Journal Updates - May
The following Journal update articles where posted originally in the Journals Talk blog.
The first Part of Volume 17 of the Local Government Law Journal is the first Part to incorporate the Local Government and Planning Law Guide, with both Supreme Court and equivalent decisions and Merits appeals. Also included in this Part are three interesting articles on the proposed licensing of brothels in New South Wales, Existing Use Rights and legal issues and information on natural hazards.
The May issue of the Company and Securities Law Journal includes articles and sections on a range of topics of interest. This Part has two articles which look at the extensive reforms which have taken place in the small loans sector and voluntary administration and the protection of employee entitlements. The sections include notes on circumstances giving rise to a claim, takeovers and public securities, proportional increase in holding, fraud in Chinese reverse mergers, the Singapore Companies Act and much more.
The last Part of Volume 21 of the Journal of Judicial Administration includes three interesting articles on various aspects of law. The first article comes from David Caruso discusses proposed reforms for the cross-examination of child witnesses and the reception and treatment of their evidence. The second article is by Kathy Douglas and discusses the views of mediators about models of tribunal practice and the degree to which mediators improvise around a model. The final article, by Andrea de Smidt and Kate Dodgson, looks at the approach to legal practice taken by the Queensland Public Interest Law Clearing House to achieve the best outcomes for clients with the minimum of resources.
The latest Part of the Northern Territory Law Journal includes an article by George Williams AO which addresses the place of the Northern Territory under the Australian Constitution, and the status of Territorians as “secondclass citizens”.. This Part also includes an article by Patrick Bolton which considers the development and juridical basis of a doctor’s duty of care after Young v Central Australian Aboriginal Congress Inc and argues that its extension to preventable conditions is both contrary to principle and unachievable. There is also a “Current Issue” section looking at the content of double jeopardy in Crown appeals and a “Case notes” section.
The May 2012 issue of the Australian Law Journal publishes an article by Keith Mason examining how the functions and powers of intermediate appellate courts differ from those of the High Court and an article by Hon Justice James Douglas surveying the current position of English law as a source of Australian law, areas of divergence in the common law and statute law and recent developments in English law as it has been affected by European law. Also in this Part are a range of interesting section notes covering such diverse topics as the role of prosecutors, priority in equity, action in rem, estoppel and legal profession discipline, plus much more!
The latest Part of the EPLJ includes three interesting articles dealing with different aspects of environmental law. The first article comes from Dr Nicola Swayne and Angela Phillips and presents a critical analysis of the current and proposed carbon capture and storage legal frameworks across a number of jurisdictions in Australia. The second article is by Dr Andrew Sneddon and considers the ways in which Australia’s courts and tribunals have responded to Aboriginal objections to proposed mining and development activities on the grounds of potential adverse impacts to “sacred sites”. The final article, by Andrea Bassett, explores the inherent conflict of openly presenting sites to the public while also fully protecting their World Heritage values.
The first Part of Volume 2 of the Property Law Review includes three interesting articles on a variety of subjects. In the first article, Sharon Christensen and WD Duncan consider the rule of the risk of loss under a contract for the sale of real property. The second article comes from Cathy Sherry and looks at the presence of children in strata schemes in Sydney and the legal ramifications of children’s falls and injury suffered on common property. The final article is by Rebecca Leshinsky, Kathy Douglas, Peter Condliffe and Robin Goodman and reports on research into the experiences of owners corporation managers and committees regarding conflict in Victoria. There is also a comment on green commercial leases by Susan Bright.
The latest issue of the Australian Journal of Administrative Law includes articles discussing the importance of Kirk v Industrial Relations Commission (NSW) in the entrenchment of the jurisdiction of State Supreme Courts to review State administrative action, the tension between courts’ jurisdiction to address jurisdictional error and Parliament’s ability to expand decision makers’ jurisdiction, and the Hardiman principle as it applies to proceedings before merits review tribunals. There is also an Editorial, Casenotes, Book reviews and a Work and employment section.
The May issue of the Australasian Dispute Resolution Journal includes several interesting articles covering a range of topics, including neutrality in mediation, active listening in mediation, the nature of disputes in owners corporations, New Zealand’s Treaty of Waitangi and interest-based negotiation, how the Chinese courts and arbitration commission have dealt with disputes containing multiple agreements, levels of report domestic violence at family relationship centres and the ways in which the Yoga Sutras can be successfully applied to modern ADR principles, plus much more!