*Please note that the links to the content in this Part will direct you to Westlaw AU.
To purchase an article, please email: [email protected] or contact us on 1300 304 195 (Australian customers) or +61 2 8587 7980 (international customers) during business hours (Mon-Fri, 8am-6pm AEST).
The latest issue of the Australian Law Journal (Volume 96 Part 8) contains the following material:
CURRENT ISSUES – Editor: Justice François Kunc
- The Queen v Collaery Discontinued
- Australia’s Oldest Continuous Legal Practice Turns 200
- Legitimacy and Precedent in an Apex Court
- AI in the Courts
- The Curated Page
Click here to access on New Westlaw
CONVEYANCING AND PROPERTY – Editors: Robert Angyal SC and Brendan Edgeworth
- Recent Easement Decisions
Click here to access on New Westlaw
ENVIRONMENTAL LAW – Editor: Justice Rachel Pepper
- New South Wales
- Queensland
- South Australia
- Tasmania
- Victoria
- Western Australia
Click here to access on New Westlaw
RECENT CASES – Editor: Ruth C A Higgins SC
- Risk and Causation in Negligence
Click here to access on New Westlaw
Articles
Class Actions Reform: An Analysis of Data, Dollars and Doctrines – Part 2 – Dr Peter Cashman
This article examines empirical data on class actions in Canada and the United States and reviews a number of recent reforms in those jurisdictions. Recent reforms in Australia and other proposed regulatory changes in respect of litigation funding are critically examined. A number of additional reforms are outlined which it is contended would enhance civil justice and assist in achieving the policy goal of reducing transaction costs and maximising the return to the class member beneficiaries of class action litigation in Australia.
Click here to access article on New Westlaw
Australian Burial Law 25 Years on from Smith v Tamworth City Council – Kate Falconer
Young J’s 1997 decision in Smith v Tamworth City Council is one of the most important decisions in the Australian law of the dead. This is due in no small part to the fact that, in his judgment, Young J set out 15 propositions of Australian burial law. These propositions have been cited, either individually or in full, in nearly every burial dispute heard by an Australian court since 1997. Twenty-five years on from the Smith decision, this article analyses each of Young J’s 15 propositions, its influence on modern burial law, and its current status in light of several significant developments in the field. It argues that, while many of the 15 propositions remain good law today, several should be entirely abandoned.
Click here to access article on New Westlaw
A Critical Response to “National Security and the Law†– Michael Head
This article questions some of the basic assumptions generally made about the concept of national security, the role of the intelligence agencies, the adoption of counter-terrorism laws and the far-reaching political and legal precedents set by that legislation. It suggests that it is time, more than 20 years on from the still largely unexplained circumstances surrounding the terrorist attacks of 9/11, to seriously assess the shift in the legal system during the “war on terrorism†that the United States government and its allies declared in 2001. Among the disturbing developments are multiple forms of detention without trial, sweeping definitions of terrorism-related offences, executive powers to outlaw organisations, substantially closed or even secret criminal proceedings, and intensive surveillance and secret data collection by the intelligence agencies.
Click here to access article on New Westlaw
For the PDF version of the table of contents, click here: Westlaw AU – ALJ Vol 96 No 8 Contents or here: New Westlaw Australia – ALJ Vol 96 No 8 Contents.
Click here to access this Part on Westlaw AU
Click here to access this Part on New Westlaw AU
For general queries, please contact: [email protected].
