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 Allsop, James Date A point or period of time associated with an event in the lifecycle of the resource 2019-11-11 Description An account of the resource No institution, including the courts, can disregard technology. This article discusses the role of the courts in the uptake of technology. It considers the question of how to best incorporate useful technologies while maintaining the fundamentally human character of courts as public institutions. It assesses some of the challenges that may arise along the way. These include practical obstacles such as the need for behavioural change across the profession, ensuring access to (and not obstruction of) justice, and the implications of the use of big data and artificial intelligence for public trust and confidence in the courts as core public institutions. 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/1539 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/1539/1293 Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 38 No. 1 (2019): The University of Queensland Law Journal; 1-14 1839-289X 0083-4041 Title A name given to the resource Technology and the Future of the Courts 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 Gilsenan, Rebecca Legg, Michael Date A point or period of time associated with an event in the lifecycle of the resource 2019-11-11 Description An account of the resource Class actions are legal proceedings brought on behalf of numerous persons, known as group members. When a class action settles for a monetary payment to compensate the group members, the payment needs to be divided among the group members. The division and distribution takes place pursuant to a court-approved settlement distribution scheme (‘SDS’). Although the SDS is central to the determination of the actual amount that an individual group member receives from a class action settlement, the design and operation of SDSs have attracted little critical attention. This article seeks to start the process of elucidating the operation of SDSs by explaining three main types of class action SDS: (1) global sum with formula; (2) global sum with individualised assessment; and (3) process approach. The article then draws on those SDS models and class action settlement decisions to develop guiding principles or steps for the design of an SDS. 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/1541 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/1541/1291 Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 38 No. 1 (2019): The University of Queensland Law Journal; 15-39 1839-289X 0083-4041 Title A name given to the resource Australian Class Action Settlement Distributions Scheme Design: Deciding Who Gets What 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 2019-11-11 Description An account of the resource 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 of accessories to beneficiary assets is limited, they are directly accountable as fiduciaries to the beneficiaries. Today that distinction is not widely understood. Many seem to assume that the accountability of accessories is defined exclusively by the law of knowing (dishonest) assistance. Understanding the distinction should clarify the nature of both forms of accountability. 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/1543 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/1543/1289 Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 38 No. 1 (2019): The University of Queensland Law Journal; 41-80 1839-289X 0083-4041 Title A name given to the resource Fiduciary Accessories 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 Douglas, James Date A point or period of time associated with an event in the lifecycle of the resource 2019-11-11 Description An account of the resource This article focuses on a relatively unexamined aspect of the life of the late Sir Harry Gibbs: his war service, particularly in and associated with Papua New Guinea, and the influence of that connection on his legal education and some, at least, of his later legal work as a barrister and judge. 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/1545 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/1545/1287 Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 38 No. 1 (2019): The University of Queensland Law Journal; 81-98 1839-289X 0083-4041 Title A name given to the resource Sir Harry Gibbs and Papua New Guinea 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 Raj, Matthew Marshall, Russ Date A point or period of time associated with an event in the lifecycle of the resource 2019-11-11 Description An account of the resource Mobile phones are more than just telephonic devices; they have the capability to store, retrieve and access potentially endless meta-data, including the personal information of an individual and his or her associates. In a landmark decision of 2014, the United States Supreme Court unanimously deemed unconstitutional the warrantless search and seizure of the digital contents of a mobile phone during an arrest. Five years on, in Queensland, the warrantless search by the police of a detained person’s mobile phone can be considered standard investigative procedure. This article examines the legitimacy of existing Queensland police powers to conduct a physical search of a detained person’s mobile phone. The core argument advanced is that, on a spectrum of property capable of being searched, a mobile phone should be considered more akin to a person’s private home than their handbag or wallet. The article highlights the hazards of police searches of mobile phones that are conducted in the absence of an adequate framework of legal control and judicial oversight, and it recommends greater legal safeguards to govern existing police powers to search mobile phones. 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/1547 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/1547/1285 Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 38 No. 1 (2019): The University of Queensland Law Journal; 99-123 1839-289X 0083-4041 Title A name given to the resource Examining the Legitimacy of Police Powers to Search Portable Electronic Devices in 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 Kendall, Sarah Date A point or period of time associated with an event in the lifecycle of the resource 2019-11-11 Description An account of the resource Australia introduced its first espionage offence in 1914. This was repealed in 2002 and replaced with four new offences. Just 16 years later, these offences have again been the subject of legislative change; in June 2018, they were repealed and replaced with 27 new offences. Justifications for the introduction of both the 2002 and 2018 offences were on the grounds that existing offences (relevantly the original 1914 offence or the 2002 offenses) failed to capture modern espionage practices, deter espionage activity and secure convictions. Examination of the original and 2002 offences demonstrated that, in these respects, those offences failed to address espionage used today. The 2018 offences, however, remedy that failure and are therefore necessary to effectively address espionage used in today’s world. Despite this, the broad nature of conduct criminalised by some of the offences raises concerns over criminalisation of conduct that may have an innocent explanation. Further concerns arise over the number and overlapping nature of the new offences. Discussion of these issues may provide useful insights for movements toward law reform in the United Kingdom and other Five Eyes nations. 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/1549 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/1549/1283 Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 38 No. 1 (2019): The University of Queensland Law Journal; 125-162 1839-289X 0083-4041 Title A name given to the resource Australia's New Espionage Laws: Another Case of Hyper-Legislation and Over-Criminalisation 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 Goldsworthy, Daniel Date A point or period of time associated with an event in the lifecycle of the resource 2019-11-11 Description An account of the resource Humanity now possesses the capacity and technology to pursue radical human enhancement, presenting fundamental challenges for the regulation of elite sport. In order to regulate not only performance enhancement, but also human enhancement, the World Anti-Doping Agency must articulate the legitimate public interest of elite sport so as to justify its regulatory mandate to prescribe strict-liability offences. This article argues that the necessary public interest in elite sport is the pursuit of human excellence, passively pursued through the concept of spectatorship. On this basis, a two-limb test is offered to reorient and guide the regulation of enhanced athletes. This conceptual rationale and subsequent test provide clarity where advances in technology increasingly blur the distinction between performance enhancement and human enhancement. 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/1551 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/1551/1281 Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 38 No. 1 (2019): The University of Queensland Law Journal; 163-181 1839-289X 0083-4041 Title A name given to the resource Faster, Higher, Stronger, Upgraded: A Conceptual Basis for the Future Regulation of Elite Sport 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 Chin, Jason Goss, Caitlin Date A point or period of time associated with an event in the lifecycle of the resource 2020-02-18 Description An account of the resource We are very pleased to introduce this special issue of The University of Queensland Law Journal on expert evidence. As many readers will be aware, expert evidence remains a contentious issue both in Australia and abroad. Questions have been raised, for instance, about the reliability of many traditional fields of expert evidence, biases experts may carry with them into court, and the risk of trials transforming into battles of experts. We hope that this special issue contributes to the ongoing discussion. 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/2403 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/2403/1797 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. 38 No. 2 (2019): Special issue on expert evidence; 183-4 1839-289X 0083-4041 10.38127/uqlj.v38i2 Title A name given to the resource Introduction to the Special Issue on Expert Evidence 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 Hamer, David Edmond, Gary Date A point or period of time associated with an event in the lifecycle of the resource 2020-02-18 Description An account of the resource The adversarialist approach to criminal justice places a premium on autonomy, efficiency and finality. It trusts that giving parties control will put reliable comprehensive evidence before the trial court. Where forensic science evidence is involved, this trust is often misplaced, and factual accuracy suffers. Often, prosecution forensic science evidence is of unknown reliability and biased, yet the trial judge stays above the fray and allows its admission, the defence lacks the resources to challenge it successfully, and the jury defers to the expert and convicts. On appeal, the appeal court is wary of challenging the jury verdict and reluctant to allow the defence a recontest with bolstered evidence or a different strategy. Post appeal, the opportunities for correction are more limited still. The adversarialist approach to forensic science evidence has contributed to many wrongful convictions. Courts should adopt a more interventionist and informed approach to forensic science 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/2405 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/2405/1801 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. 38 No. 2 (2019): Special issue on expert evidence; 185-236 1839-289X 0083-4041 10.38127/uqlj.v38i2 Title A name given to the resource Forensic Science Evidence, Wrongful Convictions and Adversarial Process 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 Searston, Rachel Chin, Jason Date A point or period of time associated with an event in the lifecycle of the resource 2020-02-18 Description An account of the resource Legal commentators widely agree that forensic examiners should articulate the reasons for their opinions. However, findings from cognitive science strongly suggest that people have little insight into the information they rely on to make decisions. And as individuals gain expertise, they rely more on cognitive shortcuts that are not directly accessible through introspection. That is to say, the expert’s mind is a black box — both to the expert and to the trier of fact. This article focuses on black box expertise in the context of forensic examiners who interpret visual pattern evidence (eg fingerprints). The authors review black box expertise through the lens of cognitive scientific research. They then suggest that the black box nature of this expertise strains common law admissibility rules and trial safeguards. 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/2407 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/2407/1803 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. 38 No. 2 (2019): Special issue on expert evidence; 237-260 1839-289X 0083-4041 10.38127/uqlj.v38i2 Title A name given to the resource The Legal and Scientific Challenge of Black Box Expertise Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article