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The Wages Crisis in Australia

The persistence of weak wages growth in Australia, at a time when the state of the economy might suggest much better outcomes for workers, has baffled policy makers. Andrew Stewart, Jim Stanford and Tess Hardy have drawn together expert analysts from business, universities, think tanks, community organisations and trade unions to answer four pressing questions: What is the wages crisis? …

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The Varieties of Restitution

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 …

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The Trial

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 …

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The Principle of Legality in Australia and New Zealand

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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The Law of Tribunals

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 …

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The Federal Court’s Contribution to Australian Law

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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The Critical Judgments Project

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 …

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The Australasian Coroner’s Manual

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 …

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Tensions and Traumas in Health Law

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 …

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Ten Pathways to Death and Disaster

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 …

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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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Risky Business

People going into business often obtain advice from professional advisers about how to structure the business. For example, should they operate as sole traders, in partnership, through a company or through a trust? Some professional advisers, especially accountants, have been known to recommend a structure based on tax minimisation and nothing more. That advice is not always consistent with a …

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Remedies

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 …

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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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Principles of Equity and Trusts

This fifth edition of Principles of Equity and Trusts has been comprehensively updated and revised. It also includes a foreword by the Honourable Justice Geoffrey Nettle of the Australian High Court. The fifth edition retains its original style of presenting principles and remedies relevant to equity and trusts in a straightforward and succinct manner, referencing up-to-date cases and materials. It …

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Ong on Subrogation

In this book Professor Denis Ong, author of the acclaimed works Trusts Law, Ong on Equity and Ong on Specific Performance, addresses the complexities of the equitable doctrine of Subrogation. This lucid text ranges over all areas where the doctrine is most commonly applied – insurance, trusts and the administration of estates, and sureties. Generally, the key principles of law …

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Ong on Rescission

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 …

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Ong on Rectification

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 …

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Ong on Contribution

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 …

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Migrant Labour Law

In our globalised world, we constantly talk about the need to future-proof our skills and jobs to remain competitive in an increasingly mobile society and economy. However, labour migration policies, institutions and safeguards are lagging way behind. This study endeavours to explore possible solutions in order to address the issues and needs of a mobilised global workforce. The analysis aims …

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The Making of Australian Property Law

In 1847, in one of the most important cases in Australian legal history, the Chief Justice of NSW, Sir Alfred Stephen, handed down a decision that would have profound implications for both the development of Australian property law and the property rights of the Aboriginal peoples of Australia. The case was Attorney General v Brown, and in his decision Stephen …

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Lawyers in Australia

Lawyers in Australia is a wide-ranging and detailed examination of the legal profession and its ethical framework. It contextualises the role, responsibilities and ethics of lawyers in contemporary Australian society and discusses recent trends and issues. It has continued to be a popular text for the teaching of legal ethics courses since the first edition was published in 2007. Its …

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