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The latest issue of the Australian Law Journal (Volume 89 Part 8) contains the following material:

CURRENT ISSUES – Editor: Acting Justice Peter W Young AO

  • Justice
  • Courts and delays
  • Disposal of appeals that clearly fail
  • Citatation of authority
  • Jobs for lawyers
  • Single issues and a balanced society
  • Passwords

CONVEYANCING AND PROPERTY – Editor: Peter Butt

  • A common leasing problem gives rise to a difficult legal issue

AROUND THE NATION: QUEENSLAND – John McKenna QC

  • Causation and damages
  • Allowances for tax in damages
  • Fiduciary duties of parents
  • Selden Society
  • Appointments and retirements

CRIME AND EVIDENCE – Justice Phillip Priest

  • Provocation’s peculiar position in 21st-century Australia

PERSONALIA – Editor: Clare Langford

Commonwealth: High Court of Australia

  • Justice Kenneth Hayne

Commonwealth: Federal Court of Australia

  • Justice James Edelman

New South Wales

  • Chief Judge Reginald Blanch AM

Northern Territory: Update

  • Justice Peter Barr
  • Justice Jenny Blokland
  • Justice Judith Kelly
  • Chief Justice Trevor Riley
  • Justice Stephen Southwood

Queensland

  • Chief Judge Kerry O’Brien

South Australia

  • Justice David Lovell

Victoria

  • Associate Justice Mary-Jane Ierodiaconou

Western Australia

  • Justice Peter Dominic Martino

OVERSEAS LAW – Colin Picker

  • Financial advisers and tangled loyalties: The case of In re Rural Metro

AROUND THE NATION: NORTHERN TERRITORY – Hon Dean Mildren AM RFD QC

  • Interpreter protocols in the Northern Territory Supreme Court

ADMIRALTY AND MARITIME – Dr Damien J Cremean

  • Proximate loss in marine insurance

CORPORATIONS AND SECURITIES – Editor: Robert Baxt AO

  • Review of settlement arrangements between regulators and defendants: “Unshackling” the role of the courts?

RECENT CASES – Editor: Acting Justice Peter W Young AO

  • Statutory construction: Apparent inconsistency between two statutes of the same government
  • Real property: Boundaries – Land adjoining ocean
  • Police duties revisited
  • Corporations Law: Preferences – Recent analysis of the “preference” under the NZ Companies Act and Australian analogues

Articles

Faulty refinancing: Subrogation, Torrens and the PPSAHon W M C Gummow AC and J G H Stumbles

The co-existence of equitable remedies with statutory regimes illustrates equity’s vitality and versatility. In this article, we examine the availability of subrogation in relation to securities over Torrens land and PPSA security interests and how subrogation may apply in a way which is consistent with each of these regimes. The analysis also demonstrates differences in the operation of subrogation in relation to Torrens land and personal property.

To purchase this article, complete the Individual Article Sale order form and email it to [email protected].

Interpreting statutes and contracts: A distinction without a difference?Jacinta Dharmananda and Leon Firios

The intuition felt by many legal practitioners is that the process of interpreting statutes is somehow different to the approach taken to interpreting private agreements. In a paper delivered over a decade ago, then Justice Michael Kirby of the High Court of Australia noted the dearth of comparative analysis of the two disciplines, and went on to sketch what he perceived to be the similarities and differences. This article takes up Justice Kirby’s cause and explores the extent to which contractual interpretation and statutory interpretation really do differ. On closer inspection it seems that there is, in fact, little difference of major significance. The article concludes with some reflections on the variables at play in interpretation beyond the nature of the instrument being interpreted.

To purchase this article, complete the Individual Article Sale order form and email it to [email protected].

BOOK REVIEWS – Editor: Angelina Gomez

  • Asian Courts in Context by Ed Jiunn-Rong Yeh and Wen-Chen Chang
  • The Construction and Performance of Commercial Contracts by S A Christensen and W D Duncan
  • Voidable Transactions in Company Insolvency by Farid Assaf, Brett Shields and Hilary Kincaid

OBITUARY

  • John Toohey

For the pdf version of the table of contents, click here: ALJ Vol 89 No 8 Contents.

Click here to access this Part on Westlaw AU