Recent Journal Updates

18 Mar 2022

Content updates

The following Journal update articles were posted originally in Journals Talk.

The latest Part of the Australian Law Journal contains the following articles:

The Use of Real Evidence in Court: Time to Trust the Common Sense of the Jury? – Andrew Hemming
Judicially Identified Limits on the Body Corporate By-Law Making Power – Cooper V The Owners – Strata Plan No 58068 – Cathy Sherry

This Part also includes the following sections:

Current Issues: "Designing an Indigenous Voice"; "A New Australian Resource on Modern Slavery"; "New Cultural Heritage Legislation in Western Australia"; and "The Curated Page"
Letter to the Editor: "What Happens When the High Court Commits a Logical Fallacy?"
Conveyancing and Property: "Electronic Conveyancing: What Happens When the Computer Says 'No'?"
Around the Nation: Victoria: "COVID-19 and Victoria’s Commercial Tenancy Relief Scheme (CTRS)"
New Zealand: "Te Ao Mārama"
Equity and Trusts: "'Well hidden' Equity – Four Equity Eucalypts"
Book Reviews: "The Constitution of the Australian Capital Territory", by Justice David Mossop; and "International Commercial and Investor-state Arbitration – Australia and Japan in Regional Contexts", by Luke Nottage

The latest Part of the Australasian Dispute Resolution Journal includes the following articles:

Mediating via Zoom – Tania Sourdin
Jurisdiction and the Law Governing the Arbitration Agreement: An Australian Perspective and a Case for the Seat Theory – Nolan Youngkwang Lee
The Defective or Pathological Arbitration Clause – Dr Richard Manly QC
Enforcement of Foreign Awards in Australia: Never Under-Estimate the Primacy of the Arbitration Agreement – Albert Monichino QC and Gianluca Rossi
The Concept of "Habitual Residence" under Indian Arbitration Law: Demystifying the Decision in Amway India Enterprises – Aditya Suresh and Vivek Krishnani

Also in this Part are the following sections:

Editorial
ADR Case Notes: "USA Update: Sanctions against Attorneys; and, Mediation as a Condition Precedent to Arbitration and Litigation"

The latest Part of the Australian Journal of Administrative Law includes the following articles:

Designing Administrative Law for an Administrative State: The Carefully Calibrated Approach of the Kerr Committee – Lynsey Blayden
50th Anniversary of the Kerr Committee – Justice John Griffiths
A Call for Ongoing Political Commitment to the Administrative Law Project – Janina Boughey
Transparent Government – Are We Travelling Well? – John McMillan
The Kerr Reforms 50 Years On – Some Personal Reflections – Jaala Hinchcliffe
50th Anniversary of the Kerr Committee Report Judicial Review – Justice John Basten

Also in this Part is an Editorial: "Kerr's Vision Splendid for Administrative Law: Still Fit for Purpose?"

The latest Part of the Building and Construction Law Journal includes the following article:

Lessons for Australia from the UK's Approach to PFIs – Trevor Thomas, Lucy Goldsmith and Kareena Tralongo

Also in this Part are the following sections:

Editorial: "Work-Life Balance for Construction Lawyers in the Post-pandemic Era"
Reports on the following cases: Bensons Property Group Pty Ltd v Key Infrastructure Australia Pty Ltd; Valmont Interiors Pty Ltd v Giorgio Armani Australia Pty Ltd (No 2); Wiggins Island Coal Export Terminal Pty Ltd v Civil Mining & Construction Pty Ltd; and Santos Ltd v Fluor Australia Pty Ltd (No 2)

The latest Part of the Company and Securities Law Journal includes the following articles:

Raising Equity Capital during the COVID-19 Pandemic in Australia: The Efficacy of Regulatory Interventions – Christine Brown and Chloe Ho
The Liability of Directors and Officers When AFS Licensees Provide Defective Financial Product Advice – Corey Byrne
Climate Risk Disclosure, Compliance and Regulatory Drivers: A Textual Tone Analysis – Luisa Unda and Anita Foerster

Also in this Part are the following sections:

Editorial
Corporate Insolvency: "The Plight of the Creditor of a Deregistered Company" – RI Barrett
Company Law: "Investment Switching by Superannuation Fund Executives – Conflicts of Interest, Insider Trading, and Law Reform" – Associate Professor Juliette Overland

The latest Part of the Criminal Law Journal includes the following articles:

Commonwealth Criminal Law and Interference with Automated Vehicles – Mark Brady, Andry Rakotonirainy and Kieran Tranter
Prosecution and Defence Strategies in Non-fatal Strangulation Cases: Are They Influenced By Victim Brain Injury and PTSD? – Sarah Kendall
"You Don't Need to Know": The Australian Experience of Criminal Intelligence as Evidence – Dr Brendan Walker-Munro

Also in this Part are the following sections:

Editorial: "The Pandemic and the Marked Drop in Crime: Correlation or Causation?"
Case and Comment: "Peniamina v The Queen (2020) 95 ALJR 85; 284 A Crim R 558; [2020] HCA 47" – Harriet Holowell
Digest of Criminal Law Cases

The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles:

A Break from Bitcoin – Cryptocurrency Collateral on the Ethereum Blockchain – Ryan Chan
Countdown 2021 and the End of an Era: Mystique, Scandals and the Endgame for the LIBOR Market – Tony Ciro

This Part also includes the following section:

United Kingdom and Europe: "The Future of Money: Central Bank Digital Currencies in the Eurosystem" – Dr Matteo Solinas

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