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LAW (703 journals)                  1 2 3 4 | Last

Showing 1 - 200 of 354 Journals sorted alphabetically
ABA Journal Magazine     Full-text available via subscription   (Followers: 20)
Acta Juridica     Full-text available via subscription   (Followers: 9)
Acta Politica     Hybrid Journal   (Followers: 13)
Acta Universitatis Danubius. Juridica     Open Access  
Actualidad Jurídica Ambiental     Open Access   (Followers: 1)
Adelaide Law Review     Full-text available via subscription   (Followers: 20)
Administrative Law Review     Open Access   (Followers: 39)
Aegean Review of the Law of the Sea and Maritime Law     Hybrid Journal   (Followers: 7)
African Journal of Legal Studies     Hybrid Journal   (Followers: 6)
African Journal on Conflict Resolution     Open Access   (Followers: 15)
Afrilex     Open Access   (Followers: 4)
Air and Space Law     Full-text available via subscription   (Followers: 19)
Akron Law Review     Open Access   (Followers: 4)
Alaska Law Review     Open Access   (Followers: 10)
Albany Law Review     Free   (Followers: 6)
Alberta Law Review     Full-text available via subscription   (Followers: 15)
Alternative Law Journal     Hybrid Journal   (Followers: 3)
Alternatives : Global, Local, Political     Hybrid Journal   (Followers: 16)
Amazon's Research and Environmental Law     Open Access   (Followers: 2)
American Journal of Comparative Law     Full-text available via subscription   (Followers: 55)
American Journal of Jurisprudence     Hybrid Journal   (Followers: 16)
American Journal of Law & Medicine     Full-text available via subscription   (Followers: 12)
American Journal of Legal History     Full-text available via subscription   (Followers: 5)
American Journal of Trial Advocacy     Full-text available via subscription   (Followers: 8)
American University Law Review     Open Access   (Followers: 16)
American University National Security Law Brief     Open Access   (Followers: 9)
Amicus Curiae     Open Access   (Followers: 5)
Amsterdam Law Forum     Open Access   (Followers: 9)
Annales Canonici     Open Access  
Annual Survey of South African Law     Full-text available via subscription   (Followers: 5)
Anuario de Psicología Jurídica     Open Access   (Followers: 1)
ANZSLA Commentator, The     Full-text available via subscription   (Followers: 4)
Appeal : Review of Current Law and Law Reform     Open Access   (Followers: 1)
Arbitration Law Monthly     Full-text available via subscription   (Followers: 2)
Arbitration Law Reports and Review     Hybrid Journal   (Followers: 13)
Arctic Review on Law and Politics     Open Access   (Followers: 1)
Arena Hukum     Open Access  
Argumenta Journal Law     Open Access   (Followers: 1)
Arizona Law Review     Open Access   (Followers: 4)
Arizona State Law Journal     Free   (Followers: 2)
Arkansas Law Review     Free   (Followers: 6)
Ars Aequi Maandblad     Full-text available via subscription   (Followers: 2)
Art + Law     Full-text available via subscription   (Followers: 11)
Article 40     Open Access   (Followers: 2)
Artificial Intelligence and Law     Hybrid Journal   (Followers: 10)
Asian American Law Journal     Open Access   (Followers: 3)
Asian Journal of Legal Education     Full-text available via subscription   (Followers: 5)
Asian Pacific American Law Journal     Open Access   (Followers: 2)
AStA Wirtschafts- und Sozialstatistisches Archiv     Hybrid Journal   (Followers: 5)
Asy-Syir'ah : Jurnal Ilmu Syari'ah dan Hukum     Open Access  
Australasian Law Management Journal     Full-text available via subscription   (Followers: 7)
Australian and New Zealand Sports Law Journal     Full-text available via subscription   (Followers: 8)
Australian Feminist Law Journal     Hybrid Journal   (Followers: 10)
Australian Indigenous Law Review     Full-text available via subscription   (Followers: 17)
Australian Journal of Legal History     Full-text available via subscription   (Followers: 18)
Ave Maria Law Review     Free   (Followers: 3)
Badamai Law Journal     Open Access  
Ballot     Open Access  
Baltic Journal of Law & Politics     Open Access   (Followers: 7)
Bar News: The Journal of the NSW Bar Association     Full-text available via subscription   (Followers: 5)
Behavioral Sciences & the Law     Hybrid Journal   (Followers: 23)
Beijing Law Review     Open Access   (Followers: 7)
Berkeley Journal of Entertainment and Sports Law     Open Access   (Followers: 6)
Berkeley Technology Law Journal     Free   (Followers: 11)
Bioethics Research Notes     Full-text available via subscription   (Followers: 14)
Bond Law Review     Open Access   (Followers: 18)
Boston College Environmental Affairs Law Review     Open Access   (Followers: 7)
Boston College Journal of Law & Social Justice     Open Access   (Followers: 10)
Boston College Law Review     Open Access   (Followers: 18)
Boston University Law Review     Free   (Followers: 11)
BRICS Law Journal     Open Access  
Brigham Young University Journal of Public Law     Open Access   (Followers: 8)
Brigham Young University Law Review     Full-text available via subscription   (Followers: 8)
British Journal of American Legal Studies     Open Access  
Brooklyn Law Review     Open Access   (Followers: 2)
Bulletin of Legal Medicine     Open Access  
Bulletin of Medieval Canon Law     Full-text available via subscription   (Followers: 3)
C@hiers du CRHIDI     Open Access  
Cadernos de Dereito Actual     Open Access   (Followers: 1)
Cadernos do Programa de Pós-Graduação em Direito - PPGDir./UFRGS     Open Access   (Followers: 1)
Cadernos Ibero-Americanos de Direito Sanitário     Open Access  
Cahiers, Droit, Sciences et Technologies     Open Access  
California Law Review     Open Access   (Followers: 20)
California Lawyer     Free  
California Western Law Review     Open Access   (Followers: 3)
Cambridge Law Journal     Hybrid Journal   (Followers: 143)
Campbell Law Review     Open Access   (Followers: 5)
Campus Legal Advisor     Hybrid Journal   (Followers: 2)
Case Western Reserve Law Review     Open Access   (Followers: 2)
Časopis pro právní vědu a praxi     Open Access  
Časopis zdravotnického práva a bioetiky     Open Access  
Catalyst : A Social Justice Forum     Open Access   (Followers: 10)
Catholic University Law Review     Open Access   (Followers: 3)
Chicago-Kent Law Review     Full-text available via subscription   (Followers: 4)
Chicana/o-Latina/o Law Review     Open Access   (Followers: 2)
China : An International Journal     Full-text available via subscription   (Followers: 16)
China-EU Law Journal     Hybrid Journal   (Followers: 4)
Chinese Journal of Comparative Law     Hybrid Journal   (Followers: 3)
Chinese Law & Government     Full-text available via subscription   (Followers: 6)
Cleveland State Law Review     Free   (Followers: 2)
College Athletics and The Law     Hybrid Journal   (Followers: 1)
Colombia Forense     Open Access  
Columbia Journal of Environmental Law     Free   (Followers: 9)
Columbia Journal of Law and Social Problems     Full-text available via subscription   (Followers: 15)
Columbia Law Review (Sidebar)     Open Access   (Followers: 15)
Commercial Law Quarterly: The Journal of the Commercial Law Association of Australia     Full-text available via subscription   (Followers: 5)
Comparative Law Review     Open Access   (Followers: 41)
Comparative Legal History     Full-text available via subscription   (Followers: 5)
Con-texto     Open Access  
Conflict Resolution Quarterly     Hybrid Journal   (Followers: 22)
Conflict Trends     Full-text available via subscription   (Followers: 8)
Cornell Law Review     Open Access   (Followers: 7)
Criterio Jurídico     Open Access  
Critical Analysis of Law : An International & Interdisciplinary Law Review     Open Access   (Followers: 2)
Cuadernos de Historia del Derecho     Open Access   (Followers: 6)
Cuestiones Juridicas     Open Access   (Followers: 1)
Current Legal Problems     Hybrid Journal   (Followers: 26)
Danube : The Journal of European Association Comenius - EACO     Open Access   (Followers: 2)
De Jure     Open Access   (Followers: 1)
De Rebus     Full-text available via subscription  
Deakin Law Review     Full-text available via subscription   (Followers: 14)
Defense Counsel Journal     Full-text available via subscription   (Followers: 1)
Democrazia e diritto     Full-text available via subscription   (Followers: 2)
Denning Law Journal     Full-text available via subscription   (Followers: 8)
DePaul Journal of Women, Gender and the Law     Open Access   (Followers: 2)
DePaul Law Review     Open Access   (Followers: 2)
Der Staat     Full-text available via subscription   (Followers: 13)
Derecho PUCP     Open Access   (Followers: 3)
Derecho y Ciencias Sociales     Open Access   (Followers: 1)
Die Verwaltung     Full-text available via subscription   (Followers: 10)
Dikaion     Open Access   (Followers: 1)
Dike     Open Access  
Direito e Desenvolvimento     Open Access   (Followers: 1)
Direito e Liberdade     Open Access  
Diritto penale contemporaneo     Free   (Followers: 2)
Diritto, immigrazione e cittadinanza     Open Access   (Followers: 4)
Dixi     Open Access  
Droit et Cultures     Open Access   (Followers: 6)
Droit et Médecine Bucco-Dentaire     Full-text available via subscription   (Followers: 1)
Droit, Déontologie & Soin     Full-text available via subscription   (Followers: 2)
Drug Science, Policy and Law     Full-text available via subscription  
Duke Environmental Law & Policy Forum     Open Access   (Followers: 6)
Duke Forum for Law & Social Change     Open Access   (Followers: 8)
Duke Journal of Gender Law & Policy     Open Access   (Followers: 15)
Duke Law & Technology Review     Open Access   (Followers: 10)
Duke Law Journal     Open Access   (Followers: 26)
DULR Online     Open Access   (Followers: 1)
East Asia Law Review     Open Access   (Followers: 1)
ECI Interdisciplinary Journal for Legal and Social Policy     Open Access   (Followers: 2)
Ecology Law Quarterly     Free   (Followers: 3)
Edinburgh Law Review     Hybrid Journal   (Followers: 21)
Education and the Law     Hybrid Journal   (Followers: 11)
El Cotidiano     Open Access   (Followers: 1)
Election Law Journal     Hybrid Journal   (Followers: 23)
Energy Law Journal     Full-text available via subscription   (Followers: 4)
Environmental Justice     Hybrid Journal   (Followers: 10)
Environmental Law Review     Full-text available via subscription   (Followers: 23)
Environmental Policy and Law     Hybrid Journal   (Followers: 16)
ERA-Forum     Hybrid Journal   (Followers: 5)
Espaço Jurídico : Journal of Law     Open Access   (Followers: 1)
ESR Review : Economic and Social Rights in South Africa     Open Access   (Followers: 4)
Ethnopolitics     Hybrid Journal   (Followers: 4)
Ethos: Official Publication of the Law Society of the Australian Capital Territory     Full-text available via subscription   (Followers: 4)
EU agrarian Law     Open Access   (Followers: 3)
Europaisches Journal fur Minderheitenfragen     Hybrid Journal   (Followers: 2)
European Energy and Environmental Law Review     Full-text available via subscription   (Followers: 16)
European Journal for Education Law and Policy     Hybrid Journal   (Followers: 8)
European Journal of Comparative Law and Governance     Hybrid Journal   (Followers: 4)
European Journal of Law and Technology     Open Access   (Followers: 15)
European Journal of Psychology Applied to Legal Context     Open Access   (Followers: 5)
European Law Journal     Hybrid Journal   (Followers: 134)
European Public Law     Full-text available via subscription   (Followers: 33)
European Review of Contract Law     Hybrid Journal   (Followers: 21)
European Review of Private Law     Full-text available via subscription   (Followers: 29)
European Yearbook of Minority Issues Online     Hybrid Journal   (Followers: 3)
Evaluation Review     Hybrid Journal   (Followers: 12)
Evidence & Policy : A Journal of Research, Debate and Practice     Full-text available via subscription   (Followers: 9)
Faulkner Law Review     Full-text available via subscription   (Followers: 1)
Federal Communication Law Journal     Full-text available via subscription   (Followers: 1)
Federal Law Review     Full-text available via subscription   (Followers: 22)
Federal Probation     Full-text available via subscription   (Followers: 2)
Feminist Legal Studies     Hybrid Journal   (Followers: 16)
feminists@law     Open Access   (Followers: 4)
Fiat Justisia     Open Access  
First Amendment Studies     Hybrid Journal  
Florida Bar News     Free  
Florida Law Review     Open Access   (Followers: 4)
Florida State University Law Review     Open Access   (Followers: 4)
Fordham Environmental Law Review     Open Access   (Followers: 4)
Fordham Intellectual Property, Media and Entertainment Law Journal     Open Access   (Followers: 18)
Fordham Law Review     Open Access   (Followers: 13)
FORO. Revista de Ciencias Jurídicas y Sociales, Nueva Época     Open Access   (Followers: 2)
Fundamina : A Journal of Legal History     Open Access   (Followers: 7)
Geoforum     Hybrid Journal   (Followers: 23)
George Washington Law Review     Free   (Followers: 8)
Georgia Law Review     Open Access   (Followers: 2)
Georgia State University Law Review     Open Access   (Followers: 2)
Global Journal of Comparative Law     Hybrid Journal   (Followers: 2)
Global Labour Journal     Open Access   (Followers: 7)
Golden Gate University Environmental Law Journal     Open Access   (Followers: 3)

        1 2 3 4 | Last

Journal Cover Commercial Law Quarterly: The Journal of the Commercial Law Association of Australia
  [5 followers]  Follow
    
   Full-text available via subscription Subscription journal
   ISSN (Print) 0819-4262
   Published by RMIT Publishing Homepage  [403 journals]
  • Volume 31 Issue 1 - President's message
    • Abstract: Donato, Norman
      PubDate: Thu, 20 Jul 2017 18:41:50 GMT
       
  • Volume 31 Issue 1 - Till death do us part: The effect of death on a
           solicitor's retainer with a client during a conveyancing transaction
    • Abstract: Whitfield-Meehan, Sarah
      It is the common law stance that on the death of a client, the solicitor and client retainer ('the retainer') is terminated,1 which means the duties that the solicitor owes to the client (except for confidentiality) cease. Subject to the terms in a contract for the sale of real property, where such terms are not automatic, then death will not automatically end a contract and the obligations of the parties will continue. Therefore, the question as to what happens to the retainer becomes a practical issue in terms of proceeding with the contract, as well as registration of the transfer dealing, which this paper will examine.

      PubDate: Thu, 20 Jul 2017 18:41:50 GMT
       
  • Volume 31 Issue 1 - Civil and criminal liability of directors and officers
           of sporting clubs
    • Abstract: Peden, Elisabeth
      'Humans have always been involved in some form of recreation. Like any activity, recreation can generate situations where the desires and needs of one person conflict with those of another. This is the basic ingredient of any legal dispute'.

      PubDate: Thu, 20 Jul 2017 18:41:50 GMT
       
  • Volume 31 Issue 1 - Drafting termination clauses
    • Abstract: Carter, JW
      (a) Why include a termination clause'

      Inserting an express provision for termination - a 'termination clause' - assumes a prior decision that termination rights conferred by law are inadequate to meet the needs of the transaction.

      Using the terminology derived from English law, termination rights conferred by law are generally limited to:

      (1) breach of condition - any breach justifies termination;

      (2) breach of an intermediate (or 'innominate') term - breach must deprive promisee of substantially the whole benefit of the contract; and

      (3) repudiation - a reasonable person would regard the promisor as having refused to perform the contract.

      In addition:

      (4) a contract is automatically discharged by impossibility or frustration.

      PubDate: Thu, 20 Jul 2017 18:41:50 GMT
       
  • Volume 30 Issue 4 - Patent validity: Are computer implemented business
           methods patentable?
    • Abstract: Cochrane, Cynthia; Mee, Ben
      One ground for refusing a patent application or revoking a patent is that the alleged invention is not a manner of manufacture within the meaning of s6 of the Statute of Monopolies. It is a threshold means of invalidating a patent or patent application, on the basis that the alleged invention is not a proper subject for a patent. It is a less costly and time-consuming ground than novelty or inventive step because the ground must be made out on the face of the specification, with the result that it should not involve literature searching or expert evidence, except as to the meaning of technical terms in the patent or patent application.

      PubDate: Fri, 5 May 2017 15:45:14 GMT
       
  • Volume 30 Issue 4 - President's message
    • Abstract: Donato, Norman
      PubDate: Fri, 5 May 2017 15:45:14 GMT
       
  • Volume 30 Issue 4 - Thoughts on: - some construction and infringement
           issues; and - enabling disclosure and the law of novelty
    • Abstract: Jagot, Jayne
      Is the idea of the substantial idea of an invention now more trouble than it's worth?

      The answer may be 'yes' - everything the concept continues to do, seems to boil down to the same thing as identifying, by the usual processes of construction of patents through the eyes of the skilled addressee at the relevant time, the essential integers of a claim and the scope, nature or character of those essential integers.

      PubDate: Fri, 5 May 2017 15:45:14 GMT
       
  • Volume 30 Issue 4 - Principles relating to advocate's immunity following
           Attwells v Jackson Lawyers and Kendirjian v Lepore
    • Abstract: Emmett, Arthur
      On 4 May 2016, in Attwells v Jackson Lalic Lawyers Pty Ltd (Attwells Case) the High Court unanimously held that advocate's immunity, as set down in Giannarelli v Wraith (Giannarelli) and D'Orta-Ekenaike v Victoria Legal Aid (D'Orta), still exists in New South Wales. However, a majority of the High Court held that the test for the application of the immunity was not satisfied where negligent advice led to the settlement of a claim in civil proceedings, overturning a decision of the NSW Court of Appeal. On 29 March 2017, in Kendirjian v Lepore (Kendirjian's Case), the High Court unanimously declined to reopen D'Orta and held that the test was also not satisfied where negligent advice led to the rejection of an offer of settlement, allowing an appeal from another decision of the NSW Court of Appeal.

      PubDate: Fri, 5 May 2017 15:45:14 GMT
       
  • Volume 30 Issue 4 - Trade mark infringement - parallel importing and
           export genuine products
    • Abstract: Cochrane, Cynthia; Larish, David
      Demand in China for Australian infant formula and other health products has skyrocketed since 2008 when melamine contamination saw six babies die and 300,000 fall ill.

      PubDate: Fri, 5 May 2017 15:45:14 GMT
       
  • Volume 27 Issue 3 - Streetcars and desire: Preliminary discovery in Roads
           and Traffic Authority of NSW v Care Park Pty Ltd
    • Abstract: Tarrant, John; Dowson, Christopher
      Preliminary discovery can be used, prior to the commencement of litigation, to obtain information that might be required so that a potential plaintiff can commence proceedings against a potential, and perhaps unknown, defendant. In Roads and Traffic Authority of NSW v Care Park Pty Ltd, the New South Wales Court of Appeal considered the issue of preliminary discovery of documents, and other information, under the Uniform Civil Procedure Rules 2005 (NSW) (the UCPR).

      PubDate: Thu, 12 Dec 2013 15:38:49 GMT
       
  • Volume 27 Issue 3 - Cartels and the Competition and Consumer Act 2010
           (Cth)
    • Abstract: C, Christopher; SC, Hodgekiss
      Australia has a rich record of businesses being involved in cartel conduct. This conduct was revealed in various Royal Commissions, both Commonwealth and State during the 1950s and by the number of cartel arrangements notified to the Trade Practices Commission (the 'TPC') pursuant to the Trade Practices Act 1965.

      PubDate: Thu, 12 Dec 2013 15:38:49 GMT
       
  • Volume 27 Issue 3 - The implications of contractual terms: Problems with
           Belize Telecom
    • Abstract: Carter, JW
      A major challenge to the traditional approach to the implications of terms in contracts was made by Lord Hoffmann, delivering the advice of the Privy Council in Attorney General of Belize v Belize Telecom Ltd. Even at a basic level, the judgment of Lord Hoffmann has three quite striking features.

      PubDate: Thu, 12 Dec 2013 15:38:49 GMT
       
  • Volume 27 Issue 3 - 2014 seminars
    • PubDate: Thu, 12 Dec 2013 15:38:49 GMT
       
  • Volume 27 Issue 3 - President's message
    • Abstract: Yazbeck, Cristean
      PubDate: Thu, 12 Dec 2013 15:38:49 GMT
       
  • Volume 27 Issue 2 - Restitution, equity and statutory liability
    • PubDate: Thu, 3 Oct 2013 14:05:25 GMT
       
  • Volume 27 Issue 2 - The new regime of practice in the equity division of
           the supreme court of New South Wales
    • Abstract: Bergin, PA
      In 1885 Edward Bray identified the various objects of document disclosure, as they had been identified in the case law as being: '... to supply evidence or to prevent expense and delay in procuring it; to save expense and trouble; to prevent a long enquiry and to determine the action as expeditiously as possible; ... [and] to ... save expenses ...'

      PubDate: Thu, 3 Oct 2013 14:05:25 GMT
       
  • Volume 27 Issue 2 - The remedy of rectification
    • Abstract: Carter, JW
      The principal object of this short paper is to summarise the basic principles which govern the remedy of rectification. That also provides an opportunity to identify points on which Australian law may differ from English law, at least in relation to rectification for common mistake. The principles regulating rectification in that context were restated by the House of Lords in Chartbrook Ltd v Persimmon Homes Ltd. Subsequent decisions would seem to indicate that the formulation in Chartbrook has caused some confusion in England, with quite different views being expressed as to the guidance which was provided in the restatement. Analysis of those views is beyond the scope of this paper. Although the High Court has not for some time had the opportunity to review the law of rectification, there are important judgments in recent decisions of the New South Wales Court of Court of Appeal.3 So far, there has been no inclination to apply Chartbrook. That is not surprising.

      PubDate: Thu, 3 Oct 2013 14:05:25 GMT
       
  • Volume 27 Issue 2 - Commodity transactions and part 3.4 of the personal
           property securities act 2009: An anomalous outcome
    • Abstract: Boxall, Andrew; Loxton, Diccon
      The purpose of this article is to consider briefly the operation of Part 3.4 of the Personal Property Securities Act 2009 (Cwth) (the 'PPSA') in relation to commodity transactions. Part 3.4 is headed 'Processed or commingled goods', and, according to s98, its objective is to deal with '... security interests in goods that become an unidentifiable part of a larger product or mass'. Part 3.4 deals with fungible goods which have simply been mixed together, such as wheat in a silo or minerals in a stockpile, in the same way as it deals with goods which have been processed or inseparably affixed so as to become part of a product, such as resin and woodchips which become chipboard, or mechanical parts which are welded together. We question the suitability of this common approach to mixtures of fungible goods.

      PubDate: Thu, 3 Oct 2013 14:05:25 GMT
       
  • Volume 27 Issue 2 - President's message
    • Abstract: Yazbeck, Cristean
      PubDate: Thu, 3 Oct 2013 14:05:25 GMT
       
  • Volume 27 Issue 1 - Termination for convenience clauses: The role of good
           faith following Trans petroleum v White gum
    • Abstract: Curtin, Ben
      In an earlier note in this journal,1 the author considered the question whether a termination for convenience clause should be regulated by an obligation to act reasonably or in good faith. The note considered that question by reference to two interlocutory decisions of the Supreme Courts of New South Wales2 and Victoria3 that indicated that there was a serious question to be tried as to whether termination for convenience clauses are subject to such an obligation. The note identified the difficulties in accepting that proposition in Australian contract law.

      PubDate: Tue, 13 Aug 2013 14:46:10 GMT
       
  • Volume 27 Issue 1 - Practice in the corporations list of the supreme court
           of NSW
    • Abstract: Black, Ashley
      In this paper I will deal with several aspects of practice in the Corporations List, some of which involve issues that also arise in litigation in the Equity Division generally. I will also deal with several issues of law and practice that arise in particular categories of occasions in the Corporations List.

      PubDate: Tue, 13 Aug 2013 14:46:10 GMT
       
  • Volume 27 Issue 1 - Remoulding pre-contracts in China: Essentials and
           framework
    • Abstract: Wei, Shen; Yu, Kenny
      The PRC Supreme People's Court has recently issued its third piece of judicial interpretation on the PRC Contract Law in order to clarify ambiguities surrounding the sales contract. Among others, the new judicial interpretation tries to regulate pre-contractual liability, a thorny issue not only in China but also abroad. This article is in an attempt to understand the interrelationship between the PRC Contract Law and the latest judicial interpretation on pre-contractual liability by remoulding a so-called 'good faith framework' thereby removing any potential tensions between the two instruments so that the current Article 42 and the judicial interpretation may work in a more sensible and analytical fashion.

      PubDate: Tue, 13 Aug 2013 14:46:10 GMT
       
  • Volume 27 Issue 1 - President's message
    • Abstract: Yazbeck, Cristean
      PubDate: Tue, 13 Aug 2013 14:46:10 GMT
       
  • Volume 26 Issue 4 - Seen at the seminars
    • PubDate: Tue, 7 May 2013 15:55:49 GMT
       
  • Volume 26 Issue 4 - Welcome to our new members
    • PubDate: Tue, 7 May 2013 15:55:49 GMT
       
  • Volume 26 Issue 4 - Australian contract law: A case law update
    • Abstract: Goldberger, Jeffrey
      In this review of recent Australian contract law cases the following subject matter is covered: 1. Correction of mistakes by construction. 2. Contract formation: the problem of uncertainty. . 3. Termination and good faith. . 4. Relief against penalties and forfeiture. . 5. Direct and consequential loss. . It must be stressed, however, that the courts have handed down important decisions in other areas of contract law, eg, promissory estoppel which are not dealt with in this paper.

      PubDate: Tue, 7 May 2013 15:55:49 GMT
       
  • Volume 26 Issue 4 - How does 'equitable estoppel' apply in practice?: A
           case note of Waddell v Waddell
    • Abstract: Mathias, Louise
      For most practitioners, equitable estoppel is a familiar concept, particularly in law practices specialising in wills, commercial law, employment and family law. The recent New South Wales Court of Appeal decision in Waddell v Waddell1 provides a recent example of how the concept of equitable estoppel arises in wills, thus providing practitioners with an important reminder that appropriate fact-finding at the outset can serve as a safeguard against future litigation and the ultimate depletion of an estate's assets.

      PubDate: Tue, 7 May 2013 15:55:49 GMT
       
  • Volume 26 Issue 4 - President's message
    • Abstract: Yazbeck, Cristean
      PubDate: Tue, 7 May 2013 15:55:49 GMT
       
  • Volume 26 Issue 3 - A stitch in time: Early intervention in a corporate
           context
    • Abstract: Burges, Paul
      It is my intention to devote much of this paper to consideration of early interventions in the context of a corporation under stress. In doing so, I will look particularly at those issues against the background of my experiences serving the Small to Medium sized Enterprises (SMEs) sector.

      PubDate: Wed, 2 Jan 2013 11:04:06 GMT
       
  • Volume 26 Issue 3 - 'Reducing red tape': A new regulator for the charities
           sector
    • Abstract: Maxwell, Kylie
      At the time of writing this article two Bills had just been passed through both houses of the Federal Parliament that would change the way the charities sector would be regulated. We now know those bills have become law. Before they were passed, the Australian Charities and Not-for-profits Commission Bill 2012 (the ACNC Bill) and the Australian Charities and Not-for-profits Commission (Consequential and Transitional) Bill 2012 (the ACNCC and T Bill) (together, the Bills) were the subject of a report by the Parliamentary Joint Committee on Corporations and Financial Services and the Senate Standing Committee on Community Affairs (the Reports).

      PubDate: Wed, 2 Jan 2013 11:04:06 GMT
       
  • Volume 26 Issue 3 - Some recent developments in the 'shareholder's
           derivative action'
    • Abstract: Aitken, Lee
      The rule in Foss v Harbottle provided that no action would lie at the suit of a shareholder of a company, although exceptionally he might be permitted to bring a derivative action in right of the company and recover damages on its behalf.

      PubDate: Wed, 2 Jan 2013 11:04:06 GMT
       
  • Volume 26 Issue 3 - CEO's report
    • Abstract: Wilson, Max
      PubDate: Wed, 2 Jan 2013 11:04:06 GMT
       
  • Volume 26 Issue 3 - President's message
    • Abstract: Yazbeck, Cristean
      PubDate: Wed, 2 Jan 2013 11:04:06 GMT
       
  • Volume 26 Issue 2 - Guidance for general and corporate counsel:
           Reflections on James Hardie
    • Abstract: Armstrong, Daren M
      On 3 May 2012, the High Court of Australia delivered its judgments in the James Hardie litigation, namely: ASIC v Hellicar and Ors (the first judgment) and Shafron v ASIC (the second judgment). < This article reflects on the judgments insofar as they provide guidance for those who serve as General or Corporate Counsel, especially those who serve in the positions of General Counsel, Corporate Counsel or General Counsel and Company Secretary jointly. Reflections are drawn with the benefit of the writer's firm, Kemp Strang, acting for one of the James Hardie non-executive directors at all stages of the litigation.

      PubDate: Fri, 28 Sep 2012 09:13:09 GMT
       
  • Volume 26 Issue 2 - Procedural and evidentiary features of civil penalty
           proceedings after One.Tel, James Hardie, Fortescue Metals and Centro
    • Abstract: Abadee, Alister
      The institution of civil penalty proceedings by ASIC is an important part of its regulatory arsenal; though of course, it is only part of that arsenal. It is the means by which ASIC can procure court orders to disqualify directors or company officers (ss206C and/or 206E) or fines against them (s1317J(1)) arising from contravention of various 'civil penalty provisions' (s1317E) in the Corporations Act 2001 (Cth). ASIC, along with the company or responsible entity of a registered scheme, may also apply for a compensation order for any damage resulting from the contravention of these provisions (ss1317H- 1317HA and 1317J(2) of the Corporations Act).

      PubDate: Fri, 28 Sep 2012 09:13:09 GMT
       
  • Volume 26 Issue 2 - Sahab v registrar-general and castle constructions Pty
           Ltd: Amending the indefeasible register
    • Abstract: Burton, Gregory
      Sahab Holdings Pty Ltd v Registrar-General and Castle Constructions Pty Ltd [2011] NSWCA 395 and [2012] NSWCA 42 examined the interaction of statutory powers under the Real Property Act 1900 (NSW) (RPA) to amend the Torrens title register with the doctrine of indefeasibility and statutory exceptions to indefeasibility. It is of commercial interest to subsequent registered proprietors such as registered mortgagees who may seek to have the statutory powers to amend the register used in their favour or who may find them sought to be used against them, when the exercise of power is within an express exception to indefeasibility (for the position where there is no express exception to indefeasibility and the property has been on-sold after exercise of power, see, eg, Hemer Pty Ltd v Benni (No 2) [2011] SASCFC 143 (building on issues determined in Hemer v Benni (No 1) [2011] SASCFC 35), also recognised by the CA in the present case [2011] NSWCA 395 at [250]). Parties, including registered mortgagees, who have successfully requested the exercise of amending power and who remain on the register are at risk of that exercise being reversed on the application of a subsequent registered proprietor affected by the decision, although the decision was not challenged at the time of initial exercise by the then registered proprietor affected by the decision. The New South Wales Court of Appeal did not need in the present case to canvass the limits of all aspects of the amending power when there was no express statutory exception to indefeasibility and the party who requested exercise of the amending power was still on the register and later became the subject of a review application seeking to restore the original position: see, eg, [2011] NSWCA 395 at [150].

      PubDate: Fri, 28 Sep 2012 09:13:09 GMT
       
  • Volume 26 Issue 2 - CEO's Report
    • Abstract: Wilson, Max
      This edition of CLQ includes three papers: 'Procedural and Evidentiary Features of Civil Penalty Proceedings after One.Tel, James Hardie, Fortescue Metals and Centro' by Alister Abadee, 'Guidance for General and Corporate Counsel: Reflections on James Hardie' by Daren M Armstrong and 'Sahab v R-G and Castle: Amending the Indefeasible Register' by Gregory Burton SC.

      PubDate: Fri, 28 Sep 2012 09:13:09 GMT
       
  • Volume 26 Issue 2 - President's Message
    • Abstract: Yazbeck, Cristean
      PubDate: Fri, 28 Sep 2012 09:13:09 GMT
       
  • Volume 26 Issue 1 - 2012 journal of equity conference: Equity and contract
    • PubDate: Fri, 27 Jul 2012 09:25:24 GMT
       
  • Volume 26 Issue 1 - Seen at the seminars
    • PubDate: Fri, 27 Jul 2012 09:25:24 GMT
       
  • Volume 26 Issue 1 - Contract law in Australia: A case law update
    • Abstract: Goldberger, Jeffrey
      The theme that runs through our law of contract is that the reasonable expectations of honest men must be protected. It is not a rule or a principle of law. It is the objective which has been and still is the principal moulding force of our law of contract. It affords no licence to a Judge to depart from binding precedent. On the other hand if the prima facie solution to a problem runs counter to the reasonable expectations of honest men, this criterion sometimes requires a rigorous re-examination of the problem to ascertain whether the law does indeed compel demonstrable unfairness. (Steyn LJ in First Energy (UK) Ltd v Hungarian International Bank Ltd [1993] 2 Lloyd's Rep 194, 196 cited by Allsop J in DSE (Holdings) Pty Ltd v Intertan Inc [2004] FCA 1159).

      PubDate: Fri, 27 Jul 2012 09:25:24 GMT
       
  • Volume 26 Issue 1 - Equitable charge or equitable mortgage'
    • Abstract: Aitken, Lee
      In theory, the difference between a charge and a mortgage is easy to state. A mortgagee will gain the equitable title to the property the subject of the security, with the mortgagor enjoying an equity of redemption. A chargee does not obtain an equitable title; the charge only 'burdens' the property once it has been 'appropriated' to the charge - the chargee's remedy is to enforce by means of a sale in court, or the appointment of a receiver.

      PubDate: Fri, 27 Jul 2012 09:25:24 GMT
       
  • Volume 26 Issue 1 - CEO's Report
    • Abstract: Wilson, Max
      This edition of the Commercial Law Quarterly includes two substantial papers. Associate Professor Lee Aitken's article 'Equitable charge, or equitable mortgage'' The distinction between a charge and a mortgage is easy to state, as a matter of practice and construction the distinction between the two modes of security is far less easy to draw.

      PubDate: Fri, 27 Jul 2012 09:25:24 GMT
       
  • Volume 26 Issue 1 - President's message
    • Abstract: Yazbeck, Cristean
      PubDate: Fri, 27 Jul 2012 09:25:24 GMT
       
  • Volume 25 Issue 4 - Legislative review digest
    • Abstract: Gillard, Brian J; Ansell, Simon W
      The Legislative Review Task Force regularly reviews legislation and legislative reform proposals that fall within the Association's areas of interest.

      PubDate: Mon, 23 Apr 2012 14:51:48 GMT
       
  • Volume 25 Issue 4 - Back from the dead: Recent manifestations of sections
           99B and 99C ITAA 1936
    • Abstract: Hamilton, Roger
      Sections 99B and 99C Income Tax Assessment Act 1936 (ITAA 1936) were introduced in 1979 (Act No 12). Although there have been later amendments, they did little to clarify the extremely broad scope of the rules.

      PubDate: Mon, 23 Apr 2012 14:51:48 GMT
       
  • Volume 25 Issue 4 - Frustration and force majeure: Commentary
    • Abstract: Robertson, Donald
      The valuable papers by Professor Hunter and Professor Carter reveal that there is life yet in the doctrine of frustration. That is because the basic problem of contracting - the inability to cover every contingency - will always be with us. Legal theory always has, and always will, deal with the problem of supervening events. As the world changes, those events become more complex. That complexity itself increases the need for a legal response because the contracting process in turn becomes more complex.`

      PubDate: Mon, 23 Apr 2012 14:51:48 GMT
       
  • Volume 25 Issue 4 - From coronations to sand bans: Frustration and force
           majeure in the 21st century
    • Abstract: Hunter, Howard
      From the middle of 2008 through the second quarter of 2011 natural, economic and political events have had unusual and unexpected effects on a wide range of commercial transactions. Consider the following: - The financial collapse of 2008-09 which was especially difficult in North America and Europe, and which continues to affect financial markets. - The worldwide recession that followed the financial collapse. - Droughts and floods in a number of important areas of agricultural production. - A volcanic eruption in Iceland that shut down the skies over Europe for commercial aviation (and others in Indonesia and Chile with similar effects in areas of somewhat less heavy traffic). - Earthquakes in New Zealand and Japan and a terrible tsunami in Japan. - Damage to a nuclear power plant in Japan that resulted in the dispersal of radiation over a large area. - Political unrest which led to governmental changes in Tunisia and Egypt. - Unrest and a civil war in Libya with resulting disruption to Libyan oil production. - Continuing unrest in Bahrain which may affect capital markets in the region and unrest in Syria and Yemen which could have far-reaching effects on the region.

      PubDate: Mon, 23 Apr 2012 14:51:48 GMT
       
  • Volume 25 Issue 4 - An introduction to frustration and force majeure
    • Abstract: Carter, JW
      On 7 July 2011, the CLA in association with the Journal of Contract Law and the Ross Parsons Centre presented a seminar on 'Frustration and Force Majeure'. Introductory remarks were provided by Professor John Carter, the main paper was delivered by Professor Howard Hunter and this was followed by Donald Robertson's commentary.

      PubDate: Mon, 23 Apr 2012 14:51:48 GMT
       
  • Volume 25 Issue 4 - CEO's report
    • Abstract: Wilson, Max
      This year's seminar program provides members with a diverse range of topics and speakers covering key commercial law issues. For members that are unable to attend seminars we have introduced a new online seminar service. Members are able to pay a fee and can download the seminar of their choice.

      PubDate: Mon, 23 Apr 2012 14:51:48 GMT
       
  • Volume 25 Issue 4 - President's message
    • Abstract: Lamy, Stephen
      PubDate: Mon, 23 Apr 2012 14:51:48 GMT
       
  • Volume 25 Issue 3 - The ACCC's new enforcement powers: More firepower to
           protect consumers than ever before
    • Abstract: Stellios, Kon; Witt, Liana
      On 1 January 2011, the Trade Practices Act 1974 (Cth) (TPA) was renamed the Competition and Consumer Act 2010 (Cth) (CCA). On the same date, the second and final legislative instalments came into effect to create the new Australian Consumer Law (ACL); a body of uniform consumer protection laws which apply in all jurisdictions in Australia.

      PubDate: Thu, 5 Jan 2012 16:16:07 GMT
       
 
 
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