The following Journal update articles where posted originally in the Journals Talk blog.
The June 2012 issue of the Public Law Review publishes an edited version of the 2011 Sir Anthony Mason Lecture given by The Hon Justice Susan Kiefel AC entitled “Proportionality: A rule of reason” as well as three interesting articles: “Jurisdictional error after Kirk: Has it a future?” by The Hon Justice John Basten; “Judicial review of the administration of parliamentary elections” by Graeme Orr and “An obituary for s 25 of the Constitution” by Anne Twomey. There is also a “Comments” and “Developments” section.
The latest Part of the Insolvency Law Journal includes articles articles on the Federal Court’s exclusive jurisdiction under the Bankruptcy Act, whether leave of court is required to appeal against a decision in favour of a company in voluntary administration or liquidation, the relationship between the early English bankruptcy Acts and current Australian law and Shakespeare’s influence on contemporary perceptions, and whether s 420A of the Corporations Act 2001 (Cth) imposes “strict liability” upon a controller for the failure of an agent or expert to take reasonable care. There is also a Recent Developments section, a book review and a Report from New Zealand.
The June 2012 issue of the Journal of Law and Medicine is a Special Issue on donor conception and the search for information. A wide range of issues are canvassed, including retrospective access to donor conception information, contracts to protect gamete donor anonymity, arguments regarding disclosure of information to donor-conceived individuals, the regulation of assisted reproductive technologies, the withdrawal or withholding of life-sustaining treatment to compromised newborns, decriminalisation of abortion, informed consent, professional indemnity insurance for nurses and midwives, health-related human rights and much more!
The June 2012 issue of the Australian GST Journal is a Special Issue with papers from The Institute of Chartered Accountants in Australia’s National GST Symposium 2012. Five articles are included in this Part: “Interpretation of s 11-15: Significance of the text, context and history” by Justice Richard Edmonds; “A consideration of the jurisprudence in relation to the deduction provisions in the Income Tax Assessment Acts” by David Bloom QC; “What’s VAT got to do with it?” by Associate Professor Rebecca Millar; “Input tax relief and financial supplies: Nexus and relevance for apportionment” by John de Wijn QC and “An ATO perspective on the creditable purpose test” by Robert Olding. Not to be missed!
The second Part of Volume 32 of The Queensland Lawyer publishes an article by Dr Bill Dixon which examines the recently introduced Neighbourhood Disputes Resolution Act 2011 (Qld) with particular focus on the interrelationship of the disclosure obligations imposed by the Act with the operation of standard contractual warranties in Queensland. Also included in this Part are several section notes, including Conveyancing and property law, Health and guardianship law, Tort law, Book reviews, Reports and much more.
The June 2012 Part of the Journal of Banking and Finance Law and Practice includes articles on minimising risks to covered bondholders, preventing the release of commercially-sensitive information under the PPSA, the Basel Accord’s capital adequacy regime and managing insolvency risk in New Zealand’s settlement before interchange payments system. There are also several section notes including Banking law and banking practice, Securities and mortgages and Recent publications.
The June 2012 issue of the Australian Law Journal includes the usual mix of articles and sections covering a wide range of topics, including formation of opinions by insurers, f-cubed litigation, victim’s compensation, criminal appeals, wills and trusts, compound interest, Church disciplinary actions, false identity documents, tribunals, securities laws and much more.
The latest Part of the Family Law Review contains the usual interesting mix of articles and sections covering a wide range of topics including admissions made in the context of financial proceedings, eligibility criteria for assisted reproductive treatment, common intention constructive trusts in the context of the family home, de facto financial claims, child support, family dispute resolution, parenting disputes and much more!
The latest Part of the Criminal Law Journal includes three fascinating articles on different aspects of criminal law. The first article is by Andreas Schloenhardt and Samantha Garbutt and outlines international requirements and explores Australia’s legislative approach to criminalising organ trafficking. The second article, by Mirko Bagaric and Theo Alexander, examines the empirical data on whether specific deterrence and rehabilitation are attainable, and consequently whether they should be retained or abolished as sentencing objectives. The final article comes from Emily Kerr and analyses the contemporary “crisis” of public confidence in Australian sentencing judges, and examines the potential for recent developments in sentencing law and policy to resolve the crisis.
The latest Part of the Company and Securities Law Journal publishes three interesting articles on a range of subjects. The first article places the Ripoll Committee’s recommendation for a statutory fiduciary duty for financial services licensees in the broader context of regulatory responses to financial adviser conflicts of interest. The second article analyses the future of financial advice reforms and argues that the broader implications of these proposals need to be examined. The final article considers the implications of the United Kingdom Supreme Court decision in Belmont Park Investments Pty Ltd v BNY Corporate Trustee Services Ltd  1 AC 383 for Australian law.
The June 2012 issue of the Building and Construction Law Journal includes three interesting articles covering a range of topics related to building and construction law. The first article is by AA de Fina and looks at developments in arbitration in Australia. The second article comes from David Ulbrick and Edward Harrison and discusses the enforcement of upstream duties relating to OHS in Victoria. The final article is by Andrew Murray and discusses moral rights in the context of the construction industry and provides some practical suggestions as to how the processes envisioned by the Copyright Act 1968 may work in practice. There are also two Reports, an editorial and a book review.
The latest issue of the Australian Journal of Competition and Consumer Law includes an article by Nick Seddon and Saul Fridman that considers the inconsistency under the uniform Australian Consumer Law with regard to misleading conduct and contributory fault. There are also several section notes included in this Part: Book reviews, Council considerations, Commission cameos, Enforcements and remedies, Authorisations and notifications, Reports from India, Africa and North America, and much more!
The latest Part of Online Currents includes articles on Content Management Interoperability Services, the 16th Biennial VALA Conference 2012, Ebook indexes, EPUB and the International Digital Publishing Forum and streaming subscription audio. There are also several section notes of interest, including Company News, Around the Blogs, Bookshelf and Journals, Databases and Aggregators, Web Watch and Conferences, Meetings and Seminars.
The latest issue of the Insolvency Law Journal contains an interesting mix of material, including articles on such diverse topics as the history and development of bankruptcy, jurisprudence concerning the legitimacy of fixed charges over receivables and the role of the ATO in insolvency law. There is also a Recent Developments section and a Report from New Zealand.
The June 2011 issue of The Queensland Lawyer is full of interesting articles and sections on a range of topics relevant to the law in Queensland. These include the Murray-Darling Basin Plan, the Criminal Organisation Act 2009, contracting and proportionate liability and elder financial abuse, plus much more.
The June 2011 issue of the Australian Law Journal contains several interesting pieces on a variety of topics, including the “peak indebtedness” theory, the impact Lewis Carroll has had on case law and good faith in Australian contract law.