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The latest issue of the Australian Law Journal (Volume 89 Part 9) contains the following material:

CURRENT ISSUES – Editor: Ruth Higgins

  • Continuity and change
  • The changing climate of environmental legal challenges
  • The future of litigation funding
  • The increasing cost of separation
  • Watching the watchman

CONVEYANCING AND PROPERTY – Editor: Peter Butt

  • Contractualisation of leases
  • Indefeasibility of title: A strange result?
  • Mortgagees’ sales

CONSTITUTIONAL LAW – Editor: Anne Twomey

  • An alternative republic proposal

INTERNATIONAL FOCUS – Editor: Ryszard Piotrowicz

  • The Istanbul Convention: A new chapter in preventing and combating violence against women

PERSONALIA – Editor: Clare Langford

New South Wales

  • Justice Desmond John Fagan

Queensland

  • Chief Justice Carmody

Victoria

  • Chief Judge Michael Rozenes

Victoria update

  • Justice Peter Almond
  • Justice Clyde Croft
  • Justice John Dixon
  • Justice Cameron Macaulay
  • Justice Kate McMillan
  • Justice Robert Stanley Osborn
  • Justice Michael Sifris
  • Justice Pamela Tate
  • Justice Simon Paul Whelan

Westen Australia

  • Chief Judge Kevin Sleight

Appointment of Senior Counsel

OVERSEAS LAW – Editor: Colin Picker

  • The silent undermining of unsecured creditors in Canada

RECENT CASES – Editor: Ruth Higgins

  • Competition: Appeal – consideration of relevant market – characterisation of relevant services supplied by airlines
  • Competition: Appeal – consideration of relevant market – mortgage broker offered refunds to borrowers if successful in applying for loans
  • Crime: Statutory construction – “appeal by way of rehearing” – Crimes (Appeal and Review) Act 2001 (NSW), section 18

ARTICLES

Conscience and unjust enrichment – Robert Boadle

In Australian Financial Services & Leasing Pty Ltd v Hills Industries Ltd (2014) 88 ALJR 552; [2014] HCA 14, the High Court of Australia explored the change of position defence in the context of claims for mistaken payments. In the process, the High Court highlighted the continuing relevance of equitable doctrine in this part of the law of unjust enrichment. This article considers equity’s properly formed and instructed conscience, and argues that principled conscience forms part of the law of unjust enrichment.

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Singapore flags avenue of appeal against plain-packaging tribunal’s ruling on jurisdiction – Tom Clarke

This article reviews the recent Singapore decision Government of the Lao People’s Democratic Republic v Sanum Investments Ltd [2015] SGHC 15, in which the Singapore High Court upheld Laos’s challenge to an investor-state arbitral tribunal’s decision affirming (in part) its jurisdiction to determine an investor’s complaint under the bilateral investment treaty between Laos and the People’s Republic of China. The decision is of interest to Australian observers for two reasons. First, it highlights an open, and potentially likely, avenue of appeal from the pending award on jurisdiction in the plain-packaging arbitration between Philip Morris Asia Ltd and Australia (which was also heard by an ad hoc tribunal seated in Singapore). Secondly, the decision highlights key limitations of “first-generation” China BITs (including the 1988 China-Australia BIT), which the investor-state arbitration provisions of the recently concluded China-Australia Free Trade Agreement have very substantially relaxed.

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Law vs history: The bill of rights 1688 or 1689? – David Clark

This article notices the disparity in the date of the Bill of Rights in Australian statutes and cases. The general explanation is that there was a different calendar in use in the 17th century. This is shown to be wrong by examining the Journals of Parliament and this article concludes that 1689 is the correct date and suggests that statutory references to 1688 should be amended accordingly.

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OBITUARY

  • The Hon Frank Callaway RFD, QC

For the PDF version of the table of contents, click here: ALJ Vol 89 No 9 Contents

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