Posted In: Journals Tagged: "Incapacitated for Work" in SA's Return to Work Act Adam Searle articles banking sector Book reviews Bryan Belling businesses failing to pay their workers Coleman- Sleep v Return to Work Corp of South Australia (Ceduna Koonibba Aboriginal Adelaide Health Service) collective responsibility Comment: WorkPac Pty Ltd v Rossato and Freedom of Contract conducting cross-examinations contract as the primary determinant of the character of the legal relationship between the putative employer and employee Craig Ryan Cross-examination on Credit Issues David Furse-Roberts David Nikolas Brodsky decisions around termination of employment Depth in Goodbyes Deputy President Ingrid Asbury Diary Dr Ryan Haddrick Editorial employment law employment rights former Australia Post CEO Christine Holgate Freedom – A Workplace Issue FWC Deputy President Asbury: Strong Working Relationships Key to Sound Workplace Relations gender equality policies Gideon Haigh God & Menzies: The Faith that Shaped a Prime Minister and his Nation Ian Temby imagery of powerful men judging women harshly impact of termination of employment Interview Jacquelynne Willcox Jeffrey Phillips SC laws that criminalised wage theft lifting of lockdowns and reopening of Australian society Luke Walker Malcolm Kerr OAM Michael Easson obligation of employer to provide suitable employment for their employee who has suffered a work injury and who is able to return to work opening-up strategy Piss and Wind George Reid: A Liberal Forgotten protecting employees against alleged superior bargaining power providing additional rights to casual employees reconnection with family and friends Reputation Management [email protected]: Ensuring Your Client's Policies Support Employee Rights resumption of old lives Return to Work Act 2014 Richard Burbidge QC Rick Manuel salvaging of corporate reputations Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 (Cth) sexual harassment policies ss 66A to 66M of the Fair Work Act 2009 (Cth) The Brilliant Boy: Doc Evatt and the Great Australian Dissent The Last Word Tim James Turnover understanding all dimensions of the pandemic and its impact Virginia Ginnane Wage Theft: From Underpayments to Epidemic ways in which questions of credit generally arise in litigation With Conviction: An Australian Legal Memoir workers who have suffered work injuries returning to work WorkPac Pty Ltd v Rossato WR
Tag: Book reviews
Posted In: Australian Law Journal, The (ALJ) Tagged: ALJ Always Speaking Statutes Angelina Gomez Around the Nation: Western Australia articles autonomous vehicles Blake Pepper Book reviews Can Australia Still Call Itself a Liberal Democracy? Can Employers Mandate Vaccinations? compulsory third-party insurance consumer law contract contributory negligence COVID-19 Current issues disease clauses doctrine of frustration environmental law force majeure clauses Frontiers of Public Law impact of a pandemic on contractual obligations Is the Coronavirus the End of All Contracts? Jason NE Varuhas John Zeleznikow Judge James Crawford Justice François Kunc Justice Kenneth Martin Justice Rachel Pepper Kerry Dillon Lilla Thiele-Evans manufacturer liability Natalie Ngo National Security Legislation and Parliamentary Oversight Navigating a New Terrain: Developing Autonomous Vehicle Liability Pathways in Australia in Light of International Experience Neil Foster no fault compensation schemes Obituary Old Faultlines Revealed pandemic insurance policies policy flexibility Quartet of Recent Landmark Climate Change Cases Resolution of a Cold Case? Shona Wilson Stark Some Recent Developments Statutory interpretation Tania Sourdin The Chronicle of a Young Lawyer: A Legal Journey in the Territory of Papua and New Guinea The COVID-era and Australian Federation: State Power Rises The Curated Page The Hon John Basten The Impact of a New and Widespread Contagious Disease on Pre-existing Contractual Obligations Tom Allchurch user liability
Posted In: Australian Law Journal, The (ALJ) Tagged: A Brilliant Boy – Doc Evatt and the Great Australian Dissent A Notable Australian Contribution to American Law Reform accessibility of sentencing remarks ALJ Andrew Lynch Angelina Gomez Around the Nation: Western Australia articles balancing victim and offender issues Big Tech A New Gilded Age Book reviews Brendan Edgeworth Caroline Spiranovic claim for privilege clarity and persuasiveness of reasons Commonwealth compulsory examination Conveyancing and property Corporations Legislation Current issues cy-près doctrine cy-près relief Cy-près Remedies in Class Actions – Quo Vadis? Deguisa v Lynn distribution of damages award or settlement sum in a class action proceeding Emily Vale express legislative cy-près power Gabrielle Appleby Georgina Dimopoulos Gideon Haigh Indefeasibility Common Building Schemes and the Torrens System Is Australian Federation Fit for Purpose in a Pandemic judges' sentencing remarks Justice François Kunc Justice Jacqueline Gleeson Justice James Gorton Justice Kenneth Martin Justice Michael Osborne Justice Simon Steward Justice Sonia Brownhill Karen Gelb Kate Warner Lorana Bartels Lynne Roberts Michael Pearce SC National Jury Sentencing Study Northern Territory Obituary perceived victim vindication perceptions of appropriateness of the sentence Personalia public confidence in sentencing Public Perspectives on Judges' Reasons for Sentence Queen's Counsel Appointments Queensland Regulation of Big Tech News Media and Digital Platforms Mandatory Bargaining Code Robert Angyal SC Senior Counsel Appointments sex and other violent offence cases sexual harassment Soli Sorabjee AM South Australia The Curated Page The Judge the Judiciary and the Court: Individual Collegial and Institutional Dynamics in Australia uncollected settlement proceeds victim impact Victoria Vince Morabito Waiver of Penalty Privilege in Civil Penalty Proceedings Western Australia Western Australia v Edwards (No 7)  WASC 339 A Judge Alone Trial Like No Other
Posted In: Journals Tagged: admiralty jurisdiction Andrew M West Andrew West articles Book reviews building manager caretaking service contractor Casino’s Pursuit of a Gaming Debt in Two Different Forums: Star Entertainment Qld Ltd v Wong  QSC 67 Commercial Law Conveyancing and Property Law criminal law Dane Bryce Weber DJ Cremean Dr Bill Dixon Dr Clive Turner Dr Kristy Richardson Dr Malcolm K Smith Editorial Fiona Maher George Williams Harry Hobbs Health and Guardianship Law Industrial Law Judge Brian Devereaux SC Julius Moller management rights moral standard for parliamentary legislation Neil Samuel Hope new rule of statutory interpretation Private Complaints in Relation to Indictable Offences Proportionality in Australian Constitutional Law public entity decision-making Qld Lawyer R Pascoe R v Brisbane Auto Recycling Pty Ltd: Industrial Manslaughter under the Work Health and Safety Act (Qld) 2011 Shipra Chordia Sunny van den Berg The Commencement of Hormone Therapy for Minors with Gender Dysphoria: A Recent Queensland Case The Human Rights Act 2019 – Does It Make Any Difference? The Statutory Life of Caretaking Service Agreements in Body Corporates in Queensland: The Exception to the Freedom of Contract Principle The Tuning Cymbal: Selected Papers and Speeches of Robert French Thomas Feeney Treaty When Is Service by Email Effected?
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?
Posted In: Journals Tagged: "academic" and "intellectual" freedom "Letters to Lily Vale": The Life and Letters of Ernest William Latchford MC MBE 1916 to 1919 France Persia and Russia "new normal" 10-day entitlement Abiding Faiths: Judge Gerard Phillips adapting to more flexible non-traditional ways of work Arbitrary Exercise of a Discretion Kicked Out of the Park articles Australia's conciliation and arbitration system in the early years of Federation Australia's union movement Book reviews Bryan Belling Can Negative Deviance Spur Creativity with Positive Organisational Outcomes? case notes Charles Kingston and George Reid complex problem-solving compulsory conciliation and arbitration continued support for creative processes among discordant team members Craig Ryan current state of research around workplace creativity Darren Gardner David Nikolas Brodsky dealing with complaints of discrimination/harassment deviant behaviour Diary Editorial El Leverington employee and union expectations of safe work arrangements employee resilience Employment Law and Law Firms employment obligations of law firms and the penalties Fair Work Act 2009 (Cth) flexible work future proof the workplace from future pandemic risks and novel risks Future-proofing the Workplace: How COVID-19 Changed the Employment Landscape Forever Gageler and Edelman JJ (separately) harsher punishment on employers and officers responsible for unlawfully causing the death of a worker in the workplace IFMRO to IFHRO to IFHIMA: An Historical Overview 1949–2019 industrial manslaughter offences in the work health and safety laws interpretation of enterprise agreements within the higher education sector Interview James Cook University v Ridd Jennifer Giles Judge Vasta in the Federal Circuit Court Justice Rangiah in dissent Keith Mason Kiefel CJ Nettle and Gordon JJ (plurality) l technological advancement and employer innovation Lachlan Robison loss in business resources caused by deviance Malcolm Kerr OAM Mark Latchford Mondelez Australia Pty Ltd National Employment Standards in the Fair Work Act 2009 (Cth) Neil Napper positive or negative intentions when approaching teamwork potential consequences of failing to comply with lawful and reasonable directions from employers Professor Phyllis J Watson AM remote labour restraint of trade clauses Rick Manuel Sir Frederick Jordan: Fire under the Frost smaller-shared or hubbed-remote workplaces staff members' engagement in creative productivity Subdiv A of Div 7 of Pt 2-2 of the Fair Work Act team dynamics technologically augmented work arrangements terms of engagement of solicitors the Federal Court majority on appeal The Great Barrier Rift The Inconsistencies of Industrial Manslaughter Laws in the Northern Territory and Australian Capital Territory The Last Word the National Employment Standards' entitlement to paid personal/carer's leave traditional labour market supply pay and conditions modalities Two Fat Gentlemen Wazeem Kadir What's in a Day? women's enfranchisement and right to stand for legislative office WR Xavier Boffa
Posted In: Journals Tagged: "We are not Epidemiologists": COVID-19 in the High Court alternative to the dominant binary approach Amelia Simpson Amy Chinnappa Anne Twomey articles Ben Fraser Bharan Narula Book reviews Borrowdale v Director-General of Health: An Unlawful but Justified National Lockdown Clare Langford Comments complex policy questions constitutional interpretation of the beliefs and intentions of the Delegates to the Conventions counter-terrorism law-making Dan Meagher data-driven contemporary political campaign developments digital campaigning direct democracy techniques disruption of traditional political processes Edward Willis election process Empowering Joint Commonwealth – State Royal Commissions through a National Applied Law Examining Digital Campaigning Through the Normative Framework Underpinning Election Law – The Rationale and Challenges of Regulation From Disruption to Deliberation: Improving the Quality and Impact of Community Engagement with Parliamentary Law-making Graeme Edgeler and Andrew Geddis Joint Commissions M B Rodriguez Ferrere marriage equality reform modern democracies normative rationale for regulation of digital campaigning parliamentary democracies PLR role of parliamentary committees in law-making and rights protection in Australia Sarah Moulds Sir Anthony Mason Stephen Donaghue QC The Constitution and Government of Australia 1788 to 1919 The Evolving Role of History in Constitutional Interpretation The Power(Lessness) of New Zealand's House of Representatives to Summon The Crown's Legal Advice The Veiled Sceptre: The Dismissal of Governments Thomas Wood traditional forms of community engagement trust among citizens in democratic institutions William Pitt Cobbett
By journalalerts on September 30, 2020
Posted In: Australian Journal of Administrative Law (AJ Admin L) Tagged: "materiality" overlay in jurisdictional error doctrine AJ Admin L articles Book reviews Bruce Dyer bureaucratic rationality and legality calibration of principle to statutory context calibration to consequence Current issues Dr Chantal Bostock Dr Maria O'Sullivan Editorial Ellen Rock freedom of information (FOI) laws Greg Weeks independent merits review Interpreting Executive Power Janina Boughey Justin Davidson Letters to the Queen Lisa Burton Crawford Matthew Groves maximising disclosure and maintaining government efficiency Mick Batskos misusing FOI laws models of administrative justice More Essential (for Lawyers) Than Toilet Paper oppressive or disruptive behaviours Project Blue Sky Inc v Australian Broadcasting Authority Simon Young Soft Law and Liability in Tort standards of administrative legality The Blue Sky Effect: A Repatriation of Judicial Review or a Search for Flexibility? The Value of Adjudicative Independence: Overlapping Conceptions of Administrative Justice in the Administrative Appeals Tribunal's Review of Visa Cancellations Tribunal decision-making two-stage search for flexibility in judicial review principles vexatious applicant provisions Vexatious Applicant Vexatious Application or Something Else? Dealing with Difficult Applicants under Freedom of Information Laws in Australia vexatious application provisions visa cancellation system
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  WASC 261
Posted In: Journals Tagged: administrative law ambulatory boundary principles ambulatory tidal boundaries of land Andrew M West articles Authority to Decide: The Law of Jurisdiction in Australia (2nd ed) Bankruptcy Act 1966 (Cth) Bill Dixon Bill Lane Book reviews Child Protection Litigation Commercial Law COVID-19 and the Courts criminal law crowdfunding Div 2 of Pt 7 of the Survey and Mapping Infrastructure Act 2003 (Qld) Does Property Held by a Bankrupt on Trust Vest in the Bankrupt’s Trustee in Bankruptcy? Dr Chris Boge Dr Clive Turner Editorial Effect of Payment of Life Insurance Premiums with Stolen Money: Hanson v Goomboorian Transport Pty Ltd  QCA 41 Eleanor Dickens Eleanor Sondergeld Glass v Workers' Compensation Regulator  ICQ 001: The Connection between Injury and Employment Going Digital in the High Court Hails Farewells and Congratulations Industrial Law Interpreting Executive Power Janina Boughey John Tarrant JRS Forbes Judge Brian Devereaux SC Julius Moller Justice in Tribunals (5th ed) Kira Larwill Kristy Richardson Lisa Burton Crawford (eds) Mark Leeming Matthew Hales Motor Accident Claim Farming Natural Justice and the Bias Rule: CNY17 v Minister for Immigration and Border Protection  HCA 50 Protocol for the Bar to Raise Concerns about Judicial Conduct Qld Lawyer Rectification of Documents Robing Update Tidal Boundaries in Queensland: Theories Principles and Some Not So Ordinary Rules tidal lands ownership Witnesses called by the Court