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The latest issue of the Australian Law Journal (Volume 91 Part 3) contains the following material:

CURRENT ISSUES – Editor: Justice François Kunc

  • A Month of Events and Controversy
  • Chief Justice Kiefel and Justice Edelman Sworn In
  • Queensland Court of Appeal Marks 25 Years
  • 40th Anniversary of the Federal Court of Australia
  • A Chief Justice Misreported
  • Commissioner Appointed for ALRC Inquiry into Indigenous Incarceration Rates
  • Federal Court of Australia’s National Court Framework

CONVEYANCING AND PROPERTY – Editor: Peter Butt

  • No Set-off for Receiver’s Alleged Breach of Duty on Sale
  • Time for Repayment Void for Uncertainty
  • Scintilla Juris Re-Scotched
  • The Nature of a Torrens Title Mortgage
  • Mortgagee Protected against Mortgagor’s Unconscionable Conduct
  • On Mortgages and Disclaimer

CONSTITUTIONAL LAW – Editor: Anne Twomey

  • Relevance to Australia of the UK Supreme Court’s Brexit Decision

AROUND THE NATION: WESTERN AUSTRALIA – Editor: Justice Kenneth Martin

  • The Smith Saga/Juror 217: The “Spanish Juror”

INTERNATIONAL FOCUS – Editor: Ryszard Piotrowicz

  • Regional Collaborative Responses to the Global Migration Crisis: Refugee Law, Human Rights and Shared State Responsibility: The Australia-Cambodia Refugee Resettlement Agreement

RECENT CASES – Editor: Ruth C A Higgins

  • Contract: Construction – Rectification – Actual or True Common Intention of Parties – Common Mistake
  • Limitation of Actions: Limitations of Particular Actions – Simple Contracts, Quasi Contracts and Torts
  • Private International Law: Service of Process outside the Jurisdiction – Choice of Law – Whether Law of the Forum Applies
  • United Kingdom: Constitutional Law – Crown Prerogative Powers – Sovereignty of Parliament – Treaty on European Union, Art 50

ARTICLES

Not worth the paper they’re not written on? Executing documents (including deeds) under electronic documentation platforms: Part B – Diccon Loxton

This article examines the growing phenomenon of signing documents electronically through cloud-based platforms, and is in two parts. The first, Part A, published last month, described the process and concluded that documents signed in that way can generally satisfy requirements for signing and writing, not only when electronic transactions legislation is applied, but also under general law. This second part, Part B, concludes that documents can be signed in that way under s 127 of the Corporations Act 2001 (Cth). It also concludes that where electronic transactions legislation applies one can have effective electronic deeds. Where such documents would not be effective, then printouts can be effective as signed original hard copy counterparts.

Burqas and Niqabs in the courtroom: Finding practical solutions – Renae Barker

Courts from around the common law world have been required to decide whether a witness may give evidence while wearing a burqa or niqab. In the majority of documented cases the court has determined that the witness must remove her face covering. In coming to this conclusion the court has in many instances also considered alternative arrangements which may be put in place to minimise the witness’s discomfort and respect her religious beliefs as far as possible. This article analyses the existing case law to determine which practical solutions considered by the courts are the most effective both in terms of respecting the witness’s religious beliefs and in facilitating the administration of justice. It concludes that the removal of non-essential men and/or the screening of the witness along with ancillary orders, offers the best compromise for all concerned.

BOOK REVIEWS – Editor: Angelina Gomez

  • Public Law Adjudication in Common Law Systems: Process and Substance, by John Bell, Mark Elliott, Jason N E Veruhas and Philip Murray – reviewed by Madeleine Ellicott
  • Criminal Due Process and Chapter III of the Australian Constitution, by Anthony Gray – reviewed by Rebecca Ananian-Welsh

For the PDF version of the table of contents, click here: ALJ Vol 91 No 3 Contents.

Click here to access this Part on Westlaw AU

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