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The latest issue of the Australian Law Journal (Volume 91 Part 10) contains the following material:

CURRENT ISSUES – Editor: Justice François Kunc

  • Australian Marriage Law Postal Survey
  • Modern Slavery
  • Busy Month for the NSW Bar Association
  • Strategic Plan
  • Statutory Senility Revisited
  • Same-Sex Marriage Law Reform

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

  • Recent Appellate Decisions on Joint Tenancies and Native Title
  • How Much is Native Title Worth?

AROUND THE NATION: VICTORIA – Editor: Justice Clyde Croft

  • Regulation of Professions: Charitable?

COMPETITION AND CONSUMER LAW – Editor: Robert Baxt AO

  • Continuing “Furore” over Moral Obloquy and Unconscionability

RECENT CASES – Editor: Ruth C A Higgins

  • Estoppel: Conventional Estoppel – Detriment – Contract – Proprietary Estoppel – Equity – Equitable Remedies

Articles

Conscience, Fair-Dealing and Commerce: Parliaments and the Courts – Chief Justice James Allsop AO

While commerce is an activity typically driven by self-interest, its proper functioning is underpinned by values of trust and co-operation, honesty, reasonableness, fairness and certainty. This article looks to the sources and nature of the values that underpin commercial life and their expression in commercial law through the development of certain principles and rules of the common law, Equity and Admiralty. These include the way in which contractual good faith or fair-dealing might be seen and engaged as an organising or informing principle of commercial law; notions of fairness in maritime law; conscience and unconscionability in the operation of equitable doctrine; and the development of a business or trade conscience in statutory provisions, including in consumer law.

The Decline and Fall of Australia’s Law Reform Institutions – And the Prospects of Revival – Hon Michael Kirby AC CMG

Drawing on the history of judicial and institutional law reform in Australia and other common law countries, the author recalls the heyday of the law reform commissions (LRCs) in the 1980s-1990s. He then describes the decline in the size, activities and support for LRCs in Australia. He postulates the reasons for this decline and the resulting diminution in professional, academic and public involvement in law reform. The particular seriousness of this development in Australia is suggested and the need to reinvest in LRCs is urged. The prognosis is guarded.

BOOK REVIEWS – Editor: Angelina Gomez

  • The Critical Judgments Project – Re-reading Monis v The Queen by Gabrielle Appleby and Rosalind Dixon – reviewed by John Basten
  • The Duty to Account – Development and Principles by J A Watson – reviewed by Nuncio D’Angelo
  • Sir Frederick Darley: Sixth Chief Justice of New South Wales 1886-1910 by Dr J M Bennett AM – reviewed by Peter W Young AO QC
  • Music and the Law by Peter MacFarlane and Paraskevy Kontoleon – reviewed by George Palmer QC
  • Mason & Carter’s Restitution Law in Australia by Keith Mason, John Carter and Gregory Tolhurst – reviewed by Ben Kremer
  • Foreign Currency – Claims, Judgment and Damages by Michael Howard, John Knott and John Kimbell – reviewed by Nuncio D’Angelo

For the PDF version of the table of contents, click here: ALJ Vol 91 No 10 Contents.

Click here to access this Part on Westlaw AU

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