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The latest issue of the Australian Law Journal (Volume 96 Part 12) contains the following material:
CURRENT ISSUES – Editor: Justice François Kunc
- Anonymous or Secret Ministers of State
- Thirtieth Cohort of Senior Counsel in New South Wales
- The High Court Passes a Demographic Milestone
- Anonymous Ministers of State?
- The Curated Page
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CORPORATIONS AND SECURITIES – Editor: Beth Nosworthy
- “To Repay or Not to Repayâ€: Directors’ Duties and the JobKeeper Wage Subsidy Scheme
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FAMILY LAW – Editor: Richard Ingleby
- How Will Anyone Know whether the Federal Circuit and Family Court of Australia Is Working?
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TECHNOLOGY AND THE LAW – Editor: Lyria Bennett Moses
- Face-off: Are Australian Consumers Ready for Facial Recognition Technology?
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PERSONALIA – Editor: Emily Vale
- Appointments
- Commonwealth
- Justice Patrick O’Sullivan
- Justice Elizabeth Raper
- New South Wales
- Justice Anna Mitchelmore
- Justice Jeremy Kirk
- Justice Mark Richmond
- Justice Michael Meek
- Queensland
- Justice Sean Cooper
- South Australia
- Justice Adam Kimber
- Tasmania
- Justice Tamara Jago
- Retirements
- Queensland
- Chief Justice Catherine Holmes AC
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RECENT CASES – Editor Ruth CA Higgins
- Deed of Settlement – Construction and Operation of Release – Scope of Grant v John Grant & Sons Pty Ltd
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Articles
“Equity’s Darling†and the Burwood Ejectment Case: A Turning Point in Colonial Australian Law – Katy Barnett and Lynne Barnett
The Burwood Ejectment case arose when the ad hoc executor and trustee of a will in early colonial Sydney sold off Burwood Estate to meet the testator’s debts, after receiving a court order empowering him to do so. Twenty years later, the testator’s de facto wife and children successfully voided the sale. The purchaser was ejected, notwithstanding the fact that he was a bona fide purchaser for value without notice. The decision undermined confidence in security of transactions in the Colony and created a political furore and ongoing disputes. It is suggested that the case was a contributing factor to the creation of the Judge in Equity in New South Wales and illustrates broader issues with security of title and the political and legal organisation of early colonial Australia.
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Lawful Act Duress: Is it Time to Travel Away from Karam? – Michael Dimarco and Alexander du Maurier
Whether a contract may be voidable for economic duress turns on whether the pressure produced by the threat was “legitimateâ€. In New South Wales illegitimate pressure must involve threatened or actual unlawful conduct. This position also has persuasive authority in other Australian jurisdictions. However, a recent decision of the Supreme Court of the United Kingdom, where the Court held that threats to do something lawful may constitute illegitimate pressure, has reinvigorated the debate. This article compares these competing conceptions of illegitimate pressure. It argues that pressure is illegitimate where the threatening party intentionally creates (or increases) a vulnerability in the threatened party, which it then takes advantage of by making a threat to induce the threatened party into acting in a particular way.
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Global Regulation of Drones – Dr Anthony A Tarr, Professor Julie-Anne Tarr and Maurice Thompson
Notwithstanding the new horizons in efficiency ushered in through drone usage, there is a growing need for well thought out and properly integrated regulation. The rapid growth in the use and deployment of drones creates significant ongoing challenges for regulators. Organisations such as the International Civil Aviation Organisation and the European Union Aviation Safety Agency have vital roles to play as transnational regulatory frameworks evolve and at national levels, especially in federal jurisdictions, there are sometimes complex interactions between internal bodies to achieve appropriate regulatory outcomes. The article considers issues pertaining to international and national regulation and discusses “sandboxes†designed to provide practical experience to inform the development of future regulations and services. In conclusion, given the diverse contexts in which drone technology is and will be deployed, the article addresses the necessity to crosspollinate and enhance regulatory agencies with knowledge and skills drawn from diverse sectors.
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BOOK REVIEW – Editor: Angelina Gomez
- Vic Bar: A History of the Victorian Bar, by Peter Yule
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For the PDF version of the table of contents, click here: Westlaw AU – ALJ Vol 96 No 12 Contents or here: New Westlaw Australia – ALJ Vol 96 No 12 Contents
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Click here to access this Part on New Westlaw AU
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