The Federation Press Australian Booksellers Association 20081201 AUD

9781862874091 03 03 9781862874091 15 9781862874091 BB Lives of Australian Chief Justices Series http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862874091 A01 J M Bennett Bennett, J M Dr Bennett 232 CV 12 LX 12 HB 01 After a repressed childhood, dominated by his rancorous father and brutal schooling, William a'Beckett wished to become a poet. While he made some money from literary endeavours, it was not enough to support a wife and family. Recommended to apply his qualifications as a barrister in the rising colony of NSW, he took his family to Sydney in 1837. His attainments at the Sydney Bar were immediate and spectacular. He advanced to the Solicitor-Generalship and then became an acting judge after a fierce contest with rivals. Appointed Resident Judge at Port Phillip (Melbourne) in 1846 he progressed to be the first Chief Justice of Victoria in 1852. Afflicted by paralysis of the legs, attributable to youthful cricketing injuries, a'Beckett was sometimes an irritable judge. He has been much criticised for his outspoken support of the temperance movement, for his attacks upon the excesses (as he saw them) of the gold rush, and for alleged bias in the Eureka Trials. This study portrays him in a kindlier and more objective light, suggesting that some earlier assessments have been exaggerated in their criticisms and superficial in their conclusions. 02 Biography of the first Chief Justice of Victoria, Sir William a'Beckett. 04 Foreword by The Honourable Michael Kirby, A.C, C.M.G. Acknowledgements/ List of Illustrations/ "Dramatis Personae" Running Away from Home Moving to Melbourne New Colony: New Chief Justice Eureka and Beyond "A Sort of Literary Mania" Returning Home Abbreviations / Notes / Index 07 Modest performance notwithstanding, [a'Beckett's] story as told by Bennett provides several fascinating glimpses into the lives of Australian colonial judges, their sometimes rocky relations with each other, the criticism to which they were subject by politicians and the press, and the general stresses of administering justice in fragile, fractious societies. … - John McLaren, Australian Historical Studies, Vol 34 (122), October 2003 07 As a lawyer writing lives of judges, Dr Bennett is well suited to telling the story of their work - the cases that took up their professional time and made or broke their reputations. He records their personal lives carefully and judiciously. …Dr Bennett has created a worthy portrait of the striving, ailing and stubbornly conservative Chief Justice [A'Beckett]. He and his publishers deserve warm praise for this ambitious series. - Victorian Historical Journal, Vol 74(1), April 2003 07 History has not been kind to Sir William a'Beckett. JM Bennett has attempted in this book to give a more honest and sympathetic description of Melbourne's first Chief Justice. It gives a valuable insight into Melbourne society at that time. - History News, Issue 229, July 2002 07 Bennett notes … the historical criticism of a'Beckett's handling of the criminal trials which followed the rebellion at the Eureka Stockade in Ballarat in 1854. [He] proposes a revised assessment of a'Beckett's role in one of the most highly charged political events in Australian history. He also presided over the trial of alleged offenders at the Bakery Hill riots at Ballarat [which] occurred on 29 November 1854, the day before the Eureka Rebellion. … It is difficult not to feel some sympathy for a'Beckett. His father was a dour London solicitor said to be the model for the cold-hearted Ralph Nickleby in the Charles Dickens novel, Nicholas Nickleby. … The Melbourne he presided over was convulsing with one of the greatest economic booms in Australian history due to the rivers of gold running through it from the north-west. The resulting social dislocation and excess appears to have distressed a'Beckett, not to mention the spirit of republicanism which aggressively rang around his courtroom every time another alleged Eureka rebel was acquitted. … Bennett reassesses a'Beckett as a misunderstood figure, whose foundational role in establishing the rule of law has been drowned out by the intense politics of a young nation inventing itself. - NSW Bar News, Winter 2002 07 This interesting and absorbing book does an excellent job, in summary form, of dealing with Sir William's life and especially, his career as a barrister and judge… Dr Bennett's up tempo narrative traces the story of an ambitious young barrister… The bulk of the work of Dr Bennett's study, understandably, is taken up with a discussion of the major cases Sir William decided, such as the trials of those involved with Eureka; mention is made, as well, of the very strained relationship the judge enjoyed with the local press during almost the whole of his period in office. The author is at pains to correct what he regards as unjustified criticism of Sir William made in the past, and in that regard, Dr Bennett proves an effective and persuasive apologist. The book does not pretend to be a comprehensive account of the subject's life, in the law or otherwise. a'Beckett's considerable literary output was dealt with by Dr Clifford Pannam in his Sir William's Muse, a short work published in 1992. Dr Bennett's more general study does an excellent job of stimulating our interest in the life of a devoted servant of the law and is a worthy contribution to our understanding of the workings of the very earliest days of Victoria's legal history. - The Australian Law Journal, December 2002 04 01 http://www.federationpress.com.au/images/book/9781862874091.jpg 01 The Federation Press 200112 The Federation Press IP 21 medium medium 02 49.50 9781876067014 03 03 9781876067014 15 9781876067014 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781876067014 1 A01 Richard Harding Harding, Richard Harding 2 A01 R Broadhurst Broadhurst, R Broadhurst 3 A01 Anna Ferrante Ferrante, Anna Ferrante 4 A01 Nina Loh Loh, Nina Loh 156 J 12 JB 12 LX 01 This book is a revised version of the WA 1994 Report on implementation of the recommendations of the Royal Commission into Aboriginal Deaths in Custody. It examines Aboriginal offending and victimisation patterns and draws attention to the very high-recorded crime rates, whether involving other Aborigines or non-Aborigines. Particularly striking are the patterns revealed of Aboriginal violence within the family, against both women and children. It then examines police activity, highlighting such matters such as skewed arrest rates, lesser use of bail and greater use of lock-up custody. 02 This book is a revised version of the WA 1994 Report on implementation of the recommendations of the Royal Commission into Aboriginal Deaths in Custody. 04 Introduction Aboriginal Crime Victims Police Activity and Aborigines Aborigines in the Courts Imprisoned Aborigines Aborigines and Community-based Corrections The Royal Commission into Aboriginal Deaths in Custody and Aboriginal Contact with the Criminal Justice System Conclusions Bibliography/ References 04 01 http://www.federationpress.com.au/images/book/hardingaboriginal.JPG Hawkins Press 01 The Federation Press 199510 The Federation Press IP 20 medium medium 02 27.50 9781862876064 03 03 9781862876064 15 9781862876064 BC NSW Sesquicentenary of Responsible Government http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862876064 A01 Anna Doukakis Doukakis, Anna Doukakis 216 HB 12 J 12 JB 12 LX 01 Doukakis draws upon 60 years of NSW parliamentary debates to investigate early attitudes towards Aborigines, and towards policies and legislation which affected them. She shows that the men elected to the first democratic Parliament in NSW in 1856, and their successors to 1916, held wide-ranging views on Aborigines. Some even actively supported their inclusion in colonial society. Their debates ranged from the right to vote to the provision of blankets, from wages to the settlement of Aborigines. The book shows that no one group of politicians dominated policy or debate. This encouraged an openness which most notably enabled Aboriginal participation in the political process. Some politicians spoke in Parliament on behalf of Aborigines who had approached them with their grievances. This openness, and the book, end in 1916, shortly after the NSW Parliament passed legislation empowering the State to remove Aboriginal children from their parents. By shedding light on the men who made up the NSW Parliament, The Aboriginal People, Parliament and “Protection” in NSW 1856-1916 provides an unusually nuanced picture of parliamentarians and, through them, colonial society. “I see no reason why we should shut them out from the franchise [of voting]. We have despoiled them of their land, and have robbed them of everything but their euphonious names, and I am sure there is not one person in our midst who would deliberately prevent them from exercising the franchise in their native land. I, for one, will not be a party to any proposal of that kind.”Edward William O’Sullivan, Parliamentary Debates, 12 August 1891 A NSW Sesquicentenary of Responsible Government publication. 02 The Aboriginal People, Parliament and 'Protection' in New South Wales, 1856-1916 fills a gap in Australian colonial history. It explores the until now neglected area of early NSW parliamentary debates and policies towards Aborigines. 04 Preface Introduction Overview Indifference Turning Point Protection Marking Time Protection Deepens: Legislation Race Beyond Race Epilogue Postscript Appendix 1: Politicians Appendix 2: Locations BibliographyIndex 07 [This book] draws on 60 years of NSW parliamentary debates to show the attitudes during the period and the policies and legislation that was shaped. It covers a wide range of debates from the right to vote to wages and highlights the diversity of opinion amongst parliamentarians at the time and some issues related to Aboriginal grievances that were raised with them; but they also introduced the legislation that allowed for children to be removed from their parents. This is an interesting, well-researched historical text. - National Indigenous Times, Issue 5, 05 Nov 2006 07 The parliament of the nineteenth century was different from the parliament of today in at least one important aspect: it had the liberal ideal of the independent representative whose primary responsibility was to his constituents. There were parties, of course, but the vicious discipline of the modern political unit was largely absent. It is this aspect which informs two of the four major difficulties which Ms Doukakis has faced and dispatched in this admirable monograph. There was no party line, no published policy on “the Aboriginal question”. Nor, conversely, was there an Aboriginal constituency in the understood sense. The third difficulty is the lack of primary material, and a lack of organisation of what primary material there is. For example, many pages of debate over the fitness of Aborigines for suffrage during an 1891 debate on an electoral bill were not indexed under ‘Aborigines’. All of which informs the final difficulty, indifference. In the popular (white) mind, the Aboriginal “problem” was one which by definition was going away, as ideas of frontier and conquest were replaced by those of the dying race and social Darwinism. … The focus of the book is the parliamentarians, and there is an excellent appendix which shows who spoke when, and from what perspective. The book appears well-referenced, and the debates themselves have been well used… Ms Doukakis does not preach; rather, the book is a sober assessment. - Law Society Journal (NSW), February 2007 07 [A] clearly articulated and well-organised work that will be of interest to anyone seeking a better understanding of the historical context of Aboriginal policy and decision-making in New South Wales. - Anthropological Forum , vol 17(2), July 2007 04 01 http://www.federationpress.com.au/images/book/Doukakis.jpg 01 The Federation Press 20060825 The Federation Press IP 20 medium medium 02 39.95 9780887594151 03 03 9780887594151 15 9780887594151 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9780887594151 1 B01 Julia Bass Bass, Julia Bass 2 B01 W A Bogart Bogart, W A Bogart 3 B01 Frederick Zemans Zemans, Frederick Zemans 278 LX 01 This book is a timely addition to the literature on access to justice. The book's essays address all aspects of the topic, including differing views on the meaning of access to justice; ways to improve access to legal services; litigation and its role in achieving social justice; and the roles of lawyers, citizens, and legal insitutions. Access to Justice for a New Century is based on papers given at an international symposium presented by the Law Society of Upper Canada, sponsored by the Law Foundation of Ontario. 02 This book is a timely addition to the literature on access to justice. The book's essays address all aspects of the topic, including differing views on the meaning of access to justice; ways to improve access to legal services; litigation and its role in achieving social justice; and the roles of lawyers, citizens, and legal insitutions. 04 Introduction W A Bogart, Frederick H Zemans and Julia Bass Access to Justice in Canada Today: Scope, Scale, Ambitions Roderick A Macdonald What is Access to Justice? Constance Backhouse Access to Justice as a Moving Frontier Marc Galanter Speaking the Language of Justice: A New Legal Vernacular Janice Gross Stein and Adam Cook Development of Legal Services Policies in England and Wales 1989 - 2002 Stephen Orchard and Aoife O'Grady Lo, How Sparrow Has Fallen: A Retrospective of the Supreme Court of Canada's Section 35 Jurisprudence Darlene Johnston More Litigation, More Justice? The Limits of Litigation as a Social Justice Strategy Harry Arthurs Access to Justice for the Middle Class Herbert M Kritzer 04 01 http://www.federationpress.com.au/images/book/9780887594151.jpg 01 Irwin Law (Canada) 200501 The Federation Press IP 21 medium medium 02 32.95 9781862874503 03 03 9781862874503 15 9781862874503 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862874503 A01 Larissa Behrendt Behrendt, Larissa Behrendt 208 J 12 YH 12 LX 12 JB 12 HB 12 Y 01 Cover artwork: Women Within by Bronwyn Bancroft - Courtesy Boomalli Aboriginal Artists Cooperative Shortlisted for the Stanner Award 2004. Larissa Behrendt attacks the chasm which has grown between Indigenous lives and aspirations in Australia, and the psychological terra nullius which continues, despite Mabo, to pervade so much of Australia’s mythology and policy. She proposes longer term, aspirational initiatives leading to institutional change that will facilitate greater rights protection and the exercise of self-determination, including: a preamble to the Constitution a treaty the national self-image economic redistribution alternative institutional forms regional framework agreements a more energised politics Constitutional protection. 04 Dedication List of key organisations and people Why Question the Rules? Australians and the first Australians Practical reconciliation or the rights agenda? A belief in substantive equality More than a 'noisy minority' The concept of democracy New approaches to Indigenous rights protection The Myth of Law's Neutrality: Why Formal Equality Doesn't Work Different conceptions of justice Different conceptions of property Different conceptions of equality Nationalism and Identity: Why 'Western' Institutions Don't Work for Everyone The Australian self-image Challenging the Australian self-image Why recognition matters Indigenous Aspirations: The Starting Point for Rights Protection What 'Indigenous sovereignty' and 'self-determination' might mean Deciphering the content of Indigenous sovereignty and self-determination The parameters of Indigenous claims New Strategies, Improved Rights Protection A program for institutional change Indigenous rights and aspirations Some underlying principles Towards Improved Rights Protection: Some First Steps and Some Alternative Futures Towards a new national self-image Towards Constitutional change Towards regional autonomy Some Conclusions Bibliography/ Index 07 Behrendt provides perhaps the clearest articulation we have of what Indigenous Australians want and need – and how it might be achieved. This book will be debated, dissected, applauded and disagreed with in the years to come, and certainly quoted alongside the work of the most influential legal and social commentators in the field. For the moment, it is compulsory reading for anyone working or interested in Indigenous law and policy. … Most of the critical contemporary issues in Indigenous law and policy in Australia are discussed in the book … most of the significant contributions to the debate are interpreted and responded to. Behrendt writes with an honesty and clarity that is sometimes lost in the Indigenous law and policy debate, and offers constructive proposals. - Simon Young, QUT Law Journal, Vol 4 No 1, 2004, 124 07 Draws indigenous issues into the wider discourse about Australia’s moral future. … Behrendt argues that the protection offered to Indigenous Australians by legal and political institutions is too fragile when one government can extend rights and protections, and another can swiftly relinquish them. She argues for a series of symbolic and substantive solutions based on rights and pressing needs like healthcare. The legal political, economic and cultural institutions in this country need to be stirred into a different way of being, one that truly incorporates Indigenous peoples and their voices. Behrendt advocates recognition of Indigenous sovereignty as the first practical step in this process. Achieving Social Justice is another important element of social justice discourse. - Eureka Street, Vol 14(3), April 2004 07 The book traverses fundamental issues from the Indigenous rights agenda … Behrendt is particularly effective in negotiating some of the apparent polarities that underpin Indigenous policy debate such as symbolic recognition versus practical reconciliation (‘rights vs responsibilities’), short-term versus long-term aspirations (the ‘immediate problems’ vs ‘underlying causes’ debate), individual versus communal conceptions of identity, and difference-blind liberalism versus multicultural liberalism. … the book makes one of the most interesting interventions to debates on national identity. … The value of Achieving Social Justice is to clarify the basic principles and pretexts for action and to project a visionary framework for substantial policy reform. An additional pleasure of reading this book is Behrendt’s effortlessly lucid prose style, the readiness with which she makes the complex straightforward. - Eleanor Hogan, Dialogue, Vol 22, March 2003 07 Larissa Behrendt is intelligent, insightful and articulate. … She is one of the rising young stars of the next generation of Australian indigenous leaders … she deserves to be listened to. … her book is so good that it demands to be read. Larissa Behrendt slashes through the attempts to divide Indigenous views into hostile and inconsistent camps. She presents an analysis of Indigenous inequality that requires attention to issues both of rights and of wellbeing. She argues forcefully and convincingly that there can be no rights without wellbeing and no wellbeing without rights. … She brings the two competing views of equality into a practical synthesis to advance both rights and wellbeing for Indigenous people. She cuts through traditional dichotomies to present and advocate a more integrated aproach. For her many of the old divisions and debates are just that, old, and so of little further contemporary use. The focus of her book is the way ahead. - Law Society Journal (NSW), October 2003 07 Behrendt's second book takes the reader on a journey starting with British settlement of Australia and the doctrine of terra nullius travelling through major events that have impacted significantly on indigenous Australians including the Stolen Generation and Mabo and Wik decisions and finishing with some practical suggestions towards recognising and protecting indigenous rights in Australia. What is perhaps most persuasive about this book is that the author (who among other achievements, was the first indigenous Australian to obtain a doctorate from the Harvard Law School) does not suggest that the indigenous rights that should be recognised and protected are anything more than those which other Australians already have. Such rights include health, education and employment. The book concludes that Australian institutions cannot be considered sufficiently democratic if they do not recognise and protect the rights of indigenous people who now make up just over 2 per cent of its population. The author argues why formal equality (ie legal neutrality) does not work when the laws are being applied to a vulnerable minority. Chapter 2 of the book examines how the mandatory sentencing scheme has had a disproportionate impact on indigenous Australians, how the Constitution has been interpreted and discriminately applied against indigenous Australians, and how property laws have been enacted against a background of colonial ideology. Against this, the author concludes that social reform should be shaped by outcome focused liberalism which treats all persons equally yet encourages effective participation to recognise differences. The practical solutions that are suggested in this book recognise that the Australian legal framework cannot change overnight and hence some short term solutions should be implemented (for example the protection of cultural practice and the recognition of customary law) and longer term solutions should be worked towards (for example a treaty and preamble to the Constitution). Overall, this book is extremely readable. - Ethos (Law Society of ACT Newsletter), No 189, September 2003 07 Larissa Behrendt’s Achieving Social Justice is invaluable for the clear and lucid way that it manages to outline the case for constitutional reform (including a treaty and a new preamble) as well as wider institutional change in Aboriginal communities. As an indigenous Australian, she brings a unique perspective to constitutional law. Her resolve to “achieve change through the law” is a good example of how the sovereignty of Crown (and the common law that accompanied it) has been both the agent of oppression and the agent of redemption for Aboriginal people. More than many recent works on contemporary indigenous politics, she explains the importance of history in forming Aboriginal perspectives on native title, a treaty and indigenous rights. She brings a new understanding to demands for indigenous “sovereignty”, explaining why it is not an attempt to create a separate nation but one that seeks a different relationship between Aboriginal people and the state, one that encourages the autonomy of Aboriginal people. She also explains how important symbolic constitutional change can be in achieving practical reform on the ground in Aboriginal communities. Contrary to the current political fashion, the two agendas are not mutually exclusive. Nor has the rights agenda been seen to fail – it has simply not been implemented. - The Bulletin, 2 September 2003 07 A startling back-to-basics appraisal of what it all means and where it may all be going. … Although [Behrendt’s] suggestions are not new, the value of her contribution is the identification in one place, one book, of the most important and pressing concerns for the realisation of a mature Aboriginal and non-aboriginal relationship into the future. … This book will have a special place on the bookshelves of school libraries and in the thinking of young people. - Civil Liberty, September 2003 07 A magnificent synthesis of Indigenous history and insights … Based in profound scholarship yet highly readable and accessible, it deserves the widest possible readership. - Dr William Jonas AM 07 [A] remarkably lucid and readable book. - Prof Ann Curthoys 07 This is a very good book. It should be read by everyone. - Prof Henry Reynolds 07 ... a clear and unambiguous statement of what is wrong with the status quo from an Aboriginal perspective. It helps to define the unfinished business of reconciliation. - Fred Chaney 04 01 http://www.federationpress.com.au/images/book/9781862874503.JPG 01 The Federation Press 20030519 The Federation Press IP 21 medium medium 02 29.95 9781864321371 03 03 9781864321371 15 9781864321371 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781864321371 A01 Eamonn Butler Butler, Eamonn Butler 104 C 12 CV 12 KC 01 Despite his fame, there is still widespread ignorance about the breadth of Adam Smith’s contributions to economics, politics and philosophy. In Adam Smith – A Primer, Eamonn Butler provides an authoritative introduction to the life and work of this ‘founder of economics’. The author examines not only The Wealth of Nations, with its insights on trade and the division of labour, but also less well known works, such as The Theory of Moral Sentiments, the lectures, and the writings on the history of science. Butler therefore provides a comprehensive, but concise, overview of Adam Smith’s intellectual achievements. Whilst earlier writers may have studied economic matters, it is clear that the scope of Smith’s enquiries was remarkable. In relating economic progress to human nature and institutional evolution he provided a completely new understanding of how human society works and was very much a precursor of writers such as Hayek and Popper. Indeed, with poor governance, protectionism and social engineering still commonplace, Smith’s arguments are still highly relevant to policymakers today. Adam Smith – A Primer includes a foreword by Sir Alan Peacock, an introduction by Gavin Kennedy and a commentary by Craig Smith. 02 This authoritative introduction to the life and work of the 'founder of economics' provides a comprehensive, but concise, overview of Adam Smith's intellectual achievements. 04 Why Adam Smith is ImportantSmith's Life and CareerThe Wealth of NationsThe Theory of Moral SentimentsSmith's Lectures and Other WritingsA Digression on the Invisible HandSome of Adam Smith's Famous QuotationsSelect BibliographyCommentary: The Relevance of Adam Smith Today 04 01 http://www.federationpress.com.au/images/book/9781864321371.jpg 01 The Centre for Independent Studies 20080624 The Federation Press IP 21 medium medium 02 19.95 9781552210857 03 03 9781552210857 15 9781552210857 BB http://www.federationpress.com.au/bookstore/book.asp?isbn=9781552210857 B01 Elizabeth Sheehy Sheehy, Elizabeth Sheehy 398 LA 01 The nineteen essays in this volume celebrate the judicial career of Justice Claire L-Heureux-Dubé and consider the unique ways in which her work as a judge of the Supreme Court of Canada enhanced women's legal and social equality in Canada. Written by leading legal scholars, jurists, and social activists, these essays examine Justice L'Heureux-Dubé's substantive contributions to areas of the law including family law, taxation, human rights law, immigration law, and criminal law, as well as examining the ways in which her judgments advanced access to justice and the rights of Aboriginal people, gays and lesbians, and people with disabilities in Canada. Finally, they look at the influence her decisions have had in jurisdictions beyond Canadian borders. As the papers in this collection demonstrate, Justice L'Heureux-Dubé's work--both on the bench and as a public figure--advanced a feminist analysis of law that served to enhance the quality of life for Canadian women. As importantly, they document her approach to judging, which was defined by human compassion and an ability to see and understand the lived reality of people's lives. During her fifteen years on the Supreme Court from 1987 to 2002, Justice L-Heureux-Dubé participated in over six hundred Charter of Rights decisions, many of which were profoundly significant and often controversial. Anyone interested in the enterprise of judging generally and in the history of the Court and its role in Canadian society during these turbulent times will find this book a most important addition to their library. 04 Introductory Materials Foreword Chief Justice Beverley McLachlin Introduction Elizabeth Sheehy Bibliography Tribute Justice Rosalie Silberman Abella The Enterprise of Judging A Feminist View of the Supreme Court from the Anti-Rape Frontline Lee Lakeman The Era of Concealed Underlying Premises Is Over: Justice L'Heureux Dubé's Contribution to Statutory Interpretation Ruth Sullivan Claire L'Heureux-Dubé: Reflections from Down Under Reg Graycar Étre le miroir de son époque: la primauté du droit, la critique égalitaire, et la contribution de Madame la juge L'Heureux-Dubé Natalie Des Rosiers Backlash and the Feminist Judge: The Work of Justice Claire L'Heureux-Dubé Hester Lessard Bars, Breasts, Babies: Justice L'Heureux-Dubé and the Boundaries of Belonging Rebecca Johnson Shaping Substantive Law Contextualizing the Best Interests of the Child: Justice L'Heureux-Dubé's Approach to Child Custody and Access Law Susan B. Boyd Baker revisité : le contrôle judiciare de décisions humanitaires où l'intérêt de l'enfant est en cause Yves Le Bouthillier The Social Phenomenon of Handicapping Ena Chadha Taxing Times at the Supreme Court of Canada: The Contributions of Justice L'Heureux-Dubé to a Better Understanding of the Application of the Charter to the Income Tax System Claire F.L. Young Justice L'Heureux-Dubé and Canadian Sexual Assault Law: Resisting the Privatization of Rape Elizabeth Sheehy and Christine Boyle Committing to Equality Travels With Justice L'Heureux-Dubé: Equality Law Abroad Margot Young Inequalities and the Social Context Mary Jane Mossman Personalizing the Political and Politicizing the Personal: Understanding Justice McClung and his Defenders Sheila McIntyre Outside/In: Lesbian and Gay Issues as a Site of Struggle in the Judgments of Justice Claire L'Heureux-Dubé Shelley A.M. Gavigan Rooms with "Traditional Views": Justice L'Heureux-Dubé and the Expansion of Interpretative Principles Related to Equality in the Context of Indigenous Rights Tracey Lindberg Justice L'Heureux-Dubé: Dimensions of a Quintessential Judicial Leader Justice Corrine Sparks 04 01 http://www.federationpress.com.au/images/book/Adding Feminism.jpg 01 Irwin Law (Canada) 200503 The Federation Press IP 20 medium medium 02 75.00 9781862873681 03 03 9781862873681 15 9781862873681 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862873681 A01 Philip Davenport Davenport, Philip Davenport 2 352 TN 12 L 12 LJ 01 Compulsory rapid adjudication (CRA), also called ‘security of payment’, is revolutionising the construction industry. It enables contractors, large and small, suppliers and consultants to recover disputed payments in weeks instead of months or years, usually at no cost to the claimant. CRA has spread from NSW to Victoria and New Zealand and will commence in Queensland on 1 October 2004. Other Australian States are expected to follow shortly. This expansion together with recent changes to the NSW legislation which have resulted in an exponential increase in adjudications and decided cases on adjudication has necessitated a complete review and rewrite of the first book, Adjudication in the New South Wales Construction Industry. This second edition covers: making payment claims making adjudication applications enforcing payment acting as an adjudicator challenging an adjudicator’s determination NSW, Victoria and New Zealand Acts forms for all steps case law. 02 A manual on compulsory rapid adjudication and security of payment in the construction industry in Australia and New Zealand. 04 Introduction An outline of the Acts Construction contracts Statutory changes to contracts Making a claim Payment schedules Adjudication applications Adjudication response Role and functions of adjudicators Gathering information The adjudicator's determination Third parties Adjudication fees Adjudicator's liability Respondent's obligations after adjudication Enforcement of claimant's rights Setting aside an adjudicator's decision Concurrent proceedings Authorised nominating authorities Appendices Appendix 1 New South Wales Forms Payment claim Payment schedule Notice under s 17(2) Adjudication application Adjudication response Application for adjudication certificate Adjudication certificate Affidavit of debt Notice of intention to suspend work Agreement for private adjudication Claim under section 27(2A) (damages after suspension) Submitting appearance in Supreme Court Victorian Forms: Payment claim Payment schedule Adjudication application Adjudication response Notice of intention to suspend work New Zealand Forms: Payment claim Payment schedule Notice of suspension Notice of adjudication against respondent alone Notice of adjudication against respondent and owner Adjudication claim Adjudication response Appendix 2 - Examples of adjudication determinations New South Wales Victoria New Zealand Table of cases/ Table of statutes/ Index 07 This book aims at providing a clear account of the new statutory adjudication process available to participants in the building industry. … this book is recommended as a sound introduction to an important and innnovative scheme. - Law Institute Journal (Victoria), Special Issue, December 2004 07 Reviews of the 1st edition The changes made by the 1999 Act affect developers, contractors, subcontractors, related professions, manufacturers and suppliers. .. This book describes how to make claims under the Act, how to defend claims and how to adjudicate disputes. The book contains precedents for notices under the Act and for adjudicators. It shows how adjudication affects litigation, arbitration and expert determination and how to challenge an adjudicator’s decision. - Building Construction Materials & Equipment, July/August 2000 07 The book is admirably well ordered and easy to read. … [It] is succinctly written in plain English. The author should be commended on the great amounts of helpful information he has managed to include in 165 pages. … It is wholeheartedly recommended to would-be adjudicators, parties to adjudications and their advisors. - Australian Construction Law Bulletin, Vol 12 No 1 07 An essential reference in the case of a looming building payment dispute and also makes important reading for anyone associated with the NSW building industry. - House and Home, September 2000 07 Guidance is provided for everyone in the construction chain from the developer to the owner of the local hardware store. It is also intended to assist all those who advise them, including architects, accountants and lawyers. - The Earthmover and Civil Contractor, May 2000 04 01 http://www.federationpress.com.au/images/book/DavenportAdjudication2.JPG 01 The Federation Press 200405 The Federation Press IP 21 medium medium 02 69.50 9781862876903 03 03 9781862876903 15 9781862876903 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862876903 A01 Michael Head Head, Michael Head 2 336 L 01 Administrative law is one of the most political and controversial areas of law. It regulates the basic rights of individuals, the public and businesses against the government by ensuring that those individuals and bodies exercising administrative power do so within the law. As a result, administrative law impacts on Australians wherever and whenever their lives are touched by government – in more everyday and local matters such as paying tax, claiming social security or appealing a council planning decision and in those rarer cases of the most personal, national and political importance. Despite its clear interest and importance, administrative law is often approached with foreboding. Full of technicalities and arcane distinctions, administrative law is seen as one of the most dense and difficult areas of law to understand. Michael Head makes administrative law intelligible, intellectually satisfying and even enjoyable. Head reviews administrative law with a keen critical eye to its historical, political, economic, social and governmental context. He argues that unless you know the political controversies, policy arguments, judicial trends and constitutional tensions that lie behind nearly all the major cases, you simply cannot understand how and why the courts have reached their decisions. Written primarily as a student text and cross-referenced to Douglas and Jones's Administrative Law and other leading texts, Michael Head's book combines clear and succinct exposition of legislation, rules and principles; pithy and critical summaries of main cases; and commentary that takes readers beyond the strict legalities to gain a feel for the social fabric, political dynamics, judicial schisms and evolution of the law 02 Michael Head makes administrative law intelligible, intellectually satisfying and even enjoyable. Head reviews administrative law with a keen critical eye to its historical, political, economic, social and governmental context. He argues that unless you know the political controversies, policy arguments, judicial trends and constitutional tensions that lie behind nearly all the major cases, you simply cannot understand how and why the courts have reached their decisions. 04 Introduction: What is Administrative Law? How to Approach Administrative Law The Constitutional and Legal Framework Where to Begin? Non-Judicial Review of Administrative Action Other Avenues of Review: The Ombudsmen, Freedom of Information and the Right to Reasons Delegated Legislation and Statutory Interpretation Introduction to Judicial Review: Jurisdiction, Justiciability and Standing “Simple” Ultra Vires: Decisions Made Beyond Power “Extended” Ultra Vires: Abuse of Power “Extended” Ultra Vires: Refusal to Exercise a Discretion Procedural Fairness (Natural Justice) The Content of the Hearing Rule The Bias Rule, Reasons and Probative Evidence Substantive Fairness? Estoppel: Undertakings Regarding the Future Exercise of Power Status of Unlawful Decisions and Ouster Clauses The Final Hurdle! Judicial Remedies and the ADJR Act An Overview Case Study 1: A Simple Case of Review of Cancellation of Pensions Case Study 2: The Removal of the Kosovar Refugees Table of Cases / Table of Statutes / Index 07 Reviews of 1st edition: A very useful guide that provides an overview of this difficult area of law as a primary guide for the student. Practitioners will also find it an invaluable first point of reference. The book is written in a clear and concise style [which] allows the reader to quickly establish the relevant principles … The book achieves its purpose of making administrative law understandable, accessible and interesting. … For those of us who work in this area of law, Michael Head’s book is an essential addition to the library. - CJ King, Victorian Bar News, Summer 2006 07 Head’s concise text … gives an up-to-date, honest, pithy and accurate account of administrative law in Australia today. … Nine chapters explain in thorough yet comprehensible detail the various areas of judicial review available to parties aggrieved by an administrative decision. - Sarah Keenan, (2006) 26 Qld Lawyer 268 04 01 http://www.federationpress.com.au/images/book/9781862876903.jpg 01 The Federation Press 20080603 The Federation Press IP 21 medium medium 02 59.95 9781862877221 03 03 9781862877221 15 9781862877221 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862877221 A01 Roger Douglas Douglas, Roger Douglas 6 700 L 01 This 6th edition of Douglas and Jones’s Administrative Law provides clarity and a contemporary perspective on administrative law today. In this new 6th edition, Douglas has: Completely updated and revised this edition to provide greater clarity and a contemporary perspective on administrative law Updated commentary on statute law where necessary and completely cross-checked all references to statutes Included extracts from a number of significant new cases which has precipitated the rewriting of commentary in a number of chapters Included commentary ‘foreshadowing’ the Rudd Government’s proposed changes to FOI law Included a new sub-section summarising Human Rights legislation of the ACT and Victoria Up-dated law to August 2008 An overview of the additional case extracts include: Anvil Hill Project Watch Association Inc v Minister for the Environment and Water Resources [2007] FCA Dunn v Australian Crime Commission [2008] FCA Francis v Attorney-General for Queensland [2008] QSC Geelong Community for Good Life Inc v Environment Protection Authority [2008] VSC Hicks v Ruddock [2007] FCA Leghaei v Director-General of Security [2005] FCA Masu Financial Management Pty Ltd v Financial Industry Complaints Service (No 2) [2004] NSWSC McGovern v Ku-Ring-Gai Council [2008] NSWCA McKinnon v Secretary, Department of Treasury [2006] HCA NAIS v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA Shi v Migration Agents Registration Authority [2008] HCA SZFDE v Minister for Immigration and Citizenship [2007] HCA 02 This 6th edition of Douglas and Jones's Administrative Law provides clarity and a contemporary perspective on administrative law today. 04 Issues and Problems in Australian Administrative Law The Rise (and Decline?) of Administrative Law Freedom of Information and Open Government Understanding Decisions: Reasons, Discovery and Evidence Investigating Administrative Activity: Auditor-Generals, Corruption and Whistleblowers Investigating Administrative Conduct: The Ombudsman Administrative Review on the Merits Delegated Legislation The Duty to Act within Powers The Exercise of Discretionary Power The Duty to Act for Proper Purposes and according to Relevant Considerations Duties in Relation to Findings of Fact The Requirement of Reasonableness, and Other Limitations to Administrative Decision-Making The Right to Procedural Fairness – General Principles The Right to be “Heard” The Rule Against Bias Limits to Fairness The Effect of Errors on the Validity of Decisions The Availability of Judicial Review Judicial Remedies Discretion Standing to Seek Judicial Review Index / Table of Cases/ Table of Statutes 04 01 http://www.federationpress.com.au/images/book/9781862877221.jpg 01 The Federation Press 20090227 The Federation Press NP 10 20090227 medium medium 02 125.00 9781552210093 03 03 9781552210093 15 9781552210093 BC Essentials of Canadian Law http://www.federationpress.com.au/bookstore/book.asp?isbn=9781552210093 A01 David Mullan Mullan, David Mullan 585 LJ 12 L 01 Administrative law probably touches citizens in more ways than any other area of law. It is the body of law that ensures that governments (and government officials) deal with citizens in a manner that is both lawful and fair. It governs the myriad of relationships that citizens have with their governments at every turn, from dealings with Revenue Canada, to the application for a municipal building permit. David Mullan is one of Canada's leading scholars in the area of administrative law. His book not only provides a clear overview and analysis of this important field, it also explores the complex issues involved in balancing effective and efficient government with the protection of individual interests and concerns. 04 Part One: Background The research of administrative law Constitutional foundations Part Two: Substantive Review Jurisdiction Jurisdictional wranglings Error of law and error of fact review Abuse of discretion Delegated legislation Part Three: Procedural Fairness The reach of procedural fairness rights Legitimate expectation Procedural protections under the Charter and the various Bills of Rights Statutory procedural codes Consequences of a denial of procedural rights Audi alteram partem (hear the other side) Bias and lack of independence The adjectival or ancillary powers of administrative tribunals Part Four: Remedies General Statutory reform Standing Other methods of judicial scrutiny of administrative action Limits on review Money remedies The Ombudsman Part Five: Administrative Law in the Twenty-First Century The future Glossary/ Table of Cases/ Index 04 01 http://www.federationpress.com.au/images/book/MullanAdminLaw.jpg 01 Irwin Law (Canada) 200102 The Federation Press IP 21 low medium 02 60.00 9781862873841 03 03 9781862873841 15 9781862873841 BC Centre for International and Public Law - Law and Policy Papers http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862873841 32 L 01 This paper is no longer available in hard copy, but it is available as an electronic PDF file. Just order in the usual way and we will email you the file on receipt of payment. Four essays by principal members of the existing tribunals on the proposed changes in the Commonwealth tribunal system, discussing the features of the existing system that could be preserved within the new structure. 02 Four essays by principal members of the existing tribunals on the proposed changes in the Commonwealth tribunal system, discussing the features of the existing system that could be preserved within the new structure. 04 The AAT Experience: Challenges for General Appeals Tribunals by Justice Deirdre O'Connor, President of the Administrative Appeals Tribunal The Migration Review Tribunal and the ART: Building on Existing Best Practices by Susanne Tongue, Principal Member of the Migration Review Tribunal Historial Reflections and Future Directions: Refugee Review Tribunal by Dr Peter Nygh, Acting Principal Member of the Refugee Review Tribunal Refined through Review: Reflections on the Social Security Appeals Tribunal by Margaret Carstairs, Acting Principal Member of the Social Security Appeals Tribunal 01 The Federation Press 200107 The Federation Press IP 20 low medium 02 27.50 9781862874152 03 03 9781862874152 15 9781862874152 BC Centre for International and Public Law - Law and Policy Papers http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862874152 A01 Bettie McNee McNee, Bettie McNee 32 L 01 This paper was first presented as the Sir Richard Blackburn Lecture of the Law Society of the ACT on 15 May 2001 and was given by Bettie McNee, President of the Administrative Review Council. 02 This paper was first presented as the Sir Richard Blackburn Lecture of the Law Society of the ACT on 15 May 2001 and was given by Bettie McNee, President of the Administrative Review Council. 01 The Federation Press 200109 The Federation Press IP 20 low medium 02 27.50 9781862876941 03 03 9781862876941 15 9781862876941 BB http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862876941 A01 Damien J Cremean Cremean, Damien J Cremean 3 560 LB 12 L 12 LJ 01 This previously published work related to Australia and New Zealand. This 3rd edition relates to Australia, New Zealand, Singapore and Hong Kong. It is a comprehensive account of admiralty jurisdiction – law and practice – in all such jurisdictions. Singapore and Hong Kong are major world maritime trade centres. This book deals, in an up to date fashion with the law in important Asian destinations – as well as with the law in Australia and New Zealand. It is easy to read and well set out. Admiralty Jurisdiction will be especially useful to lawyers practising admiralty law and to courts exercising admiralty jurisdiction in Australia, New Zealand, Singapore and Hong Kong. 02 This new 3rd edition of Admiralty Jurisdiction is the foremost study of admiralty jurisdiction in Australia, New Zealand and includes for the first time the major world maritime trade centres Hong Kong and Singapore. 04 Foreword to Third Edition by The Hon Mr Justice David SteelForeword to Second Edition by The Right Hon Sir Ninian Stephen KG, AK, GCMG, GCVO, KBE Foreword to First Edition by Sir Laurence Street AC, KCMG, QC Acknowledgements Preface Table of Cases Table of Statutes Introduction Courts and Jurisdiction Admiralty Claims Practice and Procedure Precedents Appendices Admiralty Act 1988 (Cth) Admiralty Rules (Cth) Admiralty Act 1973 (NZ) High Court Rules (NZ) Part 14 High Court (Admiralty) Jurisdiction Act (Cap 123) (Sing) Rules of Court (Cap 322) (Sing) Order 70 High Court Ordinance (Cap 4) (HK) Rules of the High Court (Cap 4A) (HK) Order 75 Bibliography Index 07 Reviews of previous editions:The book is concise, well written and, as may be expected, well researched. The topics are logically set out and contain a good exposition of the evolution of the law. The comparative enumeration of statutory provisions and case law between Australia and New Zealand helps to comprehend the uniformity of approach adopted by courts in both jurisdictions when dealing with admiralty matters. The book will prove a reliable guide for anyone interested in finding their way through the obscurities of the admiralty jurisdiction. - The Commonwealth Lawyer, Vol 14 No 2, August 2005 07 It is a pleasure to see a new edition of this work. It remains the only comprehensive Australasian work on the subject. It continues to provide a full exposition of the basis and nature of the admiralty jurisdiction in both Australia and New Zealand. Since that jurisdiction in each case is legislatively based, there are significant differences which can make it dangerous to rely on English and other foreign texts. … The new edition retains precedents now revised and updated. The work concludes with an expanded section of appendices, including the Admiralty Act and Rules for both Australia and New Zealand. Overall, I found the book as useful and well written as I did the first edition. It is useful and interesting to compare New Zealand law and practice with that of Australia. As the economies (if not the political systems) of the two countries become closer and they continue to be close trading partners, it will be more and more important for practitioners to be aware of both. I would recommend the book to anyone with a shipping practice or an interest in admiralty law. - Law Institute Journal (Victoria), July 2004 07 Professor Cremean’s text carefully, clearly and authoritatively deals with the complexity of Admiralty law and the peculiarities of its practice and procedure. … As with the first edition, … this edition is an extremely handy practice volume including the full text of the legislation and the rules and the author’s commentary. Some useful precedents are also provided … All commercial lawyers at some stage or another deal with shipping or admiralty. This is a readable and authoritative text. - Victorian Bar News, No 128, Autumn 2004 01 The Federation Press 20080909 The Federation Press IP 21 medium medium 02 225.00 9781843921776 03 03 9781843921776 15 9781843921776 BB http://www.federationpress.com.au/bookstore/book.asp?isbn=9781843921776 1 '' Per-Plof H Wikstrom Wikstrom, Per-Plof H Wikstrom 2 '' David A Butterworth Butterworth, David A Butterworth 286 J 01 This book examines young people’s involvement in crime (including crimes of violence, vandalism, shoplifting, burglary and car crime) as both victims and offenders. Although adolescence is the time when involvement in crime peaks, few previous UK-based studies have attempted to provide a methodical and comprehensive understanding of adolescent offending on a city-wide basis. This book seeks a better understanding of adolescent crime by studying the relationship between individual characteristics (social bonds and morality and self-control) and lifestyles (as defined by delinquent peers, substance use and exposure to risky behaviour settings) and their joint influence on adolescent involvement in crime, against the backdrop of the juveniles’ social context – taking into account family, school and neighbourhood influences. The findings of this study suggest the existence of three main groups of adolescent offenders; propensity induced offenders, life-style dependent offenders and situationally limited offenders, groups of offenders having different causal backgrounds to their crime involvement, and who therefore may warrant different strategies for effective prevention. 04 IntroductionThe Peterborough Youth StudyThe City of Peterborough and its neighbourhoodsInvolvement in crime and substance abuseFamily social positionIndividual characteristics: social situation and dispositionsThe community context: neighbourhoods and schoolsLifestylesYouth routines and involvement in crime: some preliminary findings from the space-time budget studyKey findings and their explanations 04 01 http://www.federationpress.com.au/images/book/9781843921776.JPG 01 Willan Publishing (UK) 2006 The Federation Press IP 21 medium medium 02 99.00 9781862872646 03 03 9781862872646 15 9781862872646 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862872646 1 A01 Terry Carney Carney, Terry Carney 2 A01 David Tait Tait, David Tait 240 J 12 LX 01 During the 1980s, Australia remade its 'adult guardianship' laws that governed people unable to manage their own affairs or property. The reforms embraced UN principles and took a common pattern with reformist North American and European countries - with one key exception. The rest of the world chose courts to administer the laws; Australia created specialist multi-disciplinary tribunals. This book compares the work of guardianship tribunals and courts and argues forcefully that Australia’s adult guardianship experiment in popular justice is a success. Carney and Tait present work on the Australian tribunals in NSW and Victoria and compare them with overseas studies on courts (and the Family Court of Australia). On every measure tribunals outperform courts. They are more inclusive. They pay more attention to social context and functioning, and are better at incorporating the affected person into the hearing, striking an 'alliance' with them. Courts, by contrast, favour alliances with families and the medical profession. Even in areas where courts might be expected to perform better, they are less successful than the tribunals, collecting and testing evidence and avoiding unnecessary intervention. 02 This book compares the work of guardianship tribunals and courts and argues forcefully that Australia’s adult guardianship experiment in popular justice is a success. 04 Introduction: Tribunals and substitute decision-making Popular justice/ Substitute decision-makers/ Responsibilities of guardianship forums/ An empirical focus/ The analysis Historical background Guardianship as protection / Confinement and control/ Reformed guardianship procedures/ Australian reforms/ Conclusions Legislation Introduction/ Institutional framework/ Key participants/ Some key differences between jurisdictions/ Conclusions Popular justice and citizenship Introduction/ Paradoxes of guardianship/ Citizenship and the state / Conclusions The research process Data and methods/ Changes in the research approach/ Some alternative perspectives/ Conclusions Judicial decisions: a statistical profile Introduction/ Data sources for courts and tribunals/ Obtaining and weighing the evidence/ Matching the decision to the need/ Conclusions Narratives of guardianship: Consensus, access or systemic change? Introduction/ Comparison 1: Routine money management/ Comparison 2: Self-harm/ Comparison 3: Sterilisation/ Conclusions The hearing process: Encounters and ceremonies Introduction/ Hearings as encounters/ Hearings as ceremonies/ Court ceremonies/ Conclusions Guardianship outcomes: Changed lifestyles, satisfaction, or disappointment? Introduction/ Outcomes in court systems/ Outcomes in tribunal systems/ Conclusion Structures of justice Introduction/ New South Wales and Victoria: Organisational structures/ Comparison with court systems/ Conclusions Conclusions Introduction/ Court-tribunal comparisons/ The state and popular justice/ Citizenship and the state/ Lessons for judicial reform?/ Conclusion 07 "This work stands as an important contribution to our understanding of the practice of guardianship boards and tribunals. … It] focuses on what it calls "narratives of guardianship", that is how tribunals handle evidence and reach their decisions. ...[It] is instructive, leading the reader to consider issues of both theory and practice. It is considered in its conclusions, which appear well supported and argued … Inclusion in the text of case-study material including matters of money management, self-harm and sterilisation gives it a richness and relevance that will be readily appreciated by guardianship practitioners. This book is essential reading for all involved in substitute decision making." - Journal of Family Studies, Vol 7 No 2, (Oct 2001) 04 01 http://www.federationpress.com.au/images/book/carneytait.jpeg 01 The Federation Press 199712 The Federation Press IP 20 medium medium 02 38.50 9781552210932 03 03 9781552210932 15 9781552210932 BB http://www.federationpress.com.au/bookstore/book.asp?isbn=9781552210932 1 B01 David W Chodikoff Chodikoff, David W Chodikoff 2 B01 James L Horvath Horvath, James L Horvath 736 LJ 12 L 01 The book brings together contributions from 30 writers including distinguished judges, leading academics, and legal and accounting experts dealing with all aspects of tax litigation and substantive tax law. Specific chapters cover a wide variety of topics including: oral and written advocacy expert evidence fundamentals of business valuation statutory interpretation taxation of derivatives indirect tax GST GAAR aboriginal law and much more This book will be of interest to anyone that wants to know more about tax law and/or is interested in practicing the "special art" of tax litigation. Foreword by the Honourable Mr Justice Frank Iacobucci, Supreme Court of Canada. 04 Part One: Advocacy A - Appellate Advocacy How To Write A Persuasive Factum: A Judge's View The Honourable Mr Justice John I Laskin Advocacy In the Federal Court of Appeal The Honourable Mr Justice Marshall E Rothstein Appellate Advocacy: A Practitioner's Viewpoint William I Innes The Role of Ethos, Pathos, and Logos in Tax Appeals Harry Erlichman B - Trial Advocacy An Overview of Planning, Strategy And Tactics of the Trial Process Alan J Lenczner QC and Peter H Griffin Good Trial Practices In the Tax Court of Canada The Honourable Mr Justice Donald G H Bowman Tax Court Litigation: Representing the Taxpayer Clifford L Rand The Good, the Bad And the Ugly: A Crown Perspective On Tax Court Litigation David W Chodikoff Witnesses: Preparing For Court and the Court Experience L Ross Oak Anatomy Of A Tax Prosecution:A Practical Guide Robert Goldstein The Litigation of a Transfer Pricing Case Robert McMechan C - Experts and Business Valuations The Use of Expert Witnesses In Tax Litigation Alan M Schwartz QC and Edward T Yanoshita Reflections On The Expert's Role In the Tax Court of Canada James L Horvath and Steven Hacker The First Time Experience As An Expert:An American Perspective Robert Pardo The Litigious Elements of Business Valuation Howard E Johnson Valuing Computer Software Brands and Other Intellectual Property: Concepts, Complexities and Controversies James L Horvath and Steven Hacker Part Two: Taxation Interest Deductibility, the Reasonable Expectation of Profit Test, and the Supreme Court Of Canada: From Bronfman Trust and Moldowan to Singleton, Ludmer, Stewart and Walls Professor David Duf GAAR And the Supreme Court of Canada: The Road To Nowhere Professor Daniel Sandler Competent Authority As A Dispute Resolution Tool Sandra Goldberg and Gary L Zed Tax Litigation In the New Economy Professor Arthur Cockfield Principles for Assessing Aboriginal Income and Commodity Tax in Canada Milan Legris GST General Principles Blake M Murray and Sean Aylward Challenges For Indirect Tax In the New Economy in Canada: A Prediction of Tax Litigation Issues Jim Vincze and M Craig Robertson Income Taxation Of Derivatives Lara Friedlander and Andrew Auerbach 04 01 http://www.federationpress.com.au/images/book/9781552210932.jpg 01 Irwin Law (Canada) 200410 The Federation Press IP 20 medium medium 02 99.00 9781843920571 03 03 9781843920571 15 9781843920571 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781843920571 1 B01 Shadd Maruna Maruna, Shadd Maruna 2 B01 Russ Immarigeon Immarigeon, Russ Immarigeon 320 J 01 The issue of reintegrating ex-prisoners and ex-offenders into the community has become an increasingly pressing one around the world. In view of the rapid increase in the sheer number of people coming out of prison and their notorious lack of success in post-prison life, former Us Attorney General Janet Reno described ex-offender re-entry as 'one of the most pressing problems we face as a nation'. Yet the issue of offender reintegration and resettlement has not been well served by the criminological literature, and the new policies and programs that have been set up to address the problem are not always grounded in criminological thinking. This book seeks to address the important set of issues involved by bringing together the best of recent thinking and research on the subject of desistance from crime from both the US and the UK, with a distinct focus on how this research might impact on the design and implementation of ex-offender reintegration policy. 04 Part 1: Desistance Theory and Reintegration Practice Ex-offender reintegration: theory and practice Shadd Maruna, Russ Immarigeon and Thomas P LeBel Reintegration and restorative justice: towards a theory and practice of informal social control and support Gordon Bazemore and Carsten Erbe Social capital and offender reintegration: making probation desistance focused Stephen Farrall Part 2: Methodological Considerations Connecting desistance and recidivism: measuring changes in criminality over the lifespan Shawn D Bushway, Robert Brame and Raymond Paternoster Somewhere between persistence and desistance: the intermittency of criminal careers Alex R Piquero Part 3: Applied Research on Desistance Jail or the army: does military service facilitate desistance from crime? Leana Alllen Bouffard and John H Laub To reoffend or not to reoffend? The ambivalence of convicted property offenders Ros Burnett Desistance from crime: is it different for women and girls? Gill McIvor, Cathy Murray and Janet Jamieson Part 4: Desistance-focused Reintegration Research Beating the perpetual incarceration machine: overcoming structural impediments to re-entry Stephen C Richards and Richard S Jones With eyes wide open: formalizing community and social control intervention in offender reintegration programmes Faye S Taxman, Douglas Young and James M Byrne 'Less than the average citizen': stigma, role transition and the civic reintegration of convicted felons Christopher Uggen, Jeff Manza and Angela Behrens Index 04 01 http://www.federationpress.com.au/images/book/MarunaImmarigeon.JPG 01 Willan Publishing (UK) 200403 06 03 9781843920588 BB The Federation Press IP 21 medium medium 02 55.00 9781843920588 03 03 9781843920588 15 9781843920588 BB http://www.federationpress.com.au/bookstore/book.asp?isbn=9781843920588 1 B01 Shadd Maruna Maruna, Shadd Maruna 2 B01 Russ Immarigeon Immarigeon, Russ Immarigeon 320 J 01 The issue of reintegrating ex-prisoners and ex-offenders into the community has become an increasingly pressing one around the world. In view of the rapid increase in the sheer number of people coming out of prison and their notorious lack of success in post-prison life, former Us Attorney General Janet Reno described ex-offender re-entry as 'one of the most pressing problems we face as a nation'. Yet the issue of offender reintegration and resettlement has not been well served by the criminological literature, and the new policies and programs that have been set up to address the problem are not always grounded in criminological thinking. This book seeks to address the important set of issues involved by bringing together the best of recent thinking and research on the subject of desistance from crime from both the US and the UK, with a distinct focus on how this research might impact on the design and implementation of ex-offender reintegration policy. 04 Part 1: Desistance Theory and Reintegration Practice Ex-offender reintegration: theory and practice Shadd Maruna, Russ Immarigeon and Thomas P LeBel Reintegration and restorative justice: towards a theory and practice of informal social control and support Gordon Bazemore and Carsten Erbe Social capital and offender reintegration: making probation desistance focused Stephen Farrall Part 2: Methodological Considerations Connecting desistance and recidivism: measuring changes in criminality over the lifespan Shawn D Bushway, Robert Brame and Raymond Paternoster Somewhere between persistence and desistance: the intermittency of criminal careers Alex R Piquero Part 3: Applied Research on Desistance Jail or the army: does military service facilitate desistance from crime? Leana Alllen Bouffard and John H Laub To reoffend or not to reoffend? The ambivalence of convicted property offenders Ros Burnett Desistance from crime: is it different for women and girls? Gill McIvor, Cathy Murray and Janet Jamieson Part 4: Desistance-focused Reintegration Research Beating the perpetual incarceration machine: overcoming structural impediments to re-entry Stephen C Richards and Richard S Jones With eyes wide open: formalizing community and social control intervention in offender reintegration programmes Faye S Taxman, Douglas Young and James M Byrne 'Less than the average citizen': stigma, role transition and the civic reintegration of convicted felons Christopher Uggen, Jeff Manza and Angela Behrens Index 01 Willan Publishing (UK) 200403 06 03 9781843920571 BC The Federation Press IP 20 medium medium 02 125.00 9781862876934 03 03 9781862876934 15 9781862876934 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862876934 A01 Bradley Bowden Bowden, Bradley Bowden 176 HB 12 KN 01 The history of the United Firefighters Union (UFU) in Queensland is an unusual and inspiring story. In an era of large amalgamated unions it remains a small union, servicing the special needs of firefighters and at a time when only 20 percent of Australian workers belong to a trade union the UFU still commands the loyalty of virtually all Queensland firefighters. While most Australian unions have been in existence since at least the early twentieth century the UFU was only registered in Queensland in 1976. Prior to this date, firefighters belonged to the Australian Workers Union. They only secured their own union after a bitter four-year dispute in Rockhampton that involved the dismissal and eventual reinstatement of that city’s UFU firefighters. If the UFU is an unusual union then firefighters are also atypical unionists. Most of their working lives are spent carrying out routine training drills. But, at any moment, this routine can be interrupted by a ‘call-out’ where they can be exposed to mayhem and traumatic death. Fire fighting demands the highest levels of physical fitness, experience and courage. It also requires the capacity to behave, in all circumstances, as a team member rather than as an individual. While a sense of ‘mateship’ is common in most jobs the dangers inherent in fire fighting create special bonds. Such bonds have created a unique, tightly-knit workforce whose solidarity is reflected in their union. 02 Against All Odds details the long battle, waged against many obstacles, by the Queensland Firefighters for their own union. In an era of large amalgamated unions it remains a small union, servicing the special needs of firefighters. 04 Firefighters and Fire Fighting: An Historical Overview The British traditionBrisbane’s great fire and a system of fire brigadesThe slow march towards professionalism Queensland Firefighters and the AWU, 1917-1962 Joining the ‘fighting’ AWU: early achievement, 1917-1937Disillusionment: the first breakaway attempt, 1937-1951Renewing the battle: the second breakaway attemptUFU Branch established, 1960-1962 Leaving the AWU, 1962-1970 The UFU: a real alternativeMaintaining support, 1967-1968The battle for industrial recognition, 1968-1969Firefighters and officers part ways, 1969-1970 The Rockhampton dispute and state registration, 1970-1976 The situation in RockhamptonThe dismissal of Rockhampton’s UFU firefightersTo the courtsAn old Chev: Rockhampton 1970-1974Industrial gains, 1971-1975Victory in Rockhampton, 1973-1975Registration and final hurdles, 1974-1976 New challenges and old legacies, 1976-1987 New challenges‘We’re still basically amateurs’New divisions and old legaciesReformationAmalgamation Achievement and division, 1987-1996 A new fire service: Better equipped and safer?New wages system, 1987-1991Internal rifts and union restructuring, 1988-1992Final battle with the AWU, 1993-1994Workplace reform and new leaderships, 1994-1996 New directions and challenges, 1996-2008 Transformation of the fire serviceEnterprise bargainingUnion stability and renewal‘A festering sore’: the battle for safe crewingAuxiliary firefightersInternational solidarity and the campaign for firefighter safety Conclusion Appendix A - List of Sacked UFU Firefighters at Rockhampton, 1970-1974Notes on SourcesIndex 04 01 http://www.federationpress.com.au/images/book/9781862876934.jpg 01 The Federation Press 20080930 06 03 9781862876989 BB The Federation Press IP 20 medium medium 02 29.95 9781862876989 03 03 9781862876989 15 9781862876989 BB http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862876989 A01 Bradley Bowden Bowden, Bradley Bowden 176 HB 12 KN 01 The history of the United Firefighters Union (UFU) in Queensland is an unusual and inspiring story. In an era of large amalgamated unions it remains a small union, servicing the special needs of firefighters and at a time when only 20 percent of Australian workers belong to a trade union the UFU still commands the loyalty of virtually all Queensland firefighters. While most Australian unions have been in existence since at least the early twentieth century the UFU was only registered in Queensland in 1976. Prior to this date, firefighters belonged to the Australian Workers Union. They only secured their own union after a bitter four-year dispute in Rockhampton that involved the dismissal and eventual reinstatement of that city’s UFU firefighters. If the UFU is an unusual union then firefighters are also atypical unionists. Most of their working lives are spent carrying out routine training drills. But, at any moment, this routine can be interrupted by a ‘call-out’ where they can be exposed to mayhem and traumatic death. Fire fighting demands the highest levels of physical fitness, experience and courage. It also requires the capacity to behave, in all circumstances, as a team member rather than as an individual. While a sense of ‘mateship’ is common in most jobs the dangers inherent in fire fighting create special bonds. Such bonds have created a unique, tightly-knit workforce whose solidarity is reflected in their union. 02 Against All Odds details the long battle, waged against many obstacles, by the Queensland Firefighters for their own union. In an era of large amalgamated unions it remains a small union, servicing the special needs of firefighters. 04 Firefighters and Fire Fighting: An Historical Overview The British traditionBrisbane’s great fire and a system of fire brigadesThe slow march towards professionalism Queensland Firefighters and the AWU, 1917-1962 Joining the ‘fighting’ AWU: early achievement, 1917-1937Disillusionment: the first breakaway attempt, 1937-1951Renewing the battle: the second breakaway attemptUFU Branch established, 1960-1962 Leaving the AWU, 1962-1970 The UFU: a real alternativeMaintaining support, 1967-1968The battle for industrial recognition, 1968-1969Firefighters and officers part ways, 1969-1970 The Rockhampton dispute and state registration, 1970-1976 The situation in RockhamptonThe dismissal of Rockhampton’s UFU firefightersTo the courtsAn old Chev: Rockhampton 1970-1974Industrial gains, 1971-1975Victory in Rockhampton, 1973-1975Registration and final hurdles, 1974-1976 New challenges and old legacies, 1976-1987 New challenges‘We’re still basically amateurs’New divisions and old legaciesReformationAmalgamation Achievement and division, 1987-1996 A new fire service: Better equipped and safer?New wages system, 1987-1991Internal rifts and union restructuring, 1988-1992Final battle with the AWU, 1993-1994Workplace reform and new leaderships, 1994-1996 New directions and challenges, 1996-2008 Transformation of the fire serviceEnterprise bargainingUnion stability and renewal‘A festering sore’: the battle for safe crewingAuxiliary firefightersInternational solidarity and the campaign for firefighter safety Conclusion Appendix A - List of Sacked UFU Firefighters at Rockhampton, 1970-1974Notes on SourcesIndex 01 The Federation Press 20080930 06 03 9781862876934 BC The Federation Press IP 20 medium medium 02 49.95 9781862876231 03 03 9781862876231 15 9781862876231 BB NSW Sesquicentenary of Responsible Government http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862876231 A01 Rodney Smith Smith, Rodney Smith 248 JP 12 HB 01 The giant Labor and Coalition parties have dominated New South Wales politics since 1910 when the State settled into a two party system. Dominated but not monopolised. Minor parties and Independents have been a consistent presence outside this duopoly. Rodney Smith tells their story. He covers early challengers to the major parties, such as David Storey's Democrats, the sectarian Democratic Party and Protestant Independent Labor Party; the various minor parties sparked by the turbulent politics of the Lang era; post-war parties like the Democratic Labor Party; more recent parties such as the Australian Democrats, Greens, Fred Nile's Christian Democrats and One Nation; and key Independents like Frank Purdue, Douglas Darby, John Hatton, Ted Mack, Clover Moore and Richard Torbay. The book identifies the variety of political and policy ideas advanced by these minor parties and Independents. It traces their electoral activities, examining their campaigns, the way that their electoral chances have been affected by changes to electoral laws and their influence on election outcomes. It looks at their parliamentary influence, particularly in periods such as 1991 to 1995 when Independents held the balance of power in the Legislative Assembly. Finally, it discusses the organisational politics of minor parties and Independent supporter groups. For all their variety, these minor parties and Independents have been united in their opposition to major party machine politics. A NSW Sesquicentenary of Responsible Government publication. 02 The book identifies the variety of political and policy ideas advanced by these minor parties and Independents. It traces their electoral activities, examining their campaigns, the way that their electoral chances have been affected by changes to electoral laws and their influence on election outcomes. 04 Foreword Rodney Cavalier Minor Parties and Independents in New South Wales The Contest over Political Ideas: 1910 to the 1950s The Renaissance of the Independent Idea The Broadening of Minor Party Ideas from the 1950s The Electoral Contest The Parliamentary Contest Organisations and Support Groups Conclusion: Against the Machines Appendix: Electoral Results for Minor Parties and Independents 1910-2005 Interview List Select Bibliography Index 07 ... thoroughly researched, efficiently organised, elegantly written and densely documented. … An Appendix gives comprehensive electoral data, especially for the minor parties. Smith has been remarkably objective in describing the minor parties and Independents and analysing their various roles. He avoids treating them as heroic resisters of ‘big party chauvinism’ and avoids minor party ‘romanticism’ ... - AQ – Australian Quarterly, January-February 2007 04 01 http://www.federationpress.com.au/images/book/Smith AgainstMachines.jpg 01 The Federation Press 20061117 The Federation Press IP 21 medium medium 02 49.95 9781843921523 03 03 9781843921523 15 9781843921523 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781843921523 1 B01 Azrini Wahidin Wahidin, Azrini Wahidin 2 B01 Maureen Cain Cain, Maureen Cain 276 J 01 The relationship between ageing and crime has been a much neglected issue, the focus rather being on youth and crime. This books aims to redress this imbalance, bringing together a group of leading authorities to address key issues on the subject of crime and ageing. It considers older people as both victims and perpetrators of crime, and also examines the conditions faced by older prisoners. The book draws upon both criminology and gerontology, as well as sociology and social policy, to help understand the complex but under-studied relationship that older men and women have with crime. The book seeks to re-theorize both crime and ageing to expose how violence against the aged may be normalized within families and care homes, and draws links with empirical research and the policy making process in relation to the aged as bothvictims and offenders. Effective preventive strategies for both theft and violence in public and private spheres are identified, as well as bespoke programmes for older people in the criminal justice system. Ageing, Crime and Society makes a powerful argument for the concept of age to be added to the more familiar analytic categories of gender, race and class in relation to understanding crime. 04 Ageing, crime and society: an invitation to a criminology Azrini Wahidin and Maureen Cain Rethinking criminology: the case of 'ageing studies' Jason L. Powell and Azrini Wahidin Crime, abuse, and social harm: towards an integrated approach Mike Brogden and Preeti Nijhar Crime and older people: the research agenda Judith Phillips 'As if I just didn't exist' - elder abuse and neglect in nursing homes Thomas Gorgen The realities of elder abuse Gary Fitzgerald Deconstructing distraction burglary: an ageist offence? Stuart Lister and David Wall Reassuring older people in relation to fear of crime Alan Burnett Local responses to elder abuse: building effective prevention strategies Jill Manthorpe Global developments in relation to elder abuse Bridget Penhale 'No problems - old and quiet': imprisonment in later life Azrini Wahidin 'Unregarded age in corners thrown' Debby Jaques Managing the special needs of ageing prisoners in the United States Ron Aday Older offenders and community penalties: a framework for thinking Gaynor Bramhall Towards a better government for older people and the policy implications in the criminal justice system Mervyn Eastman 04 01 http://www.federationpress.com.au/images/book/WahidinCainAgeing.jpg 01 Willan Publishing (UK) 2006 The Federation Press IP 20 medium medium 02 66.00 9789054549802 03 03 9789054549802 15 9789054549802 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9789054549802 1 A01 M J J Kunst Kunst, M J J Kunst 2 A01 S Schweizer Schweizer, S Schweizer 3 A01 S Bogaerts Bogaerts, S Bogaerts 4 A01 L M van der Knaap van der Knaap, L M van der Knaap 60 J 01 On the basis of the Labour Conditions Act of 18 March 1999, employers are obliged to take care of their employees’ safety and health, and to pursue a policy aimed at creating the best possible labour conditions. The prevention of aggression towards employees falls under this obligation. Within the Judicial Penitentiary Service (DJI), aggression and violence among employees seem to occur twice as often as in other sectors. More than a quarter of the employees in penitentiaries contends with intimidation by a colleague and/or executive staff member; approximately 10% of the employees is confronted with unwanted sexual attentions, and a small group of mainly male employees falls victim to physical violence. In this research, the model of Schaufeli and Peeters was used as a theoretical framework. A number of studies shows a correlation between violence at work, job stress, posttraumatic stress disorders, and absenteeism. 02 On the basis of the Labour Conditions Act of 18 March 1999, employers are obliged to take care of their employees’ safety and health, and to pursue a policy aimed at creating the best possible labour conditions. The prevention of aggression towards employees falls under this obligation. 04 Introduction Possible effects of aggression and violence among employees and factors causing it Construction and testing of the hypothetical model The research results The exploratory study Summary and conclusions References 04 01 http://www.federationpress.com.au/images/book/9789054549802.jpg 01 BJU - Boom Juridische uitgevers 20080528 The Federation Press IP 21 low medium 02 39.95 9781862873179 03 03 9781862873179 15 9781862873179 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862873179 1 A01 Wes Obst Obst, Wes Obst 2 A01 Rob Graham Graham, Rob Graham 3 A01 Wayne Binney Binney, Wayne Binney 4 A01 Graham Christie Christie, Graham Christie 368 KM 12 TV 01 Presents an approach to the financial management of agribusiness enterprises that can be used to assist with the financial decision making for these businesses. Practical techniques are discussed in depth to provide the knowledge and skills necessary to complete a business plan for any agribusiness. From an agribusiness perspective, the book covers information management, assessment of business profitability and equity, cash flow management, tax and estate planning, financial analysis, enterprise development and evaluation, finance management and the preparation of a business plan. 02 Presents an approach to the financial management of agribusiness enterprises that can be used to assist with the financial decision making for these businesses. 04 Agribusiness Management: An overview Information Management Financial Record Keeping Cashflow Management Assessment of Business Equity Assessment of Profitability Income Ta