This book is the first in Australia dedicated to the legal environment of our universities. The law both drives and governs the evolution of Australia’s strong and vibrant system of higher education. Here, experts explore a wide range of areas of topical and salient interest, providing a comprehensive resource for those both within and outside the sector, including managers, governors, …
Ben Quilty Troy Park, after Afghanistan 2012 Oil on linen 190 x 140 cm Australian War Memorial, Canberra Collection of the artist © Ben Quilty ______________________________________ This is the only book devoted to the law on veterans’ entitlements and military compensation in Australia. The book comprehensively annotates the Veterans’ Entitlements Act 1986 (VEA) and, in this third edition, for the …
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Cover artwork: Order In The Court Reproduced with permission of the artist © Anthony R Falbo www.falboart.com The third edition of Uniform Evidence Law: Text and Essential Cases continues the style of integrated discussion of evidence law from the earlier editions of this work resulting in a seamless synthesis and analysis of this significant area of law and practice. A …
This book is the most fundamental analysis of native title in the common law world since McNeil’s Common Law Aboriginal Title in 1989. Through a broad and detailed examination of the jurisprudence across Australia, USA, New Zealand and Canada, it argues that the Australian preoccupation with ‘tradition’ is a deeply flawed approach. Dr Young points to many technical problems and …
Over the past decade, the High Court has repeatedly rejected the notion that there is a unifying principle of unjust enrichment at the plaintiff’s expense, in contrast to the position in the UK. This book provides a vigorous and sustained justification for the Australian position, and demonstrates that the law in the UK has generated more fictions than it was …
Brett Whiteley (Australia; England, b.1939, d.1992)Hyena: no. 6 from the series My relationship between screen printing and Regents Park Zoo between June and August 1965 (detail)(1965)two-colour screenprint, printed on paper, 76.1 x 60 cmArt Gallery of New South WalesPurchased 1965Photo: AGNSW© Wendy Whiteley______________________________________ Written by leading evidence law scholars, combined with practitioner contribution, The Trial examines procedural and evidentiary law …
This work explains how statutes underpin and inform the whole of the law of negligence. Although the civil liability legislation has highlighted the foundational role of statutes, in truth this has been the case for many decades. The book shows how throughout the entirety of the law of negligence – including duty, breach, causation, contributory negligence, statutory contribution, proportionate liability …
In this age of statutes and human rights the common law principle of legality has assumed a central importance. The principle holds that unless Parliament makes unmistakably clear its intention to curtail or abrogate a common law right, freedom or principle, the courts will not construe a statute as having that operation. As Lord Hoffmann famously observed, this “means that …
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This is a practical book about the law governing practice and procedure in Tribunals with annotations on the Civil and Administrative Tribunal Act 2013 (NSW). Tribunals exercise administrative, curial and inquisitorial powers and are playing a greater role in the administration of justice in Australia for resolving administrative and civil disputes than ever before. This has resulted in the consolidation …
To mark the 40th anniversary of the establishment of the Federal Court of Australia, this collection brings together current and former Federal Court Justices, and leading academics and practitioners to consider the Federal Court’s past, present and future contributions to the development of Australian law. Although first established as a court of limited jurisdiction, the Federal Court’s jurisdiction now touches …
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Edited by M Scott Donald and Lisa Butler Beatty, on behalf of the Superannuation Committee of the Law Council of Australia The Law Council of Australia has held an annual conference on the law of superannuation each year since 1990. Over the years papers have been delivered by some of Australia, Canada and the UK’s leading judges, legal practitioners and …
BRODLIM x JULIEN RAYNAUD Le Penseur 2015 Kashmiri embroidery 80 cm X 80 cm Reproduced with permission of the artist, Julien Raynaud and BRODLIM © BRODLIM & Julien Raynaud www.brodlim.com www.julienraynaudart.com ______________________________________ This book introduces students to a number of critical legal perspectives and demonstrates how such perspectives might be used to influence and reimagine existing legal doctrines. It extends …
Between 1910 and 1919, William Pitt Cobbett, former Professor of Law and Dean of the Sydney Law School, wrote what would become his great opus on the Constitution and Government of Australia but the manuscript was never published. Its publication had been frustrated in the period following his death by the High Court’s judgment in the Engineers Case in 1920 …
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The Coroners Court presents unique and complex challenges for coroners, lawyers and others working in the jurisdiction, as well as for bereaved families and friends. This new manual, written by a leading Australian coroner and an academic lawyer with a special interest in the cultural diversity of death rites and customs, provides practical guidance not available in any other single …
This book builds upon the successful Controversies in Health Law (1999) and Disputes and Dilemmas in Health Law (2006). Under the same editorship, it is substantially larger (37 chapters instead of 18 and 30 respectively) and correspondingly more comprehensive. It retains the lively analysis and the focus on controversial and cutting-edge problems in health law. The chapters are broken up …
Why do mine disasters continue to occur in wealthy countries when major mine hazards have been known for over 200 years and subject to regulation for well over a century? What lessons can be drawn from these disasters and are mine operators, regulators and others drawing the correct conclusions from such events? Why is mining significantly safer in some countries …
This book explores the legal meaning of the radical new laws which have transformed the social security system in the last decade. It analyses legislation and case law and lays out the legal principles and concepts, which underpin the sweeping reforms, culminating in the ‘welfare reform’ package announced in the 2005 Budget. It also explores the policy foundations of these …
Sir Owen Dixon is the most renowned jurist Australia has ever produced. His lasting significance stems not only from a mastery of the technique of the common law, but from his involvement in many of the most important decisions in Australia’s legal history. During the course of his long tenure on the High Court of Australia, Dixon oversaw the development …
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 …
Remedies are incredibly important. Remedies are what clients want and understanding the law of remedies is crucial to both the study and the successful practice of law. Often remedies appear as afterthoughts to discussions about breach – whether of tort, contract or equitable obligation. This common approach can cost clients a lot of money. Vitally important too is an understanding …
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 …
Ong on Rescission is Professor Denis SK Ong’s fifth treatise in the field of equity. With its rigorous, yet accessible, approach to this complex area of law Ong on Rescission is a perfect supplement to his earlier acclaimed works: Trusts Law in Australia (now in its 4th edition), Ong on Equity, Ong on Specific Performance and Ong on Subrogation. The …
In Ong on Rectification, Professor Denis SK Ong brings his customary penetrating analysis of the authorities to the equitable remedy of rectification. Topics discussed include: the nature of rectification; a detailed exploration of the principles of contractual construction; the difference between construction and rectification; rectification of both common and unilateral mistakes; and rectification of wills. Professor Ong very carefully sets …
Ong on Contribution is Professor Denis SK Ong’s sixth treatise in the field of equity. With its rigorous, yet accessible, approach to this complex area of law Ong on Contribution is a perfect supplement to his earlier acclaimed works: Trusts Law in Australia (now in its 4th edition), Ong on Equity, Ong on Specific Performance, Ong on Subrogation and Ong …