The following Journal update articles where posted originally in the Journals Talk blog.
The latest Part of The Tort Law Review includes articles on Lord Atkin’s neighbour principle and whether it has any role to play in modern law, an examination of what events qualify as acts of God and what is the main distinction between them and coincidences with relation to intervening causation issues, the doctrine of waiver of tort in contaminated land litigation, and the law of nuisance as a means of protecting against unreasonable interferences with the use of land, including those caused by harms to the environment. Not to be missed!
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “Reflections on judgment writing” – Hon John Doyle AC; “Dealing with querulous litigants – part one” – Judge Roderick Joyce QC and William Fotherby; “Justice and efficiency – the Federal Court Case Management Handbook” – BC Cairns; and “Case appraisal and neutral evaluation: The creation of objective standards for negotiating settlement of protracted civil disputes” – Mark J Rankin. There is also a Comments sections covering such topics as special property; practical litigation; summary judgment and discovery rules, plus much more.
The latest Part of the Australian Law Journal includes an article by John P Bryson which describes the principles of common law pleadings as applied in the Supreme Court of New South Wales prior to the Supreme Court Act 1970 (NSW); an article by Oliver Jones that considers the precedential status in the Federal Magistrates Court of decisions by the Federal Court; and an article by Rachel Mansted which discusses jurisdiction over foreign intellectual property law. Also in this Part are several sections: Current Issues; Letter to the Editor; Conveyancing and Property; Family Law; and Recent Cases.
The latest Part of the Environmental and Planning Law Journal includes articles on the relationship between international law and the Water Act 2007 (Cth) and the Murray-Darling Basin Plan; the role that the High Court has played in resolving disputes regarding the Murray River; the significance of ICM Agriculture Pty Ltd v Commonwealth in the evolution of s 51(xxxi) of the Australian Constitution; the efficacy of legislation intended to prioritise the environment; and the legal framework for water trading in the Murray-Darling Basin.
The latest Part of the Local Government Law Journal publishes an article by Peter Williams arguing for consistency of State government policy in the area of property and development rights, and that, irrespective of State government intransigence, effective transferable development rights schemes are possible. It also includes an article by Sarah Withnall Howe which discusses how the multiple heads of local government within WA hinders the monitoring of local government corruption issues. There is also a Digest of Cases and Merits Appeals section.
The latest issue of the Tort Law Review includes articles on medical liability laws in China, the doctrine of loss of chance and its history in Australia and the United Kingdom, material contribution to risk in the Canadian law of causation and European approaches to causation and the central role which judicial policy plays in resolving both legal causation and intervening causation issues.
The July 2011 issue of the Local Government Law Journal is the first for the new General Editors, John Mant and Mary-Lynne Taylor, and includes several interesting articles on a range of topics as well as a digest of cases. There are articles on water reform in Queensland, development assessment and approval processes in the ACT and the enforcement of environmental and planning laws in NSW, plus much more.
The July 2011 Part of the Environmental and Planning Law Journal contains interesting articles on a range of topics within environmental law. The Part includes articles on the role of property law in environmental management, the impact of an ETS on the law of international investment, a critical analysis of the current planning regime for offshore wind energy in South Australia and the limitations of climate change regulation in Australia.
The July 2011 issue of the Australian Law Journal includes interesting articles and sections on a range of topics. The Part includes articles on a comparative perspective on contractual interpretation and equitable jurisdiction to relieve against penalties. There are also several interesting sections, including Current Issues, Family Law and Book Reviews.
The July 2011 issue of Property Law Review contains an interesting mix of content across several topics, including articles on water management, joint tenancies and the conceptualisation of property. There are also two speeches from the Property Law Review launch, a comment and a book review.
Part 4 of Volume 26 of Online Currents includes the usual interesting mix of articles and sections. In this issue, Paul Bentley discusses the place of traditional art in the digital age, Michelle Clarke gives an overview of the exhibitors at the VALA 2012 Trade Exhibition and Bill Browne looks at existing mashups that librarians and information professionals could use, suggests mashups that libraries could create and discusses some of the tools that can be used to create them. Also in this Part are a range of sections such as Company News, Bookshelf and Journals, Web Watch and Conferences, Meetings and Seminars, plus much more.
The first Part of Volume 22 of the Journal of Judicial Administration includes three articles on a range of issues. The first article comes from Binh Tran-Nam and Michael Walpole and examines how costs to taxpayers influence tax dispute resolution routes in the Australian context. The second article, by Dr Pamela D Schulz, discusses the influence and scope of social media and the theoretical impact on the integrity and independence of courts and the judiciary. The final article is by Anthony Gray and Gerard Elmore and reflects upon the constitutionality of the increasing use by the legislature of minimum mandatory sentencing regimes.
The last Part of Volume 19 of the Australian Journal of Administrative Law includes an article by Matthew Groves which examines the principles governing the hypothetical observer in the bias rule, and an article by Yee-Fui Ng which looks at the structural relationship between the immigration tribunals and the Immigration Department and Minister. Also published in this Part are “Trade, commerce and revenue”, “Work and employment” and “Casenotes” sections, as well as the Index and Tables of Authors and Cases for the Volume.
The latest Part of the Australian Business Law Review includes articles discussing insider trading and the “Chinese wall” defence, security interests within the Personal Property Securities Act 2009, standard of proof required in merger cases following Metcash, and procurement, social enterprises, co-operatives and public service. There is also a Contracts and Restitution section, the New Zealand Newsletter and two book reviews.
The August issue of the Criminal Law Journal includes an interesting mix of articles and sections. The first article comes from John Nicholson SC and examines four assumptions underpinning current sentencing practices and questions their validity. The second article, by Patrick Leader-Elliott, considers a number of questions about the interpretation of the South Australian prescribed non-parole period scheme which have led to conflicting judgments at the appellate level. The final article is by Jonathan Clough and questions when viewing online images constitutes possession, while discussing the nature of possession in the criminal law, and its application to digital images. There is also an Editorial, a Phillips’ Brief and a Digest of Criminal Law Cases.
The latest Part of the Australian Law Journal includes the following articles: “Legal professional privilege: A parochial doctrine?” – Dr R J Desiatnik; “Do you waive privilege by pleading reliance?” – Andrew Eastwood; and “Intervention in constitutional cases” – Angel Aleksov. Also included in this Part are a variety of sections covering a range of topics, such as provocation, privacy, secrecy of press sources, leases and the principle of uncertainty, trust assets, extra-territorial jurisdiction, Dodd-Frank reforms, diplomatic immunity, equitable estoppel and wills. There are also several book reviews and an Obituary of Sir Zelman Cowen AK, GCMG, GCVO, Kt, PC, QC.
The August 2012 issue of the Building and Construction Law Journal includes an article by JE Lunn which proposes various methods by which traditional dispute resolution procedures may be modified to improve efficiency; an article by Richard Manly SC considering the benefits that a liquidated damages clause can provide to contracting parties from practical, commercial and economics perspectives; and an article by Thomas Denehy and Paula Gerber which provides a comparative study of dispute avoidance procedures in use around the world to determine what constitutes world’s best practice when it comes to the prevention and management of construction disputes. There is also a Book Review and a Report.
The August Part of the Australian Journal of Administrative Law is filled with interesting articles and sections on various aspects of administrative law. There are articles on the use of privileged, confidential and inadmissible information by regulators and agencies, judicial review after the High Court decision in Kirk v Industrial Court (NSW) and applying provisions of the Australian Constitution to protect rights from intrusion by State Parliament.
The August 2011 issue of the Australian Business Law Review contains several interesting pieces on a range of topics. There are articles on the use of infringement notices by ASIC for alleged continuous disclosure contraventions, the Australian doctrinal position against the backdrop of good faith, the effect of the Personal Property Securities Act 2009 (Cth) on the Sale of Goods exceptions and much more.
The August 2011 issue of the Journal of Judical Administration is full of interesting articles on a range of topics, including, but not limited to, the concept of 360-degree feedback for judicial officers, the media, public perception and how these can impact on judges and the concepts and practices of therapeutic jurisprudence and restorative justice, both in Australia and internationally.
The August 2011 Part of the Criminal Law Journal contains a range of interesting material on various topics related to criminal law in Australia. The first article provides an analysis of whether offences related to electronic transactions should be considered as theft or fraud. The second article considers the scope of the law of manslaughter to respond to deaths at work. There is also a Case and comment section on marital rape, a digest of criminal law cases and Phillips’ brief.
The August 2011 issue of Online Currents proves to be another fascinating mix of material on a range of topics. There are articles on the 2011 ALIA Information Online conference, the Encyclopedia of Australian Science, successful management of corporate electronic information and environmentally friendly approaches to operating libraries. Also in this Part are the Journal’s regular sections, including, but not limited to, Around the Blogs, Databases and Aggregators and Company News.
The August 2011 issue of the Australian Law Journal includes articles on a diverse range of topics, including the concept of judicial independence in the contemporary Australian context, the privatisation of civil justice and Australia’s Offshore Consitutional Settlement. There are also several interesting sections, including Current issues, Recent cases and the first appearance of the Journal’s new Section: Admiralty and maritime, plus much more.
The August 2011 issue of the Building and Construction Law Journal promises an interesting array of material regarding building and construction law in Australia. There are articles on flexibility and fairness in public procurement as a result of competitive dialogue and the value of dispute review boards to the construction industry. There is also a book review and three reports.
The August 2011 issue of the Australian Tax Review contains three articles on different aspects of taxation law. The first examines aspects of the anti avoidance provisions in Australia and New Zealand, the second discusses the role that the trustees’ right of indemnity plays in tax analysis and the third looks at the problem of “predicting the past” in tax avoidance disputes.
The August 2011 issue of the Australasian Dispute Resolution Journal is filled with interesting articles on dispute resolution across various topics, including alternative dispute resolution, family dispute resolution, arbitration of corporate governance-related disputes and much more.