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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 book offers a] 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."-- Publisher's website.
Law Library (Crown)
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)
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)
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)
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)
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)
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)
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)
xxiv, 377 pages ; 25 cm
Law Library (Crown)
xv, 178 pages ; 26 cm.
Law Library (Crown)

11. Water resources law [2018]

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)
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)
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)
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)
169 pages ; 24 cm
Green Library
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)
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)
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)
ix, 219 pages ; 22 cm
  • Preface
  • An absence of human rights
  • Australia's human rights record
  • Our rights under the law
  • Why doesn't Australia have a charter of rights?
  • Is Australia's new human rights framework a success?
  • Charters of rights in the states and territories
  • An Australian charter of human rights and responsibilities.
Australia does not have a bill or charter of rights, which means there is no comprehensive law that enshrines human rights in Australia - even though these laws are standard in the rest of the developed world. So what does this mean for the rights of Australian citizens?In this fully revised fourth edition of A Charter of Rights for Australia, George Williams and Daniel Reynolds show that human rights are not adequately protected in Australia, contrary to what many of us think. Using some pressing examples, they demonstrate how the rights of people at the margins of our society are violated in often shocking ways.Several states and territories have adopted their own charters of rights, or have a charter well underway. This book's argument that the time has come to adopt a charter at the federal level is more urgent than ever.Sales PointsGeorge Williams is one of the foremost legal commentators on the issue of a bill/charter of rights in Australia - one prominent opponent, Janet Albrechtsen, called him the `high priest of the Bill of Rights movement'.Freedom of speech and human rights of Australians have been prominent issues in the media - anti-terror laws, abuses in the Northern Territory juvenile corrections system, Indigenous deaths in custody, same-sex marriage, section 18C of the Racial Discrimination Act, etc - so this revised edition is timely.The movement for charters of rights is growing, as evidenced by Victoria and the ACT implementing their own state-based charters of rights.Lays out the arguments for and against a charter of rights clearly and comprehensively.
(source: Nielsen Book Data)9781742235431 20180514
Law Library (Crown)