The latest Part of The Queensland Lawyer includes the following articles: “The Statutory Life of Caretaking Service Agreements in Body Corporates in Queensland: The Exception to the Freedom of Contract Principle” – Neil Samuel Hope and Dane Bryce Weber; and “The Human Rights Act 2019 – Does It Make Any Difference?” – Andrew West. This Part also includes the following sections: Editorial; Commercial Law: “Casino’s Pursuit of a Gaming Debt in Two Different Forums: Star Entertainment Qld Ltd v Wong [2021] QSC 67”; Conveyancing and Property Law: “When Is Service by Email Effected?”; Criminal Law: “Private Complaints in Relation to Indictable Offences”; Health and Guardianship Law: “The Commencement of Hormone Therapy for Minors with Gender Dysphoria: A Recent Queensland Case”; Industrial Law: “R v Brisbane Auto Recycling Pty Ltd: Industrial Manslaughter under the Work Health and Safety Act (Qld) 201”; and Book Reviews: “The Tuning Cymbal: Selected Papers and Speeches of Robert French”, by R Pascoe – Reviewed by Fiona Maher; “Admiralty Jurisdiction”, by DJ Cremean – Reviewed by Julius Moller; “Proportionality in Australian Constitutional Law”, by Shipra Chordia – Reviewed by Thomas Feeney; and “Treaty”, by George Williams and Harry Hobbs – Reviewed by Sunny van den Berg.
Posted in Journals, Queensland Lawyer, The (Qld Lawyer), Update Summaries | Tagged admiralty jurisdiction, Andrew M West, Andrew West, articles, Book reviews, building manager, caretaking service contractor, Casino’s Pursuit of a Gaming Debt in Two Different Forums: Star Entertainment Qld Ltd v Wong [2021] QSC 67, Commercial Law, Conveyancing and Property Law, criminal law, Dane Bryce Weber, DJ Cremean, Dr Bill Dixon, Dr Clive Turner, Dr Kristy Richardson, Dr Malcolm K Smith, Editorial, Fiona Maher, George Williams, Harry Hobbs, Health and Guardianship Law, Industrial Law, Judge Brian Devereaux SC, Julius Moller, management rights, moral standard for parliamentary legislation, Neil Samuel Hope, new rule of statutory interpretation, Private Complaints in Relation to Indictable Offences, Proportionality in Australian Constitutional Law, public entity decision-making, Qld Lawyer, R Pascoe, R v Brisbane Auto Recycling Pty Ltd: Industrial Manslaughter under the Work Health and Safety Act (Qld) 2011, Shipra Chordia, Sunny van den Berg, The Commencement of Hormone Therapy for Minors with Gender Dysphoria: A Recent Queensland Case, The Human Rights Act 2019 – Does It Make Any Difference?, The Statutory Life of Caretaking Service Agreements in Body Corporates in Queensland: The Exception to the Freedom of Contract Principle, The Tuning Cymbal: Selected Papers and Speeches of Robert French, Thomas Feeney, Treaty, When Is Service by Email Effected? |
The latest Part of The Queensland Lawyer includes the following content: “Tidal Boundaries in Queensland: Theories, Principles, and Some Not So Ordinary Rules” – Dr Chris Boge; “Does Property Held by a Bankrupt on Trust Vest in the Bankrupt’s Trustee in Bankruptcy?” – Bill Dixon; and the following Sections: Editorial; Administrative Law: “Natural Justice and the Bias Rule: CNY17 v Minister for Immigration and Border Protection [2019] HCA 50” – Bill Lane; Commercial Law: “Effect of Payment of Life Insurance Premiums with Stolen Money: Hanson v Goomboorian Transport Pty Ltd [2019] QCA 41” – Clive Turner; Criminal Law: “Witnesses called by the Court” – A M West; Industrial Law: “Glass v Workers’ Compensation Regulator [2020] ICQ 001: The Connection between Injury and Employment” – Kristy Richardson; and Book Reviews.
Posted in Journals, Queensland Lawyer, The (Qld Lawyer), Update Summaries | Tagged administrative law, ambulatory boundary principles, ambulatory tidal boundaries of land, Andrew M West, articles, Authority to Decide: The Law of Jurisdiction in Australia (2nd ed), Bankruptcy Act 1966 (Cth), Bill Dixon, Bill Lane, Book reviews, Child Protection Litigation, Commercial Law, COVID-19 and the Courts, criminal law, crowdfunding, Div 2 of Pt 7 of the Survey and Mapping Infrastructure Act 2003 (Qld), Does Property Held by a Bankrupt on Trust Vest in the Bankrupt’s Trustee in Bankruptcy?, Dr Chris Boge, Dr Clive Turner, Editorial, Effect of Payment of Life Insurance Premiums with Stolen Money: Hanson v Goomboorian Transport Pty Ltd [2019] QCA 41, Eleanor Dickens, Eleanor Sondergeld, Glass v Workers' Compensation Regulator [2020] ICQ 001: The Connection between Injury and Employment, Going Digital in the High Court, Hails Farewells and Congratulations, Industrial Law, Interpreting Executive Power, Janina Boughey, John Tarrant, JRS Forbes, Judge Brian Devereaux SC, Julius Moller, Justice in Tribunals (5th ed), Kira Larwill, Kristy Richardson, Lisa Burton Crawford (eds), Mark Leeming, Matthew Hales, Motor Accident Claim Farming, Natural Justice and the Bias Rule: CNY17 v Minister for Immigration and Border Protection [2019] HCA 50, Protocol for the Bar to Raise Concerns about Judicial Conduct, Qld Lawyer, Rectification of Documents, Robing Update, Tidal Boundaries in Queensland: Theories Principles and Some Not So Ordinary Rules, tidal lands ownership, Witnesses called by the Court |
The latest Part of The Queensland Lawyer includes the following content: “Management Rights Agreements for Body Corporates in Queensland: Must They Expire, or May They Be “Topped Up” Indefinitely?” – Neil Samuel Hope, Dane Bryce Weber and Maija-Ilona Wilhelmiina Pekkanen; “Amendments to the Small Business Capital Gains Concessions” – Francesco Maconi; and the following Sections: Editorial; Commercial Law: “Assessment of Damages for Loss of Use of a Non-profit Earning Chattel on Breach of a Contract for the Sale of Goods: Rider v Pix [2019] QCA 182” – Clive Turner; Conveyancing and Property Law: “Musical Chairs and Good Faith Limitations upon Contractual Notice” – Dr Bill Dixon; Criminal Law: “Climate Mayhem” – A M West; Industrial Law: “Foreseeability of Risk: Deans v Maryborough Christian Education Foundation Ltd” – Kristy Richardson; and Book Reviews.
Posted in Journals, Queensland Lawyer, The (Qld Lawyer) | Tagged A M West, Alex Gardner, Andrew Lynch, Andrew M West, assessment of damages for the buyer's loss of use of a non-profit earning chattel, Aurizon Network Pty Ltd v Glencore Coal Queensland Pty Ltd, Australian Annotated Class Actions Legislation (2nd ed), Australian Anti-discrimination and Equal Opportunity Law (3rd ed), Blackshield and Williams Australian Constitutional Law and Theory: Commentary and Materials (7th ed), Book reviews, caretaking agreements, climate change, Commercial Law, Conveyancing and Property Law, criminal law, Dane Bryce Weber, dangerous attachment devices, Deans v Maryborough Christian Education Foundation Ltd, Dominque Allen, Dr Bill Dixon, Dr Clive Turner, Dr Kristy Richardson, Editorial, foreseeability in the context of a workplace incident, Francesco Maconi, GE Dal Pont, George Williams, good faith limitations upon contractual notice, Holli Edwards, Income Tax Assessment Act 1997, Industrial Law, James Rigby, Janice Gray, Judge Brian Devereaux SC, Laura Kellermeier, Law of Associations, Legal Usage: A Modern Style Guide, Maija-Ilona Wilhelmiina Pekkanen, Management Rights Agreements for Body Corporates, Michael Legg and Ross McInness, Molly Thomas, Neil Rees, Neil Samuel Hope, Peter Butt, Qld Lawyer, Rebecca Nelson, Richard Bartlett, Rider v Pix [2019] QCA 182, Sean Brennan, Sebastian Campbell, seller's breach of an implied term in a contract of sale, Simon Rice, Small Business Capital Gains Concessions, Summary Offences and Other Legislation Amendment Act 2019, Tessa Boardman, Treasury Laws Amendment (Tax Integrity and Other Measures), Water Resources Law (2nd ed) |
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 |
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 |
The latest Part of The Queensland Lawyer includes the following article: “Provisions of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) should be amended to allow the purpose of the Act to be fulfilled” – Glenn Wood JD; “Admission to legal practice in Queensland – cases and processes” – Francesca Bartlett and Linda Haller; and the following sections: Commercial law; Criminal law; Industrial law; and Book reviews. There is also a Report on the the following case: Cunningham v Gapes [2015] QDC 5.
Posted in Journals, Queensland Lawyer, The (Qld Lawyer), Update Summaries | Tagged Andrew Quinn, Andrew West, Archer v Simon Transport Pty Ltd [2015] QDC 263, Bernard Cairns, Book reviews, Commercial Law, criminal law, Cunningham v Gapes [2015] QDC 5, Damien Cremean, Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld), District Court Judge Michael Shanahan DCJ, domestic violence offences, DPSOA, Dr Clive Turner, Dr Kristy Richardson, Editorial, Estate Planning: A Practical Guide for Estate and Financial Service Professionals, Federal Circuit Court Judge Michael Jarrett, Freedom of Information: What You Need to Know, Glenn Wood JD, Industrial Law, Legal Profession Admission Board, Luke Walker, Lupker v Shine Lawyers Pty Ltd [2015] QSC 278, Mary Keyes, Michael John Perkins, Natalia Kamusinski, Nikki Parker, no win no fee, parole, Patrick Nevard, Principles of Civil Procedure in Queensland, Private International Law in Australia, Qld Lawyer, R v Smith [2015] 1 Qd R 323, Reid Mortensen, Report, Richard Garnett, RM Merkin, Robert Monahan, solicitor’s possessory lien, Sutton on Insurance Law, WIB Enright, Work Health and Safety Act 2011 (Qld) |
The latest Part of The Queensland Lawyer includes the following article: “When can a tenancy be terminated under s 129 of the Property Law Act 1974 (Qld)?” – WD Duncan and the following sections: Commercial Law: “The effectiveness of a donee’s signature on a contract of guarantee under a power of attorney in binding the donor to the contract: Nielsen v Capital Finance Australia Ltd [2014] QCA 139” – Dr Clive Turner; Conveyancing and Property Law: “Compensation sought for an improper caveat” – Dr Bill Dixon; and “Black Diamond Group Pty Ltd v Manor of Maluka Pty Ltd [2014] QSC 219” – Adam Khan; Criminal Law: “Aboriginality and deprived backgrounds as factors in sentencing” – AM West; Health and Guardianship Law: “Guardianship and administration application in the matter of MDC [2014] QCAT 338” – Dr Malcolm Smith; Industrial Law: “Goldsborough v Bentley [2014] QSC 141: Direction of the coroner to answer a question relating to the decision not to prosecute” – Dr Kristy Richardson; Book reviews: “Australian Anti-discrimination Law” by Neil Rees, Simon Rice and Dominique Allan – reviewed by Frances Sanders; and “Social Work in the Shadow of Law” by Simon Rice and Andrew Day – reviewed by Jessica Dale; and a Report: Madsen v Pope (Procedure, Equity, Limitation of actions).
Posted in Queensland Lawyer, The (Qld Lawyer), Update Summaries | Tagged Adam Khan, AM West, breach of lease, Commerical Law, compensation, Conveyancing and Property Law, Dr Bill Dixon, Dr Clive Turner, Dr Kristy Richardson, Dr Malcolm Smith, factors in sentencing, Goldsborough v Bentley [2014] QSC 141, Health and Guardianship Law, improper caveat, Industrial Law, Judge Michael Shanahan, Madsen v Pope, Nielsen v Capital Finance Australia Ltd [2014] QCA 139, Property Law Act 1974 (Qld), Qld Lawyer, tenancy, WD Duncan |
The latest Part of The Queensland Lawyer includes the following articles: “Coercion in Crime Commissions and the abrogation of the privilege against self-incrimination” – Dan Rogers; ” “Consequential incongruities” – legal professional privilege and disclosure under the Personal Injuries Proceedings Act 2002″ – Ashley Jones; and “The importance of foetal alcohol spectrum disorder for criminal law in practice: Views of Queensland lawyers” – Heather Douglas, Janet Hammill, Elizabeth Anne Russell and Wayne Hall. Also included in this Part is a range of section notes including Commercial Law, Criminal Law, Industrial Law, Book reviews, Reports and much more.
Posted in Queensland Lawyer, The (Qld Lawyer), Update Summaries | Tagged Amanda Stickley, Andrew West, Ashley Jones, Book reviews, coercion, Commercial Law, Conveyancing and Property Law, Crime Commissions, criminal law, Dan Rogers, Dr Ben White, Dr Bill Dixon, Dr Clive Turner, Dr Kristy Richardson, Elizabeth Anne Russell, Foetal alcohol spectrum disorder, Health and Guardianship Law, Heather Douglas, Industrial Law, Janet Hammill, Judge Michael Shanahan DCJ, legal professional privelege, Lindy Willmott, Personal Injuries Proceedings Act 2002, Qld Lawyer, Reports, self-incrimination, Tort Law, Wayne Hall |
The September 2011 Part of The Queensland Lawyer includes articles and sections on an interesting range of topics, including, but not limited to, the changes made to the objection and appeal process available to landowners, the ethical principles that underpin the need to obtain consent for “do not resuscitate” orders, pre-sentence reports and the commercial surrogacy dilemma.
Posted in Queensland Lawyer, The (Qld Lawyer), Update Summaries | Tagged Andrew West, bail application, Book reviews, Commercial Law, consent, criminal law, DNR orders, Dr Ben White, Dr Clive Turner, Federal Magistrate Michael Jarrett, Health and Guardianship Law, Industrial Law, John Meredith, Judge Michael Shanahan, Kevin Johnson, Kristy Richardson, Land Valuation Act 2010 (Cth), Lindy Wilmott, Practice points, Pre-sentence reports, Robertson v Moran, Sica v Director of Public Prosecutions (Qld), Supreme court, Terry Boyd, testamentary undue influence, trust money, Westpac Banking Corp v Hughes |
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The Queensland Lawyer update: Vol 38 Pt 3
The latest Part of The Queensland Lawyer includes the following content: “Management Rights Agreements for Body Corporates in Queensland: Must They Expire, or May They Be “Topped Up” Indefinitely?” – Neil Samuel Hope, Dane Bryce Weber and Maija-Ilona Wilhelmiina Pekkanen; “Amendments to the Small Business Capital Gains Concessions” – Francesco Maconi; and the following Sections: Editorial; Commercial Law: “Assessment of Damages for Loss of Use of a Non-profit Earning Chattel on Breach of a Contract for the Sale of Goods: Rider v Pix [2019] QCA 182” – Clive Turner; Conveyancing and Property Law: “Musical Chairs and Good Faith Limitations upon Contractual Notice” – Dr Bill Dixon; Criminal Law: “Climate Mayhem” – A M West; Industrial Law: “Foreseeability of Risk: Deans v Maryborough Christian Education Foundation Ltd” – Kristy Richardson; and Book Reviews.