Tort Law

Australian Law Journal update: Vol 94 Pt 8

By Journal Alerts on September 17, 2020

The latest Part of the Australian Law Journal contains the following articles: “Sir Leo Finn Bernard Cussen: The Centenary of a High Court Tragedy – Part 2” – Paulina Fishman; “The Evolution from Strict Liability to Negligence: When And Why? – Part 1” – Anthony Gray; and “The Land and Environment Court of New South Wales: A Very Short History of an Environmental Court in Action” – Hon Justice Brian J Preston. This Part also includes the following sections: Current Issues; Admiralty and Maritime; Around the Nation: Western Australia; Class Actions; and Book Reviews.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged "act at peril" philosophy, 40 Years of the NSW Land and Environment Court, A Constitutional Centenary, administrative tribunal, Admiralty and Maritime, Admiralty Jurisdiction Reform in India, ALJ, Angelina Gomez, Another Perspective on Legal Life during the Pandemic, Anthony Gray, Around the Nation: Western Australia, articles, Book reviews, class actions, common law, Current issues, Dr Damien J Cremean, fault-based liability, Hon Justice Brian J Preston, Jeffrey Barnes, John Eldridge, Justice François Kunc, Justice Kenneth Martin, Justice Michael B J Lee, Keith Mason, liability lies where it falls, Limitations on the Scope of a Court's Power to Make Any Order it thinks appropriate under s 33ZF or s 183: The High Court's Decision in the Brewster and Lenthall Cases, Paulina Fishman, Pivoting in a Pandemic: A New Clerk’s Insights, Sexual Harassment and the Judiciary, Sir Frederick Jordan: Fire under the Frost, Sir Leo Finn Bernard Cussen: The Centenary of a High Court Tragedy – Part 2, Sir Owen Dixon's Legacy, specialist environmental court, strict liability, superior court of record, The Coherence of Statutory Interpretation, The Curated Page, The Evolution from Strict Liability to Negligence: When And Why? – Part 1, The Land and Environment Court of New South Wales: A Very Short History of an Environmental Court in Action, Timothy Pilkington, Tort Law, tort of private nuisance, tort of strict liability, Western Australia v Harvey [2019] WASC 261 | Leave a response

The Queensland Lawyer update: March 2014

By journals team on May 5, 2014

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) [2013] 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.

Posted in Queensland Lawyer, The (Qld Lawyer), Update Summaries | Tagged Amanda Stickley, Andrew West, Bill Dixon, Book reviews, bullying, Conveyancing and Property Law, criminal law, Dr Kristy Richardson, Dr Malcom Smith, Dr Rosemary Robins, failure to detain patient, Federal Circuit Court Judge Michael Jarrett, harassment, harm, Health and Guardianship Law, hospital, Industrial Law, James Penrose, Jason Dudley, Judge Michael Shanahan DCJ, litigation, Moores v Pearce, posthumous conception, Property Law Act 1974 (Qld), Qld Lawyer, racial taunts, Re H AE (No 3) [2013] SASC 196, Reports, right of use, Tort Law, workplace | Leave a response

The Queensland Lawyer update: November 2013

By journals team on November 11, 2013

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.

Posted in Queensland Lawyer, The (Qld Lawyer), Update Summaries | Tagged Amanda Stickley, Andreas Schloenhardt, Andrew West, assault, Book reviews, Conveyancing and Property Law, Criminal Code (Qld), criminal jurisdiction, criminal law, DHG v Queensland [2013] QSC 89, Dr Bill Dixon, Dr Kristy Richardson, Dr Malcolm K Smith, duty of care, Eloise Gluer, Federal Circuit Court Judge Michael Jarrett, Health and Guardianship Law, Industrial Law, misleading and deceptive conduct, Peebles v Cross, provocation, Qld Lawyer, record of no conviction, Report, Tort Law | Leave a response

The Queensland Lawyer update: September 2013

By journals team on October 10, 2013

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.

Posted in Queensland Lawyer, The (Qld Lawyer), Update Summaries | Tagged administrative law, application, book review, Commercial Law, competing interests, Conveyancing and Property Law, criminal law, Health and Guardianship Law, Industrial Law, Philippa Trowse, Qld Lawyer, Report, rule of law, surrogacy, the Honourable Chief Justice Paul de Jersey AC, Tort Law | Leave a response

The Queensland Lawyer update: June 2013

By journals team on August 20, 2013

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.

Posted in Queensland Lawyer, The (Qld Lawyer), Update Summaries | Tagged Amanda Stickley, Andrew West, Book reviews, causation, Conveyancing and Property Law, criminal law, Dr Bill Dixon, duty of care, Federal Magistrate Michael Jarrett, finance, Health and Guardianship Law, Industrial Law, Justice Alan Wilson, landlord, Malcolm K Smith, medical negligence, modern tribunals, procedural fairness, Qld Lawyer, Report, sentencing, Southwell v Jackson, Tort Law, unsafe premises, workplace health and safety | Leave a response

The Queensland Lawyer update: November 2012

By journals team on November 23, 2012

The latest Part of The Queensland Lawyer includes the following articles: “Enduring powers of attorney: An effective advanced planning tool or an avenue for financial abuse” – Tsharna Stewart; “Queensland’s single expert UCPR provisions: Dead-letter law or underutilised opportunity?” – Keith W Wylie; and “Coal seam gas development, environmental legislation and power: Towards a pathway for conflict resolution and environmental justice” – Dr Edward Christie. Also included in this Part are several section notes, such as Industrial Law, Criminal Law, Tort Law, Book Reviews, Reports and much more.

Posted in Queensland Lawyer, The (Qld Lawyer), Update Summaries | Tagged administrative law, Book reviews, coal seam gas, Conveyancing and Property Law, criminal law, Dr Edward Christie, environmental legislation, financial abuse, Industrial Law, Keith W Wylie, powers of attorney, Qld Lawyer, Reports, single expert, Tort Law, Tsharna Stewart, UCPR provisions | Leave a response

The Queensland Lawyer update: September 2012

By journals team on September 3, 2012

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 | Leave a response

The Queensland Lawyer update: June 2012

By journals team on June 15, 2012

The second Part of Volume 32 of The Queensland Lawyer publishes an article by Dr Bill Dixon which examines the recently introduced Neighbourhood Disputes Resolution Act 2011 (Qld) with particular focus on the interrelationship of the disclosure obligations imposed by the Act with the operation of standard contractual warranties in Queensland. Also included in this Part are several section notes, including Conveyancing and property law, Health and guardianship law, Tort law, Book reviews, Reports and much more.

Posted in Queensland Lawyer, The (Qld Lawyer), Update Summaries | Tagged Amanda Stickley, Andrew West, Book reviews, Conveyancing and Property Law, criminal law, disclosure, Dr Ben White, Dr Bill Dixon, Dr Kristy Richardson, Federal Magistrate Michael Jarrett, Health and Guardianship Law, Industrial Law, Judge Michael Shanahan, Lindy Willmott, Neighbourhood Disputes Resolution Act 2011 (Qld), Qld Lawyer, Reports, Tort Law | Leave a response

The Queensland Lawyer update: March 2012

By journals team on March 8, 2012

The first Part of Volume 32 of The Queensland Lawyer includes an article on recently made proposals for law reform on jury directions and jury selection by the Queensland Law Reform Commission and sections covering a diverse range of topics including Commonwealth criminal matters in the Magistrates Courts, long term exposure to asbestos, jurisdictional error, reform of guardianship laws, plus much more.

Posted in Queensland Lawyer, The (Qld Lawyer), Update Summaries | Tagged Amanda Stickley, Andrew West, Book reviews, Conveyancing and Property Law, criminal law, Dr Ben White, Dr Bill Dixon, Dr Kristy Richardson, fair trial, Federal Magistrate Michael Jarrett, Health and Guardianship Law, Industrial Law, Judge Michael Shanahan, jury directions, jury selection, Paula Rogers, Reports, Tort Law | Leave a response

The Queensland Lawyer update: November 2011

By journals team on November 28, 2011

The final Part for 2011 of The Queensland Lawyer includes articles on the practical impact of the Retail Shop Leases Act 1994 (Qld) and pool safety in Queensland. There are also several section notes on a wide variety of subjects, including Administrative Law, Conveyancing and Property Law, Criminal Law, Industrial Law and Tort Law. There is also a book review and two reports.

Posted in Queensland Lawyer, The (Qld Lawyer), Update Summaries | Tagged administrative law, Amanda Stickley, Andrew West, Bill Dixon, Bill Lane, book review, Brady v Woolworths Ltd, Conveyancing and property, Courtney Erin Watson Burgess, criminal law, damages, defects, Dr Kristy Richardson, efficiency, Eleanor Dickens, equity, Industrial Law, justice, Kirk v Industrial Relations Commission (NSW), pool safety, Property Law Act 1974 (Qld), Qld Lawyer, Queensland, Queensland Police Service v Tobane, reluctant buyer, Reports, Retail Shop Leases Act 1994 (Qld), State-owned corporations, Tort Law, witnesses | Leave a response

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