USQ Law Society Law Review Winter Edition 2021

Page 7

USQ Law Society Law Review

Winter 2021

EDITOR-IN-CHIEF’S ADDRESS Dear Esteemed Readers and Legal Enthusiasts, Being part of the University of Southern Queensland Law Society Law Review (USQLS Law Review) has been a great honour. From assisting in the sharing of ideas, the pursuit of knowledge and naturally the growth of society, there is nothing more fulfilling. I am grateful to each of those who have contributed their writing, sharing their intellect, ideas, and dreams for a better world. I am greatly appreciative of the editors who have reviewed the articles and ensured that they are of the highest quality. A big thank you goes to our Law Review Director, Tory Webb, for his tremendous work ethic and phenomenal achievement in founding the USQLS Law Review over the last three years. It has been a great privilege to have worked with, and have been mentored by Tory with the Law Review, as his knowledge and skills are evidently boundless. I would like to mention and thank the University of Southern Queensland Law Society Executive for the support, guidance, and the great example that they have set. One last thankful mention to my family and friends who have encouraged and believed in me every step of the way. This law review is a representation of the cohort of brilliant minds who have worked tirelessly, researching, drafting, compiling, and proofreading their scholarly articles, to ensure that the world may behold the articulate ideas of the next generation of legal professionals. I wholeheartedly wish that you the reader, will enjoy, and receive tremendous value from the USQLS Law Review as a whole, as well as the knowledge that has been poured into the creation of each article. I greatly encourage feedback, as it will only better equip us to provide the world with even greater scholarly articles, more valuable tools to advance the realms of law, and the USQLS Law Review as a whole. Please enjoy the following law scholarly articles brought to you by the USQ Law Society. Kind regards, Ian M.C. Remfrey Editor-in-Chief USQ Law Society Law Review

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USQ LAW SOCIETY LAW REVIEW

2min
pages 1-3

INDIGENOUS SENTENCING COURTS IN AUSTRALIA: A THERAPEUTIC JURISPRUDENTIAL MODEL OR A CATEGORY OF THEIR OWN?

13min
pages 123-129

THERAPEUTIC JURISPRUDENCE SEEKS TO ACHIEVE A CULTURAL AND POLITICAL TRANSFORMATION OF THE LAW. HOW DO THE INDIGENOUS SENTENCING COURTS IN AUSTRALIA CONTRIBUTE TO THAT AIM?

15min
pages 115-121

INDIGENOUS SENTENCING COURTS: ‘WHO WILL I BELONG TO NEXT, WHAT LAWS WILL THEY MAKE FOR ME NOW?’

16min
pages 107-113

INDIGENOUS SENTENCING COURTS ENLARGE THE DISCRETION OF JUDGES, LAWYERS AND THERAPISTS. WHY (OR WHY NOT) IS SUCH A DISCRETION BENEFICIAL TO AUSTRALIAN SOCIETY?

17min
pages 99-106

THE IMPACT OF SETTLER SOVEREIGNTY ON INDIGENOUS CUSTOMARY LAW AND ITS CONTRIBUTION TO THE DISPOSSESSION OF INDIGENOUS AUSTRALIANS

14min
pages 91-97

STUCK BETWEEN A ROCK AND A HARD PLACE: RECOGNIZING INDIGENOUS LAND CLAIMS IN A WESTERN LEGAL SYSTEM.

15min
pages 83-89

YOUTH BOOT CAMPS A COMPARATIVE EVALUATION: A PUNITIVE MEASURE OF AN OPPORTUNITY TO AVOID JUVENILE CRIMINAL RECORDS?

53min
pages 59-82

LEGAL REALISM’S ANALYSIS OF JUDICIAL BEHAVIOUR AND ITS CONTRIBUTION TO JURISPRUDENCE

13min
pages 51-57

INDIVIDUALS HAVE CONSTITUTIONAL RIGHTS BUT CAN JUDGES ALSO CONSIDER NATURAL RIGHTS?

14min
pages 45-50

DEMOCRATIC PEACE THEORY

17min
pages 37-43

THE CARRY OVER EFFECT OF BRENTON TARRANT ON AUSTRALIAN ANTITERRORISM LEGISLATION.

11min
pages 31-36

SHOULD AUSTRALIA FOLLOW THE BRITISH MODEL AND ADMIT BAD CHARACTER EVIDENCE AS SET OUT IN SECTIONS 98-113 OF THE CRIMINAL JUSTICE ACT 2003 (UK)?*

20min
pages 21-29

NATIONHOOD POWER & INTERGOVERNMENTAL IMMUNITIES: WHERE DOES THE POWER VEST*

24min
pages 9-20

EDITOR-IN-CHIEF’S ADDRESS

1min
page 8

LAW REVIEW VICE PRESIDENT’S ADDRESS

1min
page 7

FEMINIST APPROACHES TO SUBSTANTIVE EQUALITY

17min
pages 161-168

CONSTRUCTION DELAYS, EOT’S, TIME BARS, LIQUIDATED DAMAGES AND THE SUPERINTENDENT’S OBLIGATIONS – UNDERSTANDING THE IMPLICATIONS OF DELAYS CAUSED BY THE PRINCIPAL AND THE OPERATION OF THE ‘PREVENTION PRINCIPLE’

19min
pages 183-195

IS FEMINIST LEGAL THEORY ENACTING CHANGE OR IS IT SIMPLY AN EXPLANATION OF THE ROLE THAT LAW HAS PLAYED IN THE SUBORDINATION OF WOMEN?

20min
pages 153-160

BUKTON V TOUNESENDE: HOW MODERN CONTRACT LAW BEGAN ON THE HUMBER

6min
pages 169-172

SMART CONTRACTS – THE FUTURE OF CONSTRUCTION CONTRACTS, OR MERE HYPE?

18min
pages 173-182

INDIGENOUS SENTENCING COURTS: HOW ENLARGED DISCRETION BY JUDGES, LAWYERS AND THERAPISTS CAN BENEFIT AUSTRALIAN SOCIETY

15min
pages 131-138

BARRIERS TO WOMEN IN LAW

12min
pages 145-152

HOW DID THE MARRIED STATE LEAVE A WOMAN VULNERABLE UNDER ENGLISH LAW?

10min
pages 139-144
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