The following Journal update articles where posted originally in the Journals Talk blog.
The latest Part of the Public Law Review includes articles on a wide range of topics, including the loss or impairment of native title; s 6(2)(b) of the Charter of Human Rights and Responsibilities Act 2006 (Vic); what role international law should play in Australian constitutional interpretation; and the power of State parliaments to entrench legislation by enacting manner or form requirements. There are also two Comments, the first discussing executive power after Williams v Commonwealth and the second looks at the use of representative government to bypass representative government. There is also a Developments section.
The latest Part of the Journal of Civil Litigation and Practice publishes the following articles: “Federal court practice and changes in discovery” – Hon Justice Bruce Lander; “Judiciary Act 1903 (Cth), s 79 – State law in federal jurisdiction” – Judge DJ McGill SC; “On proprietary trespass: The availability and application of hypothetical bargain damages” – Brian Mason; “Proportionality: A cultural revolution” – Trevor CW Farrow; and “The Czech Arbitration Court: Online forms of dispute resolution” – Tereza Bartoskova. There is also a Comments section discussing indefeasibility of title, private nuisance and unincorporated associations. Finally there is a review of Class Actions in Australia by Damian Grave, Ken Adams and Jason Betts. Not to be missed!
The first Part of Volume 23 of the AIPJ publishes the winner and runner up of the 2011 AIPJ essay competition. The winning article was written by Tyrone Berger and examines whether or not an anti-dilution remedy exists in s 120(3) of the Trade Marks Act 1995 (Cth) and whether such a remedy is desirable. The runner up was written by Robert (Bob) Vangenne JD and discusses directions for, and issues with, generic top-level domain expansion. Also included in this Part is an article by Clare Bradin in response to the Senate inquiry into the Patent Amendment (Human Genes and Biological Materials) Bill 2010 and a Topic of Interest from David Brennan and Michael Fraser which puts forward copyright reform options to address the problem of missing or not locatable copyright owners.
This Part of JLM includes a wide range of articles and sections to choose from, for example the range includes misleading health service practitioner representations and health outcomes after whiplash, an argument that male circumcision does prevent HIV infection and ethical psychiatric research in Singapore, the legal status of the fetus in NSW and an argument for legalising voluntary physician- based euthanasia, legal capacity under the Convention on the Rights of Persons with Disabilities and open disclosure following medical error. Plus much, much more.
The September issue of the Insolvency Law Journal published the following material: “Debt agreements under Australian bankruptcy law: A successful experiment?” – Mary Wyburn; “Out of the shadows? Clarifying the liability of secured creditors in workouts” – Brendan Fitzgerald; “Fruitful unfair preference actions – what’s a liquidator to do?” – Andrew Poulton; Recent Developments: “Penalties, directors’ duties and non-executive directors: Australian Securities and Investments Commission v Healey (No 2) (2011) 196 FCR 430″ – Maria Nicolae and David Morrison; and Report from NZ: “Personal liability of directors for the debts of phoenix companies” – Lynne Taylor.
The latest Part of the Northern Territory Law Journal publishes on a range of interesting topics, including the interaction between the Aboriginal people of the Territory and the court; the clash of customary law and Australian law; Ngarra law; and legal education in remote Aboriginal communities. Also included in this Part is a case note on civil procedure reforms and a Comment:”Wunungmurra, The Intervention and the Cab-Rank Rule”. Not to be missed.
The latest Part of The Queensland Lawyer includes the following articles: “Coercion in Crime Commissions and the abrogation of the privilege against self-incrimination” – Dan Rogers; ” “Consequential incongruities” – legal professional privilege and disclosure under the Personal Injuries Proceedings Act 2002″ – Ashley Jones; and “The importance of foetal alcohol spectrum disorder for criminal law in practice: Views of Queensland lawyers” – Heather Douglas, Janet Hammill, Elizabeth Anne Russell and Wayne Hall. Also included in this Part is a range of section notes including Commercial Law, Criminal Law, Industrial Law, Book reviews, Reports and much more.
The final Part of Volume 2 of the Family Law Review publishes an article by Michelle Fernando that argues the need for guidelines to be promulgated by the Family Law Courts that give direction to judges on how to meet with children who are the subject of parenting disputes and an article by Danielle Jaku-Greenfield that discusses importance of clear protocols for cooperation between family relationship service providers and family lawyers. Also in this Part are a Family Dispute Resolution, International Family Law and Recent Cases sections.
The September 2012 issue of the Company and Securities Law Journal includes an article by Gill North considering the provisions that prohibit misleading or deceptive conduct, with a particular focus on company disclosure matters, and an article by Helen Anderson, Michelle Welsh, Ian Ramsay and Peter Gahan which utilises leximetric analysis, which involves the numerical coding of the strength of legal protections, to show changes in levels of shareholder and creditor protection in Australia for the period 1970 to 2010. There is also a Securities Industry and Managed Investments section note which looks at statutory novation of contracts.
The September 2012 issue of the Australian Journal of Competition and Consumer Law includes an article by Paul A Czarnota that looks at the AFL, the joint venture defence and single economic entity theory, an edited version of a speech given Chairman of the ACCC, Rod Sims, at the 2012 Competition Law Conference and an article by Rod Sims which seeks to promote understanding of the ACCC’s NBN Co/Optus authorisation decision and its implications. There is also great range of high quality sections, including Economic(s) Matters, Snapshots, Consumer Protection, Reports from Asia and New Zealand, plus much more!
The latest Part of the Australian Law Journal includes an interesting mix of articles and section notes covering a wide range of topics. The first article comes from Geoff Lindsay SC and focuses on the history of contract law in NSW and its broader implications for Australian law. The second article, by Brendan Lim, looks at the case for hypothetical jurisdiction in civil proceedings. The final article is by Paul Miller and questions the benefits of shareholder class actions to the shareholders themselves.
The latest Part of EPLJ includes: “The potential and reality of the environment protection licensing system in New South Wales: The case of water pollution” – Kristy Graham and Ian A Wright; “Navigating muddy waters: Does the High Court have a role in adjudicating interstate river disputes?” – Amy Preston-Samson; “Energy security, oil and the transport sector – is Australia’s policy adequate, reliable and affordable?” – Megan Vine; and ““Planning away” Victoria’s renewable energy future? Resolving the tension between the local and global in windfarm developments” – Lisa Caripis and Anne Kallies.
The September 2012 issue of the Journal of Banking and Finance Law and Practice publishes articles on a wide range of topics related to banking and finance law, including the characterisation of PPSA security interests, the duties of bank customers in minimising fraudulent or unauthorised account transactions, five different categories of cheque fraud and the High Court of Australia’s decision in Equuscorp. Also included in this Part are a range of Section Notes, including Banking Law and Banking Practice, Financial Markets, Securities and Mortgages, Recent Publications and reports from Tokyo and the United Kingdom and Europe.