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Australian Law Journal



Volume 81, Number 3, March 2007



Published: Wed, 07 Mar 2007 09:09:35 EST

 



CURRENT ISSUES -- Editor: Mr Justice PW Young AO

Wed, 07 Mar 2007 09:09:35 EST

Volume 81, Number 3, March 2007



Rest and recreation

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Volume 81, Number 3, March 2007 p.143



Community outrage

Wed, 07 Mar 2007 09:09:35 EST

Volume 81, Number 3, March 2007 p.143



Why be a judge in the 21st century?

Wed, 07 Mar 2007 09:09:35 EST

Volume 81, Number 3, March 2007 p.143



On the independency of the judiciary

Wed, 07 Mar 2007 09:09:35 EST

Volume 81, Number 3, March 2007 p.144



Why courts are unpopular

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Volume 81, Number 3, March 2007 p.145



Judges' retirement

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Volume 81, Number 3, March 2007 p.146



Child care cases

Wed, 07 Mar 2007 09:09:35 EST

Volume 81, Number 3, March 2007 p.146



Winning on a technicality

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Volume 81, Number 3, March 2007 p.147



Ownership of a colour

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Volume 81, Number 3, March 2007 p.147



Do directors of charities have "enhanced" duties?

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Volume 81, Number 3, March 2007 p.147



Cronies

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Volume 81, Number 3, March 2007 p.148



LETTERS TO THE EDITOR

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Volume 81, Number 3, March 2007 p.149



CONVEYANCING AND PROPERTY -- Editor: Peter Butt

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Volume 81, Number 3, March 2007



Is a right of pre-emption a caveatable interest?

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Volume 81, Number 3, March 2007 p.152



No extension of caveat where no money secured by charge

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Volume 81, Number 3, March 2007 p.153



Compliance with formal requirements

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Volume 81, Number 3, March 2007 p.153



EQUITY AND TRUSTS

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Volume 81, Number 3, March 2007



Interlocutory injunctions in defamation cases

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Volume 81, Number 3, March 2007 p.155



RECENT CASES -- Editor: Mr Justice PW Young AO

Wed, 07 Mar 2007 09:09:35 EST

Volume 81, Number 3, March 2007



Freezing orders

Wed, 07 Mar 2007 09:09:35 EST

Volume 81, Number 3, March 2007 p.158



Are clergy employees?

Wed, 07 Mar 2007 09:09:35 EST

Volume 81, Number 3, March 2007 p.158



What is "public worship"?

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Volume 81, Number 3, March 2007 p.159



What is torture?

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Volume 81, Number 3, March 2007 p.159



Caveats against dealings

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Volume 81, Number 3, March 2007 p.159



Unjust enrichment

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Volume 81, Number 3, March 2007 p.160



Insurance: What is an accident?

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Volume 81, Number 3, March 2007 p.160



Ownership of livestock: Commixture of goods

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Volume 81, Number 3, March 2007 p.161



Computer pornography

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Volume 81, Number 3, March 2007 p.161



ARTICLES

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Volume 81, Number 3, March 2007



COMPANIES ACT 2006 (UK): A NEW APPROACH TO DIRECTORS' DUTIES

Wed, 07 Mar 2007 09:09:35 EST

Volume 81, Number 3, March 2007 p.162
The United Kingdom has enacted its first codified statement of the duties of directors in the Companies Act 2006 (UK). This article explains the thinking behind this statutory statement and points out that it reflects the "enlightened shareholder" model of directors' duties. This means that directors must promote to the success of the company for the benefit of its members, rather than for the benefit of different interest groups, but at the same time they must have regard to the interests of other parties which contribute to the company's success. This article contains a commentary on the new provisions and an evaluation. It also refers to the recent reports of the Australian Joint Parliamentary Committee on Corporations and the Corporations and Markets Advisory Committee which both considered whether there should be an equivalent provision in Australia to the new codified statement of directors' duties in the UK.



CHOOSING YOUR LIFE RAFT: A REVIEW OF LAW REFORM (MISCELLANEOUS PROVISIONS) ACT 1946 (NSW), s 6, AND ITS ANALOGUES

Wed, 07 Mar 2007 09:09:35 EST

Volume 81, Number 3, March 2007 p.180
Legislative schemes exist both at the State and Commonwealth level to deal with the inability of an insured to make, or continue with, a claim on an insurance policy arranged by that insured and covering liabiliites to third parties. The article summarises the current law in relation to s 6 of the Law Reform (Miscellaneous Provisions) Act 1946, discusses some of the remaining difficulties and compares s 6 with the Commonwealth legislative provisions providing relief to those asserting such claims against insureds.



THE COMMONWEALTH: A MULTITUDE OF MANIFESTATIONS - FEDERAL JURISDICTION UNDER s 75(III) OF THE CONSTITUTION

Wed, 07 Mar 2007 09:09:35 EST

Volume 81, Number 3, March 2007 p.195
It is important for practitioners and judges alike to know when, and on what basis, legal proceedings involve the exercise of federal jurisdiction. This article is concerned with the attraction of federal jurisdiction under s75(iii) of the Constitution, on the basis that the Commonwealth, or a person suing or being sued on behalf of the Commonwealth, is a party to the proceedings. The article deals with the meaning of the constitutional expression "the Commonwealth" as the central or national government of Australia and encompassing its "agencies and instrumentalities". The article examines the legislative regime governing Commonwealth authorities and other statutory bodies with a view to showing that those bodies generally are "agencies and instrumentalities" of the Commonwealth and hence are themselves "the Commonwealth" for the purposes of s75(iii). This has the result that litigation by or against such a statutory body involves the exercise of federal jurisdiction under s 75(iii) of the Constitution. Finally, the article considers the meaning of the phrase "person suing or being sued on behalf of the Commonwealth" in s 75(iii) and identifies some situations in which a person may fall within the scope of that phrase notwithstanding that the person is not itself "the Commonwealth".



OBITUARY

Wed, 07 Mar 2007 09:09:35 EST

Volume 81, Number 3, March 2007 p.215