I am opposed to this proposed legislation. I will restrict my comments in this submission to the proposed s 52DA which creates a new prohibition against the public recitation, publication, display or distribution of expressions which are not in the Bill but are proposed to be created by regulation. The intention of introducing the Bill...Read More

The 2021 Australian of the Year winner Grace Tame attended a rally in Sydney on Monday, 9 February 2026 and chanted, “From Gadigal to Gaza, globalise the intifada”.  Ms Tame was exercising her right to freedom of speech and what she said, to reasonable minds, is of no moment. But Ms Tame, a lived experience sexual...Read More

Matthew Brady KC has recently returned from Papua New Guinea where he spent a week as a member of the Bar Association of Queensland’s training party for the 2025 Legal Training Institute in Port Moresby.  After a busy week of teaching, he stayed on for the opening of the new National and Supreme Court complex...Read More

Over the past four years, Queensland’s Court of Appeal has allowed five appeals in criminal fraud cases because of insufficient directions to the jury on the defendant’s “knowledge, belief, or intent” that is alleged to have caused the defendant’s conduct to be dishonest. Is it that hard to articulate what knowledge, belief, or intent held...Read More

For better or worse, jurisdictional error is a concept that strikes at the heart of Australia’s constitutional system. Its meaning shapes the breadth of the courts’ jurisdiction to engage in judicial review. Though the High Court has recognised the difficulties inherent in distinguishing between jurisdictional and non-jurisdictional errors, the distinction has long been preserved. Whether...Read More

This article analyses High Court’s decision in Minister for Home Affairs v Benbrika [2021] HCA 4; 388 ALR 1; 95 ALJR 166, particularly the extent to which protective detention mechanisms are responsive to the federal judicial power. Specific focus is paid to the implications of the decision on the principle originally propounded by Brennan, Deane...Read More

Preliminary The writ of habeas corpus functions as a protector of liberty; enabling review by superior courts of the legality of custody or detention. The writ is intended to provide a swift and imperative remedy in all cases of illegal restraint or confinement. Fundamentally, physical control of a person’s detention or custody by a respondent...Read More

The decision in Commonwealth of Australia v Palmanova Pty Ltd [2024] FCAFC 90 concerned an appeal to the Full Federal Court of Australia. The appeal centred upon an issue of statutory interpretation, namely, the construction of s 14 of the Protection of Movable Cultural Heritage Act 1986 (Cth) (‘the Act’). That provision, concerning the forfeiture...Read More

In an era where the United States Supreme Court’s legitimacy is such that calling it a politically corrupted court is not far fetched. It is worth remembering that one of the most important benches in the world has had sit on it socially progressive and liberal judges who have seen justice as a force for...Read More

A recent contract decision: Cessnock City Council v 123 259 932 Pty Ltd Case Review – Amann Aviation revisited. Robert Quirk, Barrister-at Law  Introduction  The recent decision of the High Court in Cessnock City Council v 123 259 932 Pty Ltd (Cessnock)[1] revisited the issue of the assessment of damages when there is wasted expenditure and the...Read More