*Please note that the links to the content in this Part will direct you to Westlaw AU.<\/p>\n
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The latest issue of the\u00c2\u00a0Australian Law Journal (Volume 94 Part 12) contains the following material:<\/p>\n
CURRENT ISSUES<\/a> \u00e2\u20ac\u201c Editor: Justice Fran\u00c3\u00a7ois Kunc<\/strong><\/p>\n LETTER TO THE EDITOR<\/strong><\/a><\/p>\n CONVEYANCING AND PROPERTY<\/a> \u00e2\u20ac\u201c Editors: Robert Angyal SC and Brendan Edgeworth<\/strong><\/p>\n AROUND THE NATION: NORTHERN TERRITORY<\/a> \u00e2\u20ac\u201c Editor: Hon Dean Mildren AM RFD QC<\/strong><\/p>\n CLASS ACTIONS<\/a> \u00e2\u20ac\u201c Editor: Justice Michael B J Lee<\/strong><\/p>\n RECENT CASES<\/a> \u00e2\u20ac\u201c Editor: Ruth C A Higgins SC<\/strong><\/p>\n False Imprisonment \u00e2\u20ac\u201c Appellant Sentenced to Imprisonment Served by Periodic Detention \u00e2\u20ac\u201c Appellant Unlawfully Imprisoned for 82 Days Following Sentence \u00e2\u20ac\u201c Where Appellant\u00e2\u20ac\u2122s Imprisonment Would Otherwise Have Lawfully Occurred \u00e2\u20ac\u201c Whether Award of Only Nominal Damages Appropriate \u00e2\u20ac\u201c Whether Appellant Entitled to Substantial Compensatory or Vindicatory Damages \u00e2\u20ac\u201c Compensatory Principle and Counterfactual Analysis<\/p>\n Responsible Jurimetrics: A Reply To Silbert\u00e2\u20ac\u2122s Critique Of The Victorian Court Of Appeal<\/em><\/strong><\/a> -\u00c2\u00a0Brian Opeskin and Gabrielle Appleby<\/p>\n In a recent article in this Journal, (\u00e2\u20ac\u0153The First 24 Years of the Victorian Court of Appeal in Crime\u00e2\u20ac\u009d (2020) 94 ALJ 455) Gavin Silbert QC examined the frequency with which criminal decisions of the Victorian Court of Appeal (VCA) have been reversed by the High Court on appeal and contended that the VCA\u00e2\u20ac\u2122s performance over its first 24 years has declined significantly over time. We argue that his analysis offers an inaccurate and misleading account. Utilising more sophisticated jurimetric analysis, we conclude that the VCA\u00e2\u20ac\u2122s reversal rates have indeed risen from historic lows, in both criminal and civil matters, but that the Court\u00e2\u20ac\u2122s performance lies within the historical experience of Australia\u00e2\u20ac\u2122s intermediate courts of appeal over the past two decades. At a time when practitioners and scholars are making increasing recourse to the allure of statistics, our reply advocates for a more nuanced understanding of the role of intermediate courts of appeal, and highlights the dangers to public confidence in the judicial system of quantitative analysis that lacks methodological rigour.<\/p>\n Directors\u00e2\u20ac\u2122 Duties In A Post-Hayne World: \u00e2\u20ac\u0153The Company\u00e2\u20ac\u009d As More Than The Sum Of Its Shareholders<\/strong><\/em><\/a> -\u00c2\u00a0Philip Sales<\/p>\n Companies are the principal legal form for business undertakings, reflecting the advantages of a separate legal personality which is continuous across time, limited liability of investors and a sophisticated organisational and decision-making structure which gives extensive business discretion to company directors. Their primary responsibility is to act in the interests of shareholders. Comparing English and Australian law, the article examines how decision-making by companies can be incentivised to take account of business, social and environmental externalities via regulation, taxation and the imposition of duties on company directors. It discusses how the tensions between shareholder interests and those of creditors, employees, consumers and the environment are managed in the course of decision-making structured around the business discretion allowed to directors. Civil society can play a substantial role in setting the environment for commercial activity, regarding what is acceptable and not acceptable.<\/p>\n Some Reservations About The Use Of Artificial Intelligence In Sentencing Decisions<\/strong><\/em><\/a> -\u00c2\u00a0Adrian Staples<\/p>\n In this article I consider the capacity of artificial intelligence to assist judges with sentence determination. I argue that once we are clear both about the capabilities of artificial intelligence and about how these capabilities differ from what judges do and are capable of doing, we will better understand why we must resist the potential of artificial intelligence to remove the responsibility for decision-making from judges in sentencing matters. I make my considerations with reference to current Australian sentencing practises.<\/p>\n 100 Years Of Speaking: Gender Equality Among Barristers Before The High Court<\/strong><\/em><\/a> -\u00c2\u00a0Winsome Hall and George Williams<\/p>\n The participation of women as advocates before the High Court of Australia has never been higher. Nonetheless, female barristers are still underrepresented in appearances and in speaking roles before the nation\u00e2\u20ac\u2122s highest court. This article continues the empirical study of female barristers before the High Court. It conducts an analysis of appearances before the High Court in 2019 to present a statistical overview of the rate at which women are appearing and speaking before the High Court.<\/p>\n BOOK REVIEW<\/a> \u00e2\u20ac\u201c Editor: Angelina Gomez<\/strong><\/p>\n For the PDF\u00c2\u00a0version of the table of contents, click here: ALJ Vol 94 No 12 Contents<\/a>.<\/p>\n\n
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