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The latest issue of the The Queensland Lawyer (Volume 35 Part 4) contains the following material:

EDITORIALAndrew West

COMMERCIAL LAWDr Clive Turner

  • The limitations of a solicitor’s possessory lien on termination of a “no win no fee” retainer by a client: Lupker v Shine Lawyers Pty Ltd [2015] QSC 278

CRIMINAL LAWAndrew West

  • Parole – The Myth of Smith
  • Recording domestic violence offences

INDUSTRIAL LAWDr Kristy Richardson

  • Complaint particulars under the Work Health and Safety Act 2011: Archer v Simon Transport Pty Ltd [2015] QDC 263

Articles

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

The purpose of this article is to identify some of the practical problems associated with the implementation of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) (DPSOA). One of the major areas of concern is that the time the released prisoner spends in custody, following a breach of a supervision order, is not added onto the prisoner’s period of supervision. In that regard, the prisoner is effectively missing out on valuable rehabilitation. The Act was designed to protect the community from dangerous sexual offenders and to offer those offenders a system of rehabilitation, following their release from prison. Although the High Court has held that the DPSOA is constitutionally valid, the author believes that the legislation is difficult to implement in its current form, and redrafting specific sections will make the legislation work more effectively.

To purchase this article, complete the Individual Article Sale order form and email it to [email protected].

Admission to legal practice in Queensland – cases and processes Francesca Bartlett and Linda Haller

The article examines the Queensland case law and administrative processes of administering the “character test” in applications for admission to legal practice. The article reports on the views of the Secretary and the Chair of Legal Profession Admission Board. These insiders provide unique perspectives on how the admission system really works. In New South Wales and Victoria there is a very new regime governing lawyers under the Uniform Law. It is therefore timely to consider whether anything has changed in relation to admission in those States. The article compares the Queensland admission regime which has remained the same since 2004 to those in New South Wales and Victoria in respect to suitability considerations. The authors find that there are many similarities across jurisdictions, but also point to some notable differences in how authorities approach the collection and evaluation of evidence about applicant suitability. The authors evaluate the respective strengths and weaknesses of these systems.

To purchase this article, complete the Individual Article Sale order form and email it to [email protected].

BOOK REVIEWSDistrict Court Judge Michael Shanahan DCJ

  • Estate Planning: A Practical Guide for Estate and Financial Service Professionals – Michael John Perkins and Robert Monahan – Review by Natalia Kamusinski
  • Freedom of Information: What You Need to Know – Damien Cremean – Review by Nikki Parker
  • Principles of Civil Procedure in Queensland – Bernard Cairns – Review by Luke Walker
  • Sutton on Insurance Law – WIB Enright and RM Merkin – Review by Patrick Nevard
  • Private International Law in Australia – Reid Mortensen, Richard Garnett and Mary Keyes – Review by Andrew Quinn

REPORTFederal Circuit Court Judge Michael Jarrett

  • Cunningham v Gapes (Bankruptcy, Procedure)

For the PDF version of the table of contents, click here: Qld Lawyer Vol 35 No 4 Contents.

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