*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 Australian Law Journal (Volume 96 Part 3) 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 AROUND THE NATION: AUSTRALIAN CAPITAL TERRITORY<\/a> \u00e2\u20ac\u201c Editor: Justice <\/strong>David Mossop<\/strong><\/p>\n Click here to access on New Westlaw<\/a><\/p>\n AROUND THE NATION: NORTHERN TERRITORY<\/a> \u00e2\u20ac\u201c Editor: Hon Dean Mildren AM RFD QC<\/strong><\/p>\n Click here to access on New Westlaw<\/a><\/p>\n INTERNATIONAL FOCUS<\/a> \u00e2\u20ac\u201c Editor: Professor Stuart Kaye<\/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 According to the Length of the Legislature\u00e2\u20ac\u2122s Foot \u00e2\u20ac\u201c Equity and the Civil Liability Act<\/strong><\/em><\/a> \u00e2\u20ac\u201c Christopher Chiam<\/p>\n This article considers whether and how the Civil Liability Act 2002 <\/em>(NSW) (CLA) applies to equitable claims. I argue that it does and explore some of those consequences. I first consider Pt 1A of the CLA, and conclude that the provisions governing causation are potentially significant. I then consider Pts 2 and 3 of the CLA in the context of equitable claims involving mental harm. The settled understanding of Pt 3 is that it only applies to claims which require proof of negligence as an essential element, and accordingly it is difficult to see what role it could play. However, Pt 2 may operate to limit the recovery of compensation for claims of breach of confidence. Finally, I argue that equitable claims can be \u00e2\u20ac\u0153apportionable\u00e2\u20ac\u009d, and accordingly may be subject to the proportionate liability provisions of the CLA.<\/p>\n Click here to access article on New Westlaw<\/a><\/p>\n Fiduciary Duties of Representative Parties: Conflicting Case Law and Conflicting <\/strong>Interests<\/strong><\/em><\/a> \u00e2\u20ac\u201c Daniel Meyerowitz-Katz<\/p>\n There is conflicting authority in Australia as to the whether a representative plaintiff in class actions owes fiduciary duties to group members. A majority of the High Court has said in obiter that the plaintiff does owe such duties, but the Victorian Court of Appeal has said that no such duties are owed, in a decision affirmed by the High Court on other grounds. This essay attempts to resolve those positions by reference to the principles underpinning the doctrine of fiduciary duties and to the nature and history of representative litigation. It also looks to cases in the United States, where the law on this point is more developed. The essay concludes that there is a strong argument that fiduciary duties are indeed owed by representative parties, and gives some examples of situations where this may be of some significance.<\/p>\n Click here to access article on New Westlaw<\/a><\/p>\n Recurring Issues in Civil Appeals \u00e2\u20ac\u201c Part 1<\/strong><\/em><\/a> \u00e2\u20ac\u201c Thomas Prince<\/p>\n This is the first part of a two-part article addressing three of the most commonly recurring issues in modern civil appeals. It explores the historical development of the civil appeal both in England and Australia and in light of that development examines the \u00e2\u20ac\u0153standard of appellate review\u00e2\u20ac\u009d required in different kinds of appeal. Part 2 will address the circumstances in which an appellate court is justified in interfering with findings of fact made by a trial judge and when a point can be raised for the first time on appeal.<\/p>\n Click here to access article on New Westlaw<\/a><\/p>\n For the PDF version of the table of contents, click here: Westlaw AU \u00e2\u20ac\u201c ALJ Vol 96 No 3 Contents<\/a> or here: New Westlaw Australia \u00e2\u20ac\u201c ALJ Vol 96 No 3 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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