*Please note that the links to the content in this Part will direct you to Westlaw AU.

To purchase an article, please email: [email protected] or contact us on 1300 304 195 (Australian customers) or +61 2 8587 7980 (international customers) during business hours (Mon-Fri, 8am-6pm AST).

The latest issue of the The Queensland Lawyer (Volume 37 Part 1) contains the following material:

EDITORIAL

COMMERCIAL LAWDr Clive Turner

  • The Liability of an Insurer to Indemnify a Builder for Defective Workmanship: Bigby v Kondra [2017] QSC 37

CONVEYANCING AND PROPERTY LAWDr Bill Dixon

  • A Trip to the Beach: A Matter of Right or Trespass? – Chris Boge

CRIMINAL LAWAndrew M West

  • Murder by Negligence – a Hard Case Makes Bad Law?

INDUSTRIAL LAWDr Kristy Richardson

  • Towards a Harmonised Approach to Penalties: Williamson v VH & MG Imports Pty Ltd (2017) 264 IR 103; [2017] QDC 56

Articles

Public Roads in Queensland: Where Statute and the Common Law Intersect – Part 1 Chris Boge

The public road is the most basic form of public infrastructure. While it can, in one instance, be easily recognised when it is subject to a formed carriageway, in another instance a road may present as a crude track disappearing aimlessly off into the distance. Or it may not even appear to exist to the eye at all. In each case, its legal status essentially is the same, that status being what distinguishes a public road or, as the common law prefers, a highway, from other ways or private roads: it is a thoroughfare over which the public may pass and repass without interference. At common law, public acceptance of a landowner’s offer to dedicate a highway forever meant that the public had its right of passage, but, also that the public henceforth accepted responsibility for the highway’s maintenance – “once a highway, always a highway” is the adage of the common law. Today, while the common law still plays its part, the dedication of land as a road, the road’s use, including for the operation of public utility infrastructure, and a road’s control and maintenance by a road authority, all are matters largely of statute. This has created complexity and some uncertainty around the meaning of “road”. Part 1 of this three-part article explores the legal nature and creation of a public road in Queensland. Part 2 will consider ownership and control of a road, and the granting of private rights in a road. And finally, Part 3 will look at the public’s right to use a road, the notion of the “road in fact”, and closing a road. While the article does not pretend to be an exhaustive treatment of roads in Queensland, it does, in part, try to articulate how the modern road is at risk of losing the internal consistency and policy that the common law of “highway” gave to the law in this area.

BOOK REVIEWSJudge Michael Shanahan DCJ

  • Children and the Law in Australia – Lisa Young, Mary Anne Kenny and Geoffrey Manahan review by Sally Blake
  • Ethics, Professional Responsibility and Legal Practice – Peter MacFarlane and Ysaiah Ross review by Marissa Carroll
  • Indigenous Knowledge Forum Comparative Systems for Recognising and Protecting Indigenous Knowledge and Culture – Natalie P Stoianoff review by Emily MacDonald
  • Effective Legal Writing: A Practical Guide – Nichola Corbett-Jarvis and Brendan Grigg review by Kate Gover

REPORTS Federal Circuit Court Judge Michael Jarrett

  • Gabeen Services Pty Ltd v Neverfail Bottled Water Co Pty Ltd (Procedure)

For the PDF version of the table of contents, click here: Qld Lawyer Vol 37 No 1 Contents.

Click here to access this Part on Westlaw AU

For general queries, please contact: [email protected].