Hearsay ... the Journal of the Bar Association of Queensland

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From the Editor

icon_from_ed.jpgAs announced in the previous edition of Hearsay, on 4 February 2015, Justice Anthe Philippides was sworn in as a Justice of Appeal and Martin Burns QC was sworn in as a Judge of the Supreme Court in the Trial Division. As also mentioned in the previous edition  read more

2015 Silk Bows before the High Court & Dinner

2015 Silk Bows before the High Court & Dinner
Issue 72: March 2015
New Chief Judge Welcomed to the Gold Coast New Chief Judge Welcomed to the Gold CoastOn Wednesday 25 February 2015, a function was held at the Courthouse Hotel, Southport, by the Gold Coast District Law Association and the Gold Coast Bar Association, for practitioners to welcome Chief...Read More >>
Arbitrators Order Armstrong to Pay US$10MillionPerjury must never be profitable. Justice in courts of law and arbitration tribunals is impossible when parties feel free to deliberately deceive judges or arbitrators. So began the judgment of the...Read More >> Arbitrators Order Armstrong to Pay US$10Million
In This Issue
Breach of duty and causation of damage– persuasive and evidentiary onuses in operation The common law stipulates that a plaintiff, as moving party in a cause of action for damages for breach of a tortious or contractual duty of ca...Read More >>
 
Fracturing the Prerogative*Section 8 of the Mineral Resources Act 1989 (Q) provides that minerals generally are Crown property.[1]   Yet at common law the proprietor of freehold land owns minerals there under.[2]  Sta...Read More >>
 
When does driving without due care and attention become dangerous?In Queensland there is an inconsistency in the application of the laws concerning driving offences where the offending behaviour can either be the subject of the indictable offence dangerous operation...Read More >>
 
Hellenic Australian Lawyers Association Incorporated Queensland Chapter LaunchMr Varitimos, Chief Justice Carmody, Chief Justice Kourakis, my colleagues, Justices Kiefel and Keane, your Honours, Mr Panna, ladies and gentlemen. My thanks to Justice Philippides for inviting me to...Read More >>
Making Your Appeals More AppealingThank you for giving up your Saturday afternoon to participate in this master class.  We could be out surfing, having an afternoon kip, playing with the kids, walking the dog on the beach or sipp...Read More >>
 
South Pacific Legal Education CommitteeIn September 2014, members of the BAQ’s South Pacific Legal Education Committee travelled to Port Moresby to conduct the 2nd Commercial Law Workshop for students of the Legal Training Institute ...Read More >>
 
Remedies for misleading or deceptive conduct: coherence and the common lawMay I thank the Committee for the 2015 Bar Conference for doing me the honour of asking me to speak to you this afternoon. The topic of my paper is the relief for misleading or deceptive conduct1...Read More >>
 
The use of extrinsic evidence in aid of construction of a contract, a practical guideIntroduction In Australian jurisprudence, the objective theory of contract commands the field. Under that theory the meaning of a contract is to be decided in accordance with what the terms of t...Read More >>
Launch of “The Law of Rescission” (2nd ed)Dominic O’Sullivan and his co-authors undertook an ambitious task in producing a book about rescission. No book had been written about rescission for almost a century: a warning in itself. And t...Read More >>
 
Raising the Bar in Alterations Conveniently located on George Street, in the heart of Brisbane's Legal and Financial Precinct, Tiktak Clothing Alterations and Dressmaking are the professional attire specialists.  Read More >>
 
CPD Events The following is a list of the Bar Association’s upcoming CPD events.  Read More >>
 
Speeches and Legal Articles of InterestJUDICIAL SPEECHES The Chief Justice addressed the launch of the Hellenic Australian Lawyers Association at the Banco Court on 30 January 2015. The Chief Justice’s speech may be accessed her...Read More >>
Duffy Murder DramaAlas, not what you might think, but rather the most recent project of the Queensland Theatre Company’s Legal Chapter – the commissioning of a play based upon the murder of Nellie Duffy at ...Read More >>
 
Book Review: Old Law, New Law:A Second Australian Legal Miscellany   Publisher: The Federation Press Author: Keith Mason Reviewed by: Dominic Katter  Just as Sir Robert Megarry FBA PC authored multiple w...Read More >>
 
Book Review: The Life and Times of MexicoPublisher: W.W. Norton & Company Author: Earl Shorris Reviewer: Stephen Keim SC In 1943, when Earl Shorris was just seven years of age, his father drove, every Saturday morning, from the...Read More >>
 
Mercedes-BenzIntroducing the Mercedes-Benz Corporate Programme for Queensland Bar Association members. When you own a Mercedes-Benz, you become a part of a culture of excellence. It’s what defines us ...Read More >>
Book Review: The AlchemistAuthor: Paulo Coelho Publisher: Harper Torch (1993) Reviewed by Stephen Keim SC The men of the Blokes’ Book Club had only ourselves to blame. We did say that we were busy and that a shor...Read More >>
 
Book Review: Magna Carta UncoveredPublisher: Hart Publishing, Oxford 2014, 222 pp Author: Anthony Arlidge QC and Lord Judge Reviewed by: Adrian Duffy June 2015 marks the 800th anniversary of the signing of the Magna Ca...Read More >>
 
Federal Court Case Notes These case notes have been compiled by Joanna Fear, Federal Court Library, Brisbane and appear courtesy of the Federal Court, Brisbane.    Read More >>
 
High Court of Australia Judgment Summary NotesThe following summary notes of recent decisions of the High Court of Australia provide a brief overview of each case. For more detailed information, please consult the Reasons for Judgment which may b...Read More >>
Court of Appeal Judgment Summary NotesThe following summary notes of recent decisions of the Queensland Court of Appeal have been prepared by Bruce Godfrey, Court of Appeal Research Officer. They provide a brief overview of each case. For...Read More >>
 
ClassifiedsQueensland Reports for sale, surplus chambers fitout available for free, bar jacket & gown for sale, chambers for sale and rent, law books wanted, digital transcription services, DNA evidence serv...Read More >>
 
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