*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 90 Part 5) contains the following material:<\/p>\n CURRENT ISSUES<\/a> \u00e2\u20ac\u201c Editor: Justice Fran\u00c3\u00a7ois Kunc <\/strong><\/p>\n CONVEYANCING AND PROPERTY<\/a> \u00e2\u20ac\u201c Editor: Peter Butt <\/strong><\/p>\n AROUND THE NATION: TASMANIA<\/a> \u00e2\u20ac\u201c Editor: Justice Stephen Estcourt <\/strong><\/p>\n CORPORATIONS AND SECURITIES<\/a> \u00e2\u20ac\u201c Editor: Robert Baxt AO <\/strong><\/p>\n OVERSEAS LAW<\/a> \u00e2\u20ac\u201c Editor: Colin Picker <\/strong><\/p>\n AROUND THE NATION: WESTERN AUSTRALIA<\/a> \u00e2\u20ac\u201c Editor: Justice Kenneth Martin <\/strong><\/p>\n HUMAN RIGHTS<\/a> \u00e2\u20ac\u201c Editor: Simon Rice <\/strong><\/p>\n RECENT CASES<\/a> \u00e2\u20ac\u201c Editor: Ruth C A Higgins <\/strong><\/p>\n Retirement of the Hon Peter W Young AO QC: Seventh Editor of the Australian Law Journal<\/a>\u00c2\u00a0\u00e2\u20ac\u201c\u00c2\u00a0<\/strong><\/em>Hon Michael Kirby AC CMG<\/p>\n Justice Peter Young has stood down as General Editor of the ALJ, after a record 24 years of service. In this reflection, the author (who also farewelled his predecessor J G Starke QC) notes the remarkable features of Peter Young\u00e2\u20ac\u2122s service to the ALJ. It included monitoring and reporting on changes in the law and judiciary over more than two decades; providing regular notes on the growing impact of technology and changing values on the law; attempts to cater for the vast and diverse interests of the Australian legal profession; and adjusting to the growing demands of digital law. The fact that the editorial duties were performed alongside extremely busy judicial activities, as well as writing important legal texts and participating in legal education and Church affairs, speaks volumes for his fidelity to duty and devotion to work for others. A few hints are offered on the possible future interests and activities of Peter Young, to whom Australian lawyers owe a huge debt of gratitude.<\/p>\n To purchase this article, complete the\u00c2\u00a0Individual Article Sale<\/a>\u00c2\u00a0order form and email it to\u00c2\u00a0tlranz.journal.orders@thomsonreuters.com<\/a>.<\/p>\n The Interaction of Statute Law and\u00c2\u00a0Common Law<\/a><\/strong><\/em>\u00c2\u00a0\u00e2\u20ac\u201c\u00c2\u00a0<\/strong><\/em>Hon Sir Anthony Mason AC KBE GBM<\/p>\n This is a tripartite discussion of the interaction between common law and statute. Part I deals with the constitutional dimension, demonstrating ways in which the Constitution shapes and influences the content of the common law, just as it impacts upon statute law. Most notably the Constitution constrains the principles of statutory interpretation and mandates a \u00e2\u20ac\u0153uniform\u00e2\u20ac\u009d common law. Part II illustrates the way in which the common law moderates legislative intention by presumption and rules of statutory interpretation. Part III discusses analogical development of the common law by reference to statute and likewise common law development by reference to statutory policy. The discussion identifies the considerations relevant to such development, including the doctrine of coherence and the relevance of statutory intention.<\/p>\n To purchase this article, complete the\u00c2\u00a0Individual Article Sale<\/a>\u00c2\u00a0order form and email it to\u00c2\u00a0tlranz.journal.orders@thomsonreuters.com<\/a>.<\/p>\n Contours and\u00c2\u00a0Prospects\u00c2\u00a0for Indigenous Recognition\u00c2\u00a0in\u00c2\u00a0the Australian Constitution\u00c2\u00a0and Why\u00c2\u00a0it Matters<\/a><\/strong><\/em>\u00c2\u00a0\u00e2\u20ac\u201c\u00c2\u00a0<\/strong><\/em>Fr Frank Brennan SJ AO<\/p>\n The Australian Constitution does not mention Aboriginal and Torres Strait Islander peoples. Amendment of the Constitution is notoriously difficult to achieve. The 1967 referendum deleted the two adverse references to Aboriginal people. The 50th anniversary of that referendum provides an impetus for the Australian Parliament to consider a further referendum after the 2016 election. The 2012 Expert Panel recommended the insertion of a racial non-discrimination clause in the Constitution. Such a clause is unworkable and unachievable. Constitutional recognition of an Indigenous body advisory to Parliament has also been suggested. A legislative trial of such a body is warranted and should precede any attempt at constitutional entrenchment. The preamble of the Commonwealth of Australia Constitution Act should not be altered. A preamble for the Constitution should be considered only when it is severed from the Imperial Act. Now is the time to consider the insertion of an Acknowledgment of Aboriginal and Torres Strait Islander peoples, their history and aspirations at the commencement of the Constitution. The Commonwealth Parliament\u00e2\u20ac\u2122s s 51 power to make laws could then include the power to make laws with respect to the peoples and matters acknowledged.<\/p>\n To purchase this article, complete the\u00c2\u00a0Individual Article Sale<\/a>\u00c2\u00a0order form and email it to\u00c2\u00a0tlranz.journal.orders@thomsonreuters.com<\/a>.<\/p>\n How Should Academia, the\u00c2\u00a0Practising Profession\u00c2\u00a0and\u00c2\u00a0the Courts Assist Each Other\u00c2\u00a0in\u00c2\u00a0the Education\u00c2\u00a0of Australian Lawyers?<\/a><\/strong><\/em>\u00c2\u00a0\u00e2\u20ac\u201c\u00c2\u00a0<\/strong><\/em>Ailsa McKeon<\/p>\n This article identifies four proposals for increased engagement between academia, the practising profession and the courts for the furtherance of Australian lawyers\u00e2\u20ac\u2122 education. These proposals are, in sum: increased involvement between professional regulation bodies and university students; greater emphasis on critical thinking and problem-solving skills through taught law courses and pro bono activities; greater student engagement with the operation of courts and tribunals; and the training of solicitors from law firms by those within community legal centres in relation to their pro bono activities. The philosophical foundations of the law support such steps, which would be of direct advantage to students and broader benefit to the community.<\/p>\n To purchase this article, complete the\u00c2\u00a0Individual Article Sale<\/a>\u00c2\u00a0order form and email it to\u00c2\u00a0tlranz.journal.orders@thomsonreuters.com<\/a>.<\/p>\n For the PDF\u00c2\u00a0version of the table of contents, click here: ALJ Vol 90 No 5 Contents<\/a>.<\/p>\n\n
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