Australian Law Journal update: Vol 95 Pt 7
By journalalerts on August 13, 2021
Tag: Ruth C A Higgins SC
Australian Law Journal update: Vol 95 Pt 5
By journalalerts on May 31, 2021
Posted In: Australian Law Journal, The (ALJ) Tagged: ALJ Anshun estoppel Around the nation: Tasmania articles Australia's uniform defamation laws award debtor Breach breach of contract coercive control comity towards foreign courts contextual truth defence contract Current issues debtor precluded from invoking a defence Defamation: Serious Harm And Contextual Truth doctrines of issue duty End of Life Choice: Coming to New Zealand by the Road Less Travelled equity Estoppel And Enforcement Of International Arbitration Awards family law Fiduciaries finality and enforceability of awards framework for sentencing animal cruelty offenders Gabrielle Wolf harm to reputation caused by publication of defamatory matter Hobart's Supreme Court Buildings human rights James O’Hara Jane Kotzmann Joint Venture Justice François Kunc Justice Matthew Palmer Justice Stephen Estcourt AM losing party to an arbitration award Major UN Review of Australia's Human Rights Record Mirko Bagaric misleading and deceptive conduct Model Defamation Amendment Provisions 2020 New Zealand principle of proportionality Procuring Breach of Fiduciary Duty Recent cases relationship between serious harm and contextual truth resist enforcement of an award Richard Garnett Richard Ingleby Ruth C A Higgins SC sanctions imposed for animal cruelty offences Section 114AB: Semantics and Chaos serious harm threshold Simon Rice termination The Curated Page The Rule of Law Towards A Coherent Sentencing Jurisprudence For Animal Cruelty Offences trade and commerce unconscionable conduct
Australian Law Journal update: Vol 95 Pt 3
By journalalerts on March 26, 2021
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Alive and Well in Western Australia Bernice Chen Book reviews Brendan Edgeworth Bruce M Debelle AO QC can the rules be repealed by ordinary motions in the two party rooms Church State and Family: Reconciling Traditional Teachings and Modern Liberties Constitutional Unwritten norms in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?
Australian Law Journal update: Vol 94 Pt 12
By journalalerts on December 29, 2020
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
Australian Law Journal update: Vol 94 Pt 7
By journalalerts on July 27, 2020
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) [2019] 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
Australian Law Journal update: Vol 94 Pt 2
By journalalerts on March 20, 2020
Posted In: Australian Law Journal, The (ALJ) Tagged: Advocacy Lawyering ALJ Anna Collyer Anti-Suit Injunctions In Aid Of Legal Or Equitable Rights articles Book reviews Brendan Edgeworth Client Responsibility And Change Agendas competition and consumer law Contractual Consistency is Key in Conveyancing Conveyancing and property Crime and Evidence Current issues Daniel Butler Daniel Reynolds Digital Platforms and Australian Law Encounters with Constitutional Interpretation and Legal Education Essays in Honour of Michael Coper Editor James Stellios EU Antitrust Policy Leads the Way on Digital Platforms Indefeasibility for Registered Mortgages James Stellios John Kettle Justice François Kunc Justice Phillip Priest Lawyers and the Black Box of Technology Limitation Period For Breach By A Trustee Of The "Self-Dealing" And "Fair-Dealing" Rules Lyria Bennett Moses Mahla Pearlman Oration 2018 Michael Coper Peter Devonshire Playford Vineyard v Wishford Nominees Recent cases restitution Robert Angyal SC Rohan Havelock Ruth C A Higgins SC Technology and the Law The Curated Page The Future Is Here Today The Hon Robert French AC The Impact of Equity and Restitution on Commerce Trial by Judge Alone: Time for a Rethink? unjust enrichment Where Land Owners and Builder Entered into Contract to Which Domestic Building Contracts Act 1995 (Vic) Applied Whether Builder Entitled to Recover in Restitution as Alternative to Claim in Damages for Breach of Contract Whether Contract Price Operated as Ceiling on Amount Recoverable by Way of Restitution Work and Labour Done
Australian Law Journal update: Vol 93 Pt 12
By journalalerts on December 29, 2019
Posted In: Australian Law Journal, The (ALJ) Tagged: A New Link across the Tasman Administrative Appeals Tribunal ALJ An End-of-Year Innovation Anne Twomey Around the Nation: Northern Territory articles book review Brexit Chief Justice of New Zealand Collective Best Interests In Strata Collective Sales Commonwealth Compulsory Retirement Age for Judges Increased to 72 constitutional law Constitutional Law (Cth) Current issues defamation Dicey on Brexit and the Conservative Nature of Referendums Edward S W Ti Emily Vale Hon Dean Mildren AM RFD QC Implied Freedom of Communication on Governmental and Political Matters Indonesian Law Justice François Kunc Justice Jennifer Hill Justice John Snaden Justice Matthew Palmer Justice Stewart Anderson Justice Wendy Abraham letter to the editor Liability of Media Company Owner of Public Facebook Page for Comments by Third Party Users Migration Agents Registration Authority v Frugtniet New South Wales’ strata regime New Zealand penalty privilege Penalty Privilege In Non-Curial Proceedings: The Decision In Frugtniet Personalia Publication Recent Bill of Rights Cases in New Zealand: From Toupee to Tooth Decay Recent cases Referendums Ruth C A Higgins SC Simon Butt Simon Frauenfelder ss 10(1) 13(11) and 15(1) of Public Service Act Statute and the Common Law Statutory interpretation The Curated Page The Hon John Basten The Hon John Dowsett AM QC The Right Honourable Dame Helen Winkelmann GNZ three-factor test Tim Lindsey Western Australia
Australian Law Journal update: Vol 93 Pt 8
By journalalerts on August 9, 2019
Posted In: Australian Law Journal, The (ALJ) Tagged: adducing biometric evidence in Australian Courts ALJ Angelina Gomez Around the nation: Tasmania Ashleigh Mills Book reviews Brendan Edgeworth Chris Maxwell constitutional contortions of Brexit Conveyancing and property Current issues elder abuse equity and trusts Gregor Urbas Jessica Milner Davis John Anderson Judges Judging and Humour Justice Mark Leeming Justice Stephen Estcourt AM Key Issues in Public Law Marcus Smith Neil Williams SC Palgrave Macmillan quarrel between security and freedom reliability of forensic evidence religious freedom rights and freedoms under the Australian Constitution Robert Angyal SC Royal Commission into informants Ruth C A Higgins SC Sharon Roach Anleu Tanya Josev The Campaign Against the Courts: A History of the Judicial Activism Debate The Curated Page the High Court and reproductive rights
Australian Law Journal update: Vol 93 Pt 7
By journalalerts on July 12, 2019
Posted In: Australian Law Journal, The (ALJ) Tagged: (2016) 90 Australian Law Journal 190 page 204 Admiralty and Maritime ALJ alternative versions of a fact amendments to the International Arbitration Act 1974 (Cth) arbitration clauses and the High Court Around the Nation: Victoria ASIC's and APRA's attitudes to enforcement Australia and Timor-Leste conciliation and maritime boundary treaty climate change and the law competition and consumer law competitive neutrality and state aid complaint handling role of the Australian Human Rights Commission (AHRC) constitutional law corrigendum Current issues Dan Butler Dr Damien J Cremean Dr Nuncio D’Angelo Emeritus Professor Michael Coper AO Emeritus Professor Rosalind Croucher AM Emily Vale enforcement of foreign judgments family law good faith in contracts International focus issue estoppel John Kettle Justice Andrew Bell Justice Clyde Croft AM Justice Crennan Justice Elizabeth Wilson Justice Lea Armstrong Justice Patricia Henry new and old ideas about estoppel and election new International Law Editor for ALJ Obituary Part IVA of the Federal Court of Australia Act 1976 (Cth) Personalia politics and the rule of law pollution of the seas and admiralty Professor Stuart Kaye Recent cases religious freedom representative proceedings review of franchising law Richard Ingleby Ruth C A Higgins SC Stanford v Stanford (2012) 247 CLR 108 The Curated Page The Hon Justice Stephen Gageler AC The Hon K R Handley QC
Australian Law Journal update: Vol 93 Pt 4
By journalalerts on April 10, 2019
Posted In: Australian Law Journal, The (ALJ) Tagged: ALJ Angus Stewart SC Anne Twomey Anthony Gray Australian law of contract reform Brendan Edgeworth Chief Justice Dame Sian Elias class actions competing class actions constitutional law Conveyancing and property cultural change in the legal profession Current issues discrimination law and strata schemes Dr Damien J Cremean easements and recreation Emily Vale Full Federal Court in Westpac Banking Corp v Lenthall Hocking case International Criminal Tribunal for the Former Yugoslavia (ICTY) internationalisation of Australian criminal lawyers internment of terrorism suspects John Eldridge judicial bullying in the United Kingdom Justice Andrew Tinney Justice François Kunc Justice Helen Winkelmann Justice Kelly Rees Justice Lesley Taylor Justice Michael B J Lee Justice Steven Moore Legal Profession Uniform Scheme legitimacy of a judicial decision letter to the editor McKell v The Queen (2019) 93 ALJR 309; [2019] HCA 5 NSW Court of Appeal in Brewster v BMW Australia Ltd Personalia Queen's letters Recent cases Robert Angyal SC Ruth C A Higgins SC Sarah Pitney The Curated Page Tiger Yacht Management Ltd v Morris [2019] FCAFC 8