1 10 81 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The University of Queensland Law Journal Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource C Derrington, The Hon Sarah Date A point or period of time associated with an event in the lifecycle of the resource 2023-05-22 Description An account of the resource 18 November 2021, Banco Court, Supreme Court of Queensland. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journal.law.uq.edu.au/index.php/uqlj/article/view/7819 10.38127/uqlj.v42i1.7819 Language A language of the resource eng Publisher An entity responsible for making the resource available The University of Queensland School of Law Relation A related resource https://journal.law.uq.edu.au/index.php/uqlj/article/view/7819/6269 Rights Information about rights held in and over the resource Copyright (c) 2023 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Forthcoming Articles 1839-289X 0083-4041 Title A name given to the resource The 22nd WA Lee Equity Lecture Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The University of Queensland Law Journal Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Allan, James Date A point or period of time associated with an event in the lifecycle of the resource 2023-03-07 Description An account of the resource In a just published issue in one of Australia’s oldest and best-known law reviews, the Federal Law Review, Dr Harry Hobbs of the University of Technology Sydney has written an article that comes out swinging (read on to see that that is, if anything, a mild description) against critics of three High Court of Australia cases. The three judgments are separated by 28 years in total, but Hobbs lumps them — or rather various critics of any one of these three decisions — together as part of a supposedly coherent and like-minded whole. I am one of those thus lumped, which is why I am taking the time to offer up this brief reply, though there are dozens of others also so categorised. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journal.law.uq.edu.au/index.php/uqlj/article/view/7505 10.38127/uqlj.v42i1.7505 Language A language of the resource eng Publisher An entity responsible for making the resource available The University of Queensland School of Law Relation A related resource https://journal.law.uq.edu.au/index.php/uqlj/article/view/7505/6049 Rights Information about rights held in and over the resource Copyright (c) 2023 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Forthcoming Articles 1839-289X 0083-4041 Title A name given to the resource Attacking the 'New Right', Australian Law Reviews and the Peer Review Process Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The University of Queensland Law Journal Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Klesch, Rachel Hill, Guzyal Price, David Date A point or period of time associated with an event in the lifecycle of the resource 2023-05-29 Description An account of the resource In a recent article, Chief Justice of the High Court of Australia Susan Kiefel’s vision explores the symbiotic relationships between the courts and the academy, suggesting that academic writing can be a valuable resource for the judiciary. This suggestion raises the question, propounded in this article, that there is value for both the judiciary and academy to identify what judges cite and where academies should aim to publish. The literature review reveals two different approaches to academic citations, namely, that the High Court of Australia regularly cites the academy, but state supreme courts rarely cite academic material. This article aims to fill a gap in the existing literature to examine citation practices in two Australian territories: the Northern Territory and the Australian Capital Territory. Using the law-as-data and citation counting method, the article examines data published from 2010 to 2019 by the supreme courts of the two territories. It compares this data to the existing research of the state supreme courts and finds that the citation patterns of the supreme courts in the territories are consistent with those in the existing literature: in brief, the judiciary cite few publications, predominantly books. The data shows that there is a trend of decline in citing academic work by the judiciary in both territories. This trend is alarmingly problematic for the academy writing for the judiciary, and the potential of a flow-on effect of an ongoing and detrimental diminution of the symbiotic relationship envisioned by Kiefel CJ.  Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journal.law.uq.edu.au/index.php/uqlj/article/view/6741 10.38127/uqlj.v42i1.6741 Language A language of the resource eng Publisher An entity responsible for making the resource available The University of Queensland School of Law Relation A related resource https://journal.law.uq.edu.au/index.php/uqlj/article/view/6741/6279 Rights Information about rights held in and over the resource Copyright (c) 2023 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Forthcoming Articles 1839-289X 0083-4041 Subject The topic of the resource citation academy court Title A name given to the resource The Academy and the Courts: Citation Practices Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The University of Queensland Law Journal Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Loveland, Ian Date A point or period of time associated with an event in the lifecycle of the resource 2023-06-01 Description An account of the resource This paper examines the brief lifespan (1907–20) of ‘Two Act’ entrenchment, a curious constitutional law idea which emerged in Queensland in the early 1900s. Its origins lay in an argument formulated by Queensland’s then Chief Justice, Pope Cooper, qua defendant in criminal proceedings arising from his refusal to pay income tax on his judicial salary. That argument was that the Constitution Act 1867 (Qld) was a form of ‘fundamental’ or ‘organic’ law which could not be altered by legislation passed in the ordinary way, but which could be changed only by a Two Act legislative process in which the Legislature in Act 1 expressly empowered itself to alter the relevant provision and then in Act 2, again expressly, enacted the relevant alteration. The article considers how it was that an idea which had no textual basis in either Imperial or colonial legislation, for which there was no supportive judicial authority, and which had no precedent in Queensland’s legislative practice, was repeatedly upheld by Queensland’s Supreme Court and Australia’s High Court before being dismissed as wholly without merit by the Privy Council in McCawley v The King; but dismissed in terms which laid the foundation for the Privy Council’s subsequent approval of the proposition (in Trethowan v Attorney-General of New South Wales) that Australia’s State legislatures did indeed possess the legislative competence to enact judicially enforceable entrenchment devices to prevent certain laws being enacted through the ordinary lawmaking process. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journal.law.uq.edu.au/index.php/uqlj/article/view/6679 10.38127/uqlj.v42i1.6679 Language A language of the resource eng Publisher An entity responsible for making the resource available The University of Queensland School of Law Relation A related resource https://journal.law.uq.edu.au/index.php/uqlj/article/view/6679/6281 Rights Information about rights held in and over the resource Copyright (c) 2023 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Forthcoming Articles 1839-289X 0083-4041 Subject The topic of the resource constituional law: entrenchment: Queensland Title A name given to the resource 'Embarrasing and Even Ridiculous': The Short-Lived Rise and Fall of Chief Justice Pope Cooper's Two Act Entrenchment Thesis in Early 20th Century Queensland Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The University of Queensland Law Journal Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Lukacs, Adam Date A point or period of time associated with an event in the lifecycle of the resource 2023-05-29 Description An account of the resource This article provides the first comprehensive analysis of Queensland’s new ‘journalist privilege’ provisions (or ‘shield law’), introduced into Div 2B of the Evidence Act 1977 (Qld) in 2022, and evaluates the merits of these provisions against comparable legislation in other jurisdictions. This article aims to inform law reform to protect press freedom by recommending that shield laws across Australia be amended to adopt the favourable aspects of Queensland’s new shield law. Conversely, the article also argues that the shortfalls in Queensland’s own shield law, and the shield laws of other jurisdictions, can be rectified by incorporating into them the beneficial features of shield laws nationwide. Doing so would produce a uniform and exemplar shield law which provides uniform protections in all Australian jurisdictions. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journal.law.uq.edu.au/index.php/uqlj/article/view/6549 10.38127/uqlj.v42i1.6549 Language A language of the resource eng Publisher An entity responsible for making the resource available The University of Queensland School of Law Relation A related resource https://journal.law.uq.edu.au/index.php/uqlj/article/view/6549/6277 Rights Information about rights held in and over the resource Copyright (c) 2023 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Forthcoming Articles 1839-289X 0083-4041 Title A name given to the resource Evaluating the Merits of Queensland's New Shield Law: Reform Lessons for the Rest of Australia Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The University of Queensland Law Journal Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Thompson, Brooke Date A point or period of time associated with an event in the lifecycle of the resource 2022-05-02 Description An account of the resource This article explains the distinctive nature of Islamic inheritance law and considers the extent to which Muslim residents in Australia can assimilate their faith-based obligations with their country-based obligations in matters of inheritance. The article identifies conflict in the Islamic and Australian intestacy rules and sets out three ways that Muslims can manage this conflict. The article considers the scope for, and feasibility of, the execution of Islamic wills in Australia to demonstrate how they assist Muslims to comply with their religious inheritance obligations. While there is no manifest inadequacy in the current legal framework that impedes Muslims from maintaining an Islamic inheritance, the article establishes two instances where Muslims remain at a disadvantage and adds to calls for reform in the area of family provision. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journal.law.uq.edu.au/index.php/uqlj/article/view/6483 10.38127/uqlj.v41i1.6483 Language A language of the resource eng Publisher An entity responsible for making the resource available The University of Queensland School of Law Relation A related resource https://journal.law.uq.edu.au/index.php/uqlj/article/view/6483/5139 Rights Information about rights held in and over the resource Copyright (c) 2022 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 41 No. 1 (2022): The University of Queensland Law Journal; 89-126 1839-289X 0083-4041 Title A name given to the resource Navigating Dual Legal Systems: Islamic Inheritance Law in Australia's Secular Legal Framework Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The University of Queensland Law Journal Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Stonebridge, Morgan Date A point or period of time associated with an event in the lifecycle of the resource 2022-05-02 Description An account of the resource Public concern for the welfare of animals used in rodeo events is growing. Much of this concern is directed at the event of calf roping, an event that involves chasing, lassoing and throwing a calf to the ground. In all Australian jurisdictions, pain inflicted on animals is subject to a requirement that the pain not be unjustifiable or unnecessary. Typically, pain caused to animals can be justified if it provides human benefit. Legislatures in Australian states and territories have excluded calf roping from this assessment, which to some extent implies that the practice meets the standard. Accordingly, this article utilises the Ford v Wiley proportionality test to determine whether the harm inflicted on calves is justified in the light of the purported benefits of the practice. It argues that the harm caused is not proportionate to the benefits and, as a result, that all Australian jurisdictions should explicitly prohibit the practice. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journal.law.uq.edu.au/index.php/uqlj/article/view/6481 10.38127/uqlj.v41i1.6481 Language A language of the resource eng Publisher An entity responsible for making the resource available The University of Queensland School of Law Relation A related resource https://journal.law.uq.edu.au/index.php/uqlj/article/view/6481/5133 Rights Information about rights held in and over the resource Copyright (c) 2022 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 41 No. 1 (2022): The University of Queensland Law Journal; 59-88 1839-289X 0083-4041 Title A name given to the resource The Legality of Calf Roping in Australia: A Ford v Wiley Proportionality Analysis Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The University of Queensland Law Journal Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Sorial, Sarah Morris, Shireen Date A point or period of time associated with an event in the lifecycle of the resource 2023-05-22 Description An account of the resource   In this article we examine the recent High Court decision in LibertyWorks Inc v Commonwealth of Australia (‘LibertyWorks’). We argue that this decision fails to properly apply the implied freedom of political communication (the ‘implied freedom’) in four principle ways. First, the majority judgments do not properly grapple with the complexities of legislative purpose. The Foreign Influence Transparency Scheme Act 2018 (Cth) (‘FITS Act’) targets foreign influence rather than just covert and corrupt foreign interference, yet the judgements blur this important distinction throughout. If the true legislative purpose of the FITS Act is to increase transparency to prevent foreign influence, this purpose is illegitimate and incompatible with Australia’s representative government, so the FITS Act should fail on this basis. Alternatively, if the true purpose is to increase transparency to prevent foreign interference, that legislative purpose is not served by the scheme, because it is ineffective in achieving its aim. Second, the majority in LibertyWorks do not properly assess the legislative breadth of the FITS Act, including the wide range of actors to which the obligations to register relate. This, we suggest, imposes a broad and, arguably, unbalanced burden on free debate. Third, the majority do not pay sufficient regard to the different tiers of registration, which create not only public, but also private (and therefore unjustified) catalogues of information. Finally, Steward J’s constitutionally conservative (yet paradoxically activist) claim that the implied freedom may not exist appears to invite a future constitutional challenge to the implied freedom. We argue his Honour may be right, but not for the reasons he elucidates. In our view, the implied freedom was essentially non-existent in this case because it was not robustly applied by the High Court. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journal.law.uq.edu.au/index.php/uqlj/article/view/6479 10.38127/uqlj.v42i1.6479 Language A language of the resource eng Publisher An entity responsible for making the resource available The University of Queensland School of Law Relation A related resource https://journal.law.uq.edu.au/index.php/uqlj/article/view/6479/6267 Rights Information about rights held in and over the resource Copyright (c) 2023 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Forthcoming Articles 1839-289X 0083-4041 Subject The topic of the resource Free speech Constitutional Law High Court Implied freedom of political communication Title A name given to the resource Does it Exist? LibertyWorks and Australia’s Shrinking Implied Freedom of Political Communication Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The University of Queensland Law Journal Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource McInnes-Smith, Sienna Date A point or period of time associated with an event in the lifecycle of the resource 2023-01-25 Description An account of the resource Despite persistent criticism from international human rights bodies and experts, Queensland continues to permit the ‘lawful correction’ of children as a defence to criminal offences committed against them. The recent introduction of a human rights framework in Queensland further highlights the disconnect between the State’s correction defence, contemporary understanding of the deleterious effects of physically punishing children, and children’s human rights principles. This article examines this disconnect and the consistency of the Queensland defence with the Human Rights Act 2019 (Qld). To this end, it outlines the current position in the medical and psychological literature that corporal punishment has severe consequences for children. It also explains the scope of the Queensland defence and compares it to other Australian jurisdictions. The article then turns to an analysis of the consistency between the defence and the Human Rights Act. It concludes that the defence repudiates human rights guarantees in Queensland, as well as the international framework for children’s rights, and identifies avenues for reform. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journal.law.uq.edu.au/index.php/uqlj/article/view/6439 10.38127/uqlj.v41i3.6439 Language A language of the resource eng Publisher An entity responsible for making the resource available The University of Queensland School of Law Relation A related resource https://journal.law.uq.edu.au/index.php/uqlj/article/view/6439/5939 Rights Information about rights held in and over the resource Copyright (c) 2023 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 41 No. 3 (2022): The University of Queensland Law Journal; 327-362 1839-289X 0083-4041 Title A name given to the resource The Inconsistency of the 'Lawful Correction' of Children Defence with Queensland's New Human Rights Act Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The University of Queensland Law Journal Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Giancaspro, Mark Date A point or period of time associated with an event in the lifecycle of the resource 2022-11-16 Description An account of the resource The small to medium-sized enterprise (SME) sector is the largest and most productive in Australia. Like all established market-based economies, ours is characterised by the use of contracts as a mechanism for exchange. Contracts often require variation in response to variables such as under-pricing, resource availability, changes in scope, and rising product costs, so SMEs (and larger businesses) will frequently encounter the process of renegotiation. The rules applicable to contract renegotiation seldom receive attention in academic writing. Moreover, the attitudes toward, understandings of, and experiences with the doctrine of renegotiation among Australian SMEs are scarcely researched. This article expounds the law of renegotiation before reporting on selected findings from a largescale empirical study designed to fill these knowledge gaps, among others, in the literature. The results provide invaluable insight into how this critically important sector perceives and deals with contract law and the doctrine of renegotiation and underscores potential areas for improvement. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journal.law.uq.edu.au/index.php/uqlj/article/view/6429 10.38127/uqlj.v41i3.6429 Language A language of the resource eng Publisher An entity responsible for making the resource available The University of Queensland School of Law Relation A related resource https://journal.law.uq.edu.au/index.php/uqlj/article/view/6429/5935 Rights Information about rights held in and over the resource Copyright (c) 2022 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 41 No. 3 (2022): The University of Queensland Law Journal; 299-326 1839-289X 0083-4041 Title A name given to the resource Renegotiation in the Real World: A Study of Australian Small to Medium-Sized Enterprises, Contract Variation, and the Law Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article