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Seddon on Deeds

This is the first Australian text on the law of deeds. Until now, practitioners have had to use Norton A Treatise on Deeds, an English text of 1928. Seddon on Deeds comprehensively sets out the law applicable to the use of deeds by lawyers, referring, so far as possible, to Australian cases, and covering the 20th century Commonwealth, State and …

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Public Law in the Age of Statutes

Inspired by and honouring the contribution to Australian public law of Dennis Pearce, this collection of essays by some of Australia’s most influential legal thinkers explores how the ascendency of statutes over the past few decades has come to influence the development of Australian public law. A range of current issues relating to statutory interpretation, judicial review, delegated legislation, law …

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Public Law and Statutory Interpretation

This book is the first of its kind to provide a clearly written and comprehensive overview of public law principles, together with the principles and process of statutory interpretation. The former inform the fundamental nature of the Australian legal system; the latter is vital knowledge in a legal system in which statute law is so pervasive. This approach is consistent …

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Perspectives on Australian Local Government Reform

Over the past three decades, all Australian State and Territory local government systems have experienced episodes of reform of varying degrees of intensity, often involving controversial programs of forced amalgamation. Perspectives on Australian Local Government Reform draws upon the insights and expertise of an extraordinary group of contributors, drawn from practitioners with extensive and exceptional ‘hands-on’ experience in local government, …

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The Mason Papers

" There have been times when Australian court judgments have held enormous weight in courts throughout the world, certainly throughout the Commonwealth. Owen Dixon’s High Court in the 1950s and Anthony Mason’s High Court in the 1980s are examples. If there were an Olympic record for teams of judges – and why not since they have Olympic medals for tae …

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Land Contracts in Queensland

Land Contracts in Queensland provides a thorough, user-friendly account of the law relating to buying and selling freehold land in Queensland. The authors analyse the substance of the transaction through the medium of the latest standard REIQ Residential, Commercial and Community Titles contracts, and draw on a comprehensive range of court decisions relating to the area. There are chapters covering …

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Judicial Independence in Australia

Judicial independence is a fundamental aspect of law and governance in Australia, commanding near universal endorsement. Despite its vital importance, the independence of the Australian judiciary is threatened on a variety of fronts. This volume brings together some of Australia’s leading constitutional scholars to discuss judicial independence and its contemporary challenges, including challenges posed by politics, judicial selection, extra-judicial activities, …

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Intellectual Property

Intellectual Property: Text and Essential Cases continues to provide a comprehensive, up-to-date legal analysis of modern intellectual property law. This edition considers important new cases which expose the ever expanding reach of intellectual property law in Australia. From breast cancer gene sequencing to plain tobacco packaging, from the Kookaburra song to mobile league coverage and the moral rights of celebrities …

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Heydon: Selected Speeches and Papers

This insightful, rewarding and highly readable volume is a generous selection of the best of Dyson Heydon’s speeches and papers. Most have a legal theme, although the book is of broader interest. As the Hon Ian Callinan observes in his foreword, in these papers the author “combines the arts of the essayist, historian, orator, obituarist, reviewer, critic, teacher and advocate”. …

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Health and Safety Law in Victoria

This is an entirely re-written and greatly expanded edition of this standard text on occupational health and safety law in Victoria. As with previous editions, it contains a detailed examination of the principal OHS statute in Victoria – the Occupational Health and Safety Act 2004. It also describes and analyses relevant aspects of other legislation which impinges on OHS regulation …

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Finn’s Law

Paul Finn is one of Australia’s great jurists – a figure of national and international significance as both an academic and a judge. While perhaps known for his work on fiduciary obligations and equity more generally, Finn has also been at the forefront of many other areas of private and public law. His work on integrity of government has been …

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Fiduciary Obligations

This volume brings together three separate works written by Paul Finn over nearly 40 years. The first, Fiduciary Obligations, was published in 1977. It has been out of print for many years, though it is still widely cited both in judicial decisions in common law countries and in international scholarship on fiduciary law. It has been regarded widely as a …

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Encounters with Constitutional Interpretation and Legal Education

What do constitutional interpretation and legal education have in common? For one thing, they share the same tension between theory and practice, between form and substance, between process and outcomes, between constancy and change, and between local and comparative perspectives. Each also has a substratum of fundamental underlying values that demand, but do not always receive, clear articulation. For another …

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Elder Law

Elder Law is a book for the legal practitioners, financial advisors, allied health professionals and medical practitioners working with older Australians. It is also a comprehensive and practical book for academics teaching the elder law advisors of the future. The book takes a multifaceted approach to the issues facing older Australians and is structured around key questions including: Who will …

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Directors’ Duties

Directors’ Duties: Principles and Application outlines key fiduciary and statutory duties of Australian company directors, with detailed reference to the position in the United Kingdom. It is addressed to academics, students and practitioners and resolves complex issues, as well as giving practical guidance on the characteristics and application of general law and statutory duties. In so doing it provides critical …

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Copyright Law and Practice

“This exposition of the Law and Practice of Copyright is aimed primarily at practitioners. … The work is not intended to be exhaustive; rather it is a practical guide to enduring principles which have been adapted by the legislature to contemporary conditions. … Sections in the text on jurisdictional problems arising from trans-national access to information, file swapping and various …

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Treaty and Statehood

If governments of Australia agreed to share power with Aboriginal people, what would the result be? And if Australia was to have a settlement or a treaty with Aboriginal and Torres Strait Islanders, what would a treaty deal with and how would a treaty affect the general public? Is there anything beyond a treaty? Treaty and Statehood: Aboriginal Self-determination, by …

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Preventing Violence in Australia

This book has been written for all of those who are interested in understanding and preventing violence in Australia. Whether it occurs in the home, in the workplace, whilst out socialising or on the sports field, the personal, social, and economic costs of violence are often profound. Not only does it damage the physical and psychological health of those who …

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Emergency Law

Cover image: Fatal accident – Wallabadah showing Quirindi Volunteer Rescue Association and Rural Fire Service officers assisting paramedics at the scene of a motor vehicle crash.Photo: © Courtesy of The Northern Daily Leader, Tamworth.Photographer: Barry Smith, The Northern Daily Leader, Tamworth. The latest edition of this book has been updated to incorporate the latest developments in case law and legislation. …

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Crime, Aboriginality and the Decolonisation of Justice

Crime, Aboriginality and the Decolonisation of Justice explores contemporary strategies which might reduce the extraordinary levels of imprisonment and victimisation suffered by Aboriginal people in Australia. These are problems that continue to rise despite numerous inquiries and reports. Harry Blagg disputes the relevance of the western, urban, criminological paradigm to the Aboriginal domain, and questions the application of both contemporary …

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The Mystery of Everyday Life

This remarkable book takes a fresh look at life as a process, not an end, encouraging readers to look for the meaning of life not in terms of achievement or others’ opinions, but in the everyday joys of living. From the Preface … It is easy to become attached to goals. Goals promise certainty, and the anxiety they induce only …

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When Doctors and Parents Disagree

In paediatrics, clinicians and parents sometimes disagree about the appropriate medical treatment for a child. Parents can prefer an option that differs from the clinician’s recommendation. When should the parents’ decision about their child’s medical treatment be overridden? This book explores ethical decision-making when clinicians and parents disagree about medical treatment for a child. It develops and explores a concept …

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Eureka

The editors of this book boldly proclaim that Eureka is Australia’s ‘greatest story’, and they have gathered together some of our country’s finest historians to prosecute the case. Collectively, they compile a strong argument. In the late 19th century that acute American observer, Mark Twain, called the Ballarat rebellion ‘the finest thing in Australasian history’ and, like all such milestone …

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