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The latest issue of the The Queensland Lawyer (Volume 39 Part 1) contains the following material:

EDITORIALGeneral Editor: Andrew M West

COMMERCIAL LAWEditor: Dr Clive Turner

  • Casino’s Pursuit of a Gaming Debt in Two Different Forums: Star Entertainment Qld Ltd v Wong [2021] QSC 67

CONVEYANCING AND PROPERTY LAWEditor: Dr Bill Dixon

  • When Is Service by Email Effected?

CRIMINAL LAWEditor: Andrew West, BCom, LLM (Adv)

  • Private Complaints in Relation to Indictable Offences

HEALTH AND GUARDIANSHIP LAW – Editor: Dr Malcolm K Smith, LLB (Hons), LLM, PhD

  • The Commencement of Hormone Therapy for Minors with Gender Dysphoria: A Recent Queensland Case

INDUSTRIAL LAW – Editor: Dr Kristy Richardson

  • R v Brisbane Auto Recycling Pty Ltd: Industrial Manslaughter under the Work Health and Safety Act (Qld) 2011

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

In many Body Corporates in Queensland a caretaking service contractor, colloquially called a building manager, generates income from performing services for a body corporate and conducting a letting agent’s business, at the complex. Naturally, a caretaker would wish to preserve the value of its asset by having the benefit of an agreement for as long a term as possible. However, in practice, these agreements are often extended beyond their statutory term limit. This article maintains that the relevant statutory regime provides that management rights may not be extended indefinitely, notwithstanding such agreement by the parties. The management rights industry in Queensland is a multi-billion-dollar industry. Bearing in mind the principles that all persons are taken to know the law and that the law will not protect persons from their own folly, the article concludes with a discussion of the significant consequences of these agreements being void and consequent implications for stakeholders.

The Human Rights Act 2019 Does It Make Any Difference? – Andrew West

Queensland has introduced its Human Rights Act 2019 (Qld). In this article the author outlines the highly aspirational provisions of the Act and concludes that while it enacts a new rule of statutory interpretation and sets a moral standard for parliamentary legislation and public entity decision-making, it is largely a toothless and clawless tiger when it comes to vindicating the rights of any given individual.

BOOK REVIEWSEditor: Judge Brian Devereaux SC

  • 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
  • Treaty by George Williams and Harry Hobbs Reviewed by Sunny van den Berg

For the PDF version of the table of contents, click here: Qld Lawyer Vol 39 No 1 Contents.

Click here to access this Part on Westlaw AU

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