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Journal Updates

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  Journals Talk

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

Australian Law Journal update: Vol 95 Pt 3

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

  • Seriously Considering "Seriously Considered Dicta": Precedent after Farah Constructions – Bernice Chen
  • Leadership Spill Rules from the Constitutional Perspective – Greg Taylor 


This Part also includes the following sections:

  • Current Issues: "Options for the Voice to Parliament Releases"; "From 'young' to 'one' by Proclamation"; "Constitutional Unwritten 'norms' in the United States"; "Courtroom Drama in England"; and "The Curated Page"
  • Conveyancing and Property: "Ben-Pelech v Royle: Adverse Possession Alive and Well in Western Australia"
  • Admiralty and Maritime: "'World in a Box' What Legal Issues Might Yet Need to Be Resolved and by What Mechanism?"
  • Equity and Trusts: "When Is an Express Trust Not a 'Trust'?"
  • Family Law: "Pell v The Queen, Unacceptable Risk and Relevant Findings as to the Risk of Harm"
  • Recent Cases: "Negligence – Public Authorities – Costs – Plaintiff Succeeded against Council and Trust but Failed against State and Grandparents – Trial Judge Declined to Make Bullock or Sanderson Order – Whether Error in Failing to Find That Council Caused Plaintiff to Join Other Parties – Non-acceptance of Calderbank Letter – Whether Trial Judge Erred in Making Partial Indemnity Costs Order"
  • Book Reviews: "Church, State and Family: Reconciling Traditional Teachings and Modern Liberties", by John Witte; "Victor Windeyer’s Legacy – Legal and Military Papers", edited by Bruce M Debelle AO QC; "Interpreting Executive Power", by Janina Boughey and Lisa Burton Crawford (eds); "The Foundations and Future of Public Law", by Elizabeth Fisher, Jeff King and Alison L Young (eds); "Statutory Interpretation in Private Law", by Prue Vines and M Scott Donald (eds); "Rectification of Documents", by John Tarrant; "Lord Devlin", by Justice John Sackar


Journal of Civil Litigation and Practice update: Vol 9 Pt 3

The latest Part of the Journal of Civil Litigation and Practice includes the following articles: 

  • Legislating for Common Sense: The Case for (Re)Enacting Pt 2A of the Civil Procedure Act 2005 (NSW) – John Woodward 
  • After the Event Insurance and Security for Costs: Inconsistency in the Australian Approach – Daniel Meyerowitz-Katz 

Also in this Part are the following sections: 

  • Editorial: "Briginshaw and Finding Serious Allegation Proved on the Balance of Probabilities" – Michael Legg; and "The Civil Standard of Proof in New Zealand" – Roderick Joyce QSO QC 
  • Case Notes: "The Federal Court of Australia Limits Orders for Security for Costs in Industrial Class Actions" – Daniel Moloney and Corey Byrne; and "Supreme Court Orders First Opt-Out Class Action in New Zealand: Southern Response Earthquake Services Ltd v Ross" – Nikki Chamberlain
By Journal Alerts