Hemming on 'Civil Procedure'

Associate Professor Andrew Hemming of the University of Southern Queensland School of Law and Justice has co-written (along with Hugh Zillmann) the new third edition of Civil Procedure (LexisNexis, 2025), part of the publisher's Question & Answers series.  Here is the publisher's description:

"LexisNexis Questions and Answers: Civil Procedure is designed to facilitate both continuous review and preparation for examinations. Civil procedure rules are presented a way that develops an academically rigorous understanding of this complex area of legal practice and enhances the reader’s ability to apply this knowledge in real world client-based situations. It provides a clear and systematic approach to analysing and answering problem and exam questions. Each chapter commences with a summary of the relevant law and key issues. A suggested answer plan, a sample answer and comments on how the answer might be assessed by an examiner are provided for each question. The authors also offer advice on common errors to avoid when answering the problems.

In this third edition, the commentary has been updated throughout with reference to recent decisions of the State courts and Federal Court of Australia around the process of commencing actions, pleading claims and taking action to dispose of proceedings early, either by application or negotiated compromise. Emphasis is placed upon the evolving role of the Federal Court of Australia and recent Practice Notes facilitating the increasing role of that court in civil dispute resolution, including recent changes to the processes of that court. New questions have been added, such as on the options available to judgment creditors to protect their interests; the costs options available to a court when there are multiple parties; and the range of matters related to alternative dispute resolution in which lawyers may become involved and why ADR is no longer optional."

Karim on ‘Impacts of Climate Change on Bangladesh: International Legal Discourses and National Legal Responses'

Professor Md Saiful Karim of the University of Southern Queensland School of Law and Justice has co-written a new paper titled 'Impacts of Climate Change on Bangladesh: International Legal Discourses and National Legal Responses'.  The paper is published as a chapter in Md Mahatab Uddin (ed) International Law, Climate Change and Bangladesh (Springer, 2024).  Here is the abstract:

"This introductory chapter explores the profound impacts of climate change on Bangladesh. It begins by identifying various adverse impacts of climate change, including the increased frequency of extreme weather events, sea-level rise, and threats to food and water security. It examines the interplay between the law of the sea and climate law as an example of how legal regimes interconnect. This chapter argues that climate change is already a reality in Bangladesh. This country bears a disproportionate burden of the impacts of climate change. International climate law should address this unequal distribution of burden, particularly in adaptation as well as loss and damage-related discussions. It advocates for integrating the principle of equity in global and national climate actions to ensure climate justice. It urges the upholding of the rights of nature and the promotion of sustainable development. This chapter also summarises the book’s six parts and 20 chapters, providing an overview of the comprehensive legal and policy responses to climate change discussed throughout the book, highlighting Bangladesh’s unique challenges and legal strategies."

Karim on 'Piracy and Maritime Terrorism Involving Autonomous Ships’

Professor Md Saiful Karim of the University of Southern Queensland School of Law and Justice has published a new paper titled 'Piracy and Maritime Terrorism Involving Autonomous Ships'.  The paper appears as a chapter in Natalie Klein, Douglas Guilfoyle, Md Saiful Karim, Rob McLaughlin (eds) Maritime Autonomous Vehicles and International Law: Maritime Security Perspectives (Routledge, 2025).  Here is the abstract:

"Maritime violence using autonomous or remotely controlled ships has been increasing in recent years. This shift has raised concerns regarding the adequacy of the international legal framework for combating piracy and maritime terrorism where such crimes involve autonomous or remotely controlled ships (MASS). The International Maritime Organization’s regulatory scoping exercise did not involve a comprehensive analysis of the implications of autonomous or remotely controlled ships for the international law on piracy and maritime terrorism. That exercise instead concluded that there are no significant legal issues in respect to maritime security for MASS, particularly as regards the 1988 Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation. The law on piracy was not considered at all. Nonetheless, the legal issues relating to piracy and maritime terrorism arising from autonomous ships warrant scrutiny. The economic and human costs of reactive law-making are illustrated by the Achille Lauro incident, which later led to the creation of the first maritime terrorism convention. Waiting for a similar major piracy or terrorism incident involving an autonomous ship before embarking on a comprehensive examination of the relevant international law relating to piracy and maritime terrorism is deeply fraught. Against this background, this chapter examines the implications of autonomous ships for the laws of piracy and maritime terrorism."

Crowe on 'Pseudolaw, Folk Law and Natural Law: How to Tell the Difference’

Professor Jonathan Crowe of the University of Southern Queensland School of Law and Justice has published a new paper titled 'Pseudolaw, Folk Law and Natural Law: How to Tell the Difference'.  The paper appears as a chapter in the edited collection Pseudolaw and Sovereign Citizens (Hart, 2025) (edited by Harry Hobbs, Steven Young and Joe McIntyre).  Here is a description:

"Pseudolaw presents false or distorted, but superficially plausible claims about legal doctrine. It is a dangerous and costly social phenomenon, with the potential to undermine social cohesion and the rule of law. Pseudolaw is dangerous, in part, because it is easily confused with two other phenomena that play important and legitimate, albeit widely overlooked, roles in legal processes: namely, folk law and natural law. This paper explicates the concepts of folk law and natural law, including their relationship to positive law and their place in legal decision-making. It distinguishes these concepts from pseudolaw, while also explaining why they tend to be conflated with it. I argue that folk law and natural law, properly understood, are crucial components of social cohesion and the rule of law; pseudolaw is harmful partly because it obscures and distorts the proper task of these notions in supplementing positive legal enactments."

Karim on 'Maritime Law Enforcement in the Era of Autonomous Ships: Use of Force and Safeguards'

Professor Md Saiful Karim of the University of Southern Queensland School of Law and Justice has co-authored a new paper titled 'Maritime Law Enforcement in the Era of Autonomous Ships: Use of Force and Safeguards'.  The paper appears as a book chapter in the edited collection Maritime Autonomous Vehicles and International Law: Maritime Security Perspectives (Routledge, 2025).  Here is the abstract:

"This chapter deals with the role of maritime autonomous vehicles (MAVs) in the context of law enforcement operations that may involve the use of force. In such a context, any deployment of MAVs must first adhere to the existing jurisdictional parameters under both UNCLOS and other international treaties that regulate this conduct. These jurisdictional limits concern what law enforcement powers may be exercised where, over what activities, and in relation to what vessels or which persons. Secondly, if the operation of MAVs for law enforcement purposes involves the use of force, legal requirements resulting from both the rules on the use of force and international human rights instruments must be observed. These rules vary, depending on the degree of autonomy of the MAV deployed, the specific location where a maritime law enforcement operation is carried out, and the way in which a MAV used for a law enforcement operation affects the persons on board the controlled vessels. While jurisprudence of different human rights courts and bodies provides some guidance for states in discerning when they must uphold international human rights obligations when operating at sea, this chapter argues that the pertinent standards cannot be considered fully settled, and the deployment of MAVs will require further refinement as to when states must either act or refrain from acting so as to protect international human rights."

Karim on 'Integrating Sustainable Development Goals in the Law Curriculum: Legal Education for “People, Planet, and Prosperity"'

Professor Md Saiful Karim of the University of Southern Queensland School of Law and Justice has co-authored a new journal article titled 'Integrating Sustainable Development Goals in the Law Curriculum: Legal Education for "People, Planet, and Prosperity"'.  The article appears in Volume 12 of the Belmont Law Review.  Here is the abstract:

"Understanding the multifaceted relationship between Sustainable Development Goals (SDGs) and law is important for law educators and students, as the SDGs encapsulate diverse legal aspects beyond environmental concerns, spanning economic, social, and human rights dimensions. The achievement of many SDGs hinges on a robust legal framework, necessitating legal education to encompass the direct and indirect connections between the SDGs and law. This Article underscores the imperative of incorporating SDGs into legal education, aiming to familiarize students with the principles, challenges, and relevance of SDGs for future legal practice. It proposes strategies for seamlessly integrating SDGs knowledge into the law curriculum without disrupting the existing syllabus and emphasizes the crucial influence of SDGs on legal education. Focusing on professional law degrees like Bachelor of Laws (LLB) and Juris Doctor (JD), this Article presents case studies illustrating SDGs education in selected core and optional subjects taught in law schools. It stresses the necessity of cultivating SDGs awareness among law academics and students to enhance their expertise and underscores the transformative impact on the development of legal education. Finally, this Article argues that blending SDGs into the law curriculum is essential for ensuring meaningful legal reform and preparing the next generation of lawyers to contribute to a just and equitable world by addressing cross-cutting issues in various areas of law."

Karim on 'Maritime Autonomous Vehicles and International Law: Maritime Security Perspectives'

Professor Md Saiful Karim of the University of Southern Queensland School of Law and Justice has co-edited a new collection titled Maritime Autonomous Vehicles and International Law: Maritime Security Perspectives (Routledge, 2025).  Here is the publisher's summary:

"Maritime autonomous vehicles (MAVs) have the potential to radically alter all uses of maritime space, with technology progressing faster than the law. This book explores the current international legal framework and the options available to regulate maritime security in the face of emerging technologies.

MAVs are starting to play a role not only in policing and military security but also for the perpetration of maritime crimes. Through discussing the existing international legal framework for combating maritime security threats, the book will consider the use of MAVs by states for various security purposes and the potential dangers of MAVs in the hands of non-state actors. As the intersection of maritime technology with international maritime security law is crucial to a safe future for all, this timely book makes essential suggestions to adapt existing legal frameworks to match emerging technologies. Addressing critical questions such as who exercises jurisdiction when ships are remotely controlled, how jamming technology may be lawfully deployed and what force may be permissible during maritime law enforcement, this book identifies a diversity of current legal gaps and problems and makes suggestions as to how to rectify them.

This book will be of interest to students and scholars in the field of the law of the sea, maritime security and emerging technologies."

Young and Smith on ‘Who Built This Fence? Regenerating Faculty Landscapes for Lasting Educational Reform'

Professor Simon Young and Kirstie Smith of the University of Southern Queensland School of Law and Justice have published a new paper titled 'Who Built This Fence? Regenerating Faculty Landscapes for Lasting Educational Reform'.  The article appears as a book chapter in Nicole Watson and Heather Douglas (eds), Legal Education through an Indigenous Lens: Decolonising the Law School (Routledge, 2024).  Here is the abstract:

"This chapter offers tactics to address obstacles to incorporating Indigenous knowledge and building First Nations student support at a young regional law school. Viewing structural reform as a critical early step in achieving sustainable pedagogical advances, the chapter proposes means of breaking institutions away from the old exclusionary habits of law and education by advocating for changes to be made at the grassroots level. The chapter discusses a range of methods for these purposes: building relevant connections and reciprocal collaborations (with communities, the profession, alumni and other parts of the university); collecting and curating resources; ensuring First Nations’ visibility in physical and digital spaces; illustrating a sustained commitment to First Nations issues in public lectures and seminars; identifying new pathways and opportunities for students; embracing the inter-disciplinary nature of many First Nations issues; and understanding where expert First Nations advice and leadership are required."

Crowe on 'Injustice and the Moral Obligation to Obey the Law'

Professor Jonathan Crowe of the University of Southern Queensland School of Law and Justice has published a new paper titled 'Injustice and the Moral Obligation to Obey the Law'.  The paper appears as a book chapter in Coel Kirkby, Wojciech Sadurski, and Kevin Walton (eds), Law, Politics and Responding to Injustice (Routledge, 2025).  Here is the abstract:

"It is commonly thought that injustice undermines the moral obligation to obey the law. However, injustice is ubiquitous in legal and social institutions. Does the ubiquity of injustice therefore entail philosophical anarchism? The present chapter responds to this problem by advancing a multilayered account of the moral obligation to obey the law. According to this theory, the moral obligation to obey a law depends upon three primary factors: the law’s salience as a mode of social coordination, its reasonableness, and its capacity to promote common goods. The ubiquity of injustice, on this view, does not entail philosophical anarchism. Some deeply unjust laws are incapable of imposing moral obligations because they fail on these three criteria. However, other unjust laws may be salient and even reasonable modes of promoting common goods. Governments can—and often do—employ coercive and manipulative measures to bootstrap unjust laws into moral obligations. This kind of moral manipulation constitutes a serious and understudied form of moral harm inflicted by governments on their subjects."

Braun on 'A Tale of Podcasts and DNA Lab Failures – Was Queensland's Double Jeopardy Law Reform the Answer?'

Professor Kerstin Braun of the University of Southern Queensland School of Law and Justice has published a new article titled 'A Tale of Podcasts and DNA Lab Failures -- Was Queensland's Double Jeopardy Law Reform the Answer?'  The article appears in Volume 47(3) of the Criminal Law Journal.  Here is the abstract:

"The double jeopardy rule protects persons from being tried and punished twice for the same offence. In Queensland, limited exceptions to this rule have been in operation since 2007. For example, an acquitted person can be retried for murder, where there is “fresh and compelling evidence”, and the re-trial is in the interests of justice. In 2023, after the discovery of DNA testing failures at a state-run Queensland forensic DNA laboratory, the Queensland government introduced a bill expanding these exceptions to additional offences. The bill became law in March 2024. This article ponders whether double jeopardy law reform was needed to respond to the DNA lab shortfalls. It considers the problem, how the new double jeopardy law reform responds to it and whether the introduced law is an appropriate remedy."

Hemming on 'Did They Do It? Six Notorious Australian Murder Trials'

Associate Professor Andrew Hemming of the University of Southern Queensland School of Law and Justice has published a new book titled Did They Do It? Six Notorious Australian Murder Trials (LexisNexis, 2024).  Here is the publisher's description:

"In this engaging and insightful book, a leading expert in criminal law and procedure and evidence examines the trials of the accused in six high-profile Australian murder cases.

The author explores the matching of court room procedure to the evidence, considering the procedural, evidential and tactical decisions taken in each case, so that the reader has a better understanding of the significance of the choices made by counsel representing the Crown and the defendant during the trial process and how these choices may have affected the verdict. It also discusses the crimes with which each defendant was charged, the impact of delays, police investigations, media coverage, expert evidence, and judicial decisions leading to the final outcomes for each of the accused.

The six cases discussed were all subject to appeals – some successful and others not – and the book explains for the general reader why some appeals were upheld and others dismissed."

Braun on ‘Is the Time Right to Enact Autonomy-Only Assisted Dying Laws?’

Professor Kerstin Braun of the University of Southern Queensland School of Law and Justice has published a new article titled 'Is the Time Right to Enact Autonomy-Only Assisted Dying Laws?'  The article appears in Volume 31(3) of the Journal of Law and Medicine.  Here is the abstract:

"An increasing number of jurisdictions worldwide have enacted assisted dying laws allowing persons to end their lives with assistance. All existing frameworks have in common that they restrict access to persons who (1) act autonomously and (2) suffer from certain illnesses. The second restriction has been criticised on the basis that it makes judgments about which lives are worth living by only allowing persons with specific medical conditions, but not others, to die with assistance. To avoid such judgments, some scholars endorse an autonomy-only view which requires autonomy as the only necessary condition for assisted dying. After considering the criticism the second access restriction has attracted, this article analyses the complexities of enacting autonomy-only assisted dying laws using Germany as a case study. It concludes that the challenges this approach faces in practice will likely prevent autonomy-focused assisted dying frameworks from becoming law in the near future."

Sundra-Karean on Constitutional Reform in Malaysia

Dr Vanitha Sundra-Karean of the University of Southern Queensland School of Law and Justice has provided the Malaysia entry for the 2023 International Review of Constitutional Reform.

Crowe on ‘Contemporary Natural Law Theory: Finnis and Beyond’

Professor Jonathan Crowe of the University of Southern Queensland School of Law and Justice has published a new article titled 'Contemporary Natural Law Theory: Finnis and Beyond'.  The article appears in Volume 5(1) of the USQ Law Society Law Review.  Here is the abstract:

"One of the main factors driving the contemporary revival of natural law theory was the publication of John Finnis's important book, Natural Law and Natural Rights, in 1980.  This article begins by discussing some of Finnis's most enduring contributions to natural law thought.  I focus here on three main ideas: the central case methodology; the foundational role of basic goods; and the role of law in promoting the common good.  The article then moves to some significant developments in recent work on natural law theory.  I show how these developments have put pressure on the core components of Finnis's theory and discuss what they tell us about natural law thought beyond the Finnisian paradigm."

Martin on ‘Sustainability Constitutionalism: Adopting National Perspectives on Sustainability’

Associate Professor Rhett Martin of the University of Southern Queensland School of Law and Justice has published a new article titled 'Sustainability Constitutionalism: Adopting National Perspectives on Sustainability'.  The article appears in Volume 19(3) of the Journal of Strategic Innovation and Sustainability.  Here is the abstract:

"The development of environmental constitutional rights has provided important legal advances in procedure, standing, enforcement and remedies for matters concerning environmental protection and conservation. The constitutional textualization of environmental norms represents a significant development in both constitutional and environmental law, as well as providing a powerful impetus for cross-disciplinary research. These developments have not been mirrored to the same extent with sustainability thresholds and practices. Just as environmental rights are a legitimate avenue for constitutional protection, this article argues a similar position should accord to sustainability rights in constitutions by constitutional textualization of sustainability standards and thresholds. Achieving this constitutional recognition ensures sustainability has a national agenda for a sustainable future."