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The latest issue of the Australian Law Journal (Volume 91 Part 4) contains the following material:

CURRENT ISSUES – Editor: Justice François Kunc

  • The Uses of History
  • Remembrance Day Commemoration
  • Australia to Ratify Optional Protocol to the Convention Against Torture
  • Parliamentary Joint Committee Report on s 18C
  • Questioning and Detention Powers in Relation to Terrorism
  • New Security Legislation Monitor is Appointed
  • Same-Sex Marriage Legislation and Religious Freedom
  • Looking to the Future: Amending the Constitution and Fighting Corruption


  • Lessor’s Right to Loss of Bargain Damages
  • Recent Cases on Vendor and Purchaser
  • Postscript on Fixtures
  • Postscript on Victorian Cooling-off Notices

AROUND THE NATION: TASMANIA – Editor: Justice Stephen Estcourt

  • Social Media and Sentencing

ADMINISTRATIVE LAW – Editor: Justice Melissa Perry

  • “Risk of Harm”, Relevant Considerations and s 501: Wrangling the Minister’s Discretion

PERSONALIA – Editor: Clare Langford


  • Justice David O’Callaghan
  • Solicitor General: Dr Stephen Paul Donaghue QC
  • Appointments to the Administrative Appeals Tribunal

Australian Capital Territory

  • Justice David Mossop

New South Wales

  • Justice Patricia Bergin
  • Law Enforcement Conduct Commission


  • Justice Susan Brown

ADMIRALTY AND MARITIME – Editor: Dr Damien J Cremean

  • Deviation to Save Life at Sea

INTERNATIONAL FOCUS – Editor: Ryszard Piotrowicz

  • ASEAN Takes on Trafficking in Human Beings

RECENT CASES – Editor: Ruth C A Higgins

  • Legal Practitioners: Negligence – Advocates’ Immunity from Suit – Where Settlement Offer Made and Rejected on First Day of Trial
  • Aboriginals and Torres Strait Islanders: Native Title – Indigenous Land Use Agreements not Signed by all Persons Jointly Comprising Registered Native Title Claimants
  • Federal Jurisdiction – Diversity Jurisdiction – Constitution, ss 75, 76 – Body which was not a Ch III Court – With Judiciary Act 1903 (Cth), s 39


“Judges’ Sons Make the Final Sacrifice”: The Story of the Australian Judicial Community in the First World War  Tony Cunneen

This article focuses on the experiences of judges’ families, particularly their sons, in battle in the First World War. It is both a memorial to the sacrifice made by the Australian judicial community in the First World War as well as a contribution to the limited historiography concerning the social history of Australian judges. This article continues research into the activities of the wider Australian legal profession in the First World War.

The Honourable Sir Kenneth Jacobs KBE: A Centenary Appreciation  Hon William Gummow AC

The centenary of the birth of Sir Kenneth Jacobs provides the occasion to reflect upon his work as scholar and teacher, and then for 19 years as a judge at first instance in the Court of Appeal and finally, for all too short a time, in the High Court. In matters of both private and public law his judgments retain much significance and, for example, in his reading of s 92 of the Constitution he was remarkably prescient.

The Honourable Septimus Burt KC  Julian Burt and Angelina Gomez

“They’re not heroes. They do not intend to be thought or spoken of as heroes. They’re just ordinary Australians, doing their particular work as their country would wish them to do it. And pray God, Australians in days to come will be worthy of them”: C E W Bean, journalist, war correspondent, historian and author of the Official History of Australia in the War of 1914-1918. This article was inspired by the re-opening and re-dedication of the Burt Memorial Hall at St George’s Cathedral in Perth, built by the Hon Septimus Burt KC who lost two sons in the Great War. In looking at the life of a pioneer like Septimus, we see the story of a young nation, of how Western Australia was built, how its legal and political institutions developed and how they continued (and thrived) after the devastation of World War I.

The Changing Face of Judicial Leadership: A Western Australian Perspective  Robert French AC

David Malcolm Annual Memorial Lecture, 19 October 2016, Fremantle.

BOOK REVIEWS – Editor: Angelina Gomez

  • Recent Legal History Books reviewed by Justice François Kunc
  • Interlocutory Criminal Appeals in Australia by Greg Taylor reviewed by Julian R Murphy

For the PDF version of the table of contents, click here: ALJ Vol 91 No 4 Contents.

Click here to access this Part on Westlaw AU

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