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Australian Law During COVID-19 新冠肺炎期间的澳大利亚法律
The University of Queensland law journal Pub Date : 2022-08-29 DOI: 10.38127/uqlj.v41i2.5943
B. Bennett, B. Lewis, E. Dickson, Shih-Ning Then, Kelly Purser
{"title":"Australian Law During COVID-19","authors":"B. Bennett, B. Lewis, E. Dickson, Shih-Ning Then, Kelly Purser","doi":"10.38127/uqlj.v41i2.5943","DOIUrl":"https://doi.org/10.38127/uqlj.v41i2.5943","url":null,"abstract":"This article focuses on the interests of older Australians during the COVID-19 pandemic. It analyses the implications of the pandemic for older Australians from a human rights perspective, recognising the need to understand ageing as a process that occurs throughout life. Although we focus on the interests of older Australians, defining what is meant by ‘older’ can be challenging. Furthermore, there are complex social discourses around ageing. While there is no Convention on the Rights of Older Persons, international human rights law is relevant to the rights of older persons. We analyse international human rights law, Australian human rights law, and Australian antidiscrimination law in terms of their relevance to the rights of older persons in the context of the COVID-19 pandemic. With social distancing a key feature of the pandemic, we also consider the impact of social isolation on older persons and the potential for technology to assist in overcoming social isolation. Finally, we analyse current Australian laws relating to participation of individuals in research where capacity has been lost or is diminishing. \u0000 ","PeriodicalId":83293,"journal":{"name":"The University of Queensland law journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45509008","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Pairing International Taxation and Conflict of Laws: Common Challenges and Reciprocal Lessons 国际税收配对与法律冲突：共同挑战与相互借鉴
The University of Queensland law journal Pub Date : 2022-08-15 DOI: 10.38127/uqlj.v41i2.6109
Sagi Peari, Nolan Sharkey
{"title":"Pairing International Taxation and Conflict of Laws: Common Challenges and Reciprocal Lessons","authors":"Sagi Peari, Nolan Sharkey","doi":"10.38127/uqlj.v41i2.6109","DOIUrl":"https://doi.org/10.38127/uqlj.v41i2.6109","url":null,"abstract":"This article explores the relationship between two legal fields which represent the legal backbone of contemporary cross-border and Internet commercial activity: conflict of laws and international taxation. Despite the growing significance of the two fields of law, legal scholarship has yet to explore their intriguing relationship. Which state can levy tax on a multi-billion-dollar Delaware (US) corporation with headquarters in London (UK) that sells $500,000,000 worth of products to Australian consumers each year? Which law should adjudicate an online contract between a NSW corporation and a German corporation, signed online and addressing the delayed delivery of goods in Brazil due to the coronavirus outbreak? Despite the paramount significance of both disciplines, their traditional underpinnings appear to be fundamentally challenged and pressed by the realities of COVID-19, dynamic commerce and the digital environment. Our cross-disciplinary partnership aims to design a unifying conceptual framework that captures the essentials of both disciplines. Through reciprocal lessons, this framework will help address the uncertainty in both disciplines.","PeriodicalId":83293,"journal":{"name":"The University of Queensland law journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46471143","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
A Review of the New Legislative Definition of Consent in Queensland 昆士兰同意的新立法定义述评
The University of Queensland law journal Pub Date : 2022-08-09 DOI: 10.38127/uqlj.v41i2.6133
James Duffy, Kelley Burton
{"title":"A Review of the New Legislative Definition of Consent in Queensland","authors":"James Duffy, Kelley Burton","doi":"10.38127/uqlj.v41i2.6133","DOIUrl":"https://doi.org/10.38127/uqlj.v41i2.6133","url":null,"abstract":"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.","PeriodicalId":83293,"journal":{"name":"The University of Queensland law journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42845624","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Access to Anthropological Evidence and Documents Created in Native Title Litigation 获取原住民所有权诉讼中创建的人类学证据和文件
The University of Queensland law journal Pub Date : 2022-08-03 DOI: 10.38127/uqlj.v41i2.6081
A. Moss
{"title":"Access to Anthropological Evidence and Documents Created in Native Title Litigation","authors":"A. Moss","doi":"10.38127/uqlj.v41i2.6081","DOIUrl":"https://doi.org/10.38127/uqlj.v41i2.6081","url":null,"abstract":"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. ","PeriodicalId":83293,"journal":{"name":"The University of Queensland law journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47183041","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Legality of Calf Roping in Australia 澳大利亚套小牛的合法性
The University of Queensland law journal Pub Date : 2022-05-02 DOI: 10.38127/uqlj.v41i1.6481
Morgan Stonebridge
{"title":"The Legality of Calf Roping in Australia","authors":"Morgan Stonebridge","doi":"10.38127/uqlj.v41i1.6481","DOIUrl":"https://doi.org/10.38127/uqlj.v41i1.6481","url":null,"abstract":"Public concern for the welfare of animals used in rodeo events is growing. Much of this concern is directed at the event of calf roping, an event that involves chasing, lassoing and throwing a calf to the ground. In all Australian jurisdictions, pain inflicted on animals is subject to a requirement that the pain not be unjustifiable or unnecessary. Typically, pain caused to animals can be justified if it provides human benefit. Legislatures in Australian states and territories have excluded calf roping from this assessment, which to some extent implies that the practice meets the standard. Accordingly, this article utilises the Ford v Wiley proportionality test to determine whether the harm inflicted on calves is justified in the light of the purported benefits of the practice. It argues that the harm caused is not proportionate to the benefits and, as a result, that all Australian jurisdictions should explicitly prohibit the practice.","PeriodicalId":83293,"journal":{"name":"The University of Queensland law journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46903867","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
Navigating Dual Legal Systems 驾驭双重法律体系
The University of Queensland law journal Pub Date : 2022-05-02 DOI: 10.38127/uqlj.v41i1.6483
Brooke Thompson
{"title":"Navigating Dual Legal Systems","authors":"Brooke Thompson","doi":"10.38127/uqlj.v41i1.6483","DOIUrl":"https://doi.org/10.38127/uqlj.v41i1.6483","url":null,"abstract":"This article explains the distinctive nature of Islamic inheritance law and considers the extent to which Muslim residents in Australia can assimilate their faith-based obligations with their country-based obligations in matters of inheritance. The article identifies conflict in the Islamic and Australian intestacy rules and sets out three ways that Muslims can manage this conflict. The article considers the scope for, and feasibility of, the execution of Islamic wills in Australia to demonstrate how they assist Muslims to comply with their religious inheritance obligations. While there is no manifest inadequacy in the current legal framework that impedes Muslims from maintaining an Islamic inheritance, the article establishes two instances where Muslims remain at a disadvantage and adds to calls for reform in the area of family provision.","PeriodicalId":83293,"journal":{"name":"The University of Queensland law journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45254944","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Breathing Life into the Human Rights Act 2019 (Qld) 《为2019年人权法案注入活力》(昆士兰州)
The University of Queensland law journal Pub Date : 2022-03-03 DOI: 10.38127/uqlj.v41i1.6351
K. Blore, Brenna Booth-Marxson
{"title":"Breathing Life into the Human Rights Act 2019 (Qld)","authors":"K. Blore, Brenna Booth-Marxson","doi":"10.38127/uqlj.v41i1.6351","DOIUrl":"https://doi.org/10.38127/uqlj.v41i1.6351","url":null,"abstract":"Much of the work of government is carried out by public servants with the assistance of lawyers. Because the Human Rights Act 2019 (Qld) (‘Human Rights Act’) is intended to change the way government works, it also has consequences for the way public servants and lawyers carry out the work of government. This article explores the impact of the Human Rights Act on the ethical duties of public servants to give frank advice and to implement policy decisions faithfully, as well as the ethical duty of lawyers to act in their client’s best interests. While the Human Rights Act brings a new rigour to the frank advice that public servants must give, they must still respect the ultimate decision of the government of the day. Similarly, the Human Rights Act brings lawyers closer to the edge of legal and policy advice, but this article puts forward a ‘supervisory’ approach as one way that lawyers can avoid straying too far into policy development and debate. The Human Rights Act breathes new life into old ethical duties by reminding us of the importance of candour and fidelity. Equally, frank advice and collaboration between lawyers and policy officers breathe life into the ambition of the Human Rights Act. ","PeriodicalId":83293,"journal":{"name":"The University of Queensland law journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48087834","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Aboriginal and Torres Strait Islander Peoples, Law Reform and the Return of the States 土著和托雷斯海峡岛民、法律改革和国家回归
The University of Queensland law journal Pub Date : 2022-03-03 DOI: 10.38127/uqlj.v41i1.6353
Dani Larkin, H. Hobbs, Dylan Lino, A. Maguire
{"title":"Aboriginal and Torres Strait Islander Peoples, Law Reform and the Return of the States","authors":"Dani Larkin, H. Hobbs, Dylan Lino, A. Maguire","doi":"10.38127/uqlj.v41i1.6353","DOIUrl":"https://doi.org/10.38127/uqlj.v41i1.6353","url":null,"abstract":"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. ","PeriodicalId":83293,"journal":{"name":"The University of Queensland law journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44353522","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Should Judges Join In? A Normative Study of Joint Judgments in Selected Australian Intermediate Appellate Courts 法官应该加入吗？澳大利亚中级上诉法院联合判决规范性研究
The University of Queensland law journal Pub Date : 2022-02-01 DOI: 10.38127/uqlj.v40i3.6241
James Anthony John Dunn
{"title":"Should Judges Join In? A Normative Study of Joint Judgments in Selected Australian Intermediate Appellate Courts","authors":"James Anthony John Dunn","doi":"10.38127/uqlj.v40i3.6241","DOIUrl":"https://doi.org/10.38127/uqlj.v40i3.6241","url":null,"abstract":"In the light of both the Chief Justice of the High Court of Australia Susan Kiefel’s extra-judicial comments on the ‘institutional responsibility’ of appellate courts to decide cases by joint judgment where possible, and literature that indicates an increase in the expression of reasons through joint judgment in the High Court of Australia since the beginning of former Chief Justice Robert French’s tenure, there has been much debate on the desirability of joint judgments. In this article, I present empirical information on selected New South Wales and federal intermediate appellate court judgment writing practices from 2009 to 2019. I do so to address former President of the New South Wales Court of Appeal Margaret Beazley’s ‘dalliance on a curiosity’1 concerning both joint judgment trends and whether Australian intermediate appellate courts should, given the example set by certain Justices of the High Court, preference joined reasons to separate individual concurrences. ","PeriodicalId":83293,"journal":{"name":"The University of Queensland law journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43100511","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Foreword to UQLJ Special Edition on Climate Change, the Law and Legal Education 《气候变化、法律和法律教育特别版》前言
The University of Queensland law journal Pub Date : 2022-02-01 DOI: 10.38127/uqlj.v40i3.6237
Ben Batros
{"title":"Foreword to UQLJ Special Edition on Climate Change, the Law and Legal Education","authors":"Ben Batros","doi":"10.38127/uqlj.v40i3.6237","DOIUrl":"https://doi.org/10.38127/uqlj.v40i3.6237","url":null,"abstract":"Few people reading this will need reminding of the challenge that climate change poses. The need for urgent action to address climate change is clear. While law cannot solve the climate crisis, lawyers can and must play an important part in our response.","PeriodicalId":83293,"journal":{"name":"The University of Queensland law journal","volume":"43 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70189916","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
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