262 10 3575 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 Taylor, Greg Date A point or period of time associated with an event in the lifecycle of the resource 2020-05-10 Description An account of the resource From 1890 to 1892, Sir Samuel Griffith, as Premier of Queensland, promoted a scheme under which Queensland would itself have been divided into a federation of initially three provinces — North, Central and South Queensland — and then two provinces, North and South Queensland. This startling idea would certainly have changed the map of Australia, probably permanently. At least at some points, the idea was expressed that each province would enter the Australian federation as a separate State and the Queensland federal government would simply be dissolved upon federation. The Bill to divide Queensland into a federation of two provinces passed the lower House of State Parliament but was defeated in the nominee Legislative Council. It then fell victim to the change of government consequent upon Griffith’s appointment as Chief Justice of Queensland, to the urgent problems presented by the economic depression, and even, from the conservative point of view, to the rise of labour in politics. Little has been known about this nearly successful plan until now. This article attempts to close that gap. 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/3889 10.38127/uqlj.v39i1.3889 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/3889/3391 10.38127/uqlj.v39i1.3889.g3391 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. 1 (2020): The University of Queensland Law Journal; 33-83 1839-289X 0083-4041 10.38127/uqlj.v39i1 Title A name given to the resource The Three Queenslands: Sir Samuel Griffith's 'Ghost' Draft for a Queensland Federation 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 Ghori, Umair Date A point or period of time associated with an event in the lifecycle of the resource 2020-05-10 Description An account of the resource Export controls are gradually emerging as a source of contention within the World Trade Organisation (‘WTO’) law. Resource-exporting developing countries are increasingly finding it difficult to reserve the use of commodities and mineral resources for domestic purposes and downstream development due to the obligations imposed by the General Agreement on Tariffs and Trade (‘GATT’) framework and WTO law. The problem is further exacerbated by the unclear guidelines and the overwhelming import-orientation of the provisions regulating international trade within the GATT/WTO framework. This article synthesises three important lessons that can be gleaned by policymakers from GATT/WTO jurisprudence in the construction of export controls in order to avoid a hostile response from other WTO Members concerned about equitable and free access to resources. The article argues that, as things stand today, GATT provisions leave little room for policymakers to prefer budding domestic sectors. Any preferential policies that seek inward diversion of resources will most likely attract a challenge in the WTO Dispute Settlement Body. 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/3891 10.38127/uqlj.v39i1.3891 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/3891/3393 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. 1 (2020): The University of Queensland Law Journal; 85-115 1839-289X 0083-4041 10.38127/uqlj.v39i1 Title A name given to the resource Three Lessons on the Construction of Export Controls Under WTO 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 Taylor, Paul Date A point or period of time associated with an event in the lifecycle of the resource 2020-05-10 Description An account of the resource The recent Review of Freedom of Speech in Australian Higher Education Providers (‘the Review’), overseen by the Hon Robert French AC, identified areas for improving freedom of speech and academic freedom, and to that end proposed the adoption of umbrella principles embedded in a Model Code. The Review’s engagement with international human rights law standards was confined, even though many are binding on Australia. As universities consider implementing the Review’s recommendations, this article reflects on the Model Code in the light particularly of  the standards established by the International Covenant on Civil and Political Rights (‘ICCPR’). If the drafters of the Model Code had paid closer regard to the ICCPR and other international standards, the result may have been a scheme that more clearly and predictably distinguishes permissible from impermissible restriction on free speech and academic freedom, and gives greater priority to promoting the human rights of those in the academic community than to the institutional power to limit them. 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/3893 10.38127/uqlj.v39i1.3893 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/3893/3395 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. 1 (2020): The University of Queensland Law Journal; 117-146 1839-289X 0083-4041 10.38127/uqlj.v39i1 Title A name given to the resource Thinking Allowed in the Academy: International Human Rights Law and the Regulation of Free Speech and Academic Freedom under the ‘Model Code’ 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 McKibbin, Sarah Date A point or period of time associated with an event in the lifecycle of the resource 2020-05-10 Description An account of the resource 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 borders. 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/3897 10.38127/uqlj.v39i1.3897 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/3897/3397 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. 1 (2020): The University of Queensland Law Journal; 147-152 1839-289X 0083-4041 10.38127/uqlj.v39i1 Title A name given to the resource Commercial Issues in Private International law: A Common Law Perspective Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Book review 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 Aitken, Lee Date A point or period of time associated with an event in the lifecycle of the resource 2020-05-10 Description An account of the resource This eponymous book on the general part of the law of contract will be the standard Australian work for some time to come. It aims to provide a guide to that legion of legal readers ‘who are searching for basic statements of contract 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/3899 10.38127/uqlj.v39i1.3899 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/3899/3399 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. 1 (2020): The University of Queensland Law Journal; 152-156 1839-289X 0083-4041 10.38127/uqlj.v39i1 Title A name given to the resource Heydon on Contract Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Book review 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 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 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 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 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