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The latest issue of the Australian Law Journal (Volume 96 Part 9) contains the following material:
CURRENT ISSUES – Editor: Justice François Kunc
- A Referendum on the Voice Comes Closer
- The Rule of Law in the Pacific
- Judiciaries Upholding Judicial Independence in Pacific Island States
- The Curated Page
Click here to access on New Westlaw
FAMILY LAW – Editor: Richard Ingleby
- Nails in the FA Coffin?
Click here to access on New Westlaw
PERSONALIA – Editor: Emily Vale
- International Court of Justice
- Professor Hilary Charlesworth AM
- Commonwealth
- Justice Scott Goodman
- Australian Capital Territory
- Justice Lucy McCallum
- Justice Geoffrey Kennett
- New South Wales
- Chief Justice Andrew Bell
- Justice Hament Dhanji
- Queensland
- Chief Justice Helen Bowskill
- Justice Declan Kelly
- Justice Kerri Mellifont
- South Australia
- Justice Laura Stein
- Tasmania
- Appointment of Senior Counsel
- Retirements
- Chief Justice Helen Murrell
Click here to access on New Westlaw
RECENT CASES – Editor: Ruth CA Higgins SC
- Quistclose Trusts in the Privy Council
Click here to access on New Westlaw
ADMIRALTY AND MARITIME – Editor: Dr Damien J Cremean
- Sea Pilots: Issues of Liability
Click here to access on New Westlaw
Articles
Unconscionability is one of the three exceptions injuncting calls upon unconditional undertakings to pay on demand given under construction contracts. This article examines the Australian approach to the unconscionability exception, empirically by extracting four indicia from decisions granting or rejecting injunction applications, and comparatively by juxtaposing Australia’s eclectic position with Singapore courts’ vigorous use of the exception and English market’s reservation about the instrument itself. In doing so, this article proposes to demonstrate that Australia’s self-restrained approach to the unconscionability exception prescribes a normative standard of “conductâ€, not merely proscribing a matrix of unfair, unreasonable or unjust “resultâ€.
Click here to access article on New Westlaw
Taking the King’s Hard Bargain – Samuel White
Historically, personnel who join the armed forces agree to take what has been known as the King’s Hard Bargain – a unilateral contract to give all, and expect nothing. Little has been written however on the nature of this power, an arguably outdated concept inconsistent with modern concepts of employment law. This article looks to explore the notion of accepting the King’s Hard Bargain, and whether or not the Governor-General has, and retains in the face of Regulations, the power to dismiss members of the Australian Defence Force. In doing so, it challenges the notion that the Commander-in-Chief is merely titular, a line of thinking that has been twisted from its original meaning to a near-rule of constitutional interpretation, and concludes with questioning whether or not the King’s Hard Bargain should remain so, or whether or not the legislation should be amended to reflect the Public Service’s conditions.
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BOOK REVIEWS – Editor: Angelina Gomez
- Bench and Book, by Nicholas Hasluck
- Discretion in Criminal Justice, by Nicholas Cowdery, AO QC
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For the PDF version of the table of contents, click here: Westlaw AU – ALJ Vol 96 No 9 Contents or here: New Westlaw Australia – ALJ Vol 96 No 9 Contents.
Click here to access this Part on Westlaw AU
Click here to access this Part on New Westlaw AU
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