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Book
x, 321 pages ; 25 cm.
  • Functionalism and Australian constitutional values / Rosalind Dixon
  • The justification of judicial review : text, structure, history, and principle / Nicholas Aroney
  • Functions, purposes, and values in constitutional interpretation / Jeffrey Goldsworthy
  • Functions, context, and constitutional values / Jonathan Crowe
  • Legality and constitutionalism : the rule of law / Lisa Burton Crawford
  • Government accountability as a "constitutional value?" / Janina Boughey and Greg Weeks
  • Impartial justice / Sarah Murray
  • Political democracy : deliberation as a constitutional value / Scott Stephenson
  • Political equality as a constitutional principle : cautionary lessons from McCloy v New South Wales / Joo-Cheong Tham
  • Liberty as a constitutional value : the difficulty of differing conceptions of "the relationship of the individual to the state" / James Stellios
  • Equal treatment and non-discrimination through the functionalist lens / Amelia Simpson
  • Democratic experimentalism / Gabrielle Appleby and Brendan Lim
  • Indigenous recognition / Dylan Lino
  • National security : a hegemonic constitutional value? / Rebecca Ananian-Welsh and Nicola McGarrity
  • Free trade as an Australian constitutional value : a functionalist approach to the interpretation of the economic constitution of Australia / Gonzalo Villalta Puig.
Law Library (Crown)
Book
lvii, 597 pages ; 25 cm
  • 1. Context, history and regulation
  • 2. Corporate law theory and debates
  • 3. The company as a separate legal entity
  • 4. Formation and types of companies
  • 5. The internal rules of a company
  • 6. Corporate contracting
  • 7. Decision-making, meetings and reporting
  • 8. Corporate finance
  • 9. Corporate fundraising
  • 10. An overview of directors' duties
  • 11. Duty of care, skill and diligence
  • 12. Duties of good faith
  • 13. Conflicts of interest
  • 14. Members' rights and remedies
  • 15. Receivership, schemes of arrangement and voluntary administration
  • 16. Winding up and liquidation
  • 17. Financial markets and financial services
  • 18. Takeovers.
Contemporary Australian Corporate Law provides an authoritative, contextual and critical analysis of Australian corporate and financial markets law, designed to engage today's LL.B. and JD students. Written by leading corporate law scholars, the text provides a number of features including: a well-structured presentation of topics for Australian corporate law courses, consistent application of theory with discussion of corporate law principles (both theoretical and historical), comprehensive discussion of case law with modern examples, and integration of corporate law and corporate governance, all with clarity, insight and technical excellence. Central concepts are enhanced with dynamic and relevant discussions of corporate law in context, including debates relating to the role of corporations in society, the global convergence of corporate law as well as corporations and human rights. Exploring the social, political and economic forces which shape modern corporations law, Contemporary Australian Corporate Law encourages a forward-thinking approach to understanding key concepts within the field.
Law Library (Crown)
Book
xlii, 648 pages ; 25 cm
Law Library (Crown)
Book
lxxx, 1113 pages ; 26 cm.
  • Part I: Foundations. 1. First Peoples / Sean Brennan and Megan Davis
  • 2. Settlement / John Waugh
  • 3. Federation / Susan Crennan
  • 4. Independence / Anne Twomey
  • 5. Evolution / Susan Kenny
  • 6. Ideas / Patrick Emerton
  • Part II: Constitutional Domain. 7. Rule of Law / K M Hayne
  • 8. Common Law / William Gummow
  • 9. Unwritten Rules / Gabrielle Appleby
  • 10. International Law / Stephen Donoghue
  • 11. Comparative Law / Stephen Gageler
  • 12. State Constitutions / Gerard Carney
  • Part III: Themes. 13. Legitimacy / Brendan Lim
  • 14. Citizenship / Elisa Arcioni
  • 15. Constitutionalism / Jeffrey Goldsworthy and Lisa Burton Crawford
  • 16. Republicanism / John Williams
  • 17. Unity / William Gummow
  • 18. Australia in the International Legal Order / Hilary Charlesworth
  • Part IV: Practice and Process. 19. Authority of the High Court of Australia / Kristen Walker
  • 20. Judicial Reasoning / Adrienne Stone
  • 21. Standards of Review / Susan Kiefel
  • 22. Justiciability and Relief / Jeremy Kirk
  • 23. Techniques of Adjudication / Peter Hanks and Olaf Ciolek
  • Part V: Separation of Powers. 24. Parliaments / Amelia Simpson
  • 25. Executives / Terence Daintith and Yee-Fui Ng
  • 26. Legislative and Executive Power / Cheryl Saunders
  • 27. Judicature and Jurisdiction / Nicholas Owens
  • 28. Separation of Judicial Power / Michelle Foster
  • 29. Constitutionalization of Administrative Law / Debbie Mortimer
  • Part IV: Federalism. 30. Design / Nicholas Aroney
  • 31. Power / Mark Leeming
  • 32. Money / Stephen McLeish
  • 33. Co-operation / Robert French
  • 34. Economic Union / Justin Gleeson
  • 35. Federal Principle / Michael Crommelin
  • 36. Federal Jurisdiction / James Stellios
  • Part VII: Rights. 37. Rights Protection in Australia / Scott Stephenson
  • 38. Due Process / Fiona Wheeler
  • 39. Expression / Adrienne Stone
  • 40. Political Participation / Joo-Cheong Tham
  • 41. Property / Lael Weis
  • 42. Religion / Carolyn Evans
  • 43. Equality / Denise Meyerson
  • 44. Legality / Dan Meagher.
Constitutional law provides the legal framework for the Australian political and legal systems, and thus touches almost every aspect of Australian life. The Handbook offers a critical analysis of some of the most significant aspects of Australian constitutional arrangements, setting them against the historical, legal, political, and social contexts in which Australia's constitutional system has developed. It takes care to highlight the distinctive features of the Australian constitutional system by placing the Australian system, where possible, in global perspective. The chapters of the Handbook are arranged in seven thematically-grouped parts. The first, 'Foundations', deals with aspects of Australian history which have influenced constitutional arrangements. The second, 'Constitutional Domain', addresses the interaction between the constitution and other relevant legal systems and orders, including the common law, international law, and state constitutions. The third, 'Themes', identifies themes of special constitutional significance, including the legitimacy of the constitution, citizenship, and republicanism. The fourth, 'Practice and Process', deals with practical issues relevant to constitutional litigation, including the processes, techniques, and authority of the High Court of Australia. The final three parts deal with the structural building blocks of the Australian Constitutional system: 'Separation of Powers', 'Federalism', and the 'Protection of Rights.' Written by a team of experts drawn from academia and practice, the Handbook provides Australian and international readers alike with a reliable source of knowledge, understanding, and insight into the Australian Constitution.
Law Library (Crown)
Book
viii, 220 pages ; 25 cm.
  • Introduction: Migrant illegality in legal records
  • Borders of responsibility
  • "You're just kidnapped" : immigration "arrests" and detention
  • Raids, searches and rapid removals
  • "Mums", "mafia" and "ransom money" : release from immigration detention
  • Profiling bad character
  • Conclusion: "The umbrella of legality".
Migration policing experiments such as boat turn-backs and offshore refugee processing have been criticised as unlawful and have been characterised as exceptional. Policing Undocumented Migrants explores the extraordinarily routine, powerful, and above all lawful practices engaged in policing status within state territory. This book reveals how the everyday violence of migration law is activated by making people `illegal'. It explains how undocumented migrants are marginalised through the broad discretion underpinning existing frameworks of legal responsibility for migration policing. Drawing on interviews with people with lived experience of undocumented status within Australia, perspectives from advocates, detailed analysis of legislation, case law and policy, this book provides an in-depth account of the experiences and legal regulation of undocumented migrants within Australia. Case studies of street policing, immigration raids, transitions in legal status such as release from immigration detention, and character based visa determination challenge conventional binaries in migration analysis between the citizen and non-citizen and between lawful and unlawful status. By showing the organised and central role of discretionary legal authority in policing status, this book proposes a new perspective through which responsibility for migration legal practices can be better understood and evaluated. Policing Undocumented Migrants will be of interest to scholars and practitioners working in the areas of criminology, criminal law, immigration law and border studies.
(source: Nielsen Book Data)9781472435019 20180205
Law Library (Crown)
Book
lxvi, 713 pages : illustrations ; 24 cm
  • Australian water resources and water access policy
  • The constitutional and administrative framework of water resources management
  • The nature of water access rights
  • Water resources planning
  • The administration of access entitlements
  • Water trading
  • Conclusion on water sharing resources in Australia.
"Water Resources Law, 2nd edition is a book about over the past twenty years Australian parliaments have undertaken a national program of fundamental law reform about water resources law to address the competing interests of humans and our ecosystems. The resultant state and territory legislation is the product of the most significant reforms since water resources statutes were first enacted over a century ago. The Commonwealth Parliament has entered the field of water resource management and, with the support of some state-referred legislative powers, has enacted a framework for the national oversight of water resources management . The authors explain in practical terms how the new water resources legislation seeks to implement the national reform policies. Completely reviewed and updated to include areas such as the emergence of water markets, the 2013 Intergovernmental Agreement on Implementing Water Reform in the Murray-Darling Basin, and the future of National Water Policy, this second edition of Water Resources Law is an invaluable resource for practitioners, academics, environmentalists, students and anyone interested in tracing the legal history and policy development of these reforms." -- Publisher's website.
Law Library (Crown)
Book
xxi, 234 pages ; 25 cm
  • Interpreting the effect of our charters / Matthew Groves
  • The distinctive features of Australia's human rights charters / George Williams
  • The scope and application of the charters / Janina Boughey
  • Taking stock of the audit power / Penelope Mathew
  • Charter remedies / Mark Moshinsky
  • Using the Charter in litigation / Emrys Nekvapil
  • Freedom of expression / Colin Campbell
  • Religious freedom under the Victorian Charter of Rights / Nicholas Aroney, Joel Harrison and Paul Babie
  • The approach of the Victorian Charter to Women's Rights / Ronli Sifris
  • Charters and disability / Rosemary Kayess and Belinda Smith
  • The Charter of law and order / Jeremy Gans
  • The Second Charters of Prisoner's Rights / Matthew Groves
  • Privacy rights and charter rights / Moira Paterson.
This book examines the ACT Human Rights Act 2004 and the Victorian Charter of Human Rights and Responsibilities Act 2006. These two statutes are closely modelled on international bills and charters of rights but Australia's unique legal framework makes them quite distinct. This book examines how these two "Australian Charters" have operated in their first decade. It explains their strengths and limits, and what lessons they can provide for other Australian jurisdictions. The book comprises two thematic parts. The first half explains the architecture of the two Australian Charters. What makes them distinct? What is their scope? How do they operate? The second half examines how the Australian Charters have been used by particular groups in society, such as prisoners, people with disability and women. Others show how the Charters have affected important social issues, such as freedom of expression and religious observance. The authors are a wide range of judges, practitioners and leading scholars. They bring a knowledge of the theory and practice of workings of the Australian Charters that is essential to everyone concerned with our rights.
(source: Nielsen Book Data)9781760021375 20171121
Law Library (Crown)
Book
xliv, 474 pages ; 25 cm
  • Preface
  • Citizenship in Australia : an overview
  • Australian citizenship in the 1890s and the Australasian Federal Convention debates : lessons for the 21st century
  • Australian subjecthood before Australian citizenship : 1901-1948
  • Australian Citizenship Act 2007 (Cth)
  • Legislative consequences of citizenship
  • The High Court, citizenship and membership
  • Future of Australian citizenship.
"Citizenship is the pivotal legal status in any nation-state. In Australia, the democratic, social and political framework, and its identity as a nation, is shaped by the notion of citizenship. [This book] sheds light on citizenship law and practice and provides the most up-to-date analysis available of the Australian Citizenship Act 2007 (Cth). [This book] has been cited in High Court decisions, referred to in national and international academic work and used extensively by practitioners working in citizenship law, migration law, constitutional and administrative law and is an essential resource for migration agents. Moreover, because of its broader analysis, it is...relevant to any discipline associated with citizenship, including, history, politics, education or sociology, and to government officials working in the area of citizenship, especially those working in our embassies and consulates."-- Back cover.
Law Library (Crown)
Book
xi, 251 pages ; 24 cm
  • Preface
  • The reason for this book
  • Clinics and Australian law school approaching 2020
  • Australian clinical legal education : models and definitions
  • Course design for clinical teaching
  • Teaching social justice in clinics
  • The importance of effective supervision
  • Reflective practice : the essence of clinical legal education
  • Clinical assessment of students' work
  • Resourcing live client clinics
  • Australian best practices : a comparison with the United Kingdom and the United States
  • Conclusion.
"Clinical legal education (CLE) is potentially the major disruptor of traditional law schools’ core functions. Good CLE challenges many central clichés of conventional learning in law—everything from case book method to the 50-minute lecture. And it can challenge a contemporary overemphasis on screen-based learning, particularly when those screens only provide information and require no interaction. [This book] comes out of a thorough research program and offers...[a] guidebook for anyone seeking to design and redesign accountable legal education; that is, education that does not just transform the learner, but also inculcates in future lawyers a compassion for and service of those whom the law ought to serve. Established law teachers will come to grips with the power of clinical method. Law students struggling with overly dry conceptual content will experience the connections between skills, the law and real life. Regulators will look again at law curricula and ask law deans ‘when’?"-- Back cover.
Law Library (Crown)
Book
169 pages ; 24 cm
Green Library
Book
169 pages ; 24 cm
  • Introduction
  • Japan and Australia, 1944-1946 : the early domestic and regional context
  • Building a case against the war criminals : law and investigation
  • Procedure
  • The first phase of the prosecutions, 1945-1948
  • The changing political context
  • The second phase : Manus Island
  • Post-trial : repatriation of war criminals
  • A new direction : the release of war criminals
  • Conclusion.
"Previous scholarship on trials of war criminals focused on the legal proceedings with only tacit acknowledgment of the political and social context. [The author argues] that the trials of Class B and Class C Japanese war criminals in Australia were not only an attempt to punish Japan for its militaristic ventures but also a move to exert influence over the future course of Japanese society, politics, and foreign policy as well as to cement Australia's position in the Pacific region as a major power. During the Allied occupation of Japan, Australia energetically tried Japanese Class B and Class C war criminals. However, as the Cold War intensified, Japan was increasingly seen by the United States and its allies as a potential ally against communism and was no longer considered a threat to Pacific security. In the 1950s, concerns about the guilt of individual Japanese soldiers made way for pragmatism and political gain when the sentences of war criminals became a political bargaining chip."-- Back cover.
Law Library (Crown)
Book
xxiii, 278 pages : illustrations ; 23 cm.
  • Introduction
  • Informal constitutional change
  • The Whitlam dismissal
  • The Murphy affair
  • The Mason court
  • The Howard referendum
  • Conclusion.
Australia's constitutional crisis of 1975 was not simply about the precise powers of the Senate or the Governor-General. It was about competing accounts of how to legitimate informal constitutional change. For Prime Minister Gough Whitlam, and the parliamentary tradition that he invoked, national elections sufficiently legitimated even the most constitutionally transformative of his goals. For his opponents, and a more complex tradition of popular sovereignty, more decisive evidence was required of the consent of the people themselves. This book traces the emergence of this fundamental constitutional debate and chronicles its subsequent iterations in sometimes surprising institutional configurations: the politics of judicial appointment in the Murphy Affair; the evolution of judicial review in the Mason Court; and the difficulties Australian republicanism faced in the Howard Referendum. Though the patterns of institutional engagement have varied, the persistent question of how to legitimate informal constitutional change continues to shape Australia's constitution after Whitlam.
(source: Nielsen Book Data)9781107119468 20171211
Law Library (Crown)
Book
x, 237 pages ; 24 cm
  • Introduction
  • The origins of judicial activism terminology
  • From description to slogan : the activist/self-restraint divide in US public debate
  • 'Strict and complete legalism' in the High Court of Australia
  • The history wars and the High Court
  • Judicial activism as elitism : Wik, the implied rights cases and beyond
  • Epilogue: Judicial activism in Australia today.
The term `judicial activism' is seemingly ubiquitous in Australia and the United States today. Prominent public figures, from politicians to cardinals, commentators to business executives, have used this terminology to condemn superior courts and certain judicial outcomes. In Australia, High Court decisions on matters such as native title, property law and the interpretation of Australian history (for instance, Mabo); constitutional rights; the law of negligence; and migration law have been attacked in some quarters as being `undemocratic' and `activist', and as exemplifying the growing elitism of higher court judges. In the United States, decisions relating to reproductive rights; gun laws; school prayer; racial segregation and the interpretation of American history (for instance, Brown v Board of Education) have also been criticised on this basis. Yet as the judicial activism critique is increasingly adopted by the popular media, many lawyers and judges are hesitant to engage with the terminology, seeing it as nothing more than an empty pejorative.
(source: Nielsen Book Data)9781760021436 20180403
Law Library (Crown)
Book
ix, 219 pages ; 22 cm
Law Library (Crown)
Book
lxii, 494 pages ; 25 cm
  • Preface
  • Introduction
  • Mistake of fact
  • Ignorance and mistake of law
  • Claim of right
  • Consent
  • Sudden emergency (necessity)
  • Impossibility
  • Duress, compulsion and coercion
  • Superior orders
  • Defensive orders
  • Provocation
  • Intoxication
  • The defence of insanity
  • Automatism
  • Diminished responsibility and substantial impairment
  • Infanticide
  • Infancy and nonage.
"[This book analyzes] the defences to criminal prosecutions both at common law and under statute in all jurisdictions of Australia. The various defences are described...together with the circumstances under which they can be raised and how several defences can be combined. The inter-relationship of the defences is also fully explored, with an eye to jurisdictional differences. It also includes additional analysis of Infanticide and Infancy as well as touching upon the Commonwealth Criminal Code."-- Publisher's website.
Law Library (Crown)
Book
xxii, 279 pages ; 24 cm
  • Law's metaphysics
  • When whitemen came in
  • Mission days
  • A land and sea claim
  • The ethnographic archive
  • In the court
  • Legal submissions and crosscurrents
  • How judgments are made
  • Society and sea on appeal
  • Recognition's paradox.
"It is one thing to know what the law says: it is another to try to understand what it means and how it is applied. When Indigenous relationships with a country are viewed through the lens of a Western property rights regime, this complexity is seriously magnified. [This book] traces the path of a native title claim in the Kimberley region of Western Australia (Sampi v. State of Western Australia) from its inception to resolution, contextualizing the claim in the web of historical events that shaped the claim's beginnings, its intersection with evolving case law, and the labyrinth of legal process, evidence and argument that ultimately shaped its end."-- Back cover.
Law Library (Crown)
Book
xxvi, 297 pages ; 25 cm
Law Library (Crown)
Book
xxxiv, 416 pages ; 25 cm
  • Preface
  • Introduction: What is Australian public law?
  • Constitution I : the history of the Australian state
  • Constitution II : the structure of the Australian state
  • Legitimation : justifying state power
  • Legislation : making valid law
  • Administration : governing lawfully
  • Adjudication : determining and applying law
  • Validation : reviewing state action
  • Protection : human rights and Australian public law
  • Direction : future trends in Australian public law.
In The Foundations of Australian Public Law, Anthony J. Connolly brings together the two traditionally discrete areas of constitutional and administrative law to present Australian public law as a single, integrated body. Exploring the themes of state, power and accountability in Australia, the text also makes reference to the law of international jurisdictions, where students are informed by contemporary public law theory. Particular attention is also given to the rise of global public law and the increasingly cosmopolitan nature of the subject in Australia. A comprehensive companion website complements the theory and discussion throughout the text and includes chapter summaries, further readings and discussion questions to encourage extended student learning. Written by a leader in the field, The Foundations of Australian Public Law is a key text for students looking to gain a comprehensive understanding of public law across Australia's federal, state and territory jurisdictions.
(source: Nielsen Book Data)9781107679795 20171211
Law Library (Crown)
Book
xii, 275 pages ; 24 cm
  • Preface
  • Introduction
  • Literature review
  • Early development : 1788 to 1930
  • The waiting years : 1930 to 1960
  • Initial years of expansion : second wave law schools, 1960 to 1980
  • The avalanche of law schools : third wave law schools, 1989 to 2015
  • External factors affecting Australian legal education
  • Legal education reforms : concerns, innovation and transformation
  • The four pillars of Australian legal education (and other reports)
  • Conclusion.
A History of Australian Legal Education examines the history and development of legal education in Australia by tracing the establishment of university law schools and other forms of legal education in the States and Territories from the time of European settlement in 1788 to the present day. While early Australian legal education was founded on historic practices adopted in England and Wales over many centuries, the circumstances of the Australian colonies, and later States, have led to a unique historical trajectory. The book considers the critical role played by legal education in shaping the culture of law and thus determining how well the legal system operates in practice. In addition, it examines a major challenge for legal educators, namely, the tension between 'training' and 'educating', which has given rise to a plethora of inquiries and reports in Australia. In the final analysis, it argues that legal education can satisfactorily meet the twin objectives of training individuals as legal practitioners and providing a liberal education that facilitates the acquisition of knowledge and transferable skills.
(source: Nielsen Book Data)9781760021429 20171211
Law Library (Crown)

20. Music and the law [2017]

Book
xxii, 294 pages ; 24 cm
  • An introduction to music and the law
  • The making of contracts and agreements
  • Recording and distribution
  • Copyright
  • Licensing sound recordings
  • Publishing : musicla and literary works
  • The death and rebirth of live music in Australia
  • Alternative dispute resolution
  • The industry perspective.
Music and the Law is a book that examines the relationship between the law and the music industry in Australia. The book is specifically aimed at assisting and educating law and music students, as well as individuals involved in the music industry including musicians, managers, agents and music enthusiasts. The book's introductory chapter considers the importance of music from a social, cultural and political perspective and provides an introduction to the Australian legal system. The book then looks specifically at various aspects of the music industry and, in particular, provides a summary of the following key aspects: Contracts Recording and distribution Copyright Musical works, literary works and sound recordings Live performance and the live music industry in Australia Alternative dispute resolution The final chapter of the book provides commentary from various members of the Australian music industry including lawyers, managers, distributors and musicians. Music and the Law is an indispensable tool to anyone attempting to navigate the world of music today, covering the wide spectrum of legal issues that those in the music industry may encounter.
(source: Nielsen Book Data)9781760020811 20170424
Law Library (Crown)