*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\u00a089 Part 12) contains the following material:<\/p>\n CURRENT ISSUES<\/a> \u00e2\u20ac\u201c Editor: Acting Justice Peter W Young AO <\/strong><\/p>\n CONVEYANCING AND PROPERTY<\/a> \u00e2\u20ac\u201c Editor: Peter Butt <\/strong><\/p>\n CONSTITUTIONAL LAW<\/a> \u00e2\u20ac\u201c Editor: Anne Twomey <\/strong><\/p>\n AROUND THE NATION: WESTERN AUSTRALIA<\/a> \u00e2\u20ac\u201c Editor: Justice Kenneth Martin <\/strong><\/p>\n PERSONALIA<\/a> \u00e2\u20ac\u201c Editor: Clare Langford <\/strong><\/p>\n Queensland <\/strong><\/p>\n Victoria <\/strong><\/p>\n CORPORATIONS AND SECURITIES<\/a> \u00e2\u20ac\u201c Editor: Robert Baxt AO <\/strong><\/p>\n ADMIRALTY AND MARITIME<\/a> \u00e2\u20ac\u201c Editor: Dr Damien J Cremean <\/strong><\/p>\n OVERSEAS LAW<\/a> \u00e2\u20ac\u201c Editor: Colin Picker <\/strong><\/p>\n RECENT CASES<\/a> \u00e2\u20ac\u201c Editor: Acting Justice Peter W Young AO <\/strong><\/p>\n The Governor-General is Australia\u00e2\u20ac\u2122s head of state<\/a> <\/em><\/strong>\u00e2\u20ac\u201c Sir David Smith KCVO, AO<\/p>\n Australia\u00e2\u20ac\u2122s system of government is a parliamentary democracy under the Crown based on the Westminster system. Queen Elizabeth II is Queen of Australia and plays an important part in our system of government. She is part of our Parliament and appoints the Governor-General, on the advice of the Prime Minster, to be her representative. Bills passed by the Parliament are given the Royal Assent by the Governor-General in order for them to become law. The defence force and the public service serve the Crown. As well as being the Queen\u00e2\u20ac\u2122s representative under s 2 of the Constitution, the Governor-General has significant powers under s 61 of the Constitution \u00e2\u20ac\u201c which he or she exercises in his or her own right, and not as the Sovereign\u00e2\u20ac\u2122s representative. Thus the Constitution has the Queen of Australia at its apex, and a Governor-General as the Queen\u00e2\u20ac\u2122s representative, with separate roles under ss 2 and 61 of the Constitution to give us a constitutional monarchy.<\/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 What do we learn from the Court of Appeal decision in Dion Investments and how can the finding be avoided?<\/a> <\/em><\/strong>\u00e2\u20ac\u201c David K L Raphael<\/p>\n The New South Wales Court of Appeal has confirmed that a unilateral decision of trustees does not alone constitute a transaction for the purpose of the Trustee Acts of the States and Territories of Australia. This, then, prevents the court from approving what would otherwise be a breach of trust by virtue of the trustee\u00e2\u20ac\u2122s decision. This article examines the decision in Re Dion Investments Pty Ltd (2014) 87 NSWLR 753 and suggests a way in which what is desired can be achieved.<\/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 Mistaken consumer electronic payments: an Australian solution?<\/a> <\/em><\/strong>\u00e2\u20ac\u201c R R Edwards<\/p>\n The increasing use by consumers of electronic payment systems runs the risk that they may make mistakes. This is especially true when a system only uses numbers and not names. This article explores the problem of trying to recover such mistaken payments at common law and the situation in the United Kingdom and the United States, as well as examining the Australian position under the ePayments Code. The various solutions are assessed as to whether they are efficient: the cost, rule simplicity, and accessibility are focused upon in an attempt to determine this.<\/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 BOOK REVIEW<\/a> \u00e2\u20ac\u201c Editor: Angelina Gomez <\/strong><\/p>\n ANSWERS TO QUIZ<\/a> <\/strong><\/p>\n For the PDF\u00c2\u00a0version of the table of contents, click here:\u00c2\u00a0ALJ Vol 89 No 12 Contents<\/a>.<\/p>\n\n
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