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The latest issue of the Australian Law Journal (Volume 88 Part 4) contains the following material:
Articles
Raising the flag: Revisiting choice of law rules for shipboard torts – Nigel Rein
What law is to be applied where there is an accident on board a ship at sea or in port? Is it the law of the flag (the law of the place where the ship is registered) or, if in territorial waters or in port, the place where the tort is committed?
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The immunity of leaders of constituent territories: The generosity of the Australian position – Lucas Bastin
Under most systems of domestic law, it is well-established that foreign heads of states, heads of governments and foreign ministers receive immunity ratione personae from local suit. Australian law is no exception. However, there are some areas of the law of immunities in respect of which domestic legal systems diverge, and Australian law carves out its own approach. One such area concerns the appropriate scope of immunity which should be afforded to foreign officials who are not leaders of recognised states, but rather are leaders of the constituent territories of those states. This article compares the approaches to the grant of immunity from local suit to the leaders of constituent territories of foreign states adopted in two jurisdictions which were at the forefront of immunity legislation in the 1970s – namely, the United Kingdom and the United States – with our own approach to the issue in Australia. It concludes that Australian law is comparatively generous in respect of the immunity which it extends to such leaders.
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Sections
CURRENT ISSUES – Editor: Acting Justice Peter W Young AO
- The High Court and crime
- Defamation and social media
- Oaths and the truth
- Justices of the Peace: Do we need them?
- Cost of running small claims
- Resident judges
- We lose another leading lawyer
CONVEYANCING AND PROPERTY – Editor: Peter Butt
- The native title right to fish
- Rectification of deed of conveyance executed under power of attorney
- Vacant possession and failure to complete
FAMILY LAW – Editor: Anthony Dickey QC
- Distinctive nature of permanent disability insurance
- Role of a legal personal representative under s 79(8)
OVERSEAS LAW – Editor: Colin Picker
- Conversion of intangible goods: Some modern approaches
CORPORATIONS AND SECURITIES – Editor: Robert Baxt AO
- Senate Economic References Committee
RECENT CASES – Editor: Acting Justice Peter W Young AO
- Crime: Offence of staying overnight in prohibited public place – Elements
- Contract: Penalty – Where terms of settlement require original sum to be paid on default
- Discrimination: Age discrimination – Whether legitimate
- Contract: Illegality of contract as intended to be performed
- Evidence: Expert evidence – Identity of accused’s boots
- Statutory wills
BOOK REVIEWS – Editor: Angelina Gomez
- Animal Law in Australasia (2nd ed), by Peter Sankoff, Steven White and Celeste Black (eds)
For the pdf version of the table of contents, click here:Â WAU – ALJ Vol 88 Pt 4 Contents.
