*Please note that the links to the content in this Part will direct you to Westlaw AU.<\/p>\n
The latest issue of the\u00c2\u00a0Australian Law Journal<\/em> (Volume\u00c2\u00a088 Part 8 ) contains the following material:<\/p>\n The individual judge<\/i><\/b><\/a> \u00e2\u20ac\u201c <\/b>Hon Justice Susan Kiefel AC<\/p>\n This article explores the relationship between judicial independence, individualism and judgment writing. While it is the duty of a judge who disagrees with his or her colleagues to express that disagreement, the issue is more complicated where a judge does agree, but nevertheless deems it necessary to write separately. The current practice of the High Court of Australia encourages the production of joint judgments, without judges having to publish a separate concurrence. Although not suggesting that judges in appeal courts should never write separately from their colleagues, the article considers the reasons for favouring the production of joint judgments, rather than multiple separate judgments.<\/p>\n To purchase this article, complete the Individual Article Sale<\/a> order form and email it to tlranz.journal.orders@thomsonreuters.com<\/a>.<\/p>\n \u00c2\u00a0\u00e2\u20ac\u0153Delivery\u00e2\u20ac\u009d, \u00e2\u20ac\u0153escrow\u00e2\u20ac\u009d, recitals and estoppel, and attestation: Current questions with deeds <\/i><\/b><\/a>\u00e2\u20ac\u201c <\/b>Lee Aitken<\/p>\n The law of deeds is of ancient provenance but continues daily to throw up difficult questions with respect to their meaning and enforceability. Recent authority has considered fundamental issues with respect to when a deed is \u00e2\u20ac\u0153delivered\u00e2\u20ac\u009d, what effect a recital in the deed has, and how it should be attested. The great attractions of using a deed to give effect to a contractual or proprietary intention means that the maker must take constant care to keep in the forefront of the mind those formalities and special rules which affect deeds and their validity.<\/p>\n To purchase this article, complete the Individual Article Sale<\/a> order form and email it to tlranz.journal.orders@thomsonreuters.com<\/a>.<\/p>\n The prerogative writs and the origins of English administrative law <\/i><\/b><\/a>\u00e2\u20ac\u201c <\/b>Clare Langford<\/p>\n This article outlines the development of the prerogative writs, focusing on the writs of prohibition, certiorari, mandamus and habeas corpus, and their contribution to the shape of Anglo-Australian administrative law. These writs were the remedies which gave meaning to the maxim, expressed as early as the 13th century, that the King was under the law. In the 17th century, they permitted lawyers to enforce a particular conception of the English Constitution which has influenced the structure of Australian public law to a great degree. At the same time, these common law remedies offered inadequate protection against governmental excesses in the absence of institutional reform; most importantly, the formalisation of judicial independence.<\/p>\n To purchase this article, complete the Individual Article Sale<\/a> order form and email it to tlranz.journal.orders@thomsonreuters.com<\/a>.<\/p>\n CURRENT ISSUES<\/a> \u00e2\u20ac\u201c Editor: Acting Justice Peter W Young AO<\/b><\/p>\n CONVEYANCING AND PROPERTY<\/a> \u00e2\u20ac\u201c Editor: Peter Butt<\/b><\/p>\n AROUND THE NATION: NORTHERN TERRITORY<\/a> \u00e2\u20ac\u201c Editor: The Honourable Dean Mildren AM RFD QC<\/b><\/p>\n CORPORATIONS AND SECURITIES<\/a> \u00e2\u20ac\u201c Editor: Robert Baxt AO<\/b><\/p>\n INTERNATIONAL FOCUS<\/a> \u00e2\u20ac\u201c Editor: Ryszard Piotrowicz<\/b><\/p>\n OVERSEAS LAW<\/a> \u00e2\u20ac\u201c Editor: Colin Picker<\/b><\/p>\n RECENT CASES<\/a> \u00e2\u20ac\u201c Editor: Acting Justice Peter W Young AO<\/b><\/p>\n OBITUARY<\/b><\/a><\/p>\n For the pdf version of the table of contents, click here: WAU – ALJ Vol 88 Pt 8 Contents<\/a>.<\/p>\nArticles<\/h3>\n
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