Journal Updates

17 Feb 2021

Content updates

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

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

Reflections Upon Constitutional Interpretation And The "Aliens Power": Love V Commonwealth - Peter Gerangelos
The Fluctuating Incidence Of The Burden Of Proof Under The Hague-Visby Rules: The Implications Of Volcafe Ltd V Compania Sud Americana De Vapores Sa [2019] Ac 358 For The Position In Australia - Angus Stewart
Overruling Constitutional Precedent - Joshua Thomson SC and Madeleine Durand

This Part also includes the following sections:

Current Issues: "Afghanistan – Office of Special Investigator"; "Royal Commission into Police Informants"; "Press Freedom; National Security and the Law"; "The AG's Gambit: National Defamation Reform Enters Its Middlegame"; and "The Curated Page"
Conveyancing and Property: "The Mortgagee's Duty to Account – Rowe and Nom de Plume"
Around the Nation: Victoria: "COVID-19 and Emergency Regulations"
Admiralty and Maritime: "World in a Box: Impact of Containerisation on Shipping Transactions"
Book Review: "The Washington Diaries of Owen Dixon, 1942–1944", by Philip Ayres

The latest Part of the Australian Business Law Review includes the following articles:

Doing Wrong for the Right Reasons: ASIC and Foreign Language Business Names – Timothy Magarry
Off-duty Misconduct and the Employment Relationship: A Review of the Case Law – Giuseppe Carabetta
Criminalising Wage Theft – Some Observations on Deterrence, Enforcement and Compliance – Mark Lewis

Also in this Part are the following sections:

Editorial – Michael Terceiro
Company and Law Securities: "Carrying on Business in Australia": A Study of Court Judgments – Ian Ramsay and Mihika Upadhyaya
Commercial Litigation: A More Assertive Approach by ASIC to Using Information-Gathering Powers and Challenging Privilege Claims? – Michael Legg and Daniel Faber

The latest Part of the Australian Intellectual Property Journal includes the following articles:

Creative Machines: AI and IP Rights in Digital Authorship and Patentable Inventions – Francina Cantatore
Protecting the Golden Egg: Can Australian Copyright Law Respond to the Growing Problem of Live Sports Broadcast Piracy? – Lachlan Gepp
Time to Face the Music: Lifting the Australian Commercial Radio Royalty Cap – Mary Whitehead

There is also an Editorial by Dr David Brennan.

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

Is It Time for an Express Term of Good Faith in Australian Construction Contracts? – Joseph Biagio Xuereb
No-reliance Clauses: Are They Effective at Limiting a Principal's Liability for Misleading or Deceptive Conduct? – Eileen Yang

Also in this Part are the following sections:

Editorial
Book Review: "Construction Law (3rd ed)", by Julian Bailey – Reviewed by Michael Christie SC
Reports on the following cases:
- Leeda Projects Pty Ltd v Zeng
- TFM Epping Land Pty Ltd v Decon Australia Pty Ltd
- C&V Engineering Pty Ltd v Hamilton & Marino Builders Pty Ltd

This Issue of the Environmental and Planning Law Journal includes the following articles:

Judicial Consideration of Intergenerational Equity in Australian Coal Mine Approval Litigation – Edward Cleary
The Balance of Environmental Protection and Economic Development in Federal Decision-making: An Investigation into Section 74A of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) – Timothy Dickson and Katie Woolaston
Regulation of Land-based Marine Pollution in Australia: A Critical Assessment of the Current Legal Framework and Opportunities for Reform – Nathan Hegerty
An Inconvenient Covenant: How Climate Risks Are Transforming Australian Superannuation Trustees' Liability under Statutory Covenants – Olivia Kilponen
Legal Rights to Take Water for Managed Aquifer Recharge Projects in Western Australia – Clare Ward-Noonan