Australian Intellectual Property Journal update: Vol 31 Pt 3
By journalalerts on February 17, 2021
Tag: articles
Building and Construction Law Journal update: Vol 36 Pt 4
By journalalerts on February 17, 2021
Posted In: Building and Construction Law Journal (BCL) Tagged: "no-reliance" clauses An Avoidable Pitfall for Construction Project Participants articles AS11000: General Conditions of Contract Australian Consumer Law's (ACL) prohibition against misleading or deceptive conduct BCL book review C&V Engineering Pty Ltd v Hamilton & Marino Builders Pty Ltd construction contracting Construction Law (3rd ed) dispute avoidance and management Editorial Eileen Yang global best practice in express clauses requiring contracting parties to act in good faith Is It Time for an Express Term of Good Faith in Australian Construction Contracts? Joseph Biagio Xuereb Julian Bailey Leeda Projects Pty Ltd v Zeng Michael Christie SC No-reliance Clauses: Are They Effective at Limiting a Principal's Liability for Misleading or Deceptive Conduct? recommendations for reform of Australian standard form construction contracts relational contracting theory Reports Standards Australia TFM Epping Land Pty Ltd v Decon Australia Pty Ltd trade and commerce
Environmental and Planning Law Journal update: Vol 38 Pt 1
By journalalerts on February 17, 2021
Posted In: Environmental and Planning Law Journal (EPLJ) Tagged: articles climate change Edward Cleary EPLJ Gloucester Resources v Minister for Planning Gray v Minister for Planning intergenerational equity Judicial Consideration of Intergenerational Equity in Australian Coal Mine Approval Litigation New Acland v Ashman and Chief Executive Department of Environment and Heritage Protection (No 4) New Acland v Smith
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
Company and Securities Law Journal update: Vol 38 Pt 2
By journalalerts on January 29, 2021
Posted In: Company and Securities Law Journal (C&SLJ) Tagged: A Review of the Theoretical Foundations for the Continuous Disclosure Regime between Australia and China administrative remedies An Analysis of ASIC Enforcement against Auditors and Liquidators articles ASX continuous disclosure requirements Australian Charities and Not-for-profits legislation Australian Securities and Investments Commission (ASIC) Belle Qi Guo C&SLJ Charitable Companies and Related Party Transactions Chinese companies Companies Auditors Disciplinary Board Contributing Factors for Chinese Cross-border Listed Companies' Continuous Disclosure Performance in Australia Editorial Edmund Finnane evolution and underlying theoretical rationales of continuous disclosure regimes in Australia and China Ian Ramsay independent review of the auditor's or liquidator's practice Jonathan Farrer Michael J Duffy Miranda Webster Modifications to Continuous Disclosure Requirements and the Role of Corporate Knowledge Intent Recklessness and Negligence in Breaches: A Discussion negotiated enforcement outcomes professional education related party transactions disclosure requirement Rosemary Teele Langford securities markets self-managed superannuation fund auditors Takeovers and public securities
Journal of Law and Medicine update: Vol 28 Pt 1
By journalalerts on January 29, 2021
Posted In: Journal of Law and Medicine (JLM) Tagged: (Re)Drawing the Line: Australian Regulation of Human–Animal Interspecies Embryos A Little Less Discrimination a Little More International Legal Compliance: A Capacity-based Approach to Substitute Decision-Making for People with Mental Illness absence of direct interaction access and provision of supports access to disability supports access to HIV medications Adam Deacon Adolescent Drivers – Are We Doing Enough? Allan Ardill Andrew Ng application of consumer law to instances of patient harm appointment of a Chief Dental Officer Art 12 of the International Covenant on Economic articles artificial intelligence (AI) AUSTROADS Guidelines availability and accessibility of vaccines for the COVID-19 virus avoiding exploitation of vulnerable persons Bartha Knoppers Bernadette McSherry Bernadette Richards book review Brain Death and Pregnancy: On the Legalities of Post-mortem Gestation Brett Jenkins Brown v The Queen [2020] VSCA 212 Cameron Stewart care of patients with chronic disease Center for Health child oral health policy Clinical Decision Support Systems and Medico-Legal Liability in Recall and Treatment: A Fresh Examination clinical environment Clinical Research without Consent: Challenges for COVID-19 Research clinically useful medication trials Consumer Law Technology and Health Care: A Shift in Focus a Panacea or a Confounder? Convention on the Rights of Persons with Disabilities Convention on the Rights of the Child COVID-19 and the Right to Support in New Zealand Hospitals COVID-19 Curfews: Kenyan and Australian Litigation and Pandemic Protection Craig Nelson criteria for inclusion in clinical trials of persons unable to provide informed consent Danny Sullivan dealing with adolescent road fatalities and injuries decision-making about a lengthy curfew Dianne Nicol Director of Public Prosecutions (Vic) v O'Neill (2015) 47 VR 395; [2015] VSCA 325 discrimination and legality discriminatory oral health policy design doctors' liability in negligence Don Chalmers: His Contributions to Legal Research and Education Health Law and Research Ethics Locally and Globally Editorial Embracing the Future: Using Artificial Intelligence in Australian Health Practitioner Regulation entitlement to be treated with dignity Eric M Meslin Estie Kruger ethical issues that arise in respect of clinical research Fifteen Years On: What Patterns Continue to Emerge from New Zealand's Health Practitioners Disciplinary Tribunal? freedom of movement Gabrielle Wolf Gender Trauma and the Regulation of the Use of Restraint on Women in Australian Mental Health Services George Skowronski George Tomossy Gillian Jean Graduated Licensing process health law reporter Health Research aw and Ethics how artificial capabilities may affect the individual's right to privacy HPDT hearing processes and outcomes HPDT processes and penalties Human Rights and Development v Attorney General [2020] UGCC 12 Human Rights-Based Approach to health system planning Ian Freckelton QC Ian Kerridge immediate action powers in Australia and procedural protections impaired mental functioning improving efficiency and effectiveness of processes in private industry and public administration In Whose Interest? Recent Developments in Regulatory Immediate Action against Medical Practitioners in Australia international legal framework pertaining to people with mental disabilities intersection between AI and bioinformatics Jade Luci Andrews Jane Kaye Jane Nielsen JLM Jo-Anne Manski-Nankervis Joel Grieger Jon Emery Karinne Ludlow Kate Diesfeld Kate Kersey Kate Warner Laura Johnston Law Society of Kenya v Mutyambai [2020] eKLR Legal issues letter to the editor Letter to the Editor (and Response) limitations on support-people and visitors' access to hospitals Linda Sheahan Lisa O'Reilly Loielo v Giles [2020] VSC 722 Lois J Surgenor Maintaining Privacy in Artificial Intelligence-driven Bioinformatics: An Inquiry into the Suitability of Australia's Laws making predictions and decisions Marc Tennant Margaret Otlowski Marie M Bismark Mark Giancaspro Mark Taylor Marta Rychert Matthew J Spittal measures to mitigate risks of infringement Medical Boards medical issues Megan Prictor Memoir of an Accidental Ethicist by KJ Breen Mental Health (Compulsory Assessment and Treatment) Act 1992 (NZ) Mental Health Law Issues mental health legislation Millard v Australian Capital Territory [2020] ACTSC 138 Minister of Health v Treatment Action Campaign (No 2) (2002) 5 SA 721 National Disability Insurance Scheme (NDIS) National Road Safety Strategy 2011–2020 Navigating the Australian National Disability Insurance Scheme: A Scheme of Big Ideas and Big Challenges NDIS law New South Wales Civil and Administrative Tribunal decision-making Ngugi J of the Kenya High Court Olivia Kelly Owen M Bradfield PAO v Attorney General [2012] eKLR patient's right to support Personality Disorder and Moral Culpability: Brown v The Queen personality disorders as relevant to moral culpability potential for restraint use to traumatise or retraumatise women service users protection of the public R v Verdins [2007] VSCA 102 recall recognition of risk relationship between the patient and the manufacturers/ distributers of technology Right 8 of the Code of Health and Disability Consumers' Rights right to life Roy G Beran Sarah Gwynn scientific reasoning Australian case law and sport-specific policies for separation of male and female athletes Seb Recordon sex or gender as relevant considerations in the authorisation use or monitoring of the use of restraint Social and Cultural Rights societal and safety concerns on mixing of human and animal cellular and genetic material software systems in patient care STC 3141 supplementing public risk test with public interest test task automation Technology Health Law Issues testing The Right of the Child to Oral Health: The Role of Human Rights in Oral Health Policy Development in Australia The Rights to Life Dignity and the Highest Attainable Standard of Health: Internationally Influential African Jurisprudence Transgender and Intersex Athletes in Single-sex Sports treatment Uganda Constitutional Court untreated dental disease in marginalised and vulnerable children use of physical mechanical and/or chemical restraint using AI to analyse and draw inferences from data Vanessa Lok Yann Joly Yvette Maker
Public Law Review update: Vol 31 Pt 4
By journalalerts on January 29, 2021
Posted In: Journals Tagged: Andrew Geddis articles Australian Defence Force (ADF) Brett Cattle: A New Lease on Life for Misfeasance? Brett Cattle: New Limits on Delegated Law-making Powers? Bruce Chen Claudia Geiringer codification of the principle of legality Comments common law principle of legality Dan Meagher Dean R Knight Defence Act 1903 (Cth) developments domestic human rights law Donald Speagle Ellen Rock Government Expression and the COVID-19 Pandemic: Advising Nudging Urging Commanding Hanna Wilberg implied nationhood power independent courts governance internal security prerogative Interpreting Pandemic Powers: Qualifications to the Principle of Legality Introduction Janet McLean Janina Boughey John Hopkins Judicial Deference and Emergency Power: A Perspective on Borrowdale v Director- General Law Luck and Lessons (Un)Learned: New Zealand Emergency Law from Canterbury to COVID-19 Military Intervention in Australian Industrial Action Momcilovic v The Queen New Zealand's Legal Response to COVID-19: A Symposium non-statutory executive power PLR Rights-based Judicial Review of Secondary Legislation – A New Zealand View of Brett Cattle Ross Carter s 32(1) of the Charter of Human Rights and Responsibilities Act 2006 (Vic) Samuel White statutory empowerment and protection for ADF members The Court Services Victoria Act 2014 (Vic): Disappointed Expectations? The Principle of Legality and s 32(1) of the Victorian Charter: Is the Latter a Codification of the Former?
Australian Business Law Review update: Vol 48 Pt 5
By journalalerts on January 8, 2021
Posted In: Australian Business Law Review (ABLR) Tagged: A Modern Approach to Regulation: Integrating Law System Architecture and Blockchain Technology in Australia ABLR activism Akshaya Kamalnath An Examination of Legal Values in Statutory Unconscionable Conduct Andrew Godwin Anthony Gray articles Banking and finance behavioural economics Brent Fisse business conduct Competition law and market regulation Editorial environmental issues Free Speech and Secondary Boycott Activity in Australia freedom of political communication informational self-determination/privacy self-management legal regime for social enterprises legal theory legal value judgments Marcus Smith Michael Terceiro Misuse of Market Power: Improving the Australian SLC Model Peter Toy privacy protection Radha M Pull ter Gunne secondary boycott provisions Social Enterprise and Equity Crowdfunding – A Proposal to Share Legal Infrastructure social enterprise movement statutory "normative standards" statutory interpretation and application the "legal standard" and the "normative" function of the law The Illusion of Control use of consent in privacy and data protection use of personal data
Australian Tax Review update: Vol 49 Pt 4
By journalalerts on January 8, 2021
Posted In: Australian Tax Review (AT Rev) Tagged: Anna Bullimore Antony Ting articles AT Rev Buck Xiao Deducting Hybrid Mismatch Rules Fit for Purpose? Digital Services Taxes and the Unified Approach under the Pillar One Proposal: Exploring the Nexus Frameworks Through the Example of Alibaba duplication of deductions Editorial hybrid structures Impact of the Multilateral Instrument on the Interpretation of Australia's Income Tax Treaties international income tax system loss duplication Mark Brabazon SC MLI-modified tax treaty Multilateral Instrument to Modify Bilateral Tax Treaties (MLI) OECD BEPS Project OECD recommendations in Action 2 of the BEPS Project Peter Stinson Special Issue on International Tax Subdiv 832G of the Income Tax Assessment Act 1997 (Cth) Taobao tax avoidance by large multinational enterprises tax losses tax proits from online marketplaces activities The Oracle Transparent Entities and Access to Tax Treaties treaty access for fiscally transparent entities and their income treaty benefits Victoria Plekhanova
Criminal Law Journal update: Vol 44 Pt 5
By journalalerts on January 5, 2021
Posted In: Criminal Law Journal (Crim LJ) Tagged: "special circumstances" test for bail in extradition proceedings articles Bail in Extradition Proceedings Cabal v United Mexican States Can the Pandemic Induced Fall in Prison Numbers Lead to Durable Principled Sentencing Reform? Case and Comment Crim LJ Deborah Kim Digest of criminal law cases Editorial Eye Movement Desensitisation and Reprocessing and Memory: A Dilemma for the Criminal Justice System Eye Movement Desensitisation and Reprocessing therapy (EMDR) false memories Greg Walsh OAM Lorana Bartels Matthew Groves Mirko Bagaric R v Sunderland [2020] QCA 156 sentencing review Sentencing Review 2019–2020 the science of memory