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The latest issue of The Queensland Lawyer (Volume 39 Part 4) contains the following material:

EDITORIAL – Editor: Andrew West

  • Youth Detention
  • Begging in a Public Place
  • Pronunciation and Pronouns
  • Supreme Court Practice Directions
  • Hails, Farewells, Felicitations and Lamentations

COMMERCIAL LAW – Editor: Dr Clive Turner

  • An Insurer’s Right to Resile from a Representation to Pay an Insured’s Claim:
  • Allianz Australia Insurance Ltd v Delor Vue Apartments CTS 39788

CRIMINAL LAW – Editor: Andrew West

  • Particulars and Circumstances of Aggravation

Articles

Limited Liability and Risk Dilution: Assessing the Benefits and Drawbacks for Companies and Business Owners – Arieh Herszberg

Limited liability is a fundamental concept in business, enabling individuals to conduct commercial activities without being personally liable for the debts and obligations of the company. This commentary briefly explores the development of limited liability, including its economic and social implications. It also examines the legal and regulatory framework that governs limited liability, including the risks and benefits associated with this corporate form. The article considers contemporary debates surrounding limited liability, such as the extent to which it encourages reckless risk-taking and after considering a basic understanding of the benefits and negatives of limited liability, primarily examines the misuse of limited liability by way of risk dilution techniques utilising subsidiary companies. While limited liability can encourage investment and entrepreneurship it can also lead to the anti-social practice of risk dilution, where companies use subsidiaries to hold their assets and limit their liability.

Diminished Responsibility – The Partial Defence to Murder – Joseph Briggs and Russ Scott

By s 304A of the Criminal Code (Qld), when a person accused of murder is proved to have experienced an abnormality of mind which substantially impaired the capacity to understand what the person was doing, the capacity to control the person’s actions or the capacity to know that the person ought not do the act or make the omission, the person will be liable to be convicted of manslaughter only. The partial defence of diminished responsibility is only available in three other Australian jurisdictions. Recently, in R v Smith (aka Stella) the Queensland Court of Appeal interpreted the term “substantial impairment”.

BOOK REVIEWS – Editor: Chief Judge Brian Devereaux SC

  • Australian Principles of Tort Law (5th ed), by Pam Steward and Anita Stuhmcke – Reviewed by Camille Etchegaray
  • The Automated State: Implications, Challenges and Opportunities for Public Law, by Janina Boughey and Katie Miller (eds) – Reviewed by Suvradip Maitra
  • Zines and Stellios’s the High Court and the Constitution (7th ed), by James Stellios (ed) – Reviewed by Jye Anthony Beardow
  • Commonwealth Criminal Law (3rd ed), by T Anderson – Reviewed by Sophie Pruim

For the PDF version of the table of contents, click here: New Westlaw Australia – Qld Lawyer Vol 39 No 4 Contents.

Click here to access this Part on New Westlaw AU

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