Competition law is centred on the idea that competitive markets can efficiently and effectively deliver the goods, services, and economic growth that society desires. It seeks to promote the proper functioning of markets in order to deliver such benefits as low prices, consumer choice, and innovative products. This is done through provisions such as criminal offences for price fixing and …
National Security Law, 2e, is about the law governing the Canadian state’s response to serious crises — that is, events that jeopardize its national security. The book approaches national security law as a system, organizing its discussion of law around five themes: structure (the mandate and roles of national security agencies); threats (aggression, terrorism, interference, proliferation, and emergencies); information (domestic and international …
Featured on The Hill Times’ 100 Best Books in 2020 list This book explores the experiences of a group of women in Canada who are small in numbers yet have garnered much legal, political, and social attention in recent years. Muslim women who cover their faces with a veil arouse visceral reactions in people who, despite exposure to diverse ways …
The Law of Contracts, third edition, is a thorough revision of this authoritative text in Irwin Law’s Essentials of Canadian Law series. It includes discussion of recent jurisprudential developments in a variety of topics, including: the impact of the ground-breaking decision in Bhasin v Hrynew on articulating the general organizing principle requiring good-faith performance the effect of the decision of …
Now in its fifth edition, Admiralty Jurisdiction, has expanded to include the law of the United Kingdom, Canada, South Africa and India in addition to Australia, New Zealand, Singapore, Hong Kong and Malaysia. It is a comprehensive account of admiralty jurisdiction – law and practice – in these jurisdictions. The scope of the book, its detailed analysis and its clear …
Representing children in refugee protection proceedings is complex work involving legal, psycho-social, welfare and cross-cultural issues. Children and young people are amongst the most vulnerable people affected by migration controls, especially when they are seeking asylum alone, without the support of a responsible adult. Their interaction with government systems in this area is known to cause them high levels of …
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The leading book on the treaty debate in Australia has been fully revised. This second edition takes a fresh look at modern treaty-making between Indigenous peoples and governments in Australia. Exploring the why, where, and how of treaty, it concludes by offering seven strategies for achieving treaty. A number of significant developments have occurred since the publication of the first …
The breadth of executive power is a topic of enduring concern. Yet, it is rarely considered through an interpretive lens. This collection of papers from some of Australia’s leading judges, practitioners and academics explores how Australian courts do construe the scope of executive power, and how they should. In particular, the collection focuses on the ways in which courts should …
Since its initial publication in 2012, Authority to Decide has established itself as the pre-eminent resource for Australian practitioners and courts dealing with questions of jurisdiction. It has been cited regularly in judgments of the High Court of Australia, and in dozens of first instance and appellate judgments of other courts. Some of propositions advanced in the first edition have …
This book comprehensively analyses the equitable doctrine of rectification with its main focus on rectification of contractual documents. It seeks to clarify and classify all aspects of the doctrine, by closely engaging with the leading modern cases, and seeking to place them in the context of fundamental principle – including where they depart from principle. It is a major contribution …
A standard reference for lawyers involved in valuation cases, the book is widely cited by courts and tribunals throughout Australia, particularly the High Court, the NSW Court of Appeal and Land and Environment Court, and Queensland’s Land Court and Land Appeal Court. Since the publication of the fifth edition the legal and valuation principles of the valuation of land in …
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Featured on The Hill Times’ 100 Best Books in 2020 list Elections are the high point of democracy. They provide scheduled opportunities for the people at large to have a participatory voice in their own government. They enable adult citizens to judge those who have governed them recently, to select those whom they want to govern them in the near …
Fifty years in a law profession she loves, twenty-four spent as a judge, Nancy Morrison is a storyteller and trail-blazer. Entertaining, at times warm and witty, this memoir also reminds us of dark times, of the ever-relevant social and political issues of the day, and the need for law reform. Here is a life that was never dull, including the …
Women in Criminal Justice: True Cases by and About Canadian Woman and the Law is the fourth book in Durvile’s True Cases series. The book is unique in that stories are authored by eminent Canadian women judges and lawyers and deal with terrorism, drugs, sexual assault, and mental disorders, as well as motherhood, child protection, LGBTQ+, immigration, Indigenous, and other …
Law and Mental Disorder: A Comprehensive and Practical Approach is an encyclopedic medico-legal overview of forensics issues. With 60 chapters, and over 50 contributors, the topics range from an introduction to the legal system for psychiatrists, to pharmacological treatments for sex offenders, to the pathways to conduct disorder amongst children. The book has been written for a professional audience of …
Designed as a companion volume to International Human Rights Law (Irwin Law, 2004, in the Essentials of Canadian Law Series), this book is a comprehensive collection of international, regional, and national documents most relevant to the study and practise of international human rights law in Canada. It is a convenient, logically organized source of key references for readers of International …
The colour of justice in Canada is largely driven by stereotypical assumptions about crime and those who commit it. Over the last few years, the use of race, ethnicity, and religion as indicators of suspicion by the police and security officials has come under scrutiny. The focus, however, has largely been on the American experience. The Colour of Justice provides …
Winner of the 2009 Canadian Law and Society Association Book Prize Carnal Crimes: Sexual Assault Law in Canada, 1900-1975 is an engaging and powerful book about sexual assault crimes in Canadian history by one of Canada’s foremost legal historians. Using a case-study approach, Constance Backhouse explores nine sexual assault trials from across the country throughout the twentieth century. We move …
For decades the Northern Territory’s criminal law has stood at the jurisprudential frontier of Australia: grappling with a unique set of circumstances, almost entirely dominated by the situation of its Aboriginal people. This 2nd edition deals in detail with the sweeping changes introduced in 2005 by Part IIAA of the NT Criminal Code. These changes often mirror the Criminal Code …
This book articulates the potential of the principle of separation of powers reflected in the structure and text of the Australian Constitution to protect fundamental due process rights. Clearly, the founding fathers did not enact an express bill of rights in the Australian Constitution, and the document contains a limited number of express rights. However, the High Court has accepted …
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The latest edition of this leading text features a new and expanded team of authors, who explain and analyse Australia’s complex system of labour regulation. The book has been substantially restructured and updated to cover the many statutory amendments introduced or proposed over the past five years, especially to the Fair Work legislation, but also on matters such as work …
Cowen and Zines’s Federal Jurisdiction in Australia, cited in:National Australia Bank Limited v Nautilus Insurance Pte Ltd (No 2) [2019] FCA 1543 at [89] by Allsop CJ,Construction Forestry Mining and Energy Union v Director of the Fair Work Building Industry Inspectorate [2016] HCA 41 at [35] footnote 47 This book examines the jurisdiction of the High Court, federal courts and …
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The purpose of this text is to provide a teaching/ learning tool within a semester corporations law unit. The use of a plain English writing style, combined with fuller case extracts makes corporations law more accessible to those who study or practise in the area of corporations law. Since the publication of the third edition there have been significant changes …
Contract and the Australian Consumer Law analyses the way the Australian Consumer Law has modified contract law. In particular, provisions in the Australian Consumer Law in relation to consumer guarantees for goods and services, unfair contract terms, misleading or deceptive conduct and unconscionable conduct are considered and analysed. The book discusses recent cases on these topics and extracts guiding principles …