Update Summaries

Journal of Banking and Finance Law and Practice update: Vol 33 Pt 3

By journalalerts on July 4, 2023

The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles, section notes and book review: "Corrupt Benefits for Trustees and Others – The Scope of the Offence under s 249E of the Crimes Act 1900 (NSW)" – Allison Silink; "Regulating Buy-Now, Pay-Later Products under the National Consumer Credit Protection Act 2009 (Cth)" – Daniel Beratis; "INSOLVENCY LAW AND MANAGEMENT: A Double Dose of Insolvency Law from the High Court" – Lindsay Powers; "UNITED KINGDOM AND EUROPE: The New EU Proposal to Regulate the “Wild West” of Crypto" – Dr Matteo Solinas; and "BOOK REVIEW: Keay’s Insolvency: Personal and Corporate Law and Practice (11th ed) by Michael Murray and Jason Harris" – Reviewed by Stewart Maiden KC.

Posted In: Journal of Banking and Finance Law and Practice (JBFLP) Tagged: Allison Silink Analysis of the underlying purposes of the consumer credit framework Corrupt benefits for trustees Daniel Beratis EU proposal to regulate crypto Gregory Burton SC Insolvency law It is an offence to give a benefit to a person entrusted with property Jason Harris Keay’s Insolvency: Personal and Corporate Law and Practice (11th ed) Lindsay Powers Matteo Solinas mens rea of dishonest intention or acting “corruptly” Michael Murray National Consumer Credit Protection Act 2009 (Cth) (NCCPA) National Credit Code Regulating Buy-now Pay-later (BNPL) products risks and benefits of BNPL products Section 249E of the Crimes Act 1900 (NSW) Stewart Maiden KC

Australasian Dispute Resolution Journal update: Vol 32 Pt 3

By journalalerts on June 30, 2023

The latest part of the Australasian Dispute Resolution Journal contains Editorial by the General Editors David Spencer and Pauline Collins; ADR Cases Notes by David Spencer; the following articles: "Recognising and Responding to the Mental Health Needs of Family Law Clients" by Jemima Petch and Megan Morris; "International Arbitration in Australia: 2020/2021 in Review and Reflections on a Decade since Reform" by Albert Monichino KC and Alex Fawke; "Therapeutic Jurisprudence and Mediation: Natural Partners in Dispute Resolution" by Glen Cranwell; and concludes with "In Practice": "More to Learn - Consequences of Mandatory Mediation" by Emily Schindeler.

Posted In: Australasian Dispute Resolution Journal (ADRJ) Tagged: #COVID #Emily Schindeler #family law clients #Glen Cranwell #indemnity costs #Jemima Petch #Megan Morris #therapeudic jurisprudence Albert Monichino Alex Fawke commercial lease dispute resolution international arbitration mandatory mediation mediation mental health

Building and Construction Law Journal update: Vol 38 Pt 4

By journalalerts on June 29, 2023

The latest part of the Building and Construction Journal contains editorial by the general editor Michael Christie SC; articles, The Decommissioning Difference: Unique Challenges in Contracting for Decommissioning Projects, Trevor Thomas and Thomas Milner by Trevor Thomas and Thomas Milner, (Dis)Proportionate Liability, Insurance and the Design and Building Practitioners Regulation 2021 (NSW) by Jordan Davies, book review Contracts for Infrastructure Projects: An International Guide to Application (1st ed) by by Phillip Loots and Dr Donald Charrett reviewed by Dr Richard Manly KC; headnotes, Harlech Enterprises Pty Ltd v Beno Excavations Pty Ltd by Christopher Rowden and Tom Law, Equa Building Services Pty Ltd v KLG Trading Pty Ltd by Brienna Anderson, Lendlease Engineering Pty Ltd v Owners Corporations by Gretel Cannon, Keegan v Ballast Point Pty Ltd by Rhea Thrift

Posted In: Building and Construction Law Journal (BCL) Tagged: (Dis)Proportionate Liability Insurance and the Design and Building Practitioners Regulation 2021 (NSW) Article book review Brienna Anderson Christopher Rowden Contracts for Infrastructure Projects: An International Guide to Application (1st ed) Dr Richard Manly KC Equa Building Services Pty Ltd v KLG Trading Pty Ltd General Editor Gretel Cannon Harlech Enterprises Pty Ltd v Beno Excavations Pty Ltd Jordan Davies Keegan v Ballast Point Pty Ltd Lendlease Engineering Pty Ltd v Owners Corporations Michael Christie Rhea Thrift The Decommissioning Difference: Unique Challenges in Contracting for Decommissioning Projects Tom Law Trevor Thomas and Thomas Milner

Australian Journal of Competition and Consumer Law update: Vol 31 Pt 2

By journalalerts on June 28, 2023

The latest Part of the Australian Journal of Competition and Consumer Law includes the following articles: “Pay-for-delay” Arrangements in the Pharmaceutical Industry: How Will They Be Treated under Australian Competition Law? – Diana Biscoe, Rosie Finlayson and Andrew Christopher. Also in this Part are the following sections: Editorial: Fuel for Thought; Access to Services: Gas Pipeline Regulation Reforms (Again!) by John Hedge; Unconscionable Conduct and Codes of Conduct: Regulation of Self-regulation: Legal Consequences for Non-compliance with Nonprescribed Industry Codes of Conduct by Lucy Cameron; Case Note: Skippers, Skimmers and Readers: Australian Competition and Consumer Commission v Google LLC (No 2) by Melissa Camp; Tribunal Tableaux: The Australian Competition Tribunal in 2022 and 2023; Reflections: A Tougher Merger Law for Australia by Russell Miller AM; Report from Britain: Putting the Environment at the Heart of Competition Policy by Lisa Navarro; Report from Europe: European Union Commission Adopts Final Subsidies Regulation – A Brief Overview by Tom S Pick; Report from North America: The Market that Never Was: The Contested Acquisition of a Single Grain Elevator in Canada by Lisa Stockley

Posted In: Australian Journal of Competition and Consumer Law (AJCCL) Tagged: “Pay-for-delay” Arrangements in the Pharmaceutical Industry: How Will They Be Treated under Australian Competition Law? A Tougher Merger Law for Australia Andrew Christopher Case Note Christopher Hodgekiss SC Christopher Pleatsikas Deniz Kayis Diana Biscoe Editorial European Union Commission Adopts Final Subsidies Regulation – A Brief Overview Fuel for Thought Lisa Navarro Lisa Stockley Lucy Cameron Melissa Camp Putting the Environment at the Heart of Competition Policy Reflections Regulation of Self-regulation: Legal Consequences for Non-compliance with Nonprescribed Industry Codes of Conduct Report from Britain Report from Europe Report from North America Rosie Finlayson Russell Miller AM Skimmers and Readers: Australian Competition and Consumer Commission v Google LLC (No 2) Skippers The Australian Competition Tribunal in 2022 and 2023 The Market that Never Was: The Contested Acquisition of a Single Grain Elevator in Canada Tom Pick Tribunal Tableaux Unconscionable Conduct and Codes of Conduct

Insolvency Law Journal update: Vol 30 Pt 4

By journalalerts on June 28, 2023

Sequana decision in the UK Supreme Court discusses duties owed by directors to creditors of insolvent companies. The Corporate Insolvency Resolution Process (CIRP) was introduced in India seven years ago; is it successful in economic terms? Wage theft is a complicated problem and requires many solutions. Liquidators in New Zealand operate without requiring court approval but their conduct is still subject to supervision and challenge.

Posted In: Insolvency Law Journal (Insolv LJ) Tagged: Dan Butler KC directors' duties Dr David Morrison Economics efficiency EU law harmonisation Insolvency Keay's Insolvency Lynne Taylor Taylor wage theft welfare

Australian Law Journal update: Vol 97 Pt 5

By journalalerts on June 21, 2023

This Part of the Australian Law Journal includes the following articles: "Suing Foreign Defendants in Contract: Does a Court Have Jurisdiction Where the Contract May Not Exist?" by“ Dan Butler KC; "Compelling Production of a Defamatory Draft" by Michael Douglas; and "The Rule of Law in a Social Media Age" (Sir Francis Burt Oration 2022) delivered by Peter Quinlan CJ. It also contains the following sections: Current Issues: "The Aboriginal and Torres Strait Islander Voice"; "Climate Change and Corporations"; "War Crimes"; "More on AI and ChatGPT"; "The Emerging Artificial Intelligence (AI) and National Uniform Legislation" and "Hold the Date". Other sections include Family Law: "Never Mind the Lighthouse, What about the Rocks?"; International Focus "Torres Strait and Climate Change"; From the Law Schools: "Developments"; Admiralty and Maritime: "Origin or Development of Maritime Liens", and a book review of "Indigenous Aspirations and Structural Reform in Australia", by Harry Hobbs.

Posted In: Australian Law Journal, The (ALJ) Tagged: Admiralty and Maritime Angelina A Gomez book review Compelling Production of a Defamatory Draft Current issues Dan Butler Dr Damien J Cremean Dr Richard Ingleby Emeritus Professor David Barker family law From the law schools International focus Justice Kunc Michael Douglas Peter Quinlan CJ Prof Stuart Kaye Suing Foreign Defendants in Contract: Does a Court Have Jurisdiction Where the Contract May Not Exist? The Rule of Law in a Social Media Age Sir Francis Burt Oration 2022

Australian Tax Review update: Vol 52 Pt 1

By journalalerts on June 20, 2023

The latest Part of the Australian Tax Review's Special Issue on Tax Reform includes the following: "Introduction to Special Issues on Australian Tax Reform" – Ken Henry AC; "Tax Reform: Lessons from History" – Paul Tilley; "Income Taxation: An Institution in Decay – Still" – Graeme S Cooper; and "Design Options to Reform State Property Taxes" – John Freebairn.

Posted In: Australian Tax Review (AT Rev) Tagged: Asprey Review Australian Tax Reform Dale Pinto drafting style in tax legislation Graeme S Cooper John Freebairn Ken Henry AC Kerrie Sadiq lessons from tax history Paul Tilley reform package to replace conveyance duty and land taxes as well as special taxes on insurance State property taxes tax reform history

Australian Business Law Review update: Vol 50 Pt 6

By journalalerts on May 29, 2023

The latest Part of the Australian Business Law Review includes the following articles: "Hiring Agreements and the PPSA: Gold Valley Iron Pty Ltd (in liq) v OPS Screening and Crushing Equipment Pty Ltd" – Anthony Duggan; "Power Imbalance in the Sharing Economy Platform Technologies: Potential Solutions from Contract Law" – Juan Diaz-Granados and Benedict Sheehy; "The ESG Proposition for Start-ups and Venture Capitalists" – Laryssa Perkins; and "BOOK REVIEW: Learning to Litigate: A Guide for Young Lawyers, by Neil Williams SC and Alison Hammond" – Reviewed by Abinayan Thillainadarajah.

Australian Intellectual Property Journal update: Vol 33 Pt 3

By journalalerts on May 16, 2023

The latest Part of the Australian Intellectual Property Journal - Special Issue on IP After AI Part 2 - includes the following articles: "A House with Two Masters? Copyright Law and Originality in the Age of Artificial Intelligence" by Dilan Thampapillai and Andrew Ray; "“Pay No Attention to that Man behind the Curtain!”: Copyright, Authorship & Artificial Intelligence" by Daniela Simone; "I, Robot: Is IP Law Ready for the Age of AI? (Thaler and Other Provocations to Our Existing Systems)" by Louise Buckingham and Michael Williams; "Is AI Capable of Original Creativity? A Critical Discussion of the Real Impact of AI on IP Regulation" by Francina Cantatore and William Van Caenegem. Also in this Part is the following section: Editorial.

Posted In: Australian Intellectual Property Journal (AIPJ) Tagged: “behind the curtain” Age of AI AI AI and Copyright AI and copyright law protection AI and inventorship AI authorship AI capable of creativity? AI Ownership AI-augmented works AI-authored works AI-created works of art AIPJ Andrew Ray application of copyright’s authorship and joint authorship doctrines to creative processes involving AI articles artificial intelligence Artificial Intelligence and the Right to Communicate to the Public in Copyright Australian copyright law Australian intellectual property Australian Intellectual Property Journal Australian intellectual property law Australian IP authorship and AI authorship and artificial intelligence Can AI invent? Can AI inventions be protected under copyright laws? Can human creativity be defined? Can machines replicate human creativity? ChatGPT ChatGPT and intellectual property ChatGPT and intellectual property law ChatGPT and IP copyright Copyright Act 1968 (Cth) copyright law Copyright Law and Originality in the Age of Artificial Intelligence copyright law’s concept of authorship in the face of Artificial Intelligence (AI) Creativity crisis within copyright law Daniela Simone Data Mining David J Brennan David Lindsay deep-learning AI Dianne Nicol Dilan Thampapillai Dr Stephan Thaler EU Copyright Exceptions for Text and Data Mining existential angst over autonomous AI creation replacing human creativity framing AI systems in anthropomorphic terms obscured input of creators Gilbert + Tobin how ready are intellectual property (IP) laws for the AI revolution? human creativity and AI Human creativity is the foundation of all current intellectual property (IP) regulatory frameworks implications for originality input of those behind the curtain Intellectual Property After Artificial Intelligence intellectual property law interaction between AI and inventions and creations under existing IP laws IP After AI Is AI Capable of Creativity Is AI Capable of Original Creativity? Louise Buckingham Michael Williams music or written expression originality as gatekeeping entry into the copyright system Real Impact of AI on IP Regulation Special Issue Special Issue on IP After AI Part 2 Thaler whether AI has the legal personality necessary to qualify as an inventor or creator whether copyright should permit AI authorship whether machines can ever be creative in the human sense

Journal of Law and Medicine update: Vol 30 Pt 1

By journalalerts on May 9, 2023

*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] or cont…

Posted In: Journal of Law and Medicine (JLM) Tagged: “Pediatric” Drug Studies Might Be the Largest Abuse in Medical Research in History. It Is Time for Lawyers to Step In An Award of Damages for Commercial Surrogacy Overseas? Arie Loughnan Branwen S Morgan Can Doctors Be Compelled to Prolong the Life of a Dying Patient? The Ongoing Medical Cannabis and Methamphetamine Intoxication in Cases of Violent Offending Concussion and Chronic Traumatic Encephalopathy Deaths: Coroners’ Inquests as a Catalyst for Public Health Reforms David J Carter David Neubauer Earl B Ettienne Editorial Expert Diagnostic Evidence By Psychologists: Disciplinary Tensions and Admissibility Issues Forensic Assessments of Alcohol From Guardianship to Supported Decision-Making: Still Searching for True North? Gabrielle Wolf Hamish Robertson health law reporter How to Manage a Pandemic?: Decision-Making under the Public Health and Wellbeing Amendment (Pandemic Management) Act 2021 (Vic) Ian Freckelton AO KC Jane M Grant-Kels Joseph Briggs Klaus Rose Legal and Social Issues Legal issues Lisa Billington Margaret Brown Maurizio Labbate Michelle de Souza Mike O'Connor Mitchell K Byrne Modupe Adewale Monstrous Mothering: Understanding the Causes of and Responses to Infanticid Pasquale Striano Personal Data for Public Benefit: The Regulatory Determinants of Social Licence for Technologically Enhanced Antimicrobial Resistance Surveillance Russ Scott Stefan Goldfeder Steven P Djordjevic Tanjinatus Oishi Terry Carney AO Your Organ Is Mine: Rethinking Ownership Issues in 3D Bioprinting

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