*Please note that the links to the content in this Part will direct you to Westlaw AU.

To purchase an article, please email: [email protected] or contact us on 1300 304 195 (Australian customers) or +61 2 8587 7980 (international customers) during business hours (Mon-Fri, 8am-6pm AEST).

The latest issue of the Australian Law Journal (Volume 99 Part 5) contains the following material:

CURRENT ISSUES – Editor: Justice François Kunc

  • A Law School Caught Up in the “Culture Wars” or More?
  • Guest Contributions
  • A New Statutory Tort for Serious Invasions of Privacy
  • The Curated Page

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

AROUND THE NATION: TASMANIA – Editor: Justice Stephen Estcourt AM

RECENT CASES – Editor: Ruth CA Higgins SC

Articles

Can You Really Claim Privilege Over Evidence That You Have Served? Reconciling Conflicting Appellate Authority and Modern Case Management Principles – Anthony McInerney and Nicholas Bentley

Practitioners often assume that once an expert report is served, the letters of instruction and material provided to and relied upon by the expert should be disclosed before the hearing. Similar assumptions arise with evidentiary statements that set out the substance of legal advice. However, conflicting intermediate appellant authority cast doubt on such assumptions and throw light on the tension between (1) case law suggesting that there is no waiver of privilege over such material when served and (2) the case management principles expressed in ss 56–60 of the Civil Procedure Act 2005 (NSW) and ss 37M–37P of the Federal Court of Australia Act 1976 (Cth). This article explores the case law concerning whether served evidence, and any underlying documents, are no longer subject to client legal privilege and attempts to identify a consistent approach that can be followed in the Federal and State courts based on modern case management principles.

An Update on Australia’s Anti-Money Laundering Act – Dr Brendon Murphy

The Australian Parliament has recently introduced major changes to the regulation of the legal profession. Those changes will be implemented through amendments to the Anti- Money Laundering and Counter Terrorism Financing Act 2006 (Cth). This article provides an overview of the AML regime as will apply to the legal profession. The legislation is complex, with a considerable number of unknowns. For the purposes of this article the review will focus largely on key amendments.

The Welfare of Australians – Part 1 – Donald Robertson

The recent introduction of a system of compulsory notification of certain acquisitions – a “suspensory administrative system” which is a form of public administration termed the ‘administrative state’ – brings into focus the proper meaning of the object of the Competition and Consumer Act 2010 (Cth), especially the phrase “the welfare of Australians”. This phrase guides all relevant determinations under the compulsory notification regime. The meaning of that phrase is considered through an historical, comparative and purposive approach to interpretation. Because this is a form of economic legislation it requires that both the legal and economic background be examined. That meaning encompasses a broad range of societal elements that make up the totality of Australians. In this first part, the legal and economic background is discussed. A second part will discuss and apply the interpretative principles relevant to legislation which has “mixed economic and legal content”

OBITUARY

For the PDF version of the table of contents, click here: New Westlaw Australia – ALJ Vol 99 No 5 Contents

Click here to access this Part on New Westlaw AU

For general queries, please contact: [email protected].