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 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 Crowe, Jonathan Date A point or period of time associated with an event in the lifecycle of the resource 2021-11-07 Description An account of the resource 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 anything about it because our efforts would be futile. This article rebuts the latter line of argument. I argue that: (1) everyone has a duty to do their share for the global common good, which includes doing one’s part to combat climate change; (2) the idea that taking action against climate change is futile should be treated with caution, because sometimes actions may seem to make no difference to climate change, when really they do; (3) in any event, the duty to do one’s share to combat climate change still applies, even if it is ultimately futile; and (4) this is because not doing one’s share for the common good harms oneself, regardless of whether it makes any difference to the wider outcome. 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/6033 10.38127/uqlj.v40i3.6033 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/6033/5009 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. 3 (2021): The University of Queensland Law Journal; 477-489 1839-289X 0083-4041 Title A name given to the resource 'It Makes No Difference What We Do': Climate Change and the Ethics of Collective Action 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 Bell, Felicity Date A point or period of time associated with an event in the lifecycle of the resource 2021-03-26 Description An account of the resource In March 2020, the family law courts, like other Australian courts, moved to hearing proceedings ‘remotely’, by phone, audio-visual link or software platform. This article examines the particular circumstances of family law cases that likely impact on whether it is appropriate for remote procedures to be used. Giving context to these themes, the article reports on a survey of Australian federal judicial officers about their experiences of conducting family law proceedings remotely. 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/5619 10.38127/uqlj.v40i1.5619 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/5619/4631 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. 1 (2021): The University of Queensland Law Journal; 1-26 1839-289X 0083-4041 10.38127/uqlj.v40i1 Title A name given to the resource 'Part of the Future' : Family Law, Children's Interests and Remote Proceedings in Australia during COVID-19 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 Robinson, Peter Date A point or period of time associated with an event in the lifecycle of the resource 2022-11-20 Description An account of the resource The law of propensity evidence is in a state of flux in Australia as various State jurisdictions decide on their responses to recommendations of the Royal Commission Into Institutional Responses to Child Sexual Abuse.  Controversy persists about the probative value of such evidence, not limited to child sexual assault cases. An influential theory in this area is the theory of comparative propensity, advocated by Professor Hamer, and approved in a qualified way by the Royal Commission.  The theory employs a mathematical model based on Bayes’ equation to estimate the probative value of such evidence. This article critiques the theory and concludes that it does not reflect the real world factors that impact the probative value of such evidence. 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/6357 10.38127/uqlj.v41i3.6357 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/6357/5931 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; 243-276 1839-289X 0083-4041 Subject The topic of the resource propensity tendency coincidence evidence prior conduct Title A name given to the resource A Critique of the Theory of Comparative Propensity 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 Ruhl, JB Salzman, James Date A point or period of time associated with an event in the lifecycle of the resource 2020-12-10 Description An account of the resource This article assesses the approaches that different national governments have employed to provide and conserve ecosystem services, focusing on policy instruments and common-law court decisions. Applying the lessons learned from this review, we address strategies for conservation of mangrove ecosystem services in Australia, focusing on the importance of creating a strong political mandate and demonstrating a clear connection between mangrove conservation and the benefits provided by mangrove services. This requires further research on which beneficiaries would be harmed, and by how much, if the mangrove service flows are reduced. Policy uptake can be slow. It has taken years in other jurisdictions for policies protecting ecosystem services to be adopted, and this will likely be the path in Australia as well. 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/5661 10.38127/uqlj.v39i3.5661 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/5661/4653 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. 39 No. 3 (2020): Special Issue on Ecosystem Services and the Law; 503-523 1839-289X 0083-4041 10.38127/uqlj.v39i3 Title A name given to the resource A Global Assessment of the Law and Policy of Ecosystem Services 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 Duffy, James Burton, Kelley Date A point or period of time associated with an event in the lifecycle of the resource 2022-08-09 Description An account of the resource 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 shortcomings in the definition of consent in the Western Australian Code, and how these might be remedied. Given the different origins and form of criminal law across Australian states and territories, the definition of consent has naturally varied. In some instances, these variations are semantic, and the content of the law is uniform. In other cases, interpretive ‘grey areas’ exist, with the very real consequence that the concept and content of ‘consent’ may operate differentially across state borders. Given the shared genesis (and current similarity) of the Queensland and Western Australian Criminal Codes, there are few reasons for their definitions of consent to vary in form and substance. 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/6133 10.38127/uqlj.v41i2.6133 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/6133/5705 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. 2 (2022): The University of Queensland Law Journal 1839-289X 0083-4041 Subject The topic of the resource consent, sexual offences, assault, communication model, withdrawal Title A name given to the resource A Review of the New Legislative Definition of Consent in Queensland: An Opportunity for Western 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 Tiverios, Nicholas 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 At a broad level of generality, the orthodox approach to interpreting contracts, trusts, wills, security documents, company constitutions and so forth is the same: a search for the objective meaning to be attributed to the author or authors of the instrument (the ‘uniform hermeneutic thesis’). This article has two primary objectives. The first is to respond to a common criticism of this uniform objective approach. The criticism is that, as each species of legal obligation is different, different rules of interpretation should apply when the given legal context changes. For example, why not ask the settlor of an inter vivos trust what she meant to say when an interpretational dispute arises? The second reason is to demonstrate that the explanations most commonly given in defence of an objective approach to interpretation, namely to promote legal certainty and economic efficiency, fail to capture the essential reason why the objective approach permeates the general law. The thesis put forward in this article is that an objective theory of interpretation is a justifiable aspect of private law because language (being a form of communication) does not operate unilaterally, but rather requires stable and dependable shared conventions. This argument is supported by the further claim that, where the author of a legal instrument utilises these publicly recognised conventions in order to affect her or his legal relations with others, she or he ought to be bound by those conventions. One cannot have the benefit of ‘conventions for me but not for thee’. 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/5483 10.38127/uqlj.v40i2.5483 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/5483/4781 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; 181-214 1839-289X 0083-4041 Title A name given to the resource A Uniform Hermeneutic Thesis: Objectivity and the High Court of Australia’s Approach to Interpretation Across Private 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 Larkin, Dani Hobbs, Harry Lino, Dylan Maguire, Amy Date A point or period of time associated with an event in the lifecycle of the resource 2022-03-03 Description An account of the resource Aboriginal and Torres Strait Islander peoples have long called for structural reform to Australia’s institutional framework to protect and promote their rights. In recent years, however, state and territory governments have proven more receptive to Aboriginal and Torres Strait Islander peoples’ advocacy than the Commonwealth. In this article, we identify and map the return of the states and territories — and the retreat of the Commonwealth — in Indigenous law reform. While substantial progress has been made, significant risks are involved in the pursuit of subnational reform. It remains imperative that the Commonwealth government meaningfully engage with the aspirations of Aboriginal and Torres Strait Islander peoples as recorded in the Uluru Statement from the Heart.  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/6353 10.38127/uqlj.v41i1.6353 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/6353/5137 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; 35-58 1839-289X 0083-4041 Title A name given to the resource Aboriginal and Torres Strait Islander Peoples, Law Reform and the Return of the States 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 Moss, Aaron Date A point or period of time associated with an event in the lifecycle of the resource 2022-08-03 Description An account of the resource Documents are critical in native title litigation. This article explores the different methods of, and common problems encountered when, accessing such documents. By examining recent decisions dealing with the ‘Hearne v Street obligation’, non-party access requests, and legal professional privilege, this paper explores how the Court has grappled with the translation of general principles of practice to the unique context of native title litigation. It observes the Court has refused to create special native title rules, but rather has pragmatically applied general principles to native title matters on a case-by-case basis. Accordingly, close attention to these judicial developments is necessary, lest the interests of one’s clients, or of First Nations persons, be adversely affected by inappropriate document disclosure.  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/6081 10.38127/uqlj.v41i2.6081 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/6081/5703 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. 2 (2022): The University of Queensland Law Journal 1839-289X 0083-4041 Title A name given to the resource Access to Anthropological Evidence and Documents Created in Native Title Litigation 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 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