Hart & McKibbin on "Learning Law"

Associate Professor Caroline Hart and Dr Sarah McKibbin of the USQ School of Law and Justice have co-authored the second edition of Learning Law from Cambridge University Press along with Anthony

Marinac, Rhianna Chisholm, Jennifer Nielsen, Asmi Wood, and Adrian Evans.  Here is the publisher's summary:

"Learning Law is an accessible and engaging introduction to Australian law for students considering a career in the legal profession. This text teaches students how to deal with legislation and cases, focusing on core topics and contextualisation. This second edition has been thoroughly updated and revised, with significant changes including: six new chapters – First Peoples and the law, research, the ethical lawyer, statutory interpretation, lawyers and clients, becoming a lawyer – more coverage of parliaments and courts, new Living Law boxes that showcase the diverse career paths available to law graduates and new Critical Perspective boxes to engage students with critical analysis. Written in a conversational style, Learning Law will leave students feeling more knowledgeable about, and confident in, their interactions with Australian legal institutions and legal professionals. This text is an essential resource that law students will refer to throughout their studies and in the early stages of their career."

Gray on 'The Evolution from Strict Liability to Negligence: When and Why? Part I'

Professor Anthony Gray of the USQ School of Law and Justice has published a new article titled 'The Evolution from Strict Liability to Neglience: When and Why? Part I'.  The article appears in Volume 94(8) of the Australian Law Journal.  Here is the abstract:

"Tort law has, viewed through a long lens, moved generally from strict to fault-based liability. This move is not (yet) complete; pockets of strict liability remain. It is important to understand this move. Why, and when, did it occur? The questions, and so the answers, may be related. This article attempts some answers. Part 1 charts the gradual but perceptible shift in common law thinking away from “act at peril” philosophy to one where liability lies where it falls, unless fault of another is shown. While of historical interest, this shift is also of contemporary interest. Given that pockets of strict liability remain in our law, what
rationale, if any, supports them? If most tort law is now fault-based, why persist with any strict liability? In that context, Part 2 considers application of these trends in the context of the tort of private nuisance, traditionally a tort of strict liability."

Timoshanko on 'Justice at the Edge: Hearing the Sound of Silence’

Dr Aaron Timoshanko, a Lecturer in the USQ School of Law and Justice, has co-authored a new article titled 'Justice at the Edge: Hearing the Sound of Silence.'  The article was written in collaboration with Kim Economides and Leslie S. Ferraz and appears in Volume 41(1) of the Adelaide Law Review.  Here is the abstract:

"This article examines a novel emerging trend in the access to justice movement. This latest trend is best seen as a counter-wave — or rip current — that seeks to incorporate knowledge and experience found at the periphery of the legal system in order to advance the theory and practice that underpins access to justice. Drawing on recent legal developments pioneered in Aotearoa/New Zealand that grant personhood status to natural objects, we report on the Maori world view that treats natural objects in much the same way as respected family members. This new perspective is indicative of the counter-wave in action and illustrates how legal principles derived from the periphery — in this case rooted in the First Law of the Maori people — are being recognised and incorporated into the mainstream legal system, holding the potential to advance access to justice for First Nations peoples whilst also bringing other benefits to the wider society. Focusing primarily on Australia, Brazil and Canada, our aim is to highlight common signs of receptivity for granting natural objects personhood status, and to show how this converging trend could enrich both the quality and accessibility of justice in these and other  jurisdictions."

Gray on ‘Three Suggested Reforms to Australia’s Defamation Laws’

Professor Anthony Gray of the USQ School of Law and Justice has published a new article titled 'Three Suggested Reforms to Australia's Defamation Laws'.  The article appears in Volume 45(2) of the Alternative Law Journal.  Here is the abstract:

"The Council of Attorneys-General is currently reviewing Australia's existing uniform defamation laws. This article suggests three significant reforms that would improve the existing law."

Young on ‘The ‘Blue Sky effect’: A repatriation of judicial review grounds or a search for flexibility?’

Professor Simon Young of the University of Southern Queensland School of Law and Justice has published a new article titled ‘The ‘Blue Sky effect’: A repatriation of judicial review grounds or a search for flexibility?’ The article appears in Volume 98 of the Australian Institute of Administrative Law Forum. 

Gray pens ‘Change the Rules: Reform of the Economic Torts in Australia’

Professor Anthony Gray of the USQ School of Law and Justice has published a new article titled 'Change the Rules: Reform of the Economic Torts in Australia'.  The article appears in Volume 21(2) of the Flinders Law Journal.  Here is the abstract:

"The status of the economic torts in Australian law has not featured in recent academic writing, and has not been the subject of much judicial consideration. This article intends to bridge this gap. It was prompted by a controversy involving a sporting star. Rugby Australia terminated the contract of star player Israel Folau due to his social media activity. One issue that has been raised is whether sponsors may be liable to the player for one of the economic torts, such as inducing breach of contract and/or interference with trade or business. While the former tort has been well accepted in Australian tort law, there remains real uncertainty about the latter."

Hemming on 'LexisNexis Questions and Answers: Civil Procedure'

Dr Andrew Hemming, a Senior Lecturer at the USQ School of Law and Justice, has recently published the second edition of LexisNexis Questions and Answers: Civil Procedure.  The book is published by LexisNexis and co-authored with Hugh Zillman.  Here is the publisher's summary:

"LexisNexis Questions and Answers: Civil Procedure is designed to facilitate both continuous review and preparation for examinations. It provides an understanding of civil procedure and gives 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 second edition, the authors present the rules relating to civil procedure in 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. The commentary has been updated throughout with reference to recent decisions and includes expanded examination of the procedural rules and processes in the Federal Court jurisdiction.

Features

• Summary of key issues in each chapter
• Questions with answer guide, suggested answer, examiners comments and common errors to avoid
• Helps students revise key areas before attempting problem questions
• Assists students with effective exam study preparation
• Enables students to practise applying their knowledge to hypothetical problems"