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The latest issue of the Australian Law Journal (Volume 99 Part 10) contains the following material:

CURRENT ISSUES – Editor: Justice François Kunc

  • The Australian Law Reform Commission Turns 50
  • International Day for Judicial Well-being – 25 July
  • Section Editor News
  • The Dangers of Perfectionism
  • The Duty to End Perfectionism: Ethical, Cognitive, and Legal Implications of Lawyer Burnout
  • The Curated Page

CONVEYANCING – Editors: Robert Angyal SC and Brendan Edgeworth

EQUITY AND TRUSTS – Editor: Aryan Mohseni

STATUTORY INTERPRETATION – Editor: John Basten KC

THE LEGAL OBSERVER – Editor: Michael Pelly

Articles

Civility – MG Hinton KC

In 2024, the South Australian Equal Opportunity Commissioner conducted a follow-upreview of a 2021 Report into harassment in the South Australian Legal Profession. Where the 2021 Report considered that bullying was as prevalent as sexual and discriminatory harassment, the 2024 Report found that two in every five respondents to the review had experienced bullying in the three years since 2021. One in five respondents said their bully was a judicial officer. One of the drivers facilitating bullying was identified by the Commissioner as incivility. In this article the author analyses what civility is and the centrality of civility to the practise of law and the administration of justice, hypothesising that addressing the more easily recognisable incivility will go a considerable way to addressing bullying.

The Proper Purpose Rule: Preventing Law’s Intentional Abuse – Dr Jessica Hudson

This article examines the equitable doctrine of fraud on a power, increasingly referred to as the proper purpose rule. The rule performs a basic rule of law commitment to prevent law’s abuse. Yet, there is much about it that is uncertain, such as whether the rule operates on purpose or motive; imposes an objective or subjective standard; has the effect of voidness or voidability; and its relationship with other rules such as good faith and fiduciary loyalty. This article aims to resolve some of these uncertainties by examining the rule across private and public powerholding arrangements. This broader perspective shows the rule is a consistent response to the same basic problem arising throughout a legal system: the intentional abuse of legal power. Also, apparent inconsistencies and uncertainties can be made sense of according to the specific context, the type of power and way in which power is devolved.

BOOK REVIEW – Editor: Angelina Gomez

PERSONALIA – Editor: Saskia O’Neill

  • Commonwealth
  • Justice Samuel Vandongen
  • Justice Cameron Moore
  • Justice Nicholas James Owens
  • Justice James Stellios
  • Justice Houda Younan
  • Justice Elizabeth Bennett
  • Justice Erin Jane Longbottom
  • Justice Amelia Wheatley
  • Sir Guy Green AC KBE CVO
  • New South Wales
  • Senior Counsel Appointments
  • South Australia
  • Senior Counsel Appointments

For the PDF version of the table of contents, click here: New Westlaw Australia – ALJ Vol 99 No 10 Contents

Click here to access this Part on New Westlaw AU

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