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…
In this article, the authors explore the concept of judicial activism and its application in the Australian domestic cases of Australian Capital Television Pty Ltd v Commonwealth and Love v Commonwealth, and in the US case of Obergefell v Hodges. The…
Mobile phones are more than just telephonic devices; they have the capability to store,retrieve and access potentially endless meta-data, including the personal informationof an individual and his or her associates. In a landmark decision of 2014,…
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…
Interest in Australian private international law has rekindled over the past decade. Australian courts are contending with more transnational litigation than ever before, facilitated by the ease with which people, business and information now cross…
Previous research has examined the impact of the match between expert witness gender and the gender-orientation of the case, suggesting that traditional gender-role stereotyping was influencing mock jurors’ decisions. Manipulations of the orientation…
Courts are increasingly called upon to adjudicate hard cases involving questions of social facts. In deciding these matters, in a just and efficient manner according to law, courts will desirably have recourse to social science material and, perhaps…
Alcohol and Other Drug (‘AOD’) use is prevalent in Australia and worldwide, and is frequently a factor in many crimes. Police are often required to assess whether an individual is relevantly intoxicated. This article reviews the current laws and…
The European Convention on Human Rights has given rise to the most extensive and influential case law of any human rights jurisdiction, and the inclusion of an express infectious diseases exception to the right to liberty suggests that its…
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’)…
