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The latest issue of the Australian Law Journal (Volume 96 Part 3) contains the following material:

CURRENT ISSUES – Editor: Justice François Kunc

  • Chief Justice of New South Wales and President of the Court of Appeal
  • Chief Justice of the Australian Capital Territory
  • Chief Justice of Queensland
  • The “Australian Choice Model” for an Australian Republic
  • Educating Judges
  • The Curated Page

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AROUND THE NATION: AUSTRALIAN CAPITAL TERRITORY – Editor: Justice David Mossop

  • Twentieth Anniversary of the ACT Court of Appeal

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AROUND THE NATION: NORTHERN TERRITORY – Editor: Hon Dean Mildren AM RFD QC

  • Northern Territory Law Reform Commission’s Report on Mandatory Sentencing and
  • Community-based Options
  • Significant Changes to Office Holders
  • R v Rolfe
  • Criminal Lawyers Association of the NT (CLANT) Conference

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INTERNATIONAL FOCUS – Editor: Professor Stuart Kaye

  • Australian Professor Elected to UN Working Group on Outer Space

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PERSONALIA – Editor: Emily Vale

  • Commonwealth
  • Justice John Halley
  • Justice Helen Rofe
  • Justice Kylie Downes
  • Judge Advocate General and Deputy Judge Advocate General (Navy)
  • New South Wales
  • Senior Counsel Appointments
  • Northern Territory
  • Senior Counsel Appointments
  • South Australia
  • Senior Counsel Appointments
  • Tasmania
  • Senior Counsel Appointments
  • Victoria
  • Justice Catherine Button
  • Justice Amanda Fox
  • Western Australia
  • Justice Larissa Strk
  • Justice Marcus Solomon

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Articles

According to the Length of the Legislature’s Foot – Equity and the Civil Liability Act – Christopher Chiam

This article considers whether and how the Civil Liability Act 2002 (NSW) (CLA) applies to equitable claims. I argue that it does and explore some of those consequences. I first consider Pt 1A of the CLA, and conclude that the provisions governing causation are potentially significant. I then consider Pts 2 and 3 of the CLA in the context of equitable claims involving mental harm. The settled understanding of Pt 3 is that it only applies to claims which require proof of negligence as an essential element, and accordingly it is difficult to see what role it could play. However, Pt 2 may operate to limit the recovery of compensation for claims of breach of confidence. Finally, I argue that equitable claims can be “apportionable”, and accordingly may be subject to the proportionate liability provisions of the CLA.

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Fiduciary Duties of Representative Parties: Conflicting Case Law and Conflicting Interests – Daniel Meyerowitz-Katz

There is conflicting authority in Australia as to the whether a representative plaintiff in class actions owes fiduciary duties to group members. A majority of the High Court has said in obiter that the plaintiff does owe such duties, but the Victorian Court of Appeal has said that no such duties are owed, in a decision affirmed by the High Court on other grounds. This essay attempts to resolve those positions by reference to the principles underpinning the doctrine of fiduciary duties and to the nature and history of representative litigation. It also looks to cases in the United States, where the law on this point is more developed. The essay concludes that there is a strong argument that fiduciary duties are indeed owed by representative parties, and gives some examples of situations where this may be of some significance.

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Recurring Issues in Civil Appeals – Part 1 – Thomas Prince

This is the first part of a two-part article addressing three of the most commonly recurring issues in modern civil appeals. It explores the historical development of the civil appeal both in England and Australia and in light of that development examines the “standard of appellate review” required in different kinds of appeal. Part 2 will address the circumstances in which an appellate court is justified in interfering with findings of fact made by a trial judge and when a point can be raised for the first time on appeal.

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For the PDF version of the table of contents, click here: Westlaw AU – ALJ Vol 96 No 3 Contents or here: New Westlaw Australia – ALJ Vol 96 No 3 Contents.

Click here to access this Part on Westlaw AU

Click here to access this Part on New Westlaw AU

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