June is an especially busy month for Thomson Reuters journals. Here is a selection of what is being published in June.
Journal of Banking and Finance Law and Practice
The June issue will be jam-packed with interesting and informative articles and sections covering recent case law, legislation and theory both in Australia and abroad.
Articles to be included:
- “What is an “absolute” assignment? Further reflections on charges, “tacking” and marshalling” by Lee Aitkin
- “The New Zealand Supreme Court speaks on bankers’ mandates and dishonest assistance” by Michael Lenihan
- “Twinsectra versus Elizebethan Theatre: Comments on the Nature of the Quistclose Trust” by Andrew Pingree
Sections to be included:
- Banking Law and Banking Practice – “Silent confirmation of credits” by Alan L Tyree
- Commercial and Finance Law – “Arbitrating financial ‘star wars’” by Bryan Pape
- Financial Markets – “Disclaimers – ally or neutral bystander?” by Paul O’Brien
- New Zealand – “Does cyprus provide lessons for new zealand’s open bank resolution, and do we need to broaden the discussion?” by Gene Turner and Simon Jensen
- and more!
Online Currents
The June issue will include the usual RoundUp columns (such as Company News, Around the Blogs and Web Watch) as well as the following articles for the online information industry:
- “The Digital Rights Management minefield”
An article by Denise Sutherland finding that DRM – a method used by digital content providers to reduce piracy of their content – is more of a hindrance than a help. DRM is problematic and can impinge on customer’s rights to fair use of content.
- “Election 2013: Managing the information flow”
An article by Jane Douglas providing a selection of material, from the credible to the less authoritative, on where to go for background information amidst the news and spin on the federal election.
- “Android apps”
An article by Jon Jermey discussing the development of apps for android devices, finding that apps exemplify the modern trend towards provision of software as a service rather than a product.
- “Booked out: Online events bookings services”
An article by Michelle McLean looking at online booking services by way of a case study of one library’s experience.
Public Law Review
The June issue will include a mix of articles, comments and recent developments that provide critical analyses of public law and statutory interpretation. The contents will include:
- “Anomalous occurrences in unusual circumstances? Extrajudicial activity by High Court justices: 1903 to 1945″
An article by Fiona Wheeler challenging the conventional wisdom that justices of the High Court of Australia have generally refrained from extrajudicial work. As an example, Fiona discusses the extrajudicial service, now largely forgotten, by members of the High Court in its formative years.
- “The Royal Commission into Institutional Responses to Child Sexual Abuse: Safely in Judicial Hands?”
A comment by Gabrielle Appleby and Matthew Stubbs on whether the appointment of serving judges of State and Commonwealth courts to the Royal Commission are constitutionally valid.
- “Constitutional wrongs in Singapore: A comment on Tan Eng Hong v Attorney-General”
A comment by Shubhankar Dam discussing a recent Singapore case in which the question arose as to whether the applicant had standing to challenge a provision of law that materially affected him, but had not been prosecuted under.
- “The Papua New Guinea “two Prime Ministers’ saga”: Parliament testing the supremacy of the Constitution”
A comment by Vergil Narokobi discussing the events that led to Michael Somare being replaced by Peter O’Neil as Prime Minister. At the centre of these events is the question whether political expediency and perceived democratic legitimacy has trumped the rule of law and supremacy of the PNG Constitution.
Criminal Law Journal
Articles coming up in the June issue include:
- “A Committal Waste of Time? Reforming Victoria’s Pre-Trial Process: Lessons from other Jurisdictions” by Asher Flynn. This article considers court inefficiency, and the shift towards the implementation of law reforms that seek to speed up the delivery of justice – especially the modification, amendment and abolition of the pre-trial committal hearing. It examines whether any proposed changes will increase the effectiveness of the committal hearing by enhancing court efficiency levels, or whether reform can provide better protections to the most vulnerable accused who come before the law by redressing the perceived exclusivity of the Victorian committal hearing.
- “Obtaining the best evidence from children and witnesses with cognitive impairments – ‘Plus ça change’ … or prospects new?” by Terese Henning. This article looks as the problem of comprehension and communication when obtaining evidence from children, and considers various measures to improve the experience. The measures in question are the use of advance directives to control cross-examination, the video recording of these witnesses’ entire testimony in the absence of the jury and the use of intermediaries/interpreters to aid their communication with the court. The implications of these measures for the right to a fair trial are briefly considered.
- “Case and comment: The Queen v Khazaal [2012] HCA 26 and federal anti-terrorism offences” by Miriam Gani. As the first High Court decision involving the substantive offence provisions of the Commonwealth Criminal Code, The Queen v Khazaal is an important addition to the jurisprudence on anti-terrorism law in Australia.
Building and Construction Law Journal
This month’s issue of BCL will include:
- “Proportionate Liability in Arbitrations in Australia: Some Resolution of Uncertainties” by David Levin QC. A follow up to the author’s article in mid-2009 (2009) 25 BCL 298, where he explored the somewhat vexed issue as to the applicability in commercial arbitrations in Australia of the various statutory provisions enacting proportionate liability in the various Australian States and Territories .
- “Breaches of natural justice in alternative dispute resolution of construction disputes” by Jeremy Coggins. Arbitration, expert determination and statutory adjudication are three of the most commonly used forms of alternative dispute resolution (ADR) used in the construction industry. For a quasi-judicial ADR process to be effective, it needs to provide an appropriate balance between procedural fairness and the need for finality of outcome. This is not necessarily the case where the parties have agreed to allow a third party to determine their dispute in a more informal procedural manner. This article considers the extent to which the Court requires the rules of natural justice to be applied in arbitration, expert determination and statutory adjudication.
- “Penalties percolating through the construction industry: Andrews v Australia and New Zealand Banking Group Ltd” by Patrick Easton. This article was the winner of the 2013 Student Brooking Prize, presented by the Society of Construction Law. It deals with the Andrews litigation in the High Court dealing with whether or not a breach of contract is an essential element to relief against penalties.
Australian Journal of Competition and Consumer Law
This issue of AJCCL is crammed with interesting pieces written by a host of practitioners and academics, which have been carefully sourced by our General Editor, Dr Ron Desiatnik. Sections included in the June part are: Access to Services, Defective Goods, Report from Africa and Report from India. We are also glad to see the return of “Economic(s) Matters” and “Commission Cameos”, providing insightful updates. The two articles in this issue are:
- “Australian Competition Law still trips over barriers to entry” by Paulina Fishman. This article discusses the concept of barriers to entry is an important consideration in many Australian competition decisions. Merely technical and divisive in economics, this borrowed concept is especially muddled in the competition law context. There is an incontrovertible need for it to be explained, delineated and clarified. To that end, this article expounds the nature, effect, and theoretical foundations of barriers to entry; scrutinises particular examples of entry barriers (both structural and strategic); and broaches a number of related concepts.
- “Proposals for an ACCC makeover” by Frank Zumbo. Has the Australian Competition and Consumer Commission (ACCC) become too big and unwieldy as a single agency? Is there any merit in breaking up the ACCC into specialist, stand-alone bodies? While it is certainly good practice to regularly review Australian’s competition and consumer laws, it is also good practice to regularly review the operation of the ACCC and to assess whether its resources are being used most effectively. Ultimately, no government agency should be above independent scrutiny and the ACCC is no exception.
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