Posted In: Australian Law Journal, The (ALJ) Tagged: A New Australian Resource on Modern Slavery ALJ Andrew Hemming Angelina Gomez Around the Nation: Victoria articles book review Brendan Edgeworth cases on the use and misuse of real evidence Cathy Sherry Conveyancing and property COVID-19 and Victoria's Commercial Tenancy Relief Scheme (CTRS) Current issues Designing an Indigenous Voice Electronic Conveyancing: What Happens When the Computer Says No? equity and trusts in court experiment International Commercial and Investor-state Arbitration – Australia and Japan in Regional Contexts Judicially Identified Limits on the Body Corporate By-Law Making Power – Cooper V The Owners – Strata Plan No 58068 Justice David Mossop Justice François Kunc Justice Mark Leeming Justice Matthew Palmer Kozul v The Queen letter to the editor Luke Nottage Neilan test New Cultural Heritage Legislation in Western Australia New Zealand out of court experiment pet regulation property and political debates in Australia and other jurisdictions Robert Angyal SC Scott v Numurkah Corp strata schemes Te Ao Mārama The Constitution of the Australian Capital Territory The Curated Page The Hon Dr Clyde Croft AM SC The Use of Real Evidence in Court: Time to Trust the Common Sense of the Jury? uniform evidence legislation Well hidden Equity – Four Equity Eucalypts What Happens When the High Court Commits a Logical Fallacy?
Tag: Brendan Edgeworth
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: Australian Law Journal, The (ALJ) Tagged: A Federal Judicial Commission A Turn Up for the Books? ALJ Angelina Gomez Anne Twomey Anzac Lawyers articles Australia at the UN Human Rights Council book review Brendan Edgeworth Cassegrain Choice of Counsel a Fundamental Matter constitutional law constitutionality of federal spending on sport Conveyancing and property Current issues Daniel Goldsworthy Dennis Klimchuk Dr Guzyal Hill Dr John Garrick establishment of the War Crimes Tribunal on the island of Labuan in 1945 Family Court Merger Becomes a Reality Farah Constructions federal spending on sport From Middle East Battlefields to the War Crimes Tribunals in Borneo: The War Letters of the Hon Justice Russell Le Gay Brereton 1940–1946 Glory without Power: The Nationhood Power and Commonwealth Spending on Sport Henry E Smith indefeasibility of the title of the registered volunteer throughout the Australian Torrens jurisdictions Irit Samet Justice François Kunc King v Smail MM Park national law reform debate Pape Williams (No 1) and Williams (No 2) Philosophical Foundations of the Law of Equity political economic social and technological as critical driving forces for harmonisation Remembering the Hon Mr Justice Russell Le Gay Brereton Robert Angyal SC Senate Select Committee on Administration of Sports Grants Inquiry Serene Ho South Australian Torrens The Curated Page The End of the Cardinal Pell Media Saga The King V Smail Golden Jubilee: The Failure of the High Court to develop and clarify the law of the Torrens Volunteer is no Cause for Jubilation The Limits of Expert's Participation in a Leasing Dispute The Power of National Uniform Legislation What Is Its Rate of Proliferation and What Factors Are Driving It? Tony Cunneen Who Is Responsible for Quarantine under the Constitution? World War II
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: 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  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  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
Posted In: Australian Law Journal, The (ALJ) Tagged: 100 Years Of Speaking: Gender Equality Among Barristers Before The High Court 130 Years of Sydney University Law School A History of Criminal Law in New South Wales Volume 2: The New State 1901–1955 Adrian Staples Adverse Possession – Alive and Well in Sydney ALJ Angelina Gomez Appellant Sentenced to Imprisonment Served by Periodic Detention Appellant Unlawfully Imprisoned for 82 Days Following Sentence Around the Nation: Northern Territory articles artificial intelligence assisting judges with sentence determination AustLII Turns 25 book review Brendan Edgeworth Brian Opeskin civil society class actions Compensatory Principle and Counterfactual Analysis Contingency Fees (Group Costs Orders) in Victoria after BMW Australia Ltd v Brewster Conveyancing and property Court's performance criminal decisions of the Victorian Court of Appeal (VCA) current Australian sentencing practises Current issues Directors' Duties In A Post-Hayne World: "The Company" As More Than The Sum Of Its Shareholders Do We Need a Parliament? false imprisonment Farewell RBG and Welcome ACB female barristers Gabrielle Appleby GD Woods George Williams Hon Dean Mildren AM RFD QC how decision-making by companies can be incentivised imposition of duties on company directors Jesse Cumberland's High Court Case "Zooms-in" on Procedural Fairness and Residual Discretion Justice François Kunc Justice Michael B J Lee letter to the editor managing tensions between shareholder interests and those of creditors employees consumers and the environment participation of women as advocates before the High Court of Australia Philip Sales Recent cases regulation Responsible Jurimetrics: A Reply To Silbert's Critique Of The Victorian Court Of Appeal Robert Angyal SC role of intermediate courts of appeal Ruth C A Higgins SC setting the environment for commercial activity Snapshot of Chinese Land Law: Real Rights Transfer and In/defeasible Title Some Reservations About The Use Of Artificial Intelligence In Sentencing Decisions taxation That Was the Year That Was The Curated Page The Final Obsequies for the Bell Litigation The Launch of the Digital Law Association Two New High Court Appointments Where Appellant's Imprisonment Would Otherwise Have Lawfully Occurred Whether Appellant Entitled to Substantial Compensatory or Vindicatory Damages Whether Award of Only Nominal Damages Appropriate Winsome Hall
Posted In: Australian Law Journal, The (ALJ) Tagged: 1919 Spanish influenza A Letter to the Commonwealth Attorney-General administration of justice in Australia during the COVID-19 global pandemic Admiralty and Maritime ALJ Anthony Gray articles Associate Justice Julian Hetyey balanced interpretive approach Brendan Edgeworth Civil Justice Reform in New Zealand Conveyancing and property Coronavirus COVID-19 Current issues Dr Damien J Cremean Emily Vale fault-based system of liability Fraud the In Personam Exception and Enforcing the Undertakings of Predecessors High Court decisions International focus International Inquiries and Fact-finding in International Law Justice François Kunc Justice Frances Williams Justice Mark Livesey Justice Matthew Palmer Justice Peter Callaghan New Zealand Nicholas Aroney O’Connor J Pandemic Justice – An Historical Perspective Personalia Power Candour and Decency in the Law Professor Stuart Kaye Queensland Reflecting on Recent Events Robert Angyal SC Ruby Princess Salvage and Voluntariness Senior Counsel Appointments Some Rights and Liabilities of Co-owners South Australia strict liability Tasmania The Curated Page The Evolution From Strict Liability To Negligence: Implications For The Tort Of Private Nuisance – Part 2 The Honourable Justice John Logan RFD Thinking about Judicial Independence tort of negligence tort of private nuisance Victoria What Remains Of The Engineers Case? A Centenary Appraisal
Posted In: Australian Law Journal, The (ALJ) Tagged: ALJ Anna Collyer Around the Nation: Western Australia Brendan Edgeworth Conveyancing and property COVIDSafe – Legal Issues Current issues Emily Vale If Only Caveats Could Speak Jensen v Nationwide News Pty Ltd (No 13)  WASC 451 Justice François Kunc Justice Jacinta Forbes Justice Kenneth Martin Justice Richard Cavanagh Justice Sandra Duggan Justice Terence Sheahan AO Life in the Law in the Time of COVID-19 – A View from the Middle Lyria Bennett Moses More Notes from a Time of Pandemic New South Wales Personalia Recent cases Robert Angyal SC Ruth C A Higgins SC Technology and the Law The COVID-19 Pandemic and Courts as Essential Services The Curated Page Victoria
Posted In: Australian Law Journal, The (ALJ) Tagged: 2018 Religious Freedom Review ALJ Amalgamated Society of Engineers v Adelaide Steamship Co Ltd articles Brendan Edgeworth Commonwealth Conveyancing and property COVID-19 and the Legislative Drafters Current issues Discrimination Against Employees of Religious Schools in Australia US and the EU – A Comparison in Light of Human Rights and Deliberative Democracy Dixonian Legalism and its Adherents: Assessing the Place for Policy Choices under "Strict and Complete Legalism" in Theory and Practice Ellen Rock environmental law Gifts: Conditional or Not? – Flourentzou v Spink International focus Justice François Kunc Justice Rachel Pepper Law in the Time of Coronavirus legislative specification of permissible discrimination grounds literalist paradigm Melbourne Corporation v Commonwealth Ned Hirst New South Wales Northern Territory Obituary Owen Dixon Professor Stuart Kaye Queensland Resolving Conflicts at the Interface of Public and Private Law Robert Angyal SC Robert Mężyk significant environmental decisions of the Federal Court South Australia Tasmania The Curated Page The Hon John Cain Vale Solatium? Victoria War Crimes in Afghanistan: Could Australian Soldiers Face Prosecution at the International Criminal Court? Western Australia
Posted In: Australian Law Journal, The (ALJ) Tagged: ALJ Arnhem Land in the Northern Territory of Australia Around the nation: Tasmania articles Brendan Edgeworth class actions colonial birthright Conveyancing and property Cryptoassets: Property or Not? Current issues dispute resolution venue Dr Danial Kelly Dr Sonali Walpola equity and trusts Introduction James O’Hara Justice François Kunc Justice Mark Leeming Justice Michael B J Lee Justice Stephen Estcourt AM Recent Developments in Security for Costs Applications in Class Actions Robert Angyal SC Six Differences between Trustees and Company Directors Solar Panels and Restrictive Covenants Strategies For Avoiding A Jurisdiction Clause In International Litigation The Case for Principled and Practical Propensity Evidence Reform The Curated Page The Law Of Sorcery In Madayin The Mason – Dixon Line The Qualification To The Birthright Doctrine And Beyond: The Judicial Attitude To Adapting The Common Law To Australian Conditions