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Public interest journalism

Thu Feb 08 2018

On the 5th of February the Senate Select Committee on the Future of Public Interest Journalism published its report, see the report here.

Productivity Commission draft report on competition in the Australian financial system

Wed Feb 07 2018

Competition in the Australian Financial System draft report

In its Competition in the Australian Financial System draft report released 7 February 2018 the Productivity Commission questioned the effectiveness of Australia's "four pillars" banking policy which maintains the separation of Australia's four largest banks by preventing/rejecting mergers between them. See 'Four pillars' banking policy is 'ad hoc' and 'redundant', Productivity Commission warns. The shadow treasurer Chris Bowen said, "It is, in our view, not beneficial for banking competition to see the four big banks being able to merge", see 'Four Pillars' policy preventing banks from merging must stay: ALP. The Productivity Commission's final report is expected to be delivered 1 July 2018.

New books

Wed Feb 07 2018

New judgments

Fri Feb 02 2018

Federal Court of Australia judgments

Australian Competition and Consumer Commission v Colgate-Palmolive Pty Ltd (No 4) [2017] FCA 1590 - considered cartel conduct

BHP Billiton Nickel West Pty Ltd v KN (Deceased) (TJIWARL and TJIWARL #2) [2018] FCAFC 8 - native title and validity of future acts

Certain Underwriters at Lloyd’s Subscribing to Contract Number NCP106108663 v Aquagenics Pty Limited (in liquidation) [2018] FCAFC 9 - professional indemnity insurance policy and "wrongful acts"

GlaxoSmithKline Australia Pty Ltd v Reckitt Benckiser (Australia) Pty Limited (No 2) [2018] FCA 1 - considered misleading or deceptive conduct in relation to claims that Nurofen provided faster/more effective relief from pain caused by common headaches than Panadol

New books

Fri Feb 02 2018

Annotated Civil Liability Act 2002 (NSW) (3rd ed) / Dominic Villa

Annotated conveyancing and real property legislation, 2017 - 2018 / Peter Young, Anthony Cahill and Gary Newton

Annotated criminal legislation New South Wales 2017-2018 / Roderick N. Howie and Peter A. Johnson

Australian Fair Work Act 2009 with regulations and rules (9th ed)

Bennion on statutory interpretation (7th ed) / Diggory Bailey and Luke Norbury

Bowstead and Reynolds on agency (21st ed) / Peter Watts and F. M. B. Reynolds

Clerk and Lindsell on torts (22nd ed) / Michael A. Jones and Anthony M. Dugdale (eds)

Commercial tenancy law (4th ed) / Clyde Croft, Robert Hay and Luke Virgona

Cooperation at work : how tribunals can help transform workplaces / Mark Bray, Johanna Macneil and Andrew Stewart

Drafting trusts and will trusts in Australia (2nd ed) / James Kessler and Michael Flynn

The evolving role of trust in superannuation / M. Scott Donald and Lisa Butler Beatty (eds)

Guide to judicial conduct / Council of Chief Justices of Australia

Key issues in public law / Neil Williams (ed)

Law of associations / G. E. Dal Pont

McGregor on damages (20th ed) / Harvey McGregor. 20th edition by James Edelman

Phipson on evidence (19th ed) / Hodge M. Malek (ed)

The place of practice : lawyering in rural and regional Australia / Trish Mundy, Amanda Kennedy and Jennifer Nielsen (eds)

Procedure and evidence in international arbitration / Jeffrey Waincymer

Resolving civil disputes / Michael Legg (ed)

Sports law (3rd ed) / David Thorpe, Antonio Buti, Chris Davies and Paul Jonson

Tensions and traumas in health law / Ian Freckelton and Kerry Petersen

Unconscionable conduct - the laws of Australia (3rd ed) / Paul Vout (ed)

Latest journals

Fri Feb 02 2018

Adelaide law review Vol 38(1) 2017 – In this issue : A colonial history of the River Murray dispute Adam Webster / The constitutional conventions and constitutional change : making sense of multiple intentions Harry Hobbs and Andrew Trotter / Exemplary damages : retribution and condemnation – the purpose controlling the scope of the exemplary damages award Alison Doecke / An Australia-Indonesian arrangement on refugees : exploring the structural, legal and diplomatic dimensions Samuel Tyrer / Sexual orientation and ‘gay wedding cake’ cases under Australian anti-discrimination legislation : a fuller approach to religious exemptions Liam Elphick / The socio-political and legal history of the tax deduction for donations to charities in Australia and how the ‘public benevolent institution’ developed Fiona Martin / An effective priority for the Commissioner of Taxation in liquidation : Bell Group NV (in liq) v Western Australia (2016) 331 ALR 408 Daniel Marateo / Paciocco v Australia and New Zealand Banking Group Ltd (2016) 90 ALJR 835 Rozelle Macalincag / 2016 Senate electoral reforms in the High Court and beyond Shauna Roeger

Australian bar review Vol 44(3), December 2017 – In this issue : An insight into appellate justice in New South Wales Hon Justice MJ Beazley AO / ‘Widgets’ or ‘Wodgets’? A heterodox reappraisal of the fiduciary who ‘steals a business’ : ‘account’, ‘allowances’, ‘consent’ and other perplexing issues Lee Aitken / Anticipatory breach and estoppel — does estoppel provide a unified doctrine for relief in all cases of anticipatory breach? Cameron Meiring and Kenneth Yin / Assessing testamentary capacity from the medical perspective Jane Lonie and Kelly Purser / Inconsistencies in sentencing of theft offenders in Victoria : implications for the ‘instinctive synthesis’ Clare Farmer, Ian Parsons and Mirko Bagaric / A consideration of current issues in private international law Michael Douglas

Australian law journal Vol 91(12), December 2017 - In this issue : Admiralty Act 1988 (Cth) s 6(b) Dr Damien J. Cremean / Paciocco in the High Court : penalties and late payment fees J. G. H. Stumbles / A survey of the High Court of Australia on construction law 1965-2016 Professor John Sharkey

Conveyancer and property lawyer Vol 81(6), 2017 – In this issue : The leasehold estate: useful tool or shackle? Martin Dixon / Taxing grounds Paul Clark / Inheritance and the posthumously conceived child Neil Maddox / More than just a walk in the park : a new view on recreational easements Judith Bray / Burdens, presumptions and confusion in the law on want of knowledge and approval Brian Sloan / Estoppel, registration, and the perils of obiter Juanita Roche / Title to a highway : obligations, function and constitutionalism in the construction of property rights Robin Hickey / Article 1 of the First Protocol and a tenants right to compensation Douglas Maxwell

Criminal law review Issue 1 2018 – In this issue : Speaking up for injustice : reconsidering the provision of special measures through the lens of equality Samantha Fairclough / Admissibility of forensic voice comparison testimony in England and Wales Geoffrey Stewart Morrison / Cross-examining young alleged complainers in Scottish criminal courts Samantha J. Andrews and Michael E. Lamb

Federal law review Vol 45(4) – In this issue : Between form and substance : minimising judicial scrutiny of executive action Mark Aronson / Interrogating ‘absolute discretion’ : are NZ’s parliament and courts compromising rule of law? Hanna Wilberg / The entrenched minimum provision of judicial review and the limits of ‘law’ Lisa Burton Crawford / Re-evaluating the doctrine of deference in administrative law Janina Boughey / Judicial review and merits review : are the boundaries being eroded? Robin Creyke / The unfolding purpose of fairness Matthew Groves / Judicial review of legislators’ motives Nathan Van Wees / Justiciability, access to justice and the development of constitutional law in Canada Gerard J. Kennedy and Lorne Sossin

Law quarterly review Vol 134, January 2018 – In this issue : Legal obligations, legal revolutions Hon. Michael Kirby AC CMG / Intentional harm, accessories and conspiracies Professor Paul S. Davies and Rt. Hon. Sir Philip Sales / Magna Carta, Scotland and Scots law Professor Hector L. MacQueen / Breach of contract : a plea for clarity and discipline Professor Neil Andrews / Misuse of rectification in the law of trusts Simon Douglas

Law society journal Issue 41, February 2018 - In this issue : Lessons on vicarious trauma and wellbeing from a Royal Commission Anna Verney / Crushing waves Lillian Leigh / Animal instincts Claire Chaffey and Lynn Elsey / The human cost of corporate life Dominic Rolfe / The wellbeing road test Kate Allman / A day in the life of Christine Morgan, CEO Butterfly Foundation Jane Southward / A performer with balance Tia Singh / Secrets to living a long and healthy life Joanna McMillan / Are you burning out? Thea O'Connor

Psychiatry, psychology and the law Vol 24(6), December 2017 - In this issue : Children's responsibility for criminal conduct : the principle of doli incapax under contemporary Australian law Ian Freckelton / Duty to avoid injury to oneself and thereby psychiatric injury to others Ian Freckelton / Psychology and legal aspects of dangerous sex offenders : a review of the literature M. T. Rowlands, G. Palk and R. McD. Young / Putting fetal alcohol spectrum disorder (FASD) on the map in New Zealand : a review of health, social, political, justice and cultural developments Anita Gibbs and Kesia Sherwood / The 'worst of the worst' : detectives' beliefs about dangerous violent offender and how to deal with them Mark Rhys Kebbell and Nina Westera / Attributions of blame in acquaintance rape scenarios : the role of blame scale presentation order Annaliese Murdoch and Karen Gonsalkorale / Antecedents, behaviours, and court case characteristics and their effects on case outcomes in litigation for persons with schizophrenia Melissa La Van, Helen La Van and William M. Martin / Mental health and criminal charges : variation in diversion pathways in Australia Fiona Davidson, Edward Heffernan, David Greenberg, Rhondda Waterworth and Philip Burgess / Prison industry and desistance from crime : an Australian perspective Andrew Day, Jo Wodak, Joe Graffam, Eileen Baldry and Linda Davey / Self-reported impulsivity and its relation to executive functions in interned youth Olov Nordvall, Anna Stigsdotter Neely and Bert Jonsson / Examining the effects of violence and personality on eyewitness memory Laura Pajon and Dave Walsh / Responsive versus treatment-resistant perpetrators in batterer intervention programs : personal characteristics and stages of change Pablo Carbajosa, Alba Catala-Minana, Marisol Lila, Enrique Gracia and Santiago Boira / Evaluation of a database for tracking cases of child sexual abuse Cate Bailey, Martine Powell and Gennady N. Baksheev

Public law Issue 1, January 2018 – In this issue : Ultra vires revisited Thomas Adams / 30 years of hurt : the evolution of civil preventive orders, hybrid law, and the emergence of the super-football banning order Mark James and Geoff Pearson / The strange reconstitution of Wales Richard Rawlings / Counter-terrorist law in British universities : a review of the “prevent” debate Steven Greer and Lindsey Bell / Judicial input into parliamentary legislation Robert Hazell and Juliet Wells

University of Tasmania law review Vol 36(2), 2017 – In this issue : Employer deductions from accounts payable under the Fair Work act 2009 (Cth) : restrictions on being both payer and payee Nadia Stojanova / The 2016 amendments to Singapore’s Consumer Protection (Fair Trading) Act – a missed opportunity Wee ling Loo and Ee Ing Ong / Judging a book by its cover: the challenges of prohibiting firearms by their appearance Samuel Diprose Adams / Maritime interception : a snapshot of Australian policy, law and practice, and the opportunity for change Susanna Dechent / Defamation defences and juries : Wilson v Bauer Media (No 6) [2017] VSC 356 Sophie Hey

News

Fri Feb 02 2018

Industrial Relations Commission

On the 1st of February the New South Wales Industrial Relations Commission's 5 judges and 10 staff lodged notice of an industrial dispute in the commission to stop the state government relocating the commission to Parramatta, see NSW Government plan to move IRC from Sydney's CBD hits legal hurdle. Whether the commission can rule on its own dispute is an issue that will be tested in court.

Latest law reports

Wed Jan 31 2018

Federal Court reports Vol 250(3) - reported in this part : Comcare v Farrell (2016) 250 FCR 342 / Lim v Comcare (2017) 250 FCR 298 / Gill v Minister for Immigration and Border Protection (2017) 250 FCR 309 / MNWA Pty Ltd v Deputy Commissioner of Taxation (2016) 250 FCR 381 / Tyne v UBS AG (No 2) (2017) 250 FCR 341