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The latest issue of the Australian Law Journal (Volume 100 Part 3) contains the following material:

CURRENT ISSUES – Editor: Justice François Kunc

  • Responding to the Bondi terrorist attack
  • Royal Commission on Antisemitism and Social Cohesion
  • New Commonwealth legislation
  • New South Wales
  • Australian Capital Territory
  • Victoria
  • South Australia’s new Chief Justice
  • 40 years of Australia’s (complete) independence
  • The Curated Page

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

EQUITY AND TRUSTS – Editor: Aryan Mohseni

INTERNATIONAL FOCUS – Editor: Devon Whittle

PERSONALIA – Editor: Saskia O’Neill

  • New South Wales
  • Queensland
  • Victoria

Articles

Criminalising Nazi Symbols: Comparing Australian And German Legal Prohibitions – Madeleine Hale and Phoebe Galbally

This article explores the Australian prohibitions on Nazi symbols. In finding that their limited scope constitutes a reasonable limitation on harmful expression, it considers why these prohibitions were enacted long after the Holocaust, in a jurisdiction geographically removed from the birthplace of Nazism.

Ghost In The Machine: The Limits Of Systems Intentionality To Prove Corporate Intent – Shane Herbst and Kanaga Dharmananda SC

The Systems Intentionality model of corporate responsibility seeks to construe a corporation as having a mind of its own, distinct from any natural person’s mental state. It posits that a corporation’s mind resides in its systems, policies and practices. Despite its positive features, the model is presently unsuitable for use in ascertaining or proving corporate knowledge or intent, because it asserts that a corporation knows things which it does not. It could lead to unfair corporate liability by penalising responsible and compliant corporations, leaves unanswered questions about how legacy systems are to be treated, and is unlikely to lead to better corporate regulation.

Regulating Online Hate Speech In Australia –Vicki Waye

Hate speech is a scourge that undermines social cohesion and civic discourse. Online hate speech which facilitates the spread of invective at lightning speed around the globe is especially problematic. There are strong views that online hate speech is currently under-regulated in Australia. This article explores whether the Online Safety Act 2021 Cth should be amended to enable online platforms to be made responsible for the hate speech they publish and disseminate.

BOOK REVIEWS – Editor: Angelina Gomez

  • Gerard Brennan’s Articles and Speeches
  • Roman Law Under the Southern Cross

For the PDF version of the table of contents, click here: New Westlaw Australia – ALJ Vol 100 No 3 Contents

Click here to access this Part on New Westlaw AU

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