Jessie Street was a key figure in Australian political life for over 50 years. She was the only Australian woman delegate at the founding of the United Nations in 1945; the initiator of the 1967 “Aboriginal” amendment of the Australian Constitution; the colleague of Pablo Picasso on the World Peace Council Executive; and a controversial promoter of the Soviet Union …
The controversial career of John Walpole Willis is re-evaluated in the first comprehensive study of his legal career. Willis, the fifth judge to be appointed to the Supreme Court of New South Wales, served in three colonies, and in each place he wrestled with the role of the law in a rapidly-changing society. In Upper Canada, he confronted the colony’s …
Part history, part biography, First Among Equals takes us on a journey through the history of the State of South Australia as we follow the lives of the five Chief Justices who completed their term in the twentieth century. The book begins in the genteel South Australia of the last days of Queen Victoria when the Post Office and Town …
Mining Law and Policy: International Perspectives explains the key legal issues in the regulation of mining. The book starts with an overview of the mineral sector and broader forces which influence (and are impacted by) mineral regulation including mineral economics, sustainable development and other policy considerations. In addition to a broad summary of how governments regulate mining, the book follows …
This book breaks new ground in reviewing the naval and military law of the Australian colonies before their federation in 1901. Its particular focus is on the disciplinary codes contained in Acts of Parliament and subordinate legislation. A disciplinary code takes a certain form having regard to the nature of the force to which it is to apply, which in …
Cover image: Woman leading blind soldier (1917) by Clare Sheridan Sculpture Australian War Memorial, Canberra ART19568 © Jonathan Frewen Military Law in Australia covers contemporary legal practice in a military context. It is written by a stable of experts drawn from the profession, including a judicial officer, barristers, legal practitioners within Defence, legal academics, and public lawyers in government and …
Over the last 15 years the coal mining industry has achieved impressive gains in its work health and safety (WHS) performance. These are widely attributed to the development of a new WHS architecture based on structured risk management concepts and WHS management systems. Regulators too have sought to harness this approach in the development of a new form of “management …
According to the Australian Bureau of Statistics, as at 30 June 2011 the managed funds industry had approximately $1,824 billion of funds under management. Therefore the managed investment scheme is very important to the Australian economy. Despite this importance, the law concerning the managed investment schemes has historically formed only a small part of the Corporations legislation although the case …
Australia’s prosperous energy and resources sector is founded on long term contracts. Long term contracts give rise to a variety of difficult conceptual and practical issues that must be confronted by commercial lawyers and energy and resource professionals on a daily basis, ranging from negotiation and documentation through to interpretation and breach. Questions as to the operation, nature, and effect …
This book provides a summary of the 100 most cited cases in the law of contract and related subjects. Each case note contains an outline of the facts, the issues and the decision, an extract of the most frequently cited portions of the judgment, and commentary outlining the principles for which the case stands and incorporating later decisions on the …
New South Wales was from its origins uniquely connected with the criminal law. The second volume of A History of Criminal Law in New South Wales begins where the first volume left off in 1901 when the colony became a state. This is not simply a volume of technicalities and chronologies. Woods relates themes such as criminal punishment, the two …
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This book is the NSW Bar Association’s lecture series on the key issues in judicial review. It emphasises essential learning for the public law practitioner, whether solicitor, barrister or judicial officer, that is not easily accessed elsewhere. The collection opens with Justice Patrick Keane’s reflections on the role of the courts in public law processes. It has an overview of …
Justice in Tribunals, now in its 5th edition, deals with the law relating to quasi-judicial authorities of government, professions, sporting organisations, industrial, political and commercial associations and their supervision by the regular courts. By no means confined to general principles, it treats in detail due process before proceedings commence, urgent action, proper notice of issues to be decided, the right …
Accommodating Australians explores the rise and fall of public housing during a prolonged period of generous Government support for home ownership while forcing the poor to pay more for their accommodation. The book discusses the way in which Commonwealth initiative led to the States adopting town planning processes that due to State departure from historic approaches to the provision of …
The role and place of religion in Australia has become more contested and controversial in recent years. This important new book examines the extent to which religious freedom is protected in Australian law and explores some of the many ways in which the law and religion intersect. Through a series of case studies, Evans demonstrates the complex nature of the …
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Front cover images: Bob Hawke, ACTU Congress, 15 September 1979 (Fairfax, © Michael Rayner); Gough Whitlam on the steps of Parliament House, 11 November 1975 (Australian Labor Party); Paul Keating, National Press Club, March 1996 Election Campaign (Newspix); John Curtin, wartime rally, 1942 (Fairfax). Graham Freudenberg, Australia’s greatest speechwriter, says “the Australian Labor Party was built on speeches.” This book …
Following upon the success of the 2nd edition published in 2005, this new edition not only updates its predecessor but also adds considerable new material in consequences of changes in the law generally and commercial approaches to financing joint ventures in particular. Of special note are the following Financing of Joint Ventures has been completely re-written with considerable additions to …
Sir Richard Hanson was much more than a Judge – although he was an important Judge in his time. Before he became Chief Justice of South Australia in 1861, he was: a participant in a major government enquiry on Canada which laid the foundations for democratic self-government not only there, but in Australia and New Zealand as well; a co-founder …
In 2000 QUT initiated an annual lecture in honour of Tony Lee, the great equity and trusts lecturer and author. This volume contains the 14 WA Lee Equity Lectures given from 2000-13, with commentary and, where necessary, updating from Professor Malcolm Cope. The lecturers include Justices Gummow, White, McPherson, Handley, Kirby, Keane, de Jersey, M McMurdo and Douglas; Professors Lee, …
Introducing his May it Please Your Honour, a history of the Supreme Court of Western Australia (with Geraldine Byrne, 2005), the eminent Australian historian Geoffrey Bolton wrote that readers would “encounter the law in Western Australia not as a bloodless study … but as a vigorous and lively contributor to the health of a democratic society”. The present authors confront …
J M Bennett’s new biography shows the mercurial figure of Lilley to be one of the giants of colonial Australia, a politician who took on the squatter class and forced democratic reform, earning the enduring, virulent hatred of his opponents; a Chief Justice of brilliant calibre until his one disastrous mistake. “Sir Charles Lilley has proven a polarising figure, often …
This well respected text, now in its 9th edition, has been revised and updated to include the latest developments in taxation law. The company tax chapter comprehensively covers the taxation of companies, including the dividend imputation system and the carry-forward loss rules. The tax avoidance chapter includes recent case law. The deductions chapter incorporates recent case law on business deductions …
2015 marks a decade since the introduction of substantive reform to the law of homicide in Victoria. In 2004 the Victorian Law Reform Commission released, Defences to Homicide: Final Report, which recommended major changes to the law of homicide in Victoria. In 2005, the Victorian government responded to the 56 recommendations by implementing the largest package of homicide law reforms …
Homeless people want to be treated with dignity and respect: by the law, by the community, by government systems and by individuals. The reality is that they instead face constant discrimination, rejection and exclusion. The law perpetuates this sense of exclusion. Terms such as ‘public nuisance’, ‘offensive’, ‘anti-social’, ‘causing anxiety’, ‘causing an obstruction’, ‘move-on’ are all found in criminal laws …