*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 95 Part 9) contains the following material:<\/p>\n
CURRENT ISSUES<\/a> \u00e2\u20ac\u201c Editor: Justice Fran\u00c3\u00a7ois Kunc<\/strong><\/p>\n Click here to access on New Westlaw<\/a><\/p>\n CONVEYANCING AND PROPERTY<\/a> \u00e2\u20ac\u201c Editors: Robert Angyal SC and Brendan Edgeworth<\/strong><\/p>\n Click here to access on New Westlaw<\/a><\/p>\n AROUND THE NATION: WESTERN AUSTRALIA<\/a> \u00e2\u20ac\u201c Editor: Justice Kenneth Martin<\/strong><\/p>\n Click here to access on New Westlaw<\/a><\/p>\n PERSONALIA<\/a> \u00e2\u20ac\u201c Editor: Emily Vale<\/strong><\/p>\n Click here to access on New Westlaw<\/a><\/p>\n Public Perspectives on Judges\u00e2\u20ac\u2122 Reasons for Sentence<\/strong><\/em><\/a> \u00e2\u20ac\u201c Kate Warner, Caroline Spiranovic, Lorana Bartels, Karen Gelb and Lynne Roberts<\/p>\n In their sentencing remarks, judges aspire to make their reasoning accessible and to appropriately acknowledge victim impact. This article reports on the findings of the National Jury Sentencing Study in relation to the views of empanelled and unempanelled jurors about judges\u00e2\u20ac\u2122 sentencing remarks in a sample of sex and other violent offence cases. It found that most respondents endorsed the clarity and persuasiveness of the judges\u00e2\u20ac\u2122 reasons and there was a relationship between perceptions of the appropriateness of the sentence and the clarity and persuasiveness of reasons. However, there was less agreement in relation to questions about victim impact, perceived victim vindication and balancing victim and offender issues, with significant differences between empanelled and unempanelled jurors. It is argued that making sentencing remarks more accessible to jurors and the general public has the potential to improve public confidence in sentencing generally \u00e2\u20ac\u201c particularly in sex offence cases, where it is most lacking.<\/p>\n Click here to access this article on New Westlaw<\/a><\/p>\n Waiver of Penalty Privilege in Civil Penalty Proceedings<\/strong><\/em><\/a> \u00e2\u20ac\u201c Michael Pearce SC<\/p>\n This article explores the circumstances in which the privilege against self-exposure to penalty can be waived in civil penalty proceedings, the consequences of such waiver and, in particular, whether the privilege, if claimed in a compulsory examination conducted by a regulator, can be subsequently waived. It concludes that a claim for privilege in respect of a statement in a compulsory examination under the corporations legislation does not necessarily prevent the subsequent tender in court of the statement against the examinee.<\/p>\n Click here to access this article on New Westlaw<\/a><\/p>\n Cy-pr\u00c3\u00a8s Remedies in Class Actions \u00e2\u20ac\u201c Quo Vadis?<\/strong><\/em><\/a> \u00e2\u20ac\u201c Georgina Dimopoulos and Vince Morabito<\/p>\n The cy-pr\u00c3\u00a8s doctrine permits a damages award or settlement sum in a class action proceeding to be distributed to the \u00e2\u20ac\u0153next best\u00e2\u20ac\u009d alternative when all or some of the class members cannot, for various reasons, be compensated individually. This article presents the results of the first comprehensive empirical study undertaken in Australia of cy-pr\u00c3\u00a8s remedies granted in class actions. The empirical findings reveal that the cy-pr\u00c3\u00a8s doctrine is alive and well in Australia\u00e2\u20ac\u2122s class action regimes, particularly in relation to uncollected settlement proceeds. The findings also demonstrate that deterrence has become an accepted and integral policy goal in this context. But they also reveal that cy-pr\u00c3\u00a8s relief has been granted in an inconsistent manner by Australian judges. In light of these findings, the article recommends that an express legislative cy-pr\u00c3\u00a8s power be conferred on judges presiding over class actions.<\/p>\n Click here to access this article on New Westlaw<\/a><\/p>\n BOOK REVIEWS<\/a> \u00e2\u20ac\u201c Editor: Angelina Gomez<\/strong><\/p>\n Click here to access on New Westlaw<\/a><\/p>\n OBITUARY<\/strong><\/a><\/p>\n Click here to access on New Westlaw<\/a><\/p>\n For the PDF\u00c2\u00a0version of the table of contents, click here: Westlaw AU \u00e2\u20ac\u201c ALJ Vol 95 No 9 Contents<\/a> or here: New Westlaw AU \u00e2\u20ac\u201c ALJ Vol 95 No 9 Contents<\/a>.<\/p>\n Click here to access this Part on Westlaw AU<\/a><\/p>\n Click here to access this Part on New Westlaw AU<\/a><\/p>\n\n
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