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

icon_from_ed.jpgWelcome to the last edition for Hearsay in 2012. Despite the busy time of the year we have been lucky to be able to assemble a wide variety of articles for your consideration, some of which provide an easy quick read to inform the reader of key points about the subject matter ... read more

The Year That Was 2012

Pictures from launch of the Queensland Reconciliation Action Plan
Issue 58: Dec 2012
Swearing-In of Justice JacksonThe following address was given by the Honourable Chief Justice de Jersey AC at the swearing-in ceremony of the Honourable Justice David Jackson. The ceremony was held on 10 October 201...Read More >> Swearing-In of Justice Jackson
Commentary on Lord Walker Commentary on Lord Walker's PaperThe Honourable Chief Justice Keane has prepared the following commentary on the address given by Lord Walker of Gestingthorpe at the CLI Series Seminar held on 13 September 2012. Lord Walker...Read More >>
In This Issue
In Brief  News, views, Practice Directions, events, forthcoming national and international conferences, CPD seminars and more ...       Annotated Civil Liability Legislation – ...Read More >>
Ceremony marks the Brisbane birthplace of negligence law pioneerThe Federal Court of Australia in conjunction with the TC Beirne School of Law at The University of Queensland recently unveiled a plaque to commemorate the birthplace of Lord Atkin, in Tank Street Br...Read More >>
Welcome to New SilksThe Honourable Chief Justice Keane gave the following address at the Silks Ceremony held on 13 December 2012. Read More >>
From the President: 2011-2012 Annual ReportThe following is the 108th Annual Report by Roger Traves S.C., presented at the Annual General Meeting of the BAQ on 21 November 2012. Read More >>
The end of the Re Viertel exceptionIn the following article Anthony W. Collins analyses Australian caselaw to highlight the uncertainty in estate litigation concerning the application of the Re Viertel exceptio...Read More >>
New Directionsin how Legislators, Courts, and Legal Practitioners Approach Unconscionable Conduct and Good Faith by Professor Bryan Horrigan1 This paper gives a telescopic synopsis of the major themes, developme...Read More >>
Developments in ICLR ServicesSome exciting developments in the delivery of services by the Incorporated Council of Law Reporting for the State of Queensland: a new Queensland Reports website and free email delivery of a new Queen...Read More >>
Mercedes-Benz BrisbaneIntroducing 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 >>
Recent Appellate Coronial Law Decisions in Australia  Belinda Baker presented the following paper at the Asia Pacific Coroners’ Society Annual Conference for 2012 on 21 November 2012. Belinda is Solicitor Advocate to the New South Wales ...Read More >>
Criminal Sanction For O H & S Failures This paper by Anthony Glynn S.C. focuses on the prosecution and defence of breaches of the Work Health and Safety Act 2011 (“the Act”). The paper was presented at the QLS 5th Annual N...Read More >>
SILQ BarristerSILQ Barrister: Australia’s leading software for barristers. SILQ takes care of your business so you can spend more time on your business. Available on both Mac and PC ...Read More >>
Preparation and Limitations of Sexual Assault CasesAnthony Glynn S.C. presented the following paper at the Legalwise Criminal Law in Practice Seminar on 21 November 2012.Read More >>
Conduct and Compensation AgreementsThe following paper by Errol Morzone was presented at the Legalwise Seminar, Securing Access to Land: Rights and Obligations, on  20 November 2012. Read More >>
The Law ReportPresented by Damien Carrick, the Law Report on ABC Radio National focuses on breaking legal stories across Australia and overseas, analysing law reform, legal education, test cases, miscarriages of ju...Read More >>
Family Provision Claims by Adult Children (Part 1)We have come to learn in the field of Succession law that, despite what many (legally) uneducated named beneficiaries may think (or wish), testamentary freedom is never absolute.  The right to in...Read More >>
Family Provision Claims by Adult Children (Part 2) (Continued from Part 1) A disabled applicant Oswell v Jones38  a decision of Chesterman J explores some of the issues and options arising for a Court where an Applicant has a severe dis...Read More >>
UCPR 667 and 668 - Re-Adjudication Short of Appeal – Scope and ReformIn this paper Richard Douglas S.C. considers the proper construction of rr 667 and 668 and the scope for efficient and cost effective treatment of error contained therein. Read More >>
Will Construction Disputes (Part 1)“The task of a court of construction is to discover the testator’s intention by examination of the words used in the will.1 Judicial construction involves having ‘regard to any rules...Read More >>
Will Construction Disputes (Part 2) (Continued from Part 1) In Thomson & Ors v Down & Ors [2012] QSC 171 the issues considered by Justice Dalton were (a) whether or not the Will created a trust and if so what are the ter...Read More >>
Medico Legal Insurance Group Pty Ltd Income Protection, Life Insurance, Trauma Insurance     Read More >>
Unconscionable Conduct in Commercial TransactionsChris Tam presented the following paper at the Litigating Contract Disputes Seminar held by Legalwise on 20 November 2012. Read More >>
ABA JournalThe ABA Journal website provides current legal news on a range of topics including the business of law, careers, law in popular culture, legal ethics, legal technology, litigation, Supreme Court and w...Read More >>
CPD EventsThe following is a list of the Bar Association’s upcoming CPD events. Read More >>
Book Launch: Indigenous Crime and Settler Law The launch of Heather Douglas and Mark Finnane’s book, Indigenous Crime and Settler Law, was held at the Banco Court in the QEII Courts Building on Wednesday, 17 October 2012. Stephen Keim S.C. ...Read More >>
Book Review: Construction Law in Australia (3rd Edition) Authors: Ian Bailey and Mathew Bell Publisher: Thomson Reuters Reviewed by Chris TamRead More >>
Book Review: Panic Author: David Marr Publisher: Black Inc Reviewed by Stephen Keim Read More >>
Stuart Bywater FurnitureStuart Bywater Design is widely recognised throughout Queensland and Australia as one of the leading furniture designers and makers in the country. www.bywaterdesign.com.au    Read More >>
Book Review: Juries in the 21st CenturyThe following is a review of Dr Jacqueline Horan's book, 'Juries in the 21st Century' , by The Honourable Justice TF Bathurst, Chief Justice of New South Wales.  The book...Read More >>
Oracle Investment ServicesLife Insurance, Total & Permanent Disability, Income Protection, Trauma Cover, Buy & Sell Insurance, Business Protection Insurance  Read More >>
To intermeddle, or not to intermeddle, that is the questionThe question posed by this paper takes its inspiration from the opening phrase of the so called “nunnery scene” of William Shakespeare’s play, Hamlet. In this scene, Hamlet is contem...Read More >>
High Court of Australia Judgment Summary Notes The 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 >>
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