Australian Law Journal (Australia)
Volume 83, Number 1, January 2009
other issues
CURRENT ISSUES — Editor: Mr Justice P W Young AO
Happy New Year
p.7 +cite
Finding the trees, but not appreciating the wood
p.7 +cite
Federalism
p.8 +cite
The sky is falling in
p.8 +cite
Managing courtroom communication
p.9 +cite
Regulation of the legal profession
p.9 +cite
Death of Australia's oldest lawyer
p.10 +cite
Shams and deeds
p.10 +cite
CONVEYANCING AND PROPERTY — Editor: Peter Butt
How extensive is an "all moneys" clause under a mortgage?
p.11 +cite
What is an option to renew?
p.14 +cite
Unencumbered fee simple
p.15 +cite
FAMILY LAW — Editor: Anthony Dickey QC
Is the current law on summary dismissal appropriate for the Family Court?
p.17 +cite
The scope of "instrument" in s 106B
p.17 +cite
Full Court on the interpretation of s 90AE
p.18 +cite
PEOPLE IN THE LAW — Editor: Geoff Lindsay SC
Bar Council elections: 2008 (NSW)
p.20 +cite
Appointment of Senior Counsel (NSW)
p.20 +cite
Justice Robert Macfarlan (NSW)
p.20 +cite
Justice David Porter (Tas)
p.21 +cite
Bar Council office bearers for 2008/2009 (Vic)
p.21 +cite
OVERSEAS LAW — Ross Buckley
Punitive damages and the Exxon Valdez
p.23 +cite
RECENT CASES — Editor: Mr Justice P W Young AO
Torrens system: Severance of joint tenancy
p.27 +cite
Churches: Rating
p.27 +cite
Trust deed: No challenge clauses
p.27 +cite
Partnership: Opportunity arising after dissolution
p.28 +cite
Who is a convicted prisoner?
p.28 +cite
Bailment: Photocopiers in shops for customer use
p.29 +cite
Proprietary estoppel: Developer prejudiced by owner reneging
p.29 +cite
ARTICLES
IS LEGAL HISTORY NOW ANCIENT HISTORY?
Justice Michael Kirby, AC CMG
p.31 +cite
Until 40 years ago legal history was a core subject of all Australian law schools and treated as essential for the preparation of a professional lawyer. Suddenly this changed. In only two or three of Australia's 31 law schools is the separate study of legal history now compulsory. A similar change has happened in the United States but not in Canada. Criticism of the way the discipline was formerly taught and its neglect of the Australian dimension are acknowledged. The author asks whether the change matters and recounts the arguments suggesting that it does not. He then explains why it does matter and especially in understanding of the fundamental features of constitutional and public law. He refers to recent cases and concludes that a revamped, new and shorter course of legal history should be restored in Australia. In an age of infotainment and collective ignorance about the past, Australian lawyers need to remember the aphorism that those who do not learn their history are bound to repeat its mistakes.
CROSS-BORDER INSOLVENCY: CO-OPERATION OR CONFLICT?
Hon J J Spigelman, AC
p.44 +cite
Globalisation has increased the significance of cross border insolvency issues requiring co-operation between judiciaries in different jurisdictions. Adoption by Australia of the UNCITRAL Model Law establishes a framework for such co-operation. As few nations in Asia have adopted the Model Law, additional measures are required.
EARLY INTERACTIONS BETWEEN INDIGENOUS PEOPLE AND SETTLERS IN AUSTRALIA'S FIRST CRIMINAL COURT
Brent Salter
p.56 +cite
Amongst the thousands of cases that were tried in the New South Wales Court of Criminal Jurisdiction between 1788-1824, Australia's first criminal court, only a handful involved settler-indigenous violence. In this article the author argues that in the few instances such matters were tried, a settler authority clearly prevailed. The treatment of indigenous people "within" the colonial courts was often disguised behind the legitimacy of a framework of rudimentary prisoner defences (in particular self-defence and provocation) and restrictions on the admissibility of Aboriginal testimonies.
OBITUARY
Dennis John Rose AM, QC
p.63 +cite