Health and Guardianship Law
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  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.
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  QDC 190.
The latest Part of The Queensland Lawyer includes the following article: “Changes in property transactions: Out with PAMDA, in with e-conveyancing” – Jessica Beckman; and the following sections: Administrative law; Conveyncing and Property law, Criminal law; Health and Guardianship law; and Book reviews. There is also a Report on the the following case: Hickey v Bender  QDC 8.
The latest Part of The Queensland Lawyer includes the following article: “Pleading guilty online in Queensland: Efficiency at the expense of justice” – Mikayla Brier-Mills; and the following sections: Administrative law: Uelese v Minister for Immigration and Border Protection  HCA 15; Commercial law: A bank’s liability for the advice of its financial planner: Westpac Banking Corp v Jamieson  QCA 50; (2015) 294 FLR 48; Conveyancing and Property law: Compensation or consideration for a statutory right of user?; Criminal law: Particulars in workplace health and safety prosecutions; and Alleging previous convictions in the magistrates court; Health and Guardianship law: Children, consent and the refusal of blood: A recent Queensland case; and Industrial law: Fighting at work – Disentitling and serious and wilful misconduct?. Also in this Part is a Report on FCA v Commissioner of Queensland Police Service (Family law and child welfare, Magistrates) and reviews of the following books: The Law of Misleading or Deceptive Conduct – Colin Lockhart; Native Title in Australia – Richard Barlett; Criminal Law in Queensland and Western Australia: Cases and Commentary – Eric Colvin, Justice John McKechnie and Jodie O’Leary; Law of Confidentiality – G E Dal Pont.
The latest Part of The Queensland Lawyer includes the following sections: Conveyancing and Property Law, Criminal Law, Health and Guardianship Law, Industrial Law, and Book Reviews. Also in this Part is the following article: “Major changes to property law in Queensland” – Bill Dixon and Reports for the following cases: Bilic v Nicholls and CPS v CNJ.
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  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  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  QCAT 338” – Dr Malcolm Smith; Industrial Law: “Goldsborough v Bentley  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).
The latest Part of The Queensland Lawyer publishes an article by Dr Bill Dixon analysing the prospects of a successful application under s 180 of the Property Law Act 1974 (Qld), seeking to identify the factors underpinning successful applications, the obstacles that an applicant may encounter and the considerations that have guided the courts when considering the associated issues of compensation and costs. Also in this Part are the following sections: Conveyancing and Property Law: The cost of changing your mind!; Criminal Law: Impermissible submissions on sentence; Health and Guardianship Law: Posthumous conception in South Australia: The case continues in Re H, AE (No 3)  SASC 196; Industrial Law: Racial taunts and bullying and harassment in the workplace; and Tort Law: Hospital’s failure to detain patient was necessary condition of the harm. There is also a Report on the case Moores v Pearce and three book reviews.
The last Part of Volume 33 of The Queensland Lawyer includes an article by Andreas Schloenhardt and Eloise Gluer which explores and outlines the background, evolution, and rationale of the defence of provocation, analyses its application and elements, and discusses the pros and cons of retaining, reforming, or repealing ss 268-270 of the Criminal Code (Qld). Also in this Part are the following sections: Conveyancing and Property Law, Criminal Law, Health and Guardianship Law, Tort Law, Industrial Law, Book reviews and a Report.
The latest Part of The Queensland Lawyer publishes the following articles: “Surrogacy – competing interests or a tangled web?” – Philippa Trowse and “The rule of law: Disparate application in disparate societies” – the Honourable Chief Justice Paul de Jersey AC. Also included are the following sections: Administrative Law; Commercial Law; Conveyancing and Property Law; Criminal Law; Health and Guardianship Law; Industrial Law; Tort Law; Book Review; and Report.
The latest Part of The Queensland Lawyer includes the published version of a speech given by Justice Alan Wilson before the 7th Annual Government Lawyers’ Conference on 31 May 2013 on procedural fairness and modern tribunals. Also in this Part are several section notes, including Conveyancing and Property Law, Criminal Law, Health and Guardianship Law, Industrial Law, Tort Law, Book Reviews and a Report.