includes the following articles: “Australia’s Protected Cartel Information Scheme: Has the Right Balance Been Struck?” – Holly Yang Cao; and “The ACCC, the Internet and Extraterritorial Injunctions” – Adrian Coorey; and the following sections: Access to Services; Administration and National Competition Policy; Case Note; What If…; Consumer Concerns; Report from Asia; Report from North America; and Worth Repeating.
This Part of the Environmental and Planning Law Journal includes the following articles: “A new fast lane or just a roadblock? Mitigating road transport GHG emissions under Australia’s Emissions Reduction Fund” – Prafula Pearce and Vanessa Johnston; “Co-opting the precautionary principle: The Victoria Planning Provisions’ ‘one kilometre consent requirement’ for wind energy facilities” – Chiara Bryan; “Holding fracking operations to account for environmental contamination in risk-based regulatory regimes: Insights from the United States” – Tania Murray, Dr Edward Andre and Krishna Prasad; “The drafting and content of threatened species recovery plans: Contributing to their effectiveness” – Bruce Lindsay and James Trezise; “Proactive restorative justice: A set of principles for enhancing public participation” – Clara Wilson. This Part also includes Commentary: “Determining the adequacy of Aboriginal cultural heritage assessments: Amber lights and red lights” – Ballanda Sack, Andrew Beatty and Karina O’Callaghan.
The latest Part of the Australian Law Journal includes the following articles: “Lord Denning: His Judicial Philosophy” – Justice James Douglas; and “Australia is Different: Restitution and the Australian Constitution” – Brian Mason. Also in this Part are the following sections: Current Issues; Conveyancing and Property; Crime and Evidence; Personalia; Equity and Trusts; Admiralty and Maritime; Competition and Consumer Law; and Recent Cases.
THE CAPITAL PUNISHMENT DEBATE FOLLOWING THE DEATHS OF ANDREW CHAN AND MYURAN SUKUMARAN SHOULD SHIFT TO THE UNITED STATES by Mirko Bagaric, Dean of Law School, Deakin University The executions of Andrew Chan and Myuran Sukumaran for drug trafficking by the Indonesian authorities was cruel and futile. The Australian government and much of the community is rightly ...more
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.
Book review of Charlatan by Pope Brock 2008, Three Rivers Press, New York. Pages 1-325, incl index (pb) reviewed by Dr Ian Freckelton SC Brock’s biography of “Dr” John Brinkley is not the first account of arguably the most remarkable quack that the United States has produced but it is both absorbing and confronting. It ...more