Australian Journal of Competition and Consumer Law update: Vol 30 Pt 1
By journalalerts on April 27, 2022
Tag: case notes
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
Journal of Civil Litigation and Practice update: Vol 9 Pt 4
By journalalerts on August 5, 2021
Posted In: Journal of Civil Litigation and Practice (JCivLP) Tagged: A Civil Case Made Notable by the Notoriety of a Criminal Case Burnett v International Insurance Co of Hanover Ltd Andrew Simpson arising of presumptions vis-à-vis wrongdoers articles Benjamin Teng Bernard Cairns Berry v CCL Secure Pty Ltd Bias and Procedural Fairness at Trial case notes claims for damages to compensate loss caused by misleading or deceptive conduct Concepts of Loss and Proving Hypotheticals in Misleading or Deceptive Conduct Court watch damages for loss of opportunity Disregarding the Pleadings at Trial Editorial he Stema Barge II – Manager or Operator? historical underpinnings of legal professional privilege Inquiries Act 2013 (NZ) inquiries and investigations inquisitorial proceedings inquisitorial proceedings in New Zealand James Anson-Holland JCivLP Kate Rouch Lydia Wilson Michael Legg Once Privileged Always Privileged? An Exploration into the Applicability of Legal Professional Privilege to Inquisitorial Proceedings in New Zealand pleading of counterfactuals Privacy – Celebrity and Personal Correspondence in the United Kingdom High Court HRH The Duchess of Sussex v Associated Newspapers Ltd Professor Michael Legg Roderick Joyce QSO QC shifting of evidentiary onuses
Journal of Civil Litigation and Practice update: Vol 9 Pt 3
By journalalerts on March 26, 2021
Posted In: Journal of Civil Litigation and Practice (JCivLP) Tagged: After the Event Insurance and Security for Costs: Inconsistency in the Australian Approach Article Briginshaw and Finding Serious Allegation Proved on the Balance of Probabilities case notes Corey Byrne Daniel Meyerowitz-Katz Daniel Moloney Editorial insurance against an adverse costs order JCivLP John Woodward Legislating for Common Sense: The Case for (Re)Enacting Pt 2A of the Civil Procedure Act 2005 (NSW) Michael Legg Nikki Chamberlain payment of cash into court provision of an unconditional bank guarantee reasonable efforts to resolve disputes before commencing litigation Roderick Joyce QSO QC Supreme Court Orders First Opt-Out Class Action in New Zealand: Southern Response Earthquake Services Ltd v Ross The Civil Standard of Proof in New Zealand The Federal Court of Australia Limits Orders for Security for Costs in Industrial Class Actions
Australian Journal of Competition and Consumer Law update: Vol 29 Pt 1
By journalalerts on March 15, 2021
Posted In: Australian Journal of Competition and Consumer Law (AJCCL) Tagged: ACCC Revokes Stanley Black and Decker's Resale Price Maintenance Notification acquisition AJCCL Amanda Storey Andrew Christopher Andy Baziliauskas articles Australian Open Banking: The Regulatory Dilemma of Balancing Different Policy Objectives Authorisations and notifications banking sector benefits and risks of Open Banking case notes Christopher Hodgekiss SC Christopher Pleatsikas Competition and Digital Platforms: The Third Instalment Consumer concerns Consumer Data Right legislation counterfactual vs the commercial reality data-sharing Double Trouble: Unregulated Credit and Unsolicited Sales in the Residential Solar Panel Market – The Decision of Application by Flexigroup Ltd (No 2) Editorial Georgina Foster Holly Raiche Ketki Kotwal Maria Christina J Macasaet-Acaban Nicholas Felstead Niloufer Selvadurai Pornapa Luengwattanakit Report from Asia Report from North America Rosannah Healy s 163A of the Competition and Consumer Act 2010 (Cth) Stephanie Whitelock Suman Podder Telecommunications The ACL and Witness Protection The Canadian Vancouver Airport Authority Abuse of Dominance Case The Internet of Things and the Consumer Safeguards Gap TPG Telecom Limited Update on the Development of Merger Control in Asia Vodafone Hutchison Australia Pty Limited Vodafone v ACCC Wendy Thian when a merger is beneficial to competition When a Seemingly Anti-competitive Merger Is Actually Better for the Market Yee Chung Seck
Workplace Review update: Summer 2020
By journalalerts on December 29, 2020
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
Journal of Civil Litigation and Practice update: Vol 9 Pt 2
By journalalerts on November 26, 2020
Posted In: Journal of Civil Litigation and Practice (JCivLP) Tagged: A Significant COVID-19 Court Case articles Assistance to foreign and international tribunals and to litigants before such tribunals ature of property in the Digital Paradigm Brittany Rorrison Caroline Swartz-Zern case notes Company Insolvency computer crimes provisions Crimes Act 1961 (NZ) cryptocurrencies David J Harvey depositions digital data digital material Digital Property Revisited discovery Dixon v The Queen document discovery Drawing a Line in the Sand – Private International Commercial Arbitrations and United States Judicial Assistance Pursuant to 28 USC § 1782 Editorial Inghams Enterprises v Hannigan – Do Not Play Chicken with Imprecise Drafting JCivLP Jeremy Quan-Sing Jonathan Light Joshua Kang Louise Beange Michael Legg Professor Michael Legg Proprietary Rights to Fish: Borwick Development Solutions Ltd v Clear Water Fisheries Ltd Roderick Joyce QSO QC subpoenas The COVID-19 Pandemic and Courts as Essential Services whether or not there can be property in the contents of files on a computer and hard drive including emails William Fotherby
Australian Journal of Competition and Consumer Law update: Vol 28 Pt 3
By journalalerts on September 30, 2020
Posted In: Australian Journal of Competition and Consumer Law (AJCCL) Tagged: A "Facelift" to the Abuse of Dominance – The German Competition Perspective on Facebook A Compelling Outcome: The High Court Invigorates s 155 abuse of dominance African Competition Law Enforcement in a Time of Crisis: The Case of COVID-19 AJCCL Alex Sundakov Alexander Shepherd Alleging Unconscionable Conduct: No Guarantee of Success Anna Zabolotnykh articles Authorisations and notifications Authorised Co-operation during the COVID-19 Pandemic Benchmarks business conduct business or marketplace competition case notes Christopher Hodgekiss SC competition authorities competition frameworks for regulating digital platforms Competition Policy in Post-COVID-19 World data policies data protection law Digital Platforms and Competition Law: A Review Dr Sabrina Frank Economic(s) Matters Editorial Enforcement and Remedies Evgeny Khokhlov Full Steam Ahead or Gone Off the Rails: Merger Analysis after Australian Competition and Consumer Commission v Pacific National Pty Ltd German Federal Cartel Office (Bundeskartellamt FCO) German Federal Court of Justice (Bundesgerichtshof FCJ) injunctive relief proceedings Interest as Compensation under the Australian Consumer Law Lesley Morphet Malte Frank market regulation Michael Gvozdenovic Myles Bayliss Recent Trends in Antitrust Regulation in the Eurasian Economic Union regulatory frameworks Report from Africa Report from Europe Report from Russia Rosannah Healy Sarah Russell Shane Stewart Stephen Puttick tech industry The European Commission's Proposal for an Ex-Ante Regulation of Large Online Platforms as Part of the Digital Services Act Package Tom Pick Valentin Deprez William Georgiou
JOURNAL OF CIVIL LITIGATION AND PRACTICE
By journalalerts on September 17, 2020
Posted In: Journal of Civil Litigation and Practice (JCivLP) Tagged: Appropriate Dispute Resolution articles call for submissions case notes Comments Comparative articles examining the Victorian experience Cost orders and sanctions Disclosure and Discovery expert evidence Genevieve Grant Historical analyses and reform JCivLP letters Professor Michael Legg reviews Roderick (Rod) Joyce QSO QC Special Issue summary judgment Victorian Law Reform Commission's Civil Justice Review Report Victorian Civil Procedure Act 2010
Journal of Civil Litigation and Practice update: Vol 8 Pt 4
By journalalerts on May 20, 2020
Posted In: Journal of Civil Litigation and Practice (JCivLP) Tagged: “People Who Live in Glass Houses”: Fearn v Tate Gallery Board of Trustees Alexander Sloan Article Benjamin Teng Campbells Cash and Carry Pty Ltd v Fostif Pty Ltd case notes Craig v Williams: Allegations of Apparent Bias Documents Within Reach: Discovery "Powers" Editorial JCivLP Lawyers to Be Able to Take Percentage of Class Action Damages in Victoria but Questions Remain Litigation Funding of Class Actions Approved in Queensland while Maintenance and Champerty Remain the Law Louise Beange Matthew Mortimer Murphy Operator v Gladstone Ports Corp (No 4) Professor Michael Legg Roderick Joyce QSO QC The End of the Chorley Exception in Australia: Bell Lawyers Pty Ltd v Pentelow Wayne Attrill