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Publisher: RMIT Publishing   (Total: 403 journals)

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Showing 1 - 200 of 403 Journals sorted alphabetically
40 [degrees] South     Full-text available via subscription   (Followers: 2)
Aboriginal and Islander Health Worker J.     Full-text available via subscription   (Followers: 11)
Aboriginal Child at School     Full-text available via subscription   (Followers: 4)
About Performance     Full-text available via subscription   (Followers: 9)
Access     Full-text available via subscription   (Followers: 25)
ACCESS: Critical Perspectives on Communication, Cultural & Policy Studies     Full-text available via subscription   (Followers: 10)
Accounting, Accountability & Performance     Full-text available via subscription   (Followers: 13)
ACORN : The J. of Perioperative Nursing in Australia     Full-text available via subscription   (Followers: 16, SJR: 0.103, h-index: 4)
Adelaide Law Review     Full-text available via subscription   (Followers: 19)
Advocate: Newsletter of the National Tertiary Education Union     Full-text available via subscription   (Followers: 2)
Agenda: A J. of Policy Analysis and Reform     Full-text available via subscription   (Followers: 1)
Agora     Full-text available via subscription   (Followers: 3)
Agricultural Commodities     Full-text available via subscription   (SJR: 0.102, h-index: 8)
Agricultural Science     Full-text available via subscription   (Followers: 5)
AIMA Bulletin     Full-text available via subscription   (Followers: 4)
AJP : The Australian J. of Pharmacy     Full-text available via subscription   (Followers: 8, SJR: 0.102, h-index: 5)
AlterNative: An Intl. J. of Indigenous Peoples     Full-text available via subscription   (Followers: 7)
Analysis     Full-text available via subscription   (Followers: 4)
Ancient History : Resources for Teachers     Full-text available via subscription   (Followers: 1)
Anglican Historical Society J.     Full-text available via subscription   (Followers: 2)
Annals of the Royal Australasian College of Dental Surgeons     Full-text available via subscription   (Followers: 4, SJR: 0.101, h-index: 11)
ANZSLA Commentator, The     Full-text available via subscription   (Followers: 4)
Appita J.: J. of the Technical Association of the Australian and New Zealand Pulp and Paper Industry     Full-text available via subscription   (Followers: 8, SJR: 0.18, h-index: 27)
AQ - Australian Quarterly     Full-text available via subscription   (Followers: 1)
Arena J.     Full-text available via subscription   (Followers: 1)
Around the Globe     Full-text available via subscription   (Followers: 1)
Art + Law     Full-text available via subscription   (Followers: 11)
Art Monthly Australia     Full-text available via subscription   (Followers: 8)
Artefact : the journal of the Archaeological and Anthropological Society of Victoria     Full-text available via subscription   (Followers: 3)
Artlink     Full-text available via subscription   (Followers: 5)
Asia Pacific J. of Clinical Nutrition     Full-text available via subscription   (Followers: 8, SJR: 0.672, h-index: 51)
Asia Pacific J. of Health Management     Full-text available via subscription   (Followers: 2)
Aurora J.     Full-text available via subscription  
Australasian Biotechnology     Full-text available via subscription   (SJR: 0.1, h-index: 8)
Australasian Catholic Record, The     Full-text available via subscription   (Followers: 7)
Australasian Drama Studies     Full-text available via subscription   (SJR: 0.101, h-index: 2)
Australasian Epidemiologist     Full-text available via subscription  
Australasian Historical Archaeology     Full-text available via subscription   (Followers: 7)
Australasian J. of Early Childhood     Full-text available via subscription   (Followers: 4, SJR: 0.174, h-index: 1)
Australasian J. of Gifted Education     Full-text available via subscription   (Followers: 4, SJR: 0.115, h-index: 3)
Australasian J. of Human Security, The     Full-text available via subscription   (Followers: 3)
Australasian J. of Irish Studies, The     Full-text available via subscription   (Followers: 9)
Australasian J. of Regional Studies, The     Full-text available via subscription   (Followers: 2)
Australasian Law Management J.     Full-text available via subscription   (Followers: 7)
Australasian Leisure Management     Full-text available via subscription   (Followers: 1)
Australasian Musculoskeletal Medicine     Full-text available via subscription   (Followers: 2)
Australasian Music Research     Full-text available via subscription   (Followers: 2)
Australasian Parks and Leisure     Full-text available via subscription   (Followers: 2)
Australasian Plant Conservation: J. of the Australian Network for Plant Conservation     Full-text available via subscription   (Followers: 4)
Australasian Policing     Full-text available via subscription   (Followers: 5)
Australasian Public Libraries and Information Services     Full-text available via subscription   (Followers: 38)
Australasian Review of African Studies, The     Full-text available via subscription   (Followers: 2)
Australian Aboriginal Studies     Full-text available via subscription   (Followers: 9, SJR: 0.109, h-index: 6)
Australian Advanced Aesthetics     Full-text available via subscription   (Followers: 4)
Australian Ageing Agenda     Full-text available via subscription   (Followers: 4)
Australian and Aotearoa New Zealand Psychodrama Association J.     Full-text available via subscription  
Australian and New Zealand Continence J.     Full-text available via subscription   (Followers: 3)
Australian and New Zealand Sports Law J.     Full-text available via subscription   (Followers: 8)
Australian Archaeology     Full-text available via subscription   (Followers: 12, SJR: 0.491, h-index: 15)
Australian Art Education     Full-text available via subscription   (Followers: 6)
Australian Bookseller & Publisher     Full-text available via subscription   (Followers: 1)
Australian Bulletin of Labour     Full-text available via subscription   (Followers: 2)
Australian Canegrower     Full-text available via subscription   (Followers: 2)
Australian Coeliac     Full-text available via subscription   (Followers: 2)
Australian Cottongrower, The     Full-text available via subscription   (Followers: 1)
Australian Educational and Developmental Psychologist, The     Full-text available via subscription   (Followers: 6, SJR: 0.143, h-index: 4)
Australian Family Physician     Full-text available via subscription   (Followers: 2, SJR: 0.364, h-index: 31)
Australian Field Ornithology     Full-text available via subscription   (Followers: 3, SJR: 0.141, h-index: 6)
Australian Forest Grower     Full-text available via subscription   (Followers: 3)
Australian Forestry     Full-text available via subscription   (Followers: 2, SJR: 0.252, h-index: 24)
Australian Grain     Full-text available via subscription   (Followers: 3)
Australian Holstein J.     Full-text available via subscription  
Australian Humanist, The     Full-text available via subscription   (Followers: 5)
Australian Indigenous Law Review     Full-text available via subscription   (Followers: 16)
Australian Intl. Law J.     Full-text available via subscription   (Followers: 25)
Australian J. of Acupuncture and Chinese Medicine     Full-text available via subscription   (Followers: 3, SJR: 0.106, h-index: 3)
Australian J. of Adult Learning     Full-text available via subscription   (Followers: 12, SJR: 0.159, h-index: 7)
Australian J. of Advanced Nursing     Full-text available via subscription   (Followers: 9, SJR: 0.225, h-index: 26)
Australian J. of Asian Law     Full-text available via subscription   (Followers: 5)
Australian J. of Cancer Nursing     Full-text available via subscription   (Followers: 10)
Australian J. of Civil Engineering     Full-text available via subscription   (Followers: 3, SJR: 0.17, h-index: 3)
Australian J. of Dyslexia and Learning Difficulties     Full-text available via subscription   (Followers: 8)
Australian J. of Emergency Management     Full-text available via subscription   (Followers: 5, SJR: 0.401, h-index: 18)
Australian J. of French Studies     Full-text available via subscription   (Followers: 6, SJR: 0.1, h-index: 5)
Australian J. of Herbal Medicine     Full-text available via subscription   (Followers: 3, SJR: 0.109, h-index: 7)
Australian J. of Language and Literacy, The     Full-text available via subscription   (Followers: 3, SJR: 0.399, h-index: 9)
Australian J. of Legal History     Full-text available via subscription   (Followers: 19)
Australian J. of Mechanical Engineering     Full-text available via subscription   (Followers: 3, SJR: 0.129, h-index: 4)
Australian J. of Medical Science     Full-text available via subscription   (Followers: 1, SJR: 0.122, h-index: 5)
Australian J. of Multi-Disciplinary Engineering     Full-text available via subscription   (Followers: 2)
Australian J. of Music Education     Full-text available via subscription   (Followers: 3)
Australian J. of Music Therapy     Full-text available via subscription   (Followers: 5)
Australian J. of Parapsychology     Full-text available via subscription   (Followers: 1)
Australian J. of Social Issues     Full-text available via subscription   (Followers: 6, SJR: 0.178, h-index: 20)
Australian J. of Structural Engineering     Full-text available via subscription   (Followers: 6, SJR: 0.296, h-index: 8)
Australian J. of Water Resources     Full-text available via subscription   (Followers: 6, SJR: 0.226, h-index: 9)
Australian J. on Volunteering     Full-text available via subscription   (Followers: 1)
Australian J.ism Review     Full-text available via subscription   (Followers: 7)
Australian Life Scientist     Full-text available via subscription   (Followers: 2, SJR: 0.1, h-index: 2)
Australian Literary Studies     Full-text available via subscription   (Followers: 5, SJR: 0.1, h-index: 6)
Australian Mathematics Teacher, The     Full-text available via subscription   (Followers: 7)
Australian Nursing J. : ANJ     Full-text available via subscription   (Followers: 4)
Australian Orthoptic J.     Full-text available via subscription  
Australian Primary Mathematics Classroom     Full-text available via subscription   (Followers: 2)
Australian Screen Education Online     Full-text available via subscription   (Followers: 2)
Australian Senior Mathematics J.     Full-text available via subscription   (Followers: 1)
Australian Sugarcane     Full-text available via subscription  
Australian TAFE Teacher     Full-text available via subscription   (Followers: 2)
Australian Tax Forum     Full-text available via subscription   (Followers: 2)
Australian Universities' Review, The     Full-text available via subscription   (Followers: 3)
Australian Voice     Full-text available via subscription   (Followers: 3)
Bar News: The J. of the NSW Bar Association     Full-text available via subscription   (Followers: 5)
Bioethics Research Notes     Full-text available via subscription   (Followers: 14)
BOCSAR NSW Alcohol Studies Bulletins     Full-text available via subscription   (Followers: 5)
Bookseller + Publisher Magazine     Full-text available via subscription   (Followers: 5)
Breastfeeding Review     Full-text available via subscription   (Followers: 14, SJR: 0.31, h-index: 19)
British Review of New Zealand Studies     Full-text available via subscription   (Followers: 2)
Brolga: An Australian J. about Dance     Full-text available via subscription   (Followers: 1)
Cancer Forum     Full-text available via subscription   (SJR: 0.143, h-index: 10)
Cardiovascular Medicine in General Practice     Full-text available via subscription   (Followers: 6)
Chain Reaction     Full-text available via subscription  
Childrenz Issues: J. of the Children's Issues Centre     Full-text available via subscription  
Chiropractic J. of Australia     Full-text available via subscription   (SJR: 0.107, h-index: 3)
Chisholm Health Ethics Bulletin     Full-text available via subscription   (Followers: 1)
Church Heritage     Full-text available via subscription   (Followers: 7)
Commercial Law Quarterly: The J. of the Commercial Law Association of Australia     Full-text available via subscription   (Followers: 5)
Communicable Diseases Intelligence Quarterly Report     Full-text available via subscription   (Followers: 2, SJR: 0.567, h-index: 27)
Communication, Politics & Culture     Open Access   (Followers: 12)
Communities, Children and Families Australia     Full-text available via subscription   (Followers: 1)
Connect     Full-text available via subscription  
Contemporary PNG Studies     Full-text available via subscription  
Context: J. of Music Research     Full-text available via subscription   (Followers: 6)
Corporate Governance Law Review, The     Full-text available via subscription   (Followers: 7)
Creative Approaches to Research     Full-text available via subscription   (Followers: 11)
Critical Care and Resuscitation     Full-text available via subscription   (Followers: 13, SJR: 1.737, h-index: 24)
Cultural Studies Review     Full-text available via subscription   (Followers: 14)
Culture Scope     Full-text available via subscription   (Followers: 2)
Current Issues in Criminal Justice     Full-text available via subscription   (Followers: 9)
Dance Forum     Full-text available via subscription   (Followers: 2)
DANZ Quarterly: New Zealand Dance     Full-text available via subscription   (Followers: 3)
Day Surgery Australia     Full-text available via subscription   (Followers: 2)
Deakin Law Review     Full-text available via subscription   (Followers: 14)
Developing Practice : The Child, Youth and Family Work J.     Full-text available via subscription   (Followers: 19)
Early Days: J. of the Royal Western Australian Historical Society     Full-text available via subscription  
Early Education     Full-text available via subscription   (Followers: 9)
EarthSong J.: Perspectives in Ecology, Spirituality and Education     Full-text available via subscription   (Followers: 1)
East Asian Archives of Psychiatry     Full-text available via subscription   (Followers: 2, SJR: 0.331, h-index: 7)
Educare News: The National Newspaper for All Non-government Schools     Full-text available via subscription  
Educating Young Children: Learning and Teaching in the Early Childhood Years     Full-text available via subscription   (Followers: 14)
Education in Rural Australia     Full-text available via subscription   (Followers: 1)
Education, Research and Perspectives     Full-text available via subscription   (Followers: 10)
Educational Research J.     Full-text available via subscription   (Followers: 15)
Electronic J. of Radical Organisation Theory     Full-text available via subscription   (Followers: 2)
Employment Relations Record     Full-text available via subscription   (Followers: 2)
English in Aotearoa     Full-text available via subscription   (Followers: 1)
English in Australia     Full-text available via subscription   (Followers: 2, SJR: 0.19, h-index: 6)
Essays in French Literature and Culture     Full-text available via subscription   (Followers: 6)
Ethos: Official Publication of the Law Society of the Australian Capital Territory     Full-text available via subscription   (Followers: 4)
Eureka Street     Full-text available via subscription   (Followers: 4)
Extempore     Full-text available via subscription  
Family Matters     Full-text available via subscription   (Followers: 13, SJR: 0.259, h-index: 8)
Federal Law Review     Full-text available via subscription   (Followers: 20)
Fijian Studies: A J. of Contemporary Fiji     Full-text available via subscription  
Focus on Health Professional Education : A Multi-disciplinary J.     Full-text available via subscription   (Followers: 7)
Food New Zealand     Full-text available via subscription   (Followers: 4)
Fourth World J.     Full-text available via subscription  
Frontline     Full-text available via subscription   (Followers: 17)
Future Times     Full-text available via subscription   (Followers: 1)
Gambling Research: J. of the National Association for Gambling Studies (Australia)     Full-text available via subscription   (Followers: 5)
Gay and Lesbian Law J.     Full-text available via subscription   (Followers: 2)
Gender Impact Assessment     Full-text available via subscription  
Geographical Education     Full-text available via subscription   (Followers: 3)
Geriatric Medicine in General Practice     Full-text available via subscription   (Followers: 7)
Gestalt J. of Australia and New Zealand     Full-text available via subscription   (Followers: 2)
Globe, The     Full-text available via subscription   (Followers: 4)
Government News     Full-text available via subscription   (Followers: 2)
Great Circle: J. of the Australian Association for Maritime History, The     Full-text available via subscription   (Followers: 8)
Grief Matters : The Australian J. of Grief and Bereavement     Full-text available via subscription   (Followers: 10)
He Puna Korero: J. of Maori and Pacific Development     Full-text available via subscription  
Headmark     Full-text available via subscription   (Followers: 1)
Health Inform     Full-text available via subscription  
Health Issues     Full-text available via subscription   (Followers: 1)
Health Promotion J. of Australia : Official J. of Australian Association of Health Promotion Professionals     Full-text available via subscription   (Followers: 10, SJR: 0.606, h-index: 19)
Health Voices     Full-text available via subscription  
Heritage Matters : The Magazine for New Zealanders Restoring, Preserving and Enjoying Our Heritage     Full-text available via subscription   (Followers: 3)
High Court Quarterly Review, The     Full-text available via subscription   (Followers: 3)
History of Economics Review     Full-text available via subscription   (Followers: 10)
HIV Australia     Full-text available via subscription   (Followers: 3)
HLA News     Full-text available via subscription   (Followers: 7)
Hong Kong J. of Emergency Medicine     Full-text available via subscription   (Followers: 1, SJR: 0.173, h-index: 7)
Idiom     Full-text available via subscription   (Followers: 1)
Impact     Full-text available via subscription   (Followers: 1)
InCite     Full-text available via subscription   (Followers: 24)
Indigenous Law Bulletin     Full-text available via subscription   (Followers: 13)
InPsych : The Bulletin of the Australian Psychological Society Ltd     Full-text available via subscription   (Followers: 3)
Inside Film: If     Full-text available via subscription   (Followers: 8)
Institute of Public Affairs Review: A Quarterly Review of Politics and Public Affairs, The     Full-text available via subscription   (Followers: 12)
Instyle     Full-text available via subscription   (Followers: 1)
Intellectual Disability Australasia     Full-text available via subscription   (Followers: 7)
Interaction     Full-text available via subscription   (Followers: 3)

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Journal Cover Bar News: The Journal of the NSW Bar Association
  [5 followers]  Follow
    
   Full-text available via subscription Subscription journal
   ISSN (Print) 0817-0002
   Published by RMIT Publishing Homepage  [403 journals]
  • Issue Summer 2015 - Football's world order is restored
    • Abstract: Lo Surdo, Anthony
      The NSW Bar Football Club (NSW Bar FC) is open to barristers, members of the judiciary, clerks and employees of the Bar Association regardless of gender, level of ability or fitness. It currently boasts some 78 members drawn from diverse practice areas.

      PubDate: Mon, 17 Oct 2016 22:47:27 GMT
       
  • Issue Summer 2015 - The law affecting rent review determinations (2nd ed);
           The law affecting valuation of land in Australia (5th ed) [Book Review]
    • Abstract: Burton, Gregory
      Review(s) of: The law affecting rent review determinations (2nd ed); The law affecting valuation of land in Australia (5th ed), by A Hyam, The Federation Press, 2014.

      PubDate: Mon, 17 Oct 2016 22:47:27 GMT
       
  • Issue Summer 2015 - The Hon Justice Brigitte Markovic
    • PubDate: Mon, 17 Oct 2016 22:47:27 GMT
       
  • Issue Summer 2015 - Farewell Paul Daley OAM
    • Abstract: Melis, Christine
      Many of us have probably had several different jobs before coming to the bar. But for one man, one job and one job alone did the 'job' for a whopping 54 years. Paul Daley retired this year after serving as a barrister's clerk with Eleven Wentworth for 54 years. So I asked Paul what kept him in the same job. The answer was simple, 'I loved coming into work every single day. There was always something different happening.'

      PubDate: Mon, 17 Oct 2016 22:47:27 GMT
       
  • Issue Summer 2015 - An interview with Attorney General Gabrielle Upton
    • Abstract: Beasley, Richard; Brigden, Victoria; Upton, Gabrielle
      Richard Beasley SC and Victoria Brigden spoke recently with the Hon Gabrielle Upton MP, who was appointed attorney general of New South Wales following the re-election of the NSW Liberals and Nationals government in March 2015.

      PubDate: Mon, 17 Oct 2016 22:47:27 GMT
       
  • Issue Summer 2015 - Challenges in the world of a junior barrister:
           Accommodation
    • Abstract: Smith, Nicholas
      Junior barristers face many challenges, with one of the most significant being accommodation. From the beginning of readership and, for many barristers, years afterwards, practice is accompanied by a ticking clock, counting down until the day when they are kicked out of their accomodation, licence or annex and/or be presented with the ultimatum of 'buy in or leave'. While the bar can be a meritocratic profession, life can be made significantly easier if accomodation that is pleasant, close to supportive colleagues, and reasonably priced can be found.

      PubDate: Mon, 17 Oct 2016 22:47:27 GMT
       
  • Issue Summer 2015 - How to behave while bathing in the Northern Territory
    • Abstract: Barker, Ian
      There has been much talk of late, at least in Northern Territory legal circles, about 'paperless arrests' and the death in custody of Kumanjayi Langdon, a Pintubi man who, on 21 May 2015, fell foul of the law makers by doing practically nothing.

      PubDate: Mon, 17 Oct 2016 22:47:27 GMT
       
  • Issue Summer 2015 - Construing commercial contracts
    • Abstract: Fishburn, Talitha
      This case involved two separate but related proceedings. Both involved construing terms of a commercial contract. The contract in question was a mining royalty agreement entered into by Wright Prospecting Pty Limited, Hancock Prospecting Pty Limited (together, Hanwright), Hamersley Iron Pty Ltd and Mount Bruce Mining Pty Limited (MBM) and others in 1970. Under the agreement, MBM acquired iron ore mining rights in relation to 'temporary reserves' granted under the 'Mining Act 1904' (WA) (the MBM Area) in exchange for royalties for iron ore won from the area. The obligation to pay royalties extended to 'all persons or corporations deriving title through or under' MBM to the 'MBM Area'.

      PubDate: Mon, 17 Oct 2016 22:47:27 GMT
       
  • Issue Summer 2015 - The Holt prize
    • PubDate: Mon, 17 Oct 2016 22:47:27 GMT
       
  • Issue Summer 2015 - Bar Practice Course 02/2015
    • PubDate: Mon, 17 Oct 2016 22:47:27 GMT
       
  • Issue Summer 2015 - An update from the Katrina Dawson Foundation
    • Abstract: Dawson, Sandy
      PubDate: Mon, 17 Oct 2016 22:47:27 GMT
       
  • Issue Summer 2015 - Direct briefing a growth area for the New South Wales
           Bar
    • Abstract: Hutley, Noel
      PubDate: Mon, 17 Oct 2016 22:47:27 GMT
       
  • Issue Summer 2015 - Editor's note
    • Abstract: Stoljar, Jeremy
      PubDate: Mon, 17 Oct 2016 22:47:27 GMT
       
  • Issue Summer 2015 - Gene patents and the limits of 'invention'
    • Abstract: Case, Natasha
      In 'Myriad', the appellant sought the revocation of three claims made in the respondent's patent pursuant to s 138 of the 'Patents Act 1990' (Cth) (Patents Act). The appellant argued that these claims were for naturally occurring genetic information and were not patentable inventions. The Federal Court, and a unanimous Full Federal Court, disagreed with this proposition.

      PubDate: Mon, 17 Oct 2016 22:47:27 GMT
       
  • Issue Summer 2015 - Backwards tracing
    • Abstract: O'Brien, Angus
      'Tracing is the process of identifying a new asset as the substitute for the old.' More particularly, where one asset is exchanged for another, tracing enables a trust beneficiary to treat the value in a substituted asset as representing the value in the original asset by making the substituted asset the subject of his claim. Accordingly, tracing cannot avail a beneficiary where there is no value attributable to the original asset, such as where that value has been dissipated, e.g., by payment into an overdrawn bank account. 'Ex nihilio nihil fit': nothing comes from nothing.

      PubDate: Mon, 17 Oct 2016 22:47:27 GMT
       
  • Issue Summer 2015 - High Court upholds constitutional validity of
           political donations legislation
    • Abstract: Ellicott, Madeleine
      In 'McCloy', the High Court considered whether certain provisions of the 'Election Funding, Expenditure and Disclosures Act' 1981 (NSW)(EFED Act) that impose a cap on political donations, prohibit property developers from making such donations and restrict indirect campaign contributions impermissibly infringed the implied freedom of political communication.

      PubDate: Mon, 17 Oct 2016 22:47:27 GMT
       
  • Issue Summer 2015 - Enforceability of lease executed in breach of statute
    • Abstract: Okereke-Fisher, Uche
      The High Court of Australia recently considered the issue of statutory illegality in the matter of 'Gnych v Polish Club Limited' [2015] HCA 23. In this case, the court unanimously allowed an appeal from a decision of the Court of Appeal of the Supreme Court of New South Wales and, in doing so, held that a lease granted in contravention of s 92(1)(d) of the 'Liquor Act 2007' (NSW) (Liquor Act) was not void and unenforceable.

      PubDate: Mon, 17 Oct 2016 22:47:27 GMT
       
  • Issue Summer 2015 - Revisiting the penalty rule
    • Abstract: Eldridge, John
      In 'Cavendish Square Holding BV v Talal El Makdessi; ParkingEye Limited v Beavis' [2015] UKSC 67, the Supreme Court of the United Kingdom engaged in an extensive review of the rule against penalties ('the penalty rule'). In declining to extend the penalty rule beyond provisions which, as a matter of substance, provide for the consequences of a breach of contract, the Supreme Court opted not to follow the approach taken in 'Andrews v Australia and New Zealand Banking Group Limited' (2012) 247 CLR 205 ('Andrews').

      PubDate: Mon, 17 Oct 2016 22:47:27 GMT
       
  • Issue Summer 2015 - Saving ICAC
    • Abstract: Fredericks, Glenn
      On 6 May 2015, the NSW Parliament enacted the 'Independent Commission Against Corruption (Validation) Act 2015' (NSW) (the Validation Act) to preserve the validity of decisions and actions of the Independent Commission Against Corruption (ICAC), which would otherwise be beyond power by reason of the High Court's decision in 'Independent Commission Against Corruption v Cunneen' (Cunneen's case).

      PubDate: Mon, 17 Oct 2016 22:47:27 GMT
       
  • Issue Summer 2015 - Accusation and adjudication don't mix
    • Abstract: Buckland, Brodie
      In 'Isbester', the High Court considered whether the test for apprehension of bias was fulfilled where one member of a threeperson panel reviewing whether a dog should be destroyed had earlier brought charges in her official capacity concerning that dog. In so doing, the High Court applied the 'Ebner' test to circumstances where the apprehension of bias was said to arise as a result of that panel member occupying two incompatible roles.

      PubDate: Mon, 17 Oct 2016 22:47:27 GMT
       
  • Issue Summer 2015 - Equitable briefing: A conversation with Phillip
           Boulten SC
    • Abstract: Fishburn, Talitha
      As a response to the Law Council's National Attrition and Reengagement Study Report (NARS), the Equal Opportunity Committee will identify senior practitioners as Advocates for Change. Phillip Boulten SC has been selected as an Advocate for Change in the area of criminal law for defence barristers. Talitha Fishburn spoke to him about his views on female defence barristers and the extent to which equitable briefing impacts them.

      PubDate: Mon, 17 Oct 2016 22:47:27 GMT
       
  • Issue Summer 2015 - An overview of the Legal Profession Uniform Law
    • Abstract: Robertson, David
      On 1 July 2015, a new regulatory regime for legal practitioners in New South Wales came into operation, with the commencement of the substantive provisions of the 'Legal Profession Uniform Law' (NSW), the 'Legal Profession Uniform Law Application Act 2014' (NSW), and the associated regulations and rules. Although the structure of the new regulatory regime is new, the substance has not greatly changed: the new regulatory regime is evolutionary rather than revolutionary, building upon earlier moves towards a single, uniform regulatory regime for all legal practitioners in Australia.

      PubDate: Mon, 17 Oct 2016 22:47:27 GMT
       
  • Issue Summer 2015 - Tipping the scales: Equity and diversity at the bar
    • Abstract: Needham, Jane
      On 14 March 1924 Eugene Gabriel Sayegh was called to the bar. His admission was moved before the full bench of the High Court by the attorney general of New South Wales, Sir Thomas Bavin. Sydney's infamous tabloid at that time, 'The Truth', described him as 'the only Syrian barrister in Australia' and followed up with the superfluous observation that 'foreign legal lights are few and far between in this country, so Mr Sayegh's position is rather unique'.

      PubDate: Mon, 17 Oct 2016 22:47:27 GMT
       
  • Issue Summer 2015 - Lawyers, causes and passion
    • Abstract: French, Robert
      Justice Mathews, my colleague Justice Bell, judges of the Land and Environment Court, members of the New South Wales Parliament, distinguished guests, ladies and gentlemen. Just over five years ago I addressed the 25th anniversary dinner of the Environmental Defender's Office of New South Wales. I was pleasantly surprised to be asked back to address the 30th anniversary dinner. In 2010, I speculated metaphorically about the classification of environmental lawyers as a species in the legal ecology which might be classed as entirely pestiferous, unattractively beneficial like the dung beetle, or perhaps as a truly wonderful new example of creative evolution. The jury, I suppose, is still out on the taxonomy, and like most taxonomical questions in the law and elsewhere, the response depends very much on whom you talk to. I predicted that the species would be durable. Five years later I can say of that prediction, to the extent that it rests upon the continuing existence of the NSW EDO - so far so good. One source of nutrient, namely Commonwealth funding, has been withdrawn but if that leads to adaptation to more diverse sources of sustenance through a greater level of community support and less dependence on government, that may not be such a bad thing. That, I suppose, is what this fundraising dinner is about as well as the justified celebration of a proud 30 year history.

      PubDate: Mon, 17 Oct 2016 22:47:27 GMT
       
  • Issue Summer 2015 - Her honour Judge Catherine Margaret Traill
    • PubDate: Mon, 17 Oct 2016 22:47:27 GMT
       
  • Issue Summer 2015 - His honour Judge Gregory Farmer SC
    • PubDate: Mon, 17 Oct 2016 22:47:27 GMT
       
  • Issue Summer 2015 - Anecdotes and fables of the judges of the 'fifties
    • Abstract: Bryson, JP
      PubDate: Mon, 17 Oct 2016 22:47:27 GMT
       
  • Issue Summer 2015 - Remembering Sir Kenneth Jacobs KBE QC
    • Abstract: French, Robert
      PubDate: Mon, 17 Oct 2016 22:47:27 GMT
       
  • Issue Summer 2015 - Acting Justice Jane Mathews AO
    • Abstract: Jowett, Tina; Mathews, Jane
      Tina Jowett1 spoke with Acting Justice Jane Mathews for Bar News about her experiences as one of the few women at the bar and the bench in the 1960s to 1980s.

      PubDate: Mon, 17 Oct 2016 22:47:27 GMT
       
  • Issue Winter 2016 - When foreign state immunities and foreign judgments
           collide
    • Abstract: Kirby, Nicolas
      This case deals with the collision of the Foreign States Immunities Act 1985 (Cth) and the Foreign Judgments Act 1991 (Cth).

      PubDate: Mon, 17 Oct 2016 11:03:47 GMT
       
  • Issue Winter 2016 - Validity of Migration Act provisions for regional
           processing on Nauru
    • Abstract: Abdulhak, Tarik
      Tarik Abdulhak reports on Plaintiff M68/2015 v Minister for Immigration and Border Protection [2016] HCA 1.

      PubDate: Mon, 17 Oct 2016 11:03:47 GMT
       
  • Issue Winter 2016 - Safety in the air begins with safety on the ground
    • Abstract: Chitty, David
      David Chitty reports on Malaysian Airlines Flight MH17 and potential WHS breaches.

      PubDate: Mon, 17 Oct 2016 11:03:47 GMT
       
  • Issue Winter 2016 - News
    • PubDate: Mon, 17 Oct 2016 11:03:47 GMT
       
  • Issue Winter 2016 - SCPOs undermine basic tenets of our justice system
    • Abstract: Hutley, Noel
      PubDate: Mon, 17 Oct 2016 11:03:47 GMT
       
  • Issue Winter 2016 - Editor's note
    • Abstract: Stoljar, Jeremy
      PubDate: Mon, 17 Oct 2016 11:03:47 GMT
       
  • Issue Winter 2016 - The great bar boat race
    • Abstract: Gruzman, Adrian
      For the past 32 years, the first Monday after the end of Michaelmas term is marked by the Great Bar Boat Race which was inaugurated as a competition between members of the Bench and Bar on Sydney harbour.

      PubDate: Mon, 17 Oct 2016 11:03:47 GMT
       
  • Issue Winter 2016 - Bullfry and 'the storm before the calm'
    • Abstract: Aitken, Lee
      Proust's remembrance of things past was triggered by the taste of cake and tea, Bullfry's by the terms of the Short Minutes granted the day before. In his absence (at an early lunch) his junior had ill-advisedly consented to the interim disposition of hard-fought interlocutory proceedings 'until further order'! Was Bullfry now 'Brimauded'?

      PubDate: Mon, 17 Oct 2016 11:03:47 GMT
       
  • Issue Winter 2016 - Public law in the age of statutes: Essays in honour of
           Dennis Pearce [Book Review]
    • Abstract: Gregory, Charles
      Review(s) of: Public law in the age of statutes: Essays in honour of Dennis Pearce, by A J Connolly and D Stewart (eds), The Federation Press, 2015.

      PubDate: Mon, 17 Oct 2016 11:03:47 GMT
       
  • Issue Winter 2016 - The Hon John Bowditch Sinclair QC; Andrew Thomas
           Martin (1973-2015)
    • PubDate: Mon, 17 Oct 2016 11:03:47 GMT
       
  • Issue Winter 2016 - The Hon Justice Anthony Payne
    • PubDate: Mon, 17 Oct 2016 11:03:47 GMT
       
  • Issue Winter 2016 - The war experiences of Justice Edward (Ted) Parnell
           Kinsella
    • Abstract: Cunneen, Tony
      The material used to compile this article came from research into the experiences of barristers who served in the First World War. The short biographies of these men are available on the website of the New South Wales Bar Association. The research into the life of Edward Parnell Kinsella uncovered some fascinating material which allowed for an unusually detailed insight into experiences on the battlefield and the effect of these on the individual and his family during and after the war.

      PubDate: Mon, 17 Oct 2016 11:03:47 GMT
       
  • Issue Winter 2016 - The 'misunderstood' doctor of Auschwitz
    • Abstract: Watson, Geoffrey
      Cases about costs are, as a general rule, rather ordinary - but if you bear with me I think you will agree that the reported costs decision in Dering v Uris is a clear exception to that general rule.

      PubDate: Mon, 17 Oct 2016 11:03:47 GMT
       
  • Issue Winter 2016 - Constructive murder
    • Abstract: Herps, Richard
      A recent decision of the Court of Criminal Appeal has important implications for the doctrine of constructive murder, by making clear that the doctrine may apply more broadly than has sometimes previously been thought.

      PubDate: Mon, 17 Oct 2016 11:03:47 GMT
       
  • Issue Winter 2016 - The probative value of evidence
    • Abstract: Odgers, Stephen; Lancaster, Richard
      The High Court handed down its decision in IMM v The Queen [2016] HCA 14 on 14 April 2016. The appellant was seeking to overturn his conviction for indecent dealing and sexual intercourse with a child under the age of 16. At trial the prosecution was permitted, over objection, to adduce both complaint and tendency evidence. The trial judge determined the probative value of this evidence for the purposes of ss 97(1) and 137 of the Evidence Act on the assumption that the jury would accept the evidence and without taking into account factors such as reliability and credibility. The High Court held by majority that this was the correct approach.However the High Court further held that the tendency evidence had been wrongly admitted because it did not have 'significant probative value' within the meaning of s 97(1)(b) of the Evidence Act.

      PubDate: Mon, 17 Oct 2016 11:03:47 GMT
       
  • Issue Winter 2016 - Tests for the implication of terms in fact
    • Abstract: Eldridge, John
      In Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Limited ('Marks and Spencer v BNP'), the Supreme Court of the United Kingdom squarely addressed an ongoing controversy as to the proper test for the implication of contractual terms in fact. Their Lordships were unanimously of the view that the comments of Lord Hoffmann in Attorney General of Belize v Belize Telecom ('Belize Telecom') should not be taken to have diluted the traditional strict approach to the implication of terms in this setting.

      PubDate: Mon, 17 Oct 2016 11:03:47 GMT
       
  • Issue Winter 2016 - What's in an oath?: Jury treatment of unsworn evidence
           under the Uniform Evidence legislation
    • Abstract: Parkin, Chris
      In The Queen v GW [2016] HCA 6, the High Court considered the proper approach to be taken to a tribunal of fact's assessment of unsworn evidence given by a witness under the Evidence Act 2012 (ACT) (The Evidence Act).

      PubDate: Mon, 17 Oct 2016 11:03:47 GMT
       
  • Issue Winter 2016 - Revisiting the law of joint enterprise
    • Abstract: Gleeson, Michael
      Michael Gleeson reports on a significant UK criminal justice decision of R v Jogee [2015] UKSC XX and considers the possible ramifications for Australian criminal law in the areas of complicity and extended joint criminal enterprise.

      PubDate: Mon, 17 Oct 2016 11:03:47 GMT
       
  • Issue Winter 2016 - Regulators' submissions on penalties
    • Abstract: Bosnjak, Vanessa
      The practice of the regulator and respondents in civil penalty proceedings making submissions to the court, jointly or otherwise, on the appropriate penalty amount to be imposed in civil penalty proceedings came to an abrupt halt in May 2015.

      PubDate: Mon, 17 Oct 2016 11:03:47 GMT
       
  • Issue Winter 2016 - Identification of privies in interest for the purpose
           of issue estoppel
    • Abstract: Abdulhak, Tarik
      In this case, the High Court clarified the circumstances in which a person may be subject to an issue estoppel by virtue of being a privy in interest with a party to prior court proceedings. In summary, where the person's legal interests were represented by a party to the prior proceedings, he or she will be treated as a privy in interest with that party if he or she had an opportunity to control the conduct of the previous proceedings, and the potential detriment to him or her from creating such an estoppel was taken into account in the conduct of those proceedings.

      PubDate: Mon, 17 Oct 2016 11:03:47 GMT
       
  • Issue Winter 2016 - Commissioner John Murphy
    • PubDate: Mon, 17 Oct 2016 11:03:47 GMT
       
  • Issue Winter 2016 - His honour judge Philip Dowdy
    • PubDate: Mon, 17 Oct 2016 11:03:47 GMT
       
  • Issue Winter 2016 - Her Honour Judge Elizabeth Boyle
    • PubDate: Mon, 17 Oct 2016 11:03:47 GMT
       
  • Issue Winter 2016 - Her Honour Judge Penelope Wass SC
    • PubDate: Mon, 17 Oct 2016 11:03:47 GMT
       
  • Issue Winter 2016 - The Hon Justice Robert Bromwich
    • PubDate: Mon, 17 Oct 2016 11:03:47 GMT
       
  • Issue Winter 2016 - The Hon Justice Tim Moore
    • PubDate: Mon, 17 Oct 2016 11:03:47 GMT
       
  • Issue Winter 2016 - The Hon Justice Natalie Adams
    • PubDate: Mon, 17 Oct 2016 11:03:47 GMT
       
  • Issue Winter 2016 - Lady Bradman cup cricket
    • Abstract: Grace, WG
      There have been many memorable matches in this annual fixture between Eleven Wentworth (trading as Wentworth Wombats) and Edmund Barton Chambers over the last 26 years but perhaps none quite so memorable as the match held on Sunday, 17 April 2016 at the picturesque Bradman Oval. In scenes reminiscent of the tied tests at the Gabba in 1961 and in Madras in 1986, Richard Scruby (on loan from Tenth Floor Chambers and Vanessa Whittaker) punched a ball through covers and the despairing dive of the redoubtable Thos Hodgson for two to tie the scores on the final ball of the match.

      PubDate: Mon, 17 Oct 2016 11:03:47 GMT
       
  • Issue Winter 2016 - Bench and Bar v Solicitors Golf match report 2016
    • Abstract: Flaherty, Dennis
      PubDate: Mon, 17 Oct 2016 11:03:47 GMT
       
  • Issue Winter 2016 - Accommodating justice - victim impact statements in
           the sentencing process [Book Review]
    • Abstract: Dobraszczyk, Caroline
      Review(s) of: Accommodating justice - victim impact statements in the sentencing process, by Tracey Booth, The Federation Press, 2015.

      PubDate: Mon, 17 Oct 2016 11:03:47 GMT
       
  • Issue Winter 2016 - Whispers from the bush: The workplace sexual
           harassment of Australian rural women [Book Review]
    • Abstract: Bell, Richard
      Review(s) of: Whispers from the bush: The workplace sexual harassment of Australian rural women, by Skye Saunders, The Federation Press, 2015.

      PubDate: Mon, 17 Oct 2016 11:03:47 GMT
       
  • Issue Winter 2016 - Veterans' entitlements and military compensation law
           (3rd ed) [Book Review]
    • Abstract: Merkel, Jane
      Review(s) of: Veterans' entitlements and military compensation law (3rd ed), by Robin Creyke and Peter Sutherland (eds), The Federation Press, 2015.

      PubDate: Mon, 17 Oct 2016 11:03:47 GMT
       
  • Issue Winter 2016 - Kidnapped [Book Review]
    • Abstract: Dobraszczyk, Caroline
      Review(s) of: Kidnapped, by Mark Tedeschi QC, Simon and Schuster Australia, 2015.

      PubDate: Mon, 17 Oct 2016 11:03:47 GMT
       
  • Issue Winter 2016 - Adjudication on the gold fields in New South Wales and
           Victoria in the 19th century [Book Review]
    • Abstract: Fishburn, Talitha
      Review(s) of: Adjudication on the gold fields in New South Wales and Victoria in the 19th century, by John P Hamilton, The Federation Press, 2015.

      PubDate: Mon, 17 Oct 2016 11:03:47 GMT
       
  • Issue Spring 2016 - The essential elements of valid law
    • Abstract: Nader, John
      Australians were shocked recently by the CCTV footage which emerged from the Don Dale Youth Detention Centre in the Northern Territory. In response, the Australian Government established the Royal Commission into the Child Protection and Youth Detention Systems of the Government of the Northern Territory.

      PubDate: Mon, 17 Oct 2016 11:03:37 GMT
       
  • Issue Spring 2016 - Bar practice course 01/2016
    • PubDate: Mon, 17 Oct 2016 11:03:37 GMT
       
  • Issue Spring 2016 - Tutors and readers dinner
    • PubDate: Mon, 17 Oct 2016 11:03:37 GMT
       
  • Issue Spring 2016 - Bench and Bar dinner
    • PubDate: Mon, 17 Oct 2016 11:03:37 GMT
       
  • Issue Spring 2016 - Pursuing justice for innocent victims of motor
           accidents
    • Abstract: Hutley, Noel
      PubDate: Mon, 17 Oct 2016 11:03:37 GMT
       
  • Issue Spring 2016 - Editor's note
    • Abstract: Stoljar, Jeremy
      PubDate: Mon, 17 Oct 2016 11:03:37 GMT
       
  • Issue Spring 2016 - Sotto voce
    • Abstract: Advocata
      'Every woman at the bar should have voice lessons' one of my first leaders flung at me from across the room. 'It's no good if no one can hear you. You need gravitas, physical presence. Few women have that'. He swept past me with his hands tucked up high in his little bar jacket pockets, his buttons crying out to be eased and his jabot offsetting his ever-flushed face. My concern that being led by this man could be an early low point of brand definition was replaced with the niggle that I was cursed from the start by phrenology's ugly sister.

      PubDate: Mon, 17 Oct 2016 11:03:37 GMT
       
  • Issue Spring 2016 - Bullfry ponders Brexit
    • Abstract: Aitken, Lee
      Bullfry thought back fondly to his bibulous days among the 'dreaming spires' - sadly now, he was, indeed, 'an Oxford scholar poor, grown tired of knocking at preferment's door'. (His 'Varsity stint had been cut short, due to the Principal's complaint about the loudhailer). Still, he had at least met there the mother of most of his children. She embodied the continuing social and class divisions which seemed to have provoked the Brexit, since she retained the dialectical ability to move seamlessly between a received BBC pronunciation, and broad Scouse.

      PubDate: Mon, 17 Oct 2016 11:03:37 GMT
       
  • Issue Spring 2016 - Lawyers Cricket World Cup
    • Abstract: Gyles, Lachlan
      The 5th Lawyers Cricket World Cup, kindly sponsored by LexisNexis, was held in Brisbane over Christmas-New Year 2016. Previous tournaments had been held in Hyderabad, London, Barbados and Delhi.

      PubDate: Mon, 17 Oct 2016 11:03:37 GMT
       
  • Issue Spring 2016 - Tom Hughes QC: A cab on the rank [Book Review]
    • Abstract: Brigden, Victoria
      Review(s) of: Tom Hughes QC: A cab on the rank, by Ian Hancock, The Federation Press, 2016.

      PubDate: Mon, 17 Oct 2016 11:03:37 GMT
       
  • Issue Spring 2016 - The Hon Philip Ernest Powell AM QC (1930-2016)
    • Abstract: Hallen, Philip; Hoff, Trish; Tang, Kevin
      PubDate: Mon, 17 Oct 2016 11:03:37 GMT
       
  • Issue Spring 2016 - The Hon justice Stephen Burley
    • Abstract: Loukas, Chrissa
      PubDate: Mon, 17 Oct 2016 11:03:37 GMT
       
  • Issue Spring 2016 - What do women barristers earn?
    • Abstract: Taylor, Ingmar
      On 10 June 2016 the 'Sydney Morning Herald' reported that, on average, men at the bar earn 184 per cent more than women at the bar, and 141 per cent more after adjusting for hours worked. The story stated the average male barrister who does his taxes declares a taxable annual income of $169,000 and the average female barrister just $60,000.

      PubDate: Mon, 17 Oct 2016 11:03:37 GMT
       
  • Issue Spring 2016 - Legal change - the role of advocates
    • Abstract: French, Robert
      I learned from Maurice Byers a great advocate's perspective on the High Court - 'they're just chaps Bob, just chaps' - or so he told me, as we prepared for the hearing in 'Koowarta v Bjelke-Peterson' in 1982. As a description of the gender of the court it was accurate. I learned from him in 'Fencott v Muller' in 1983 that one line of dismissive humour could do more for a wide view of the corporations power than an hour of earnest argument. In 1986 on my appointment to the Federal Court he sent me a note expressing confidence that I would eventually be appointed to the High Court. Perhaps he was encouraging me to stay on for the long haul and was relying upon the proposition, a little like the one about monkeys typing Shakespeare, that given enough time almost anything has a finite probability of happening. Six years later, in 1993, I barely found the strength, when he appeared before me for the plaintiff in 'Newcrest Mining (WA) Ltd v Commonwealth', on remitter from the High Court in all respects save for the constitutional question, to resist his siren song invitation to have a go at the constitutional question anyway. Our encounters were brief, but each a delight in its own way. I have been invited to present many lectures named after significant legal personalities. None has given me greater pleasure than the invitation to present this the 16th lecture in the series established by the New South Wales Bar Association to honour his memory. There are few public lectures named for advocates. Maurice Byers is properly honoured. He was an important figure in the development of Australian constitutional and public law. He was an unforgettable advocate and as those who had the privilege of working with him know he was a man of integrity, modesty and humour.

      PubDate: Mon, 17 Oct 2016 11:03:37 GMT
       
  • Issue Spring 2016 - Worth a punt
    • Abstract: Fredericks, Glenn
      In 'Tabcorp Holdings Limited v Victoria' [2016] HCA 4 (Tabcorp Holdings) and 'Victoria v Tatts Ltd' [2016] HCA 5 (Tatts Group), the High Court considered whether the State of Victoria (the state) was obliged to make significant 'terminal payments' to Tabcorp Holdings Limited (Tabcorp) and Tatts Group Limited (Tatts) following the non-renewal of certain gaming licences which Tabcorp and Tatts Group respectively held. The matters were heard concurrently and the court delivered a unanimous judgment in each matter. The court decided that the state did not have to make those terminal payments.

      PubDate: Mon, 17 Oct 2016 11:03:37 GMT
       
  • Issue Spring 2016 - Climate change and low lying islands of the Pacific
    • Abstract: Finnane, Michael
      Climate change is a reality in Australia as well as elsewhere. The recent storm damage to houses and properties on the northern beaches of Sydney made that clear. However, many people do not seem to realise how important this issue is.

      PubDate: Mon, 17 Oct 2016 11:03:37 GMT
       
  • Issue Spring 2016 - The scope of a solicitor's duty of care to intended
           beneficiaries redefined
    • Abstract: Hackett, Tim
      The High Court of Australia ('High Court') has allowed an appeal on the extent and scope of the duty of care of a solicitor in the context of a will dispute. The High Court clarified that 'Hill v Van Erp' is not authority for the proposition that a solicitor instructed to prepare a will always owes a duty of care to an intended beneficiary.

      PubDate: Mon, 17 Oct 2016 11:03:37 GMT
       
  • Issue Spring 2016 - The 'De Simoni' principle and concurrent sentences
    • Abstract: Hulmes, Louise
      The appeal raised two primary issues:

      1. Whether the principle enunciated in R v De Simoni applies to preclude a sentencing judge from taking into account, favourably to the offender, the absence of a factor which, had it been present, would have rendered the offender liable for a more serious offence.

      2. The scope of a sentencing judge's discretion to impose wholly concurrent sentences for offences that are the product of the same act.

      PubDate: Mon, 17 Oct 2016 11:03:37 GMT
       
  • Issue Spring 2016 - Trustee's powers of advancement
    • Abstract: King, Ingrid
      In 'Fischer v Nemeske Pty Ltd' [2016] HCA 11 the High Court considered the scope of a trustee's powers of advancement. The majority of French CJ, Bell and Gageler JJ considered the wording of the trust deed and found that the power of advancement conferred by clause 4(b) of the trust deed had been validly engaged. In dissent, Kiefel and Gordon JJ found that the challenged distribution was not a valid exercise of the power of advancement, and that because there had not been a change in the beneficial ownership of the shares, there had been no application of the capital of the trust.

      PubDate: Mon, 17 Oct 2016 11:03:37 GMT
       
  • Issue Spring 2016 - Above the line
    • Abstract: Fredericks, Glenn
      The proceedings in 'Day v Australian Electoral Officer for the State of South Australia and Anor; Madden v Australian Electoral Officer for the State of Tasmania and Ors' [2016] HCA 20; 90 ALJR 639 (Day) were a challenge to recent changes to the manner in which voters could cast a vote in the election for the Senate. The High Court1 rejected the challenge as being without any merit.

      PubDate: Mon, 17 Oct 2016 11:03:37 GMT
       
  • Issue Spring 2016 - The Bell Act tolls for Western Australia
    • Abstract: Kirby, Nicolas
      This case concerned the constitutional validity of the 'Bell Group Companies (Finalisation of Matters and Distribution of Proceeds) Act 2015' (WA) (the Bell Act).

      PubDate: Mon, 17 Oct 2016 11:03:37 GMT
       
  • Issue Spring 2016 - Federal application of state laws
    • Abstract: Bulut, Vanja
      This case concerned Mr Mok, the appellant, who was arrested in Victoria pursuant to a warrant issued in New South Wales and, during his transportation, attempted to escape.

      PubDate: Mon, 17 Oct 2016 11:03:37 GMT
       
  • Issue Spring 2016 - Trials without juries
    • Abstract: Vujcic, Lucy Robb
      In 'Alqudsi v The Queen' [2016] HCA 24, a majority of the High Court held that s 80 of the Constitution prevents state courts exercising federal jurisdiction from trying indictable offences in the absence of a jury. In the course of doing so, the court reaffirmed the principles expressed in 'Brown v The Queen' [1968] HCA 11; (1968) 160 CLR 171.

      PubDate: Mon, 17 Oct 2016 11:03:37 GMT
       
  • Issue Spring 2016 - The law relating to penalties
    • Abstract: Eldridge, John
      On 27 July 2016, the High Court handed down the latest in a series of significant decisions on the scope and content of the rule against penalties ('the penalty rule'). 'Paciocco v Australia and New Zealand Banking Group Limited' [2016] HCA 28 (Paciocco) involved a challenge to the enforceability of credit card late payment fees charged by the ANZ. The fees were impugned on two independent bases. It was first contended that the fees offended the general law rule against penalties. It was further argued that the charging of the fees contravened the statutory proscription of unconscionable conduct and that the relevant terms of the credit card contracts were unjust and unfair within the meaning of a number of statutory provisions.1 The court (constituted by French CJ, Kiefel, Gageler, Keane and Nettle JJ) rejected both of these contentions by 4:1 (Nettle J dissenting).

      PubDate: Mon, 17 Oct 2016 11:03:37 GMT
       
  • Issue Spring 2016 - Tom Hughes QC: A cab on the rank
    • Abstract: Gleeson, Murray
      The New South Wales Bar for several years has had, on the wall of its Common Room, a fine portrait of TEF Hughes QC, one of its former presidents. Now there is another fine portrait of the same subject, this time in book form, available to the bar and to the public.

      PubDate: Mon, 17 Oct 2016 11:03:37 GMT
       
  • Issue Spring 2016 - The High Court hits 'reset' on the advocate's immunity
    • Abstract: Hewitt, Justin
      On 4 May 2016, the High Court handed down a decision reconsidering the scope of the advocate's immunity from suit. A majority of the High Court (French CJ, Kiefel, Bell, Gageler and Keane JJ) held that the advocate's immunity from suit does not extend to negligent advice given by a lawyer which leads to the settlement of a case by agreement between the parties embodied in consent orders. The appeal from the decision of the NSW Court of Appeal in 'Jackson Lalic Lawyers Pty Limited v Attwells' [2014] NSWCA 335 was allowed.

      PubDate: Mon, 17 Oct 2016 11:03:37 GMT
       
  • Issue Spring 2016 - The pursuit of excellence: The Bar Association's Best
           Practice Guidelines
    • Abstract: Thew, Penny; Taylor, Ingmar
      The future of a strong and independent bar in New South Wales depends upon the pursuit of excellence so as to retain essential public confidence in it. That requires not only the attraction of the best practitioners drawn from the widest possible pool but, just as importantly, their retention within the profession. To assist to achieve these ends the bar must strive to ensure that all who practise are free from harassment, discrimination, vilification, victimisation and bullying and that appropriate steps are taken whenever a grievance arises in those areas. For these reasons the adoption of the Bar Association's 'Model Best Practice Guidelines (BPGs)' and the adherence to them are fundamental steps which should be taken by chambers. Important protective legal effects arise for those who do so.

      PubDate: Mon, 17 Oct 2016 11:03:37 GMT
       
  • Issue Spring 2016 - Andrew James Lidden SC (1954-2016)
    • Abstract: Khandhar, Paresh
      PubDate: Mon, 17 Oct 2016 11:03:37 GMT
       
  • Issue Spring 2016 - Sarah McNaughton SC
    • PubDate: Mon, 17 Oct 2016 11:03:37 GMT
       
  • Issue Spring 2016 - The hon justice John Robson
    • PubDate: Mon, 17 Oct 2016 11:03:37 GMT
       
  • Issue Spring 2016 - District Court appointments
    • PubDate: Mon, 17 Oct 2016 11:03:37 GMT
       
  • Issue Spring 2016 - Her honour judge Brana Obradovic
    • PubDate: Mon, 17 Oct 2016 11:03:37 GMT
       
  • Issue Spring 2016 - On the edges of history: A memoir of law, books and
           politics [Book Review]
    • Abstract: Curtin, Juliet
      Review(s) of: On the edges of history: A memoir of law, books and politics, by Michael Sexton, Connor Court Publishing, 2015.

      PubDate: Mon, 17 Oct 2016 11:03:37 GMT
       
  • Issue Spring 2016 - The challenge of the commons [Book Review]
    • Abstract: Coleman, Stephen
      Review(s) of: The challenge of the commons, by Peter King, Lyons Press, 2015.

      PubDate: Mon, 17 Oct 2016 11:03:37 GMT
       
  • Issue Spring 2016 - Australian domain name law (1st ed) [Book Review]
    • Abstract: Burton, Gregory
      Review(s) of: Australian domain name law (1st ed), by A Roy, Thomson Reuters, 2016.

      PubDate: Mon, 17 Oct 2016 11:03:37 GMT
       
  • Issue Spring 2016 - Testamentary trusts: Strategies and precedents (2nd
           ed) [Book Review]
    • Abstract: Burton, Gregory
      Review(s) of: Testamentary trusts: Strategies and precedents (2nd ed), by V Sundar, C Rowland, P Bailey, LexisNexis Butterworths, 2016.

      PubDate: Mon, 17 Oct 2016 11:03:37 GMT
       
  • Issue Spring 2016 - Judicial independence in Australia: Contemporary
           challenges, future directions [Book Review]
    • Abstract: Gregory, Charles
      Review(s) of: Judicial independence in Australia: Contemporary challenges, future directions, by Rebecca Ananian-Welsh and Jonathan Crowe (eds), Federation Press, 2016.

      PubDate: Mon, 17 Oct 2016 11:03:37 GMT
       
 
 
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