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,…
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.…
In late July 2021, we conducted a survey of attitudes to human rights in Queensland, as well as to the new Human Rights Act 2019 (Qld). Our empiric research questions include: what are community attitudes to human rights; how do people perceive the…
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…
This article considers the role of the excuse of mistake of fact in Queensland rape and sexual assault law. We argue that the excuse has undesirable and socially regressive consequences by allowing reference to factors such as the complainant’s…
Opposition to collective action on climate change takes at least two forms. Some people deny that climate change is occurring or that it is due to human activity. Others maintain that, even if climate change is occurring, we have no duty to do…
This article considers the hazards posed by marine stingers (notably Irukandjis) to recreational divers and snorkelers through the lens of Queensland’s unique workplace health and safety regulatory regime. The sustainability of diving and snorkelling…
The Civil Liability Acts place significant limitations and caps on the damages that are recoverable for claims caught by those Acts or relevant parts thereof. Such limitations and preclusions significantly impact on what were plaintiffs’ existing…
This article focuses on a relatively unexamined aspect of the life of the late Sir HarryGibbs: his war service, particularly in and associated with Papua New Guinea, and theinfluence of that connection on his legal education and some, at least, of…
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…
