Browse Items (81 total)

This article considers the role of the excuse of mistake of fact in Queensland rape and sexual assault law. We argue that the excuse has undesirable and socially regressive consequences by allowing reference to factors such as the complainant’s…

Opposition to collective action on climate change takes at least two forms. Some people deny that climate change is occurring or that it is due to human activity. Others maintain that, even if climate change is occurring, we have no duty to do…

This article considers the hazards posed by marine stingers (notably Irukandjis) to recreational divers and snorkelers through the lens of Queensland’s unique workplace health and safety regulatory regime. The sustainability of diving and snorkelling…

The Civil Liability Acts place significant limitations and caps on the damages that are recoverable for claims caught by those Acts or relevant parts thereof. Such limitations and preclusions significantly impact on what were plaintiffs’ existing…

This article focuses on a relatively unexamined aspect of the life of the late Sir HarryGibbs: his war service, particularly in and associated with Papua New Guinea, and theinfluence of that connection on his legal education and some, at least, of…

This article examines recent amendments to the definition of consent in the Queensland Criminal Code, with a view to recommending amendments to the Western Australian Criminal Code. Comparative and doctrinal methodology are used to identify…

Through a review of reported challenges this article explains how latent fingerprint evidence was routinely admitted and relied upon as proof of identity in criminal proceedings before its value and limitations were studied or understood. That it was…

There is a substantive distinction between accessories who do, and those who do not,undertake to serve the beneficiaries of a fiduciary function. Where the access ofaccessories to beneficiary assets is limited, they are directly accountable as…

Some judges and writers have been moving our regulation of opportunism off its conceptual rails. Numerous departures from convention presently are nesting in the jurisprudence and the literature. None of the departures are justified, and all should…

This article examines the case of Y v University of Queensland and the issue of university disciplinary action in cases of student-on-student sexual assault. In addition to the question of whether universities have legal jurisdiction to decide these…
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