• 1. Introduction--
• 2. The defence power--
• 3. The executive, the prerogative and emergencies--
• 4. Maintenance of public order--
• 5. Public safety and the war on terror--
• 6. Civil emergencies and special powers legislation--
• 7. Military aid to the civil power--
• 8. The judiciary and emergency powers--
• 9. Conclusion.
• (source: Nielsen Book Data)

Democratic countries, such as Australia, face the dilemma of preserving public and national security without sacrificing fundamental freedoms. In the context where the rule of law is an underlying assumption of the constitutional framework, Emergency Powers in Australia provides a succinct analysis of the sorts of emergency which have been experienced in Australia and an evaluation of the legal weapons available to the authorities to cope with these emergencies. It analyses the scope of the defence power to determine the constitutionality of federal legislation to deal with wartime crises and the 'war' on terrorism, the extent of the executive power and its relationship to the prerogative, the deployment of the defence forces in aid of the civil power, the statutory frameworks regulating the responses to civil unrest, and natural disasters. The role of the courts when faced with challenges to the invocation of emergency powers is explained and analysed.
(source: Nielsen Book Data)

• Intro;
• 1. About this publication; 1.1 Who this publication is for; 1.2 How this publication is set out; 1.3 Information, not legal advice; 1.4 Other sources of information; 1.5 Sources of copyright law; 1.6 New amendments to Copyright Act;
• 2. Copyright basics; 2.1 Introduction; 2.2 What is the purpose of copyright?; 2.3 What does copyright protect?; 2.4 What is not protected by copyright?; 2.5 How long does copyright last?; 2.6 Who owns copyright?; 2.7 Rights of the copyright owner; 2.8 When do you need permission?; 2.9 Moral rights; 2.10 Performers' rights

• 2.11 Frequently asked questions3. Free exceptions for educators; 3.1 Introduction; 3.2 Performing and communicating copyright material in class; 3.3 Copying works and broadcasts for educational purposes; 3.4 Copying and communicating works and broadcasts to assist people with disabilities; 3.5 Special case exception; 3.6 Libraries & archives; 3.7 Fair dealing; 3.8 Frequently asked questions;
• 4. Licences for educational institutions; 4.1 Introduction; 4.2 The statutory licence: copying and communicating text, images and notated music

• 4.3 The statutory licence: copying and communicating TV and radio4.4 APRA AMCOS, ARIA and PPCA licences: Performing, copying and recording music; 4.5 Roadshow PPL Schools Co-curricular Licence: playing films outside of class; 4.6 Frequently asked questions;
• 5. Copyright in the modern classroom; 5.1 Introduction; 5.2 Apps and interactive games; 5.3 Learning management systems: cloud computing, open source platforms and websites; 5.4 Tablets, laptops and desktop computers; 5.5 Student and staff presentations: PowerPoint, Prezi and Keynote

• 5.6 Streaming Netflix, Spotify, YouTube and podcasts in class5.7 Distance education and MOOCs; 5.8 Using social media: Facebook, Twitter, Snapchat and Instagram; 5.9 3D printing; 5.10 Frequently asked questions;
• 6. Pre-licensed and open education resources; 6.1 Introduction; 6.2 Pre-licensed material; 6.3 Open education resources; 6.4 Government material; 6.5 Creative Commons licences; 6.6 Frequently asked questions; Appendix A; Notices on or near copying equipment; Appendix B; Copyright Collecting Societies

• Intro;
• 1. About this book; 1.1 Copyright in educational institutions; 1.2 What does this book cover?; 1.3 Information, not legal advice; 1.4 Glossary;
• 2. Understanding infringement; 2.1 What is copyright?; 2.1.1 What is protected by copyright?; 2.1.2 Who gets copyright?; 2.1.3 How long does copyright last?; 2.2 When is copyright infringed?; 2.2.1 Licences and permissions; 2.2.2 What is a "substantial part"?; 2.3 Exceptions to infringement; 2.3.1 Fair dealing exceptions; 2.3.2 Exceptions specific to the education sector; 2.4 Moral rights; 2.4.1 What are moral rights?

• 2.4.2 Defences to moral rights infringement2.5 Frequently asked questions;
• 3. Identifying and managing risk; 3.1 Your risk appetite; 3.2 Risk management
• your copyright policy; 3.2.1 Before creating a copyright policy; 3.2.2 What should a copyright policy contain?; 3.2.3 Implementing a copyright policy; 3.3 Risk management
• strategy; 3.3.1 Identifying risk; 3.3.2 Measuring the risk; 3.4 Direct liability risk; 3.5 Vicarious liability risk; 3.5.1 How to recognise vicarious liability risk; 3.5.1 How to recognise vicarious liability risk 14; 3.5.2 Where vicarious liability risk can arise

• 3.6 Authorisation liability risk3.6.1 How to recognise authorisation liability risk; 3.6.2 Situations in which authorisation liability can arise; 3.7 Risk example: orphan works; 3.7.1 The problem of orphan works; 3.7.2 Managing the risk; 3.7 Frequently asked questions;
• 4. Courses and class materials
• the statutory licence schemes; 4.1 Overview of the statutory licence schemes, and upcoming amendments; 4.1.1 What is an educational institution?; 4.1.2 "For an educational purpose"; 4.2 Copying text and images; 4.2.1 Risks relevant to copying text and images

• 4.2.2 "Reasonable portion"
• the earlier Part VB scheme4.2.3 "Reasonable portion"
• the new scheme under the 2017 amendments; 4.3 Copying television and radio broadcasts; 4.3.1 Risks relevant to copying television and radio broadcasts; 4.3.2 Sourcing broadcasts; 4.4 Notice requirements for copies and communication; 4.4.1 Physical reproductions; 4.4.2 Digital reproductions; 4.4.3 Communicating digital reproductions; 4.5 Beyond the statutory licence schemes
• additional licensing; 4.5.1 Sound recordings; 4.5.2 Non-educational uses of films and music; 4.6 Copyright exceptions; 4.6.1 Section 28

• 4.6.2 Section 200AB4.7 Frequently asked questions;
• 5. The digital classroom; 5.1 Distance learning; 5.1.1 Where the statutory licences apply; 5.1.2 Where the statutory licences do not apply; 5.2 Open access resources; 5.2.1 Using open access resources
• check the licence terms; 5.2.2 Using Creative Commons; 5.2.3 Applying Creative Commons licences; 5.2.4 Other open access licences; 5.3 Media streaming services; 5.3.1 Streaming from a CMS or LMS; 5.3.2 Contractual undertakings; 5.3.3 Streaming from third-party platforms (iView, YouTube, Netflix, etc); 5.4 Frequently asked questions

• Intro;
• 1. About this publication; 1.1 Who this publication is for; 1.2 How this book is set out; 1.3 Defining "film"; 1.4 Information, not legal advice; 1.5 Glossary;
• 2. Introduction; 2.1 Overview of the Australian screen industry and audience;
• 3. Copyright overview; 3.1 What is protected by copyright?; 3.2 Requirements for copyright protection; 3.3 What is not protected by copyright?; 3.4 Identifying underlying works in films; 3.5 How long does copyright last?; 3.6 Who owns copyright?; 3.7 What are the rights of the copyright owner?; 3.8 When do you need permission from the copyright owner?

• 3.9 Exceptions to copyright3.10 Copyright infringement; 3.11 Frequently asked questions;
• 4. Making a film
• clearing the underlying rights; 4.1 Introduction; 4.2 Finding the copyright owner; 4.3 Orphan works; 4.4 Dealing with copyright; 4.5 Common terms in film contracts; 4.6 Industry agreements; 4.7 Acquiring rights in the screenplay; 4.8 Using literary and dramatic works in your film; 4.9 Using music and sound recordings in your film; 4.10 Using artistic works in your film; 4.11 Using other people's films in your film; 4.12 Using Indigenous cultural material in your film

• 4.13 What if it all goes wrong?4.14 Frequently asked questions;
• 5. Moral rights; 5.1 Introduction; 5.2 What are moral rights and who owns them?; 5.3 Right of attribution; 5.4 Right against false attribution; 5.5 Right of integrity; 5.6 Infringement of moral rights; 5.7 Defences to moral rights infringement; 5.8 Agreements concerning moral rights in underlying material; 5.9 Agreements concerning moral rights in the film itself; 5.10 Frequently asked questions;
• 6. Performers' rights; 6.1 Introduction; 6.2 What rights do performers have?; 6.3 Performers' protection

• 6.4 Performers' co-ownership of sound recordings6.5 Performers' moral rights; 6.6 Performers' rights: industry agreements; 6.7 Law reform: Beijing Treaty on Audiovisual Performances; 6.8 Filming people who are not performers; 6.9 Frequently asked questions;
• 7. Ownership and protection of your film; 7.1 Introduction; 7.2 Protection of ideas, formats and films; 7.3 Rights of owners of copyright in films; 7.4 Screenrights; 7.5 DRM and film; 7.6 Geoblocking and TPMs; 7.7 What to do if someone infringes your copyright; 7.8 International protection; 7.9 Law reform: online infringement

• 7.10 Frequently asked questions8. Financing and distributing your film; 8.1 Introduction; 8.2 Financing your film project; 8.2.1 Government screen funding agencies; 8.2.2 Australian Screen Production Incentive; 8.2.3 Producer Equity Program (PEP); 8.2.4 Broadcasters; 8.2.5 Distribution deals; 8.2.6 International funding; 8.2.7 Private investment; 8.2.8 Product placement and "contra" deals; 8.2.9 Crowd funding; 8.3 Key distribution channels; 8.4 Self-distribution;
• 9. Other laws; 9.1 Introduction; 9.2 Trade marks, business names and domain names

• Cover; Title page; Imprint and copyright page; Contents; Acknoweldgements; Foreword; Prologue;
• Chapter 1 Athens, 1974;
• Chapter 2 Pocahontas;
• Chapter 3 Adelaide, 1912;
• Chapter 4 Bacchus;
• Chapter 5 Voyage;
• Chapter 6 Papinian;
• Chapter 7 Silk;
• Chapter 8 Charles Jury dies;
• Chapter 9 Watershed 1959;
• Chapter 10 Defending Rupert Murdoch;
• Chapter 11 The Poet Lawyer;
• Chapter 12 The Last Man Hanged in South Australia;
• Chapter 13 Dunstan's Choice;
• Chapter 14 Chief Justice 1967-1978;
• Chapter 15 The Dramatic Dunstan Decade;
• Chapter 16 For Better or For Worse.

• Appendix John's response to the police surveillance filesBibliography; Index; Back cover.

In March 1967, South Australian Premier Don Dunstan appointed his State's most outstanding barrister as Chief Justice: John Jefferson Bray. In public, Bray's appointment brought barely a ripple, but in the murky urban waters of Adelaide's corridors of power, this decision unleashed waves of outrage and bitter revenge seeking. After his successful defense of Rupert Murdoch's News in 1960 in a seditious libel case, John Jefferson Bray made a powerful enemy who coveted the position that Chief Justice Bray would come to hold; an enemy who would then ruthlessly target Bray's unconventional private.

• Copyright overview
• Protecting and managing copyright
• Building a copyright profile
• Building a compliance profile
• Building compliance procedures
• Building a compliance culture
• Managing risk
• Digital content, software & websites
• When things go wrong
• Appendix A. Copyright collection societies
• Appendix B. Duration of copyright.

"These days every organisation uses, creates and administers content, whether it be putting in place a filing system or hosting a website. Getting it right when dealing with copyright is a key element in managing organisational risk. This practical book will guide and assist organisations in identifying and addressing copyright issues as they arise in daily workflows. Topics include: what is and isn't protected by copyright; when you do and don't need a licence; how to get a licence; what goes into a licence building organisational compliance; policies and guidelines; risk management; and social media"--Publisher's website.

• Intro;
• 1. About this publication; 1.1 Who this guide is for; 1.2 How this guide is set out; 1.3 Information, not legal advice; 1.4 Glossary;
• 2. Introduction; 2.1 Introduction; 2.2 Copyright in copywriting; 2.3 What does copyright protect?; 2.4 Material not protected by copyright; 2.5 How long does copyright last?; 2.6 Ownership of copyright; 2.7 Copyright is a type of property; 2.8 The exclusive rights of the copyright owner; 2.9 Accessing material online; 2.10 When is copyright infringed?; 2.11 Moral rights; 2.12 Performers' rights; 2.13 Orphan works; 2.14 Character merchandising

• 3. Exceptions3.1 Introduction; 3.2 Contract and exceptions; 3.3 Fair dealing;
• 4. Contracts: assignments and licences; 4.1 Ownership; 4.2 Assignments; 4.3 Exclusive licences; 4.4 Non-exclusive licences; 4.5 Contractual licences; 4.6 "Bare" licences; 4.7 Express & implied licences; 4.8 What to cover in a licence; 4.9 Moral rights in advertising;
• 5. Practical pointers; 5.1 Start early and consider choosing content you can readily clear; 5.2 Work out your budget; 5.3 Learn when a clearance will be needed; 5.4 Learn where there are hidden risks; 5.5 Don't assume you'll get a clearance

• 5.6 Is the licence yours or your client's?5.7 Collecting societies and pre-licensed content; 5.8 Content available under "open" licences such as Creative Commons; 5.9 Build up your knowledge of sources and providers; 5.10 Set up a copyright register; 5.11 Manage your risks;
• 6. Managing the clearance process; 6.1 Identify what material is being used; 6.2 Develop alternative options for when you can't get a clearance; 6.3 Have guidelines & pro forma documents available; 6.4 Watch for "embedded" material; 6.5 Be wary of paraphrasing; 6.6 Identify how the material is going to be used

• 6.7 Identify the extent to which a permission may be needed6.8 Who is the contracting party?; 6.9 Ownership; 6.10 Request the clearance; 6.11 Document the clearance;
• 7. The digital space; 7.1 Digital is different; 7.2 Protecting the integrity of your content; 7.3 Ad placement; 7.4 Online risk management; 7.5 Other areas of the law;
• 8. Commercial products and clothing; 8.1 Filming & broadcasting artworks, clothing & products; 8.2 Photographing clothing & products; 8.3 Clothing packaging/logos; 8.4 Trains, planes & automobiles; 8.5 Making copies or replicas; 8.6 Sydney Opera House

• 9. Building compliance9.1 Building a copyright profile: step 1; 9.2 Building a compliance profile: step 2; 9.3 Building compliance procedures; 9.4 Assist colleagues & contractors to assist you;
• 10. Managing infringements; 10.1 Introduction; 10.2 Liability; 10.3 Dealing with infringement; Appendix A
• Copyright Collecting Societies; Copyright Agency; Viscopy; Australasian Performing Right Association (APRA); Australasian Mechanical Copyright Owners Society (AMCOS); Phonographic Performance Company of Australia (PPCA); Screenrights; Appendix B
• Other Useful Organisations

• Chapter 1
• Australia's obligations to asylum seekers;
• Chapter 2
• Immigration detention in Australia;
• Chapter 3
• Offshore processing policy debate; Exploring issues
• worksheets and activities; Index.

The record rate of unauthorised and unsafe boat arrivals on Australian shores has further fuelled the longstanding asylum seeker debate and prompted the federal government to seek an effective solution to a seemingly intractable border control problem. The government's recent policy backdown which resulted in the reintroduction of offshore processing for asylum seekers while at the same increasing the annual refugee intake, has drawn both praise and condemnation. Should Australia 'turn back the boats' of the so-called 'queue jumpers' to deter the unsafe and unscrupulous practices of people smu.

• Part I. The Mandate of the Children's Courts. The Childrens Court in the Australian Capital Territory / Peter Camilleri, Lorraine Thomson, Morag McArthur
• The Children's Court in New South Wales / Elizabeth Fernandez, Jane Bolitho, Patricia Hansen, Myvanwy Hudson
• Youth Justice, Child Protection and the Role of the Youth Courts in the Northern Territory / Deborah West, David Heath
• The Children's Court in Queensland: Where to from Here? / Clare Tilbury, Paul Mazerolle
• The Children's Court of South Australia / Daniel King, Andrew Day, Paul Delfabbro
• The Children's Court in Tasmania / Max Travers, Rob White, Michael McKinnon
• The Children's Court of Victoria / Allan Borowski, Rosemary Sheehan
• Youth Justice and Child Protection: The Children's Court in Western Australia / Caroline Spiranovic, Joseph Clare, Mike Clare, Brenda Clare
• Part II. Australia in the International Context. A Portrait of Australia's Children's Courts: Findings of a National Assessment / Allan Borowski
• Care and Protection: Australia and the International Context / Marie Connolly
• Juvenile Justice: Australian Court Responses Situated in the International Context / Judy Cashmore.

The Children's Court is one of society's most important social institutions. At the same time, it is steeped in controversy. This is in large measure due to the persistence and complexity of the problems with which it deals, namely, juvenile crime and child abuse and neglect. Despite the importance of the Children's Court as a means of holding young people accountable for their anti-social behaviour and parents for the care of their children, it has not been the subject of close study. Certainly it has not been previously studied nationally. This book, an edited collection, is based on the fin.

• From Manuscript to Electronic Signature: Background, Technology and Case Laws
• Electronic Signatures: Legislative Developments and Acceptance Issues
• The Electronic Signature Technology: Potential Issues with Regard to Its Usage
• Security Issues Driving the Non-acceptance of Electronic Signatures
• Legal Understanding and Issues with Electronic Signatures
• Conclusion.

The last few centuries have seen paper-based documents and manuscript signatures dominate the way businesses enter into a contractual relationship with each other. With the advent of Internet, replacing paper-based contracts with B2B electronic contracts is a possibility. However, an appropriate technology and an enabling legislation are crucial for this change to happen. On the technology front this feature has the potential to enable business executives to sit in front of their computer and sign multi-million dollar deals by using their electronic signatures. On the legal front various pieces of legislation have been enacted and policies developed at both national and international levels to give legal recognition to such type of contracts. This book presents the findings of an empirical study on large public listed Australian companies that examined businesses' perception towards the use of electronic signatures in B2B contracts. Essentially, it identifies six key factors that create a disincentive to businesses to move from the practice of paper- based signatures to the new technology of electronic signatures. This book offers legal practitioners, academics and businesses insights into issues associated with the use of electronic signatures and suggests a number of measures to promote its usage in B2B contracts.

Former High Court judge of Australia, the Hon Michael Kirby, AC, CMG, in addressing the symposium that has evolved into this book, stressed the need for vigilance in the pursuit and protection of justice. Justice Connections is evidence of such vigilance. The book is a veritable smorgasbord of subjects - violence against women, Indigenous people, sentencing, genetic profiling, cultural exceptionalism, arbitral proceedings and environmental law. However, certain themes are constant. The notion of respect for the individual and their personal characteristics underpins the analyses in the book. Accordingly, a number of contributors examine the need to recognise and protect the potentially vulnerable in society. There is recognition too of the significance of the public interest and public participation in just policy and decision-making. Whilst the principle of the rule of law is a constant in civilised society another message of the book is that its form is very much an evolving beast. Furthermore, the book illustrates that justice is not synonymous with law, but more, as Professor Margaret Thornton concludes, 'a performative idea that is played out differently in different sites by different actors'.
(source: Nielsen Book Data)

• INTRODUCTION; Chapter One: Burrin Farm; Chapter Two: Rise and Fall; Chapter Three: Administering Illegal Oaths; Chapter Four: A Fool and His Money; Chapter Five: Letters from Ireland; Chapter Six: The Landed Gentry; Chapter Seven: A New Trial; Chapter Eight: Summing Up; Chapter Nine: The Storms of Fate; EPILOGUE; ADDENDUM: The Ejectment Legacy; DIGRESSIONS AND POSTSCRIPTS; SOURCES; ACKNOWLEDGMENTS.

In 1794 and 1799 Superintendent of Convicts Nicholas Devine was granted 210 acres on the edge of the current CBD of Sydney. After the demise of Governor Bligh (to whom he was closely allied) Devine reluctantly retired to his estate where, as an old man living alone, he was constantly beaten and robbed. An Irish convict named Bernard Rochford befriended the old man in 1825 and upon his death in 1830 forged a Will and seized control of the estate and proceeded to subdivide it and sell it off. Many of the purchasers (and others, including the Governor) knew Rochford was in no position to sell the.

• INTRODUCTION; Chapter One: Burrin Farm; Chapter Two: Rise and Fall; Chapter Three: Administering Illegal Oaths; Chapter Four: A Fool and His Money; Chapter Five: Letters from Ireland; Chapter Six: The Landed Gentry; Chapter Seven: A New Trial; Chapter Eight: Summing Up; Chapter Nine: The Storms of Fate; EPILOGUE; ADDENDUM: The Ejectment Legacy; DIGRESSIONS AND POSTSCRIPTS; SOURCES; ACKNOWLEDGMENTS.

In 1794 and 1799 Superintendent of Convicts Nicholas Devine was granted 210 acres on the edge of the current CBD of Sydney. After the demise of Governor Bligh (to whom he was closely allied) Devine reluctantly retired to his estate where, as an old man living alone, he was constantly beaten and robbed. An Irish convict named Bernard Rochford befriended the old man in 1825 and upon his death in 1830 forged a Will and seized control of the estate and proceeded to subdivide it and sell it off. Many of the purchasers (and others, including the Governor) knew Rochford was in no position to sell the.

• Content; Foreword; Preface; List of abbreviations;
• 1. Introduction; 1.1 Presentation of the topic; 1.2 Methodology;
• 2. A Single Sky
• Airline Regulation in the EU; 2.1 Introduction; 2.2 The era of regulated air transport (1944-1984); 2.2.1 The Chicago system; 2.2.2 Bilateral Air Service Agreements; 2.2.3 Inter-airline Pooling Agreements; 2.2.4 The IATA and the tariff-fi xing regime; 2.3 Deregulation in the United States
• Inspiration and rolemodel; 2.4 Liberalization of the airline industry in Europe (1984-1997); 2.4.1 Introduction; 2.4.2 Air transport in EU law.

• 2.4.3 The fi rst liberalization package and other developments (1984-1990)2.4.4 The second Package and other developments (1990-1993); 2.4.5 The third package and developments after 1993; 2.4.5.1 The third package of liberalization: Open Skies in Europe; 2.4.5.2 Regulation 1008/2008; 2.4.5.3 The Directive on Airport Charges; 2.5 The Low-Cost Revolution in Europe; 2.6 Other developments after liberalization
• the 1996 and 1999 Communications from the Commission; 2.7 External relations
• International aspects of the airline industry.

• 2.7.1 The Commission on the move: Bilaterals between theUnion and Third Countries2.7.2 Subsidies to airlines in the USA; 2.7.3 EU protection against subsidization of foreign airlines; 2.8 How do airlines make money?; 2.9 Conclusions;
• 3. State aid control in the European Union; 3.1 State aid policy and State aid control; 3.1.1 EU Law and the Role of the ECJ; 3.1.2 EEA Law and the Role of the EFTA Court; 3.2 The interdisciplinary context of State aid law:economics and policy analysis; 3.2.1 Economics; 3.2.1.1 The relevance of economics; 3.2.1.2 The Contestable Market theory.

• 3.2.1.3 Effi ciency in economics3.2.1.4 Market Failure in economics; 3.2.2 Policy Analysis; 3.2.2.1 Market failure in policy analysis; 3.2.2.2 Paternalist intervention; 3.2.2.3 Transaction cost; 3.2.2.4 New Growth Theories; 3.3 Finding the balance: economic efficiency vs. equity; 3.4 The State Aid Action Plan; 3.5 Commission Guidelines and their application; 3.6 Article 107(1) TFEU
• The definition of State aid; 3.7 The resources must be attributable to the state; 3.8 Advantage; 3.8.1 The aid must confer an advantage on the undertaking; 3.8.2 The Market Economy Investor Principle.

• 3.8.2.1 Introduction3.8.2.2 The application of the MEIP; 3.8.2.3 Criticism against the MEIP; 3.8.3 Services of General (Economic) Interest; 3.8.3.1 Introduction; 3.8.3.2 Article 106 TFEU and Services of General Economic Interest; 3.8.3.3 The line between Articles 106 and 107 TFEU; 3.8.3.4 Services of General economic interest, Public ServiceObligations and the airline industry; 3.9 The notion of an undertaking and the selectivity criteria; 3.9.1 The notion of an undertaking; 3.9.2 Selectivity; 3.10 The effect on trade and distortion of competition; 3.10.1 Introduction.

Hauptbeschreibung State intervention in air transport is omnipresent. Airlines, in particular, are major beneficiaries of State aid. This book provides a comprehensive analysis of the law regulating State aids to airlines, which includes sections on Articles 107 TFEU and 108 TFEU as well as an overview of legal issues raised by air transport and competition in the EU, in particular deregulation and its consequences. EU Law on State Aid to Airlines follows a multi-disciplinary approach by relying on the fundamental concepts of economics and policy analysis. This approach allows grasp.

• 1. Unjust Enrichment versus Equitable Principles in England and Australia JOACHIM DIETRICH
• 2. Subrogation, Equity and Unjust Enrichment MARK LEEMING
• 3. Clogs on the Equity of Redemption: A Story of Changing Equitable Intervention FIONA BURNS
• 4. Assignment of Future Property and Preferences JOSHUA GETZLER
• 5. The Fiduciary 'Self Dealing' Rule JAMES EDELMAN
• 6. Participatory Liability for Breach of Trust or Fiduciary Duty PAULINE RIDGE
• 7. Equitable Compensation JAMIE GLISTER
• 8. Trusts and Knowledge: Lessons from Australia BEN McFARLANE
• 9. The Limits of Equity in Disputes over Family Assets MATTHEW HARDING
• 10. Constructive Trusts: Understanding Remedialism MICHAEL BRYAN
• 11. Thoughts on Equity in New Zealand and New South Wales ANDREW BUTLER and TIM MILLER.
• (source: Nielsen Book Data)

Equity, the body of law developed in the English Court of Chancery, has a long and distinguished history. In the twenty-first century it continues to be an important regulator of both commercial and personal dealings, as well as informing statutory regulation. Although much equitable doctrine is settled, there remain some intractable problems that bedevil lawyers across jurisdictions. The essays in this collection employ new historical, comparative and theoretical perspectives to cast light on these fault lines in equitable doctrine and methodology. Leading scholars and practitioners from England, Australia and New Zealand examine such contentious topics as personal and proprietary liability for breaches of equitable duties (including fiduciary duties), the creation of non-express trusts, equitable rights in insolvency, the fiduciary 'self dealing' rule, clogs on the equity of redemption, the distribution of assets on family breakdown, and the suitability of unjust enrichment analysis. The authors address specific doctrinal questions as well as the 'meta' issues of organisation and methodology, and their findings will be of value to academics and practitioners alike.
(source: Nielsen Book Data)