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The latest issue of the Australian Law Journal (Volume 99 Part 2) contains the following material:

CURRENT ISSUES – Editor: Justice François Kunc

  • Two New Chief Justices
  • AI – Practice Notes and Other Developments
  • The Curated Page

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

ENVIRONMENTAL LAW – Editor: Justice Rachel Pepper

  • Commonwealth
  • Significant Environmental Decisions of the High Court
  • Significant Environmental Decisions of the Federal Court
  • New South Wales
  • Significant Environmental Decisions in NSW
  • Northern Territory
  • Queensland
  • Victoria
  • Western Australia

AROUND THE NATION: NORTHERN TERRITORY – Editor: Hon Dean Mildren AM RFD KC

AROUND THE NATION: WESTERN AUSTRALIA – Editor: The Hon Kenneth Martin KC

Articles

Resolving Statutory Overlap in the Superannuation System – M Scott Donald and Aryan Mohseni

Australia’s national superannuation system enlivens a complex collage of Commonwealthand State laws and regulatory regimes. It therefore provides an opportunity to explorethe operation of legislative devices designed to resolve issues of overlap in a practicalsetting of considerable consequence. This article assesses two of these devices: s 350 of theSuperannuation Industry (Supervision) Act 1993 (Cth) and s 5E of the Corporations Act2001 (Cth), and identifies the crucial role played by s 109 of the Australian Constitution inthe curatorial process governed by those provisions. The article is also concerned with thepotential for less obvious examples of regulatory overlap to go unnoticed, and examinesspecific examples that illustrate this potential.

The Increasing Intersection of Class Action and Regulatory Proceedings and Its Implications for the Operation and Utility of Australia’s Class Action Regime – Simon Hochreiter

A recent consensus has emerged between courts and practitioners which indicates thatthe intersection of class action and regulatory proceedings is becoming more prevalent.The intersection of such proceedings creates challenges for Australian courts, parties andpractitioners who are burdened with their co-ordination and disposition. It also posesthought-provoking questions regarding the utility of class action proceedings, in thelimited circumstances where the relief which they seek is akin to that sought in a parallelregulatory proceeding. This article considers these issues in the context of a suite of recenthigh-profile parallel class action and regulatory proceedings. It also examines why thenotable increase in intersecting class action and regulatory proceedings has emerged.

BOOK REVIEWS – Editor: Angelina Gomez

  • The American Law Institute: A Centennial History, edited by Andrew S Gold and Robert W Gordon
  • Sister Liguori: The Nun Who Divided a Nation, by Jeff Kildea

For the PDF version of the table of contents, click here: New Westlaw Australia – ALJ Vol 99 No 2 Contents.

Click here to access this Part on New Westlaw AU

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