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The latest issue of the Australian Law Journal (Volume 98 Part 10) contains the following material:

CURRENT ISSUES – Editor: Justice François Kunc

  • A Court and a Tribunal Reborn
  • A New Chapter in the Industrial Court of New South Wales
  • The Curated Page

CONVEYANCING AND PROPERTY – Editors: Robert Angyal SC and Brendan Edgeworth

STATUTORY INTERPRETATION – Editor: The Hon John Basten

PERSONALIA – Editor: Emily Vale

Commonwealth

  • Chief Justice Stephen Gageler
  • Justice Robert Beech-Jones
  • Justice Christopher Horan
  • Justice Yaseen Shariff
  • Justice Craig Dowling

Australian Capital Territory

  • Justice Louise Taylor
  • Senior Counsel Appointment

New South Wales 732

  • Justice Scott Nixon
  • Justice Anthony McGrath
  • Justice Sarah Huggett
  • Justice Ian Pike
  • Justice James Hmelnitsky

Queensland

  • King’s Counsel Appointments

Victoria

  • Justice Edward Woodward
  • Justice Patricia Matthews
  • Justice Peter Gray
  • Justice Ian Waller
  • Senior Counsel Appointments

Western Australia

  • Justice Matthew Howard
  • Justice Alain Musikanth
  • Justice Kathleen Glancy
  • Justice Garry Cobby
  • Senior Counsel Appointments

Articles

The Use and Misuse of Metaphors – The Hon William Gummow AC and Aryan Mohseni

The use of metaphors in legal reasoning has received renewed attention in recent decisions of the High Court of Australia and the UK Supreme Court. Reliance upon metaphor has a history of criticism as apt to confuse and mislead, but also has been described as a means of persuasion which assists in understanding legal doctrine. There are various species of legal metaphor. In this article, these are discussed under eight headings.

Purpose, Procedure and Performance: Oaths and Affirmations Reconsidered – Fiona Hum and Darshan Datar

Oaths and affirmations exist as ceremonial expressions of the witness vowing to give truthful evidence. This ritual is said to secure the legitimacy of the trial. These choices of vows have received little scholarly attention and are usually treated as part of a harmless tradition. The authors contend oaths and affirmations have both theoretical and pragmatic harms that impact the objectivity and neutrality of the trial process. First, we demonstrate that oaths and affirmations are justified due to their perceived role in legitimising the trial. We theoretically demonstrate that oaths only serve as a ritual to legitimise the trial process and accordingly do not serve as a barometer to demonstrate the truthfulness of a witness. Second, drawing on empirical data from case law, we argue lawyers can have an adverse impact upon certain religions by undermining the credibility of religious witnesses who do not take oaths.

Third-party Liability for Breach of Confidence – Accessorial or Primary? The Problems with Universal Characterisations – By Henry Higgins and Pranay Jha

The nature of third-party liability for breach of confidence has frequently been described as “unsettled”. One aspect of uncertainty within the case law is whether such liability should be considered “accessorial” or “primary”. This article suggests that a priori categorisations of third-party liability as universally accessorial or primary should be avoided. Instead, the article advocates for a “circumstance-dependent” approach to be taken. It argues that distinctions should be drawn between recipient and participant liability. For participant liability, liability will necessarily be accessorial. However, for recipient liability, it will depend on the circumstance said to put a third party on notice of the information’s confidentiality. The article observes that the treatment of liability as accessorial or primary may have significant remedial consequences, including whether: split elections between compensation and an account of profits can be made against multiple wrongdoers; liability can be treated as joint and several; and third parties can be bound to arbitration agreements.

BOOK REVIEW – Editor: Angelina Gomez

For the PDF version of the table of contents, click here: New Westlaw Australia – ALJ Vol 98 No 10 Contents.

Click here to access this Part on New Westlaw AU

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