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Book
x, 341 pages ; 25 cm.
Law Library (Crown)
Book
lxxi, 1015 pages ; 25 cm
  • Foreword to the third edition
  • Preface to the third edition
  • Background to Australian anti-discrimination and equal opportunity law
  • Overview of Australian anti-discrimination and equal opportunity law
  • Direct and indirect discrimination
  • Positive approaches to non-discrimination
  • Race discrimination
  • Sex discrimination
  • Disability discrimination
  • Age discrimination
  • Carers' responsibility discrimination
  • Other protected attributes
  • Areas of unlawful discrimination
  • Harassment
  • Vilification
  • Victimisation
  • Procedure
  • Remedies
  • Discrimination and the Fair Work Act.
This new edition of Australia's most comprehensive book on anti-discrimination law has been fully revised and updated, re-written and reformatted to enhance its accessibility. It continues to offer both a substantial text for a specialist audience, and a powerful critique of anti-discrimination law in Australia. The authors support their analysis and explanation of legislation and case law with carefully selected extracts from a broad range of decisions, law reform reports, and academic writers and commentators. Key Features of the New Edition Revised introduction to and overview of Australian anti-discrimination law. New standalone chapters for Protected Attributes: Race Discrimination, Sex Discrimination, Disability Discrimination, Age Discrimination, Carers' Responsibilities and Other Protected Attributes. Detailed account of legislative reform and developments in case law, in all nine jurisdictions, up to late 2017. An account of changed complaints procedures under the Australian Human Rights Commission Act, and of the case law and public debate that triggered the changes.
(source: Nielsen Book Data)9781760021559 20180723
Law Library (Crown)
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
  • 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.
Vigorous debate exists among constitutional scholars as to the appropriate `modalities' of constitutional argument, and their relative weight. Many scholars, however, argue that one important modality of constitutional argument involves attention to underlying constitutional purposes or `values'. In Australia, this kind of values-oriented approach has been advocated by leading constitutional scholars, and also finds support in the judgments of the High Court at various times, particularly during the Mason Court era. Much of the scholarly debate on constitutional values to date, however, focuses on whether the Court should in fact look to constitutional values in this way, not the kinds of values the Court should consider, given such an approach. This book responds to this gap in the existing scholarly literature, by inviting a range of leading Australian constitutional lawyers and scholars to address the relevance and scope of various substantive constitutional values, and how they might affect the Court's approach to constitutional interpretation in various contexts. It is essential reading for anyone seeking a deeper understanding of Australia's constitutional system.
(source: Nielsen Book Data)9781509918409 20180820
Law Library (Crown)
Book
lviii, 1510 pages ; 25 cm
  • Foundations
  • Origins and influences
  • Path to independence
  • Indigenous peoples
  • Constitutional interpretation
  • Statutory interpretation and constitutional law
  • Federalism and the engineers case
  • Australian federalism in practice
  • The states
  • The territories
  • Inconsistency between commonwealth and state laws
  • The executive
  • The High Court
  • Separation of judicial power
  • Judicial and non-judicial detention
  • The judicial process
  • Federal Parliament
  • Characterisation
  • Economic powers
  • Defence power
  • External affairs power
  • Immigration and aliens powers
  • Races power
  • Taxation and excise
  • Appropriations and grants
  • Intergovernmental immunities
  • Human rights
  • Economic freedoms
  • Freedom of political communication
  • Constitutional change.
This is the new and fully updated edition of the acclaimed and authoritative book on Australian constitutional law. Fresh material reflects the contemporary approach of the High Court including its emphasis on statutory interpretation as a tool of constitutional analysis. The book has also been fully revised and updated for major High Court and overseas decisions, including McCloy v New South Wales, Williams v Commonwealth (No 2), the Brexit Case and Plaintiff M68/2015 v Minister for Immigration. Always `much more than a casebook' as Sir Anthony Mason said of a previous edition, the book also presents carefully selected extracts from a broad range of writers and commentators. As the reviewer for the Law Institute Journal said of the most recent edition, this book is `a great resource for practitioners wanting an authoritative guide to Australian constitutional law' and a `must-have for law students who would like more depth of analysis'.
(source: Nielsen Book Data)9781760021511 20181008
Law Library (Crown)
Book
xl, 326 pages ; 25 cm
Since the first edition published in 2014, the area of Commonwealth criminal law has continued to expand and evolve, particularly in the areas of terrorism, drug importation and sentencing. This second edition has been extensively revised and updated to reflect these legislative changes as well as recent case law. In particular, chapters dealing with child exploitation by way of online pornography and abuse, and counter-terrorism (now referred to as 'Security of the Commonwealth') have been significantly overhauled, and the chapter on sentencing includes more recent sentencing practices and guidelines. This second edition continues to cover wide-ranging areas of Commonwealth criminal law, including corporate crime, social security and tax fraud, money laundering, drug offences and offences involving the internet and terrorism. It also deals with the special Commonwealth sentencing provisions provided for by the Crimes Act 1914 (Cth) and analyses how criminal liability for such offences must be proved under the Criminal Code (Cth). This edition is designed for practitioners and students alike.
Law Library (Crown)
Book
lvii, 597 pages ; 25 cm
  • Preface
  • Context, history and regulation
  • Corporate law theory and debates
  • The company as a separate legal entity
  • Formation and types of companies
  • The internal rules of a company
  • Corporate contracting
  • Decision-making, meetings and reporting
  • Corporate finance
  • Corporate fundraising
  • An overview of directors' duties
  • Duty of care, skill and diligence
  • Duties of good faith
  • Conflicts of interest
  • Members' rights and remedies
  • Receivership, schemes of arrangement and voluntary administration
  • Winding up and liquidation
  • Financial markets and financial services
  • 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.
(source: Nielsen Book Data)9781316628270 20180521
Law Library (Crown)
Book
xxiii, 213 pages : 1 illustration ; 25 cm
  • Preface
  • Introduction / Anthony Mason
  • Prologue: Encounters with Michael Coper's career and the search for new ways forward / John Williams
  • The Section 92 revolution / Stephen Gageler
  • The elusive promise of the Inter-State Commission / Andrew Bell
  • Power and propriety : Coper's Encounter with the dismissal / Ryan Goss
  • New ways forward / Michael Kirby
  • Between realism and legalism : Michael Coper and the enduring appeal of Cole v Whitfield / Adrienne Stone
  • Fidelity to external (re)sources / Tony Blackshield
  • Law through the lens of biography / Heather Roberts
  • Through the lens of oral history / Garry Sturgess
  • Through the lens of an encyclopaedia / Helen Irving
  • Being a lawyer : professionalism, values and service / Kim Economides
  • Being a law dean : aspiration and reality / Stephen Bottomley
  • Being a global leader : challenges of internationalisation / Duncan Bentley
  • Reflection / Michael Coper.
What do constitutional interpretation and legal education have in common? For one thing, they share the same tension between theory and practice, between form and substance, between process and outcomes, between constancy and change, and between local and comparative perspectives. Each also has a substratum of fundamental underlying values that demand, but do not always receive, clear articulation. From the gripping story of the revolution that swept away the old law on section 92 of the Constitution, to the endemic conflict in the judicial process between legalism and realism, to the never-ending controversy about the Dismissal, to perceiving the world and organising legal knowledge in new ways through biography and oral history, to the role of educators in shaping the views and values of newcomers to this knowledge, this book contains over a dozen sparkling essays by some of Australia's most renowned and respected lawyers, as well as a substantial reflective commentary by Michael Coper himself.
(source: Nielsen Book Data)9781760021627 20180702
Law Library (Crown)
Book
xxxii, 763 pages ; 25 cm
Law Library (Crown)
Book
xxiv, 287 pages : illustrations ; 25 cm.
  • Introduction
  • Historiography and the history of Australian private law in the first half of the twentieth century : Et in Arcadia ego?
  • Avoiding and interpreting 'refinements of English law' : defamation in Australia 1901-1945
  • Politics, politicians, the press and the law of defamation
  • Negligence and the boundaries of liability : liability for acts of third parties
  • Negligence and the vexing question of shock-induced harm
  • Negligence and the boundaries of liability : government and quasi-government liability
  • In defence of king and country
  • Environment and Australian tort law : the problem of fire and weeds
  • Sport and recreation : tort law and the national pastime 1901-1945
  • Conclusion.
Little attention has been paid to the development of Australian private law throughout the first half of the twentieth century. Using the law of tort as an example, Mark Lunney argues that Australian contributions to common law development need to be viewed in the context of the British race patriotism that characterised the intellectual and cultural milieu of Australian legal practitioners. Using not only primary legal materials but also newspapers and other secondary sources, he traces Australian developments to what Australian lawyers viewed as British common law. The interaction between formal legal doctrine and the wider Australian contexts in which that doctrine applied provided considerable opportunities for nuanced innovation in both the legal rules themselves and in their application. This book will be of interest to both lawyers and historians keen to see how notions of Australian identity have contributed to the development of an Australian law.
(source: Nielsen Book Data)9781108423311 20181001
Law Library (Crown)

10. Laying down the law [2018]

Book
xlii, 648 pages ; 25 cm
  • Preface
  • Laying the foundations
  • An introduction to legal history
  • The Australian legal system
  • Indigenous Australians and the system of law and justice
  • The legal profession and professional legal practice and ethics
  • Case law and precedent
  • Precedent in Australian courts
  • Judicial decision-making
  • Legislation
  • Approaches to interpretation of legislation
  • Extrinsic aids to interpretation of legislation
  • Interpretation of legislation in context
  • Presumptions used in the interpretation of legislation
  • Statutory obligations and discretions
  • Legal research : approaches and steps
  • Searching for secondary sources
  • Searching for case law
  • Searching for legislation
  • Legal writing
  • Referencing and citation
  • Study and exam skills.
"[This book provides an] introduction to the study of law. Essential foundation topics covered include Australia’s legal system and sources of law while discussion of current issues highlights the context in which our legal system operates and the role and responsibilities of the legal profession."-- Publisher's website.
Law Library (Crown)
Book
xiii, 373 pages ; 24 cm
  • Prologue: Living realities
  • Introduction
  • Early international law and the foreigner
  • A common law doctrine of sovereignty
  • A constitutionalisation of sovereignty
  • Mandatory detention
  • Planned destitution
  • Conclusion
  • Epilogue: A campaign to 'stop the boats'.
The emergence of international human rights law and the end of the White Australia immigration policy were events of great historical moment. Yet, they were not harbingers of a new dawn in migration law. This book argues that this is because migration law in Australia is best understood as part of a longer jurisprudential tradition in which certain political-economic interests have shaped the relationship between the foreigner and the sovereign. Eve Lester explores how this relationship has been wrought by a political-economic desire to regulate race and labour; a desire that has produced the claim that there exists an absolute sovereign right to exclude or condition the entry and stay of foreigners. Lester calls this putative right a discourse of 'absolute sovereignty'. She argues that 'absolute sovereignty' talk continues to be a driver of migration lawmaking, shaping the foreigner-sovereign relation and making thinkable some of the world's harshest asylum policies.
(source: Nielsen Book Data)9781107173279 20180618
Law Library (Crown)
Book
xvii, 254 pages ; 24 cm
  • 1. Introduction; 2. Unilateral Conduct Laws: Origins, Objectives and Theory; 3. The History and Objectives of Unilateral Conduct Legislation in Australia; 4. A Comparative Analysis of Profit-Focused Tests for Unilateral Anticompetitive Conduct; 5. A Comparative Analysis of Effects-Based Tests for Unilateral Anticompetitive Conduct; 6. The Role of Purpose in Unilateral Conduct Standards.
"Laws prohibiting unilateral anticompetitive conduct have been the subject of vigorous international debate for decades, as policymakers, antitrust scholars and agencies continue to disagree over how best to regulate the market conduct of a single firm with substantial market power. Katharine Kemp describes the controversy over Australia's misuse of market power laws in recent years, which mirrored the international debate in this sphere, and culminated in the fundamental reform of the misuse of market power prohibition under the Competition and Consumer Act 2010 (Cth) in 2017. Misuse of Market Power: Rationale and Reform explains Australia's new misuse of market power law, which adopts an 'effects-based test' for unilateral conduct, and makes a comparative analysis between Australian tests for unilateral anticompetitive conduct and tests from the US and the EU. This text also illuminates the frequently-mentioned, but little understood, concept of 'purpose' and its role in framing unilateral conduct standards"-- Provided by publisher.
Law Library (Crown)
Book
lxxx, 1113 pages ; 26 cm.
  • PART I: FOUNDATIONS-- PART II: CONSTITUTIONAL DOMAIN-- PART III: THEMES-- PART IV: PRACTICE AND PROCESS-- PART V: SEPARATION OF POWERS-- PART IV: FEDERALISM-- PART VII: RIGHTS.
  • (source: Nielsen Book Data)9780198738435 20180820
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.
(source: Nielsen Book Data)9780198738435 20180820
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
xxiv, 377 pages ; 25 cm
  • Preface
  • Why does administrative law matter?
  • The scope of judicial review
  • Judicial review remedies and the consequences of legal error
  • Administrative law norms (AKA the grounds of review)
  • Access to judicial review
  • Restricting judicial review
  • Tribunals and merits review
  • Beyond courts and tribunals
  • Freedom of information
  • Values and effects of administrative law.
This book provides a clear and concise account of the main principles of administrative law. It sets those principles in historical, comparative and constitutional perspective. Principles of Administrative Law guides the reader through the complexities of the current law and provides an account of how it developed and where it might go in the years to come. This book tells not only what administrative law is but also what it is about. Unlike a traditional textbook, Principles of Administrative Law offers an uncluttered statement of the essentials of the subject. Unlike an 'outline' or 'introduction', however, it uses this statement of the basics as the foundation for an exploration of the law's origins and conceptual foundations and of its institutional and constitutional context. In addition, it covers various important topics not found in other administrative law books for students. It is a significant addition to the literature on Australian administrative law, and meets a real need for a short book that is both broad and deep in its treatment of this increasingly topical area of law.
(source: Nielsen Book Data)9780190305246 20180806
Law Library (Crown)
Book
viii, 298 pages : illustrations ; 25 cm
  • Replenishing Australia's water future : from stagnation to innovation / Cameron Holley and Darren Sinclair
  • The unwinding of water reform in the Murray-Darling Basin : a cautionary tale for transboundary river systems / Emma Carmody
  • Multi-jurisdictional water governance in Australia : muddle or model? / Bradley C. Karkkainen
  • Environmental water transactions and innovation in Australia / Katherine Owens
  • Water entitlements as property : a work in progress or watertight now? / Janice Gray and Louise Lee
  • Regulatory and economic instruments : a useful partnership to achieve collective objectives? / Adam Loch, C Dionisio Perez-Blanco, Dolores Rey, Erin O'Donnell, and David Adamson
  • Water markets and regulation : implementation, successes and limitations / Cameron Holley and Darren Sinclair
  • Public participation in water resources management in Australia : procedure and possibilities / Bruce Lindsay
  • A governance solution to Australian freshwater law and policy / Jennifer McKay
  • Lessons from Australian water reforms : indigenous and environmental values in market-based water regulation / Elizabeth Macpherson, Erin O'Donnell, Lee Godden and Lily O'Neill
  • Regulating cumulative impacts in groundwater systems : global lessons from the Australian experience / Rebecca Louise Nelson
  • Compromising confidence? : water, coal seam gas and mining governance reform in Queensland and Wyoming / Poh-Ling Tan and Jacqui Robertson
  • Governing the freshwater commons : lessons from application of the trilogy of governance tools in Australia and the western United States / Barbara Cosens.
This book identifies the most effective water policy tools and innovations, and the circumstances that foster their successful implementation by taking a comparative look at a world-leading `laboratory' of water law and governance: Australia. In particular, the book analyses Australia's 20-year experience implementing a hybrid governance system of markets, hierarchical regulation, and collaborative integrated water planning. Australia is acknowledged as a world leader in water governance reform, and an examination of its relatively mature water law and governance system has great significance for many international academics and jurisdictions. This book synthesises practical lessons and theoretical insights from Australia, as well as recommendations from comparative analysis with countries such as the United States to provide useful guidance for policymakers and scholars seeking to apply water instruments in a wide range of policy contexts. The book also advances our understanding of water and broader environmental governance theory and is a valuable reference for scholars, researchers and students working in law, regulation and governance studies - especially in the field of water and environmental law.
(source: Nielsen Book Data)9789811089763 20181008
Law Library (Crown)
Book
xv, 178 pages ; 26 cm.
  • Foreword / Robert S. French
  • A sabbath breaker in the stocks
  • Arguing for a religious character to the Australian Constitution
  • Arguing against a religious character to the Australian Constitution
  • A constitutional recognition of God
  • A constitutional prohibition against religious laws
  • The argument for Section 116
  • The language of Section 116
  • The original understanding of Section 116
  • Section 116 as a safeguard against religious intolerance
  • H.V. Evatt's attempts to amend Section 116 in the 1940s
  • Post-war attempts to amend Section 116
  • The future of Section 116.
This book examines the origins of Australia's constitutional religious freedom provision. It explores, on the one hand, the political activities and motives of religious leaders seeking to give the Australian Constitution a religious character and, on the other, the political activities and motives of a religious minority seeking to prevent the Australian Constitution having a religious character. The book also interrogates the argument advanced at the Federal Convention in favour of section 116, dealing with separation of religion and government, and argues that until now scholars and courts have misunderstood that argument. The book casts new light to show how the origins of the provision lead to section 116 being conceptualised as a safeguard against religious intolerance on the part of the Commonwealth. Written in an accessible style, the work has potential to influence the development of constitutional doctrine by the High Court through its challenge of historical assumptions on which the High Court's current doctrine is based. Given the ongoing political debates concerning the interaction of discrimination law and religious freedom, the book will be of interest to academics and policy-makers working in the areas of law and religion, constitutional law and comparative law.
(source: Nielsen Book Data)9780815367260 20180813
Law Library (Crown)
Book
vii, 278 pages ; 24 cm
Law Library (Crown)

19. Water resources law [2018]

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
ix, 243 pages : 1 map ; 22 cm
  • Introduction
  • Heading 'out the back'
  • 'Rockholes all over the place'
  • The making of 'mission mob'
  • Spectres of 'welfare'
  • Memories of the 'old ways'
  • 'We know whoe we are' : the impact of native title on local identities
  • Engaging the historical record
  • Fighting about native title
  • Tending to rockholes
  • Making assertions
  • Where dingoes howl
  • Where dogs reign
  • Epilogue.
"[This book] is about a divisive native title claim in the outback town of Ceduna, where the claims process has thoroughly reorganised local Aboriginal identities over the course of the past decade. The central character in this story is senior Aboriginal woman Sue Haseldine, a self-styled charismatic rebel and master storyteller. Sue and her extended family have experienced native title as an unwelcome imposition: something that has emanated from the state and out of which they gained only enemies."-- Provided by publisher.
Law Library (Crown)