*Please note that the links to the content in this Part will direct you to Westlaw AU.<\/p>\n
To purchase an article, please email: LTA.Service@thomsonreuters.com<\/a>\u00c2\u00a0or\u00c2\u00a0contact us on 1300 304 195\u00c2\u00a0(Australian customers) or +61 2 8587 7980\u00c2\u00a0(international customers) during business hours\u00c2\u00a0(Mon-Fri, 8am-6pm AEST).<\/p>\n The latest issue of the\u00c2\u00a0Australian Law Journal<\/em> (Volume 92 Part 6) contains the following material:<\/p>\n CURRENT ISSUES <\/strong><\/a>\u00e2\u20ac\u201c Editor: Justice Fran\u00c3\u00a7ois Kunc<\/strong><\/p>\n CONVEYANCING AND PROPERTY <\/strong><\/a>\u00e2\u20ac\u201c Editors: Robert Angyal SC and Brendan Edgeworth<\/strong><\/p>\n AROUND THE NATION: TASMANIA <\/strong><\/a>\u00e2\u20ac\u201c Editor: Justice Stephen Estcourt AM<\/strong><\/p>\n AROUND THE NATION: WESTERN AUSTRALIA <\/strong><\/a>\u00e2\u20ac\u201c Editor: Justice Kenneth Martin<\/strong><\/p>\n PERSONALIA<\/a> <\/strong>\u00e2\u20ac\u201c Editor: Emily Vale<\/strong><\/p>\n Commonwealth<\/strong><\/p>\n New South Wales<\/strong><\/p>\n RECENT CASES <\/strong><\/a>\u00e2\u20ac\u201c Editor: Ruth CA Higgins SC<\/strong><\/p>\n Extending the Life of a Discretionary Trust<\/a>\u00c2\u00a0\u00e2\u20ac\u201c<\/strong><\/em>\u00c2\u00a0Michael Flynn QC<\/p>\n This article sets out the three requirements that must be satisfied to vary the vesting date and thereby extend the life of a discretionary trust. The first and most obvious of these is that the vesting date must not yet have arrived. The second requirement is that the trust\u00e2\u20ac\u2122s vesting date must be capable of variation, by the trustee, the collective agreement of the beneficiaries (under the rule in Saunders v Vautier<\/em>), or by the court. The final requirement is that the extension of time must comply with the trust\u00e2\u20ac\u2122s perpetuity period (which will depend on the drafting of the trust and the legislation presiding over it). Having examined these requirements, the capital gains tax consequences of any change to a trust\u00e2\u20ac\u2122s vesting date are considered.<\/p>\n Unseen Networks: The Legal Professions’ Involvement in the Law Reform (Miscellaneous Provisions) Act 1944 (NSW)<\/a> \u00e2\u20ac\u201c<\/strong><\/em>\u00c2\u00a0Mark Lunney<\/p>\n Prior to the foundation of permanent law reform bodies in the second half of the 20th century, the process of statutory law reform of private law in Australian jurisdictions was a largely unseen exercise. Drawing on archival sources, this article explores the role that members of the legal profession played \u00e2\u20ac\u0153behind the scenes\u00e2\u20ac\u009d in the creation of one of the most radical law reforms in private law in New South Wales in the first half of the 20th century, the extension of liability for negligently-caused nervous shock. Members of the profession both agitated for reform and provided suggestions for change and in doing so they demonstrated a willingness to depart from developments in England thought inappropriate and a determination to create a solution which would place New South Wales at the forefront of the best modern legal developments.<\/p>\n Can There Ever Be Affordable Family Law?<\/a>\u00c2\u00a0\u00e2\u20ac\u201c<\/strong><\/em>\u00c2\u00a0Patrick Parkinson and Brian Knox<\/p>\n The current operation of the family law system continues to be a source of great dissatisfaction to almost everyone caught up in it. There are many reforms that could ensure that the system works better within the existing budgetary envelope. These include better gatekeeping strategies to ensure that people have made efforts to resolve their disputes, or to narrow the issues, before filing; listing priority to be given to parties who have taken all reasonable steps to resolve their dispute; obligations on practitioners and judges similar to those contained in the Federal Court of Australia Act 1976<\/em> (Cth) to facilitate the just, quick and cheap resolution of the real issues; the greater use of costs orders against people who pursue unreasonable or unnecessary applications or responses to applications; and legislative provisions to deter unethical lawyering. Finally, the article explains the rationale for the pilot of Parenting Management Hearings for self-represented litigants.<\/p>\n BOOK REVIEWS <\/strong><\/a>\u00e2\u20ac\u201c Editor: Angelina Gomez<\/strong><\/p>\n OBITUARY<\/strong><\/a><\/p>\n For the PDF\u00c2\u00a0version of the table of contents, click here: ALJ Vol 92 No 6 Contents<\/a>.<\/p>\n\n
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