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The latest issue of the Australian Law Journal (Volume 98 Part 8) contains the following material:
CURRENT ISSUES – Editor: Justice François Kunc
- Overseas Judges in Hong Kong
- The Imprisonment of David McBride: Issues of Concern
- The Curated Page
AROUND THE NATION: NORTHERN TERRITORY – Editor: Hon Dean Mildren AM RFD KC
CRIME AND EVIDENCE – Editor: Justice Phillip Priest
FAMILY LAW – Editor: The Hon Justice Grant Riethmuller AM
Articles
This article is a case study of the laws and regulations at both the Commonwealth and State level that were relied upon to uphold Australia’s COVID-19 response, and the behavioural mechanisms used by governments in Australia to implement these regulatory policies. The question will be posed now that borders have been re-opened and normality restored in a “we will have to live with COVID-19” environment, whether the draconian restrictions on democratic freedoms and human rights could reoccur unless Australia changes the manner in which these laws and regulations are imposed by governments and interpreted by the courts, especially given the High Court’s decision in Palmer v Western Australia. This question is particularly important given the announcement on 21 September 2023 that the Commonwealth Government was setting up a COVID-19 Response Inquiry to identify lessons learned to improve Australia’s preparedness for future pandemics.
Walking The Tightrope: Communications With Expert Witnesses Following New Aim V Leung – Claudia Oakeshott and Claire Smart
The decision of the Full Court of the Federal Court in New Aim v Leung (2023) 410 ALR 190, overturning New Aim v Leung [2022] FCA 722, raised again the sometimes fraught process associated with communicating with independent expert witnesses. It confirmed that there are few bright-line rules—what must be disclosed will depend on the circumstances of the case. Similarly, the test for determining whether privilege over communications with experts has been waived is context-dependant. This article examines the appeal decision, reviews the principles that apply to waiver, and seeks to provide some guidance in navigating this complex area. Practitioners should approach communications with independent experts with care, and with an eye on the consequences for both the weight that might be given to the expert’s evidence, and for waiver of the legal professional privilege that would otherwise apply.
Some Thoughts On Choice, Subjectivity And The Ethics Of Sentencing – Peter Quinlan
Remembering Sir Cyril Walsh KBE – Stephen Gageler AC
BOOK REVIEW – Editor: Angelina Gomez
For the PDF version of the table of contents, click here: New Westlaw Australia – ALJ Vol 98 No 8 Contents.
Click here to access this Part on New Westlaw AU
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