*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 99 Part 4) contains the following material:<\/p>\n
CURRENT ISSUES<\/a> \u2013<\/strong> Editor: Justice Fran\u00e7ois Kunc<\/strong><\/p>\n CONVEYANCING AND PROPERTY \u2013 Editors: Robert Angyal SC and Brendan Edgeworth<\/strong><\/p>\n FAMILY LAW \u2013 Editor: Grant T Riethmuller<\/strong><\/p>\n ADMIRALTY AND MARITIME \u2013 Editor: Dr Damien J Cremean<\/strong><\/p>\n PERSONALIA<\/a> \u2013 Editors: Emily Vale and Saskia O\u2019Neill<\/strong><\/p>\n The Trustee\u2019s Duty of Care: To Fiduciary or Not to Fiduciary?<\/strong><\/em><\/a> \u2013\u00a0Dr Glen Anderson<\/p>\n There is a school of thought \u2013 preponderant at the time of writing \u2013 which holds that the trustee\u2019s duty of care is not fiduciary. There is an opposing school of thought, however, which holds that the trustee\u2019s duty of care is fiduciary. The long-running debate over the characterisation of the trustee\u2019s duty of care stretches beyond equitable semantics, impacting limitation periods, causation tests, exemption clauses, proprietary relief and contributory negligence. Most importantly, it also impacts doctrines applicable to strangers in the non-trustee fiduciary context such as knowing receipt, knowing assistance and knowing procurement. After analysing the case law provenance of both schools of thought, and other important factors impacting the debate, the article concludes that a tractable argument can be made that the trustee\u2019s duty of care should be characterised as fiduciary.<\/p>\n The Duty to Have Regard to Context as a Force for Change in the Identification of Interpretative Factors<\/strong><\/em><\/a> \u2013 Jeffrey Barnes<\/p>\n The duty to have regard to context is a central organising principle of contemporary statutory interpretation. It mandates that the context of words whose meaning is in question be fully considered in all cases, regardless of whether the meaning of the words, read in isolation, is plain. Significantly, context in this sense is both intrinsic and extrinsic. The author elaborates how acceptance of the principle has led to a great number of the previous restrictions on taking account of particular considerations being removed. The author argues that in CIC Insurance Ltd v Bankstown Football Club <\/em>and following cases the High Court of Australia and other appellate courts have made a significant positive contribution in rationalising the rules for accessing interpretative factors in the course of statutory interpretation.<\/p>\n The Strawmen Trap: Non-Appearance and the Pitfalls of Pseudolaw<\/strong><\/em><\/a> \u2013 Joe McIntyre, Harry Hobbs and Stephen Young<\/p>\n This article examines the growing phenomenon of self-represented litigants utilising the \u201cstrawman duality\u201d form of pseudolegal argument, and the risk of trial judges grappling with the issue. It describes the emergence of a \u201cstrawman trap\u201d whereby, attempts by unwary trial judges to cut the Gordian knot of the convoluted pseudolaw arguments may become an appealable error. It then outlines several different approaches that may be used by trial judges to avoid this trap, and to otherwise deal with pseudolaw challenges. It argues that pseudolaw is an increasingly problematic phenomenon detrimentally affecting both the administration of justice and the interests of litigants, but that a more informed approach can aid the effective diffusing of the threat posed by it.<\/p>\n BOOK REVIEWS<\/a> \u2013 <\/strong>Editor: Angelina Gomez<\/em><\/p>\n For the PDF version of the table of contents, click here: New Westlaw Australia – ALJ Vol 99 No 4 Contents<\/a><\/p>\n Click here to access this Part on New Westlaw AU<\/a><\/p>\n\n
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