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The latest issue of the Australian Law Journal (Volume 98 Part 1) contains the following material:

CURRENT ISSUES – Editor: Justice François Kunc

  • Chief Justice Gageler
  • Guest Contributions
  • The Aftermath from the Robodebt Royal Commission: Lessons Learned for In-house Counsel
  • The “Enduring Courts in Changing Times” Conference
  • The Curated Page

TECHNOLOGY AND THE LAW – Editors: Lyria Bennett Moses and Angelina Gomez

  • Force Majeure

PERSONALIA – Editor: Emily Vale

  • Commonwealth
  • Justice Adam Hatcher
  • New South Wales
  • Justice Kristina Stern
  • Queensland
  • Justice Tom Sullivan
  • Justice Catherine Muir
  • South Australia
  • Justice Julie McIntyre
  • Western Australia
  • Justice Fiona Seaward

STATUTORY INTERPRETATION – Editor: The Hon John Basten

  • Does Australia Need a Doctrine of Deference?

RECENT CASES – Editor: Ruth CA Higgins SC

  • Superannuation – Self Managed Superannuation Fund – Binding Death Benefit Nomination – Precedent – Obiter Dicta of Intermediate Appellate Courts – Decision-making Principles in Farah Constructions Pty Ltd v Say-Dee Pty Ltd

Articles

A Step-Wise Approach to Less Reliance on Prison: Victim Restitution and Proportionate Sanctions as the Main Focus in Sentencing Fraud Offenders – Mirko Bagaric and Mia Schlicht

For the first time in several decades there are considered and wide-spread calls for significant reform of the sentencing system. This is especially the situation in the United States, largely in response to a mass incarceration crisis. Similar proposals are being advanced in Australia. It has been suggested that prison numbers could be reduced by to 80%. This suggestion is arguably too radical. However, less ambitious reforms are achievable. In this article, it is proposed that a step-wise approach to less reliance on prison should start with imposing alternative sanctions for most fraud offenders, given that the harm caused by their offending is generally less serious than other offence types. This reform, if successful, could act as a model for the greater use of alternative sanctions for other offence types – in particular other non-violent offence types.

SDCV v Director-General of Security: Procedural Fairness and the Ability to Decide a Matter Based on Secret Evidence Not Disclosed to a Party or Their Legal Team – Pauline Collins and Anthony Gray

With changes afoot in the judges sitting on the High Court later in 2023 this article addresses a hope for a future change enabling greater protection of fundamental rights of an individual to know the accusations and evidence against them. The decision in SDCV, by a slim majority of one, validated the challenged law in s 46(2) of the Administrative Appeals Tribunal Act 1975 (Cth). This precluded the right of SDCV or his legal team from knowledge of the evidence against him. This article documents the decision and reasoning of the High Court in this case. It sets forth the basis for concern in such national security situations.

Australia’s Place in the British Empire 1900–1950 – Richard Travers

When the Commonwealth of Australia was inaugurated in 1901, it became the newest colony in the British Empire. When the Australia Acts took effect in 1986, the last constitutional vestiges tying Australia to Britain were severed. Sometime between 1901 and 1986, Australia had become a sovereign nation, independent of Britain. When, and in what circumstances, did that happen?

For the PDF version of the table of contents, click here: New Westlaw Australia – ALJ Vol 98 No 1 Contents.

Click here to access this Part on New Westlaw AU

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