By journals.team on August 2, 2013
The August Part of the Australian Law Journal publishes the following articles: "Judicial stress and judicial bullying" – Hon Michael Kirby AC CMG; "The Victorian Bar: Some history and a little lore" – Hon Peter Heerey AM QC; "Issues and challenges in settling class actions" – Ken Adams; "Corporations and the aggregation of knowledge" – Andrew Eastwood. Not to be missed!
By journals.team on August 2, 2013
The July 2013 issue of The Tort Law Review includes an article by Swati Jhaveri uses wrongful conceptions as a case study to illustrate judicial strategies in recognising new areas for recovery in negligence, an article by Charles Feeny which considers the state of the law in relation to mesothelioma claims and an article by Sarah Alexandra Holloway that asks whether a plaintiff recover for loss of a less than even chance in medical negligence cases after Tabet v Gett.
By journals.team on August 2, 2013
The latest Part of the Family Law Review includes two interesting articles and several section notes. The first article comes from Michael Nicholls QC and describes the rules about jurisdiction, applicable law, recognition and enforcement in the 1996 Hague Child Protection Convention and the effect of them on cases in Australia. The second article is by David Fryer who assesses a parent’s ability to protract proceedings within family law litigation by knowingly making a false allegation of sexual abuse against the other parent. There is also an International Family Law section about surrogacy in California, a book review comments on the following recent cases: Roda v Roda, Craig v Rowlands, Valentine v Lacerra, Wilson v Wilson.
By journals.team on August 2, 2013
The latest Part of the Australian Tax Review includes the following articles: "Part IVA: An international perspective" – A H Slater; "Prior to being bankrupt, superannuation is a claimable asset – characterising and shaping the nature of a member’s interest" – Peter Bobbin; and "CGT event K7 provides loss recognition for personal consumption expenditure: History, anomalies and policy basis" – Dale Boccabella. There is also a review of the book "Incentivising Employees: The Theory, Policy and Practice of Employee Share Ownership Plans in Australia".
By journals.team on August 2, 2013
The latest Part of the Building and Construction Law Journal publishes the following articles: "PPSA and construction law" – Matthew Broderick; "Common exclusions to liability caps in construction contracts: Gross negligence, fraud and wilful misconduct" – Roman Rozenberg and Cameron Ross; and "Subsequent purchasers and defective buildings: Making a case for greater clarity in Australia" – Rami Marginean. There is also a Report: Cordon Investments Pty Ltd v Lesdor Properties Pty Ltd.
By journals.team on July 24, 2013
The latest Part of the Journal of Civil Litigation and Practice includes three interesting articles on different topics. The first article is by The Honourable Justice PA Bergin and looks at the objectives, scope and focus of mediation legislation in Australia. The second article comes from Tania Sourdin and Naomi Burstyner, who explore the impact of pre-action requirements on civil litigation. The final article, by Marilyn Krawitz, argues that uniform, standalone national guidelines about lawyers’ social media use are necessary. There is also a Comments section and a case note about Aquila Coal Pty Ltd v Bowen Central Coal Pty Ltd [2013] QSC 82.
By journals.team on July 24, 2013
The latest Part of the Australian Law Journal includes the following articles: "The judicial herd: Seduced by suave glittering phrases?" – Hon Peter Heerey AM QC; "Company directors as “super-fiduciariesâ€" – Michael Pearce SC; and "The categories of waiver" – Jeremy Stoljar. There are also several sections notes, including: Current Issues; Conveyancing and Property, Overseas Law; Personalia; and Recent Cases.
By journals.team on July 24, 2013
The August 2013 issue of the Journal of Judicial Administration publishes four interesting articles. In the first article, Chief Justice French reflects on the task of defining courts and distinguishing them from other decision-making bodies. The second article, by Marilyn Krawitz, discusses issues regarding Australian judges’ use of social media. The third article comes from Lorana Bartels and Jessica Lee and considers the use of social media by jurors during the trial and deliberation processes. The final article, by Anthony Gray and Gerard Elmore, is a follow-up to an article originally published by the same authors in 2012 and looks at the constitutionality of minimum mandatory sentencing regimes. Not to be missed!
By journals.team on July 4, 2013
The latest Part of the Australian Law Journal includes the following articles: "Do the Law Lords bind lower courts?" – Oliver Jones; "Building management statements and strata management statements: Unholy mixing of contract and property" – Cathy Sherry; "Civil penalties and procedural protections" – Matthew Lees; and "Contract, confidence, and the fiduciary relationship" – Lee Aitken. Also in this Part are the following sections: Current Issues, Conveyancing and Property, and Recent Cases.
By journals.team on July 4, 2013
The latest Part of the Insolvency Law Journal publishes the following articles: "Demanding a change: Time to act on statutory demands" – Colin Anderson and Catherine Brown; "Enforcing rights under the PPSA: Honestly and in a commercially reasonable manner" – Susan Colley; and "Development of bankruptcy process in the late Republic and its relationship to modern bankruptcy" – Michael Quilter. There is also a Recent Developments section and a Report from New Zealand. Not to be missed!