Gray on "The Liability of Search Engines and Tech Companies in Defamation Law"

Professor Anthony Gray of the USQ School of Law and Justice has published a new article in Volume 27(1) of the Tort Law Review.  The article is titled The Liability of Search Engines and Tech Companies in Defamation Law.  Here is the abstract:

"In this second in a series of three articles, I consider another possible substantive change to the law of defamation, that relating to the liability of tech companies such as search engines for defamatory material. It is argued here that tech companies which merely allow others to access conduct created by another should not generally be regarded as publishers for the purposes of defamation law. The focus will be on the possible liability of search engines for such liability, given that internet service providers are provided some explicit statutory protection from such actions. The principles discussed would also be applicable to cases where it is claimed that those operating a public Facebook page are liable in defamation for material posted to that page by others, which is the subject of current Australian litigation."

Hemming on "Criminal Procedure in Australia"

Dr. Andrew Hemming, a Senior Lecturer in the USQ School of Law and Justice, has co-authored the second edition of Criminal Procedure in Australia.  The book is published by LexisNexis.  Here is the publisher's description:

"This important text combines commentary with primary sources to provide a contextualised approach to the legal principles underpinning criminal procedure in Australia. It offers a unified and comprehensive analysis of the law relating to policing, criminal prosecutions, pre-trial and trial issues, sentencing and criminal appeals. In addition, the book examines the extensive Commonwealth and state and territory legislation and case law in the fields of police investigation and Crown prosecutor’s powers and duties across all jurisdictions.

The fully revised and extensively updated second edition includes developments in search and seizure, criminal infringement notices, and reforms in the areas of bail, committals and early guilty pleas, jury directions and sentencing (including expansion of Intensive Correction Orders in NSW). Important new cases include North Australian Aboriginal Justice Agency Ltd v Northern Territory (2015, HCA) — detention of intoxicated persons; Prior v Mole (2017, HCA) — reasonable suspicion; Lee v NSW Crime Commission (2013, HCA); Strickland v DPP (Cth) (2018, HCA) — permanent stay of prosecution; Kalbasi v Western Australia (2018, HCA) — the proviso; Rodi v Western Australia (2018, HCA) — fresh evidence; AB v CD (2018, HCA) — prosecutor's duty of disclosure; Pell v R (VSCA, 2019) – unreasonableness appeal ground; and DPP Reference No 1 of 2017 (2019, HCA) – Prasad directions.

This comprehensive and accessible book is of practical assistance to practitioners, police, prosecutors and anyone involved or interested in the criminal prosecution process, while the contextualised and critical approach to legal doctrine provides academics, students and researchers with reliable guidance in this complex area."

Gray on "Defamation Law Reform in Australia: The Multiple Publication Rule"

Professor Anthony Gray of the USQ School of Law and Justice has recently published a new article in Volume 27(1) of the Tort Law Review  titled "Defamation Law Reform in Australia: The Multiple Publication Rule." Here is the abstract:

"Australian Attorneys-General are currently conducting a major review into the law of defamation. Australia’s uniform defamation laws were enacted in 2005, and much has changed in the past generation in the media and publishing landscape. This is the first of three articles that will consider possibilities for substantive reform of defamation law. This article will suggest that Australia should abandon the multiple publication rule, whereby a new cause of action and new limitation period generally applies on each occasion that defamatory material is “published”. Other jurisdictions have reformed this rule, and it is argued that Australian law should do the same." 

Zhao on "Contemporary Australian Tort Law"

Dr. Bob Zhao, a Lecturer at the USQ School of Law and Justice, has co-authored a new textbook from Cambridge University Press called  Contemporary Australian Tort Law.  Here is the publisher's summary:

"Contemporary Australian Tort Law is an engaging, accessible and student-friendly introduction to the law of torts in Australia. This unique text presents the foundational topics of tort law in a logical way, covering duty of care, breaches, negligence, damages and defences, as well as higher level topics such as defamation and offences in public office."

Gray on "The First Amendment to the United States Constitution and the Implied Freedom of Political Communication in the Australian Constitution"

Professor Anthony Gray of the USQ School of Law and Justice has published a new article in Volume 48(3) of the Common Law World Review.  The article is titled The First Amendment to the United States Constitution and the Implied Freedom of Political Communication in the Australian Constitution.  Here is the abstract:

"This article suggests that the Australian High Court might usefully utilize more of the First Amendment jurisprudence than it has done so to date. After a succinct summary of the Australian implied freedom and First Amendment case law, it documents cases in which the Australian High Court has either utilised, or not utilised, First Amendment case law. It suggests specific instances in which the Australian case law might utilize some of the American doctrine, and responds to suggestions that the American case law is not applicable to the Australian constitutional context."

Young on "The Increments of Justice: Exploring the Outer Reach of Akiba’s Edge Towards Native Title ‘Ownership'

Professor Simon Young of the USQ School of Law and Justice has published a new article in the University of New South Wales Law Journal.   "The Increments of Justice: Exploring the Outer Reach of Akiba's Edge Towards Native Title 'Ownership'" has the following abstract:

"The Torres Strait regional sea claim, culminating in the High Court decision of Akiba v Commonwealth, signalled a new respect for the holistic relationships and dominion that underlay First Peoples’ custodianship of land and waters. The ‘Akiba correction’ centred upon a distinction between ‘underlying rights’ and specific exercises of them – and produced in that case a surviving right to take resources for any purpose (subject to current regulation). The correction emerged from extinguishment disputes, but the significance of this edge towards ‘ownership’ was soon evident in ‘content’ cases on the mainland. Yet there are new challenges coming in the wake of Akiba. What of the many native title determinations that have been settled or adjudicated on pre-Akiba thinking? And what does this renaissance in native title law offer to the communities that will fail (or have failed) the rigorous threshold tests of continuity – also crafted with the older mindset?"

Collins on "The Military as a Separate Society: Consequences for Discipline in the United States and Australia"

Professor Pauline Collins of the USQ School of Law and Justice has published a new book with Lexington Press.  The book is titled The Military as a Separate Society: Consequences for Discipline in the United States and Australia.  Here is the publisher's summary:

"The exercise of public power by the military in civilian Western democracies such as Australia and the United States demonstrates a tendency toward diminished responsibility for moral behavior. Pauline Collins argues that a different system of military criminal investigation and discipline outside the civilian justice system enables the military to operate like a coterie and can lead to a failure in the requisite moral standard of behavior required of military personnel and maintaining civilian institutional control. Collins argues that the justifications for separate treatment weakens both the military reputation and the practice of civilian control of the military as well as leading to an overall decline in morality and values in a democratic society."