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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
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
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
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)

9. 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)
Book
xviii, 309 pages ; 24 cm
  • Foreword
  • Preface
  • Introduction: The web of water rights
  • 'We belong to water' : Aboriginal identity and cultural authority
  • Aboriginal property and Western values : concepts of ownership
  • Health, wealth and water rights
  • 'Little more than a sense of justice' : Mabo and native title
  • Polarised paradigms : Western and Aboriginal conceptions
  • 'A fluid element' : water in Australian policy
  • The Murray-Darling Basin and the Commonwealth Water Act
  • Water rights : for economic indepence
  • Aboriginal water values in Australian policy and law
  • Human rights : incorporating Aboriginal water rights
  • Conclusion: Securing Aboriginal water rights.
Overturning aqua nullius aims to cultivate a new understanding of Aboriginal water rights and interests in the context of Aboriginal water concepts and water policy development in Australia. In this award-winning work, Dr Marshall argues that Aboriginal water rights require legal recognition as property rights, and that water access and water infrastructure are integral to successful economic enterprise in Aboriginal communities. Aboriginal peoples social, cultural and economic certainty rests on their right to control and manage customary water. Drawing on the United Nations Declaration on the Rights of Indigenous Peoples, Marshall argues that the reservation of Aboriginal water rights needs to be prioritised above the water rights and interests of other groups.
Law Library (Crown)
Book
xiii, 228 pages : illustrations ; 23 cm.
  • Lower courts, judicial officers, and legitimacy
  • Lower courts
  • Everyday work in the lower courts
  • Judicial attitudes towards everyday work
  • Time management
  • Demeanor in court
  • Delivering decisions in court.
Judicial authority is constituted by everyday practices of individual judicial officers, balancing the obligations of formal law and procedure with the distinctive interactional demands of lower courts. Performing Judicial Authority in the Lower Courts draws on extensive original, independent empirical data to identify different ways judicial officers approach and experience their work. It theorizes the meanings of these variations for the legitimate performance of judicial authority. The central theoretical and empirical finding presented in this book is the incomplete fit between conventional norms of judicial performance, emphasizing detachment and impersonality, and the practical, day-to-day judicial work in high volume, time-pressured lower courts. Understanding the judicial officer as the crucial link between formal abstract law, the legal institution of the court and the practical tasks of the courtroom, generates a more complete theory of judicial legitimacy which includes the manner in which judicial officers present themselves and communicate their decisions in court.
(source: Nielsen Book Data)9781137521583 20170403
Law Library (Crown)
Book
xvii, 331 pages ; 25 cm
Law Library (Crown)
Book
lviii, 597 pages ; 24 cm
Law Library (Crown)
Book
xvi, 224 pages ; 25 cm
  • Introduction
  • What is the rule of law?
  • Substantive conceptions of the rule of law
  • The origins of the Australian Constitution
  • The High Court and constitutional review : Justice Dixon and the Communitst Party case
  • Clarity, prospectivity and change : the formal requirements of government action
  • The rule of law and judicial review of executive action
  • The rule of law and constitutional rights
  • The rule of law, the common law and the Australian Constitution
  • A constitutional guarantee of the rule of law?
  • The stream and the source : the Australian Constitution and the rule of law.
The rule of law is one of the most cherished political ideals in the modern world. Even though we disagree about what the rule of law means, we all seem to agree that it is a worthy goal, to which any good legal system should aspire. Yet, some argue that this is not enough; that the rule of law is too important to be left in the realm of politics, and must be protected by legal means. References to the rule of law now appear, with apparently increasing frequency, in case law from across the common law world. In some countries, it has been claimed that the government can never validly act in a way that is contrary to the rule of law. The position in Australia remains unclear. There is no mention of the rule of law in our constitutional text - but in the Communist Party Case, Dixon J said that the rule of law 'forms an assumption' of the Australian Constitution. This statement has often been repeated, but never properly analysed. Taking Dixon J's statement as its starting point, this book examines the extent to which the rule of law is protected and promoted by the Australian Constitution - indeed, how the complex and contested concept of the rule of law should be understood within the Australian constitutional order. This wide-ranging and engaging book combines theoretical analysis of the concept of the rule of law and constitutionalism with doctrinal analysis of the case law of the Australian High Court. It examines the nature and limits of legislative, executive and judicial power, and so should appeal to constitutional and administrative lawyers, scholars and practitioners. The book adds an Australian voice to global debates and a novel perspective on that enduring question of how to create 'a government of laws rather than of men'.
(source: Nielsen Book Data)9781760021337 20170731
Law Library (Crown)
Book
lv, 1315 pages ; 25 cm
Law Library (Crown)
Book
xxxvi, 475 pages : illustrations ; 25 cm
  • Foreword
  • Preface
  • Introduction to access regulations
  • Economic concepts
  • Why regulate access?
  • Key forms of access regulation
  • The building block model
  • Role of regulatory bodies
  • The national access regime
  • Electricity
  • Gas
  • Telecommunications
  • Port and rail
  • Review of regulatory decisions.
"This is a very timely release as essential infrastructure continues to be privatised around Australia. Access is regulated to ensure that owners of critical infrastructure cannot exercise market power in a manner that prevents competition in related markets. In the energy, transport and telecommunications sectors, access to services provided by major assets is managed by complex regulatory regimes. Regulation promotes competition, investment and economically efficient outcomes, in contexts where natural monopolies might otherwise prevail. Overseeing all of this are the statutory regulators and the Australian Competition Tribunal. From a national perspective, but with reference to state regulatory regimes where necessary, [this book] provides...guidance on third party access frameworks. It addresses the forms of, and approaches to, access regulation. The access regimes are reviewed by sector, as well as the mechanisms for review of access-related decisions."-- Back cover.
Law Library (Crown)
Book
cxxix, 876 pages ; 25 cm
  • Jurisdiction
  • Managing litigation and the adversary system
  • Commencing proceedings
  • Service of process
  • Appearance and corresponding processes
  • Pleading
  • Pleading practice
  • Amendment
  • Parties and causes of action
  • Discovery, interrogatories and inspection
  • Settlement
  • Summary disposal and discontinuance of litigation
  • Preserving and inspecting subject-matter of litigation
  • Interlocutory proceedings
  • Evidence
  • Trial
  • Costs
  • Appeals and new trials
  • Enforcing judgments.
"This work provides a comprehensive treatment of the civil justice system in Australia. The eleventh edition brings the statutory and rule-based frameworks in all Australian jurisdictions entirely up to date and is essential reading for students and practitioners navigating the Australian civil justice system. Key additions and alterations to this edition include: nature and sources of procedural law including: authority for making rules of court; authority for issuing practice directions; procedural discretion; the continuing discussion about the institutional integrity of State courts to exercise federal jurisdiction; the court’s role in balancing due process and efficiency in managing civil litigation; pre-trial court directions and managing the trial, including litigation in special lists; vexatious litigants; personal injury pleadings; amending pleadings and court documents and the overriding objective of justice and efficiency; amendments and limitation periods; amendment adding a new cause of action; correcting a mistake in the name of a party or adding another party; disclosure or discovery of documents, including court supervision of disclosure; offers of compromise, including the costs implications of rejecting or not accepting an offer; renewing interlocutory applications; suppression and non-publication orders; and appeals, including Victorian provisions for leave to appeal."-- Back cover.
Law Library (Crown)
Book
lxxxi, 724 pages ; 23 cm
  • Introduction
  • Passing off
  • Registered trade marks
  • Exploitation of registered trade marks
  • Copyright : introduction
  • Copyright : subsistence
  • Copyright : authorship, first ownership, and nature and duration of rights
  • Copyright : exploitation, infringement and defences
  • Areas related to copyright : moral rights, performers' rights, artist's resale rights, and other related rights
  • Designs
  • Equitable doctrine of breach of confidence
  • Patents for inventions : introduction
  • Patents for inventions : validity
  • Patents for inventions : allocation of rights and ownership, the register and dealings
  • Patents for inventions : exploitation, infringement and revocation
  • Plant breeder's rights
  • Remedies and miscellaneous issues.
Intellectual property law in Australia is a constantly changing field. Developments in technology, such as in the life sciences and in the digitisation of the creation, analysis, distribution and use of information, along with economic globalisation, are having an increasingly significant impact on this field of law. The third edition of Australian Intellectual Property Law has been updated to include the most important recent developments in intellectual property law, including: * the 'Raising the Bar' amendments to the Patents Act and case law concerning the meaning of 'manner of manufacture' * proposed reforms to the Copyright Act * the High Court's consideration of trademarks in various contexts * recent statutory changes and court judgments. Through its comprehensive discussion of the black-letter aspects of the law, and primary emphasis on legal principles and complexities, Australian Intellectual Property Law continues to offer a detailed and scholarly insight into Australian intellectual property law for students and professionals.
(source: Nielsen Book Data)9781107472297 20171218
Law Library (Crown)
Book
lxxxix, 674 pages : illustrations ; 25 cm
  • The roles of the trade mark system
  • Applying to register a trade mark : examination and opposition proceedings
  • Signs and their representation
  • Distinctiveness
  • Other grounds of rejection and opposition not involving conflicts with earlier marks
  • Conflicts with earlier registered marks or applications for registration
  • Conflicts with earlier marks : other grounds of opposition
  • Overcoming conflicts with earlier marks
  • The act of registration, and amending, revoking and cancelling registration
  • Non-use of registered marks
  • Infringement and defences
  • Passing off and consumer protection
  • Revisiting the relationship between passing off and the consumer protection regime
  • Extended passing off, special forms of trade marks and related legal regimes
  • Exploitation of trade marks
  • Litigation and remedies.
Australian Trade Mark Law Second Edition provides a comprehensive overview of trade mark law in Australia and encourages readers to critically engage with the operation of the Australian trade mark system as a whole. It moves beyond a purely descriptive account of existing legislation and case law to help readers to view and question the law through a critical lens. It questions the functioning of the trade mark system as well as the decisions made by courts, the legislature and administrative bodies that have shaped such a system. As well as critically assessing how the trademark system could work better in the future, Australian Trade Mark Law presents comparative material that illustrates how other jurisdictions deal with particular issues and problems.
(source: Nielsen Book Data)9780195519648 20170508
Law Library (Crown)
Book
ix, 303 pages : maps ; 24 cm.
  • 1. Introduction: From land rights to land reform 2. Land Reform: Theory, Terminology and Concepts 3. Aboriginal Land in the Northern Territory 4. Communities on Aboriginal Land 5. Australian Debate about Land Reform and the New Political Consensus 6. The Reforms 7. Making Sense of the Reforms 8. Alternative Approaches? 9. Conclusion.
  • (source: Nielsen Book Data)9781138853911 20160619
Over the last decade, Australian governments have introduced a series of land reforms in communities on Indigenous land. This book is the first in-depth study of these significant and far reaching reforms. It explains how the reforms came about, what they do and their consequences for Indigenous landowners and community residents. It also revisits the rationale for their introduction and discusses the significant gap between public debate about the reforms and their actual impact. Drawing on international research, the book describes how it is necessary to move beyond the concepts of communal and individual ownership in order to understand the true significance of the reforms. The book's fresh perspective on land reform and careful assessment of key land reform theories will be of interest to scholars of indigenous land rights, land law, indigenous studies and aboriginal culture not only in Australia but also in any other country with an interest in indigenous land rights.
(source: Nielsen Book Data)9781138853911 20160619
Law Library (Crown)