The following Journal update articles where posted originally in the Journals Talk blog.
The latest Part of the Local Government Law Journal publishes the following articles: “Amendments to s 97B of the EP&A Act: Amelioration of a poor policy decision or rectification of bad drafting?” – Mark Hamilton; “Meeting the climate change challenge in local government decision-making with the use of sustainable climate change adaptation modelling” – Judith Preston and Jennifer Scott; and “Out of land and out of pocket: An analysis of compensation for disturbance following the compulsory acquisition of land in NSW” – Nicholas Brunton. There is also a Digest of Cases, Supreme Court and Equivalent Decisions and Merits Appeals sections.
The latest Part of the Australian Business Law Review publishes the following articles: “A step too far in consumer credit protection: Are external dispute resolution schemes wielding the sword of Damocles?” – Franci Cantatore and Brenda Marshall; “Advertising by professions and the Competition and Consumer Act 2010 (Cth)” – Anthony Gray; “Do deep pockets have a place in competition analysis?” – Rhonda L Smith and David K Round; and “How likely is “likely”? Metcash, counterfactuals and proof under s 50″ – Daniel McCracken-Hewson. There is also a Consumer Dealings section and a Franchising section.
The latest Part of the Company and Securities Law Journal includes three interesting articles. The first is by Emma Armson and examines the takeover policy considerations arising where a rights issue involves a high ratio of shares being issued compared to the number of existing shares. The second comes from James Paterson and outlines the parties to whom the AFL Ltd’s board of commissioners owe legal obligations under equitable, fiduciary and statutory directors’ duties, and considers those duties in light of the AFL Ltd’s objectives stated in its constituent documents. The final article is by Helen Wei Hu and On Kit Tam and aims to explore whether the recently developed independent director systems in China and India could be characterised as convergent or divergent.
The October Part of the Journal of Judicial Administration includes the following articles: “Managing the paper: Taming the Leviathan” – Hon Justice Peter Vickery; “Reflections on ADR, judging and non-adversarial justice: Parallels and future developments” – Michael S King; “To dream the impossible dream? Therapeutic jurisprudence in mainstream courts” – Pauline Spencer; and “Antisocial personality disorder and therapeutic justice court programs” – Andrew Cannon, Rebekah Doley, Claire Ferguson and Nathan Brooks.
The latest Part of Online Currents contains the usual mix of fascinating articles and sections. Topics canvassed include android tablet e-reading apps, Pinterest and its impact on social media, library and information fellowships, sponsorship, awards and grants and online crafting communities. The list of sections includes Company News, Around the Blogs, Bookshelf and Journals, Databases and Aggregators, Web Watch, Conferences, Meetings and Seminars. Something for everyone!
The latest Part of the Property Law Review includes four great articles on different aspects of property law. The first article comes from Michael Weir and Tina Hunter and discusses the structural conflict between the interests of landholders and titleholders in coal seam gas extraction. The second article is by Elizabeth Toomey and investigates the effect of the Canterbury Earthquake Recovery Act 2011 (NZ) on the established Torrens principles of land ownership. Next is the article by Richard Wu and Mohd Yazid Bin Zul Kepli which considers the global implementation of title registration systems, focusing on common law countries such as Australia, England and the United States. Finally the article by Madeline Gleeson the importance of property law, human rights and development in Cambodia.
The fifth Part of Volume 28 of the Building and Construction Law Journal includes two interesting articles on different aspects of building and construction law in Australia. The first article is by David Trinder and asks the question: “Does constructive acceleration exist in Australian construction contracting in 2012?”. The second article is by Deniz Tas and analyses difficult ground conditions and the rights of a contractor. There are also three Reports and a book review.
The October issue of the Criminal Law Journal includes articles on the proposed changes to the Commonwealth Code’s serious drug offences; the meaning of “dishonesty” in Australia, focusing on the influence of the controversial test invented by the English Court of Appeal in R v Ghosh and the significant differences in the legal rights to post-appeal reviews between the jurisdictions of Britain, Canada and Australia. There is also an editorial, a book review and a digest of criminal law cases.
The latest Part of the Australian Law Journal publishes an article by Eugen Trombitas exploring the Qantas GST case concerning forfeited deposits and offering a NZ practitioner’s perspective; an article by Kerri Eagle and Christopher Ryan which considers the issues surrounding the patient who objects to necessary and possibly urgent treatment; and an article by Stewart Maiden discussing the importance of the centre of main interests in transaction planning. There is also a range of section notes covering such topics as driver disqualification, legal textbooks, compound interest, arbitration clauses, class actions, nuisance, corporations, plus much more.