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The latest issue of the Australian Law Journal (Volume 92 Part 2) contains the following material:

CURRENT ISSUES Editor: Justice François Kunc

  • Increasing the Minimum Age of Criminal Responsibility
  • Final Report of the Royal Commission into Institutional Responses to Child Sexual Abuse
  • ALRC Inquiry into Third Party Litigation Funding in Class Actions
  • New Commonwealth Attorney-General
  • Excessive Costs and Inappropriate Correspondence: Again
  • Hate Speech Law Reform Abandoned in NSW
  • OPCAT Ratified
  • Modern Slavery Law Reform

CONVEYANCING AND PROPERTY Editors: Robert Angyal SC and Brendan Edgeworth

  • The Nature of and Approach to Relief for Proprietary Estoppel: McNab v Graham [2017] VSCA 352
  • Leases: The Certainty of Duration Requirement

STATUTORY INTERPRETATION Editor: The Hon John Basten

  • Constructional Choice

THE LEGAL OBSERVER Editor: Michael Pelly

  • Some Original Thoughts from our Newest High Court Judge: The Hon Justice James Edelman

PERSONALIA Editor: Emily Vale

Queensland

  • Justice John Byrne AO RFD

Victoria

  • Chief Justice Marilyn Warren

FAMILY LAW Editor: Richard Ingleby

  • The Reference to the Australian Law Reform Commission: A Second Plebiscite or the Rise of Michael Rimmer?

RECENT CASES Editor: Ruth C A Higgins SC

  • Industrial Relations: Fair Work Act 2009 (Cth) – Entitlement of Industrial Association to Represent Industrial Interests of Persons – Fair Work (Registered Organisations) Act 2009 (Cth)
  • Migration: Protection Visas – Judicial Review of Credibility Assessment – Whether Rational, Logical or Probative Basis for Tribunal Findings
  • United States: Certiorari – Application for Stay of Preliminary Injunctions – Executive Policies Concerning Entry of Foreign Nationals into Country

Articles

Security for Costs in Unfunded Federal Class Actions: Back to the Future Vince Morabito and Naomi Hatcher

Access to justice is universally regarded as the main benefit that can be secured through the use of class action regimes. In this article it is posited that, with respect to class actions filed in the Federal Court without the support of commercial litigation funders, attainment of this desirable goal is threatened by rulings by the Full Federal Court that authorise trial judges to award security for costs against lead plaintiffs on the expectation that such security can only be provided through contributions from group members.

The Unresolved Problem of Expert Evidence Thomas Kearney

The use of expert evidence is prevalent throughout Australia. However, there are ongoing concerns about the nature of that evidence, including the potential for the expert to usurp the decision-maker’s role, the potential for expert bias (conscious or otherwise) and the costs of expert evidence. This article considers the ways in which the legislature and the courts have attempted to regulate expert evidence and the ways in which reform might be enacted.

For the PDF version of the table of contents, click here: ALJ Vol 92 No 2 Contents.

Click here to access this Part on Westlaw AU

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