Many in the construction industry, and their professional advisers, remain unaware of the scheme for compulsory rapid adjudication which has now been adopted throughout Australia outside WA and NT. Many contractors and owners are compelled to pay large claims because they have not availed themselves of the protections afforded by the legislation. Philip Davenport’s book explains the scheme, and its …
Historically, the mining industry has had a high incidence of work related injury and disease, and of disasters involving multiple fatalities. It also faces OHS challenges far exceeding those confronting most other industry sectors. Mine safety legislation can play an important role in meeting those challenges. Although regulation is never likely to be the entire answer, good regulation not only …
Planning in Queensland: Law, Policy and Practice takes a fresh look at the operation of planning law in Queensland, incorporating insights based on current debates and reforms to the relevant law. As with its predecessors, this new text explains the main features of Queensland’s principal planning statute, now the Planning Act 2016, and brings the features of this highly technical …
Australia and the Birth of the International Bill of Human Rights provides the first in depth examination of Australia’s first reactions to ‘international human rights’ during the negotiations for the International Bill of Rights: the Universal Declaration of Human Rights, the ICCPR and ICESCR. It follows Australian policy from 1946, the first year in which the United Nations began discussing …
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The Australia Acts, one enacted in Australia and the other in the United Kingdom, are fundamental constitutional documents for Australia: they terminated the remaining constitutional links between the two countries. Negotiated behind closed doors, little has been known of their background and purpose. Using previously confidential documents, this book reveals what was intended, what was disputed and what was rejected. …
The 11th edition of this well known reference book provides the full text of the Safety, Rehabilitation and Compensation Act 1988 (SRCA) current as at 1 April 2018 and annotations of Court and Tribunal decisions to 1 March 2018. The book contains an up-to-date discussion of recent litigation concerning the SRCA, including “injury” and “disease”, “reasonable administrative action taken in …
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This collection of papers by some of Australia’s leading judges, scholars and practitioners focuses on complex public law issues. The book examines executive power, judicial and tribunal review and integrity bodies like Ombudsmen. The opening papers consider separation of powers issues. Justice Stephen Gageler asks if three arms of government remains a suitable model. Do we need a fourth? Greg …
The Federal Court of Australia exercises principal trial and intermediate appellate jurisdiction in relation to federal administrative law in Australia, a jurisdiction which is central to the Court’s existence and function. Therefore, it was fitting for the Court, together with the Law Council of Australia, to host a conference designed to provoke thought and discussion about contemporary issues in Australian …
Dovers and Hussey argue that better public policy is the key to creating a more sustainable environment and show what this might involve. This is an intensely practical book, intellectually rigorous, and written in a concise and accessible style. They meld a deep knowledge of traditional public policy with a close understanding of sustainability problems and an appreciation of the …
Prominent criminologist David Garland has argued that VISs have led us into ‘unfamiliar territory where the ideological grounds are far from clear and the old assumptions an unreliable guide’. A victim impact statement (VIS) is a highly nuanced and individual narrative that can operate as both an informational device in the sentencing process and an expressive mechanism for crime victims. …
Photo: © Courtesy of The Oslo Times Federations are in a state of flux globally, and Australia’s federation is no exception. As policy demands change and funding pressures mount, federal reform is always on the agenda. Yet, as demonstrated by the failure of recent reform attempts, change is never easy. This book takes a fresh look at the challenges and …
Public and Environmental Health Law is a successor to Public Health Law and Regulation 2nd edition and offers a critical and up to date assessment of the legislation, cases and policies that impact on public health practice in Australia and New Zealand. As with earlier editions, this book outlines and discusses laws in a range of important areas including environmental …
Ethics and Law for the Health Professions is a cross-disciplinary medico-legal book whose previous editions have been widely used by students, teachers and practitioners in the health professions and in law. This new 4th edition has been extensively revised and updated to take account of developments in law, biomedical science, healthcare delivery and bioethics. Sections dealing with critical reasoning, problem …
Within contemporary society the meaning of ‘health’ is surprisingly unstable. Guiding principles that once seemed self-evident have been challenged by new social, scientific and economic forces. This book argues that the foundational terms and concepts, which form the basic building blocks of dialogue about health, are now in flux. While the forces in play differ, and the pace of change …
The rule of law constitutes the hallmark of contemporary Western society. However, public perceptions and attitudes to the law can vary in space and time. This book explores legal solutions to selected problem scenarios in their broader historical, economic, political and societal context. The focus is on the legal traditions of civil law and common law. The book is premised …
How and why do some country law firms not only survive but prosper while others flounder and fail? Caroline Hart provides insights for creating a successful country law firm through her interviews with over 40 practice owners who generously share their experiences – good and bad. The remarkable lessons they provide are distilled into seven elements of success. The book …
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The new Work Health and Safety uniform laws impose extensive obligations on those who conduct a business or undertaking to ensure the safety of anyone who may be affected by the operation of the business or undertaking. These obligations are not confined to the safety of employees and will cover customers, members of the public and even trespassers across most …
This book investigates the history of the modern doctrine of account, and by that history, seeks to identify some of the principles and premises which help explain the application of, and which underlie, the action today. The common law account, and its successor in equity, is over 800 years old. There does not appear to have been any work devoted …
This book examines whether there is a right to strike in Australia through a detailed study of the laws which impact on the capacity of workers to take industrial action. Beginning with an exposition of the obligation to respect the right to strike in international law, the book traces Australian strike law from the conciliation and arbitration systems, through to …
Cecelia O’Loughlin (a Narungga woman from Point Pearce, South Australia) Community Justice: You have a voice, let it be heard 2003 oil on canvas Purchased collection of the Courts Administration Authority, Adelaide, 2003 © Courts Administration Authority ______________________________________________________ The specialist Aboriginal Court is one of the most important and controversial measures introduced in recent decades to address the disadvantage and …
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The fifth edition of Discrimination Law and Practice has been completely updated and provides a comprehensive analysis which simplifies the complex definitions of unlawful discrimination including direct and indirect discrimination, reasonable adjustments and harassment. The book then provides the reader with detailed commentary about the protected areas covered by the legislation including employment, education and the provision of goods and …
There are proven benefits to managers, employees and trade unions working together to achieve mutual gains. The tradition of adversarial workplace relations in Australia, so embedded in our culture, institutions and politics, is a powerful obstacle. But the potential for cooperative transformation is illustrated by the examples in this book. Drawing on research undertaken in partnership with the Fair Work …
Over the past four decades Aboriginal people living in remote and regional Australia have been empowered by land rights and native title laws to claim back large tracts of their ancestral lands. Today the Indigenous estate covers over 20 per cent of the continent and includes areas of globally significant biodiversity and cultural value, many now declared as Indigenous Protected …
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Old Law, New Law follows the author’s Lawyers Then and Now in offering a miscellany of genuine legal stories drawn from Australian legal history as well as its modern law. If there is any change of focus, this work looks at the people of the law through the prism of established or changing legal doctrines and processes. The chapter headings …