Australian Law Journal update: Vol 98 Pt 12
By journalalerts on January 20, 2025
Tag: Admiralty and Maritime
Australian Law Journal update: Vol 98 Pt 6
By journalalerts on June 5, 2024
Posted In: Australian Law Journal, The (ALJ) Tagged: Admiralty and Maritime Contrasting Approaches to the Conferral of Jurisdiction in Admiralty Dr Damien Cremean Emily Vale Environment Law International focus Jessica Hudson Justice Kunc Justice Pepper Legislative Chickens or Litigation Eggs: Which Comes First in the Fight against Climate Change? New Security Agreements in the Pacific Professor Stuart Kaye The Hon Andrew Bell The Hon Margaret Beazley AC The Hon TF Bathurst AC The Role of Foreign Judges in the Pacific: Past Present and Future Trustee Succession and Indemnification
Australian Law Journal update: Vol 97 Pt 5
By journalalerts on June 21, 2023
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 Law Journal update: Vol 96 Pt 9
By journalalerts on October 13, 2022
Posted In: Australian Law Journal, The (ALJ) Tagged: A Referendum on the Voice Comes Closer Admiralty and Maritime Angelina A Gomez Book reviews Didi Hu Dr Damien J Cremean Dr Richard Ingleby Dr Ruth Higgins Emily Vale family law Hon Justice François Kunc Injuncting Unconscionable Calls of Demand Guarantees in Construction Industry: Comparative and Empirical Analyses of Australian Practices Judiciaries Upholding Judicial Independence in Pacific Island States Personalia Quistclose Trusts in the Privy Council Recent cases Samuel White Sea Pilots: Issues of Liability Taking the King’s Hard Bargain. The Rule of Law in the Pacific
Australian Law Journal update: Vol 96 Pt 5
By journalalerts on July 13, 2022
Posted In: Australian Law Journal, The (ALJ) Tagged: A Legal History for Australia Admiralty and Maritime Against Jury Comparisons ALJ ALJ sections Angelina Gomez Anne Twomey Anshun Estoppel in Family Law articles Book reviews Briefly Noted Clyde Croft constitutional law Contempt Convictions and Membership of Parliament Current issues Damien Cremean Drossos Stamboulakis family law Gary Edmond International and Australian Commercial Arbitration Justice François Kunc Libby Connors Marcus Harmes Marilyn Warren Nicholas Saady Perilous Ports Rethinking Lawyer Immunity Richard Ingleby Sarah McKibbin Tania Sourdin The Russian Invasion of Ukraine in International Law War on the European Continent
Australian Law Journal update: Vol 95 Pt 8
By journalalerts on September 10, 2021
Posted In: Australian Law Journal, The (ALJ) Tagged: A Financial Agreements Conundrum Aboriginal Australians and the Common Law Aboriginal identity and sovereignty Aboriginal interaction with the common law Admiralty and Maritime Admiralty and Maritime and the South China Sea ALJ articles Australia's New Foreign Relations Legislation Australian Legal Education – Moving Forward in 2021 colony of New South Wales contractual power Current issues Designing for Consumers Australian Competition and Consumer Commission v Google LLC (No 2) Dr Damien J Cremean Emeritus Professor David Barker Excluded: The Democratic Deficit in Interstate Border Closures Fabian Di Lizia family law From the law schools From the Law Schools – A New Editor International focus Justice AS Bell Justice François Kunc Lyria Bennett Moses Mabo v Queensland (No 2) possessory rights Professor Stuart Kaye property rights relief grant Rethinking COVID-19 State Border Closures Richard Ingleby Technology and the Law The Curated Page The Honourable Margaret Beazley AC QC The Requirement of Property or Possessory Rights for Relief against Forfeiture The Rise of the Anti-arbitration injunction
Australian Law Journal update: Vol 95 Pt 3
By journalalerts on March 26, 2021
Posted In: Australian Law Journal, The (ALJ) Tagged: Admiralty and Maritime Alison L Young ALJ Angelina Gomez articles Ben-Pelech v Royle: Adverse Possession Alive and Well in Western Australia Bernice Chen Book reviews Brendan Edgeworth Bruce M Debelle AO QC can the rules be repealed by ordinary motions in the two party rooms Church State and Family: Reconciling Traditional Teachings and Modern Liberties Constitutional Unwritten norms in the United States Conveyancing and property costs Courtroom Drama in England Crown and courts action in case of dispute regarding the rightful parliamentary leader Current issues Dr Damien J Cremean Dr Richard Ingleby Elizabeth Fisher equity and trusts family law Farah Constructions Pty Ltd v Say-Dee Pty Ltd From young to one by Proclamation Greg Taylor Interpreting Executive Power Janina Boughey Jeff King John Tarrant John Witte judicial function as being fundamentally adjudicative Justice François Kunc Justice John Sackar Justice Mark Leeming Leadership Spill Rules from the Constitutional Perspective legal enforceability of new rules Lisa Burton Crawford Lord Devlin lower court judgments M Scott Donald negligence Non-acceptance of Calderbank Letter Options for the Voice to Parliament Released Pell v The Queen Plaintiff Succeeded against Council and Trust but Failed against State and Grandparents Prue Vines public authorities Recent cases Rectification of Documents Robert Angyal SC rules increasing the security of tenure of federal parliamentary leaders Ruth C A Higgins SC Seriously Considering Seriously Considered Dicta: Precedent after Farah Constructions Statutory Interpretation in Private Law textualising precedent The Curated Page The Foundations and Future of Public Law Trial Judge Declined to Make Bullock or Sanderson Order Unacceptable Risk and Relevant Findings as to the Risk of Harm Victor Windeyer's Legacy – Legal and Military Papers When Is an Express Trust Not a Trust? Whether Error in Failing to Find That Council Caused Plaintiff to Join Other Parties Whether Trial Judge Erred in Making Partial Indemnity Costs Order World in a Box What Legal Issues Might Yet Need to Be Resolved and by What Mechanism?
Australian Law Journal update: Vol 95 Pt 2
By journalalerts on February 17, 2021
Posted In: Australian Law Journal, The (ALJ) Tagged: Admiralty and Maritime Afghanistan – Office of Special Investigator ALJ Angus Stewart Around the Nation: Victoria book review Brendan Edgeworth circumstances in which a constitutional precedent decided by the High Court of Australia may be overturned Conveyancing and property COVID-19 and Emergency Regulations Current issues Dr Damien J Cremean extent of Commonwealth legislative power in s 51(xix) of the Constitution High Court of Australia in Great China Metal Industries Co Ltd v Malaysian International Shipping Corporation Berhad (1998) 196 CLR 161 House of Lords in Albacora SRL v Westcott & Laurence Line Ltd [1966] 2 Lloyd’s Rep 53; 1966 SC (HL) 19 Joshua Thomson SC Justice François Kunc liability of carriers of cargo by sea for loss of or damage to cargo Madeleine Durand majority and dissenting reasoning National Security and the Law obligations on the carrier to make the ship seaworthy and care for the cargo (Art III rr 1 and 2) Overruling Constitutional Precedent Peter Gerangelos Press Freedom provisions except the carrier from responsibility for loss or damage (Art IV r 2) Reflections Upon Constitutional Interpretation And The "Aliens Power": Love V Commonwealth Robert Angyal SC Royal Commission into Police Informants The AG's Gambit: National Defamation Reform Enters Its Middlegame The Curated Page The Fluctuating Incidence Of The Burden Of Proof Under The Hague-Visby Rules: The Implications Of Volcafe Ltd V Compania Sud Americana De Vapores Sa [2019] Ac 358 For The Position In Australia The Hon Dr Clyde Croft AM SC The Mortgagee's Duty to Account – Rowe and Nom de Plume World in a Box: Impact of Containerisation on Shipping Transactions
Australian Law Journal update: Vol 95 Pt 1
By journalalerts on January 29, 2021
Posted In: Australian Law Journal, The (ALJ) Tagged: "Stolen Generations" abolition of the privilege against self-incrimination Admiralty and Maritime Adoption In Australia: Past Present And Considerations For The Future adoption of Indigenous children adoption versus alternative legal orders ALJ Amy Conley Wright And What Is New for 2021? articles Betty Luu children in out-of-home care civil liberties climate change climate conscious approach in daily legal practice Climate Conscious Lawyering constitutional law Current issues Dr Brendan Lim Dr Damien J Cremean equity and trusts ethics of dispensing with birth parents' consent extent of Commonwealth legislative powers forced and closed adoptions Hon Justice Brian J Preston SC immunity of States from Commonwealth interference Injunctions in Criminal Law Judith Cashmore Justice François Kunc Justice Mark Leeming legal permanency legal representation legislative powers of the States methods of constitutional interpretation miscarriage of justice Nicholas Aroney Novel Remedies for Dissipation Absent Notional Estate Nuclear Weapons Paul Latimer policy and legislative reforms to out-of-home care principle of legality procedural fairness Professor Ros Dixon Professor Sarah Murray retrospectivity reverse burden of proof right to appeal rights of innocent third parties role and duties of a lawyer Ship Construction Claims in Admiralty Sir Anthony Mason systematic removal of Indigenous children The Curated Page The Year Ahead Three Key Issues Arising Out Of The Engineers Case: A Reply Unexplained Wealth Orders In Australia Limits To Transparency And Responsibility For Other People's Wealth
Australian Law Journal update: Vol 94 Pt 8
By journalalerts on September 17, 2020
Posted In: Australian Law Journal, The (ALJ) Tagged: "act at peril" philosophy 40 Years of the NSW Land and Environment Court A Constitutional Centenary administrative tribunal Admiralty and Maritime Admiralty Jurisdiction Reform in India ALJ Angelina Gomez Another Perspective on Legal Life during the Pandemic Anthony Gray Around the Nation: Western Australia articles Book reviews class actions common law Current issues Dr Damien J Cremean fault-based liability Hon Justice Brian J Preston Jeffrey Barnes John Eldridge Justice François Kunc Justice Kenneth Martin Justice Michael B J Lee Keith Mason liability lies where it falls Limitations on the Scope of a Court's Power to Make Any Order it thinks appropriate under s 33ZF or s 183: The High Court's Decision in the Brewster and Lenthall Cases Paulina Fishman Pivoting in a Pandemic: A New Clerk’s Insights Sexual Harassment and the Judiciary Sir Frederick Jordan: Fire under the Frost Sir Leo Finn Bernard Cussen: The Centenary of a High Court Tragedy – Part 2 Sir Owen Dixon's Legacy specialist environmental court strict liability superior court of record The Coherence of Statutory Interpretation The Curated Page The Evolution from Strict Liability to Negligence: When And Why? – Part 1 The Land and Environment Court of New South Wales: A Very Short History of an Environmental Court in Action Timothy Pilkington Tort Law tort of private nuisance tort of strict liability Western Australia v Harvey [2019] WASC 261