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LAW (689 journals)                  1 2 3 4 | Last

Showing 1 - 200 of 354 Journals sorted alphabetically
ABA Journal Magazine     Full-text available via subscription   (Followers: 19)
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: 19)
Administrative Law Review     Open Access   (Followers: 38)
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: 18)
Akron Law Review     Open Access   (Followers: 3)
Al Ihkam : Jurnal Hukum & Pranata Sosial     Open Access   (Followers: 1)
Al-Ahkam     Open Access   (Followers: 1)
Alaska Law Review     Open Access   (Followers: 9)
Albany Law Review     Free   (Followers: 6)
Alberta Law Review     Full-text available via subscription   (Followers: 14)
Alternative Law Journal     Hybrid Journal   (Followers: 1)
Alternatives : Global, Local, Political     Hybrid Journal   (Followers: 13)
Amazon's Research and Environmental Law     Open Access   (Followers: 2)
American Journal of Comparative Law     Full-text available via subscription   (Followers: 51)
American Journal of Jurisprudence     Hybrid Journal   (Followers: 15)
American Journal of Law & Medicine     Full-text available via subscription   (Followers: 12)
American journal of legal history     Full-text available via subscription   (Followers: 4)
American Journal of Trial Advocacy     Full-text available via subscription   (Followers: 7)
American University Law Review     Open Access   (Followers: 15)
American University National Security Law Brief     Open Access   (Followers: 8)
Amicus Curiae     Open Access   (Followers: 5)
Amsterdam Law Forum     Open Access   (Followers: 9)
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  
Arbitration Law Monthly     Full-text available via subscription   (Followers: 2)
Arbitration Law Reports and Review     Hybrid Journal   (Followers: 12)
Arctic Review on Law and Politics     Open Access   (Followers: 1)
Arena Hukum     Open Access  
Arizona Law Review     Open Access   (Followers: 3)
Arizona State Law Journal     Free   (Followers: 2)
Arkansas Law Review     Free   (Followers: 5)
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: 6)
Asian Pacific American Law Journal     Open Access   (Followers: 2)
AStA Wirtschafts- und Sozialstatistisches Archiv     Hybrid Journal   (Followers: 5)
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: 15)
Australian Journal of Legal History     Full-text available via subscription   (Followers: 19)
Ave Maria Law Review     Free   (Followers: 2)
Badamai Law Journal     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: 20)
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: 17)
Boston College Environmental Affairs Law Review     Open Access   (Followers: 7)
Boston College Journal of Law & Social Justice     Open Access   (Followers: 8)
Boston College Law Review     Open Access   (Followers: 17)
Boston University Law Review     Free   (Followers: 10)
BRICS Law Journal     Open Access  
Brigham Young University Journal of Public Law     Open Access   (Followers: 7)
Brigham Young University Law Review     Full-text available via subscription   (Followers: 7)
British Journal of American Legal Studies     Open Access  
Brooklyn Law Review     Open Access   (Followers: 2)
Bulletin of Medieval Canon Law     Full-text available via subscription   (Followers: 2)
C@hiers du CRHIDI     Open Access  
Cadernos de Dereito Actual     Open Access  
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: 19)
California Lawyer     Free  
California Western Law Review     Open Access   (Followers: 2)
Cambridge Law Journal     Hybrid Journal   (Followers: 133)
Campbell Law Review     Open Access   (Followers: 4)
Campus Legal Advisor     Hybrid Journal   (Followers: 2)
Case Western Reserve Law Review     Open Access   (Followers: 1)
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: 2)
Chicago-Kent Law Review     Full-text available via subscription   (Followers: 3)
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: 1)
College Athletics and The Law     Hybrid Journal   (Followers: 1)
Colombia Forense     Open Access  
Columbia Journal of Environmental Law     Free   (Followers: 10)
Columbia Journal of Law and Social Problems     Full-text available via subscription   (Followers: 12)
Columbia Law Review (Sidebar)     Open Access   (Followers: 13)
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: 39)
Comparative Legal History     Full-text available via subscription   (Followers: 7)
Con-texto     Open Access  
Conflict Resolution Quarterly     Hybrid Journal   (Followers: 33)
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: 5)
Cuestiones Juridicas     Open Access   (Followers: 1)
Current Legal Problems     Hybrid Journal   (Followers: 25)
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: 1)
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: 1)
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: 3)
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: 7)
Duke Journal of Gender Law & Policy     Open Access   (Followers: 14)
Duke Law & Technology Review     Open Access   (Followers: 9)
Duke Law Journal     Open Access   (Followers: 25)
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: 20)
Education and the Law     Hybrid Journal   (Followers: 12)
El Cotidiano     Open Access   (Followers: 1)
Election Law Journal     Hybrid Journal   (Followers: 22)
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: 3)
European Journal of Law and Technology     Open Access   (Followers: 15)
European Journal of Psychology Applied to Legal Context     Open Access   (Followers: 4)
European Law Journal     Hybrid Journal   (Followers: 122)
European Public Law     Full-text available via subscription   (Followers: 32)
European Review of Contract Law     Hybrid Journal   (Followers: 22)
European Review of Private Law     Full-text available via subscription   (Followers: 29)
European Yearbook of Minority Issues Online     Hybrid Journal   (Followers: 2)
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: 20)
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: 3)
Florida State University Law Review     Open Access   (Followers: 3)
Fordham Environmental Law Review     Open Access   (Followers: 5)
Fordham Intellectual Property, Media and Entertainment Law Journal     Open Access   (Followers: 19)
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: 21)
George Washington Law Review     Free   (Followers: 7)
Georgia Law Review     Open Access   (Followers: 1)
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)
Golden Gate University Law Review     Open Access   (Followers: 2)
Grey Room     Hybrid Journal   (Followers: 15)
Griffith Law Review     Hybrid Journal   (Followers: 12)
GSTF Journal of Law and Social Sciences     Open Access   (Followers: 2)

        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  (Not entitled to full-text)
   ISSN (Print) 0819-4262
   Published by RMIT Publishing Homepage  [403 journals]
  • Volume 30 Issue 3 - Colin blackburn: An address for the Selden society,
           Queensland
    • Abstract: O'Sullivan, Dominic
      By selecting leading English Judges from the Elizabethan era down to today, this series of lectures seeks to tell us something about the lives of important judicial figures, and at the same time, something about the times in which they lived and worked.

      PubDate: Fri, 25 Nov 2016 20:35:19 GMT
       
  • Volume 30 Issue 3 - The restitutionary remedy in Australian law
    • Abstract: Goldberger, Jeffrey
      Although the boundaries of the restitutionary remedy in Australia have not been definitively settled there are a number of fundamental points to note in considering contemporary law. These points form the relevant framework for analysis.

      PubDate: Fri, 25 Nov 2016 20:35:19 GMT
       
  • Volume 30 Issue 3 - Revisiting the penalties doctrine: Paciocco v ANZ
    • Abstract: McDougall, Robert
      The recent decision by the High Court in Paciocco v Australia and New Zealand Banking Group Limited should bring to an end uncertainty surrounding the doctrine of penalties. A majority of the High Court found that late payment fees charged by the respondent (ANZ) to customers, upon a failure of the customer to meet the minimum monthly payment due, did not constitute a penalty.

      PubDate: Fri, 25 Nov 2016 20:35:19 GMT
       
  • Volume 30 Issue 3 - President's message
    • Abstract: Donato, Norman
      PubDate: Fri, 25 Nov 2016 20:35:19 GMT
       
  • Volume 30 Issue 2 - President's message
    • Abstract: Donato, Norman
      PubDate: Wed, 24 Aug 2016 20:20:37 GMT
       
  • Volume 30 Issue 2 - Unconscionable conduct and unfair contract terms
    • Abstract: Goldberger, Jeffrey
      A variety of expressions have been invoked by the courts and in legislation as a trigger for intervention in the operation of otherwise valid and enforceable contracts. In this context Priestley LJ in 'Renard Constructions (ME) Pty Ltd v Minister for Public Works' having referred to the large number of statutes which permitted courts to remould particular kinds of contracts in the interests of fairness observed at p26:

      'Although each of these statutes dealt with carefully defined types of contract, in their totality they covered contractual situations affecting a great many people, so that, to repeat something I have said elsewhere, "a very large area of everyday contract law is now directly affected by statutory unconscionability provisions carrying with them broad remedies". As the words used in the sequence of statutes show, the ideas of unconscionability, unfairness and lack of good faith have a great deal in common. The result is that people generally, including judges and other lawyers, from all strands of the community, have grown used to the courts applying standards of fairness to contract which are wholly consistent with the existence in all contracts of a duty upon the parties of good faith and fair dealing in its performance. In my view this is in these days the expected standard, and anything less is contrary to prevailing community expectations.'

      PubDate: Wed, 24 Aug 2016 20:20:37 GMT
       
  • Volume 30 Issue 2 - A time difference between Australia and England: Urban
           1 (blonk street) Ltd v Ayres
    • Abstract: Lindgren, Kevin
      As a result of a series of cases culminating in the decision of the English Court of Appeal in 'Urban 1 (Blonk Street) Ltd v Ayres' [2013] EWCA Civ 816 ('Urban 1'), a fundamental difference has developed as between the treatment of time in the performance of contracts for the sale of land in that Court and in the High Court of Australia. (The following discussion will be limited by reference to that class of contract, both for reasons of space and because it has special features: the purchaser's acquisition of an interest in the land, and the availability of the equitable remedy of specific performance.)

      PubDate: Wed, 24 Aug 2016 20:20:37 GMT
       
  • Volume 30 Issue 2 - The doctrine of anticipatory repudiation: The
           international context
    • Abstract: Zeller, Bruno
      This paper builds on another - 'Breach by Anticipatory Repudiation' by Anton Trichardt - that was published in the December 2015-February 2016 Commercial Law Quarterly. He specifically drew the attention of Australian lawyers to the fact that the court in STX Mumbai 'referred to case law in England, Australia and Canada, as well as the United States of America. His Honour also extensively referred academic writing.'

      PubDate: Wed, 24 Aug 2016 20:20:37 GMT
       
  • Volume 30 Issue 1 - The Ralls implications for the national security
           review
    • Abstract: Bu, Qingxiu
      The potential national security effect of foreign acquisitions has been a long standing issue facing the host states worldwide, which holds particular true between those adversary nations, like the United States and China. Such unexpected consequences as plausible protectionism and governance discrimination are detrimental to the global economic recovery. The creation of China's own national security review (NSR) regime complicates further the perceived retaliatory measures. To pierce the veil of the Committee on Foreign Investment in the United States' (CFIUS) process of NSR is conducive to mitigating unnecessary stalemate between the two world economic giants in the scenarios of cross-border investments. 'Ralls' serves as a landmark case for a Chinese company to challenge the US President's and CFIUS's divesture orders. It remains uncertain of the extent to which the CFIUS's future NSR assessment procedures will be reshaped followed by the US executive's setback in the lawsuit. Through maintaining a predictable regulatory landscape, it is crucial to strike a balance between encouraging foreign investment and protecting national security.

      PubDate: Tue, 28 Jun 2016 21:53:52 GMT
       
  • Volume 30 Issue 1 - An overview of developments in key areas of Australian
           contract law
    • Abstract: Goldberger, Jeffrey
      Agreements to negotiate in good faith: 1 Good faith generally: The scope of good faith in Australian contract law remains unsettled. In particular, there are significant differences in the approaches of the Court of Appeal of Victoria and the Court of Appeal of New South Wales. Resolution of the issue has not been assisted by the absence of authoritative guidance from the High Court. Significantly, in the recent decision in Commonwealth Bank of Australia v Barker,1 the High Court in rejecting the existence in employment contracts of an implied term as to mutual trust and confidence made a number of observations on good faith generally but nothing which resolved the ultimate issue as to the role of good faith in Australian contract law.

      PubDate: Tue, 28 Jun 2016 21:53:52 GMT
       
  • Volume 30 Issue 1 - President's message
    • Abstract: Donato, Norman
      PubDate: Tue, 28 Jun 2016 21:53:52 GMT
       
  • Volume 29 Issue 4 - Direct and consequential loss
    • Abstract: Goldberger, Jeffrey
      It is common practice to limit the scope of an indemnity to direct loss and to exclude consequential loss or more generally to exclude a liability for consequential loss on breach of contract.

      PubDate: Wed, 6 Apr 2016 12:00:47 GMT
       
  • Volume 29 Issue 4 - Breach by anticipatory repudiation
    • Abstract: Trichardt, Anton
      The doctrine of breach by anticipatory repudiation elliptically referred to as anticipatory breach or anticipatory repudiation has recently enjoyed the judicial centre stage in Singapore. In The STX Mumbai, the Singapore Court of Appeal considered the basis for the doctrine and specifically addressed the so-called exception to the anticipatory breach doctrine: that is, whether the doctrine applies to an executed contract.

      PubDate: Wed, 6 Apr 2016 12:00:47 GMT
       
  • Volume 29 Issue 4 - President's message
    • Abstract: Donato, Norman
      PubDate: Wed, 6 Apr 2016 12:00:47 GMT
       
  • Volume 29 Issue 4 - Best and reasonable endeavours
    • Abstract: Goldberger, Jeffrey
      Contractual obligations are frequently cast as best or reasonable endeavours. Such obligations conventionally contemplate the taking of steps by a party to secure a particular result or outcome. Clearly, however, the content of the obligation does not mandate that the objective or result be actually achieved.

      PubDate: Wed, 6 Apr 2016 12:00:47 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
       
  • Volume 25 Issue 3 - Obligations of good faith in the performance of
           commercial agreements
    • Abstract: Angyal, Robert
      This paper deals with three questions: Will Australian law imply into commercial agreements an obligation to act in good faith' What does such an obligation mean and how can one determine whether it has been complied with' In particular, what does a contract to negotiate in good faith mean'

      PubDate: Thu, 5 Jan 2012 16:16:07 GMT
       
  • Volume 25 Issue 3 - Adverse action claims under the Fair Work Act 2009
           (Cth): Some lessons from the early cases
    • Abstract: Riley, Joellen
      The Fair Work Act 2009 (Cth) has consolidated the protection of a range of employees' workplace rights in a single part of the legislation dealing with General Protections (Part 3-1). These provisions injunct a 'person' from taking 'adverse action' against another person, because the other person is exercising a 'workplace right'. After two years in operation, the provisions are producing some case law. This article notes some lessons from the cases so far.

      PubDate: Thu, 5 Jan 2012 16:16:07 GMT
       
  • Volume 25 Issue 3 - Getting to grips with the reforms to personal property
           securities law
    • Abstract: McCracken, Sheelagh
      This paper offers an overview of the new personal property securities regime, focusing on the scope and nature of the new form of security interest and the means by which such an interest obtains 'optimal protection' under the Personal Property Securities Act 2009 (Cth). Assuming no prior knowledge of the Act, it examines in particular the concepts of 'security interest', 'attachment', 'enforceability against third parties' and 'perfection', placing them within a suggested analytical framework.

      PubDate: Thu, 5 Jan 2012 16:16:07 GMT
       
  • Volume 25 Issue 3 - CEO's Report
    • Abstract: Wilson, Max
      The continuing high standard of our seminars and conferences this year was only made possible through the goodwill and support of many eminent practitioners who freely gave of their time to speak in our program.

      PubDate: Thu, 5 Jan 2012 16:16:07 GMT
       
  • Volume 25 Issue 3 - President's message
    • Abstract: Lamy, Stephen
      PubDate: Thu, 5 Jan 2012 16:16:07 GMT
       
  • Volume 25 Issue 2 - Seen at Sabah
    • PubDate: Tue, 27 Sep 2011 10:10:03 GMT
       
  • Volume 25 Issue 2 - Automatic Forfeiture of Shares: Why It Could Easily
           Happen to You
    • Abstract: Gardini, Robert; Yazbeck, Cristean
      Companies and their shareholders need to be acutely aware of any conditions of issue of their shares, and of any ongoing eligibility conditions to those shareholdings under relevant governing documents such as the constitution or shareholders' agreement. Not only will the parties be bound by those conditions, but a failure to meet any or all of those conditions at any point in time during ownership may cause those shares to be forfeited by the shareholder(s). Depending on the terms of the governing documents, the company will usually have the right (expressly or impliedly) to determine that the shares have been forfeited, however there is also the possibility of those shares being forfeited automatically by operation of law.

      PubDate: Tue, 27 Sep 2011 10:10:03 GMT
       
  • Volume 25 Issue 2 - Recent Developments in the Assessment of Damages
    • Abstract: Harder, Sirko
      Cases involving the assessment of damages for a civil wrong abound. Naturally, decisions by the High Court of Australia command widest attention. Recent 'highlights' are the High Court's 2009 decision in Tabcorp Holdings Ltd v Bowen Investments Pty Ltd, establishing the availability of contractual damages for restoration costs even though they significantly exceed diminution in value, and the High Court's 2010 decision in Tabet v Gett, rejecting the compensability of the lost chance of a better medical outcome in cases of medical malpractice.

      PubDate: Tue, 27 Sep 2011 10:10:03 GMT
       
  • Volume 25 Issue 2 - Suppliers' Duties to Report Product-related Accidents
           under the New Australian Consumer Law: A Comparative Critique
    • Abstract: Nottage, Luke
      The second tranche of reforms constituting the new 'Australian Consumer Law' ('ACL') was introduced into the Federal Parliament on 17 March 2010, as the Trade Practices Amendment (Australian Consumer Law) Bill (No. 2) 2010 ('the Bill'). The Bill was referred to the Senate's Economics Legislation Committee for public inquiry. The Committee, comprising three senators from the ruling Labor Party, two (Liberal and National Party) Coalition senators and one Independent senator received 47 submissions and heard evidence at hearings held in Canberra, Sydney and Melbourne. Its report in May 2010 recommended enactment with minimal amendments, although the two Coalition senators added several further recommendations. The Bill was passed on 24 June 2010, with some amendments including several in line with both sets of recommendations made in the Senate Committee's Report. The ACL commenced on 1 January 2011 as Schedule 2 of the Australian Competition and Consumer Act 2010 (Cth) - the new name for the Trade Practices Act ('TPA'). Then, pursuant to an Intergovernmental Agreement already reached in July 2009, each state and territory enacted 'application legislation' so that provisions identical to those contained in the ACL can apply nation-wide, even where the federal legislation itself is inapplicable under the Constitution.

      PubDate: Tue, 27 Sep 2011 10:10:03 GMT
       
 
 
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