Insolvency Law Journal update: Vol 29 Pt 3
By journalalerts on September 17, 2021
Tag: articles
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
Australasian Dispute Resolution Journal update: Vol 31 Pt 2
By journalalerts on September 10, 2021
Posted In: Australasian Dispute Resolution Journal (ADRJ) Tagged: addressing and resolving workplace bullying Adesina Temitayo Bello Adetoun Onibokun ADR Case Note ADRJ alternative dispute resolution Andrew Bickerdike antidoping rule violation articles AS4902- 2000 General Conditions of Contract for Design and Construct Australian legal education programs Australian swimmer Shayna Jack book review carve out clauses in arbitration agreements Carve Outs in Arbitration Agreements case notes communication and negotiations between disputing parties confidentiality conflict management Court of Arbitration for Sport David Spencer dispute management dispute resolution practitioner drafting of carve out clauses Editorial Elizabeth Spencer Family Dispute Resolution for Property Matters The Case for Making Space family relationship centre framing of the problem Genevieve Heard identification of the parties who need to be involved impartiality James Duffy Jamie Lee John O’Brien Katherine Johnson Legal Reasoning Across Commercial Disputes Ligandrol Matters of Interest Mediating Workplace Bullying A Reflective Case Study Mediation and Negotiation in Legal Disputes Mediation for Tackling Nigerian Medical Disputes A Mutually Beneficial Option Michael McHugh AC QC misalignment between theory and practice Misleading Conduct in the Procurement of a Mediated Settlement Agreement payment claims personal experience problem-solving professions process is consensual Professor SI Strong prohibited substance property disputes property negotiations property settlement resolving medical disputes Russell Thirgood Ruth Charlton Sophie Whittaker Sport Integrity Australia Swimming Australia's Anti-Doping Policy 2015 The Court of Arbitration for Sport and the Shayna Jack Doping Case The Emotional Advantage How Dispute Resolution Practitioners Can Embrace the Transformative Capacity of Emotion and De-escalate Conflict The Impact of Grief through Loss in New South Wales Workers Compensation Commission Mediations Thomas Camp Tianqi Lithium Kwinana Pty Ltd v MSP Engineering Pty Ltd [No 2] voluntarily submitting a dispute to a neutral third party World Anti-Doping Agency
Australian Journal of Administrative Law update: Vol 28 Pt 2
By journalalerts on September 10, 2021
Posted In: Australian Journal of Administrative Law (AJ Admin L) Tagged: Administrative Appeals Tribunal AJ Admin L Anna Olijnyk Apprehended Bias in Integrated Online Dispute Resolution articles bias claims of bias in small jurisdictions court conduct different forms of decision-making that occur outside the courts emotionally driven or intemperate judicial conduct flexibility of the common law in general and the rules of fairness in particular impartial decision-making impartiality of multi-member bodies Is There a Small Town Exception to the Bias Rule Joe McIntyre Jordan Tutton judicial emotion judicial impartiality Judicial Impartiality Bias and Emotion judicial officers judicial work justice technology Kathy Mack legal consequences of judicial emotion Mathew Groves Preface principles of impartiality procedure for disqualification Reconstitution and the Reasonable Apprehension of Bias in Australian Statutory Tribunals Recusal rule against bias Sarah Lim Sharyn Roach Anleu The Hon RS French Victorian Civil and Administrative Tribunal
Insolvency Law Journal update: Vol 29 Pt 2
By journalalerts on September 10, 2021
Posted In: Insolvency Law Journal (Insolv LJ) Tagged: articles Australian proper law contract book review comity disruptions upon professional identity and practice Dr David Morrison Editorial Elizabeth Streten equal treatment of local and international creditors in enforcement foreign discharge of debt foreign jurisdiction Heritage and Vitality Whether the Rule in Antony Gibbs Is a Presumption impact of negative public perception impact upon the professional identity and the practice of corporate insolvency practitioners implementing and complying with legal and ethical obligations Insolv LJ Insolvency Practitioners A Phenomenological Study Is a Statutory Demand a Document in a Legal Proceeding? A Surprisingly Vexed Definitional Issue Finally Coming to an End? Neerav Srivastava perception of a weakened professional identity recent developments reconciling inherent conflicts in practice of insolvency registered liquidators in Australia Reinventing Bankruptcy Law A History of the Companies' Creditors Arrangement Act Shane Campbell Virginia Torrie William Porter
Criminal Law Journal update: Vol 45 Pt 3
By journalalerts on August 25, 2021
Posted In: Criminal Law Journal (Crim LJ) Tagged: acknowledging victims in their remarks Adam Murphy Affirmative Consent in New South Wales Progressive Reform or Dangerous Populism Andrew Dyer articles ascertain whether the complainant was consenting Check Your Privilege The Foundation of Legal Professional Privilege within the Commonwealth Director of Public Prosecutions Contemporary Comment Crim LJ Digest of criminal law cases Editorial extension of privilege to prosecutorial agencies fundamental criminal law principles Helen Fraser identification of the powers inaccurate transcript indistinct forensic audio used as evidence in criminal trials Injustice Arising from the Unnoticed Power of Priming How Lawyers and Even Judges can be Misled by Unreliable Transcripts of Indistinct Forensic Audio judicial practice from a victim-focused perspective legal procedures for admission of transcripts of indistinct forensic audio Lorana Bartels non-consensual sexual offence defendants NSW Law Reform Commission recommendations personal confidence as a poor indicator of perceptual accuracy police transcripts privilege claim reforms to s 61HE of the Crimes Act 1900 (NSW) Rhiannon Davies sexual offence cases Stephen Odgers The Burden and Standard of Proof The Use of Victim Impact Statements in Sexual Offence Sentencing A Critique of Judicial Practice transforming serious offences into crimes of absolute liability victim-focused benchbook victim-focused pre-sentencing hearings in sexual offence cases Yuko Kinoshita
Journal of Judicial Administration update: Vol 30 Pt 4
By journalalerts on August 25, 2021
Posted In: Journal of Judicial Administration (JJA) Tagged: Aggravating and Mitigating Factors in Sexual and Non-sexual Violent Cases Alexander Xynas alternative dispute resolution processes articles Caroline Spiranovic content analysis of judges' sentencing remarks courts' case management approaches COVID-19 pandemic entencing sexual and non-sexual violent offences Expanding ADR in Our Courts Mediation and the Judiciary JJA judicial mediation Julia Davis Karen Gelb Kate Warner Lorana Bartels Lynne Roberts sentencing practice of judges at first instance sentencing practices settlement of cases
Public Law Review update: Vol 32 Pt 2
By journalalerts on August 25, 2021
Posted In: Journals Tagged: Anthony Gray articles Australian Constitution Clive Palmer Comments constitutional conventions constitutional propriety Court Fees and Access to Justice in Australia Dan Meagher developments Edward Willis Emily Hammond entrenched review of executive powers executor court model Jack Maxwell judicial enforcement lack of executive power over legal rights or obligations Legal Perspectives on Border Closures and Freedom of Movement in Australia's COVID-19 Response Legislative Amendment Directed towards a Particular Individual Company and Dispute The Separation of Powers and Other Constitutional Issues Matthew Stubbs Minister for Home Affairs v Benbrika (2021) 95 ALJR 166 [2021] HCA 4 operative norms of administrative law PLR power-sharing convention power-shifting conventions Sarah Murray separation of powers principle Tamara Tulich The Duality of Jurisdictional Error Central (to Justifying Entrenched Judicial Review of Executive Action) and Pivotal (to Review Doctrine) The Systemic Nature of Convention and Its Implications for Judicial Enforcement Western Australian legislation
Journal of Law and Medicine update: Vol 28 Pt 3
By journalalerts on August 13, 2021
Posted In: Journal of Law and Medicine (JLM) Tagged: "Bolam Principle" access and benefit-sharing framework Adolescent Gender Dysphoria and the Informed Consent Model of Care Advance Planning in Mental Health Care The Trouble with Terminology advance planning instruments Agnotology American Uniform Determination of Death Act apnoeic-oxygenation test articles assent model athletes Australia's acquisition strategy for the COVID-19 vaccine Australia's COVID-19 response Australia's principles-based regulatory framework Australian Medical Device Regulation during COVID-19 Has the Australian Regulatory Framework for Medical Devices Been Effective during the COVID-19 Pandemic? Australian Register of Therapeutic Goods awareness of public health Bell v Tavistock [2020] EWHC 3274 (Admin) Bell v Tavistock: Why the Assent Model Is Most Appropriate for Decisions Regarding Puberty Suppression for Transgender and Gender Diverse Youth Ben White Bernadette McSherry Bernadette Richards best care for transgender and gender diverse youth Beth Wilson biodiversity conservation and sustainable use Bioethical issues book review Bridget Hamilton broader reforms for low risk (Class I) medical devices Cameron Stewart Causes of the Obesity Epidemic and Economic Rationales to Support Taxation as a Population-based Policy Response changes in civil liability laws Charles Lawson Chasing Immunity How Viable Is a Mandatory COVID-19 Vaccination Scheme for Australia? Cheryl Tilse community health and safety Concussion Chronic Traumatic Encephalopathy and the Legal Obligation of Sporting Organisations to be Informed of the Scientific Knowledge of the Day and to Warn of Material Risks consent-exempt research Consumer Choice Constraint Theory consumption of Highly Processed Foods and Sweetened Sugary Beverages contingency planning regarding ventilator capacity conventional health care countermeasures to protect the elderly from maverick health care professionals COVID-19 as a Disruptor and a Catalyst for Change COVID-19 Denialism Vaccine Scepticism and the Regulation of Health Practitioners COVID-19 pathogen SARS-CoV-2 COVID-19 Tests the Limits of Biodiversity Laws in a Health Crisis Rethinking Country of Origin for Virus Access and Benefit-sharing cross-sex hormones David J Carter David Ranson David Thorpe diagnostic tests Editorial Elizabeth Englezos Elizabeth Wettlaufer enhanced communications and information provision ensuring treatment received reflects the person's wishes and values estrictions on the hiring process of health care professionals ethical dilemmas evidence-based foundations for treatment and disease-prevention expedited assessments of COVID-19 diagnostic tests face masks Family Court in Re Kelvin (2017) 327 FLR 15 [2017] FamCAFC 258 (Re Kelvin) fear anxiety and paranoia fitness for trial Fran Humphries Global Virome Project Harold Shipman health law reporter health practitioners High Court of England and Wales decision homicides of elderly patients Hugh Platt human research Human Research Ethics Committee hybrid-working Ian Freckelton AO QC importance of direct and tactile communication importation and advertising issues increasing elderly population increasing the accountability of access to Schedule Eight drugs Indifference Curve approach informing atheletes of risks initiatives to address the risk of zoonotic spillovers of disease international agreements for accessing and sharing viruses international policy Irish High Court James Tibballs Jeffrey J Brownscombe Jill Wilson JLM Joanne Aitken Jordyn Nelson Joseph Briggs Joseph Ibrahim Julian Savulescu Karinne Ludlow Kelton Tremellen Killing of Elderly Patients by Health Care Professionals: Insights From Coroners' Inquests and Inquiries in Three Cases Lauren Notini Legal issues legal obligation of sporting organisations legality of the informed consent model Lidia Xynas Lindy Willmott Lisa Brophy Lyndal Bugeja Madeline Rohini Fisher masks Medical Council v Waters [2021] IEHC 252 medical issues Mental Health Law Issues mental impairment Michelle Rourke Murder (Infanticide) in Post-partum Depression The Case of Akon Guode Nagoya Protocol nature of reproductive autonomy Neera Bhatia New Challenges to the Legal Definition and Medical Determination of Brain Death A Multi-jurisdictional Approach Cases from the United States the United Kingdom Canada and Australia obesity and overweight issues One Health pandemic patient consent Patrick Parkinson AM personal protective equipment Pigouvian Theory of taxation possible legal frameworks for implementing a mandatory vaccination scheme in Australia post-traumatic stress disorder (PTSD) Posthumous Reproduction and the Law Tissue Transplantation Property Rights and the Reproductive Relational Autonomy potential compulsory treatment practitioner competence in medical negligence cases Prime Minister Scott Morrison property rights protecting health professionals puberty suppression public health crisis public health emergency responses Rachel Feeney Re Imogen (No 6) (2020) 61 Fam LR 344 [2020] FamCA 761 Regulation of AI in Health Care A Cautionary Tale Considering Horses and Zebras regulatory endorsement of science regulatory framework around Artificial Intelligence in health care remote health service provision repetitive head trauma requirement of consent retrieval of gametic material from deceased men Review of the Law of Negligence in Australia Roger Dean Role of Law in End-of-Life Decision-Making Perspectives of Patients Substitute Decision-Makers and Families Ronli Sifris Russ Scott science denialism sporting organisation negligence Susannah Sage Jacobson suspension of all non-essential elective surgery Technology Health Law Issues testing brain blood flow The Impact of COVID-19 on Fertility Treatment in Australia The Lost Lovelies Foundation The Role of Medical Evidence in Determining the Outcome of Medical Negligence Cases When Peer Professional Opinion Is Used Todd Berry transgender transparent provision of information United Nations' Convention on Biological Diversity use of medical evidence in cases utilising peer professional opinion Use of Personal Health Information under Consent Exempt Circumstances for Research Views of the Australian General Public vaccination scepticism values and public health infrastructures voluntary scheme based on incentives Vrinda Edan waiver of the consent requirement Yves Saint James Aquino
Workplace Review update: Winter 2021
By journalalerts on August 13, 2021
Posted In: Journals Tagged: 25 Years a Lawyer Some Things I Have Learned A Mere Reflection on Knowledge and Humility About Real People Grounded in Real Life Acting for Accessories Tactics and Traps adaptive changes made in medical practice adjustments with new disease outbreaks Alan Sexton Anaesthesia and COVID-19 Hands-on Doctors Can't Hide in Cyberspace articles book review Chester Porter QC common law litigation comparison of a positivist study and an interpretivist study of organisational behaviour courtesy Craig Ryan David Nikolas Brodsky Diary Editorial Ian Latham Interview Ishita Sethi knowledge knowledge management Law Politics and Intelligence A Life of Robert Hope Malcolm Kerr OAM maternity Neil Napper Neil Napper's Life in IR Law new acquaintances new COVID-19 world Obituary penalties for systematic underpayment Peter Edwards Philippe Doyle Gray privilege against penalty psychiatry public hospitals Rick Burbidge QC s 557A into the Fair Work Act 2009 (Cth) social sciences systematic methods of building trust testing evidence The Art of Cross-examination The Last Word The Unassuming Champion underpayment litigation wage underpayment workplace colleagues WR