criminal law

The Queensland Lawyer update: Vol 38 Pt 2

By Journal Alerts on July 23, 2019

The latest Part of The Queensland Lawyer includes the following content: “Cyberbullying and Employment Law: How and Why Lawyers Advising School Principals and Teachers Should Take the Initiative Now” – Louise Floyd; “Is Time on Your Side? Applications under s 31 of the Limitation of Actions Act 1974 (Qld)” – Elizabeth Gaffney; “On International Wills in Australia: An Unused Tool in the Estate Planning Arsenal” – Francesco Maconi; and the following Sections: Editorial: “The Human Rights Act 2019” – Andrew M West; Commercial Law: “Construction of a Provision to Act in ‘Utmost Good Faith’ in a Commercial Contract: Sentinel Robina Office Pty Ltd v Clarence Property Corp Pty Ltd [2018] QCA 314” – Clive Turner; Conveyancing and Property Law: “Tripple A Pty Ltd v WIN Television Qld Pty Ltd [2018] QCA 246” – Dominic Fawcett; and Criminal Law: “Managing Prisoners’ Estates” – A M West. There is also a Report on the the following cases: Critchley v Schlumberger Oilfield Australia Pty Ltd; and Hong Minh Nguyen (t/a Mobile PC Doctor) v Sensis Pty Ltd.

Posted in Journals, Queensland Lawyer, The (Qld Lawyer), Update Summaries | Tagged 2018 Queensland Government Report into Cyberbullying, acting in "utmost good faith" in a commercial contract, Andrew M West, Commercial Law, Conveyancing and Property Law, criminal law, Critchley v Schlumberger Oilfield Australia Pty Ltd, Dominic Fawcett, Dr Bill Dixon, Dr Clive Turner, Editorial, Elizabeth Gaffney, Federal Circuit Court Judge Michael Jarrett, Francesco Maconi, Hong Minh Nguyen (t/a Mobile PC Doctor) v Sensis Pty Ltd, international will sin Australia, managing prisoners' estates, parents bullying principals and teachers, Qld Lawyer, Reports, s 31 of the Limitation of Actions Act 1974 (Qld), Sentinel Robina Office Pty Ltd v Clarence Property Corp Pty Ltd [2018] QCA 314, The Human Rights Act 2019, Tripple A Pty Ltd v WIN Television Qld Pty Ltd [2018] QCA 246, UNIDROIT Convention, Uniform Law in Australia, upstream bullying, Washington Convention | Leave a response

The Queensland Lawyer update: Vol 38 Pt 1

By Journal Alerts on November 26, 2018

The latest Part of The Queensland Lawyer includes the following content: “Priority Notices In, Settlement Notices Out” – William Dixon; “Of Mantraps and Spring Guns: Section 327 of the Criminal Code (Qld) in the 21st Century” – Xavier Goffinet, Harriet Lomas, James Meehan, Alexander Moore and Andreas Schloenhardt; and the following Sections: Criminal Law: “Re-Opening A Guilty Plea” – A M West; Industrial Law: “Breach of Duty of Care: Failure to Establish a Safe System of Work” – Dr Kristy Richardson; and Book Reviews. There is also a Report on the the following case: Johnston v Safaris CC.

Posted in Journals, Queensland Lawyer, The (Qld Lawyer), Update Summaries | Tagged Advocacy and Judging: Selected Papers of Murray Gleeson, Alexander Moore, Andreas Schloenhardt, Andrew West, Arie Freiberg, Book reviews, Brydie Bilic, criminal law, Daniel Reynolds, Dr Kristy Richardson, Editorial, Federal Circuit Court Judge Michael Jarrett, Gabriella Smith, Georgina Morgan, Harriet Lomas, Hugh Dillon, Industrial Law, James Meehan, Janina Boughey, Jessie Pomare, Johnston v Safaris CC, Judge Michael Shanahan DCJ, Leading Cases in Contract Law, Lisa Burton Crawford, Lyndon Goddard, mantraps and spring guns, Maria O’Sullivan, Melissa Castan, Pt 7A of the Land Title Act 1994 (Qld), Public Law and Statutory Interpretation, Qld Lawyer, Queensland Titles Registry, Regulation in Australia, Reports, Section 327 of the Criminal Code (Qld), settlement notices out, William Dixon, Xavier Goffinet | Leave a response

The Queensland Lawyer update: Vol 37 Pt 3

By Journal Alerts on May 18, 2018

The latest Part of The Queensland Lawyer includes the following content: “Public Roads in Queensland: Where Statute and the Common Law Intersect – Part 3” – Chris Boge; “The Validity of an Unsent Text as a Testamentary Disposition” – Kristy Richardson; and the following Sections: Criminal Law: “Children and the Presumption of Incapacity” – A M West; Industrial Law: “The Importance of the Legal Entity: Queensland v Roane-Spray [2017] QCA 245” – Dr Kristy Richardson; and Book Reviews. There is also a Report on the the following case: GR v ZD (Criminal law).

Posted in Journals, Queensland Lawyer, The (Qld Lawyer), Update Summaries | Tagged "road in fact", (2017) 37 Qld Lawyer 26, (2017) 37 Qld Lawyer 80, A History of Australian Legal Education, A M West, Andrew M West, Australian Charters of Rights A Decade On, book review, Children and the Presumption of Incapacity, Chris Boge, closure of roads, Colin Campbell, criminal law, David Barker, Dimity Parr, Dr Kristy Richardson, Editorial, Federal Circuit Court Judge Michael Jarrett, Hannah McAlister, Industrial Law, Judge Michael Shanahan DCJ, Kristy Richardson, Lisa Burton Crawford, Lydia Devereaux, Matthew Groves, Michael Potts, public's use of a road, Qld Lawyer, Queensland public roads, Queensland v Roane-Spray [2017] QCA 245, R v ZD (Criminal law), Re Nichol [2017] QSC 220, Reports, Roads Act, Tanya Josev, The Campaign Against the Courts: A History of the Judicial Activism Debate, The Rule of Law and the Australian Constitution, validity of unsent SMS as testamentary disposition | Leave a response

The Queensland Lawyer update: Vol 37 Pt 2

By Journal Alerts on November 23, 2017

The latest Part of The Queensland Lawyer includes the following content: “Public Roads in Queensland: Where Statute and the Common Law Intersect – Part 2” – Chris Boge; and the following Sections: Conveyancing and Property Law: “Body Corporate Caretaker Disputes” – Gavin Handran and Maxwell Walker; Criminal Law: “Covert Frustration of the Right to Silence” – Andrew West; Industrial Law: “Workplace Health and Safety v Z Group Pty Ltd [2017] QMC 12” – Dr Kristy Richardson; and Book Reviews. There is also a Report on the the following case: Glasson v Toll Holdings Ltd (Procedure, Workers’ Compensation).

Posted in Journals, Queensland Lawyer, The (Qld Lawyer), Update Summaries | Tagged Alan Wrigley, AM West, Andrew Splatt, Andrew West, Australian Dispute Resolution: Law and Practice (1st ed), body corporate caretaker disputes, book review, Conveyancing and Property Law, corporate governance, covert frustration of the right to silence, creation of private rights, criminal law, Dr Bill Dixon, Dr Kristy Richardson, Editorial, Federal Circuit Court Judge Michael Jarrett, Gavin Handran, Glasson v Toll Holdings Ltd, Industrial Law, John Farrar, Judge Michael Shanahan DCJ, Laurence Boulle, Marco Pedretti, Maxwell Walker, ownership and control of land in a road, Pamela Hanrahan, procedure, Qld Lawyer, Queensland public roads, Rachel Field, Stephen Walmsley, The Trials of Justice Murphy, workers compensation, Workplace Health and Safety v Z Group Pty Ltd [2017] QMC 12 | Leave a response

The Queensland Lawyer update: Vol 37 Pt 1

By Journal Alerts on August 4, 2017

The latest Part of The Queensland Lawyer includes the following content: “Public Roads in Queensland: Where Statute and the Common Law Intersect – Part 1” – Chris Boge; and the following Sections: Commercial Law: “The Liability of an Insurer to Indemnify a Builder for Defective Workmanship: Bigby v Kondra [2017] QSC 37” – Dr Clive Turner; Conveyancing and Property Law: “A Trip to the Beach: A Matter of Right or Trespass?” – Chris Boge; Criminal Law: “Murder by Negligence – a Hard Case Makes Bad Law?” – Andrew M West; Industrial Law: “Towards a Harmonised Approach to Penalties: Williamson v VH & MG Imports Pty Ltd (2017) 264 IR 103; [2017] QDC 56” – Dr Kristy Richardson; and Book Reviews. There is also a Report on the the following case: Gabeen Services Pty Ltd v Neverfail Bottled Water Co Pty Ltd [2015] QDC 212.

Posted in Journals, Queensland Lawyer, The (Qld Lawyer), Update Summaries | Tagged Andrew M West, Bigby v Kondra [2017] QSC 37, Book reviews, Brendan Grigg, builder indemnity insurance, Children and the Law in Australia, Chris Boge, Commercial Law, Conveyancing and Property Law, criminal law, defective workmanship, Dr Bill Dixon, Dr Clive Turner, Dr Kristy Richardson, Editorial, Effective Legal Writing: A Practical Guide, Emily MacDonald, Ethics Professional Responsibility and Legal Practice, Federal Circuit Court Judge Michael Jarrett, foreshore access rights, Gabeen Services Pty Ltd v Neverfail Bottled Water Co Pty Ltd [2015] QDC 212, Geoffrey Manahan, Indigenous Knowledge Forum Comparative Systems for Recognising and Protecting Indigenous Knowledge and Culture, Industrial Law, Judge Michael Shanahan DCJ, Kate Gover, Lisa Young, Marissa Carroll, Mary Anne Kenny, murder by negligence, Natalie P Stoianoff, Nichola Corbett-Jarvis, penalties, Peter MacFarlane, public roads, Qld Lawyer, Reports, Sally Blake, Williamson v VH & MG Imports Pty Ltd (2017) 264 IR 103; [2017] QDC 56, Ysaiah Ross | Leave a response

Australian Law Journal update: Vol 91 Pt 7

By Journal Alerts on August 2, 2017

The latest Part of the Australian Law Journal contains speeches presented at the ALJ’s 90th Anniversary celebrations in the Banco Court of the NSW Supreme Court; a welcome to the co-editors of the “Conveyancing and Property Section” upon the retirement of Emeritus Professor Peter Butt; and a look back at the beginnings of the Journal, as covered by the press and media outlets of the day, in a fascinating piece by the Hon Justice Reginald Barrett. This Part contains the following articles: “The in personam exception to Torrens indefeasibility” – Hon William Gummow AC; “Artificial Intelligence in the courts, legal academia and legal practice” – Lyria Bennett Moses; “Taking advantage of advances in technology to enhance the rule of law” – Robert Size. It also includes the following sections: Current Issues; Letters to the Editor; Conveyancing and Property; International Focus; Competition and Consumer Law; Recent Cases; Book Reviews and Obituary.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged 90th anniversary, ALJ, Andrew Lynch, Angelina Gomez, artificial intelligence, Aubrey v The Queen (2017) 91 ALJR 601; [2017] HCA 18, Australia’s Greatest Judicial Crisis: The Tim Carmody Affair, Australian Competition and Consumer Commission, Australian Law Journal 90th Anniversary Celebration in Banco Court NSW, banking, beneficial statutes, Book reviews, Brendan Edgeworth, Carl Olson, competition and consumer law, Conveyancing and property, criminal law, Current issues, data analytic tools, easements, electronic litigation platforms, expert systems, Gabrielle Appleby, Greater Shepparton City Council v Clarke [2017] VSCA 107, Hon William Gummow AC, human trafficking, in personam exception, International focus, Jacob Agam v BNP Paribas SA [2017] SGCA(I) 01, Judge C G Weeramantry AM, Justice François Kunc, legislative power over land, Letters to the Editor, Lyria Bennett Moses, media press coverage of the ALJ, National Action Plan to Combat Human Trafficking and Slavery 2015-2019, negligence, new Conveyancing and Property section editors, Obituary, online learning, online resources, Peter Butt, Professor Megan Davis, R Debus, Rebecca Ananian-Welsh, Recent cases, Robert Angyal SC, Robert Baxt AO, Robert Size, Ruth C A Higgins, Ryszard Piotrowicz, Senator the Hon George Brandis QC, Supreme Court of New South Wales Annual Conference 2016, technological advances, Torrens indefeasibility, trafficking in human beings (THB), Uluru Statement from the Heart, UN Security Council | Leave a response

The Queensland Lawyer update: Vol 36 Pt 4

By Journal Alerts on March 31, 2017

The latest Part of The Queensland Lawyer includes the following content: “Criminal Liability for Deaths in the Workplace: A Case against ‘Industrial Manslaughter’ in Queensland” – Brendan Walker-Munro; and the following Sections: Conveyancing and Property Law; Criminal Law; Health and Guardianship Law; and Industrial Law. There is also a Report on the the following case: Szucs v Queensland Police Service [2015] QDC 190.

Posted in Journals, Queensland Lawyer, The (Qld Lawyer), Update Summaries | Tagged Andrew West, best interests of the child, Brendan Walker-Munro, caveats, circumstances of aggravation, Conveyancing and Property Law, criminal law, criminal liability, Director Clinical Services Child and Adolescent Health Services v Kiszko (2016) 312 FLR 319; [2016] FCWA 75, Dr Bill Dixon, Dr Kristy Richardson, Dr Malcolm Smith, Editorial, Health and Guardianship Law, Industrial Law, industrial manslaughter, Judge Michael Jarrett, parental refusal of treatment, Pere v Central Queensland Hospital and Health Service [2017] QDC 2, Qld Lawyer, Szucs v Queensland Police Service [2015] QDC 190, Work Health and Safety Act 2011 (Qld), workplace assault, workplace death | Leave a response

The Queensland Lawyer update: Vol 36 Pt 3

By Journal Alerts on January 12, 2017

The latest Part of The Queensland Lawyer includes the following content: “‘Hogan Orders’: Interim property settlement for litigation funding” – Justin Thomas; and the following Sections: Conveyancing and Property law; Criminal law; Industrial Law; and Book Reviews. There is also a Report on the the following case: Sutton v Tang [2015] QDC 191.

Posted in Journals, Queensland Lawyer, The (Qld Lawyer), Update Summaries | Tagged "Hogan orders", agreement for lease, Andrew West, Archer v Simon Transport Pty Ltd [2016] QCA 168, Australian Anti-Discrimination Law (2nd ed), Book reviews, case report, Conveyancing and Property Law, criminal law, David Rolph, Defamation Law, Dominique Allen, Dr Bill Dixon, Dr Kristy Richardson, Elinor Buys, Federal Circuit Court Judge Michael Jarrett, In the Marriage of Hogan (1986) 10 Fam LR 681, Industrial Law, interim property settlement, Judge Michael Jarrett, Judge Michael Shanahan DCJ, Justin Thomas, Land Contracts in Queensland (4th ed), litigation funding, Marissa Carroll, Neil Rees, OXS Pty Ltd v Sydney Harbour Foreshore Authority [2016] NSWCA 120, particulars of offence, Qld Lawyer, R v Baden-Clay (2016) 90 ALJR 1013; [2016] HCA 35, Sarah Kingston, Sentencing Advisory Council, sentencing ranges, Sharon Christensen, Simon Rice, Stephen Jones, Sutton v Tang [2015] QDC 191, William Dixon, William Duncan, William Siganto | Leave a response

Presumption of Innocence and Wrongful Conviction in Australia

By Shannon Kelly on October 18, 2016

The presumption of innocence is as old as law itself. When Lord Blackstone postulated that it is “better that ten guilty persons escape than that one innocent suffer”, his Lordship was drawing on a long and distinguished line of legal jurisprudence including Genesis, the Code of Hammurabi and the Codex Justinianus. To protect against wrongful convictions, the criminal ...more

Posted in Criminal Law Journal (Crim LJ), Journals, News & Insight | Tagged Anthony Gray, Benjamin Tomasi, Chief Justice Robert French, Crim LJ, criminal law, Current issues, High Court, Hon Justice Susan Kiefel AC, human rights, Mark Finnane, Recent cases, Sir William Henry Bundey | Leave a response

The Queensland Lawyer update: Vol 36 Pt 2

By Journal Alerts on September 14, 2016

The latest Part of The Queensland Lawyer includes the following content: “Farewell Speech” – Judge Sarah Bradley; and the following sections: Commercial law; Conveyancing and Property law; Criminal law; and Book reviews. There are also Reports on the the following cases: Schmidt-Weichert v White [2015] QDC 14; Richardson v Queensland [2015] QDC 30.

Posted in Journals, Queensland Lawyer, The (Qld Lawyer), Update Summaries | Tagged A Hemming, A M West, Alexander Sloan, Book reviews, car park easement, Clive Turner, Coles v Dormer (No 2) [2016] QSC 28, Coles v Dormer [2015] QSC 224, Commercial Law, Conveyancing and Property Law, Corporate Information and the Law (2nd ed), court security, criminal law, criminal procedure, Daniel Roe, farewell speech, house plans, Hugh Hadgraft, infringement of copyright, J Coggins, John Levingston, Judge Sarah Bradley, K Braun, Kris Byrne, Leif Gamertsfelder, Michael O’Brien, Natasha Purvis, P Evans, Peter Sutherland, Qld Lawyer, Report, Richardson v Queensland [2015] QDC 30, Robin Creyke, Schmidt-Weichert v White [2015] QDC 14, T Davie, T Earls, test for dishonesty, The Law of Tribunals – Annotated Civil and Administrative Tribunal Act 2013, Understanding Construction Law, Veterans’ Entitlements and Military Compensation Law (3rd ed) | Leave a response

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