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The latest issue of the Australian Law Journal (Volume 91 Part 6) contains the following material:

CURRENT ISSUES – Editor: Justice François Kunc

  • The Division of Labour in Litigation
  • The Adolescent Brain
  • A Funding Crisis Averted: For Now
  • An End to the s 18C Debate
  • Technology Note 1.0 (FLIP Report – The Future of Law and Innovation in the Profession)
  • Technology Note 2.0 (data retention laws)
  • Technology Note 3.0 (US National Bureau of Economic Research: “Human Decisions and Machine Predictions”)
  • Technology Note 4.0 (COMPAS (Correctional Offender Management Profiling for Alternative Sanctions) & Supreme Court of Wisconsin in State of Wisconsin v Loomis)
  • Shorter Appellate Judgments
  • Melbourne University Law School Turns 160
  • Conveyancing and Property Section – welcoming Professor Brendan Edgeworth & Robert Angyal SC

AROUND THE NATION: VICTORIA – Editor: Justice Clyde Croft

  • Services: Wholesale or Retail?

ENVIRONMENTAL LAW – Editor: Justice Rachel Pepper

  • Federal Environment Policy
  • Significant Environmental Decisions of the Federal Court
  • New South Wales
  • Queensland
  • Victoria
  • Western Australia

EQUITY AND TRUSTS – Editor: Justice Mark Leeming

  • Injunctions Restraining Enforcement of “Muslim Ban” Executive Orders

FAMILY LAW – Editor: Richard Ingleby

  • Pyrrhic Victories: Did I Really Win the Appeal?

RECENT CASES – Editor: Ruth C A Higgins

  • Procedure: Enforcement of Australian Judgment Debt in Foreign Jurisdiction – Certificate under Foreign Judgments Act 1991 (Cth), s 15(1) – Whether Certificate Valid – Bankruptcy Act 1966 (Cth), s 58(3)
  • Probate and Succession: Discretion to Revoke a Common Form Grant – Time for Assessing Testamentary Capacity and Consideration of the “Rule” in Parker v Felgate (1883) 8 PD 171
  • Torts: Misfeasance in Public Office – Elements of Tort – Misleading Complaint on Behalf of Council to Regulatory Authorities about Pharmacist’s Conduct of Business with Intention to Injure Pharmacist – Consumer Law – Trade Practices Act 1974 (Cth), s 52

Articles

Creation of the Federal Court: A Reflection – Hon Sir Gerard Brennan AC KBE GBS

On the occasion of the 40th anniversary of the Federal Court of Australia, one of the original judges of that Court (and subsequently Chief Justice of the High Court) reflects on the Federal Court’s origins and early years.

Characterisation: Its place in Contractual Analysis and Related Enquiries  James Allsop

This article seeks to clarify the evaluative process of characterisation that is used to give meaning to contracts as well as to many other concepts derived from the general law and from statute. Characterisation involves the making of a values-based judgment by reference to ascribed meaning, found facts and expressed principle or rule. The article takes examples from the fiduciary relationship, the notion of unconscionability in commerce, the doctrine of penalties and the nature of insurance to examine the way in which characterisation, as a process of construction in the broad sense, is founded in context and is structured by reference to an established and ordered legal method

Gender Equality among Barristers before the High Court  Daniel Reynolds and George Williams

In Australia, the Bar has long prided itself on its meritocracy. At the heart of the idea is the proposition that, regardless of gender, race or background, anyone should be able to succeed at the Bar provided that their work is of a high enough standard. This article presents a statistical analysis of appearances by barristers before the High Court of Australia to show that this ideal is not being realised. The data shows that female barristers are systematically under-briefed for matters before the nation’s highest court, and that even when women are briefed, they are disproportionately less likely to be given a speaking part.

BOOKS RECEIVED – Editor: Angelina Gomez

BOOK REVIEWS – Editor: Angelina Gomez

  • The Fall of the Priests and the Rise of the Lawyers by Philip R Wood

For the PDF version of the table of contents, click here: ALJ Vol 91 No 6 Contents.

Click here to access this Part on Westlaw AU

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