6 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 Speirs, Stephen Date A point or period of time associated with an event in the lifecycle of the resource 2021-06-29 Description An account of the resource  The criminal regime in Chapter 7 of the Corporations Act 2001 (Cth) contains 299 separate offences and is extremely complex. This paper undertakes the first detailed examination of the criminal regime in Chapter 7 in anticipation of an increase in criminal prosecutions of financial services misconduct following the Royal Commission into Misconduct in the Superannuation, Banking and Financial Services Industry. The review uncovers a number of drafting anomalies and inconsistencies in the criminal regime. In light of these issues, the paper advocates simplification of the criminal regime and puts forward reform proposals aimed at fostering compliance and observance of the law. 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/5451 10.38127/uqlj.v40i2.5451 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/5451/4785 Rights Information about rights held in and over the resource Copyright (c) 2021 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 40 No. 2 (2021): The University of Queensland Law Journal; 258-299 1839-289X 0083-4041 Title A name given to the resource Examining the Criminal Regime in Chapter 7 of the Corporations Act 2001 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 Waye, Vicki Duffy, Michael Date A point or period of time associated with an event in the lifecycle of the resource 2021-06-29 Description An account of the resource Common Fund Orders’ (CFOs) have had a significant effect on Australian third party-funded class actions by requiring all class members to make a contribution to the third-party litigation funder’s fee in the event of a successful outcome.  This altered past practice whereby only class members who had contracted with the litigation funder would be liable for such a contribution.  However in a 5:2 decision in BMW Australia Ltd v Brewster in 2019, the High Court cast some doubt on CFOs, determining that neither s 33ZF Federal Court of Australia Act 1976 (Cth) nor s 183 Civil Procedure Act 2005 (NSW) provided a legal basis for making CFOs at the outset of proceedings so as to secure litigation funding support.  In late 2020, the Commonwealth Parliamentary Joint Committee (PJC) on Corporations and Financial Services recommended that legislation be enacted to ‘address uncertainty’ in Brewster in a manner that would enable CFOs to be made at settlement or judgment.  The authors canvass normative arguments as to the merits of CFOs and compare the alternative practice of making Funding Equalisation Orders (FEOs). They also consider the related issue of courts setting overall funding commissions.  Given the possibility of legislative intervention, they also review arguments as to the potential constitutional validity of CFOs, a matter that was raised, but received very limited treatment from the High Court in BMW. 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/5435 10.38127/uqlj.v40i2.5435 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/5435/4783 Rights Information about rights held in and over the resource Copyright (c) 2021 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 40 No. 2 (2021): The University of Queensland Law Journal; 215-255 1839-289X 0083-4041 Subject The topic of the resource class actions common funds litigation funding civil procedure constitutional law Title A name given to the resource The Fate of Class Action Common Fund Orders: The Policy, Procedural and Constitutional Issues of a Legislative Revival 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 Kirby, Michael Date A point or period of time associated with an event in the lifecycle of the resource 2020-08-19 Description An account of the resource This article, first delivered at The University of Queensland as the Naida Haxton AM Oration 2019, explores some of the components of the rule of law. It starts with building blocks in the common law system, including law reporting for the derivation of precedents. It describes the notable career of Naida Haxton and her approach to law reporting. It then extends to municipal and international law, including that relevant to universal human rights. In that connection, it describes the author’s work as chair of the United Nations Commission of Inquiry on North Korea. It explains its successes and disappointments. Finally, it concludes with the importance of building effective protections for peace and security and justice, including addressing existential challenges such as pandemics, global climate change, and the control of nuclear weapons. The author argues that these components of the rule of law are ultimately integrated and essential to the safety and protection of human beings and the biosphere everywhere. 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/5033 10.38127/uqlj.v39i2.5033 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/5033/4385 Rights Information about rights held in and over the resource Copyright (c) 2020 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 39 No. 2 (2020): The University of Queensland Law Journal; 371-388 1839-289X 0083-4041 Title A name given to the resource Rule of Law: Building Blocks, Human Rights and Global Security 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 Jowett, Stephanie Dallaston, Elizabeth Bennett, Belinda Date A point or period of time associated with an event in the lifecycle of the resource 2020-08-19 Description An account of the resource This article analyses the ethical and legal aspects of data-sharing and genomic research. It begins in Part II with an overview of the nature of genomic information, and whether it is exceptional when compared to other forms of health information. Part III considers the role of data-sharing in genomic research, with the importance of public trust in supporting genomic research considered in Part IV. The Australian regulatory framework for data-sharing in genomic research is considered in Parts V and VI, with reform options discussed in Part VII. The article concludes that advances in genomic research and the complexity of the current regulatory framework make it timely to review Australian laws to ensure that they maintain their relevance for this rapidly developing field of research. 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/5031 10.38127/uqlj.v39i2.5031 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/5031/4383 Rights Information about rights held in and over the resource Copyright (c) 2020 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 39 No. 2 (2020): The University of Queensland Law Journal; 341-369 1839-289X 0083-4041 Title A name given to the resource Genomic Research and Data-Sharing: Time to Revisit Australian Laws? 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 Lee, Stephen Date A point or period of time associated with an event in the lifecycle of the resource 2020-08-19 Description An account of the resource There are a variety of instances when courts exercising equitable jurisdiction have recognised and enforced foreign judgments. But when those instances are acknowledged at all, they have tended to be consigned to discrete subject areas and not treated as examples of a wider genus. A new approach is required to keep apace with the needs of an increasingly borderless society. In this article, the author collects in one place the established instances of equitable intervention and argues that they are merely illustrations of a comprehensive equitable jurisdiction to recognise and enforce foreign judgments. 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/5029 10.38127/uqlj.v39i2.5029 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/5029/4381 Rights Information about rights held in and over the resource Copyright (c) 2020 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 39 No. 2 (2020): The University of Queensland Law Journal; 313-340 1839-289X 0083-4041 Title A name given to the resource The Equitable Jurisdiction to Enforce Foreign Judgments 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 Peake, Lachlan Date A point or period of time associated with an event in the lifecycle of the resource 2020-08-24 Description An account of the resource As Australian corporate conduct came under intense and highly publicised scrutiny during the banking Royal Commission, so too did the conduct of the conduct regulator: the Australian Securities and Investments Commission (‘ASIC’). Following the Royal Commission, the regulator has adopted what it describes as ‘“Why not litigate?” operational discipline’ — a concept elaborated and recommended by Commissioner Hayne which is now the central tenet of ASIC’s updated enforcement model. This article discusses the hierarchy of strategic priorities evident in that enforcement model and asks: should the regulator focus its resources on compensating those harmed by regulatory contraventions rather than sanctioning those who have broken the law? 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/5027 10.38127/uqlj.v39i2.5027 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/5027/4379 Rights Information about rights held in and over the resource Copyright (c) 2020 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 39 No. 2 (2020): The University of Queensland Law Journal; 277-311 1839-289X 0083-4041 Title A name given to the resource Testing the Regulator's Priorities: To Sanction Wrongdoers or Compensate Victims? 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 Coxon, Benedict Date A point or period of time associated with an event in the lifecycle of the resource 2020-08-19 Description An account of the resource Human rights legislation in the Australian Capital Territory (‘ACT’), Victoria and Queensland contains interpretive provisions to the effect that legislation is to be interpreted consistently or compatibly with the rights set out in the relevant statute. This article is an attempt to analyse these interpretive provisions as a matter of statutory interpretation; that is, the rules of statutory interpretation are applied to the interpretive provisions. Courts in the ACT and Victoria have interpreted the provisions as conferring modest powers, similar to the common law principle of legality. As a matter of the application of the principles of statutory interpretation, this appears to be the correct approach. Queensland courts may be expected to follow their ACT and Victorian counterparts in this respect. 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/5025 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/5025/4377 Rights Information about rights held in and over the resource Copyright (c) 2020 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 39 No. 2 (2020): The University of Queensland Law Journal; 253-275 1839-289X 0083-4041 Title A name given to the resource Learning from Experience: Interpreting the Interpretive Provisions in Australian Human Rights Legislation 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 Walker-Munro, Brendan Date A point or period of time associated with an event in the lifecycle of the resource 2020-08-19 Description An account of the resource Criminal law regulators face difficulties in adapting to technological change. They must often operate in environments of significant uncertainty, with changing policy aims and legislative provisions that fail to ‘move with the times’. Rather than engaging with robust, let alone radical theoretical examination of their actions and structure, regulatory organisations struggle to enforce laws in communities affected by technological or systemic change, often leading to claims of overcriminalisation, inadequacy, regulatory overreach or inconsistency. This article suggests that dealing with disruptive criminality solely through legal instruments is a policy failure. Instead, a radical new framework is proposed, embedded in cybernetics (a transdiscplinary approach to exploring regulatory systems). Such a framework — systemic governance — offers a substantially altered way of managing regulatory relationships that resists disruptive change and challenges regulators to find new ways of engaging with the population they seek to influence. 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/5023 10.38127/uqlj.v39i2.5023 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/5023/4375 Rights Information about rights held in and over the resource Copyright (c) 2020 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 39 No. 2 (2020): The University of Queensland Law Journal; 225-252 1839-289X 0083-4041 Title A name given to the resource Cyber-Systemics, Systemic Governance and Disruption of the Criminal Law 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 Dietrich, Joachim Date A point or period of time associated with an event in the lifecycle of the resource 2020-08-19 Description An account of the resource 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 common law rights prior to the passage of the CLAs. Importantly, however, many of those limitations do not apply to certain classes of claims excluded from the operation of the CLAs. The focus of this article is on some widely (but not uniformly) adopted exclusions to the operation of the CLAs, namely that many parts of the CLAs do not apply to claims arising from types of intentional conduct. Many of these limitations are express; but other limitations raise issues of intention that are less patent. The precise reach of the ‘intentional conduct’ exclusions in the CLAs has not been resolved and many important questions remain unanswered. This is despite the increasing number of cases coming before the courts in which plaintiffs are attempting to circumvent the operation of the CLAs. The issues will continue to attract judicial attention. This article considers the different interpretation and operation of the ‘intentional conduct’ exclusions in the CLAs and seeks to answer some of unanswered questions. 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/5021 10.38127/uqlj.v39i2.5021 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/5021/4373 Rights Information about rights held in and over the resource Copyright (c) 2020 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 39 No. 2 (2020): The University of Queensland Law Journal; 197-223 1839-289X 0083-4041 Title A name given to the resource Intentional Conduct and the Operation of the Civil Liability Acts: Unanswered Questions 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 Flannigan, Robert Date A point or period of time associated with an event in the lifecycle of the resource 2020-08-19 Description An account of the resource 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 be purged. They choke the coherent expression of principle. If not dispatched, they may invite or license the collapse of our prudent strict supervision of the mischief that vitally undermines synergy and community. 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/5019 10.38127/uqlj.v39i2.5019 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/5019/4371 Rights Information about rights held in and over the resource Copyright (c) 2020 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 39 No. 2 (2020): The University of Queensland Law Journal; 157-196 1839-289X 0083-4041 Title A name given to the resource The End of Fiduciary Accountability Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article