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The latest issue of the Australian Law Journal (Volume 96 Part 1) contains the following material:

CURRENT ISSUES – Editor: Justice François Kunc

  • The Year Ahead
  • Some Good News
  • The Curated Page

Click here to access on New Westlaw

CRIME AND EVIDENCE – Editor: Justice Phillip Priest

  • The Presumption of Innocence and Public Comment

Click here to access on New Westlaw

FAMILY LAW – Editor: Richard Ingleby

  • The New “Federal Circuit and Family Court of Australia”: Two Unanswered Questions

Click here to access on New Westlaw

TECHNOLOGY AND THE LAW – Editor: Lyria Bennett Moses

  • Will AI Invent the Next Generation of Patentable Inventions?

Click here to access on New Westlaw

PERSONALIA – Editor: Emily Vale

  • Commonwealth
  • Justice Elizabeth Cheeseman
  • Queensland
  • Justice Paul Freeburn
  • Victoria
  • Justice Kristen Walker
  • Justice Stephen O’Meara
  • Justice Richard Attiwill

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An Adverse View of Adverse Possession Anthony Gray

The doctrine of adverse possession, under which a trespasser to property belonging to another might ultimately become the legal owner of it, continues to be applied in Australian and United Kingdom courts. Though it may have made sense centuries ago, it has become increasingly difficult to justify the doctrine. It has been stridently criticised by the judiciary and academy. It appears at odds with the law’s general reluctance to permit individuals to profit from wrongdoing, and the Torrens system of title by registration. This article critiques the doctrine, suggesting significant reform is necessary.

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Reflecting on the Trade Marks Act 1995 (Cth) Amanda Scardamaglia

2021 marked 25 years since the Trade Marks Act 1995 (Cth) (TMA) came into effect. This article will reflect on the key changes brought about by the TMA. The article will focus on the application of these provisions by IP Australia and the Office at the examination stage, but also the case law emanating from these new provisions. How have these new provisions been applied and interpreted? What issues have been settled by the courts? What are the gaps, ambiguities and inconsistencies arising, requiring further reform or interrogation? In doing so this article ultimately concludes that many of the changes made to the TMA have had consequences that lawmakers did not, and could not have intended.

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BOOK REVIEW – Editor: Angelina Gomez

  • Citadels of Pride: Sexual Assault, Accountability and Reconciliation, by Martha C Nussbaum

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  • Hal Wootten AC, QC
  • Major General the Hon Richard Tracey AM QC RFD

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For the PDF version of the table of contents, click here: Westlaw AU – ALJ Vol 96 No 1 Contents or here: New Westlaw Australia – ALJ Vol 96 No 1 Contents.

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