The following Journal update articles where posted originally in the Journals Talk blog.
The latest Part of The Queensland Lawyer includes the following articles: “Enduring powers of attorney: An effective advanced planning tool or an avenue for financial abuse” – Tsharna Stewart; “Queensland’s single expert UCPR provisions: Dead-letter law or underutilised opportunity?” – Keith W Wylie; and “Coal seam gas development, environmental legislation and power: Towards a pathway for conflict resolution and environmental justice” – Dr Edward Christie. Also included in this Part are several section notes, such as Industrial Law, Criminal Law, Tort Law, Book Reviews, Reports and much more.
The first Part of Volume 20 of the AJ Admin L publishes three articles of interest. The first comes from Amanda McBratney and Myles McGregor-Lowndes and looks at fair government contracts for community service provision. The second article is by Gail Pearson and examines some contemporary features of business self-regulation. The final article is by Kristy Richardson and examines the issue of the particularisation of occupational health and safety breaches in Queensland following the decision of the High Court in Kirk v Industrial Relations Commission (NSW).
The latest Part of the Tort Law Review publishes the following material: “When worlds collide: Transatlantic efforts to curb libel tourism and their implications for Australia” – Michael Gillooly; “Wilkinson v Downton: Pathways to the future?” – Peter Handford; “A consideration of “scope of liability” within the Restatements” – Nicola Bodor; and “Simplifying Canadian negligence actions against public authorities – or maybe not “– Bruce Feldthusen.
The latest Part of the Company and Securities Law Journal publishes the following material: “Damages for negligent valuation of mortgage securities: A finance theory perspective” – David Johnstone and Ben Curtin; “The duty to auction: Real or imagined?” – Andrew Lumsden and Saul Fridman; “The life and times of the Financial Reporting Panel” – Jeffrey Knapp and Stephanie Kemp; Corporate Insolvency: Comment on Consultation Paper 180: ASIC’s power to wind up abandoned companies – Helen Anderson; and Directors’ Duties and Corporate Governance: The conundrum thrown up by the Bell Group decision in the Western Australian Court of Appeal: To whom do directors owe their duties? – Robert Baxt.
The latest Part of the Australian Law Journal includes the following articles: “Cutting the Gordian Knot or entangling it further?” – David Birch and Alice Zheng; “Nominee board members: A duty of confidentiality?” – Laura Free; and “Competing approaches to beneficiary access to trust information: Perhaps not so much of “a fork in the road”” – Thomas Kaldor. There are also several sections included in this Part: Current Issues; Conveyancing and Property; Family Law; Overseas Law; Recent Cases and Book Reviews.
The latest Part of EPLJ includes articles on the key principles and concepts of the Carbon Farming Initiative, the consistency of Australia’s Illegal Logging Prohibition Bill with the WTO Agreement, climate change and shareholder activism in Australia, New South Wales’ renewable energy planning law changes and standalone Aboriginal heritage legislation in New South Wales.
The latest Part of ADRJ includes several interesting articles canvassing a wide range of topics, including international arbitration in Australia, the common law requirement of “good faith”, child-inclusive mediation, legal fairness in ADR processes, judicial mediation in Indonesia and the effectiveness of customary arbitration as a peace-making mechanism in Nigeria. There is also a case note, a Vale for Professor Roger Fisher, a review of a DVD of simulated mediation produced by La Trobe University and a book review.
The final Part of Volume 41 of the Australian Tax Review includes three interesting articles on different aspects of taxation law in Australia. The first article comes from Alex Evans and examines a Cabinet document that sheds light on the federal government’s intention in introducing s 95A(2) to the Income Tax Assessment Act 1936 (Cth). The second article, by Rodney Fisher, examines the circumstances under which a court may grant a stay, arguing that such power partially redresses the power imbalance in favour of the Commissioner, and serves the interests of the law by allowing a tax dispute to be resolved. The final article is by Robin Woellner and examines the decision in FCT v Clark and its implications. Not to be missed!