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The latest issue of the Australian Law Journal (Volume 97 Part 2) contains the following material:

CURRENT ISSUES – Editor: Justice François Kunc

  • An Unsatisfactory Outcome for Everyone
  • Religion, Politics, and Job Security
  • Referendum Diary
  • The Curated Page

LETTERS TO THE EDITOR

  • Australia’s First Law Lecturer
  • A Reply
  • Love v Commonwealth

FAMILY LAW – Editor: Richard Ingleby

  • Use It or Lose It: Limitation of Actions and the Right to Repayment of Moneys Loaned

STATUTORY INTERPRETATION – Editor: The Hon John Basten

  • The Continuing Influence of Sir Gerard Brennan – Interpreting Provisions Adopting an International Treaty

PERSONALIA – Editor: Emily Vale

  • New South Wales
  • Justice Elisabeth Peden
  • Justice Nicholas Chen
  • Senior Counsel Appointments
  • Queensland
  • Justice Lincoln Crowley
  • South Australia
  • Justice Sandi McDonald
  • Senior Counsel Appointments
  • Victoria
  • Justice Andrea Tsalamandris
  • Justice Lisa Hannan

Articles

Calderbank.Ai: Toward the Fair Resolution of Civil Litigation Using Machine Learning and Procedural Mechanisms – Aaron Snoswell, Anthony Skelton and Dan Hunter

 Supervised machine learning models offer great promise for the prediction of legal case outcomes; however, thus-far these methods have seen limited adoption due to several unique challenges posed by the legal domain. In this article we present a novel approach that combines social-legal and technical methods to train machine learning models that are accurate and acceptable. Using the domain of Australian family provision law – the statutory and common law domain that interprets testator intent and beneficiary need to rewrite testamentary dispositions – we present machine learning techniques to create accurate, predictive classifiers in law, addressing the challenges of sparse and expertise-bound data. We situate this model inside the civil procedure mechanism of Calderbank offers which we argue can mitigate socio-legal issues of acceptance of deep learning models in law.

The Recommended National Standards for Working with Interpreters: Enhancing Access to Justice in Courts and Tribunals – The Hon Justice Melissa Perry

 The second edition of the Recommended National Standards for Working with Interpreters in Courts and Tribunals (Standards) was launched in April 2022. The Standards recognise the critical role that interpreters play in the administration of justice in courts and tribunals in Australia’s multilingual and multicultural society. The article places the development of the Standards in its broader context from the perspective of international human rights law and procedural fairness, before canvassing key features of the Standards and the practices they seek to promote for the administration of justice by courts and tribunals.

Secret Ministries and The Constitution: An Implied Requirement of Publication? – Fiona Roughley and Megan Caristo

 While he was Prime Minister, the Hon Scott Morrison MP was appointed by the Governor-General to administer five additional departments of State unbeknownst to the other institutions of Australia’s constitutional government and the public. This article considers whether the Constitution contains an implied requirement that any appointment of a person to administer a department of State be made public within a reasonable period, and whether that requirement limits the executive power in s 64 to appoint a person to administer a department of State. Such an implication arguably arises from the text and structure of the Constitution, and in particular, the form of representative and responsible government prescribed by ss 1, 6, 7, 8, 13, 23, 24, 28, 30, 49, 50, 62, 64, 75(v), 83 and 128. If the implication be accepted, and if it gives rise to a limitation on the power to appoint in s 64, absence of publication of an appointment within a reasonable period results in invalidity of the appointment. The implication may also have other consequences for the exercise of other executive (and legislative) powers.

BOOK REVIEW – Editor: Angelina Gomez

  • Making Commercial Law through Practice 1830–1970, by Ross Cranston

OBITUARY

  • John Michael Bennett (7 December 1935–17 July 2022)

For the PDF version of the table of contents, click here: New Westlaw Australia – ALJ Vol 97 No 2 Contents.

Click here to access this Part on New Westlaw AU

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