1,720,977 research outputs found
Current Issues with Regards to the Defences of Provocation and Self-Defence in the Criminal Law Context
No full textThe relationship between the law and public policy in criminal law is one of mutual influence. Some recent cases highlight the strain between the two. There has been debate about whether the defence of provocation should be changed or abolished as well as consideration of changes to self-defence. Over the years both defences have undergone change through interpretation in cases and through legislative amendments. Tasmania abolished the defence of provocation in 2003 and Victoria followed in 2005. Other Australian jurisdictions as well as New Zealand and the United Kingdom are considering or have made reforms. This has been to some degree in response to cases which have caused concern amongst the public as well as governments. These cases include instances where men have successfully used the defence of provocation after killing their former female partners as well as same sex relationship issues. Provocation and self-defence will be considered in this paper as case studies of the role public outrage plays in promoting law reform and change. The defences will be illustrative of how the tension between public expectations about justice and fairness and perceptions about the role of gender and culture on the one hand and the formal process of law reform to reflect societal evolution on the other hand are resolved. It will be seen that even where there has been public outcry and pressure the response has not been knee-jerk but rather to refer matters to law reform commissions for a considered response. However it does show that there is a lack of proactive review of cases and that public pressure compels issues being put on the agenda rather than academic and professional priority
Accident, provocation and jury reforms
No full textIn 2008, there were a number of areas in the criminal law in Queensland in which there was law reform activity. These include jury reform, accident and provocation
Defamation : is that a fly in my soup?
No full textIn a recent case the High Court considered whether a restaurant review was defamatory
Duty of care for mental harm suffered by rescuers
No full textIn Wicks v State Rail Authority NSW; Sheehan v State Rail Authority NSW [2010] HCA 22 (16 June 2010) the duty of care owed to rescuers, who were police officers, at a train derailment, was considered in conjunction with the interpretation of the Civil Liability Act (NSW) 2002
An examination of the liability of a construction contract certifier who gets it wrong
No full textConstruction contracts often provide that decisions under the contract will be made by a certifier. This paper reviews the liability issues when a certifier makes a mistake. We do that in light of recent pronouncements by the High Court of Australia and the New South Wales Court of Appeal on negligence. We look at this question in the context of traditional construction contract arrangements and also consider the implications for Public Private Partnerships and the typical contract arrangements entered into to facilitate these transactions
Defences in medical negligence : to what extent has tort law reform in Australia limited the liability of health professionals?
No full textTort law reform has resulted in legislation being passed by all Australian jurisdictions in the past decade implementing the recommendations contained in the Ipp Report. The report was in response to a perceived crisis in medical indemnity insurance. The objective was to restrict and limit liability in negligence actions. This paper will consider to what extent the reforms have impacted on the liability of health professionals in medical negligence actions. After an analysis of the legislation, it will be argued in this paper that while there has been some limitation and restriction, courts have generally interpreted the civil liability reforms in compliance with the common law. It has been the impact of statutory limits on the assessment of damages through thresholds and caps which has limited the liability of health professionals in medical negligence actions
Negligent investigation by police : can a duty of care be found using the existing negligence principles in Australia?
No full textThe Supreme Court of Canada, by majority, has found a tort of negligent investigation. The reasons for the decision were that there was a sufficiently close relationship between the investigating police officer and the particularized suspect for there to be a duty of care owed and there was no compelling policy reason why this duty of care should not be found. However it was decided that this duty of care was not breached. It will be considered in this paper whether courts can find a duty of care owed by police officers to suspects using the existing negligence principles in Australia, in accordance with the reasoning of the High Court in cases like Sullivan v Moody and Tame
Duty of police and ambulance services : what happens when the plaintiff refuses treatment?
No full textIn a recent case the New South Wales Court of Appeal considered the duty of care owed by ambulance and police officers, issues concerning breach and causation and the practical effect of the exclusion of the plaintiff's evidence
Expansion of support for first year law students : an overview from a first year coordinator
No full textIn the context of government funding and targets for increased participation in higher education and equity groups, as well as attrition rates, the literature on first year higher education highlights the importance of appropriate levels of support for students transitioning to higher education. In the law school context, support of first year students is also important in the response to the high levels of stress among law students. It is therefore necessary for universities to provide a variety of support to first year students from both a student perspective and a curriculum perspective. This paper explores the process of investigating the expansion of student support, including peer support programs, staff led programs, appointing a first year coordinator and developing a curriculum plan. These programs promote engagement and ensure a cohesive and integrated first year experience from both curriculum design and student experience perspectives. This paper will explain the process undertaken at QUT of expanding support for first year law students, overview the program details and will reflect on the feedback from students, peer facilitators and staff of expanding support for first year law students at QUT. The paper will conclude with recommendations for improvement to the program
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