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The latest issue of the Australian Law Journal (Volume 96 Part 6) contains the following material:
CURRENT ISSUES – Editor: Justice François Kunc
- Western Australia Joins Legal Profession Uniform Law Scheme
- Associate Justice Ketanji Brown Jackson and Judicial Diversity
- Guest Contribution – Hong Kong
- Guest Contribution – Financial Services Legislation
- The Contribution of Australian Lawyers to the Hong Kong Legal System: Past, Present and Future
- Financial Services Inquiry – Penetrating the Impenetrable
- The Curated Page
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CONVEYANCING AND PROPERTY – Editors: Robert Angyal SC and Brendan Edgeworth
- Knowing Receipt, Knowing Assistance, and Torrens Land
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STATUTORY INTERPRETATION – Editor: The Hon John Basten
- Can Context Mutilate Text?
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RECENT CASES – Editor: Ruth CA Higgins SC
- Consumer Law – s 21 Australian Consumer Law (ACL) – Whether Statutory Unconscionability Requires Exploitation of Some Disadvantage or Vulnerability by a Stronger Party
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AROUND THE NATION: TASMANIA – Editor: Justice Stephen Estcourt AM
- Women and the Law in Tasmania
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Articles
Risk and Reform in Australian Financial Services Law – Nicholas Simoes da Silva and William Isdale
This article considers the role that differing understandings of, and approaches to, risk have played in the development of Australian financial services law. In particular, it is argued that there has been a change in the regulatory approach to risk being assumed by Australian consumers, involving greater regulatory intervention in managing and reducing risk. It is argued that legislation concerning prudential and systemic risk regulation has proved to be much more accommodating of such change than has the cornerstone Act of financial services law: the Corporations Act 2001 (Cth). The article offers lessons that can inform potential law reform – in particular, by highlighting the importance of a clear legislative hierarchy.
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Post-Brewster Jurisprudence – The Future of the Common Fund Doctrine – Ben Slade, Simon Gibbs and Vince Morabito
In December 2019, the High Court of Australia held, in BMW Australia Ltd v Brewster, that the making of common fund orders in the early stages of class action litigation was not authorised by the federal legislative class action regime and its New South Wales equivalent. These orders, which were endorsed by the Full Federal Court in October 2016, had increased both the interest of funders in Australian class actions and the types of class proceedings that they funded. This seminal judicial pronouncement has been reviewed closely by a number of federal trial judges, primarily with a view to answering the crucial practical question of whether Brewster prohibits the making of common fund orders when approving a settlement. The principal aim of this article is to explore this post-Brewster jurisprudence.
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For the PDF version of the table of contents, click here: Westlaw AU – ALJ Vol 96 No 6 Contents or here: New Westlaw Australia – ALJ Vol 96 No 6 Contents.
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