Scholarly publications and presentations by staff from the Law Faculty.
Documents from 2010
The procedural evolution of conflict towards litigation and implications for legal publishers, John Wade
Documents from 2009
Reasoning by analogy in the law, John H. Farrar
Riding the dragon: Law and legal opportunities in China, Tim Jay
Chapter II Property Agents and Motor Dealers Act 2000 (Qld): The answer to our prayers or the devil in disguise?, Tammy Johnson
Congruence and divergence in transfer pricing in Australia and Japan: Intangibles and advance pricing agreements, Michelle Markham
Negotiating with difficult people, John Wade
Documents from 2008
The law of globalisation, Laurence Boulle
Mediation: Skills and techniques, Laurence Boulle; Michael T. Colatrella, Jr.; and Anthony P. Picchioni
Challenges to multilateral trade: The impact of bilateral, preferential and regional agreements, Ross Buckley, Vai Io Lo, and Laurence Boulle
The student as apprentice: Bridging the gap between education, skills and practice, Joel Butler and Rachel Mansted
Abolition and restoration of a Legislative Council: Queensland and the other states, Gerard Carney
The blindness of the eye-witness, Ian R. Coyle, David Field, and Glen Miller
The (almost) redundant civil accessorial liability provisions of the Trade Practices Act, Joachim Dietrich
Corporate governance: Theories, principles and practice, John H. Farrar
The codification of commercial law, John H. Farrar
The corporate governance of SMEs and unlisted companies, John H. Farrar
Internet and e-commerce law, Jay Forder and Dan Jerker B. Svantesson
Life-long learning for reforming law, refining lawyers, refreshing education, Terry Gygar and Kay Lauchland
Oil and politics apparently do mix: The role of multinational resource corporations in national sovereignty, Tina Hunter and Thomas Storey
Achieving the purpose of IPA- A case of hit and miss, Tammy Johnson
Preserving due process or warehousing the undesirables: To what end the separation of judicial power of the Commonwealth?, Patrick Keyzer
Conditions for effective disclosure in the regulation of franchising, Elizabeth Spencer
Reconceiving the regulation of the franchise sector, Elizabeth Spencer
Balance of power, certainty and discretion in the franchise relationship: An analysis of contractual terms, Elizabeth C. Spencer
Effective disclosure in the regulation of franchising, Elizabeth C. Spencer
Using the statements of co-accused, Lee Stuesser
Codifying Australia's contract law: Time for a stocktake in the common law factory, Dan Jerker B. Svantesson
From the airport to the surgery to the courtroom: Private international law and medical tourism, Dan Jerker B. Svantesson
How does the accuracy of geo-location technologies affect the law?, Dan Jerker B. Svantesson
The times they are a-changin' (every six months)-- The challenges of regulating developing technologies, Dan Jerker Borje Svantesson
Mandatory sentences in South Africa: Lessons for Australia?, Stephan Terblanche and Geraldine Mackenzie
Defining “success” in negotiation and other dispute resolution training, John Wade
Judicial decision-making in Australia – critique and redemption., John Wade
Persuasion in negotiation and mediation, John Wade
Intervention methods and processes, Michael Weir
Documents from 2007
Principles of criminal law, Eric Colvin and Sanjeev Anand
Criminal law in Queensland and Western Australia, Eric Colvin and John McKechnie
Salmond and corporate theory, John H. Farrar
Evidence law in Queensland, David Field
Trusts law in Australia, Denis Ong
“Imagine there’s no countries...” – Geo-identification, the law and the not so borderless Internet, Dan Jerker B Svantesson
Privacy law: Australia: Conflict of laws issues associated with an action for interference with privacy, Dan Jerker B. Svantesson
Intellectual property cases before the high court 2000 - 2007, William van Caenegem
Intellectual property law and innovation, William van Caenegem
New trends in illegal evidence in criminal procedure: general report - common law, William van Caenegem
Introduction to the book "Complementary Medicine : ethics and law", Michael Weir
Unaffordable health care amid phenomenal growth: The case of health care protection in reform China, Chack-Kie Wong, Kwong-Leung Tang, and Vai Io Lo
Documents from 2006
Mediation and Other ADR Processes, Laurence Boulle
Iraq's sovereign debt and its curious global implications, Ross P. Buckley
Minimum wage laws and wage regulation: Do changes to a minimum wage affect employment levels?, Joel Butler
Australian federalism: crunch time?, Gerard Carney
Egan v Willis and Egan v Chadwick: The triumph of responsible government, Gerard Carney
Lord Atkin: his Queensland Origins and Legacy, Gerard Carney
The Constitutional Systems of the Australian States and Territories , Gerard Carney
The Ethical Standards of Politicians, Gerard Carney
Fairness and equality in the criminal process, Eric Colvin
Novel strategies to overcome barriers to commercialisation of new technologies: a case study from the Australian biotechnology industry, Damian Hine and Damien Millen
Offshore Exploration and Production, Policy and the Offshore Petroleum Act - Whither Now?, Tina Hunter
Resisting a hostile takeover: the Lion Nathan bid for Coopers Brewery, John P.G. Lessing and Renaee Johns
Drug advertisements: A prescription for misleading and deceptive conduct?, Damien Millen
Borders on, or border around – the future of the Internet, Dan Jerker B. Svantesson
The legal implications of geo-identification, Dan Jerker B. Svantesson
The not so 'borderless' internet: Does it still give rise to private international law issues?, Dan Jerker B. Svantesson
The relation between public international law and private international law in the internet context, Dan Jerker B. Svantesson
Intellectual property, William van Caenegem
Arbitral decision making in family property disputes - lotteries, crystal balls, and wild guesses, John Wade
Bargaining in the Shadow of the Tribe, John Wade
Collaborative lawyering - some preliminary thoughts for Australia, John Wade
Crossing the Last Gap, John Wade
Dobermans and diplomats: seventeen strategies for re-opening hopelessly deadlocked negotiations., John Wade
Dueling Experts, John Wade
Formal Legal Education: A Few Lessons From The Past, Useful For The Future, John Wade
A Lasting Agreement, John Wade and Christopher Honeyman
Regulation of complementary and alternative medicine: An international perspective, Michael Weir
Regulation of complementary and alternative medicine practitioners, Michael Weir
China's Urban Health Care Reform: From State Protection to Individual Responsibility, Chack-Kie Wong, Vai Io Lo, and Kwong-leung Tang
Documents from 2005
A remodelling of Adam Smith’s tax design principles, Clinton Alley and Duncan Bentley
Bangoura v Washington Post: Case Comment, Matthew J. Baird
Desperate housewives get legal backing, David Field
"Judge not, lest ye be judged" The Corby case - can it happen in Australia?, David Field
Political free speech - how far does it extend?, David Field
Rule of law, separation of powers and judicial decision making in Australia - Part 2, Tina Hunter
Law and investment in China: the legal and business environment after WTO accession, Vai Io Lo
Co-ownership, Carmel MacDonald and Michael Weir
Easement and profits, Carmel MacDonald and Michael Weir
Disputes over access to 'declared' services: evaluating the negotiate-arbitrate framework in Part IIIA of the Trade Practices Act, Brenda Marshall
Ad-agent provocateur: Can advertising agencies be liable as principals for creating misleading ads?, Damien W. Millen
Who wants to be a millionaire? Misleading and deceptive seminar spruiking, Damien W. Millen
Amlink Technologies Pty Ltd and Australian Trade Commission [2005] AATA 359 – Software finally recognised as “goods”, Dan Jerker B. Svantesson
An Update on the proposed Hague Convention on Exclusive Choice of Court Agreements, Dan Jerker B. Svantesson
Geo-identification: – Now They Know Where You Live, Dan Jerker B. Svantesson
In Defence of the Doctrine of Forum Non Conveniens, Dan Jerker B. Svantesson
The characteristics making Internet communication challenge traditional models of regulation - What every international jurist should know about the Internet, Dan Jerker B. Svantesson
Who’s fingerprints, and with what flavour, would you like today?, Dan Jerker B. Svantesson
Inter-firm migration of tacit knowledge: law and policy, William van Caenegem
Alternative medicine: a new regulatory model, Michael Weir
Complementary and alternative medicine – legal issues, Michael Weir
Missed Breast Cancer: The Legal Factors, Michael Weir
What is complementary and alternative medicine, Michael Weir
Leases, Michael Weir, Anne Wallace, Les McCrimmon, and Carmel MacDonald
Documents from 2004
Special methods and tools for educating the transnational lawyer, Duncan Bentley and John Wade
The power of privilege, Gerard Carney
Owen Dixon, Gerard Carney and Jim Corkery
Criminal procedure in the South Pacific, Eric Colvin
The Perils of Pauline, David Field
Fat spat: Packaging, passing off and misleading the metabolically challenged, Damien W. Millen
Master of their own domain: Still more misleading and deceptive conduct around cyberspace, Damien W. Millen
Thorn in the ACCC's side: Rent ad rants and the TPA, Damien W. Millen
An introduction to jurisdictional issues in cyberspace, Dan Jerker B. Svantesson
Geo-location technologies and other means of placing borders on the ‘borderless’ Internet, Dan Jerker B. Svantesson
Registered GI's: Intellectual property, agricultural policy and international trade, William van Caenegem
Representing Clients Effectively in Negotiation, Conciliation and Mediation of Family Disputes, John Wade
Bailing out Hanson and Ettridge, Michael Weir
Waiver of forfeiture in commercial leases - redressing the balance?, Michael Weir
Some reflections on how, why and what to teach, Bobette Wolski
Documents from 2003
Investing in Hong Kong and Mainland China, Duncan Bentley and Andrew Halkyard
Lifting the veil of mystery: freedom of speech under parliamentary privilege, Gerard Carney
Reform of parliamentary privilege, Gerard Carney
Sir Gerard Brennan – the principled judge, Gerard Carney
The High Court and the constitutionalism of electoral law, Gerard Carney
Sentencing principles in the High Court and the PSA , Eric Colvin
Aiding suicide: a modern moral dilemma, David Field
Access to justice: Lawyers' costs when acting pro bono in public interest litigation, Kay Lauchland
Law in society: The corporate governance debate, John P. G. Lessing
Finders keepers losers weepers?, Winnie Ma
Delivery fee not included: What constitutes "price" in cyberspace?, Damien W. Millen
Good as new? Beer, brand names and Section 52, Damien W. Millen
Where's the beef (from)?: Misleading and deceptive advertising as to source of product, Damien W. Millen
Intellectual property and the idea of progress, William van Caenegem
Registered Geographical Indications : Between Intellectual Property and Rural Policy – Part I, William van Caenegem
Registered Geographical Indications Between Intellectual Property and Rural Policy—Part II, William van Caenegem
Striking a balance between protecting commercial reputation and promoting competition, William van Caenegem
Arbitral Decision Making in Family Property Disputes - Lotteries, Crystal Balls, and Wild Guesses, John Wade
Obligation to Advise of Options for Treatment – Medical Doctors and Complementary and Alternative Medicine Practitioners, Michael Weir
Statutory amendments to civil liability of professionals including medical doctors, Michael Weir
The next chapter in the story of native title, Michael Weir
Why, how and what to practice: Integrating skills teaching and learning in the undergraduate law curriculum, Bobette Wolski
Documents from 2002
International constraints on national tax policy: reflecting the international tax order, Duncan Bentley
The significance of declarations of taxpayers’ rights and global standards for the delivery of tax services by revenue authorities, Duncan Bentley
The tax filing system and tax aid service in Australia, Duncan Bentley
Alternative dispute resolution, case management and the rule of law, Laurence Boulle
A unique and precarious office - the office of the Governor-General, Gerard Carney
Sir Gerard Brennan and aspects of his human rights perspective, Gerard Carney
Criminal responsibility under the South Pacific codes, Eric Colvin
Murder and the separation of conjoined twins, Eric Colvin
Lawyering, Jim Corkery
The insurance crisis - Don't forget the victims, David Field
The international criminal court - What it means to Australia., Mary E. Hiscock
Feathering their own nests? Should barristers and/or solicitors be sued., Winnie Ma
A competitor by any other name: Sydney Markets Ltd v Sydney Flower Market Pty Ltd [2002] ATPR (Digest) 46-216, Damien W. Millen
Intellectual Property and Intellectual Capital, William van Caenegem
The public domain: scientia nullius, William van Caenegem
The Technicality Requirement, Patents Scope and Patentable Subject Matter in Australia, William van Caenegem
False dichotomies and asking the right questions, John Wade
Four myths of family law, John Wade
An Australian view: The Queensland Land Title Act 1994, Michael Weir
The story of native title, Michael Weir
The ten commandments of professional practice and reflexology, Michael Weir
Documents from 2001
The New Zealand Definition of ‘Residence’ for Individuals: Lessons for Australia in a ‘Global’ Environment , Clinton Alley, Duncan Bentley, and Simon James
A model for electronic tax collection, Duncan Bentley
Attorney-General, role of, Gerard Carney
Australia - a Federal Story, Gerard Carney
Centenary of state constitutions: recognition and reform, Gerard Carney
Parliamentary process, intervention in, Gerard Carney
Ordinary and reasonable people: the design of objective tests of criminal responsibility, Eric Colvin
The English courts and the rise of equity, Jim Corkery
Limiting parody sites and metatags, Jay Forder
The dilemmas of globalisation, Jay Forder
Shipwrecks, Asylum Seekers, and the Rule of Law: The Tampa Case., Mary E. Hiscock
Protection at school - the liability of school authorities for teacher misconduct, Jan McDonald
Mediation – Seven fundamental questions, John Wade
Concepts of property, Michael Weir
The ten commandments of professional practice, Michael Weir
The uncertainty of certain boundaries, Michael Weir
Mediator settlement strategies: Winning friends and influencing people, Bobette Wolski
Documents from 2000
A reply to Harry Evans, 'Enclosing politicians : the ambitious project', Gerard Carney
Constitutional review in Queensland: Consolidation and reform, Gerard Carney
Members of parliament: Law and ethics, Gerard Carney
Parliamentary privilege - contemporary issues, Gerard Carney
The rule of law, Jim Corkery
Linking and keywords revisited., Jay Forder
Permission to hyperlink?, Jay Forder
When the e-doctor calls, Jay Forder
Will Australia need a safe harbour?, Jay Forder
Will domain problems split the Internet?, Jay Forder
The development of consumerism and the regulation of unfair and restrictive trade practices, Bernard McCabe
Two children of the stolen generation come to court: Gunner and Cubillo v The Commonwealth, Bernard McCabe
"Kidz" privacy for sale?, Patrick Quirk
UK Inland Revenue deliberations on e-commerce & the VAT, Patrick Quirk
Fair use in the digital age, William van Caenegem
Is distributed file-swapping software legal in Australia? NAPSTER and GNUTELLA, William van Caenegem
Napster and Gnutella: Is distributed file-swapping software legal in Australia?, William van Caenegem
Re-inventing the pyramid: A process for teaching and learning in mediation courses, John Wade
Documents from 1999
Control of the domain: local and international developments, Jay Forder
Disputes about names: cybersquatting, cyberstuffing and banner ads, Jay Forder
Electronic signatures: are international uniform rules any nearer?, Jay Forder
Frames with a twist: Post-it notes on the Web, Jay Forder
Is copyright outdated?, Jay Forder
Testing the adequacy of privacy protection: How will the EU enforce its directive?, Jay Forder
The IIA Code of Practice: 'Co-regulation' of the Internet starts here, Jay Forder
The Internet censorship debate, Jay Forder
USA's new encryption policy: balancing ecommerce needs with security interests, Jay Forder
Amendments to amendments, Kay Lauchland
Advantages and disadvantages of the adversarial system in criminal proceedings, William van Caenegem
Documents from 1998
Avoiding the clash of the Titans: Contractual compliance with EU privacy protection requirements, Jay Forder
Could the Internet be brought to a standstill? The Internet governance fight and how it could affect you, Jay Forder
Privacy and self-regulation: Is there any hope?, Jay Forder
The body as password - biometric technology and the form of appropriate legislation, Jay Forder
Unsolicited email in business: spam, murk and the opt-in /opt-out debate, Jay Forder
Will our law be competitive? Some data protection requirements considered, Jay Forder
Email policies considered, Jay Forder and Patrick Quirk
So who controls the internet?, Patrick Quirk and Jay Forder
Case note: Data Access v Powerflex, William van Caenegem
Current trends and models in dispute resolution, Part 1, John Wade
Current trends and models in dispute resolution, Part 2, John Wade
Documents from 1997
Note: Legal scholarship for new law teachers, Ross P. Buckley
New species - 'Domain Name' or 'Cybermark', Jay Forder
Email liability: postcards from the edge, Jay Forder and Patrick Quirk
"I hope he dies before me": caring for ageing children with intellectual disabilities and "against the odds": parents with intellectual disabilities, Patrick Keyzer, Terry Carney, and David Tait
Intellectual property law in Australia, William van Caenegem
Four Evaluation Studies of Family Mediation Services in Australia, John Wade
Culture, society and mediation in China and the West, Bobette Wolski
Dispute systems design, Bobette Wolski
Voluntariness and consensuality: defining characteristics of mediation?, Bobette Wolski
Documents from 1996
Mooting in an undergraduate tax program , Duncan Bentley
Copyright liability for the playing of music on hold: Telstra Corporation Ltd. v Australasian Performing Right Association Ltd, William van Caenegem
The Wytiga negotiation - Native title and skills training, Michael Weir
Teaching and learning dispute resolution by self-instruction, Bobette Wolski
Documents from 1995
Taxpayers’ Charter: Opportunity or Token Gesture?, Duncan Bentley
Corporate personality and criminal liability, Eric Colvin
Recent developments in Canadian criminal law, Eric Colvin
Communications issues in copyright reform, William van Caenegem
Copyright, communications and new technologies, William van Caenegem
Patent law - a city council is an ‘authority of a state’, William van Caenegem
Documents from 1994
Using structures to teach legal reasoning, Duncan Bentley
Trial advocacy training in law school: an Australian perspective, Les A. McCrimmon
Forms of Power in Family Mediation and Negotiation, John Wade
Mediation: the terminological debate, John Wade
The last gap in negotiations - why is it important? how can it be crossed?, John Wade
Legal skills training: Some thoughts on terminology and ongoing challenges, John H. Wade
A tenant's right to set-off, Michael Weir
Documents from 1993
Defence of persons and property, Eric Colvin
Elements of liability, Eric Colvin
Inchoate liability, Eric Colvin
Interpretation of criminal legislation and codes, Eric Colvin
Justice and criminal culpability, Eric Colvin
Inventions in Russia: From Public Good to Private Property, William van Caenegem
The new patent law of the Russian Federation, William van Caenegem
Documents from 1992
The story of moral rights or the moral to the story?, Michael Weir
Documents from 1991
Developments in Canadian criminal law, Eric Colvin
Unity and diversity in Australian criminal law : a comment on the draft Commonwealth Code, Eric Colvin
Developments in criminal law and procedure: the 1989-90 term, Tim Quigley and Eric Colvin
The legality of product placement, William van Caenegem
Lawyers and mediators: what each needs to learn from and about the other, John Wade
Documents from 1990
Exculpatory defences in criminal law, Eric Colvin
Developments in criminal law and procedure: the 1988 - 89 term, Tim Quigley and Eric Colvin
Different approaches to the protection of celebrities against unauthorised use of their image in advertising in Australia, the United States and the Federal Republic of Germany, William van Caenegem
Meet MIRAT legal reasoning fragmented into learnable chunks, John H. Wade
Documents from 1989
Section seven of the Canadian Charter of Rights and Freedoms, Eric Colvin