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Identity politics, political correctness and section 18C of the Racial Discrimination Act

Posted on Categories Human rights, Judiciary, LibertyTags , , , , , , , , , , , , , , , , 3 Comments on Identity politics, political correctness and section 18C of the Racial Discrimination Act

On 4 November 2016, Judge Jarrett of the Federal Circuit Court of Australia dismissed a claim brought by Cindy Prior under section 18C of the Racial Discrimination Act 1975 (Cth) as a result of posts published on Facebook by students at the Queensland University of Technology that complained of being kicked out of an ‘Indigenous only’ computer lab. This ends a 3 year long legal saga and ordeal for the students concerned.
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Things to do when you separate from your partner

Posted on Categories Family lawLeave a comment on Things to do when you separate from your partner

Have you just separated? Are you thinking of separating? If so, here is a list of useful things to do as soon as you can.
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Employee caught stealing alcohol ‘unfairly dismissed’

Posted on Categories Fair Work Commission, Industrial relations, Unfair dismissalLeave a comment on Employee caught stealing alcohol ‘unfairly dismissed’
The Fair Work Commission (FWC) is known for sometimes making unfair dismissal decisions which arguably are counter-intuitive and/or contrary to community standards and expectations. The following recent case, in which a Qantas employee was caught stealing and later lied about the stealing, is an excellent example.
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How to be an impressive witness in court

Posted on Categories Evidence, JudiciaryLeave a comment on How to be an impressive witness in court
Introduction

Witnesses are usually assessed according to their credibility and reliability.

In cases where there are disputes of fact, the performance of the relevant witnesses will be critical, as the case is likely to be determined according to which witnesses are believed and which are not.

This article discusses dome of the do’s and don’ts involved in giving evidence at a hearing.
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Labor MP sued for sliming student

Posted on Categories Defamation, Legal profession, Professional negligenceLeave a comment on Labor MP sued for sliming student

Labor Member for the federal seat of Griffith Terri Butler is being sued by one of the university students involved in the infamous case of the Facebook posts which resulted in legal action by a former administrative officer of the University of Technology (QUT) named Cindy Prior.
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Why the girlfriend of Man Haron Monis was convicted of murder

Posted on Categories Criminal law, Domestic violence, TerrorismLeave a comment on Why the girlfriend of Man Haron Monis was convicted of murder
What happened

 

Amirah Droudis, the girlfriend of Lindt siege gunman Man Haron Monis and formerly named Anastasia Droudis, was yesterday convicted (ie found guilty) of the murder of the ex-wife of Monis.

The written judgment of Justice Johnson, delivered after a judge-only trial (due to adverse pre-trial media publicity), is particularly long and detailed. It goes into significant aspects of Monis’ life story because Droudis was intimately involved in them.
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Response to invitations for submissions concerning a Bill of Rights in Australia

Posted on Categories Bill of Rights, Human rights, Judiciary1 Comment on Response to invitations for submissions concerning a Bill of Rights in Australia

To: The Human Rights Working Group

Queensland Law Society

RE CALL FOR SUBMISSIONS ON A BILL OF RIGHTS

Dear Sir/Madam,

We refer to the invitations for submissions concerning a Bill of Rights in Australia in the February 2016 edition of Proctor.

We write to voice our opposition to a Bill of Rights, for the reasons below.
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The question of reasonable forseeability of injury

Posted on Categories Negligence, Personal Injury1 Comment on The question of reasonable forseeability of injury

Introduction

It is a well established principle in the law of negligence that a defendant should only have to take precautions against reasonably forseeable risks to others. Reasonable forseeability can be contrasted with risks that are “far fetched or fanciful”.

The 2013 Queensland Court of Appeal cases of Heywood v Commercial Electrical Pty Ltd [2013] QCA 270 and Suncorp Staff Pty Ltd v Larkin [2013] QCA 281 are useful reminders of the centrality of the concept of reasonable forseeability of risk in negligence cases against employers.
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