Jones on 'An Annotated Guide to the Human Rights Act 2019 (Qld)'

Dr Nicky Jones of the University of Southern Queensland has co-written (along with Peter Billings) a new book titled An Annotated Guide to the Human Rights Act 2019 (Qld).  The book is published by LexisNexis. Here is the publisher's description:

"The Human Rights Act 2019 (Qld) introduced human rights obligations into Queensland that affect all new legislation and require public entities to conduct themselves and make decisions in a way that is compatible with human rights.

This important new text clarifies the scope, content, interpretation and operation of the legislation. The extensive discussion and analysis is informed by the considerable body of international human rights decisions and commentary that has developed under core international human rights treaties such as the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the European Convention on Human Rights, as well as the domestic jurisprudence and commentary from Victoria and the Australian Capital Territory and comparable countries such as the United Kingdom.

Providing both commentary on the Act and annotations to all key provisions, the text offers first reference guidance to legal practitioners, Members of Parliament, public servants, service providers and other people whose role brings them into contact with Queensland’s Human Rights Act, as well as a broader audience of students, academics and people who are interested in human rights law."

Mortensen on ‘Lucy’s Argument: The Spycatcher Case in Australia’

Professor Reid Mortensen of the University of Southern Queensland School of Law and Justice has published a research article titled 'Lucy's Argument: The Spycatcher Case in Australia'.  It appears as  Chapter 6 in an edited collection by Sarah McKibbin and Anthony Kennedy titled The Common Law Jurisprudence of the Conflict of Laws (Hart Publishing, Oxford, 2023).

Gray on ‘Consumption Taxes and Section 90 of the Australian Constitution’

 Professor Anthony Gray of the University of Southern Queensland School of Law and Justice has published a new article titled 'Consumption Taxes and Section 90 of the Australian Constitution'.  The article appears in Volume 38(2) of the Australian Tax Forum.  Here is the abstract:

"Although the High Court has settled upon a broad view of “excise” in s 90 of the Constitution, it has excluded from that term a “true” consumption tax, a tax imposed upon the act of consumption. A Victorian tax on zero and low-emission vehicles imposes such a tax, and is under constitutional challenge. This article explains relevant case law on s 90 as it relates to this question. It considers arguments in favour of and against including “true” consumption taxes within the meaning of excise in s 90. It concludes there are stronger arguments, based on precedent, logic and public policy, favouring the inclusion of such taxes within the meaning of excise in the Constitution."

Collins on 'The Essentials of International Law: An Australian Context'

Professor Pauline Collins of the University of Southern Queensland School of Law and Justice has co-written (with Math Noortmann) a new book titled Essentials of International Law: An Australian Context.  The book is published by LexisNexis.  Here is the publisher's summary:

"Essentials of International Law: An Australian Context provides a comprehensive guide to the basic rules and sources of international law. Designed as a concise and accessible reference for both students and practitioners, it offers Australia-specific examples to contextualise international law concepts for Australian readers. Key principles, cases, legislation, treaties and other international instruments are identified and explained succinctly.

The book covers all the foundational topics of international law and international organisations, and also includes specific international law topics such as human rights, criminal law, economic law and environmental law.

Features
• Concise yet comprehensive coverage
• A succinct quick reference guide
• Accessible and informative
• Australian-focused"

McKibbin on ‘Brook v Brook: Rethinking Marriage Choice of Law’

Dr Sarah McKibbin, a Lecturer at the University of Southern Queensland School of Law and Justice, has published a new scholarly book chapter titled 'Brook v Brook: Rethinking Marriage Choice of Law'.  The chapter appears in Sarah McKibbin and Anthony Kennedy (eds), The Common Law Jurisprudence of the Conflict of Laws (Hart Publishing, Oxford, 2023).

Hemming on 'Criminal Responsibility: Older but No Wiser’

Associate Professor Andrew Hemming of the University of Southern Queensland School of Law and Justice has published a new article titled 'Criminal Responsibility: Older but No Wiser'.  The article appears in Volume 46 of the Criminal Law Journal.  Here is the abstract:

"This paper is a rejoinder to an article entitled ‘Will Australia Raise the Minimum Age of Criminal Responsibility?’ and an editorial entitled ‘A New Architecture for Youth Justice’ both published in the Criminal Law Journal in 2019 and 2022 respectively, in which Professor Thomas Crofts and editor Phillip Boulten endorsed previous calls for an increase in the minimum age of criminal responsibility (MACR) in Australia to a minimum of 12 years of age and preferably 14 years of age. By contrast, the author supports the retention of doli incapax for children aged between 10 and 13 years of age to address the small number of children who represent a threat to public safety, and argues that the neuroscience relied upon by proponents of raising the MACR is dated. The author supports the Queensland Government’s position that simply raising the MACR does not address the complex societal factors underlying offending by children. Any solution to child offending requires a recognition that without improved social justice for the most disadvantaged sections of society, raising the MACR is both pointless and dangerous."

McKibbin on 'The Common Law Jurisprudence of the Conflict of Laws'

Dr Sarah McKibbin, a Lecturer at the University of Southern Queensland School of Law and Justice, has co-edited (along with Anthony Kennedy) a new collected titled The Common Law Jurisprudence of the Conflict of Laws.  The book is published by Hart.  Here is the publisher's synopsis:

"This book presents a collection of leading common law cases in private international law ranging from the 18th to the 21st century. The cases traverse issues of jurisdiction, choice of law and the recognition and enforcement of foreign judgments. Questions of marital validity, domicile, foreign immovable property and choice of law in contract are just some of the topics that this collection examines. The 'unusual factual situations' of some 18th- and 19th-century English cases also reveal compelling human interest stories and political controversies worthy of further exploration.

Drawing on a diverse team of contributors, this edited collection showcases the research of eminent conflicts scholars together with emerging scholars from the United Kingdom, Australia, Canada, Ireland and South Africa."