Update Summaries

Insolvency Law Journal update: Vol 30 Pt 1

By journalalerts on June 16, 2022

The latest Part of the Insolvency Law Journal includes the following articles: "Revisiting the Amerind Appeal – Consequences for Insolvent Trustees of More than One Trust", Christopher Chiam; and "Disclaiming Hazardous Property: The Crown, the Insolvent Company, and the 'Occupier' Liquidator: Who Will Claim It?", Dr Maria Dolhare. Also in this Part are the following sections: Editorial; Recent Developments: "Resolving Problems With Insolvent Corporate Trustees – Some Suggestions for Consideration", Dr Garry J Hamilton and Dr David Morrison; New Zealand Report: "The Fit and Proper Person Standard Under the Insolvency Practitioners Regulation Act 2019 (NZ)"; and Book Review: "Special Leave to Appeal", by David O'Brien – Reviewed by David Morrison.

Posted In: Insolvency Law Journal (Insolv LJ) Tagged: articles Christopher Chiam David Morrison David O'Brien Disclaiming Hazardous Property The Crown the Insolvent Company and the Occupier Liquidator Who Will Claim It? Dr David Morrison Dr Garry J Hamilton Dr Maria Dolhare Editorial Insolvency Law Journal New Zealand Report recent developments Resolving Problems With Insolvent Corporate Trustees Some Suggestions for Consideration Revisiting the Amerind Appeal Consequences for Insolvent Trustees of More than One Trust Special Leave to Appeal The Fit and Proper Person Standard Under the Insolvency Practitioners Regulation Act 2019 (NZ); Book Review

Australian Intellectual Property Journal update: Vol 32 Pt 3

By journalalerts on June 6, 2022

The latest Part of the Australian Intellectual Property Journal includes the following articles: "Should the Australian Distinctiveness Test Focus More on Consumer Perception? Lessons from Geographical Trade Marks" – William van Caenegem and Kana Nakano; "Generic Trade Marks: Could Booking.com and the Goods/Services Dichotomy Create a New Generic Headache?" – Paul Nolan; and "Civil Society’s Meaningful Engagement in the Patent System for a More Profound Real-World Impact" – Muhammad Zaheer Abbas. Also in this Part is the following section: Editorial.

Posted In: Australian Intellectual Property Journal (AIPJ) Tagged: AIPJ articles Australian Intellectual Property Journal Australian Trade Mark Law booking.com Cantarella civil society civil society organisations Civil Society’s Meaningful Engagement in the Patent System for a More Profound Real-World Impact community engagement in the patent system community organisations consumer perception Copyright Act 1988 (Cth) David Brennan David Lindsay Dianne Nicol dichotomy between goods and services digital era distinctiveness test Editorial equitable access to health technologies European Union law generic .com mark generic ab initio generic trade marks Generic Trade Marks: Could Booking.com and the Goods/Services Dichotomy Create a New Generic Headache? genericide genericism genericism challenge genericness geographical term geographical trade mark geographical trade mark cases geographical trade marks goods/services dichotomy Kana Nakano Muhammad Zaheer Abbas new generic headache overuse patent patent exclusivity patent opposition patent opposition procedural safeguard patent system patents Paul Nolan public interest registered geographical indication requisite techno-legal capacity Should the Australian Distinctiveness Test Focus More on Consumer Perception? Lessons from Geographical Trade Marks test of distinctiveness trade mark law trade marks trademarks United States law United States Patent and Trade Mark Office v Booking.com BV William van Caenegem

Australian Journal of Administrative Law update: Vol 29 Pt 1

By journalalerts on May 27, 2022

The latest Part of the Australian Journal of Administrative Law includes the following articles: "Proportionality in Administrative Law and Its Application to Victoria’s Proposed Pandemic Legislation" – Anthony Gray; "The Precautionary Principle and Judicial Decision Making in the COVID-19 Pandemic" – Katie Webber; "The Administrative Appeals Tribunal and The Drake Doctrine: How the AAT Treats Government Policy in NDIS Decisions as to 'Reasonable and Necessary Supports'" – Javier Cross. Also in this Part is an Editorial: "Three Giants of Australian Administrative Law Honoured" and a book review: "Information Rights" by Phillip Coppel QC – Reviewed by Moira Paterson.

Posted In: Australian Journal of Administrative Law (AJ Admin L) Tagged: AAT Administrative Appeals Tribunal Administrative Appeals Tribunal Act 1975 Administrative Decisions judicial review act 1977 Administrative Decisions Review Act 1997 AJ Admin L Anthony Gray articles book review canadian decisions COVID-19 Current issues data protection act 2018 Dennis Pearce disability discrimination act 1992 Djokovic case drake doctrine Editorial emergency management act 2005 government policy Greg Weeks information rights Javier Cross John McMillan judicial review applications jurisdictional error in sentencing Justice Pepper Katie Webber Matthew Groves Moira Paterson National Disability Insurance Scheme NDIS Act NDIS Rules palmer v western australia pandemic order Phillip Coppel QC Professor Paul Daly Proportionality in Administrative Law and Its Application to Victoria’s Proposed Pandemic Legislation public health and wellbeing act 2008 public health and wellbeing amendment pandemic management bill 2021 Recent cases review of administrative decisions Robin Creyke Sarah Lim Steven Gardiner The Administrative Appeals Tribunal and The Drake Doctrine: How the AAT Treats Government Policy in NDIS Decisions as to Reasonable and Necessary Supports The Precautionary Principle and Judicial Decision Making in the COVID-19 Pandemic Three Giants of Australian Administrative Law Honoured visa cancellation Wednesbury

Building and Construction Law Journal update: Vol 37 Pt 4

By journalalerts on May 24, 2022

The latest Part of the Building and Construction Law Journal includes the following article: Cardinal Change and the Decision in Wegan Constructions Pty Ltd v Wodonga Sewerage Authority – Dr Richard Manly QC. Also in this Part are the following sections: Editorial: "The Growth in Commercial Arbitration and Opportunities for Construction Lawyers"; and Reports on the following cases: Hub Street Equipment Pty Ltd v Energy City Qatar Holding Co; Lahey Constructions Pty Ltd v The State of New South Wales; Bandelle Pty Ltd v Sydney Capitol Hotels Pty Ltd; Oikos Constructions Pty Ltd v Ostin (No 2).

Posted In: Building and Construction Law Journal (BCL) Tagged: Article BCL Cardinal Change and the Decision in Wegan Constructions Pty Ltd v Wodonga Sewerage Authority commercial arbitration Compensation Orders Construction Lawyers Dr Richard Manly QC Editorial Hub Street Equipment Pty Ltd v Energy City Qatar Holding Co Lahey Constructions Pty Ltd v The State of New South Wales Michael Christie SC Nuala Simpson Oikos Constructions Pty Ltd v Ostin (No 2) Reports Requirements for Compensation Orders and the Rescissionary Analogue: Jonval Builders Pty Ltd v Commissioner for Fair Trading (NSW) Stephen Puttick

Journal of Law and Medicine update: Vol 29 Pt 1

By journalalerts on May 24, 2022

This Part of the Journal of Law and Medicine includes the following articles: "Protection, Prevention or Punishment? A Cross-Jurisdictional Analysis of Regulatory Immediate Action against Medical Practitioners" – Owen M Bradfield, Matthew J Spittal and Marie M Bismark; "Criminal Convictions of Disciplined Health Practitioners in New Zealand" – Lois Surgenor, Kate Diesfeld, Marta Rychert, Olivia Kelly and Kate Kersey; "Voluntary Assisted Dying by Practitioner Administration Is Not Suicide: A Way Past the Commonwealth Criminal Code?" – Katrine Del Villar, Ben P White, Eliana Close and Lindy Willmott; "Exploring the Adjudication of Methamphetamine-related Housing Contamination Cases in New Zealand" – Claudia Denisse Sanchez Lozano, Chris Wilkins and Marta Rychert; "Exploring Injured Persons’ Experiences of Engaging and Using Lawyers in Road Traffic Injury Compensation Claims" – Clare E Scollay, Becky Batagol and Genevieve M Grant; "Bile Duct Injuries as a Result of Cholecystectomy: An Australian Perspective" – Arthur Richardson, Helen Pham and Michael Hollands; "Fitness to Drive: A Smartphone Application for Doctors, Patients and the Driver Licensing Authority" – Grace S Went; "Using Cumulative Impact Assessment as a Smokescreen in New South Wales Alcohol Harm Reduction Laws: A Commentary" – Alison Ziller and Tony Brown; "Born with a Plastic Spoon in Their Mouth? – Substitution, Interchangeability, and Marketing of Biosimilars" – Rhiannon Bandiera, Elizabeth Handsley and David Lim; "In Vitro Fertilisation with Reception of Oocytes from Partner: A Transnational Case of Female Shared Biological Motherhood" – Matteo Gulino and Gianluca Montanari Vergallo; "Sweet and Sour: A Responsive Strategy to Strengthen Sugar-Sweetened Beverage Regulation in Australia" – Alexandra Finch; "Stigma, COVID and Health Status Related Discrimination under Nigeria Law" – Bankole Sodipo, Titilayo Aderibigbe and Daniel Ozoma; "An Evaluation within the Context of the Istanbul Protocol of the Medico-Legal Examinations of Turkish Detainees during the Recent State of Emergency in Turkey" – Alper Keten, Johannes Nicolakis, Ramazan Abacı and Aykut Lale; "What to Do in the Next Pandemic Outbreak: Natural Herd Immunity Versus Lockdown (Lessons Learned from COVID-19)" – Vera Lúcia Raposo; "Challenging the Myth That the Sexually Abused Female Child Must Have Genital Injuries" – Maryanne Lobo, Jennifer AS Smith and John AM Gall; and "Is It Time for Australia to Reassess Its Legislation on Human Embryo Experimentation?" – Francis J O’Keeffe, Margaret Somerville and George L Mendz.

Posted In: Journal of Law and Medicine (JLM) Tagged: adjudication processess Alexandra Finch Alison Ziller Alper Keten An Evaluation within the Context of the Istanbul Protocol of the Medico-Legal Examinations of Turkish Detainees during the Recent State of Emergency in Turkey Andrew Simon-Butler Angus Paterson Arthur Richardson articles Austroads Fitness to Drive Guidelines avoidable harm Aykut Lale Bankole Sodipo baseline testing Becky Batagol Bell v The Tavistock and Portman NHS Foundation Trust [2021] EWCA Civ 1363 Ben P White Bernadette McSherry Bile Duct Injuries as a Result of Cholecystectomy: An Australian Perspective bile duct injury Bioethical issues biological connection to their child biosimilar medicines blood-borne virus infection in Australian prisons book review Born with a Plastic Spoon in Their Mouth? – Substitution Interchangeability and Marketing of Biosimilars breaches international human rights law Challenging the Myth That the Sexually Abused Female Child Must Have Genital Injuries Cholecysetctomy Chris Wilkins claimant access to entitlements and shaping claimant experiences and outcomes in compensation settings Clare E Scollay Claudia Denisse Sanchez Lozano complementary and alternative medicine (CAM) Complementary Health Issues conflict in systems consumption of sugar-sweetened beverages COVID and Health Status Related Discrimination under Nigeria Law COVID-19 COVID-19 pandemic Criminal Code Act 1995 Criminal Convictions of Disciplined Health Practitioners in New Zealand Cumulative Impact Assessment (CIA) Daniel Ozoma David Lim defence of mental impairment to be abolished detention facilities diet Editorial Eliana Close Elizabeth Handsley embryo destruction emergency regulatory powers Ethical Issues in Commercialisation of Stem Cell Therapies: Mapping the Terrain ethics experience of health issues Exploring Injured Persons’ Experiences of Engaging and Using Lawyers in Road Traffic Injury Compensation Claims Exploring the Adjudication of Methamphetamine-related Housing Contamination Cases in New Zealand failed application for judicial review female genital anatomy Fitness to Drive: A Smartphone Application for Doctors Francis J O’Keeffe From then to now: Regulatory Theory and Complementary and Alternative Medicine Practice in Australia Genevieve M Grant George L Mendz Gianluca Montanari Vergallo Gillick-competency Grace S Went Health Practitioners Disciplinary Tribunal (HPDT) Helen Pham herd immunity homosexual couples hormone treatment for minors human embryo experimentation Human rights law and the defence of mental impairment Ian Freckelton In Vitro Fertilisation with Reception of Oocytes from Partner: A Transnational Case of Female Shared Biological Motherhood Independent Liquor and Gaming Authority (ILGA) interchangeable intercourse Is It Time for Australia to Reassess Its Legislation on Human Embryo Experimentation? Istanbul Protocol J Hider Jennifer AS Smith Johannes Nicolakis John AM Gall Julian Koplin Kate Diesfeld Kate Kersey Katrine Del Villar Legal issues legalised voluntary assisted dying (VAD) Lindy Willmott lockdowns Lois Surgenor Malcolm Smith malpractice cases Margaret Somerville Marie M Bismark Marta Rychert Maryanne Lobo Matteo Gulino Matthew J Spittal medical examination procedures medical fitness to drive Mental Health Law Issues Michael Hollands Michael Weir minor's capacity minors and gender dysphoria moral status of human embryos needle and syringe program (NSP) Needle and syringe programs in prisons: Victoria's "Problematic" Policy Position New Zealand New Zealand Tenancy Tribunal Nigeria no mandatory reporting system in Victoria non-pharmaceutical approaches to control pandemics Novak Djokovic NSW Liquor Act obesity-related disease Olivia Kelly Owen M Bradfield Pandemics Polycentricity and Public Perceptions: Lessons from the Djokovic Saga Patients and the Driver Licensing Authority Personal Effects pharmaceutical marketing police intervention political science scholarship practitioner-administered VAD presence of children Prevention or Punishment? A Cross-Jurisdictional Analysis of Regulatory Immediate Action against Medical Practitioners prison-based NSP protection provision of health services puberty public health public interest publish health law issues quarantines RA Jensen Ramazan Abacı rates and types of criminal convictions encounted by NZ's HPDT reception of oocytes from partner (ROPA) residential methamphetamine contamination Rhiannon Bandiera right to equal treatment before the law safe-use guidance in prisons sampling methodology serious consequences for prisoner health sexual response sexually abused social impact assessment South Australia and Queensland St Martin's Press stem cell research stem cell therapies sterile injecting equipment Stigma stigmatisation substitution suicide Sweet and Sour: A Responsive Strategy to Strengthen Sugar-Sweetened Beverage Regulation in Australia symptomatic gallstones Tasmania Titilayo Aderibigbe Tony Brown Transgender Minors and the Commencement of Hormone Treatment for Gender Dysphoria: Is recent English case law likely to influence the Australian legal position transnational shared motherhood turkey United Kingdom United Kingdom Warnock Committee United Nations Convention on the Rights of Persons with Disabilities (CRPD) United States Department of Health Education and Welfare Ethics Advisory Board unscrupulous medical practitioners Using Cumulative Impact Assessment as a Smokescreen in New South Wales Alcohol Harm Reduction Laws: A Commentary Vera Lúcia Raposo Victoria Victorian Charter of Human Rights and Responsibilities Voluntary Assisted Dying by Practitioner Administration Is Not Suicide: A Way Past the Commonwealth Criminal Code? Western Australia What to Do in the Next Pandemic Outbreak: Natural Herd Immunity Versus Lockdown (Lessons Learned from COVID-19)

Criminal Law Journal update: Vol 46 Pt 1

By journalalerts on May 24, 2022

The latest Part of the Criminal Law Journal includes an Editorial by Stephen Odgers on the "Special Leave to Appeal". This part includes the following articles: "The High Court on Crime in 2021: Analysis and Jurisprudence" – Stephen Odgers; "When They Refuse: Encryption, Production Orders and Sentencing for Non-Compliance" – Daniel Hochstrasser; "Sentencing Developments in the United States in 2021: The Transition Year" – Mirko Bagaric and Jennifer Svilar; "Sentencing Review 2020-2021" - Lorana Bartels; and a Case and Comment, "Recklessness in Criminal Law: Possibilities and Probabilities" - James O'Hara.

Posted In: Criminal Law Journal (Crim LJ) Tagged: articles Case and Comment Crim LJ Daniel Hochstrasser Digest of criminal law cases Editorial James O’Hara Jennifer Silvar Lorana Bartels Mirko Bagaric Recklessness in Criminal Law: Possibilities and Probabilities Sentencing Developments in the United States in 2021: The Transition Year? Sentencing Review 2020-2021 Special Leave to Appeal Stephen Odgers The High Court on Crime in 2021: Analysis and Jurisprudence When They Refuse: Encryption Production Orders and Sentencing for Non-compliance

Australian Journal of Competition and Consumer Law update: Vol 30 Pt 1

By journalalerts on April 27, 2022

*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]…

Posted In: Australian Journal of Competition and Consumer Law (AJCCL) Tagged: Access to Services Adrian Coorey AJCCL Analysis of the ACCC’s 2021 Ad Tech Report articles case notes DBCT Management Pty Ltd v Treasurer and Minister for Infrastructure and Planning (Qld) [2021] QSC 335 – Interpretation of Criterion (a) Declaratory Orders for Breach of the ACL: Relevant Principles Editorial Holly Raiche John Hedge Justice Michael Wigney Kevin Edmund Lindgren AM QC FAAL Niloufer Selvadurai Practice and Procedure in the Criminal Jurisdiction of the Federal Court of Australia Sir Ian Barker QC Telecommunications

Insolvency Law Journal update: Vol 29 Pt 4

By journalalerts on March 29, 2022

The latest Part of the Insolvency Law Journal includes the following articles: "A Descry of Pt XIV of the Bankruptcy Act: Bankruptcy Offences Committed by Australian Bankrupts" – Christopher Symes; and "Part 5.3B: Move along Folks, Not Much to See Here" – David Morrison. Also in this Part are the following sections: Editorial; Recent Developments: "CATSI Act Insolvency Reform – Update"; "Section 468 of the Corporations Act 2001: Broad Reach but Limited Application?" – Alexander Schatz; "Can the Official Receiver Accept a Debtor’s Petition Presented on Behalf of Mentally Incapacitated Debtors?" – Alice Robertson; and "Register Your Security Interest or Face the Consequences: Re Holdco Pty Ltd (Administrators Appointed) (No 2)" – Patrick Quirk; New Zealand Report: "Creditors and Trustees"; and Book Review: "Research Handbook on Corporate Restructuring", by Paul Omar and Jennifer Gant (eds) – Reviewed by David Morrison.

Posted In: Insolvency Law Journal (Insolv LJ) Tagged: A Descry of Pt XIV of the Bankruptcy Act: Bankruptcy Offences Committed by Australian Bankrupts Alexander Schatz Alice Robertson articles book review Can the Official Receiver Accept a Debtor's Petition Presented on Behalf of Mentally Incapacitated Debtors? CATSI Act Insolvency Reform – Update Christopher Symes Creditors and Trustees David Morrison debtor in possession rules Dr David Morrison Editorial Insolv LJ insolvency practitioners Jennifer Gant (eds) New Zealand Report Part 5.3B: Move along Folks Not Much to See Here Patrick Quirk Paul Omar Professor Lynne Taylor Pt 5.3B of the Corporations Act 2001 (Cth) recent developments Register Your Security Interest or Face the Consequences: Re Holdco Pty Ltd (Administrators Appointed) (No 2) Research Handbook on Corporate Restructuring Section 468 of the Corporations Act 2001: Broad Reach but Limited Application? simplified debt restructuring small business Voluntary Administration provisions in Pt 5.3A

Journal of Judicial Administration update: Vol 31 Pt 3

By journalalerts on March 29, 2022

The latest Part of the Journal of Judicial Administration includes the following articles: "Magistrates' Experiences of Judicial Supervision in Mainstream Courts" – Michael D Trood, Benjamin L Spivak, Diane Sivasubramaniam and Stephane Shepherd; "Lessons from a Failed Court Reform: The Cautionary Tale of the 2009 New Zealand District Courts Rules" – Bridgette Toy-Cronin; "The Use of Artificial Intelligence in the Judiciary and Its Compliance with the Right to a Fair Trial" – Kalliopi Terzidou; and "The Relational Dimensions of Procedural Fairness in a Tribunal Setting" – Therese MacDermott, Denise Meyerson, Catriona Mackenzie and Danielle Moon.

Posted In: Journal of Judicial Administration (JJA) Tagged: articles Artificial Intelligence (AI) applications automation of administration of justice Benjamin L Spivak Bridgette Toy-Cronin Catriona Mackenzie challenges of mainstream courts considerable issues displayed by AI Danielle Moon Denise Meyerson Diane Sivasubramaniam easy-to-use court forms fair treatment in interactions with legal and other authorities form design history of the reform development and withdrawal how Tribunal Members practice legal rules of procedural fairness interview and survey of Victorian magistrates regarding their use and experience of judicial supervision JJA judicial oversight Kalliopi Terzidou Lessons from a Failed Court Reform: The Cautionary Tale of the 2009 New Zealand District Courts Rules Magistrates' Experiences of Judicial Supervision in Mainstream Courts Michael D Trood move to evidence-based civil justice reform New Zealand Rules Committee normative dimensions of procedural fairness opaqueness and unfair bias due to defective designing of algorithms opportunities and risks of AI technology for court users opportunities for the improvement of access to courts people's procedural fairness judgements problem-solving court proposed and developed applications of AI by European judiciaries under the right to a fair trial social psychology literature Stephane Shepherd testing and evaluation of reforms The Relational Dimensions of Procedural Fairness in a Tribunal Setting The Use of Artificial Intelligence in the Judiciary and Its Compliance with the Right to a Fair Trial Therese MacDermott

Public Law Review update: Vol 32 Pt 4

By journalalerts on March 29, 2022

The latest Part of the Public Law Review contains the following articles: "An Analysis of the Enforcement of Duties Owed by Public Sector Officials" – Benjamin B Saunders and David Lau; "Cyberspace as a Place of Protest and the Constitutional Implied Freedom of Political Communication" – Dr Jacob Deem and Dr Alexandra McEwan; and "The Significance of the Defence Force Discipline Appeal Tribunal: Analysis of Its Activity over Four Years" – Pauline Collins. This Part also includes the following sections: Comments: "Samoa’s Constitutional Crisis of 2021: The Troubling Case(S) of Art 44(1a)" – Dylan Asafo; "A Comment on the Takutai Moana Act 2011 (NZ)" – Dr Alex Frame; "Confidentiality and the National Cabinet" – Dr David Tan; and "COVID-19, the Principle of Legality and the 'Legislative Bulldozer' of the Biosecurity Act 2015 (Cth): Newman v Minister for Health and Aged Care" – Samuel Walpole and William Isdale; Speech: "Communist Party Case: Core Themes and Legacy" – The Hon Justice Michelle Gordon AC; and Developments.

Posted In: Journals Tagged: A Comment on the Takutai Moana Act 2011 (NZ) ag-gag provisions An Analysis of the Enforcement of Duties Owed by Public Sector Officials articles Benjamin B Saunders breach of a public sector duty Comments Commissioner of Police (NSW) v Gray Communist Party Case: Core Themes and Legacy Confidentiality and the National Cabinet consequences of cyberspace as place for political communication corporate sector standards COVID-19 the Principle of Legality and the Legislative Bulldozer of the Biosecurity Act 2015 (Cth): Newman v Minister for Health and Aged Care Criminal Code Act 1995 (Cth) current challenges for justice and the rights of military personnel Cyberspace as a Place of Protest and the Constitutional Implied Freedom of Political Communication Dan Meagher David Lau Defence Force Discipline Act 1982 (Cth) Defence Force Discipline Appeal Tribunal (DFDAT) Defence Force Discipline Appeals Act 1955 (Cth) deliberative democracy scholarship developments directors of government corporations Dr Alex Frame Dr Alexandra McEwan Dr David Tan Dr Jacob Deem duties of public officials and directors of public sector entities Dylan Asafo hearings for service offences by Australian Defence Force personnel legal geography military discipline officials under public sector legislation Pauline Collins PLR protests in cyberspace public governance duties public sector governance Samoa's Constitutional Crisis of 2021: The Troubling Case(S) of Art 44(1a) Samuel Walpole Speech strengthening public governance in Australia The Hon Justice Michelle Gordon AC The Significance of the Defence Force Discipline Appeal Tribunal: Analysis of Its Activity over Four Years William Isdale

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