Editor(s): Kim Rubenstein, Glenn Patmore
Law and Democracy: Contemporary Questions provides a fresh understanding of law’s regulation of Australian democracy. The book enriches public law scholarship, deepening and challenging the current conceptions of law’s regulation of popular participation and legal representation. The book raises and addresses a number of contemporary questions about legal institutions, principles and practices. Examining the regulation of democracy, this book scrutinises the assumptions and scope of constitutional democracy and enhances our understanding of the frontiers of accountability and responsible government. In addition, key issues of law, culture and democracy are revealed in their socio-legal context.The book brings together emerging and established scholars and practitioners with expertise in public law. It will be of interest to those studying law, politics, cultural studies and contemporary history.
Editor(s): Robert McLaughlin
Modern technological development has been both rapid and fundamentally transformative of the means and methods of warfare, and of the broader environment in which warfare is conducted. In many cases, technological development has been stimulated by, and dedicated to, addressing military requirements. On other occasions, technological developments outside the military sphere affect or inform the conduct of warfare and military expectations. The introduction of new technologies such as information technology, space technologies, nanotechnology and robotic technologies into our civil life, and into warfare, is expected to influence the application and interpretation of the existing rules of the law of armed conflict. In this book, scholars and practitioners working in the fields critically examine the potential legal challenges arising from the use of new technologies and future directions of legal development in light of the specific characteristics and challenges each technology presents with regard to foreseeable humanitarian impacts upon the battlespace.
Research theme: Military & Security Law
This book introduces and discusses international tax issues relating to corporate finance, group treasury, and banking operations. The book is intended to benefit accountants, lawyers, economists, financial managers and government officials by explaining practical corporate finance international tax issues. These issues include: examples of country tax regimes; corporate finance including issuing shares; debt instruments; bank loans; investment banking activities; and alternative finance such as crowdfunding; microfinance and alternative energy funding; and international tax issues relating to interest and dividend flows; capital gains; and foreign tax credits. The book reviews related topics, including: mergers and acquisitions funding; asset and project finance; securitisation; derivatives; hybrid securities and entities; Islamic financing; bank capital structures; group treasury companies; debt restructuring; and transfer pricing issues. The book is based on Corporate Finance and International Taxation courses presented by the author in London, Paris, Zurich, Lugano, Rio de Janeiro, Mexico City, Hong Kong and Singapore.
Author(s): David Hambly, Harold Luntz, Kylie Burns, Joachim Dietrich, Neil Foster
Torts: Cases and Commentary delivers a critical and analytical approach to the law of torts presented through extensive commentary and selected materials from case decisions, legislation and academic writings. Detailed notes assist students and practitioners to understand the significance of the key cases while questions stimulate critical thinking and learning. This 7th edition includes discussion of and some excerpts from many cases that have interpreted the Civil Liability statutes enacted in the early years of this century. Current and emerging issues in tort law reform are widely discussed and many additional references to the academic literature are provided.
Research theme: Private Law
Author(s): James Stellios, Jennifer Clarke, Patrick Keyzer
Hanks Australian Constitutional Law - Materials & Commentary is the authoritative casebook for the study of constitutional law. This book considers the concepts underlying our Constitution and explores constitutional decision-making in context. The title reviews all of the important constitutional decisions of the High Court of Australia, and exposes the issues that arise in those decisions to a critical analysis. Improvements for this edition include an integrated chapter on judicial power (Ch 9), separate consideration of s 92 (Ch 11), strengthening the public law focus of chapter 1, and reintroducing a detailed table of contents. New to this edition are reference of state powers to the Commonwealth and intergovernmental co-operation (Ch 1 and 5), national security and defence (Ch 3), and a complete re-write of chapter 8, 'The Executive'.
Research theme: Constitutional Law and Theory
Author(s): Peter Cane
Since publication of the seventh edition of this seminal text, personal injury law has witnessed momentous changes. A major overhaul of the social security system began in 2012 and the Equality Act 2010 significantly modifies anti-discrimination law and its impact on the disabled. But perhaps the most important legal developments have affected the financing and conduct of personal injury claiming and the operation of the claims-management industry. This new edition takes account of all this activity while setting it into a wider and longer perspective. Complaints that Britain is a 'compensation culture' and that the tort system is out of control are explained and assessed and options for further change are explored. Through the turmoil and controversy, the tort system remains a central feature of the legal and social landscape. The book's enduring central argument for its radical reform remains as compelling as ever.
Research theme: Administrative Law
Author(s): Peter Cane, Leighton McDonald
Many administrative law principles are abstract and difficult to apply. The readings in this collection are longer than extracts in a typical cases and material volume. This will help students develop legal reasoning skills and gain a better understanding of how the principles of administrative law are applied and elaborated in specific and factual contexts. To promote these objectives, most of the selected cases and materials are accompanied by reading questions designed to focus students on the essentials of each case and to stimulate further thought.
Research theme: Administrative Law
Author(s): , Allan Anforth
This 3rd edition comprehensively annotates the social security and family assistance law of Australia, as amended to 5 March 2013. It is the 12th volume in a book series which has annotated the Social Security Act and associated legislation since first publication in 1984. Social security practitioners will find that the 3rd edition maintains the reputation of its predecessors as an indispensable reference for all those engaged in social security and family assistance decision-making, whether as a lawyer, a Tribunal member, a Department or Centrelink officer, or a community advocate. Special features of this new book include: Comprehensive annotations, on a section-by-section basis, covering decisions of the Administrative Appeals Tribunal, the Federal Court and the High Court to 1 January 2013; follows the current structure of the social security and family assistance legislation but also includes consideration of decisions under repealed provisions of the Social Security Act 1991 and the repealed Social Security Act 1947 which have continuing relevance; detailed discussion of areas of social security law which are the subject of ongoing review activity, increasing complexity and/or continuing debate and difficulty; assets and income testing; debt recovery and waiver; compensation recovery; notices; participation requirements; shared care of children; and marital status.
Author(s): Jim Davis, Rosalie Balkin
Law of Torts provides clear, authoritative discussion and critical analysis of the law pertaining to tort, with comprehensive coverage of all common law and statutory torts across all Australian jurisdictions. The work covers the civil wrongs protecting intentional injury to person and property; the tort of negligence, with respect both to personal and property damage and for the recovery of purely economic loss; those torts, such as nuisance, in which neither intention nor negligence is necessarily relevant; defamation; and the economic torts which protect the intentional infringement of another' OBG v Allen
Research theme: Administrative Law
Author(s): Craig Collins, Heather Forrest
The LexisNexis Study Guide series is designed to assist students with the foundations for effective, systematic exam preparation and revision. Written by Craig Collins and Heather Forrest, the Intellectual Property study guide clearly identifies and explains the often difficult topics that are relevant to intellectual property law. The most important and recent cases are summarised to consolidate practical understanding of the theoretical concepts.
Author(s): Michael Eburn
The latest edition of this book has been updated to incorporate the latest developments in case law and legislation. To cover all of Australia, the work has been expanded to include the law in Australia’s smallest self-governing territory, Norfolk Island. For first aiders and paramedics, the discussion on the legal powers granted to paramedics when treating the mentally ill; the patient’s right to refuse treatment and the use of professional training when responding as a volunteer or good Samaritan has been revised and expanded. The chapter on responding to large scale disasters has been significantly re-written to include a discussion on the Australian Inter-Agency Incident Management System and the relationship between AIIMS and state counter disaster or emergency management legislation. Included is a detailed discussion on when control of emergency response can be transferred from the lead agency to a central coordinating committee or to the police. The chapter on legal liability reports on the outcome of litigation arising from the catastrophic bushfires in 2001 (Sydney) and 2003 (Canberra).
Author(s): Dennis Pearce
Written by Australia’s leading authority on the work of the Administrative Apepals Tribunal, this book provides a detailed exposition of the jurisprudence of the AAT. The book constitutes a clear and comprehensive treatment of the organisation, its jurisdiction and its procedures and provides essential guidance to anyone who is applying to, or appearing before, the Tribunal.
Research theme: Administrative Law
Editor(s): Donald Rothwell, Erik J. Molenaar, Alex G Oude Elferink
The Law of the Sea and the Polar Regions: Interactions between Global and Regional Regimes analyzes the contemporary Law of the Sea and related areas of international law in Antarctica and the Arctic, with a particular focus upon the interaction of global and regional regimes. The global component of the international law of the sea - principally the United Nations Convention on the Law of the Sea - applies to the entire marine domain in both polar regions but explicitly requires regional implementation or acknowledges its usefulness. This volume examines regional regimes for the Arctic and Antarctic on science, maritime security, fisheries and shipping by means of common research questions; thus enabling an overall synthesis and identification of trends, differences and similarities.
Author(s): Peta Spender, Stephen Colbran, Sheryl Jackson, Roger Douglas, Tania Penovic
Civil Procedure Commentary & Materials provides students and practitioners with a comprehensive analysis of the practical and theoretical issues encountered in Australian civil procedure, including alternative dispute resolution. Civil Procedure Commentary & Materials combines a wealth of primary and secondary materials from all jurisdictions. The common law is clearly set out, together with extensive practical commentary. Each chapter features in-depth questions and notes together with lists of further reading to aid and extend understanding. Civil Procedure Commentary & Materials examines and discusses each substantive and procedural step in the trial process.
Research theme: Private Law
Author(s): Richard Chisholm, Garth Nettheim
Written by highly qualified authors, the direct, clear and often humorous style of this book will help readers understand how the law relates to real issues and controversies. The institutions and sources of law in our legal system are clearly explained, including the roles of lawyers, the courts and the legislature. Illustrative examples and a discussion of actual cases enable students and other citizens to engage with topics such as historical basis of Australian law, Australian law and international law, human rights, procedural fairness and the notions of law and morality. New stimulus questions and activities included in this 8th edition invite the reader to consider the interrelationship of law, tradition and social values. Understanding Law is a perfect introduction to the law for students engaging with legal studies and for other academic disciplines at tertiary and senior secondary levels. It is an ideal starting point for any Australian interested in learning more about their legal system.
Author(s): Peter Bailey
This book provides a concise outline of the principles of human rights law within undergraduate law. Written in clear, straight-forward language, the author explains the principles, and highlights key cases and legislative provisions.
Research theme: Human Rights Law and Policy
This book displays the breadth and diversity of Australian administrative law. The different role played by courts, tribunals, ombudsmen and other review bodies is comprehensively covered. The criteria applied by those bodies in reviewing the legality and propriety of government administrative are examined in an integrated manner that best shows the options available to an aggrieved person. Public law concepts and theories that influence government decision making and administrative review are also covered.
Research theme: Administrative Law
Author(s): Alex Bruce
Written in a clear, engaging and accessible style, it is suitable as a teaching text for Animal Law courses, and for the wider legal community and general reader interested in animal welfare. This is the first Australian text to offer a truly integrated and comprehensive coverage of animal law issues. It combines the philosophical and ethical dimensions to animal law with the practical, legal and regulatory frameworks governing animals in Australia. It features a comprehensive, balanced coverage of animal law issues in Australia ensures readers will gain a solid understanding of the wider regulatory regime in Australia. Each chapter integrates the philosophical/ethical discussion with practical issues and the legal context to demonstrate the relationship between these dimensions, allowing readers to gain an understanding of the background driving current regulatory regimes. Chapters include clear learning objectives, stimulus questions and further reading to facilitate depth and breadth of learning for both students and the general reader.
Author(s): Margaret Thornton
Privatising the Public University: The Case of Law is the first full-length critical study examining the impact of the dramatic reforms that have swept through universities over the last two decades. Drawing on extensive research and interviews in Australia, New Zealand, the UK and Canada, Margaret Thornton considers the impact of the market on students, academics and law schools, documenting how both the curriculum and pedagogical methods have changed. If the passing of the idea of the university is rued, concern usually focuses on the humanities and the natural sciences. In this respect, law has been regarded as privileged because of the virtually unstoppable demand for law places and the willingness of students to pay high fees. And, as this book shows, it is commercial and instrumental forms of legal training that are now favoured, whilst the humanistic, critical, theoretical and social justice aspects of legal knowledge have been corroded. Privatising the Public University will be of considerable interest to legal academics; but it will also be invaluable work for anyone interested in the future of higher education, or, more generally, in the corporatization of culture.
Research theme: Regulatory Law and Policy
Author(s): Desmond Manderson
Kangaroo Courts and the Rule of Law -The Legacy of Modernism addresses the legacy of contemporary critiques of language for the concept of the rule of law. Between those who care about the rule of law and those who are interested in contemporary legal theory, there has been a dialogue of the deaf, which cannot continue. Starting from the position that contemporary critiques of linguistic meaning and legal certainty are too important to be dismissed, Desmond Manderson takes up the political and intellectual challenge they pose. Can the rule of law be re-configured in light of the critical turn of the past several years in legal theory, rather than being steadfastly opposed to it? Pursuing a reflection upon the relationship between law and the humanities, the book stages an encounter between the influential theoretical work of Jacques Derrida and MIkhail Bakhtin, and D.H. Lawrence's strange and misunderstood novel Kangaroo (1923).