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Sir Owen Dixon’s Legacy

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 …

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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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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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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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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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Jurisdiction in International Litigation

Transport and communications technologies have made international disputes common, and a frequent practical issue is which country or countries have jurisdiction to resolve the dispute. Existing literature on private international law tends to emphasize choice of law rather than jurisdiction. Cases tend to show that the practical significance of Jurisdiction has yet to be appreciated. This groundbreaking book fills in …

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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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Jesting Pilate

Although it is now ninety years since he was first appointed to the High Court and fifty five years since he retired as Chief Justice, Sir Owen Dixon remains the towering figure in Australian jurisprudence. He is widely viewed as our greatest and most influential judge. While Dixon’s judgments continue to be cited by courts and debated by scholars, his …

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Intentional Tort Litigation in Australia

Intentional Tort Litigation in Australia considers the high frequency intentional torts of assault, battery, false imprisonment and malicious prosecution throughout Australia. It provides an analysis of the elements of each tort and commentary. The authors consider practical matters necessary in determining whether a claim may be brought; if so, how and against whom; what potential damages, or limitation of damages, …

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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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Douglas and Jones’s Administrative Law

Fully revised and updated to include the latest administrative law decisions, Douglas and Jones is a leading text on administrative law. Notable for its accessibility and background material, the authorship of the 8th edition has been expanded. Roger Douglas and Professor Michael Head are joined by two other experienced administrative law educators, Yee-Fui Ng and Margaret Hyland. Key Features of …

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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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