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New journals

Fri Sep 20 2019

Psychiatry, psychology and law, Volume 26(4), August 2019 - in this issue : Does eyewitness and interviewer gender influence children's reports? An experimental analysis of eyewitness and interviewer gender on children's testimony Ida Foster, Joshua Wyman, Donia Tong, Kevin Colwell and Victoria Talwar / Development of a measure of mental health stigma including police behaviours Kento Yasuhara, Dana L Formon, Sarah Phillips and Elise M Yenne / Empathy and coping as predictors of professional quality of life in Australian Registered Migration Agents (RMAs) Danielle Raynor and Richard Hicks / Associations between unintended pregnancy, domestic violence, and sexual assault in a population of Queensland women Leah S Sharman, Heather Douglas, Elizabeth Price, Nicola Sheeran and Genevieve A Dingle / "I did it, but not like that" : effects of factually incorrect confessions on juror judgments Eric E Jones, Abby D Bandy and Phillip G Palmer Jr / Observers' performance at evaluating truthfulness when provided with comparable truth or small talk baselines Letizia Caso, Nicola Palena, Aldert Vrij and Augusto Gnisci / The effects of perceived memory ability on memory conformity for an event Lauren A Monds, Mark Howard, Helen M Patterson and Richard I Kemp / Australian arsonists : an analysis of trends between 1990 and 2015 Therese Ellis-Smith, Bruce D Watt and Rebekah M Doley / The marriage of psychology and law : testamentary capacity Simon Zuscak, Ian Coyle, Patrick Keyzer and M Anthony Machin / A retrospective examination of antisocial and risk-taking behaviours Kimberley A Brindle, Terence V Bowles and Elizabeth Freeman / Rethinking the lawyer-client interview : taking a relational approach Jill Howieson and Shane L Rogers / Physical attractiveness and criminal justice processing : results from a longitudinal sample of youth and young adults Kevin M Beaver, Cashen Boccio, Sven Smith and Chris J Ferguson / Predictors of Historical Clinical Risk Management-20 Version 3 (HCR-20:V3) summary risk ratings Jeremy Cheng, Andrew M Haag and Mark E Olver / Third-party views of incarceration : justice, desistance, and offender reintegration Michael R Brubacher

New books

Fri Sep 20 2019

Interesting articles and podcasts

Fri Sep 13 2019

Brats and bitches : recent developments in family provision law and practice : wives, ex-wives, step-children and estranged children by Therese Catanzariti of 13 Wentworth Chambers - examines developments in family provision law and practice

Directors' duties and climate change : keeping pace with environmental challenges by Lord Sales at the Anglo-Australasian Law Society, Sydney - considers climate change and directors' duties

The importance of putting evidence to a witness in cross-examination by Natasha Miller and Amber Burton of Holman Webb - considers Qui v Obeid [2019] NSWCA 207

Law Report (ABC) for 10 September presented by Damien Carrick - Drug testing welfare recipients; US opioid litigation and over-prescribing painkillers in Australia

LawPod UK Ep 92 : Brexit - "It takes two to tango!" - Catherine Barnard looks at the prospects of securing a new deal with the EU

Mental health issues not a shield against discipline and dismissal by Tarsha Gavin and Julia Hong of Allens - considers Monash University v Michael Meaney [2019] FWCFB 2978

Penalties for unfair contract terms – what is the government waiting for? by Scott Alden and Victoria Gordon of Holding Redlich - examines penalties for unfair contract terms

The privilege against self-incrimination in regulatory investigations by Scarlet Reid, Jason Munstermann, Nathan Roberts and Rosemary Kanan of McCullough Robertson - examines privilege against self-incrimination in regulatory investigations

News

Fri Sep 13 2019

New law reports

Fri Sep 13 2019

Federal Court reports, Volume 263(4), September 2019 - in this issue : Commonwealth v Okwume / Construction, Forestry, Maritime, Mining and Energy Union v BHP Billiton Nickel West Pty Ltd / Immigration and Border Protection, Minister for v Ly / Robinson v 470 St Kilda Road Pty Ltd / Viane v Minister for Immigration and Border Protection / Vokes Ltd v Laminar Air Flow Pty Ltd

New journals

Fri Sep 13 2019

Criminal law review, Issue 9, September 2019 - in this issue : Slavery in the UK today Caroline Haughey QC, Riel Karmy-Jones QC and Nicola Padfield / Memory accused : research on memory error and its relevance for the courtroom Chris Brewin and Bernice Andrews / Sentencing terrorism offences : no harm intended? Rory Kelly / R v Adams - the Carltona principle and internment in Northern Ireland Karl Laird / Cases and comments : Criminal Justice Act 2003 s 58 - R v PY, R v SA, Fraud - R v D, Homicide - R v Towers (Jordan), Intermediaries - R v Mahmoud (Shuayb), Magistrates' Court - Director of Public Prosecutions v Berry, Possession of offensive weapon - Garry v Crown Prosecution Service, Sentencing - R v Bailey (Daniel Robert), R v Connor (Christian), Unlawful act manslaughter - R v Braithwaite (Ezekial)

Federal law review, Volume 47(3), September 2019 - in this issue : Ethical infrastructure for a modern judiciary Gabrielle Appleby and Suzanne Le Mire / The significant role of the Australia Acts in Australian public law Liam Boyle / The effect of treaty withdrawal on implementing legislation Elizabeth Brumby / The HCCH judgments convention in Australian law Michael Douglas, Mary Keyes, Sarah McKibbin and Reid Mortensen / Watch this space : the development of commercial space law in Australia and New Zealand Joel Lisk and Melissa De Zwart / Regulating Australia's 'gangmasters' through labour hire licensing Anthony Forsyth / causation in securities and financial product disclosure cases : an analysis and critique Benjamin B Saunders

New judgments

Thu Sep 12 2019

Bell Lawyers Pty Ltd v Pentelow [2019] HCA 29 - Chorley exception, "Treating both the principle and the exception as part of the common law of Australia, it is entirely appropriate for this Court in its capacity as ultimate custodian of the contemporary common law of Australia now to take the step foreshadowed in Cachia of determining that the exception to the general principle should be abandoned"

Brisbane City Council v Amos [2019] HCA 27 - limitation of actions

Carden v Vallelonga [2019] WASC 289 - dispute relating to cooking smells, cigarette smoke, garden maintenance, noise and light

Jeremy Lee v Superior Wood Pty Ltd [2019] FWCFB 2946 - dismissal for refusing to use a biometric scanner in the workplace was unfair

Lee v Lee & Ors; Hsu v RACQ Insurance Limited; Lee v RACQ Insurance Limited [2019] HCA 28 - insurance, motor vehicles, personal injury, "contrary to compelling inferences", "glaringly improbable"

Rumble v The Partnership trading as HWL Ebsworth Lawyers [2019] FCA 1409 - industrial law, casual employee, dismissal, whether actions taken because of applicant's political opinion

Interesting articles, speeches and podcasts

Fri Sep 06 2019

An Australian International Commercial Court - not a bad idea or what a bad idea? by Justice Craig Colvin - makes a case for the establishment of a specialist Australian International Commercial Court

The first foreign lawyer to practice in Afghanistan on Conversations with Richard Fidler - conversation with Kimberley Motley

A guide to contract termination by Stephen Ipp of Greenway Chambers - considers common issues that arise and principles of law that may apply when considering termination of a contract

The High Court rules in favour of the ATO, unlocking the gates to Paradise despite legal professional privilege claimed over corporate documents by Andrew Lacey of McCabe Curwood - considers Glencore International AG v Commissioner of Taxation [2019] HCA 26

Law Report (ABC) for 3 September presented by Damien Carrick - Sandwich boards and skywriting : what's legal and what's not?

Redefining the executive power on Amicus with Dahlia Lithwick - Julian Mortenson discusses presidential powers with host Dahlia Lithwick

Strata scheme collective sale – history in the making by David Stott of HWL Ebsworth - considers Application by the Owners – Strata Plan No 61299 [2019] NSWLEC 111

VBA v Andriotis : is interstate freedom of movement a threat to quality assurance in Australia’s construction industry? by Matthew Bell on Opinions on High High Court Blog - considers Victorian Building Authority v Andriotis [2019] HCA 22

What is a charity? by Darren Fittler, Dalveen Belyea, Elizabeth Lathlean and Kate Pipe of Gilbert + Tobin - examines what a charity is

New journals

Fri Sep 06 2019

Adelaide law review, Volume 40(1), 2019 - in this issue : The Adelaide law review at (Volume) 40 : reflections and future directions Matthew Stubbs / celebration of volume 40 : sixty years on! Michael Kirby / 40 is the new 20 : the changing contours of the Adelaide law review Christian Andreotti and Holly Nicholls / Reflections on publishing the Adelaide law review Anthony Moore / 135 years : reflections on the past, present and future of Adelaide law school Peter Rathjen / Constitutional law and the Adelaide law review John M Williams / South Australia's role in the space race : then and now Melissa de Zwart / Norval Morris and the 'new manslaughter' in the Adelaide law review Ian Leader-Elliott / Isaiah Berlin and Adolf Hitler : reflections and personal recollections Horst Klaus Lücke / Ruminations on personal injury law since 1960 John Keeler / The value of Adelaide law review from a student editor perspective Isabella Dunning, Irene Nikoloudakis and Caitlyn Georgeson / Legal scholarship today John Gava / Publish and collaborate : an invitation Paul Babie / Of titles and testaments : reflections of an American reader of the Adelaide law review John V Orth / Colonial logic and the Coorong massacres Irene Watson / Where do a bird and a fish build a house? An alumna's view on a reconciled nation Andrea Mason / A bail review Martin Hinton / International law in Australia revisited James Crawford and Rose Cameron / Feminist interventions into international law : a generation on Judith Gardam / How laws are made Vickie Chapman / Human rights protections : need we be afraid of the unelected judiciary? Catherine Branson / Reflecting on the waters : past and future challenges for the regulation of the Murray-Darling Basin Adam Webster / Youth justice and the age of criminal responsibility : some reflections Margaret White / The law, equality and inclusiveness in a culturally and linguistically diverse society Melissa Perry / Penal designs and corporate conduct : test results from fault and sanctions in Australian cartel law Brent Fisse / Ordinary corporate vices and the failure of law Suzanne Corcoran / South Australian administrative law : 40 years on Judith Bannister / Succession law : reflections and directions Thomas Gray / Alternative dispute resolution and access to justice in the 21st century Katrina Bochner / The 'age of statutes' and its intersection with fundamental principles : an illustration Marie Shaw and Ben Doyle / Regtech : a new frontier in legal scholarship Vicki Waye

Australian bar review, Volume 47(3), August 2019 - in this issue : Mandatory and quasi-mandatory mediation Philip McNamara / Abuse of process : losing the opportunity to litigate - a court system under pressure C P Shanahan / Antipodean vivisection? Recent analysis of 'ownership' of sperm, body parts, and other disiecta membra Lee Aitken / Does the s 26 contextual truth defence have any practical utility in light of the authorities? Parisa Hart / Matters arising : the interaction between cross-vesting and bankruptcy legislation Patrick Hall / Equitable damages and mitigation of loss Christopher Chiam

Australian law journal, Volume 93(8), August 2019 - in this issue : Current issues Ruth C A Higgins SC (ed) The quarrel between security and freedom, Royal commission into informants, The High Court and reproductive rights, The constitutional contortions of Brexit, Religious freedom : a further update Ruth C A Higgins, The curated page Alexie Glass-Kantor / Conveyancing and property Robert Angyal SC and Brendan Edgeworth (eds) Section 88K : a mechanism to enhance land productivity Richard Lovell, Contracts "subject to contract" : recent developments Nicholas Geason / Around the nation : Tasmania Justice Stephen Estcourt AM (ed) A wise man Stephen Estcourt / Equity and trusts Justice Mark Leeming (ed) Marshalling securities and construing releases in equity Mark Leeming / Vulnerability of elders to physical harm and death : criminal law responses John Anderson / Preventing miscarriages of justice : the reliability of forensic evidence and the role of the trial judge as gatekeeper Chris Maxwell / Rights and freedoms under the Australian constitution : what are they and do they meet the needs of contemporary Australian society? Ashleigh Mills / Prints, profiles and templates : adducing biometric evidence in Australian courts Marcus Smith and Gregor Urbas

Law Institute journal, Volume 93(9), September - in this issue : Be part of the legal debate Stuart Webb / Handing over the practice Karin Derkley / Opposition firm on matters of justice Carolyn Ford / The barrister boycott Simon Smith / Governance structure under review Carolyn Ford / Teaching law in a tech world Fabian Horton / Justice Joshua Wilson Stuart Webb / Patrick William Dwyer / Dial 'M' for metadata : unravelling the mystery Craig Macaulay and David Wishart / When business gets messy Mark Bolton / Arbitration explained Judge Joe Harman / Have retail leases reached their use-by date? Norman Mermelstein / The commercial value of mediation to the new economy Greg Rooney / Federal Court judgments Dan Star QC / Family law judgments Robert Glade-Wright / Supreme Court judgments Professor Greg Reinhardt / Write tech, wrong text Legal Practitioners' Liability Committee / Retrospective rent review Russell Cocks / Addressing civil justice Raquel Dos Santos and Tina Turner / Party party taxations LIV Costs Law Executive Committee / The power of letting go Jonathan Kaplan / Take charge of your workload Judith Bennett / Immediation Peter Moran / Super catch-up catching on Andrew Proebstl / New Act brings dignity Oriana Torcasio and Naomi Hickey-Humble / Access a challenge for lawyers outside city Karin Derkley / Marking 51 years in the law Jonathan Tisher / A word of advice... / 10 habits of highly effective listening Converge International / Singing a different tune Karin Derkley

LSJ, Issue 59, September 2019 - in this issue : Report shows 20-fold increase in NSW police strip searches Kate Allman / Six minutes with Stephen Cutler Amy Dale / The right medicine Tony Butler and Lee Knight / At lunch with... Russell Hodge Amy Dale / Paying a high price Amy Dale / Raids, outrage and reform : what now for press freedom? Patricia Drum / To social... or not to social Emma Heuston / From bullied to bully Rachel Setti / Carving a new line Kirrily Schwarz / In the name of the father Alexandra Power Hanny / The case that changed me, Sophy Woodward Amy Dale / The latest developments in Law Society advocacy and law reform Law Society Policy and Practice Department / Can we come home now? Temporary Exclusion Orders Act raises serious constitutional concerns Professor Helen Irving / Public servants all atwitter : HCA has its say on 'free speech' Jack de Flamingh and Daniel Argyris / The journalist, the warrant and the gatekeeper : is it time for more oversight? Bradley Dean / Sharing personal information to fight fraud against the Commonwealth Jenny Stathis / More e-conveyancing essentials for the modern property lawyer Kye-Tran-Tsai, Claire Martin and Benjamin Adams / NCAT appeal panel taps off on the gold Opal card case Stephen McKenzie and Eva Lu / Tread carefully in charging for non-professional work in the administration of estates Louise Brown / Ethics must be part of your trust account's DNA Frances Moffitt / The 'relevant insurer' in the Motor Accident Injuries Act Belinda Cassidy / Paradise lost : Glencore loses High Court bid to extend legal professional privilege Talitha Fishburn / Foreign trusts and duty - it's just not cricket Amanda Tully / The latest from the Federal Court Dan Star QC / Family law Robert Glade-Wright / Criminal law Thomas Spohr / Elder law and succession Darryl Browne

Proctor, Volume 39(8), September 2019 - in this issue : Our evolution of innovation : the value of learning and open minds Bill Potts / election 2019 kicks off : why you should be part of it Rolf Moses / Vale Des Butler / QUT appoints law dean / Celebrating NAIDOC : Voice, truth and First Nations in conversations / Chantelle connects with Indigenous moot / Irrigation schemes transfer to local management Sian Thomas / Sink or swim? Eleanor Sondergeld / Innovation in law Peter Lyons / The legal supply chain and the future of law firms Joel Barolsky / People centred legal innovation - is there any other kind? Terri Mottershead / what is your practice worth if you were to sell it? Steve Tindall / Innovation, technology and the legal professionals of tomorrow Tony Keim / Is time up on mistake of fact? Tony Keim / Evidence proves it's time for change Jonathan Crowe / 'Honest and reasonable is enough' Laura Reece / Applying the principle of fairness Rachael Field / The universal right to plead one's case Rebecca Fogerty / Nareeta's shining progress John Teerds / Breaking down the barriers : embrace the privilege of pro bono service QLS Access to Justice Pro Bono Committee / When is unpaid work lawful : a guide for law students, graduates and legal practices Marcelle Webster / Plugging you into a world of knowledge David Bratchford / Pleading breach of contract Kylie Downes QC and Maxwell Walker / Computer says no... but then what? Angus Murray / Conflicts of interest : to act or not to act? to restrain or not to restrain? Christine Smyth / High Court and Federal Court casenotes Andrew Yuile and Dan Star QC / Mother's 'wrong beliefs' lead to appeal loss Robert Glade-Wright / Court of Appeal judgments Bruce Godfrey / Leadership, people management and personality Graeme McFadyen

New books

Fri Aug 30 2019

Interesting articles and podcasts

Fri Aug 30 2019

Fair Work decision highlights Privacy Act obligations for employers by Luke Dale, Clare Raimondo, Daniel Kiley, Jessica Nicholls and Stephanie Leong of HWL Ebsworth - considers Jeremy Lee v Superior Wood Pty Ltd [2019] FWCFB 2946

Is a mobile phone a computer? The Federal Court says no by Lucy Cottier, Isobel O'Brien and Lesley Sutton of Gilbert + Tobin - considers Luppino v Fisher (No 2) [2019] FCA 1100

Law Report (ABC) for 27 August presented by Damien Carrick - Is Pell off to the High Court of Australia?

Trusts and insolvency in the High Court : the Carter Holt case presented by Jason Harris, Dr Allison Silink and Carrie Rome-Sievers at the University of Sydney - considers Carter Holt Harvey Woodproducts Australia Pty Ltd v The Commonwealth [2019] HCA 20

New judgments

Fri Aug 30 2019

Cruse v State of Victoria [2019] VSC 574 - tort, damages, battery and assault, plaintiff arrested without warrant on suspicion of terrorism offence

Roadshow Films Pty Limited v Telstra Corporation Limited [2019] FCA 1328 - intellectual property, carriage service providers, "whether online locations outside Australia infringed or facilitated the infringement of copyright works"

Rush v Nationwide News Pty Limited (No 9) [2019] FCA 1383 - defamation, application for permanent injunction to restrain republication of the defamation

New law reports

Fri Aug 30 2019

Commonwealth law reports, Volume 263(3), August 2019 - in this issue : Gallagher, Re / Hughes v The Queen / Koani v The Queen / Nash [No 2], Re

Federal Court reports, Volume 263(3), August 2019 - in this issue : Akiba v Queensland / EHT18 v Melbourne IVF / Ellison v Sandini Pty Ltd / Taxation, Federal Commissioner of v BHP Billiton Ltd

South Australian state reports, Volume 132(3), August 2019 - in this issue : Attorney-General (SA) v Marmanidis / Green v Ellul (No 3) / Human Services (Cth), Departmet of v Fitzpatrick / North Adelaide Service Partnership v Retail Employees Superannuation Pty Ltd / Pastina Pty Ltd v Hosanna Excelsis One Universal Church Inc / Police v Heintze / R v Ruzehaji

New journals

Fri Aug 23 2019

Victorian Bar news, Issue 165, Winter 2019 - in this issue : Cultural intelligence at the Bar Arushan Pillay and Richard Ingleby / Putting your Bar subscription to work Matt Collins / Barristers as trusted advisors to corporate counsel Katherine Lorenz / Giving back to the community : the 2019 Pro Bono Awards / 2019 Victorian Bar dinner / Peter O'Callaghan QC gallery extension Siobhan Ryan / The gallery's new space - the Hartog Berkeley QC room Hon Justice Susan Kiefel QC / Testing their mettle : prospective arbitration professionals moot in Melbourne Caroline Kenny / Launch of United Chambers in Dandenong : access to justice for the Afghani community Roona Nida with Natalie Hickey / Richter and Dunn portrait unveiling Campbell Thompson / Playing for the inaugural Serviceton trophy at Royal Adelaide, returning empty-handed Caroline Paterson / The Flagstaff bell Caroline Paterson / What does the 'Barrister X' saga mean for us? Natalie Hickey with Matt Collins / The mental health benefits and burdens of keeping other people's secrets Natalie Hickey / A barrister's obligations to keep client information confidential Roisin Annesley / Where we come from Colin Golvan QC / Delusions of certitude : an interview with Dr James Raymond Justin Wheelahan / Disruption and innovation in the family law space Talya Faigenbaum and Annette Charak / The more things change the more they stay the same Jack Rush / Back of the lift / A bit about words : the C word Julian Burnside / Secret judge / How can I get the best spot at the Bar table without looking obvious / How storytelling is integral to justice Peter Heerey / Response to Christchurch - towards a federal religious vilification law in the age of technology Jennika Anthony-Shaw / Her name is the marathon and she is dangerous Mark Purvis