Publications

This is a searchable catalogue of the College's most recent books, book chapters, journal articles and working papers. The ANU College of Law also publishes a Research Paper Series on SSRN.

Pearce, Administrative Appeals Tribunal

Administrative Appeals Tribunal 4th Edition

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.

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Centre: CCL

Research theme: Administrative Law

‘Officers of the Commonwealth’ in the Private Sector: Can the High Court Review Outsourced Exercises of Power

Author(s): Greg Weeks

This article analyses the options available to the High Court in defining the phrase 'officer of the Commonwealth' in the context of modern mixed administration. The various tests used in Australian administrative law are explored, with a focus on the "public function" test developed in Datafin. We argue that these administrative law tests are largely unhelpful and inappropriate for defining the scope of section 75(v) of the Constitution. Instead, we suggest that the High Court could find inspiration for the most appropriate and adapted solution from an unlikely place: Canadian human rights law. We argue that by adapting the 'control' used by Canadian courts to determine the scope of Canadian Charter of Rights and Freedoms, the Australian High Court could find an appropriate balance for reviewing the actions of private sector actors, while simultaneously achieving consistency with existing precedent.

Read on SSRN

Centre: CIPL

Research theme: Administrative Law

Collins, Intellectual Property

LexisNexis Study Guide: Intellectual Property Law, 2nd Edition

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. 

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Centre: CCL

Research theme: Administrative Law, Private Law

Chisholm, Understanding Law

Understanding law: an introduction to Australia's legal system (8th ed)

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.

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Centre:

Research theme: Administrative Law, Constitutional Law and Theory, Criminal Law, Environmental Law, Human Rights Law and Policy, International Law, Law and Gender, Law and Social Justice

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Control of Government Action: Text, Cases and Commentary

Author(s): Robin Creyke, John McMillan

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.

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Centre: CCL

Research theme: Administrative Law

A Commonwealth Pro-Disclosure Culture - Implications and Opportunities

Author(s): James Popple

Reform of Commonwealth freedom of information legislation has entrenched a pro-disclosure culture. New requirements for proactive publication are enhancing community access to, and engagement with, government information. Robust information management systems are critical if government is to meet its obligations to give access to documents and publish information, while protecting personal privacy.

Read on SSRN

Centre: CIPL

Research theme: Administrative Law

Using Discourse Theory

Introduction: Using Discourse Theory to Untangle Public and International Environmental Law

Author(s): Kim Rubenstein

The world is talking, pondering, and strategising about the environment. Ever more of the environment has been identified, publicly contemplated, or designated for despoliation and resource extraction. Remote and ‘wild’ places like the rugged Australian Kimberley and the far reaches of North America are now subject to advanced plans for fossil fuel extraction. Environmental disasters, including fires, floods, cyclones, earthquakes and tsunami, and schemes to alleviate or prevent future human suffering from catastrophe, have occupied governmental and organisational attention. Meanwhile, concerns about environmental degradation, and in particular human-induced climate change, dominate Western media and national and international politics, and are connecting communities through conversation and localised action. The nature, breadth and extent of global responses to climate change are also points of contention between the developing and developed worlds.

Read on SSRN

Centre: CIPL, CLAH

Research theme: Administrative Law, Constitutional Law and Theory, Human Rights Law and Policy, Law and Gender, Legal History and Ethnology, Migration and Movement of Peoples

Chapter III of the Constitution, Federal Jurisdiction and Dialogue Charters of Human Rights

Author(s): Will Bateman, James Stellios

The High Court’s decision in Momcilovic v The Queen is the first to consider the compatibility of the Charter of Human Rights and Responsibilities 2006 (Vic) with ch III of the Constitution. The decision will have significant implications for the continuing effectiveness of key provisions of the Charter, the Human Rights Act 2004 (ACT) and any future federal charter of human rights. This article analyses the decision and evaluates its implications for the dialogue model of statutory human rights protection in Australia. It also considers several controversial statements concerning the principles of federal jurisdiction that arise from the decision.

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Centre: CIPL

Research theme: Administrative Law, Constitutional Law and Theory, International Law, Law and Technology, Regulatory Law and Policy

The Use of Soft Law by Australian Public Authorities: Issues and Remedies

Author(s): Greg Weeks

Soft law is a pervasive phenomenon which is highly effective as a means of regulation in Australia, as it is in many other jurisdictions. This paper will not focus on the regulatory aspects of soft law, but will examine the capacity of individuals to obtain remedies where public authorities fail to adhere to the terms of their published soft law. The available judicial remedies apply in very limited circumstances, both in private law actions (in tort or equity) and public law (judicial review) actions. Ultimately, the most effective ways to remedy breaches of soft law appear also to be ‘soft’, such as recommendations of the Ombudsman and discretionary schemes for ex gratia payments.

Read on SSRN

Centre: CIPL

Research theme: Administrative Law

The Use of Soft Law by Australian Public Authorities: Issues and Remedies

Author(s): Greg Weeks

Soft law is a pervasive phenomenon which is highly effective as a means of regulation in Australia, as it is in many other jurisdictions. This paper will not focus on the regulatory aspects of soft law, but will examine the capacity of individuals to obtain remedies where public authorities fail to adhere to the terms of their published soft law. The available judicial remedies apply in very limited circumstances, both in private law actions (in tort or equity) and public law (judicial review) actions. Ultimately, the most effective ways to remedy breaches of soft law appear also to be ‘soft’, such as recommendations of the Ombudsman and discretionary schemes for ex gratia payments.

Read on SSRN

Centre: CIPL

Research theme: Administrative Law

Bottomley, Law in Context

Law in Context (4th ed)

Author(s): Stephen Bottomley, Simon Bronitt

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 and Bronitt, as in previous editions, expose readers to the multitude of contexts (some explicit, others implicit) that affect how law is made, broken and enforced by the state or individual citizens. The fundamental ideals of law – such as the Rule of Law – rest on cherished liberal values, though the authors constantly encourage readers not to accept uncritically the rhetoric of law, but to test these assumptions through empirical eyes. 

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Centre: CCL

Research theme: Administrative Law, Constitutional Law and Theory, Criminal Law, Human Rights Law and Policy, International Law, Private Law, Regulatory Law and Policy

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Delegated Legislation in Australia (4th ed)

Author(s): Dennis Pearce, Stephen Argument

This new edition of Delegated Legislation in Australia deals in detail with the important topic of delegated or subordinate legislation. Legislation made by various government and other bodies under the authority of an Act of Parliament exceeds in volume the legislation made by Parliaments in the form of Acts. This book is an essential guide for legislators, public officials at all levels of government, judicial officers and lawyers.

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Centre: CIPL

Research theme: Administrative Law, Constitutional Law and Theory, Regulatory Law and Policy

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Animal Law in Australia: An Integrated Approach

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.

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Centre: CCL

Research theme: Administrative Law, Private Law

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Statutory Interpretation in Australia (7th ed)

Author(s): Dennis Pearce, Robert Stanley Geddes

Statutory Interpretation in Australia is a comprehensive, annotated, synopsis of statutory interpretation principles in all the Australian jurisdictions. This seventh edition is an update to 1 February 2011. The work is a detailed reference as to a multiplicity of statutory interpretation issues. This well-researched, new edition includes recent updates of case law and legislation, commentary on the “principle of equity”, and a discussion of the Human Rights Acts of Victoria and the Australian Capital Territory. This text is a remarkably inclusive guide to statutory interpretation and is divided into 12 chapters. These chapters include examination of different approaches to legislative interpretation, extrinsic and intrinsic aids to interpretation, and individual consideration for interpreting current acts, repealed or amending acts and codifying acts respectively. The book concludes by considering legislation operating retrospectively and various drafting conventions and expressions. 

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Centre: CIPL

Research theme: Administrative Law, Constitutional Law and Theory, Regulatory Law and Policy

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Administrative Law (5th ed)

Author(s): Peter Cane

The fifth edition of this key student text provides an accessible and stimulating account of the legal framework of public administration. The new edition has been thoroughly reorganized to reflect the modern transformation in the perception of the nature and function of administrative law.

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Centre: CIPL

Research theme: Administrative Law

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The Law of Torts in Australia (5th edition)

Author(s): Peter Cane, Kit Barker, Mark Lunney, Francis Trindade

The Law of Torts in Australia, Fifth Edition, remains the book to turn to for authoritative and comprehensive discussion of tort law from a distinctively Australian perspective. The content of this new edition has been restructured and navigation improved to make this a more student-friendly text. It includes discussion of the major amendment of the Trade Practices Act 1974, which produced the Competition and Consumer Act 2010 and the Australian Consumer Law.  There are also separate chapters on duty of care in negligence, and causation and remoteness of damage have been reinstated, and the discussion of economic loss in the duty of care chapter has been radically reorganised and significantly rewritten.

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Centre: CIPL

Research theme: Administrative Law, Criminal Law

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Annotated Safety, Rehabilitation and Compensation Act 1988 (9th ed)

Author(s): , Peter Sutherland, John Oman Ballard, Allan Anforth

The 9th edition of this well-known reference book provides the full text of the Act and comprehensive annotations, organised on a section by section basis, covering all significant decisions of the High Court, the Federal Court and the Administrative Appeals Tribunal. The book includes a list of all instruments gazetted under the Act or entered in the Register of Legislative Instruments, and consideration of military compensation arrangements under the Act, Defence Determination 2000/1 and the Military Rehabilitation and Compensation Act 2004. Canberra barrister Allan Anforth contributes an expanded Practitioner's Guide aimed at claimants under the Act and their advocates.

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Centre: CIPL

Research theme: Administrative Law, Private Law

Freedom of Information

Freedom of Information: A Government Perspective

Author(s): James Popple

Significant reforms were made to the Australian Freedom of Information Act 1982 from 1 November 2010. The guiding principle behind these reforms is that information held by the Government is to be managed for public purposes and is a national resource. This paper describes those changes to Australian FOI laws and charts their progress during the first year of reform.

Read on SSRN

Centre: CCL

Research theme: Administrative Law

Book Review - Michael Kirby

Book Review: Michael Kirby: Paradoxes and Principles

Author(s): Kim Rubenstein

Janet Malcolm, in her brilliant rumination on the problem of biography in The Silent Woman: Sylvia Plath and Ted Hughes, writes:

… the narratives called biographies pale and shrink in the face of the disorderly actuality that is a life. … The goal is to make a space where a few ideas and images and feelings may be so arranged that a reader will want to linger awhile among them, rather than to flee…

A desire to linger awhile is certainly my reaction to reading and enjoying this fulsome account of the first 70 years of Michael Kirby’s life (drawing on over 117 metres of personal records held by the National Archives of Australia, extensive speeches and other papers prepared by the subject, not to mention his court judgments). Brown also skilfully makes space for a few central images and feelings to assist one’s progress through this extensive and absorbing book. The opening image shared with the reader is of the Khyber Pass, where Kirby was travelling for the second time with partner Johan van Vloten. It is 17 December 1973 and ‘This time, at least, there were no guns’. Three and a half years earlier, Afridi tribesmen ‘brandishing rifles’ asked if he was British and ‘the young Australian traveller answered yes’.

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Centre: CIPL, CLAH

Research theme: Administrative Law, Constitutional Law and Theory, Human Rights Law and Policy, Law and Gender, Legal History and Ethnology, Migration and Movement of Peoples

Citizenship and the Boundaries of the Constitution

Citizenship and the Boundaries of the Constitution

Author(s): Kim Rubenstein

Citizenship is a prime site for comparison between different constitutional systems, for the idea of citizenship, and the ideals it is taken to represent, go to the heart of how states are constituted and defined. Who is governed by the constitution? What are the boundaries of the constitution? The definition of the class of 'citizens' of a state and the identification of their rights, privileges and responsibilities is one way to answer these questions, and is a core function of national constitutions and a central concern of public law. In this chapter, we consider several written constitutions and attempt to convey some of the diversity in constitutional approaches to this fundamental and universal project for nation states.

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Centre: CIPL, CLAH

Research theme: Administrative Law, Constitutional Law and Theory, Human Rights Law and Policy, Law and Gender, Legal History and Ethnology, Migration and Movement of Peoples

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Updated:  10 August 2015/Responsible Officer:  College General Manager, ANU College of Law/Page Contact:  Law Marketing Team