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 …
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 …
Cover photograph: Ethos before LawCourtesy and Copyright of the Photographer: Werner PadarinSculpture of Ethos by Tom Bass This fourth edition of Law in Context not only updates the text by reference to the latest thinking and developments in the broad area of ‘law in context’, but also introduces readers to the wider social, political and regulatory contexts of law. Bottomley …
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 …
This collection of papers by some of Australia’s leading judges and practitioners focuses on issues that have received insufficient attention in the published literature. It begins with four Spigelman Orations, delivered to the Public Law Section of the NSW Bar: Justice Stephen Gageler on deference, Chief Justice James Allsop on values in public law, Justice Virginia Bell on judicial legitimacy …
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, …
The issue of job quality is again popular amongst researchers and policy-makers throughout the advanced economies. Better, not just more, jobs are what are now needed. Good quality jobs boost the economic and social well-being of individuals, firms, families, communities and countries. Countries with better job quality have higher rates of employment, lower rates of unemployment and higher levels of …
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 …
How do Australians have a say in their government?Who makes decisions in government and how?What limits are there on the powers of the Commonwealth and State governments? Fundamental issues which go to the heart of Australian democracy and provide the themes in this book. Writing with great insight and clarity, wearing her renowned scholarship lightly, Saunders enables all Australians to …
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, …
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 …
Hunt on Mining Law of Western Australia has been established for more than 32 years as an essential reference for all legal issues relating to the mining industry. Although it deals with the law as applied to exploration and mining in Western Australia, it is of use to mining law practitioners in other States and the Northern Territory because there …
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”. …
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 …
The bills of rights adopted in the Commonwealth countries of Canada, New Zealand, the United Kingdom and, at the subnational level, Australia in recent decades, have prompted scholars and institutional actors involved in the process of constitutional design and reform to rethink how to evaluate and compare the different approaches to human rights protection. They have challenged a number of …
From Dialogue to Disagreement in Comparative Rights Constitutionalism Read More »
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 …
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 …
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 …
Encounters with Constitutional Interpretation and Legal Education Read More »
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 …
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 …
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 …
This biography, the 12th in Bennett’s Lives of Australian Chief Justices, commemorates the distinguished career of Tasmania’s Sir Valentine Fleming. An English barrister of Irish descent and education, Fleming arrived in Hobart as Insolvency Commissioner. A “useful man” to government, he advanced as Crown Law Officer and served ex officio in the Legislative Council until succeeding Sir John Pedder as …
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 …
In Social Work with Indigenous Communities – A human rights approach, Linda Briskman, social worker, academic and author of the acclaimed book The Black Grapevine – Aboriginal Activism and the Stolen Generations, throws down the gauntlet to practitioners and students of social work, challenging them to pursue a better, more informed way of meeting the unique needs of this community. …