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The latest issue of the The Queensland Lawyer (Volume 37 Part 3) contains the following material:

EDITORIAL – General Editor: Andrew M West

CRIMINAL LAW – Editor: Andrew M West

  • Children and the Presumption of Incapacity – A M West

INDUSTRIAL LAW – Editor: Dr Kristy Richardson

  • The Importance of the Legal Entity: Queensland v Roane-Spray [2017] QCA 245 – Kristy Richardson

Articles

Public Roads in Queensland: Where Statute and the Common Law Intersect – Part 3 – Chris Boge

Parts 1 and 2 of this article, (2017) 37 Qld Lawyer 26 and (2017) 37 Qld Lawyer 80, have considered the uniquely statutory nature of the public road in Queensland through issues relating to its creation, ownership, and control, and private rights exercisable in respect of the road. So far, the article has, in considering those issues, highlighted a concern that the further we move away from the abstract common law idea of a highway, there is a risk that a road simply is an area of land for road purposes, those purposes being determined in large part by statutory road authority decision-makers. In the end, it may become difficult to know what a road really is anymore. This Part 3, the final part of the article, looks at the nature of the public’s use of a road, the concept of the “road in fact”, and the closure of roads. It concludes by suggesting that Queensland may benefit from a single and well-crafted Roads Act.

The Validity of an Unsent Text as a Testamentary Disposition – Kristy Richardson

The advancement of technology into our lives continues at pace. How the law accommodates technological advances and in what areas of the law is often dependent upon the cases required to be considered by the courts. In the case of Re Nichol [2017] QSC 220 the Supreme Court was required to consider the validity of an unsent text (SMS) as a testamentary disposition. The court determined that on the particular facts and circumstances of the case that the unsent text met the statutory requirements of a testamentary disposition.

BOOK REVIEWS – Editor: Judge Michael Shanahan DCJ

  • Australian Charters of Rights A Decade On – Matthew Groves and Colin Campbell review by Lydia Devereaux
  • A History of Australian Legal Education – David Barker review by Hannah McAlister
  • The Campaign Against the Courts: A History of the Judicial Activism Debate – Tanya Josev review by Dimity Parr
  • The Rule of Law and the Australian Constitution – Lisa Burton Crawford review by Michael Potts

REPORTS – Editor: Federal Circuit Court Judge Michael Jarrett

  • R v ZD (Criminal law)

For the PDF version of the table of contents, click here: Qld Lawyer Vol 37 No 3 Contents.

Click here to access this Part on Westlaw AU

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