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9781862878150 03 03 9781862878150 15 9781862878150 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862878150 A01 John St James Stewart Buckeridge Buckeridge, John St James Stewart Buckeridge 2 144 TQ 12 TN 12 HP 12 KC 12 RN 01 At the dawn of Europe, an extraordinary Greek philosopher-engineer—biologist named Aristotle strove to develop a code that the good person could live by. Aristotle’s concepts have much resonance with us today. Although there are differences in the way in which we perceive things, basically we all share the same aspirations and needs. This new edition will be of value to the globally-focused engineer and scientist; it includes case studies from both developed and developing nations to help students and practitioners unravel the complexities of ethical practice in the 21st Century. It is testament to the global and indefatigable nature of our scientific community that 2,300 years after Aristotle, we might derive the same conclusions as he did. 02 This new edition is updated for the globally-focused engineer and scientist; it includes case studies from both developed and developing nations to help students and practitioners unravel the complexities of ethical practice in the 21st Century. 04 Morals, ethics and values Morals Moral actions Ethics Professions Engineering and science Values Relativity and ethicsA special case for Indigenous peoplesShared values Morality and conflict Conflict in resource management Resolution of moral conflict Codes of ethics The Hippocratic Oath Engineering ethics The 4 Es Moral theory Aristotle and virtue ethics Egoism Utilitarianism DeontologyContractarian ethics Tragedy of the Commons Existentialism Anti-technology Ethics in practice Case studiesWind farm v parrotThe referenceThe new graduateWest Coast coal Research ethics Scientific fraud Ethics education research Ethical exemplars Galapagos Islands Dimethylmercury or CO2? Iron Gates subdivision Engineering, sustainability and equity Water and equity (Victoria)Water and equity (Spain) Patenting human DNA Epilogue Ethics and realityAppendix (Ethische Ingenieurverantwortung)Selected References Index 07 The 4 E’s introduces engineering students to basic moral concepts and to the idea of a professional ethic. It has a clear, concrete focus and will be useful in helping scientists and engineers to be mindful of the role that values play in making professional judgements and to recognise and manage value conflicts that may arise in professional life. ...This book reflects Prof Buckeridge’s ongoing commitment to ethics education. For students, the book’s greatest merit lies in its both placing the activities of science and engineering in a larger social context and in assigning science a particularity where it is contestable and contested, and where the practice of science is properly subordinated to a broader moral consideration of means and of ends. - Jeff Chapman, from speech given at the launch of the 1st edition at The Royal Society of Victoria 07 The book brings updated Australian and German examples and new topics such as DNA, genetics, animal rights and determining values. “I have included a lot more about how we determine value – both as individuals and as a society,” Professor Buckeridge said. “Although I am confident that the text will be of interest to general readership, it was written primarily for the globally focused engineer and scientist.” Over the past decade, Professor Buckeridge has observed that engineers are becoming more aware of their impact on the world around them. “Along with good design, engineers also know that they have to include environmental and social practice into their plan,” he said. “This ethos is embedded in curriculum, and is enforced through accreditation”. “Engineers must look at a quadruple bottom line, rather than just at economics and design. A project can fail with a good (engineering) design if it doesn’t take ethics, economics and the environment into account.” - RMIT, Book Review of 1st edition 04 01 http://www.federationpress.com.au/images/book/9781862878150.jpg 01 The Federation Press 20110207 The Federation Press NP 10 20110207 medium medium 02 34.95 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 9781862877962 03 03 9781862877962 15 9781862877962 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862877962 1 B01 Tim Bonyhady Bonyhady, Tim Bonyhady 2 B01 Andrew Macintosh Macintosh, Andrew Macintosh 3 B01 Jan McDonald McDonald, Jan McDonald 304 RN 12 LX 01 While climate policy has focused overwhelmingly on the science and on reducing emissions, policy makers are increasingly focused on how to adapt to changes are already “locked in”, changes that will bring significant social economic and environmental impacts. Adaptation will require technological innovation as well as behavioural and attitudinal change. This book covers the legal dimensions of adaptation and addresses challenges across sector interests. It considers whether existing regulatory and governance frameworks are supportive, adaptable or barriers to necessary change. The authors cover the key issues: sea level rise, planning; water security; climate justice; conservation regimes; the role of the courts; insurance; compensation; and the law of disasters. 02 Adapting to the likely impacts of climate change requires technological innovation as well as behavioural and attitudinal change. This book addresses challenges across sector interests and considers whether existing regulatory and governance frameworks are supportive, adaptable or barriers to necessary change. 04 Mapping the legal landscape of climate change adaptation Jan McDonald A theoretical framework for adaptation policy Andrew Macintosh From blueprint to footprint: Climate change and the challenge for planning Anne Leitch, Ben Harman and Marcus B Lane Swimming in the Streets: The Beginnings of Planning for Sea Level Rise Tim Bonyhady How adaptable are our conservation regimes? Jeff Smith Adaptation measures for water security in a changing climate: Policy, planning and law Poh-Ling Tan The role of courts in relation to adaptation to climate change Brian J Preston Adaptation and climate justice Daniel A Farber An insurer’s approach to management of climate risks Sonia Powell Paying the price of adaptation: Compensation for climate change impacts Jan McDonald The law of disasters Tim BonyhadyIndex 04 01 http://www.federationpress.com.au/images/book/9781862877962.jpg 01 The Federation Press 20101021 The Federation Press IP 21 medium medium 02 59.95 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 9781862878044 03 03 9781862878044 15 9781862878044 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862878044 A01 Philip Davenport Davenport, Philip Davenport 3 420 TN 12 L 12 LJ 01 Many in the construction industry, and their professional advisers, remain unaware of the scheme for compulsory rapid adjudication which has now been adopted throughout Australia outside WA and NT. Many contractors and owners are compelled to pay large claims because they have not availed themselves of the protections afforded by the legislation. Philip Davenport’s book explains the scheme, and its detail. Completely rewritten in this third edition, it covers NSW, Queensland, Victoria, South Australia, Tasmania and the ACT. It cites many of the hundreds of judgments interpreting security of payment and adjudication – and is frequently critical. It assists claimants on how to make claims, prepare adjudication applications and enforce payment respondents to defend claims and challenge adjudication determinations; and adjudicators with warnings on pitfalls that adjudicators fall into It also includes references to useful web sites, for example those on which precedents can be downloaded free of charge. In the whole history of construction contracting nothing matches the importance of compulsory rapid adjudication. 02 This third edition is a complete rewrite and covers NSW, Qld, Victoria, SA, Tasmania and the ACT. three new supplements are now available. They are made available by the author, Philip Davenport and may be downloaded free to charge. 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 Issue Estoppel 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 Review Adjudication in Victoria Service Index 07 Reviews of previous editions: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 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/9781862878044.jpg 01 The Federation Press 20100903 The Federation Press IP 21 medium medium 02 89.95 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. 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 07 This is a book which every person interested in current affairs will find of the greatest interest, whether lawyer, politician, journalist or inquisitive reader. I cannot leave this review without complimenting Dr Head, on the depth of original and up to date discussion contained in the second edition, following so soon after the first. - BJM, Law Letter, Journal of Law Society of Tasmania, Spring 2008 - Issue 101 07 It is written in a clear and concise manner that makes it very readable. the facts of cases and other events are well explained, so that those who might lack a background understanding of cases or events will not be disadvantaged. - (200) 16 AJ Admin L 173 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 Professor Douglas 6 976 L 01 This 6th edition of Douglas and Jones’s Administrative Law provides clarity and a contemporary perspective on administrative law today. A detailed Table of Contents is outlined below. 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 07 The book is essentially a students' book of cases and materials. However it is also useful to the practitioner who does not deal with problems in administrative law on a regular basis ... The book is a good introduction to the subject and would enable a student to obtain a good basic understanding would enable the practitioner in the feild to obtain a lead into what he or she wuold have to master to deal with the problem in administrative law that has recently landed on the desk. - (2009) 83 ALJ 774 07 the book provides a comprehensive coverage of administrative law for students and legal practitioners, particularly with its commentary and extracts from case law and legislation and the Notes and Questions sprinkled throughout the text. It would be a useful addition to any law library. - Australian Law Librarian, Vol 18 No 1, 2010 07 ...I can thoroughly recommend this work. It is well-written, well set out, up to date, and it gives comprehensive coverage of the subject. It is well worth the purchase. It is prepared and written by an obvious expert. - Damien J Cremean, Law Institute Journal of Victoria, October 2009 07 This edition introduces new excerpts from recent High Court, Federal Court and Supreme Court decisions and a section on human rights legislation in the ACT and Victoria. Even in areas where there has been no significant development in case law or legislation since the last edition, commentary has been updated to include references to recent articles and reports. The text not only states the existing law, but also foreshadows the possible future directions of development. Extracts from Australian Law Reform Commission and Administrative Review Council reports are provided, reviews and inquiries in relation to law reform are referred to and the impact of human rights legislation in the United Kingdom is noted as indicating a possible catalyst for similar developments here. The law is current to 1 November 2008. - Ethos, ACT Law Society Journal, June 2009 04 01 http://www.federationpress.com.au/images/book/9781862877221.jpg 01 The Federation Press 20090202 The Federation Press IP 21 high 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. See below for Practice Notes - 18 December 2008. 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 07 This is a workmanlike book and would be of regular assistance to a practitioner in the field. - (2009) 83 ALJ 774 01 The Federation Press 20080909 The Federation Press IP 21 medium medium 02 225.00 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 9781862877443 03 03 9781862877443 15 9781862877443 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862877443 A01 Hugh M Selby Selby, Hugh M Selby 216 LA 12 L 01 Persuasive questioning and argument in our courts and tribunals need skills in case preparation and techniques of presentation. Those skills and techniques are gained by a combination of understanding and practice. This book explains the ‘what’, the ‘why’ and the ‘how’ of basic skills and techniques. The reader is then ready to practice. Knowing the needs and wants of the audience, identifying the links among legal concepts, facts and witnesses, are at the heart of case preparation. That knowledge guides the content and tone of both argument and opening address. Of course the advocate must also be able to ask questions that both bring out the evidence in an acceptable manner and keep the right level of control over each witness. Advocacy is a skill that can always be improved, whether the practitioner is renowned or a novice. This is a book for the new comer, an explanation and illustration of the essential first steps along the road to renown. 02 Persuasive questioning and argument in courts and tribunals need skills in case preparation and techniques of presentation – skills that can always be improved, whether the practitioner is renowned or a novice. This book explains the ‘what’, the ‘why’ and the ‘how’ of basic advocacy skills and techniques using four realistic scenarios to illustrate the use of the techniques in practice. 04 Knowing the Audience and Planning the Case Just another shoplifting case Knowing your audience Developing your law and fact case ‘step by step’ Mastery of both sides of the case: good facts, bad facts, and priorities Illustrative cases and a procedural template What is your Game Plan? Developing a plan The tenant’s game plan The renovation game plan The shopper’s game plan Mastering the Facts The nature of the interview The scene A report from an expert Do not ask ‘Did you do it?’, but… Setting an agenda of topics for the interview Types of questions Asking open questions Demonstrative aids Argument Argument Interlocutory applications procedure Argument for a plea-in-mitigation Closing address The Advocate as Conductor Painting the picture What is my position in court? Where do I look? Masking my anxiety? What do I call people in court? Opening statements AgendasHow to use the circles method for an agenda and questioning Questioning my witnesses Using a written statementEstablishing a base point Explaining distancesDescribing the lightingExplaining time Describing a person The Performing Witness Preparing the witness Giving evidence To Do or Not to Do Should I cross-examine? How do I cross-examine?Exploit your nice sideThe importance of gate-closingAvoid being argumentativeInquisitiveness invites disasterExploiting the failure to explainPotting The too-talkative witness Leading questions The rule of fairness Making and responding to objections Impeachment Credibility matters Hearsay An Advocacy Dictionary Index 07 ...Expect an insightful introduction to the practice and principles of good advocacy from a well-published academic. The beginner advocate (like me) will find some very useful ways of understanding some of the rules of evidence and a solid grounding in how to properly prepare a case for trial. Selby provides tips about some of nuances of advocacy, such as ways of effectively having a witness describe lighting and dealing with one's own anxiety. He also offers the reader the use of mind-mapping (or circles method) and shows how this method can be applied through all stages of preparation for trial.This fairly short book is littered with practical examples and is thus quite easy to digest. I can recommend it as a useful reference tool. - ACT Law Society Newsletter, Ethos, March 2010 04 01 http://www.federationpress.com.au/images/book/9781862877443.jpg 01 The Federation Press 20090708 The Federation Press IP 21 medium medium 02 59.95 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 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 07 Although politics in New South Wales has been dominated by the two-party system since 1910, minor parties and independents have always played a role in the Parliament and political life of the state. This study traces their electoral activities and parliamentary influence...There is useful appendix, which includes electoral results for minor parties and independents 1910-2005. - Australian Historical Studies, 39, March 2008 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 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 Stefan Bogaerts Bogaerts, Stefan 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 Tax Management Succession and Estate Planning Financial Analysis Developing a New Enterprise Budgeting for Change Finance Management Business Planning References/ Index 04 01 http://www.federationpress.com.au/images/book/Obst.jpg 01 The Federation Press 199907 The Federation Press IP 21 medium medium 02 38.50 9781864321159 03 03 9781864321159 15 9781864321159 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781864321159 A01 Roger Bate Bate, Roger Bate 202 R 12 RN 12 KM 12 RP 01 Water shortages are primarily due to mismanagement of water resources. And mismanagement, especially in agriculture, is largely the fault of centralised control by government officials. Water is often underpriced, leading to wastage and poor conservation. Even on the rare occasions when government planners have priced water to near-efficient levels they have been incapable of tracking changing demand, leaving hundreds of millions of people without access to clean water. There are typically no financial or political incentives for governments or other providers to introduce supplies for the poor nor are there incentives to reduce wasteful usage by powerful political interests. Conventional public goods arguments have inadvertently provided a rationale for governments to manipulate this resource, which it typically has a monopoly over, for its own political ends. Roger Bate argues that water markets in which individuals (or corporations and municipalities) trade their entitlements to water, introduce flexibility, reduce waste, allow fairer distribution, more rational development of new resources, and therefore smaller environmental impacts. 02 Roger Bate argues that water markets in which individuals (or corporations and municipalities) trade their entitlements to water, introduce flexibility, reduce waste, allow fairer distribution, more rational development of new resources, and therefore smaller environmental impacts. 04 All the Water in the World The Problem of Supply Managing Allocation Towards Better Water Trading Schemes Assessment of Markets Emerging Markets? Endnotes Appendix Glossary Bibliography Index 04 01 http://www.federationpress.com.au/images/book/9781864321159.jpg 01 The Centre for Independent Studies 200608 The Federation Press IP 21 medium medium 02 29.95 9781862877085 03 03 9781862877085 15 9781862877085 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862877085 B01 Rosemary Kennedy Kennedy, Rosemary Kennedy 272 MM 12 MB 12 VF 01 This book targets a wide range of allied health professions. The list, while not exhaustive, embraces occupational therapy, podiatry, Chinese medicine, complementary medicine, nuclear medicine, speech pathology, radiography, physiotherapy, psychology, osteopathy, chiropractic care and optometry. The authors explain the legal context in which these professions function, the various forms of legal regulation which apply to them, their legal liabilities, and legal imperatives which bear upon their practice. Also included is commentary on the limits and ambiguities of law in relation to allied health activity, the interaction between law and professional ethics, and some significant legal challenges in normal professional life. Allied Health Professionals and the Law expands the legal knowledge of allied health readers whether they are practitioners seeking to understand the legal aspects of their work or researchers engaged in analysis of professional matters which have legal dimensions and implications. 02 This book covers the regulatory context of health care and health practitioners in Australia, legally accountable service delivery, adverse events and legal challenges of professional life, and it includes a wide range of professional and jurisdictional case illustrations. 04 Part 1 - Law and the Context of Practice Introduction Rosemary Kennedy The Australian legal system Allied health professions, professionalism, ethics and law Cameron Stewart The health service delivery context Peter McFarlane Occupational regulation of health practitioners in Australia Anne-Louise Carlton Part 2 - Accountable Service Delivery and the Law Decision-making and consent Clare Delany Confidentiality, privacy and health information management Marilyn McMahon Intervention methods and processes Michael Weir Part 3 - Adverse Service Delivery and the Law Legal risks of unprofessional behaviour Beth Wilson Reporting own and other’s conduct Cameron Stewart Part 4 - Law and Professional Life Working for others or as a private practitioner? Trevor Goddard and Marina Ciccarelli Writing reports and giving evidence in court Andrew Day Maintaining professional competence Joshua Burns Index 07 the authors have contributed an eminently readable, informative and intensely practical collection of essays on various relevant topics within their disciplines, and in doing so will surely earn the gratitude of health professionals in giving them considerable access to legal matters of practical importance which might otherwise be difficult to 'track down'. Great effort and research have combined to produce a handy reference work which is likely to become an enduring byword for accuracy and easy accessibility. - Australian Psychological Society, September 2009 07 ...you will find it is a useful summary of the law as it applies in this area with recent cases and legislation referenced throughout. As an allied health professional, seeking to increase your awareness of legal liability, then this is an easy to read and insightful book containing a comprehensive summary. It fills a gap in the area of medical and health law books by concentrating on allied and complementary health professionals. - Law Society of Tasmania, Law Letter, Issue 103, Autumn 2009 07 Experts in health and medical law have contributed chapters to this important volume which provides a good overview for practitioners in the area. It deals with the Australian legal system and its relationship with health and medical law, ethics and the regulation of health and allied health practitioners in Australia... Practical advice is also given on legal procedures such as compliance with subpoenas. Health practitioners need to carefully balance compliance with the law with patients’ rights to doctor-patient confidentiality. This balancing act is canvassed in this book. As this book is intended for nationwide use, information and references to relevant legislation are provided for each jurisdiction, although not in detail. As a resource of limited size, issues are only touched on and practitioners should use this book as a starting point for further, more detailed, research. - Law Institute Journal of Victoria, June 2009 04 01 http://www.federationpress.com.au/images/book/9781862877085.jpg 01 The Federation Press 20081204 The Federation Press IP 21 medium medium 02 59.95 9781862875234 03 03 9781862875234 15 9781862875234 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862875234 B01 Tania Sourdin Sourdin, Tania Sourdin 153 L 01 Alternative Dispute Resolution and the Courts is a special issue (Volume 22 No 1 ) of the journal Law in Context. The contents are listed below. You can read the abstract for each chapter by clicking on its title. You can purchase a single copy of this issue through this page, or subscribe to the journal from the journal page. 04 Introduction Tania SourdinMediation on Trial: Ten verdicts on Court-Related ADR Nadja AlexanderWhat's the Issue? Judicial Dispute Resolution in Canada The Hon Hugh F Landerkin, QC and Andrew J PirieFacilitative Judging Tania SourdinIn and Out the Bramble Bush: ADR in Queensland Courts and Legislation Laurence BoulleCourt Referral to ADR: The Legal Framework in Australia Kathy MackNew worlds of Dispute Resolution: Information Technology, Conflict and its Resolution David Syme 04 01 http://www.federationpress.com.au/images/book/Sourdin, Alternative Dispute.jpg 01 The Federation Press 20041221 The Federation Press IP 20 medium medium 02 33.00 9781862877900 03 03 9781862877900 15 9781862877900 BB http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862877900 A01 John Tarrant Tarrant, John Tarrant 236 L 01 The power of judges to amend final judgments and orders based on the inherent power of the courts and what is known as the slip rule is well established. What is uncertain is the limits of the jurisdiction to amend final judgments and orders. The scope of the slip rule in particular has expanded significantly in Australia in recent decades resulting in more cases in this area including a number of cases before the High Court of Australia. The book examines the inherent power to amend judgments and orders and the history of the slip rule. The issue of the coexistence of the power to amend judgments and orders and statutory deadlines is examined in detail as this issue remains the most controversial. There are a number of discretionary factors that courts consider when determining whether or not to amend final judgments and orders and these are examined together with a number of practical issues that arise in relation to amending judgments and orders. "The question of whether a court has power to alter a final judgment it has given to correct a mistake or oversight, or should exercise that power if it exists, arises frequently in the Australian courts. In the national court system as a whole, it would be a rare working day on which it did not arise somewhere at least once...This book fills a gap in the legal literature by collecting relevant English and Australian authorities on this topic, organising them systematically, and digesting and discussing them. The manner of its division into chapters and headings is an important part of the text, because it is the chapters and headings that impose a comprehensible conceptual structure on the subject... The tracing of the historical development of the law, within a particular chapter or heading, can help identify those cases that can no longer be relied on, and the areas of present uncertainty or development...I welcome the publication of the book. It will be a useful working tool for practitioners and the courts." Taken from the Foreword by J C Campbell, Judges’ Chambers, Court of Appeal, Queens Square, Sydney. 02 A practitioner book on the law on amendments to judgments and orders obtained from all Australian courts and tribunals. The book explores the scope of the power of judges to amend final judgments and orders. The main focus of the book is the inherent power of the court and the power available under the slip rule. 04 Foreword by the Hon Justice J C CampbellTable of Cases/ Table of StatutesJurisdiction to Correct Errors History of the Slip Rule Errors, Slips and Omissions Orders Capable of Being Corrected Statutory Deadlines Discretionary Considerations Practical Issues Future Developments and Conclusion Index 07 This book is an extremely detailed exposition of the slip rule which will be extremely useful to those who have to argue or decide borderline cases where errors have been made in the recording of court orders. - Australian Law Journal, (2010) 84 ALJ 731 04 01 http://www.federationpress.com.au/images/book/9781862877900.jpg 01 The Federation Press 20100518 The Federation Press IP 21 medium medium 02 125.00 9781876067069 03 03 9781876067069 15 9781876067069 BC Institute of Criminology, Sydney, Monograph Series http://www.federationpress.com.au/bookstore/book.asp?isbn=9781876067069 A01 Bron McKillop McKillop, Bron McKillop 112 J 12 LX 01 The book provides a first hand account of the processing of a murder case through the French criminal justice system from the initial police investigation through to the compilation of the dossier, the hearing and the appeal, and the press coverage of the case. The study provides an effective comparison between ‘adversarial’ and ‘inquisitorial’ processes and will be valuable for anyone with an interest in comparative law, criminal process and legal systems. 02 A first hand account of the processing of a murder case through the French criminal justice system from the initial police investigation through to the compilation of the dossier, the hearing and the appeal, and the press coverage of the case. 04 Introduction The facts of the case The investigation By the gendarmerie/ By the investigating judge (juge d’instruction) The dossier The committal for hearing The hearing The jury panel/ Selection of the jury, call-over of witnesses, and reading of the committal judgment/ Interrogation of the accused and the witnesses/ The addresses/ The judgment/ The civil claims / The record of the hearing The relation between the dossier (as the record of the investigation) and the hearing Statements/evidence by lay people/ Records/evidence by the gendarmerie and the police/ Reports/evidence by the experts Perspectives on the case from the lawyers involved The investigating judge/ The prosecutor/ The lawyer for the accused/ The lawyer for the civil parties The accused’s perspective on the case The investigation by the gendarmerie/ The investigation by the investigating judge/ The role of the accused’s lawyers in the investigation/ The investigation overall/ The President of the cour d’assises/ The prosecutor/ The lawyer for the civil parties/ The accused’s lawyer at the hearing / The sentence/ The civil parties/ Psychiatric and psychologic expertise The treatment of the hearing by the press Appeal to the cour de cassation Comments on the case from a common law perspective The relative importance of the investigation/ The centrality of the dossier/ Control of the investigation by legal professionals/ The garde à vue/ Re-enactment and confrontation/ Official experts/ Civil parties/ The position of the accused/ The personnalité of the accused / The absence of a requirement to plead Conclusion Appendix/ Index 04 01 http://www.federationpress.com.au/images/book/mckillop.jpeg Hawkins Press 01 The Federation Press 199711 The Federation Press IP 20 medium medium 02 32.94 9781862876859 03 03 9781862876859 15 9781862876859 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862876859 1 B01 Andrew Day Day, Andrew Day 2 B01 Martin Nakata Nakata, Martin Nakata 3 B01 Kevin Howells Howells, Kevin Howells 298 JC 12 LX 12 J 12 JB 01 This book is for social work and criminal justice practitioners who wish to develop culturally appropriate and effective programs for reducing anger-related violence perpetrated by Indigenous men. It places cultural context at the heart of any intervention, broadening the focus from problematic behaviour to a more holistic notion of well-being. The book is structured in three parts. Part 1 explores Indigenous perspectives on anger and violence, on both sociological and psychological levels. The different views presented show there is no single “cause” but provide contexts for understanding an individual’s anger. Part 2 outlines methodologies and processes for collecting meaningful data on anger and Indigenous men. Part 3 presents ideas for developing and delivering anger management programs that meet the needs of Indigenous men: how to adapt existing programs in culturally appropriate ways specific needs of the staff delivering the programs a pedagogical framework and sample session plans, and future directions for program development and evaluation The contributors include psychologists, counsellors, educationalists and academics from both Indigenous and non-Indigenous backgrounds. 02 Anger and Indigenous Men is for social work and criminal justice practitioners who wish to develop culturally appropriate and effective programs for reducing anger-related violence perpetrated by Indigenous men. 04 Part One: Rationale Psychological treatments for rehabilitating offenders Andrew Day and Kevin Howells The treatment of anger in offenders Kevin Howells Indigenous service providers’ perspectives on anger programs Peter Mals, Kevin Howells, Andrew Day and Guy Hall Indigenous anger and the criminogenic effects of the criminal justice system Chris Cunneen Exploring issues of wellbeing for Indigenous men Jason De Santolo Indigenous trauma, grief and loss Ruth McCausland A loss and grief model in practice Rosemary Wanganeen Part Two: Research and Development The significance of context: Stories from South Australia Andrew Day, Linda Davey, Rosemary Wanganeen, Kevin Howells, Jason De Santolo and Martin Nakata Beneath the surface of anger: understanding the context of Indigenous men’s anger Martin Nakata, Andrew Day, Kevin Howells, Rosemary Wanganeen, Ruth McCausland, Jason De Santolo, Vicky Nakata and Taloi Havini Anger and trauma in prison: A comparative study Andrew Day, Linda Davey, Rosemary Wanganeen, Sharon Casey, Kevin Howells and Martin Nakata New media innovation: A developing tool for research into Indigenous men’s experiences and expressions of anger Jason De Santolo Reflections on methodology and process: A non-Indigenous perspective Linda Davey and Andrew Day Part Three: Programming The Koori Cognitive Skills program redevelopment project: Findings and implications for other Indigenous offender rehabilitation programs Robin Jones and Graham Atkinson Implications for the delivery of anger management programs Andrew Day, Martin Nakata and project team The needs of Indigenous criminal justice workers Andrew Day, Glen Giles, Brian Marshall and Von Sanderson An Anger Intervention Model: A pedagogical design for Indigenous men in community settings Martin Nakata and Vicki Nakata Some conclusions Andrew Day Addendum: Sample Anger Management Exercises and Session Plan Paige Johnston and Andrew Day References 04 01 http://www.federationpress.com.au/images/book/9781862876859.jpg 01 The Federation Press 20080708 The Federation Press IP 21 medium medium 02 49.95 9781862877191 03 03 9781862877191 15 9781862877191 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862877191 1 B01 Peter Sankoff Sankoff, Peter Sankoff 2 B01 Steven White White, Steven White 432 LA 12 LX 12 RN 01 The original laws protecting animals from human mistreatment arose from community concern in the 19th century, and today community expectations are even higher. Most Australians and New Zealanders assume that their animal welfare laws still provide sufficient protection for animals, that cruelty is the exception and that, when exposed, the perpetrators are prosecuted. They are wrong on all counts. This book is a scholarly examination of the legal relationship between humans and animals in Australia and New Zealand. It asks whether existing laws really do protect animals, and, where the law comes up short, how it could be improved. The questions explored go beyond animal welfare and challenge the reader to think about the nature of legal interests, and practical and ethical contexts for a range of laws. Australian, New Zealand and international academics and practitioners cover topics ranging from core concepts and theoretical questions around “animal welfare” and law, to specific matters of concern: animal cruelty sentencing, live animal export, recreational hunting, and commercial uses of animals in farming and research. Sue Kedgley, launched Animal Law in New Zealand on 19th March 2009 with over 100 people in attendance. The launch page enables you to watch edited videos of the four speeches, read a blog of the proceeding, and see some pictures. Visit the page at: http://www.lawstaff.auckland.ac.nz:16080/~sankoff/Site/Home_Page.html 02 This book is a scholarly examination of the legal relationship between humans and animals in Australia and New Zealand. It asks whether existing laws really do protect animals, and, where the law comes up short, how it could be improved. 04 Introduction Peter Sankoff and Steven White Part I: Core Concepts in Animal Law The Welfare Paradigm: Making the World a Better Place for Animals? Peter Sankoff Farm Animals and Welfare Law: An Unhappy Union Katrina Sharman Companion Animals: Valuation and Treatment in Human Society Lesley-Anne Petrie Part II: Jurisprudential Challenges in Animal Law Exploring Different Philosophical Approaches to Animal Protection in Law Steven White Australasian Animal Protection Laws and the Challenge of Equal Consideration Siobhan O’Sullivan The Use and Misuse of ‘Rights Talk’ by the Animal Rights Movement Deidre Bourke Part III: Animal Welfare in Australasia - Specific Challenges for the Region Live Export of Farm Animals Malcolm Caulfield Animal Welfare Codes and Regulations – The Devil in Disguise? Arnja Dale Scientific Experimentation on Animals: Are Australia and New Zealand Implementing the 3Rs? Paula Gerber Animals in the Wild, Animal Welfare and the Law Steven White Recreational Hunting – Regulation and Animal Welfare Concerns Dominique Thiriet Animal Cruelty Sentencing in Australia and New Zealand Annabel Markham Part IV: Looking Abroad and into the Future European and International Legislation: A Way Forward for the Protection of Farm Animals? Peter Stevenson Animals, Ethics and International Law Alexander Gillespie Collaborative Advocacy: Framing the Interests of Animals as a Social Justice Concern Elizabeth Ellis Animal Welfare in a Federal System: A Federal Politician’s Perspective Andrew Bartlett Animal Law: A Subject In Search of Scholarship Peter Sankoff Table of CasesTable of StatutesIndex 07 This compilation is the first major Australasian textbook to be released in the burgeoning field of animal law ... it presents the substantive law one would expect of a textbook ... the contributors include academics in law, science and politics, practising lawyers, inhouse counsel for animal protection organisations and a politician. Between them they cover issues practical and theoretical, local and international, and canvass the legal regulation (or more accurately deregulation) of cruelty across a range of sectors, such as farming, science and sport. ... This book will doubtless provoke further debate and critical analysis as public consciousness of the plight of animals increases. - David Glasgow, Secretary, Lawyers for Animals Inc., LIJ May 2010 07 The book is compelling reading for anyone with a strong interest in animal welfare, but is also a commendable read for students of jurisprudence, and those interested in a broader understanding of the concept of the law and the way in which legal regulation can promote social good. - NZ Lawer, June 2010 07 Animal Law in Australasia is a comprehensive effort with 17 chapters by 15 contributors. Despite the number of authors there is a consistency of style throughout that is testimony to the efforts of the editors. It is refreshing, then, to see a book such as this - scholarly in approach but accessible in style - refining the quality of discourse and framing, as the subtitle proposes, a new dialogue. - Auckland University Law Review, September 2009 07 Animal Law in Australasia is a highly informative and well researched text on the current Australian and New Zealand law regulating the interaction between humans and animals. It is an ideal reference as it provides extensive footnotes, a case table, a legislation table and a detailed index. It would be of general interest to anyone intersted in the field of animal law, and animal protection law more specifically, but readers without legal training may find certain sections less accessible...this first edition does an excellent job of examining a broad range of legal issues in relation to animals and provides an invaluable resource. - Rural Society Journal, Vol 19 Issue 3, 2009 07 For the sake of the hundreds of millions of animals that suffer incalculably in Australia and New Zealand each year, hopefully this book will serve as a catalyst for positive change. The book is a heavy and often dispiriting real, but its underlying message is an optimistic one. By drawing upon the best principles of justice and compassion that underlie liberal democracy, Animal Law in Australasia shines a beacon of light for our legislators and judges to follow if they are brave enough to withstand the sheer power of the opposing force. - Deakin Law Review, Volume 14 No 1, 2009 07 ...for those interested in the area who would like to find out more about the opinions of practitioners, academics and other leaders inthis field, it is a book worth exploring. - Law Society Journal of NSW, August 2009 07 A change is finally in the air for nonhumans ...for anyone involved in the legal side of animal welfare and rights, this book will provide a scholarly review of what's going down in the southern hemisphere. - Vegan Voice, No 38 June-August 2009 07 This book is a scholarly examination of the legal relationship between humans and animals in Australai and New Zealand...The questions explored go beyond animal welfare and challenge the reader to think about the nature of legal interests, and practical and ethical contexts for a range of laws. - Law Society of South Australia, June 2009 04 01 http://www.federationpress.com.au/images/book/9781862877191.jpg 01 The Federation Press 20090204 The Federation Press IP 21 medium medium 02 69.90 9781862877924 03 03 9781862877924 15 9781862877924 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862877924 1 A02 Allan Anforth Anforth, Allan Anforth 2 A01 John Oman Ballard Ballard, John Oman Ballard 3 A01 Peter Sutherland Sutherland, Peter Sutherland 9 944 L 01 The 9th edition of this well known reference book provides the full text of the Act and comprehensive annotations, organised on a section by section basis, covering all significant decisions of the High Court, the Federal Court and the Administrative Appeals Tribunal. The book includes a list of all instruments gazetted under the Act or entered in the Register of Legislative Instruments, and consideration of military compensation arrangements under the Act, Defence Determination 2000/1 and the Military Rehabilitation and Compensation Act 2004. Canberra barrister Allan Anforth contributes an expanded Practitioner’s Guide aimed at claimants under the Act and their advocates. For information on the electronic version of this book on CD, please contact SoftLaw Community Projects at email: scp@softlaw.org.au 02 This 9th edition is an indispensable reference for all those closely involved in advising and dealing with the compensation and rehabilitation of employees covered by the Commonwealth Safety, Rehabilitation and Compensation Act 1988. 04 Editorial Contributions ContributorsAcknowledgmentsCurrency of Legislation and AnnotationsKey to Case CitationAbbreviations and AcronymsList of Tables Table of Cases Table of Statutes Introduction Safety, Rehabilitation and Compensation Act 1988 TABLE OF PROVISIONSPart I - Preliminary Part II - Compensation Part III - Rehabilitation Part IV - Liabilities Arising Apart from this Act Part V - Claims for Compensation Part VI - Reconsideration and Review of Determinations Part VII - Administration and Finance Part VIII - Licences to Enable Commonwealth Authorities and Certain Corporations to Accept Liabillity for, and/or Manage, ClaimsPart IX - Miscellaneous Part X - Transitional Provisions, Consequential Amendments and Repeals Part XI - Operation of this Act in Relation to Certain Defence-Related Injuries and Deaths etc SCHEDULE - CONSEQUENTIAL AMENDMENTS Safety, Rehabilitation and Compensation Regulations 2002 Practitioner's Guide Appendices Appendix 1 - Legislative History - Safety, Rehabilitation and Compensation Act 1988 Appendix 2 - Notices of Declaration - Safety, Rehabilitation and Compensation Act 1988Appendix 3 - Notices of Declaration - "Commonwealth Authority" - s 4(1) Appendix 4 - Notices of Declaration under s 5(6) - Persons taken to be employed by the CommonwealthAppendix 5 - Declarations under s 7(1) - Specified diseases and specified employments Appendix 6 - Notices of Declaration - Australian Capital TerritoryAppendix 7 - Corporations Licensed Under Part VIII of the ActAppendix 8 - Safety, Rehabilitation and Compensation Directions 2002 Appendix 9 - Defence Determination 2000/1Appendix 10 - Safety, Rehabilitation and Compensation Act 1988 Section 73A - Settlement Guidelines Index 07 Reviews of previous editions:Over the years Ballard’s commentaries have been cited in decisions of Tribunals and of the Courts, and frequently used in support of a particular interpretation. This demonstrates just how scholarly and reliable the annotations are viewed. The fact that they are updated annually, keeps them as current as is reasonably possible. …Ballard is and remains a comprehensive but manageably small compendium of the SRC legislation, of the more important decisions and of the likely interpretations of contentious sections. Any practitioner who works in this area cannot adequately represent his or her client without having the most up to date edition of Ballard at hand, whether in or out of Court. It remains the first and often last source of reference. It speaks volumes for its importance, when almost without fail, there are at least 3 copies of it on the bar table and the bench during most hearings. It is worthwhile having both the more extensive electronic version for use in Chambers and the hard copy for ease of access in Court or the Tribunal. - Law Letter, Autumn 2008 07 This thorough and detailed work is the latest edition of what has become the premier textbook for anyone dealing with Commonwealth compensation matters. Of particular note is the Practitioner’s Guide prepared by Canberra barrister, Allan Anforth, which … includes very useful practical tips … [T]he beauty of the work is its compact nature, being a single bound volume. … The direct style of Ballard and Sutherland will also be attractive to busy practitioners. This excellent work is a necessary addition to the library of any member of the bar whose practice includes Commonwealth compensation claims or compensation matters more broadly. - Hearsay (Qld Bar Association), Issue 3, 19 June 2006 07 This annotated service is now into its 7th edition, the last being published about two years ago. Much has occurred in that time and a new edition is not therefore an expensive luxury but an inexpensive necessity. … Few practitioners have any understanding of the large amount of business conducted in the AAT in reviewing claims for compensation. … There is no excuse for not being informed when one can consult this outstanding resource. … There is no point in me trying to dissect the various additions or improvements to the 7th edition from the 6th edition. Rather, let me again urge practitioners who are requested to provide advice into aspects of this legislation, to familiarise themselves with Ballard, as it remains the first and major source of reference by most if not all practitioners who appear in the Administrative Appeals Tribunal. If it is good enough for us, perhaps it might just be useful to those unfamiliar with the legislation. - BJM, Tasmanian Law Society Newsletter, March 2006 07 More compensation lawyers will be involved in commonwealth compensation work as the Commission (and Federal Court on appeal) is allowing private employers with the requisite business connection with the Commonwealth to sign up with Comcare as insurer. Some very senior practitioners appear in the AAT and this will continue because of the expansion. What do fresh reinforcements need to know about the Comcare process? It is driven by hundreds and thousands of folios. … The rules of evidence do not apply, yet in practice the fundamentals of adversarial litigation and evidence apply. The text provides some detail. And when the case for the applicant is “heading south”, you can always refer to the model litigant policy of the commonwealth, set out in the text. The 17 page Practitioners’s Guide also assists the new (and not so new) lawyer in this field of compensation practice, as will the Protocol for Comcare and applicant lawyers attending to reconsideration by applicant of unfavorable Comcare determination. … Like all annotated texts, its list of case references grows edition to edition. It is fortunate that the three authors, with decades of compensation law experience between them, continue to produce updated editions. - Ethos (ACT Law Society), June 2006 07 Review of the CD-ROM: I have had the distinct pleasure of reviewing every update of this fine reference book, and reviewed the hard copy of the sixth edition earlier this year. At that time I mentioned that an electronic copy was on the way, and here it is! The first thing to say is that electronic books are, to my way of thinking, of greater use in Chambers or an office, than in Court because I have yet to find a way of flicking through a CD as quickly as I can look at an index. However, anyone who has any experience of using portable document files (PDF's), will be at home in using this document. As anyone who is familiar with the bound edition will instantly realise, the electronic copy is far more extensive and more than 950 pages longer. It contains a wealth of additional material, such as the Compensation (Commonwealth Government Employees) Act 1971 and the Commonwealth Employees' Compensation Act 1930, set in a separate folder so that one can identify the legislation by reference to appropriate dates. There is a continuing need to refer to these Acts because of the effect of the Transitional Provisions of the SRC Act. The various Practice Directions are included as is the Guide to Assessment of the degree of Permanent Impairment, a document which was difficult to obtain before the Internet took over our lives. The HREOC Guide to covert surveillance is also included. The index is worthy of mention as it provides a very speedy method of research. Find the topic you are looking for, click your cursor on the link or links and you can easily move between index and the various sections, references etc. Because this document is set out in PDF, it requires one's computer to have Adobe Acrobat installed, but as this is a freeware program for read only purposes, most computers would already have it, and anyone who does not, can easily acquire it, at no cost. I think the current version is Acrobat Reader 6. I don't think the electronic edition should be seen as a replacement to the bound book, but it does contain a great deal of material that is otherwise hard to obtain. It saves a lot of time and trouble in searching Austlii or other Web sites for the legislation. A month or so ago, I received a review copy but found that it contained a fault which has been rectified in the version sent to me this week. The updated version is easily recognised as it is described as v2 (version 2). Do I recommend the electronic version? Most definitely. Would I buy it? I don't see how a person who practices in the AAT could afford to only rely on the hard copy and suggest that before long, we will be buying both, one to take to Court and the electronic copy to keep on our computer, for more detailed research purposes. - BJM, Tasmanian Law Society Newsletter, October 2004 04 01 http://www.federationpress.com.au/images/book/9781862877924.jpg 01 The Federation Press 20110527 The Federation Press IP 21 medium medium 02 135.00 9781862872714 03 03 9781862872714 15 9781862872714 BB http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862872714 1 A01 Donald R Rothwell Rothwell, Donald R Rothwell 2 A01 Ruth Davis Davis, Ruth Davis 332 RN 12 LX 12 LB 01 This book contains: all international instruments regulating the protection of the Antarctic environment all relevant Australian legislation regulating the protection of the environment of the Australian Antarctic Territory a commentary on both the inter-national and Australian legal regime dealing with Antarctic environmental protection the impact of the 1991 Madrid Protocol on Environmental Protection upon both the international legal regime and also Australian law the effectiveness of Antarctic environmental protection instruments at Australian and international level a number of other key instruments and documents dealing with Antarctic environmental protection and marine living resource conservation. 04 The Antarctic Treaty System The Antarctic Treaty System and Environmental Protection Antarctic Treaty Instruments Measures and Recommendations adopted at Antarctic Treaty Consultative Meetings Conservation Measures adopted by the Commission for the Conservaton of Antarctic Marine Living Resources Australian Responses Australian Law and Policy for the Protection of the Antarctic Environment Australian Legislation Australian Antarctic Documents Bibliography/ Index 01 The Federation Press 199710 The Federation Press IP 20 medium medium 02 137.50 9781862876613 03 03 9781862876613 15 9781862876613 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862876613 1 A01 Neil Rees Rees, Neil Rees 2 A01 Katherine Lindsay Lindsay, Katherine Lindsay 3 A01 Simon Rice Rice, Simon Rice 720 LX 12 L 01 This is the first cases and materials book in the field of Australian anti-discrimination law. The book, which deals with all Australian jurisdictions, contains a detailed analysis of Australian anti-discrimination law as well as extracts from all of the major cases and the writings of leading commentators. All of the major grounds of unlawful discrimination, such as race, sex and disability, are considered in detail. The book records the history of the major pieces of anti-discrimination legislation and it includes numerous suggestions for reform. While the book deals systematically and critically with all aspect of anti-discrimination law, such as grounds, areas of activity, exceptions, procedure, and remedies, it also contains extensive materials dealing with the policy goals of the law. The central chapter in the book is devoted to the concept of unlawful discrimination. All of the major High Court decisions concerning the notions of direct and indirect discrimination are extracted, explained and analysed. The chapter also contains a useful overview of the international history of these concepts, with references to leading United States and United Kingdom cases. The book will be of interest to practitioners as well as students, especially as there are comprehensive chapters in the areas of procedure and remedies. Each chapter contains problems for students. 02 The book, which deals with all Australian jurisdictions, contains a detailed analysis of Australian anti-discrimination law as well as extracts from all of the major cases and the writings of leading commentators. 04 Australian anti-discrimination law: an overview The legislative schemes Enforcement of the law Judicial responses to the law The structure of the book Policy goals of Australian anti-discrimination law A brief history of Australian anti-discrimination law Statements by legislators Statements by the judiciary Some selected commentators The impact of the Australian Constitution on anti-discrimination law Constitutional Protection from Unlawful Discrimination? Constitutional validity of Commonwealth Anti-discrimination Laws Limited Application Provisions Crown Immunity and Commonwealth Anti-discrimination Laws Chapter III and the validity of procedural mechanisms. Constitutional Regulation of Inconsistency Discrimination and the Constitution Implied Constitutional freedoms Further reading The concept of unlawful discrimination The concept of direct discrimination The concept of indirect discrimination Problems of proof Some reform options Problems for students Grounds of unlawful discrimination Race Sex Disability Age Family/carer’s responsibility Other grounds Areas of unlawful discrimination Work Goods, services and facilities Education Other areas Defences, exceptions and exemptions An overview of the exceptions to the legislation ‘Special measures’ The defence of statutory authority Temporary individual exemptions Problems for students Sexual harassment The legal meaning of ‘sexual harassment’ The relationships in which sexual harassment is unlawful Sexual harassment as sex discrimination Attributed (vicarious) liability for sexual harassment Complaints of sexual harassment Harassment on other grounds Problems for students Vilification Policy considerations Commonwealth racial hatred legislation State and Territory racial vilification legislation Religious vilification legislation Sexuality and gender identity vilification legislation Other vilification legislation Procedure and remedies Problems for students Procedure Remedies 07 ...the real strength of this book is in the perceptive and insightful commentary bringing together the cases and materials extracted in it...the book is primarily devised as a teaching tool as it appears from the questions posed at the end of each chapter. The questions are designed in such a way as to challenge the reader to think about the contents of the substantive part of the book and service to highlight the complexity of anti-discrimination law that protect many classes, some of whose interest may not merge. - Human Rights Law Review, 9:4(2009), 691-698 07 Every day, governments, private companies and individuals must navigate the shoals of discrimination law. They must grapple with issues for which there is no clear answer and disputes in which both sides are understandable; often institutions and individuals will have little or no idea of their positive or negative obligations to others. For lawyers too this area is a minefield. The law, which is borne of a plethora of statutes, themselves often children of international treaties, is constantly evolving and adapting. Australian Anti-Discrimination Law is the answer to the prayers of the discrimination law practitioner for a complete case and materials textbook on the subject. The book contains extracts from cases (state, federal and international), statutes and statutory instruments, and academic materials where they assist our understanding. The authors are eminently qualified by their practical and academic experience. The book deals thoroughly with the subject from procedure and remedies through philosophical and political underpinnings to thorny issues of constitutional, international and comparative law. It covers both state and federal discrimination law. - Law Institute Journal of Victoria, July 2009 07 This book, which honours the best traditions of its genre, provides, within an appropriate conceptual framework, careful selection of extracts from cases and other pertinent materials and, importantly, incisive textual analysis. Whilst providing a cogent critique of the current law, the authors have kept their feet firmly on the ground. The result is an authoritative analysis based on the very considerable practical and academic experience of its authors. Under the leadership of Professor Neil Rees, and subsequently Simon Rice, Kingsford Legal Centre developed in the early 1980s a specialist practice in anti-discrimination law, providing the skill and experience to mount many of the early groundbreaking cases. Professor Rees continued his work in the area after moving to the University of Newcastle, where he collaborated with Katherine Lindsay. Together, they have established an immensely valuable resource covering the full spectrum of anti-discrimination law in Australia. - From the Foreword by John Basten, Judge of Appeal, Supreme Court of New South Wales 04 01 http://www.federationpress.com.au/images/book/9781862876613.gif 01 The Federation Press 20080619 The Federation Press IP 21 medium medium 02 99.00 9781862876804 03 03 9781862876804 15 9781862876804 BB http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862876804 1 B01 Graeme Blank Blank, Graeme Blank 2 B01 Hugh M Selby Selby, Hugh M Selby 264 L 01 Appellate Practice is a legal practitioners’ guide to preparing for and conducting court appeals in Australia. Experienced contributors, drawn from a broad range of jurisdictions, provide thorough guidance on practical matters to assist practitioners: understand the objectives and requirements of Court Rules prepare better documentation write better submissions be more capable when addressing the appellate bench The book will aid practitioners in developing their skills and understanding of the appellate process. It is ideal for barristers, students at bar reader courses and litigation solicitors. It will also benefit newly appointed judges whose background does not include appellate work. 02 Appellate Practice is a legal practitioners’ guide to preparing for and conducting court appeals in Australia. Experienced contributors, drawn from a broad range of jurisdictions, provide thorough guidance on practical matters such as documentation preparation, written submissions and oral addresses. 04 Foreword – The Honourable Chief Justice Murray Gleeson AC, High Court of Australia Introduction Graeme Blank and Hugh Selby What is an appeal? Graeme Blank and Hugh Selby Frequent Issues Graeme Blank and Hugh Selby Notices and Grounds of Appeal Judge Sydney Tilmouth QC, District Court of South Australia Orders on Appeal Judge Brian Donovan QC, NSW District Court Appeal Papers Jennifer Hedge, Deputy Registrar, Federal Court of Australia Intervention Michael Sexton SC, Solicitor-General for NSW Further Evidence on Appeal Ian Freckelton SC Written Submissions Justice M A McMurdo, President, Queensland Court of Appeal Oral advocacy Justice J S Douglas, Queensland Supreme Court Making a Special Leave Application in the High Court Tim Game SC Costs Gino Dal Pont Appellate Reasons Justice Michael Kirby, High Court of Australia 07 Blank and Selby's work provides a wealth of useful information and guidance in the conduct of appeals in various courts.... As a general introductory text on appellate practice, it is of immense practical benefit. - Bill Swannie, Law Institute Journal of Victoria, November 2008 07 ...[the authors have]assembled an impressive list of contributors who have written chapters on all aspects of the appellate process. The book is structured in a logical sequence so that it provides a comprehensive and practical guide for all lawyers, regardless of their experience... It is certainly a book that will assist all legal practitioners to enhance the quality of their appeals. I suspect that judges will also be glad to be able to refer to it from time to time. - Dorothy Shea, Supreme Court of Tasmania, Australian Law Librarian, Vol 16 No 4, 2008 07 … an excellent and comprehensive compilation of essays written by well chosen contributors. The result is … a book that is unique in the range of topics it addresses and a ‘timely and welcome addition’ to the resources of any lawyer venturing into appellate advocacy. - Duncan Kerr SC MP, Law Letter (Law Society of Tasmania), May 2008 07 A Book Worth Reading From time to time a book is published that seems to fit a niche that hitherto, may not have been so readily apparent. One such book is Appellate Practice by Graeme Blank and Hugh Selby. The book is comprised of a series of essays by a variety of authors. However, the essays do not appear in total isolation one from the other. They are thoughtfully organised so that the subject matter of the book unfolds in an acceptable and orderly fashion... The challenge in providing some brief comments on this publication is determining where to start! The contributions are excellent; some are semi-conversational in style, and all are plainly written, practically useful, and most instructive. This book is, as they say, “a good read”. The reader is left with the sense of satisfaction that is derived when you have just read something that is very useful and well beyond the pedestrian. The text is replete with such a rich variety of insights, suggestions, authoritative commentary and guidance, that one wonders why a publication such as this has never, apparently, emerged before...I think it is best to simply urge you to get hold of this publication and read it. I agree with Gleeson CJ that this text will be very useful for practitioners. It should be of great interest also, to lawyers and others who are tribunal members, whether engaged in appellate work or not. - COAT, Council of Australasian Tribunals, NSW, Gary Byron, Deputy President, Workers Compensation Commission, April 2008 07 This book, which includes the contributions of a number of experienced authors on matters of importance to the appeal process, has a strong practical flavour. So far as I am aware, in the past there has not been a practice book that covered the range of topics it addresses, and I expect that practitioners will find it a timely and welcome addition to their resource materials. - From the Foreword, by The Honourable Chief Justice Murray Gleeson AC, High Court of Australia 01 The Federation Press 20080401 The Federation Press IP 21 medium medium 02 174.95 9781862872035 03 03 9781862872035 15 9781862872035 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862872035 1 A01 Adrian Deville Deville, Adrian Deville 2 A01 Ronnie Harding Harding, Ronnie Dr Harding 80 RP 12 RN 12 LX 12 TN 01 The Australian Environmental Review says about this book:'… Applying the Precautionary Principle is a step-by-step guide to the practice. … included [are] numerous worked examples of the precautionary principle at work to further enhance the understanding of the concept. … ideal for environmental planning and development decision makers in both public and private sectors, students who increasingly need to set their technical and professional education in the context of ecologically sustainable development and community groups and lobbyists who want an understanding of the principle, how it can be applied and its potential influence on decision makers.' 04 Introducing the Precautionary Principle The Emergence of the Precautionary Principle Who is Involved Why Apply the Precautionary Principle A New Name for Common Practice Making Sense of the Precautionary Principle Applying the Precautionary Principle Step 1: Are Precautionary Measures Needed? Step 2: How Precautious Should We Be? Step 3: What Precautionary Measures Can You Apply? Step 4: What Precautionary Measures Should You Apply? Case Study Precautionary Measures Table 1: Existing Operations and Activities Table 2: Proposed Projects and Plans of Management Table 3: Organisational Management Table 4: Administrative Procedures Table 5: Legislation and Law Reform Table 6: Policy, Strategy and Planning References/ Further Reading 04 01 http://www.federationpress.com.au/images/book/9781862872035.JPG 01 The Federation Press 199708 The Federation Press IP 21 low medium 02 22.00 9781862874008 03 03 9781862874008 15 9781862874008 BB http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862874008 A01 Geoffrey Gibson Gibson, Geoffrey Gibson 280 L 01 The book is written for arbitrators who are not lawyers and for lawyers who are not arbitrators. It sets out in short and simple terms the law of arbitration. It then describes in practical terms the course of an arbitration to assist arbitrators in conducting an arbitration and dealing with lawyers. The practical guide concludes with a sample arbitration from go to whoa so that both lawyers and arbitrators can see the advice in action. There are then two sections specifically for arbitrators. The first provides descriptions of the law that arbitrators may find useful. There are thirteen general entries, such as the Australian Legal System, Contract, Discovery, Evidence, Interpretation of Acts and Contracts, Pleadings and so on. There is then a glossary of legal terms for arbitrators. The final part contains the text of the uniform Commercial Arbitration Act 1984 and the Commonwealth International Arbitration Act 1974. The book is designed to be what its name suggests, namely, a companion for arbitrators. It is written with the express bias that the parties to an arbitration want arbitration, and not the exercises in litigation lawyers customarily pursue. Gibson has vast experience in litigation and arbitration, and in hearing and determining commercial disputes. 04 The Law Relating to Arbitration The case for commercial arbitration Definition: the arbitration agreement History and current attitudes Sources of law International arbitration Dispute Appointment Applicable law Jurisdiction (scope of dispute) Powers and procedures Preliminary conference Further pre-trial orders Expert evidence Hearing Awards Interest Costs Appeals Setting aside award Stay of court proceedings The Practice of Arbitration The submission to arbitration The notice of dispute The appointment The acceptance of nomination as arbitrator Directions before hearing The hearing The award A case study Elements of Law for Arbitrators Australian legal system Contract Discovery Equity Estoppel Evidence Interpretation (Acts and contracts) Misleading and deceptive conduct Natural justice (or procedural fairness) Negligence Pleading Privilege Restitution Glossary of Legal Terms for Arbitrators Sources of Law for Arbitrators Commercial Arbitration Act 1984 (New South Wales) International Arbitration Act 1974 (Commonwealth) Extracts of New York Convention in International Arbitration Act Extracts of UNICTRAL Model Law (Schedule 2 to International Arbitration Act) Index 07 As a graded arbitrator I found it extraordinarily useful in reviewing procedures and laws applied in commercial arbitrations …I recommend The Arbitrator's Companion, especially to those who may become involved in a commercial arbitration resulting from a lease dispute or some other commercial agreement which contains an arbitration cause. Gibson's work contains precedents and the forms a commercial arbitrator can use. It is a welcome addition to my library and will be used by me, with our Commercial Arbitration Act, as a reference before conducting each commercial arbitration. - Greg Vickery, Managing Partner, Deacons, Proctor (Qld Law Society), December 2001 07 Skills in arbitration, or at least a good understanding of it, are essential for any industrial arbitration practitioner. Geoffrey Gibson's book … focusses on arbitration of commercial disputes. Nevertheless, I found it a thought-provoking work. … Gibson is an experienced practitioner. The experience shows … Industrial relations practitioners would do well to to read his explanation of the "relaxed" rules on evidence and the discovery process, for instance. It was fascinating to compare the practice of commercial with industrial arbitration. Many of the processes are identical, but in the commercial field the onus is far more on the parties to take responsibility for the process. This includes, for instance, choosing an arbitrator and developing a specific arbitration agreement. The discussion on this point is directly relevant to IR today. … The book's discussion of the legal concepts and practical processes is very good. Although a new industrial advocate would not find it specific enough, all experienced practitioners could benefit from the broadening of outlook that comes from understanding how a familiar concept works in another field. There is room for improvement in the practice of resolving industrial disputes and there are some useful ideas around. Take a look. - Industrial Relations Society of SA Newsletter, November 2001 07 There is no doubt that Gibson’s helpful book will help foster a better understanding of arbitration and its potential advantages. … This is a concise and practical book. It is full of tips designed to keep the arbitral process nimble and free from the heaviness and delay that can beset formal litigation. The suggested informal approaches to procedure and evidence will clear a quick path to the heart of a dispute. Importantly, however, the author pays due regard to the need to balance such efficiencies against the protections that formalities provide. … Barristers and others finding themselves in unfamiliar arbitral territory would do very well to have this ‘companion’ at hand. - Victorian Bar News, No 137, Winter 2006 01 The Federation Press 200109 The Federation Press IP 20 medium medium 02 110.00 9781862877641 03 03 9781862877641 15 9781862877641 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862877641 A01 J R Cooke Cooke, J R Cooke 4 360 T 12 TN 12 L 01 Constructing a building is a complex legal as well as technical project. Consequently, architectural and engineering practice increasingly demands a sound understanding of planning and commercial law issues. Architects, Engineers and the Law has become the standard reference for architects, engineers and lawyers on the legal aspects of day-to-day architectural and engineering practice. J R Cooke provides clear concise explanations of the legal responsibilities of architects and engineers, and the consequences of the many legal processes and relationships part of the construction process. Twenty-six chapters cover Contracts Tenders Employment relationships Budgets and estimates Progress certificates Statutory planning and building control Restrictions on land use Consent authorities and planning appeal tribunals Moral rights legislation Standards of professional conduct and care Consequences of breaches of professional duty and care. Architects, Engineers and the Law will enable you to proceed confident that you understand the legal responsibilities and consequences of your practice. 02 This is a standard reference for architects, engineers and lawyers on the legal aspects of day-to-day architectural and engineering practice. It provides clear concise explanations of the legal responsibilities of architects and engineers, and the consequences of the many legal processes and relationships part of the construction process. 04 The Legal System The Common Law and Equity/ The Sources of the Law/ Interpreting Legislation/ Precedents/ Recent Developments Contracts The Formation of the Contract: Simple Contracts and Deeds/ Legislation/ The Terms of the Contract/ Waiver and Estoppel/ Quasi-Contract, Restitution and Unjust Enrichment Liability Apart from Contract Criminal Negligence/ Equitable Estoppel (Restitution)/ Trade Practices Act 1974 (Cth), ss 52 and 53 and Fair Trading Acts/ Occupational Health and Safety/ Liability in Tort Duty of Care The Standard of Professional Skill / Establishing a Duty of Care/ Professional Indemnity Insurance Breach of Duty of Care Introduction/ General Principles/ Existing Knowledge/ Disclosure/ Performance/ Contributory Negligence Agency and Employment Agency/ Employment Damages Policy/ Damages in Contract/ Damages in Tort/ Examples Limitations of Actions Policy/ When Does the Limitation Period Begin? Concurrent Liability Introduction/ Limitation Period/ Proof of Breach/ Measure of Damages Defamation Introduction/ What is Defamatory?/ The Defences Intellectual Property Copyright/ Licence to Build/ Moral Rights Professional Conduct Professional Standards/ Trade Practices/ The Impact of the Legislation/ Consumerism Delegation of Design Introduction/ Appointment of Consultants/ Design Input from Other Sources Budgets and Estimates Background/ Professional responsibilities Construction Contracts Types of Contract/ Forms of Contracts Construction Management The Traditional System/ Construction Management/ Project Management Contract Documentation Introduction/ The Formation of the Contract/ The Tender Documents/ The Execution of the Contract/ Discrepancies in the Documents/ The Specification/ Writing the Specification/ Calling for Tenders on Partial Documentation Tenders Introduction/ Calling for Tenders/ From Tender to Contract/ Assessing the Tenders/ Exceeding the Budget Liquidated Damages and Securities Liquidated Damages/ Retention and Securities Variations Limits of variations/ Administration Progress Certificates Introduction/ Certificates Based on Defective Work/ Under Certifying and Over Certifying/ Set-offs and Deductions/ Paying for Unfixed Materials on or off the Site/ Issuing the Certificate/ Valuations and Certificates provided under Partial Services Agreements/ Security of Payment Legislation Completion and Effects Introduction/ Extensions of Time/ Practical Completion/ Defects Liability/ The Final Certificate Determining the Contract Introduction/ Service of Notice/ Wrongful Repudiation of Contract/ Use of Contractor's Plant and Equipment/ Expenditure of Retention Moneys after Determination Non-Statutory Restrictions on Land Use Land Ownership and Related Restrictions on Land Use/ Common Law Rights of Landowners Statutory Planning and Building Control Background/ Building Regulations / Environmental Protection Legislation and Conditions of Approval/ Planning Control/ Law and Urban Design Consent Authorities and Planning Appeal Tribunals Obligations of Architects and Engineers in Dealing with Consent Authorities/ Negligence by Consent Authorities/ Review of Administrative Action of Consent Authorities/ Appeals Table of Cases/ Table of Statutes/ Bibliography/ Index 07 Reviews of the previous editions:This, the third edition, by a very well qualified author, is a book every architect or engineer should have on their desk. … Although it is a text book with all the appropriate legal references, it is written in a very 'readable' way making complicated subjects such as torts, estoppel, defamation, and 'accidental aesthetic consequences' more understandable for the untrained than I have read before. It covers all that would seem to be in the horizon of professional practise. … All the great cases are there … What is excellent is the set out of all the types of contract that a builder can use and the explanation of variations, damages, tenders and construction management. - Australian Building News 07 Cooke is a solicitor, who is an architecture graduate of the University of Sydney as well as a law graduate of the University of New South Wales. In addition he has a Master degree in Building from the University of New South Wales and a PhD in Architecture in the field of land use and planning from the University of Sydney. ... [His book] is written for architects, and to a lesser extent for engineers ... This is mainly a book for architects on how to deal with the law. But there are some interesting asides. Dr Cooke discusses, for example, the fights which architects have had with building regulations, and he cites cases fought by Gropius, Sydney Ancher, and Harry Seidler, and the arguments advanced against detailed regulations by Walter Bunning and Robin Boyd. - Architectural Science Review, Vol 44(4) 07 [T]he latter chapters (11 onwards) may be of great value to lawyers as they try to advise such professionals [engineers and architects]. They draw together a great number of cases involving building or engineering disputes. It is not meant to be and is not therefore a substitute for detailed research by a lawyer, but it is a mighty good first step to identifying how one should research. So whilst it is fundamentally a book for engineers and architects, I suspect that it also has a home in legal libaries … - Law Society of Tasmania Newsletter, October 2001 07 When I commenced ro read the book, I was negative towards it, thinking it would be no more than a non-lawyers book … But the book is much more than that. In the first place there are the remarkable qualifications of the author, Dr Cooke, who hold bachelors degrees in architecture and law, a masters degree in building science and a doctorate in architecture. … The scope of the book is ambitious: it commences with an introduction to the legal system, and then proceeds to touch upon a remarkably diverse group of subjects … [I]t is very detailed which is obviously the product of an enormous amount of research. … For the general lawyer I would hesitate before recommending Dr Cooke's book, but it is not possible to simply dismiss it, as it does constitute, at least for a person interested in construction law, an invaluable list of decisions with a construction bent. This is especially so in the second half of the book, much of which deals with specialist matters relating to particular building contracts - the interpretation of particular clauses and so forth. - Bar News (NSW Bar Association Journal), Summer 2001/2002 07 Architects, Engineers and the Law (3rd edition) is a useful and concise summary of law and legal developments in the field broadly referred to as 'construction law'. While aimed primarily at architects, engineers and other construction industry professionals, the text is also of great practical value for the practising construction lawyer or student. ... [It] is an excellent legal handbook for the professional doing business in the construction industry. - Australian Construction Law Bulletin, Vol 13(10), January 2002 07 This practical guide … provides a clear, concise and readily accessible overview of many aspects of the law surrounding the day-to-day practice of the disciplines of architecture and engineering. … Overall, the text is well balanced and, as the author suggests, avoids a "… misleadingly superficial picture … [of the law] … while at the same time not attempting to examine every legal technicality". … As a stand-alone text for those engaged in the everyday work of architects and engineers, this book will undoubtedly prove most useful. Certainly, it will also be welcomed for its straightforward and "hands on" approach to the law and its implications for practitioners in both professions. … [It] deserves to be widely and enthusiastically embraced." - Law Institute Journal (Victoria), February 2002 07 [T]he author provides clear and concise explanations of the legal responsibilities of architects and engineers, the consequences of the many legal processes and relationships which form part of the construction process. What is particularly useful about the book is that each chapter commences with a section headed "further reading", which identifies relevant chapters of appropriate further reading material. … The book is best suited to those professionals who lack experience of construction contracts or indeed construction law. The book does appear from the outset to be user-friendly. … Probably one of the longer and more important chapters in the book is that on contract documentation (Ch 17). The chapter deals with the formation of the contract, the tender documents, execution of the contract and the specification. Usefully, the chapter identifies arrangements which should be avoided and the difficulties which may be encountered by architects and engineers. - Building and Construction Law Journal, Vol 18, June 2002 07 Architects, Engineers and the Law succeeds in bridging the technical building sciences and the legal profession. I find I use the book on a regular basis when conducting building and construction litigation. It contains 26 brief chapters which cover the complete ambit of building and construction law. It commences with a brief introduction to the Australian legal system, then provides vital information on contracts, concurrent liability, the relationships of agency and employment, construction management, the functions of local councils and many other important topics. JR Cooke has impeccable credentials. His expertise in this branch of law and in the technical sciences has resulted in a text of great value, enhanced by many references and suggestions for further reading. - Law Society Journal (NSW), July 2002 04 01 http://www.federationpress.com.au/images/book/9781862877641.jpg 01 The Federation Press 20100225 The Federation Press IP 21 high medium 02 85.00 9780909049300 03 03 9780909049300 15 9780909049300 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9780909049300 A01 Jacqueline Rowarth Rowarth, Jacqueline Rowarth 124 YX 12 KM 12 VS 12 Y 01 “Do you really want that job but don't know how to go about getting it? Well, read this book and apply the methods; the outline made it very easy for me and comment was made that it was the most comprehensive application in the pile. Not only did I achieve an interview, I was offered the job... it may take a little more preparation, but you will be successful. It's as easy as that and, incidentally, luck has nothing to do with it!” This self-help book is packed full of practical exercises and references. It's the guide to selling yourself and highlighting your qualifications and experience – getting the job you want and keeping it. Aimed at tertiary graduates, this book is also ideal for anyone looking to change careers and begin the application process and interview scramble. 04 Acknowledgements/Foreword/ Preface This is your life Building your CV Getting the interview Selling yourself: the interview process Building your career Goal setting Time management The yes trap Building your confidence: speaking in public Making the most of setbacks The big picture Commentary - a Maori perspective 07 This book is much more a young person’s career management book than simply a how-to-get-your-first-real-job guide. It covers key areas, including setting goals, preparing a CV, selling yourself, building confidence, time management and making the most of setbacks. Each chapter contains key point summaries and the writing style and book design make it very reader-friendly. It’s dense with practical advice, tips, exercises and Australian and New Zealand case studies. A great resource for graduates and people in the early stages of their career. - Wendy Taylor, the Age, 11 December 2004 07 The guide is well written and extremely practical – asking questions, offering advice and taking the reader through a process of self-assessment. The text is broken up into manageable sections and offers hints, tips, summaries and examples. A job seeker will find it easy to digest and extremely useful. … This book offers encouragement to the young graduate by taking a pragmatic approach. It is well-written, easy to read and offers very good advice. I would highly recommend it for any tertiary careers library. - Australian Journal of Career Development, Vol 13(2), Winter 2004 04 01 http://www.federationpress.com.au/images/book/Rowarth.JPG 01 Dunmore (NZ) 200001 The Federation Press IP 20 medium medium 02 27.45 9781862873513 03 03 9781862873513 15 9781862873513 BC Centre for International and Public Law - Law and Policy Papers http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862873513 A01 J R F Lehane Lehane, J R F The Hon Justice Lehane 32 L 01 The Federal Court Judge surveys the operations of the federal system of administrative law with special emphasis on issues relating to standing, judicial review and grounds of review under the Migration Act 1958 (Cth) 01 The Federation Press 200004 The Federation Press IP 20 medium medium 02 27.50 9781862877351 03 03 9781862877351 15 9781862877351 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862877351 A01 A S Sievers Sievers, A S Sievers 3 224 L 12 J 12 LJ 12 W 01 Voluntary non-profit associations are an integral part of community life in Australia. These associations range from local social, sporting or community clubs or associations to large charities and professional or semi-professional sporting associations organized on a national or State level. A predecessor of this short, practical book was variously described as “”a very useful book”, “a practical work, short and crisp”, “an excellent publication”, “a useful reference book” and “highly recommended”. This new edition is prompted by major changes to the legislation across Australia, including new statutes in the Northern Territory and New South Wales and large amendments in most other jurisdictions. These have resulted in a more consistent approach to the most crucial regulatory issues, a trend towards a more national approach which is reflected in many of the numerous recent cases, especially those concerning disputes and discipline and the rights of members of an association. This is a must-have for anyone involved in the not-for-profit sector and their legal advisors. 02 This new edition was prompted by the continuing growth of the not-for-profit sector in both Australia and New Zealand and by major changes to the legislation in most Australian jurisdictions since the publication of the second edition in 1996. 04 Introduction The Concept and Nature of Voluntary Associations The Status of Voluntary Associations IncorporationIncorporation Unincorporated Associations Formation, Rules and Management of an Unincorporated AssociationProperty Contract and TortLegal ProceedingsMembership Dissolution of an Unincorporated Association Methods of Incorporating an Unincorporated Non-Profit Association Introduction Ways of Incorporating a Non-Profit Association An Overview of the Associations Incorporation Legislation Incorporated Associations Associations Eligible to be Registered under the Associations Incorporation Acts Incorporating an Association Effect of Incorporation Constitution and Rules Management of an Incorporated Association Amalgamation of Associations and the Incorporation of Branches The Rights of Members of an Incorporated Association Government Regulation of Incorporated Associations Offences and Evidentiary Provisions Cancellation of Incorporation Winding Up and Extermal Administration Table of Cases/ Table of Statutes/ Comparative Table of Statutes/ Bibliography/ Index 04 01 http://www.federationpress.com.au/images/book/9781862877351.jpg 01 The Federation Press 20101007 The Federation Press IP 21 medium medium 02 39.95 9781862872769 03 03 9781862872769 15 9781862872769 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862872769 B01 Dennis Nolan Nolan, Dennis Nolan 272 J 12 KN 12 L 12 LJ 01 The 1990s saw the end of Australia and New Zealand's comprehensive conciliation and arbitration systems. Governments on both sides of the Tasman have found a rigid labour market to be incompatible with an ever more open and dynamic economy. This book covers all jurisdictions. It collects the detail of the reforms with contributions on a national level and State by State in Australia. It analyses the nature of the reforms, their consequences and their prospects. The editor, Dennis Nolan, provides an international perspective and a comparison to American labour law reform. In New Zealand, the Employment Contracts Act 1991, described as the most radical labour relations reform in the industrialised world in half a century, removed the old ways in one move. In Australia the federal system has meant a more diverse approach as the Commonwealth and States have experimented with various forms of deregulation. 04 Examining the Australasian labour law reforms Dennis R Nolan Theories of Australasian Labour Law Reform Labour law reform: context and foundations Margaret Wilson Common law versus specialist jurisdiction in labour law Martin Vranken The Nature of the Australasian Experiments National Jurisdictions New Zealand industrial law Alan Geare From industry to enterprise, from award to agreement: federal laws and workplace change in Australia Greg McCarry Change without labour law reform in the United States Dennis R Nolan The Australian States Two approaches to industrial relations reform in New South Wales: the making of the Industrial Relations Acts of 1991 and 1996 Ronald C McCallum The Queensland pendulum of industrial relations and labour law "reforms" Loretta de Plevitz and Greg Bamber Labour law reform in South Australia Andrew Stewart Tasmania’s move to flexibility and choice Jim Garnham Victorian industrial relations: from deregulation to devolution Marilyn Pittard Of waves and ripples: reform of employee relations law in Western Australia Nii Lante Wallace-Bruce The Consequences of and Prospects for Australasian Labour Law Reform New Zealand labour law reform: consequences and prospects Raymond Harbridge and Aaron Crawford Australian labour law reform: consequences and prospects Braham Dabscheck An American perspective on Australasian labour law reform Dennis R Nolan Table of Cases/ Table of Legislation/ Index 04 01 http://www.federationpress.com.au/images/book/nolan.JPG 01 The Federation Press 199801 The Federation Press IP 20 medium medium 02 49.50 9781862875524 03 03 9781862875524 15 9781862875524 BB http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862875524 A01 Michael White White, Michael White 2 256 L 12 LX 12 LJ 01 The book analyses the international conventions, the Australian and New Zealand legislation and the regulatory structures in both countries relating to the protection and preservation of the marine environment from ship pollution. It concentrates on the important aspects of the marine environment and its protection and preservation in the light of the huge tonnages of vital trade goods carried by many merchant ships to and from the Australasian region. This second edition sets out: the sources of pollution of the coastal seas; the UN international conventions on the marine environment; the International Maritime Organization conventions; marine salvage; the complexities of the Australian offshore jurisdiction covering the Commonwealth States; the New Zealand offshore jurisdiction; some of the key aspects of regulatory governance and infrastructure; and the status of the IMO conventions on shipping and the marine environment. 02 This second edition analyses the international conventions, the Australian and New Zealand legislation and the regulatory structures in both countries relating to the protection and preservation of the marine environment from ship pollution. 04 Preface/ Table of Acronyms and Abbreviations/ Table of Cases/ Table of Statutes/ Table of Conventions Introduction and Sources of Marine Pollution United Nations Environmental Conventions and Agreements IMO Conventions – Marine Pollution IMO Conventions – Liability and Compensation Salvage and Marine Pollution Australian Offshore Jurisdictions – Petroleum and Constitutional Settlements Australian Laws – Commonwealth Australian Laws – States and Northern Territory Australian Sensitive Marine Areas New Zealand Conventions and Laws Administrative Machinery for Combating Marine Pollution Appendices: Summary of IMO Conventions Status of IMO Conventions Index 07 White writes in plain English, the meaning of complicated terms and technical teminology is explained and easily understood. Overall this book is very informative, and as a novice in this subject matter, I was fascinated by the historical information in the early chapters. The comprehensive material that follows would be a great reference to legal practitioners or librarians eager to find the convention or statutes that meets their research requirements. - Belinda Schembri, Australian Law Librarian, Vol 16 No 3, 2008 07 Michael White is probably Australia’s leading maritime law academic. Unusually, he is both lawyer and seaman so he has a particular appreciation of the maritime legal scene. This fine book reflects that. Given the current near national obsession with pollution and the environment, it is timely that this new and very comprehensive edition has been produced. While many of the laws discussed are particular to Australia and New Zealand, they are normally in accord with the laws of other developed nations. Obviously, much of the law and its practice is closely dependent upon international agreement. Unusual for a book produced by a legal academic, this one is of considerable interest and value to the connected lay reader. It is an important, comprehensive and very recent overview of a subject that is vital to professional mariners. - Work Boat World, November 2007 07 Review of previous edition:“While it covers a vast subject matter, this book is not a mere narrative account. It carefully addresses the complex legal issues involved in marine pollution from sovereignty and constitutional power to liability. … Michael White’s book is a significant resource. It is comprehensive, readable and practical.” - Law Society of Tasmania June 1995 04 01 http://www.federationpress.com.au/images/book/9781862875524.jpg 01 The Federation Press 20070413 The Federation Press IP 21 medium medium 02 125.00 9781862878075 03 03 9781862878075 15 9781862878075 BB NSW Sesquicentenary of Responsible Government http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862878075 A01 Anne Twomey Twomey, Anne Twomey 512 L 01 The Australia Acts, one enacted in Australia and the other in the United Kingdom, are fundamental constitutional documents for Australia: they terminated the remaining constitutional links between the two countries. Negotiated behind closed doors, little has been known of their background and purpose. Using previously confidential documents, this book reveals what was intended, what was disputed and what was rejected. It analyses each provision, its background, objectives, drafting changes and its current operation. It also provides a close analysis of the power to enact the Australia Acts, the validity of the provisions and their impact on the Crown and Australia’s independence. The book addresses fundamental historical, political and constitutional matters, such as: the current basis for Australian sovereignty and the binding nature of the Constitution the relationship between federalism and the Crown the status of the Queen of Australia and whether there is also a separate Queen of each State, and the source of the power to amend Australia's constitutional documents and the limits on its exercise. It is also essential for those who need to ascertain the extent of State legislative power, including: the reach of the extra-territorial power of the States and whether a nexus is needed whether the States can constitutionally entrench laws, such as a bill of rights why the States cannot abdicate or limit the scope of their legislative powers whether the States can apply the Australia Acts with retrospective effect to validate defective State laws. 02 This book provides the first comprehensive analysis of the Australia Acts 1986 which terminated Australia’s remaining constitutional links with the United Kingdom. Using previously confidential documents, this book takes the reader behind closed doors to examine the negotiation of the Australia Acts, revealing what was intended, what was disputed and what was rejected. 04 The Australia Acts 1986 and Australia’s Independence Colonial limits and the Statute of Westminster The Negotiation of the Australia Acts 1986 Commentary on the Provisions of the Australia Acts The Validity of the Australia Acts 1986 The Monarch and The Australia Acts Appendix: The Australia Act 1986 (Cth)Index 07 If Associate Professor Anne Twomey’s The Australia Acts 1986 Australia’s Statutes of Independence had been available at the time of Marquet, their Honour’s might have gone directly to Chapter Three (The Negotiation of the Australia Acts 1986) of this scholarly work to have had regard to such a proper account. This proposition demonstrates the importance and utility of Dr Twomey’s book. ... Associate Professor Anne Twomey has made another important legal and historical contribution that further enhances her reputation as a leading constitutional law scholar. I highly recommended The Australia Acts 1986 Australia’s Statutes of Independence - Chris Tam, Hearsay, the electronic journal of Bar Association of Qld, Issue 51, August 2011 07 Herein lies a considerable virtue of this book. Too much of the teaching of 'constitutional law' looks only to the decisions of the judicial branch and fails to give students an understanding of the operation of the federal system as a method of government. The attention given by the author to the source materials lying behind the enactment of the Australia Acts has yielded a book which will be a valuable teaching resource and the author is to be congratulated on her work. - William M C Gummow AC, Sydney Law Review, 2011, Vol 33: 319-323 04 01 http://www.federationpress.com.au/images/book/9781862878075.jpg 01 The Federation Press 20101217 The Federation Press IP 21 medium medium 02 145.00 9781862875623 03 03 9781862875623 15 9781862875623 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862875623 A01 Annemarie Devereux Devereux, Annemarie Devereux 292 L 12 HB 12 JP 12 YH 12 LX 01 Australia and the Birth of the International Bill of Human Rights provides the first in depth examination of Australia’s first reactions to ‘international human rights’ during the negotiations for the International Bill of Rights: the Universal Declaration of Human Rights, the ICCPR and ICESCR. It follows Australian policy from 1946, the first year in which the United Nations began discussing a Bill of Rights until 1966 when the twin Covenants were finalized. The book looks at what successive Australian Governments understood by ‘human rights’ and how they responded to discussion of sensitive domestic topics such as: immigration policies self-determination for inhabitants of trust territories equal pay for men and women and balancing human rights and national security. As well as considering Australian policies towards substantive rights, the book looks at Australian policies towards international schemes for protecting rights including early proposals for an International Court of Human Rights and its later support for more modest, technical expertise based assistance for States, debates often taking place against the background of highly politicised issues such as the Cold War and the fight against apartheid. In looking at this 20 year period, the book demonstrates the way in which Australian policy changed substantially over time: as between Labor and Liberal administrations, between Ministers and bureaucrats and as between decision makers with markedly distinct visions of the ideal relationship between citizens and a State, and the individual State and the international community. In highlighting the diversity of views about human rights, this book thus challenges the notion that Australia has historically supported a universally understood set of human rights norms and underlines the number of variables which may be affecting ongoing implementation of human rights standards. 04 Introduction Situating this researchStructure, scope and sourcesSetting the scene: The international and domestic setting 1946 – 1966 Part 1 - Defining Human Rights Guarantees Economic and Social RightsCivil and Political RightsMinority Rights and the Right of Peoples to Self-DeterminationJurisprudence of Human Rights Part 2 - Implementing Human Rights Domestic Implementation of Human RightsInternational Implementation of Human RightsHuman Rights and 'domestic Jurisdiction'Conclusion BibliographyAppendix 1 TimelineAppendix 2 The International Bill of Rights (excerpts) 07 It is fascinating both for the history and the law that it contains. I congratulate Federation for publishing the book and am very grateful to have it in my library. - Justice Michael Kirby, AC CMG, High Court of Australia 07 The author’s analysis … is an important contribution to the jurisprudence of human rights. … the study shows that the negative attitudes evinced by the Australian government in recent times towards the views of the supervisory treaty bodies have deep roots. This analysis is of special interest to those, like me, who regret Australia’s recent criticisms of the treaty body system, … [It] will help to put these and other current events into a longer perspective … It may help us to understand how these policies developed and to find more effective ways to influence future directions when times are more propitious. - The Hon Elizabeth Evatt AC, from the Foreword (in full below) 07 This book provides an important insight into Australia’s approach to human rights in the formative post war period when the International Bill of Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic Social and Cultural Rights were developed. Devereux charts how, in the space of two decades of policy making, Australia’s approach to international human rights shifted from active support for the state’s role in protecting human rights, to a reluctance to institute government action to guarantee rights. Drawing on extensive archival material, this well-documented study reveals the extent to which Australia’s policy responses to human rights issues were the product of the political values of Ministers, senior officers and diplomatic representatives. Devereux’s book is a rich resource for scholars of human rights: readers will enjoy her account of Australia’s retreat from its initial enthusiasm for international enforcement of human rights, as well as the insight into the depth of Australia’s resistance to the rights of minorities and the rights of peoples to self-determination. The concluding chapter, “Back to the Future”, powerfully observes the resonances between the policy shifts during the post war period and current debates about Australia’s interpretation and implementation of human rights obligations. The result is a challenge to the reader to consider the philosophical underpinnings of Australia’s approach to human rights, then and now. - Human Rights Law Bulletin, November 2005 04 01 http://www.federationpress.com.au/images/book/Devereux.jpg 01 The Federation Press 20051026 The Federation Press IP 21 medium medium 02 49.95 9781862873827 03 03 9781862873827 15 9781862873827 BC Centre for International and Public Law - Law and Policy Papers http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862873827 A01 Penny Wensley Wensley, Penny Wensley 32 L 12 LB 01 The text of the first in a series of annual lectures by Australia's Ambassador to the United Nations, presented on 2 March 2000, this paper surveys Australia's involvement with the United Nations and an analysis of the future challenges in light of this relationship. 01 The Federation Press 200101 The Federation Press IP 20 low medium 02 27.50 9781862877252 03 03 9781862877252 15 9781862877252 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862877252 1 A01 Marian Sawer Sawer, Marian Sawer 2 A01 Norman Abjorensen Abjorensen, Norman Abjorensen 3 A01 Phil Larkin Larkin, Phil Larkin 336 JP 12 YH 12 Y 01 On many criteria, Australia has been a pioneering democracy. As one of the oldest continuing democracies, however, a health check has long been overdue. Since 2002 the Democratic Audit of Australia, a major democracy assessment project, has been applying an internationally tested set of indicators to Australian political institutions and practices. The indicators derive from four basic principles—political equality, popular control of government, civil liberties and human rights and the quality of public deliberation. Comparative data are taken from Australia's nine jurisdictions, as well as from three comparator democracies, Canada, New Zealand and the United Kingdom, to identify strengths, weaknesses and opportunities for reform. Some of the findings are disturbing. For example, Australia has fallen well behind in the regulation of private money in elections and in controlling the use of government or parliamentary resources for partisan benefit. Transparency and accountability have suffered from relatively weak FOI regimes and from executive dominance of parliaments. For those studying democracy or wanting to reform Australian politics, The State of Democracy provides a wealth of evidence in a well-illustrated and highly accessible format. Internationally, it is an important contribution to the democracy assessment literature and pushes into new areas such as the intergovernmental decision-making of federalism. 02 This book assesses Australian political institutions and practices against a set of internationally tested indicators for democracy. The indicators derive from four basic principles - political equality, popular control of government, civil liberties and human rights, and the quality of public deliberation. 04 Introduction Political history Basic political data Basic socio-economic data Part I - Citizenship, law and rights Nationhood and citizenship The Rule of Law and access to justice Civil and political rights Economic and social rights Part II - Representative and accountable government Free and fair elections Democratic role of political parties Government effectiveness and accountability Civilian control of the military and the police Minimising corruption Part III - Civil society and popular participation The media in a democratic society Political participation Government responsiveness Decentralisation Part IV - Democracy beyond the state and federalism International dimensions of democracy FederalismAudit references Index 07 We now have three wise persons providing us with a comprehensive picture of the Australian democratic elephant....It is an ambitious work, covering citizenship, law and rights; representative and accountable government; civil society and popular participation; democracy beyond the state (Australia's international engagement, particularly with the United Nations) and federalism.... Australian democracy is not broken. It compares favourably internationally, and has numerous strengths. The weaknesses that this book identifies nevertheless provide a starting point for a more fundamental debate on the reforms required to make democracy even stronger. It is an excellent, practical and thoughtful survey of the field. - Public Sector Informat, supplement to The Canberra Times, 12 August 2009, pp6-7 07 ...I found Australia: The State of Democracy a succinct, highly readable and useful reference tool. It is an excellent contribution to the nation, particularly I imagine for students, journalists and politicians. For the overseas reader studying Australia it brings a wealth of material and a depth of perspective. It also adds to the global democratic picture – which is important considering that one of the aims of developing the international Audit framework in the first place was to assist newer democracies. It deserves to be widely read and discussed... - Senator the Hon Joe Ludwig, Cabinet Secretary, Special Minister of State, taken from the Launch Speech, Wednesday 14 October 2009. 04 01 http://www.federationpress.com.au/images/book/9781862877252.jpg 01 The Federation Press 20090702 The Federation Press IP 21 medium medium 02 59.95 9781862875807 03 03 9781862875807 15 9781862875807 BC Centre for International and Public Law - Law and Policy Papers http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862875807 1 A01 Hilary Charlesworth Charlesworth, Hilary Charlesworth 2 A01 Gabrielle McKinnon McKinnon, Gabrielle McKinnon 25 YH 12 L 01 Australia’s first bill of rights, the Australian Capital Territory’s (ACT) Human Rights Act, came into force on 1 July 2004. This paper describes the background to that Act and its operation so far and considers its value as a model for improving the protection of human rights in Australia. The authors argue that the Act has had significant impact, although not necessarily in the ways that either its proponents or critics predicted. While legal practitioners do not yet use it regularly in the courts, it is already exerting considerable influence on the workings of government and the development of new laws and policies. The legislation has also revived Australian debates about bills of rights by providing a working model that allows legislatures to retain the final word about human rights protection. 04 01 http://www.federationpress.com.au/images/book/cipl28.jpg 01 The Federation Press 20060414 The Federation Press IP 20 low medium 02 27.50 9781862878440 03 03 9781862878440 15 9781862878440 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862878440 1 B01 Rachel Baird Baird, Rachel Baird 2 B01 Donald R Rothwell Rothwell, Donald R Rothwell 416 L 12 RN 12 LX 01 Cover photograph: Coastline, northern TasmaniaCourtesy and Copyright of the Photographer: Linda Kythe Nix This book is a comprehensive guide to Australian coastal and marine law. Since the landmark enactment of the Seas and Submerged Lands Act 1973 (Cth), and the subsequent High Court decision in NSW v Commonwealth, there have been rapid developments in Australian coastal and marine law and policy. The Offshore Constitutional Settlement paved the way for offshore management between the Commonwealth, States and the Northern Territory, and from this foundation a raft of new environmental laws were adopted in the 1980s and 1990s, often promoted by international developments such as the 1982 United Nations Convention on the Law of the Sea, or through new marine pollution conventions adopted by the International Maritime Organisation. In the last decade as a result of the increased profile associated with concerns over climate change, whaling, and major maritime incidents such as the Pasha Bulker (2007), Pacific Adventurer (2009), the Montara oil platform spill (2009), and Shen Neng I (2010) there has been greater environmental consciousness and concern about the need to have a comprehensive legal framework in place to deal with these issues. The book particularly reflects upon how Australian law regulates and manages a range of environmental issues which arise in the coastal zone and the marine environment. The Australian maritime domain is the focus of analysis, including all areas within State and Territorial jurisdiction, and areas within Commonwealth control and regulation. Activities that are subject to specific consideration include the continental shelf, fishing, indigenous rights, marine parks, marine pollution, ports and harbours, and shipping. 02 This book provides a comprehensive outline of the international and legal framework and then presents the law in a number of individually themed chapters. In doing so the editors have drawn upon the expertise of scholars and practitioners in a range of specialist areas. 04 Foreword - Ivan Shearer AM Australia’s Coastal and Marine Environment Donald R Rothwell and Rachel Baird The International Legal FrameworkDonald R Rothwell The National Legal FrameworkRachel Baird Commonwealth and State Marine Environmental ManagementMatthew Osborne The Maritime Boundaries of AustraliaAndrew Serdy Fisheries ManagementRachel Baird The Continental ShelfTim Stephens Ports and HarboursDonald R Rothwell ShippingCraig Forrest Marine Pollution and Environmental LawStathis Palassis Marine Parks and ReservesBrad Jessup and Tim Power Native Title in Coastal and Marine WatersSamantha Hepburn Maritime Regulation and EnforcementCameron Moore Environmental Integration and Coastal and Marine LawDonald R Rothwell Index 04 01 http://www.federationpress.com.au/images/book/9781862878440.jpg 01 The Federation Press 20111125 The Federation Press IP 21 medium medium 02 135.00 9781862877733 03 03 9781862877733 15 9781862877733 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862877733 1 A01 Tony Blackshield Blackshield, Tony Blackshield 2 A01 George Williams Williams, George Williams 5 1472 L 01 The fifth edition of Australian Constitutional Law and Theory: Commentary and Materials has been thoroughly rewritten. Each chapter has thoroughly reviewed by both authors, with fresh choices made for extracts to bring the book up to date for new materials and scholar­ship. The commentary has also been rewritten to provide clearer explanation of concepts and case outcomes. Major new developments have been included by cutting back existing material to focus in more tightly on the key constitutional issues. Also available is the new Abridged edition, click here for details. Major cases added since the last edition include: Attorney-General (Cth) v Alinta Ltd; Bennett v Commonwealth; Betfair Pty Ltd v Western Australia; Clarke v Commissioner of Taxation; Forge v Australian Securities and Investments Commission; Gypsy Jokers Motorcycle Club Inc v Commissioner of Police; K-Generation Pty Ltd v Liquor Licensing Court; Lane v Morrison; Pape v Commissioner of Taxation; R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2); Roach v Electoral Commissioner; Sweedman v Transport Accident Commission; Telstra Corporation Ltd v Commonwealth; Thomas v Mowbray; White v Director of Military Prosecutions; the Work Choices Case; Wurridjal v Commonwealth and XYZ v Commonwealth. As this list indicates, the fifth edition includes the groundbreaking 2009 decision in Pape, as well as the other key decisions of this year such as Clarke, K-Generation, Lane and Wurridjal. Significant changes in this new edition include: A rewritten first chapter to provide a more accessible introduction to the subject A rewritten and restructured chapter on characterisation to make this difficult area more accessible and to produce a more logical flow of concepts and material The separation out of the material on the trade and commerce power into a new chapter on the economic powers Major changes in the chapter on Indigenous peoples, such as to reflect the United Nations Declaration on the Rights of Indigenous Peoples and the Apology to Australia's Indigenous Peoples Changes to reflect legislative amendment in areas like citizenship law Rewritten material on federalism, especially in regard to fiscal federalism due to the Intergovernmental Agreement on Federal Financial Relations in force from 1 January 2009 New material on the defence power as it relates to terrorism and national security New material on the executive, such as in regard to the Crown and the nationhood power The division of the material on the separation of judicial power into three chapters (titled: Separation of Judicial Power; Judicial and Non-Judicial Detention and The Judicial Process) Revision of the material on human rights, such as to reflect the national charter of rights debate and the enactment of the Victorian Charter of Human Rights and Responsibilities 02 A new supplement Momcilovic v The Queen is now available. It is free and downloadable in PDF. 04 For detailed Table of Contents, see Supplement below. Foundations The Westminster ConstitutionPath to Independence Indigenous Peoples The Federal System The Engineers’ Case Constitutional Interpretation Inconsistency Federal ParliamentState Constitutions The Executive The High Court The Separation of Judicial Power Judicial and Non-Judicial DetentionThe Judicial Process Characterisation Economics Powers Defence Power International Law and the External Affairs Power The Immigration and Aliens Powers The Races Power The Industrial Relations Power Taxation and ExciseAppropriation and Grants Intergovernmental Immunities Civil and Political Freedoms Economic Freedoms Freedom of Political Communication Freedom of Political Communication Applied Constitutional Change Appendices 07 The happy collaboration of these two great legal scholars has made Australian Constitutional Law and Theory in the words of one reviewer, "the most comprehensive treatment of Australian Constitutional law available today." I have read each edition of the book and, despite the presence of other outstanding constitutional treatises, I agree with that opinion. Unsurprisingly, however, because the authors have added much new material and significantly rewritten many subjects, they have cutback on a good deal of material that appeared in the fourth edition. This, I think, has resulted in a tighter focus on the key contemporary constitutional issues such as federalism and judicial power. But it would be a serious mistake to think that Australian Constitutional Law and Theory is or ever was simply a student's casebook. Like its previous editions, it contains a wealth of material drawn from many writers and publications in addition to extracts from the cases, material which is often extensive and always relevant. In a review in the Law Institute Journal of Victoria, Michael Gronow said that, when he first read the extremely laudatory reviews on the back cover of a previous edition, he doubted whether any book could justify such enthusiasm. But he said he was wrong and that it was a book which one should own, read and revere, comments with which I entirely agree. - The Hon Michael McHugh's launch speech, Friday 19 February 2010. 07 Reviews of previous editions: The text is not limited to students; it is equally relevant to practitioners, researchers, government officials and politicians who need to appreciate and understand the principles and basis for our constitutional framework. … The fourth edition is comprehensive in its coverage.CJ King, Victorian Bar News A superb book. One of the best casebooks in any country that I have ever come across.Greg Taylor, Monash University [The third edition] is scholarly, informative, challenging and innovative. It certainly belongs on the shelf of anybody who is seriously interested in constitutional law.Alternative Law Journal, Vol 28(1), February 2003 Blackshield and Williams's new edition is a comprehensive guide to Australian constitutional law. Its real value, distinguishing it from similar texts, lies in its comprehensive coverage of Constitutionalism, Constitutional History, Sovereignty and Government. Further, the third edition introduces or expands material directly addressing issues of Human Rights, the Bill of Rights debate and Reconciliation. … [The book] provides an invaluable background resource for all things constitutional and governmental …. The third edition is a timely resource for Civil Libertarians who have an involvement in the processes of government.Civil Liberty, Issue 189, June 2002 The book is much more than a casebook. It contains a wide range of materials, including excerpts from a broad range of writers and commentators. The contents of the book do provide, as the authors claim in their preface, 'the materials and commentary needed to understand the doctrines and theories behind the law'. More than that, it contains materials relevant to many questions of general interest such as the role of the courts, the appointment and removal of judges and the republican debate, to mention but a few. … Indeed it is surprising how much the authors have succeeded in including in the book. That is all to the good. For too long, graduates have emerged from our Law Schools ill-equipped to participate in the contemporary controversies relating to topics which they have studied at the Law School.Sir Anthony Mason AC KBE A book of many useful and original insights. The authors helpfully stand back from the detail and reflect on the big questions - which is, after all, what constitutional law is usually about.Justice Michael Kirby AC CMG An excellent basis for teaching Australian constitutional law.Dennis Rose QC, Canberra Bulletin of Public Administration A source book par excellence for students of Australian law, politics and government … a careful, expert selection of extracts with high quality commentary and effective finding aids.Alan Rose, Victorian Law Institute Journal Students of constitutional law and politics will find it indispensable.The Australian Higher Education Supplement The text is a rich well edited and widely sourced collection of materials capable of sustaining wide-ranging and extensive research perspectives and primary source material.Peter Tsingos Brilliant! The best Australian casebook I have read in any area of law.Professor Neil Rees A text which is dynamic and refreshing … a comprehensive compilation.Cynthia Sneddon, Newcastle Law Review It has rapidly and deservedly become the leading available casebook for teachers and students of law interested in the theoretical dimension to the subject.Craig Arnott, Law Text Culture To the eyes of an Australian teacher of law this is an exciting variation on the legal casebook genre. Its choice of readings beyond the boundaries of black-letter law and the reflectively pedagogical way it introduces materials and discusses issues are ground-breaking. This time the range of sources is often inspired.Penelope Pether, Alternative Law Journal There is no doubt that the book will be of immense interest and utility to all readers. It is a mine of well-presented information relating to a variety of issues of the greatest importance to all Australians.The Law Letter (Law Society of Tasmania) It offers much more than the usual cases and materials text. In my view - and in the view of others - it is the most comprehensive treatment of Australian constitutional law available today.David Hodgkinson, Ethos (Law Society of the ACT) This is an exciting book. In only two years since the first edition, it has established itself as the leading Australian student casebook on its subject. It includes a wide-ranging and interesting collection of materials, and sparse but efficient commentary. It is a delight to leaf through, and even more of a delight to read carefully on a given topic…Students (and practicing lawyers) who read this book carefully will gain a rounded constitutional education. And they will have pleasure in doing so. When I first got the book, and read the extremely laudatory reviews on the back cover, I doubted whether any book could justify such enthusiasm. I was wrong. This is a book which one should own, read and revere.Michael Gronow, Law Institute Journal (Victoria) 04 01 http://www.federationpress.com.au/images/book/9781862877733.jpg 01 The Federation Press 20100202 The Federation Press IP 21 high medium 02 135.00 9781862877740 03 03 9781862877740 15 9781862877740 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862877740 1 A01 Tony Blackshield Blackshield, Tony Blackshield 2 A01 George Williams Williams, George Williams 5 944 L 01 This Abridged edition of Blackshield and Williams provides students with a concise and compact version of Australia’s leading constitutional law text. It has been customised to reflect the content of constitutional law subjects taught over one semester and reproduces only the essential chapters and materials from the thoroughly revised, updated and restructured fifth edition. Also available is the complete Standard edition, click here for details. 02 This Abridged edition provides a concise and compact version of Australia’s leading constitutional law text. It has been customised to reflect the content of constitutional law subjects taught over one semester and reproduces only the essential chapters and materials from the thoroughly revised, updated and restructured 5th edition. 04 To view and download detailed Table of Contents in PDF, click here Chapter 1 FoundationsChapter 3 Path to Independence Chapter 5 The Federal System (parts of) Chapter 6 The Engineers’ Case Chapter 7 Constitutional Interpretation (parts of) Chapter 8 Inconsistency Chapter 9 Federal Parliament (parts of) Chapter 10 State Constitutions Chapter 11 The Executive Chapter 13 The Separation of Judicial Power Chapter 14 Judicial and Non-Judicial DetentionChapter 15 The Judicial Process (parts of) Chapter 16 Characterisation Chapter 17 Economics Powers Chapter 18 Defence Power (parts of) Chapter 19 International Law and the External Affairs Power (parts of) Chapter 23 Taxation and Excise Chapter 24 Appropriation and Grants Chapter 25 Intergovernmental Immunities Chapter 26 Civil and Political Freedoms (parts of) Chapter 27 Economic Freedoms (parts of) Chapter 28 Freedom of Political Communication Chapter 30 Constitutional Change Appendices 04 01 http://www.federationpress.com.au/images/book/9781862877740.jpg 01 The Federation Press 20100202 The Federation Press IP 21 high medium 02 99.00 9781862873889 03 03 9781862873889 15 9781862873889 BB Australian Economy and Society series http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862873889 1 A01 M D R Evans Evans, M D R Evans 2 A01 Jonathan Kelley Kelley, Jonathan Kelley 336 JB 12 KC 12 KN 12 HB 12 Y 01 Special schools only price $40.00 See all titles in the Series This book considers education, work, and welfare in Australia over the last decades of the 20th century. The authors provide thoughtful analysis and authoritative data on the attitudes of Australians, and to absorbing questions of opportunity. The findings are clear, concise, and often surprising. The strongest bastion of trade-union support is not among factory workers, but among upper-level governmental employees. Australians may feel considerable sympathy for sufferers of life-style related diseases, but hold them responsible for their suffering. Large numbers of Australians find strong attractions in mutually contradictory industrial relations arrangements - often both valuing centralised bargaining and seeing important attractions in local negotiations and individualised contracts. Conflict over unemployment increases more in periods of high economic growth rather than in times of increased unemployment. Parents' participation in literary culture confers distinctive advantages on their children, above and beyond those stemming from the parents' education, wealth, and status. Government attacks on union power in the past decade have been accompanied by a parallel decline in union unpopularity. Australians would not support any further reduction in union power. A worker in a secure job would be as contented earning $10 an hour as a worker in an insecure job earning $14 an hour. Australians are hugely in favour of equal opportunities but strongly polarised over the desirability of equal outcomes. The book is a major work on contemporary Australia, which should be part of the reference collection in all libraries. 02 This first book in the series considers education, work, and welfare in Australia over the last decades of the 20th century. 04 Introduction Topic I - Education Snapshot: Government expenditure on education Why is education rewarded - Necessary skills or arbitrary credentialism? Snapshot: Secondary school completion since the 1960s Snapshot: Education in Australia, Canada and the United States Trends in educational attainment in Australia Snapshot: Educational eifferences among the States Snapshot: Gender differences in university education in six nations Does mothers' employment affect children's education? Cultural resources and educational success: The beaux arts versus scholarly culture Snapshot: Private and public schools: Changes in the past 15 years Private schools and educational success Adult education and training through informal courses Confidence in universities Topic II - Employment Participation in the labour force Snapshot: Self-employment and occupation Snapshot: Do we quarrel over housework? Job complexity How much is job security worth to employees? Snapshot: Jobs: Government's responsibility Snapshot: Australian jobs in comparative perspective Snapshot: Jobs changed - politics or technology? Snapshot: Downsizing trends: Workers' experiences Organisational downsizing Topic III - Industrial Relations Snapshot: Australia 2001: A good industrial relations system? Ideals about industrial relations in Australia, Finland, and Poland Snapshot: Union membership Changing attitudes towards trade unions in Australia: 1984-1999 Topic IV - Political Economy Snapshot: Unemployment since 1900 Conflict between the unemployed and workers in 20 nations Class and class conflict in Western nations Equal opportunities or equal outcomes? Changing attitudes toward income inequality in East and West Attitudes to foreign trade in 16 nations Changes in public attitudes toward labelling genetically modified foods, Australia 1994 to 2000 Topic V - Health and Welfare Medical care and risky conventional lifestyles: Blame, sympathy, and financial responsibility Snapshot: Childhood asthma: Changes over time Smoking: Social patterns in Australia Health benefits and potential budget savings due to pets: Australian and German survey results Costs of children and living standards in Australian households Topic VI - Retirement Work commitment of older Australians What form should government old age pensions take: Citizen attitudes Householders' preferences for superannuation Appendix: Data, measurement and methods References/ Index 07 This book should be read and purchased if you are interested in an analytical, concise treatment of a broad range of current social and economic issues that face Australia and a number of other Western countries. Certainly, this individual publication is likely to age reasonably quickly. Its use as both a reference point and source should be seriously considered by those readers with a thirst for well-founded research and/or the need to provide concise content for later-year university students who are easily daunted by extensive academic tracts but who can follow an academic analysis if it is expressed in a brief format. This source can be used by academic educators to build both deeper comprehension and understanding. While some of the technical explanations may be somewhat daunting, the vast majority of the graphical tools used to illustrate points made in in the text are clear and straightforward. This book is recommended for reference lists and to maintain your current understanding of the Australian economy and its society. - International Journal of Employment Studies Vol 13(1), April 2005 07 The authors examine social differences over time and across nations using their accumulated wealth of survey data. The scale and the scope of their data is impressive, with a total pool of over 50,000 respondents describing their experience of, and attitudes towards, issues as varied as educational attainment, mothers’ employment histories, cultural capital, adult education, labour-force participation, job complexity, organisational downsizing, unions, unemployment, equal opportunity, genetically-modified food, medical care, smoking, pet ownership, retirement and superannuation. Readers of Labour & Industry will find a rich source of information and analysis relevant to industrial relations and workplace change. The book dispels any misconception that quantitative sociology is invariably dry. Evans and Kelley (and their other contributors) possess a gift for describing their research in an engaging manner. The chapters are concise and readable and the data is contextualised with introductions and conclusions explaining how the results shed light on sociological and political controversies. … The analysis presents some sober questioning of the impact of the forces of globalisation and the ideology of neo-liberalism on Australians … In this sense this book is a fascinating companion for Michael Pusey’s recent survey, The Experience of Middle Australia. … In many places in this book, Evans and Kelley come to similar findings to Pusey, especially their impression that most Australians are more comfortable with a hybrid model between the state and market, and the tendency of most Australians to eschew extremes. On the other hand, Evans and Kelley present a more optimistic interpretation of recent social and attitudinal trends than Pusey. … There is enormous potential for academics to use this book to encourage students to explore quantitative research … [The] lively prose brings the statistics to life. Evans and Kelley provide a provocative, stimulating and readable account of social trends from the perspective of those who have experienced the changes within Australian society over the past 20 years. - Labour & Industry, Vol 14(3), April 2004 07 This important work on contemporary Australia creatively presents data on shared and divergent attitudes among Australians, social trends over time, comparisons among social groups, and comparisons with other nations. The book is distinctive in using large, representative samples of Australians and persons from other nations to make conclusions and inferences …. The surveys are nationally representative and, depending upon the topic under investigation, permit the authors to make generalizations to the populations as a whole. With the improvements in measurement theory and survey questionnaire design, the authors can provide authoritative statements about people’s attitudes and behaviours … Readers concerned about empirical social science will welcome the multivariate models featured in the book, especially since most of its predecessors which aimed for the same grand scale and scope, often omitted multivariate models. … [There are] some fascinating findings in the book. Some of the more notable findings include workers’ desires for job security even if it means less pay; stronger support for trade unionism among public servants than among blue collar workers; Australians’ desires to see the influence of unions no further weakened after many years of sustained government efforts to do so; a tension between Australians’ feeling sorry for their fellow Australians who have suffered from diseases as outcomes of risky health behaviours on the one hand, yet also feeling one must take responsibility for one’s own lifestyle choices on the other hand. And, lastly, a finding that Australians do more complex jobs than their counterparts in five European nations, but that complexity is not the most important determinant of salaries. Rather, the apparent determinants of Australian salaries are status and maleness. The book accomplishes its goal of clearly and concisely presenting its findings and interpreting what they mean for contemporary Australian life. … the work is essential reading and it offers researchers, policymakers, and others concerned about Australia’s future a myriad of social and economic data in one source. If this book is indicative of future volumes in the series, then the series will have great utility. - Journal of Population Research, Vol 20(2), 2003 07 How many of us enjoy a rousing debate on public policy or social theory? … Many of these discussions, although interesting in their own right, are flush with theories advanced without much evidence. To an extent that’s part of the fun, but this is just the sort of book I’ve been waiting for. The title scared me. I anticipated a dry regurgitation of statistics, but it’s much more. The authors have pieced together a fascinating book covering six broad areas: Education, Employment, Industrial Relations, Political Economy, Health and Welfare, and Retirement. They draw on the results of three major surveys, giving a total pool of over 50,000 samples. Within these six broad areas, a number of specific questions are posed, the surveys' evidence presented and conclusions drawn. This is done in the context of the three themes: social differences, changes over time and international comparisons. Some of the examinations relate to public attitudes and opinion, others are based on empirical data. … In this review I am unable to list all the questions addressed, but a few examples will demonstrate the tone of the work. Is education a waste of time? Do students in private schools do better than students in government schools? How much is job security worth to employees? Is joint bargaining between unions, employers and government the best way to set wages and economic policy? Why is there so little social conflict? What do Australians think of genetically engineered food? How much does it cost to raise children? Why do people retire at such an early age? What do people think about superannuation? That’s merely a sample. Their 27 topics covered. … [The book] is a very representative sample of social issues. Furthermore [it] has an open style and good use of charts, making it accessible. … What were the results and outcomes of these analyses? … [One topic] might be illustrative. Chapter 10 deals with job complexity. Australia has comparatively complex jobs, it seems, when compared to five European nations. But what is fascinating is that job complexity rated behind most other factors in determining the salary of employees in this country. … In Australia we reward status and maleness measurably above all else. Perhaps that explains the whopping salaries paid to some corporate directors. But that’s where the fascination is really only beginning. [A]nother chapter (18) discussed changing attitudes to income inequality. … Australians felt that a chairperson [of a large national corporation] should earn 2.8 times more than the average worker. But Australian corporations actually determine salary more by position, status and maleness than by anything else (and the ratio of inequality is more like a factor of 10 to 1). Surely anyone involved in public policy can see the implications of that tension. - Industrial Relations Society of SA Newsletter, November 2002 04 01 http://www.federationpress.com.au/images/book/9781862873889.jpg 01 The Federation Press 200210 The Federation Press IP 21 medium medium 02 75.00 9781862874510 03 03 9781862874510 15 9781862874510 BB Australian Economy and Society series http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862874510 1 A01 M D R Evans Evans, M D R Evans 2 A01 Jonathan Kelley Kelley, Jonathan Kelley 368 HR 12 HP 12 HB 12 Y 12 JB 01 Special schools only price $40.00 See all titles in the Series How many people believe in God? How often do Australians go to church? How many people think that species emerge from the process of natural selection by survival of the fittest? This volume concerns a range of moral issues and worldviews, focussing on two worldviews that are fundamentally important in Australia at the dawn of the 21st century: Christian belief and the scientific worldview. This is a great starting point for discussions on today’s hottest ethical issues. The book presents a dispassionate, balanced presentation of excellent public opinion data spanning the range of views in Australia today. Classes on contemporary Australian society, and classes on values and ethics will both discover a wealth of material in this book on topics ranging from homosexuality to abortion to genetic modification to foreign aid to national identity. It describes these community bioethics and examines the worldviews and moral reasoning processes that Australians use to arrive at their ethical judgments. Accessible graphical presentations of results are underpinned by state of the art statistical analyses. International, comparative data are also presented on many issues. 04 Introduction Part I: Religion Religious belief in Australia Research note: Factor analysis Research note: Going to church makes people happier Keeping the faith? Catholics, Anglicans and other denominations in Australia Christian belief and church attendance in 30 nations Jonathan Kelley and Nan Dirk De Graaf National context, parental socialisation and religious belief Jonathan Kelley and Nan Dirk De Graaf Australians’ views about the theory of evolution Research note: Life on Mars Religion and politics in 28 nations Should clerics refrain from politics? Separation of church and state in Australia, with international comparisons Part II: Morality and Public Policy Attitudes towards homosexuality in 29 nations Attitudes to abortion: Australia in comparative perspective Jonathan Kelley, MDR Evans and Bruce Headey Becoming a person: Australian public opinion on when an embryo is human Stem cells: Public opinion on treatment and research using foetal tissue MDR Evans, Jonathan Kelley, and Esmail D Zanjani Public approval of foetal stem cell use depends on the intentions of the donor MDR Evans, Jonathan Kelley, and Esmail D Zanjani Should cloning be allowed? Public attitudes in Australia, 2002 Research Note: Aims for scientists Ideology and fear of genetic engineering: Public opinion in Australia 1993-2002 Moral feelings about tax cheating and welfare fraud in 29 nations Research note: Volunteer work benefits the giver as well as the receiver Charity work: International differences and Australian trends Research note: Money buys happiness, but not much Global inequality: Moral obligation of wealthy nations? Attitudes in 26 countries in 1999-2000 Joanna Sikora National goals: Survey data from 24 nations Appendix: Data, methods and measurement References/ Cumulative index/ Cumulative index of names 07 This volume is a reference book primarily about religion and morality in Australia, looking at recent behaviour and opinions up to 2002 and trends since 1984. It is packed with useful findings based on large national samples … Some of the chapters have interesting international comparisons … Overall, the book provides an important contribution on how Australians think and act on a wide variety of religious and moral issues. Anyone interested in religion and morality in Australia will use the book as a valuable resource. - International Journal of Public Opinion Research, Vol 17(4) 04 01 http://www.federationpress.com.au/images/book/9781862874510.jpg 01 The Federation Press 20040824 The Federation Press IP 21 medium medium 02 75.00 9781862871885 03 03 9781862871885 15 9781862871885 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862871885 A01 Carol Foley Foley, Carol Foley 232 Y 12 HB 12 JP 01 The present flag Australian was designed in 1901. This book provides an objective and balanced basis upon which you can answer the fundamental questions: Why does Australia have a flag? What flags and emblems has Australia had? Who has the legal power to decide whether or not the Australian flag needs to be changed and, if it does, who has the power to choose the new design? Everything is here, including an expansive selection of illustrations which range from topical cartoons through to colour reproductions of most of the Australian Flags (past, present and proposed), to enable you, the reader, to make up your own mind about the Great Flag Debate. 02 This book presents an expansive selection of illustrations which range from topical cartoons through to colour reproductions of most of the Australian Flags - past, present and proposed. 04 The Origin and Significance of Flags The History of the British Flags and the Development of the Flags of the Australian Colonies The Quest for an Australian National Flag The Winning Designs: Form, colour and symbolism The Legal Status of the Australian National Flag Civil Liberties and the Australian National Flag The Great Flag Debate: the choice Conclusion Endnotes/ Select Bibliography/ Index 04 01 http://www.federationpress.com.au/images/book/foley.JPG 01 The Federation Press 199601 The Federation Press IP 20 medium medium 02 33.00 9781862874343 03 03 9781862874343 15 9781862874343 BC NSW Sesquicentenary of Responsible Government http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862874343 A01 Colin A Hughes Hughes, Colin A Hughes 368 JP 12 Y 01 This handbook completes Emeritus Professor Colin Hughes' major reference work on Australian government and politics in the 20th century. It is a sequel to three earlier volumes published in 1968, 1977 and 1986, which have become standard research tools for Australian historians and political scientists. It details, firstly, all members of all Australian ministries, cabinets and portfolios, with dates and notes, and secondly, voting information (both upper and lower houses of Parliament) for all general elections, Commonwealth, State and Territory, held between 1985 and 1999. It thus gathers together in the one book information which is otherwise scattered through a number of official publications, some not widely available. This consolidation and annotation follows the format established in the three earlier volumes and will join them as an indispensable reference work. A NSW Sesquicentenary of Responsible Government publication. 04 Acknowledgments / Guide to the Handbook Part One THE COMMONWEALTH Governors-General / Cabinet Law / Cabinet Lists / Portfolio Lists NEW SOUTH WALES Governors / Cabinet Law / Cabinet Lists / Portfolio Lists VICTORIA Governors / Cabinet Law / Cabinet Lists / Portfolio Lists QUEENSLAND Governors / Cabinet Law / Cabinet Lists / Portfolio Lists WESTERN AUSTRALIA Governors and Deputy Governors / Cabinet Law / Cabinet Lists / Portfolio Lists SOUTH AUSTRALIA Governors / Cabinet Law / Cabinet Lists / Portfolio Lists TASMANIA Governors, Lieutenant-Governors and Administrators / Cabinet Law / Cabinet Lists / Portfolio Lists Part Two THE COMMONWEALTH Electoral Law / Elections NEW SOUTH WALES Electoral Law / Elections VICTORIA Electoral Law / Elections QUEENSLAND Electoral Law / Elections WESTERN AUSTRALIA Electoral Law / Elections SOUTH AUSTRALIA Electoral Law / Elections TASMANIA Electoral Law / Elections 07 This is the fourth in a series of major reference works on Australian government and politics in the 20th century and covers the period 1985-99. It is intended to become a standard research tool for Australian historians and political scientists, but would be useful also for a broader readership interested in the historical detail of Australian elections and governments. The book is divided into two parts. Part I lists Commonwealth Governors-General and State Governors. It also lists Commonwealth and State Cabinets and Portfolios and major statutes enacted during the period relating to Cabinet law. Part II provides details of changes to electoral laws and summaries of election results for the Commonwealth and the States. Brief notes on party leadership changes are also provided for each period. The election results for the House of Representatives and the Senate and the State lower and upper houses are succinctly and clearly presented to give the reader ready access to the results, including the number of seats contested, the number of voters, the percentage total of vote by each party and independents and the number of seats won by each party and independents. This is intended to be the last hardcopy publication in the series … The passing into history of this series will be a great loss to the discipline and the researchers who have drawn their sustenance from it. - Australian Journal of Political Science, Vol 239(1), March 2004 07 This volume concludes Colin Hughes’s self-imposed 40 year task of assembling compendia of Australia’s federal and state electoral results, cabinet lists and lists of governors and governors-general from 1890 to 1999. The final instalment covers the period 1985 to 1999, from Hawke to Howard, Wran to Carr, or Cain to Bracks. It also covers the advent of the Greens and the rise and fall of Pauline Hanson’s One Nation. As in previous volumes, changes in electoral law are explained and there are useful explanatory notes. … Researchers in Australian political history will forever be in debt to Colin Hughes for his unrivalled and Herculean contribution. - Reviews in Australian Studies, Vol 1(2), April 2006 04 01 http://www.federationpress.com.au/images/book/hughes.JPG 01 The Federation Press 200210 The Federation Press IP 20 medium medium 02 49.50 9781862870963 03 03 9781862870963 15 9781862870963 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862870963 A01 Australian Federation of AIDS Organisations Australian Federation of AIDS Organisations Australian Federation of AIDS Organisations 2 674 J 12 VF 12 YH 12 KN 01 A fundamental tool for any lawyer with clients who suffer from, or are providing services to, people with HIV/AIDS. 02 A fundamental tool for any lawyer with clients who suffer from, or are providing services to, people with HIV/AIDS. 04 Public Health Transmission Offences Privacy & Confidentiality Anti-Discrimination & Equal Opportunity Medical Treatment Sexual Behaviour Injecting Drug Use Sex Industry Prisoners & the Criminal Justice System Euthanasia, Suicide and Natural Death Procedures upon Death Immigration Censorship & Media Standards Therapeutic Goods Compensation Insurance & Superannuation Employment Family & Children References/ Index 04 01 http://www.federationpress.com.au/images/book/9781862870963.jpg 01 The Federation Press 199304 The Federation Press IP 21 low medium 02 49.50 9781862873698 03 03 9781862873698 15 9781862873698 BB http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862873698 B01 Michael White White, Michael White 2 544 L 01 The changes since the first edition in 1991, are extensive. Chapters on Constitutional Background and Jurisdiction of Courts and Prize; Prize Salvage; Bounty and Ransom have been brought up to date. Chapters on Actions in Rem; Arrest of Ships; Maritime Liens, Carriage of Goods by Sea, Sea Carriage Documents, Marine Insurance, Charterparties and Maritime Securities have been reworked and updated, whilst the chapter on Navigation; Collisions and Liability; Marine Inquiries has been almost completely rewritten to include many issues not covered in the first edition. The chapter on Salvage; Towage; Wreck and Pilotage had to be rewritten to take account of amendments to the Navigation Act 1912 (Cth), which give effect to the International Convention on Salvage 1989 that changes much of the law. The chapter on Limitation of Liability also had to be completely rewritten, to take account of the Convention on Limitation of Liability for Maritime Claims 1976. The Convention has been implemented in Australia by the Limitation of Liability for Maritime Claims Act 1989 (Cth). Finally, the chapter on International Maritime Institutions is a new addition to the book. Professor Gold's chapter on International Maritime Organisations gives an introduction to the large number of international maritime entities that play an important role in marine law. The law discussed in the text is as at May 2000 for most chapters. Foreword by The Rt Hon Sir Ninian Stephen AC, GCMG, GCVO, KBE "Some 10 years ago I welcomed into Australian legal literature the first edition of Australian Maritime Law, edited by Michael White. Now, as any successful legal text should do, it has experienced a re-birth in this second edition, which not only brings the text up to date but includes much new material in this dynamic area of law. It includes one entirely new chapter all about no less than 37 international maritime institutions, both governmental and non-governmental, ranging from the well known International Maritime Organisation to the International Maritime Lecturers Association...." 04 Constitutional Background and Jurisdiction of Courts Hon Dr Howard E Zelling AO CBE QC and Dr Michael White QC Actions in Rem - Arrest of Ships - Maritime Liens Associate Professor Damien Cremean and Sandy Thompson SC Carriage of Goods by Sea Franes Hannah and Anthe Philippides SC Sea Carriage Documents Frances Hannah and Professor Robert Grime Marine Insurance Associate Professor Damien Cremean Charterparties Dr Sarah Derrington and Andrew Panna Maritime Securities Peter M McDermott and Justice Richard Cooper Navigation - Collisions and Liability - Marine Inquiries Alexander W Street SC and Blake Larkin Salvage, Towage, Wreck and Pilotage Dr Michael White QC Limitation of Liability Dr Michael White QC Prize, Prize Salvage, Bounty and Ransom Dr Michael White QC Shipping and International Organisations Professor Edgar Gold CM QC Appendices The Admiralty Act 1988 (Cth) Admiralty Rules Summary of Status of IMO Conventions International Convention on Salvage 1989 Lloyd's Standard Form of Salvage Agreemtn (LOF 2000) Limitation of Liability for Maritime Claims Act 1989 (Cth) 1996 Protocol to the Convention on Limitation of Liability for Maritime Claims 1989 Table of Cases/ Table of Statutes/ Table of Conventions/ Index 07 The preface states that the book aims to fill the need for an up-to-date Austrlaian general text which covers the major distinct areas of maritime law, summing up the publication very well. ... The second edition is a timely update and follows the same formula as the first. All chapters have been reviewed or completely rewritten to incorporate changes in the law over the past nine years. The authors of the various chapters are well known and respected ... The second edition of 'Australian Maritime Law' will be a valuable acquisition for students of maritime law and for practitioners ... Indeed, all those in the maritime industry whose duties or activities include an involvement with maritime law will find the book of great practical assistance. - Proctor (Queensland Law Society), March 2001 07 This is the second edition of a well-known, indeed classic, Australian textbook. ... a new edition of this book is welcome. Notwithstanding that it is the work of mnay hands, this book gives a comprehensive and thorough coverage of the main areas of maritime law from an Australian persepective. ... For the new edition, every chapter has been updated. Some have also been substantially reworked and some largely rewritten, including much new material. The result is a book which is significantly longer than the first edition and which leaves even fewer gaps in its coverage of the area. This is in line with the editor's aim to produce a comprehensive text treating every major aspect of the subject, rather than just a collection of essays about various parts of it. For that reason it can safely be used by practitioners as a textbook, notwithstanding the diversity of authorship. I think this second edition is likely to have as devoted a following as the first. The eminence of many of the authors and the thoroughness and clarity of their treatment of the subject matter make it a place which practitioners with maritime or admiralty problems will want to visit early in their research. It is a useful complement to other Australian works in the field, and an excellent stand-alone text. - Law Institute Journal (Victoria), June 2001 07 The elite of Australia's maritime academics have gathered under Michael White's editorship … [His] second edition clothes the dry bones of legislation with the sparkling robe of insight into how cargoes are shipped, their insurance, finance, navigation and, unfortunately, their salvage. Marine environment and international law of the sea are not included, however, White's work on oil spills - Marine Pollution Laws of the Australasian Region [Federation Press], 1994 - is a most useful reference. Of particular note in the revisions to Australian Maritime Law are Alexander Street SC and Blake Larkin's amendment of the chapter on collisions and groundings to include a broader discussion of liability and maritime inquiries. … Peter McDermott expands his work on ship mortgages to include finance issues and the application of general law principles. This comprehensive chapter includes mortgages, discharge, transfers, priority, caveats and deregistration, indeed, all matters where the Shipping Registration Act 1981 has relevance to securities. The chapter concludes with admiralty's perennial controversy: the cargo securities and liens that often pose problems in practice. … White has produced yet another successful maritime law text that should be in the libraries of all commercial lawyers. - Law Society Journal (NSW), Vol 39(7), August 2001 07 Simply to read this review does not automatically give one an appreciation of the depth of this book. I found it immensely interesting and educational. - Law Society of Tasmania Newsletter, September 2001 07 [Despite being a specialised area of practice, maritime law] is a fun subject to read about. The chapters of this work are filled with maritime and admiralty language so vivid ... that it conjures Hornblower-like imagery of life and the law on the high seas. ... However, for those who practise in this important area, or are caught in its controversies, this work is a most valuable reference. - Ethos (Law Society of the ACT), December 2001 04 01 http://www.federationpress.com.au/images/book/9781862873698.jpg 01 The Federation Press 200010 The Federation Press IP 20 medium medium 02 99.00 9781921113055 03 03 9781921113055 15 9781921113055 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781921113055 1 A01 Terry Carney Carney, Terry Carney 2 A01 David Tait Tait, David Tait 3 A01 Julia Perry Perry, Julia Perry 4 A01 Alikki Vernon Vernon, Alikki Vernon 5 A01 Fleur Beaupert Beaupert, Fleur Beaupert 368 VF 12 MB 12 L 12 J 01 This monograph provides a comprehensive examination of mental health tribunal hearings in Australia. It deals with a wide and far-reaching landscape of theories and concepts and their practical application to the day-to-day operations of the tribunals in New South Wales, Victoria and the Australian Capital Territory. The study is extensive and broad in its approach, going beyond a critical assessment of the individual tribunals to an examination of the supporting mental health services, and of the complex area of human rights as they relate to the care and treatment of people with a mental illness. It documents the universal tensions between the ‘pragmatic’ (what is ‘affordable’ and ‘politically acceptable’), the ‘normative’ (human rights and common law principles) and the ‘evidence based’ (what ‘works best’). The entire discourse is framed within a concern to uphold the rights of those living with a mental illness and a desire to bring about paradigm-shifting changes to improve mental health processes for all stakeholders. It presents considered views on tribunals’ future directions, commending existing ‘good practices’ and charting possible directions for reform of legislation and operations. 02 This monograph provides a comprehensive examination of mental health tribunal hearings in Australia. It deals with a wide and far-reaching landscape of theories and concepts and their practical application to the day-to-day operations of the tribunals in New South Wales, Victoria and the Australian Capital Territory. 04 Introduction Human Rights Frameworks Mental Health laws and processes Theoretical frameworks and prior research findingsA legal, health or social domain? Statistical overview of the three mental health tribunals The pre-hearing journey towards a hearing The substantive “workings” of hearings Cognate “spaces” around and after hearings Overview and Recommendations Future Directionsfor Australian mental health tribunals? AppendicesBibliography 04 01 http://www.federationpress.com.au/images/book/9781921113055.jpg Themis Press 01 The Federation Press 20111129 The Federation Press IP 21 medium medium 02 74.95 9781862877429 03 03 9781862877429 15 9781862877429 BB http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862877429 A01 Michael White White, Michael White 508 L 12 LB 01 Australian Offshore Laws brings together in one place a reference to all laws that apply to offshore Australian waters for the benefit of legal practitioners, regulators, academics and students. It demonstrates the unnecessary complexity of the Australian offshore legal regime and proposes, as a first step towards reform, a review of the Offshore Constitutional Settlement of 1979 (OCS 1979). It discusses the manner of present drafting of such laws as many Commonwealth, State, and Territory laws apply offshore but few are drafted in a manner which identifies their limits or recognises their interaction with other offshore laws of with the OCS 1979. 02 This book is a scholarly examination of the legal relationship between humans and animals in Australia and New Zealand. It asks whether existing laws really do protect animals, and, where the law comes up short, how it could be improved. The questions explored go beyond animal welfare and challenge the reader to think about the nature of legal interests, and practical and ethical contexts for a range of laws. 04 Introduction and Background to Offshore Laws Offshore Constitutional Laws Offshore Petroleum, Mining and Installations Laws Offshore Criminal Laws Offshore Defence Laws Offshore Immigration Laws Offshore Fisheries Laws Offshore Customs, Quarantine and Excise Laws Antarctica and Southern Ocean Territories Laws Offshore Territories Laws Offshore Shipping Laws Offshore Geographical Areas Summary and Proposals for Reform Annex 1: Offshore Constitutional Settlement: A Milestone in Co-operative Federalism Annex 2: Offshore Constitutional Settlement: Selected Statements and Documents 1978-79 Index 07 ...this book would make an invaluable addition to the library of law schools and legal practices that require guidance on offshore laws. As the author is a leading academic in shipping law, this book naturally places some emphasis on maritime law and therefore should not be missed by practitioners in this industry! - ACT Law Society Newsletter, Ethos, March 2010 04 01 http://www.federationpress.com.au/images/book/9781862877429.jpg 01 The Federation Press 20091126 The Federation Press IP 21 medium medium 02 195.00 9781862878549 03 03 9781862878549 15 9781862878549 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862878549 1 A01 Pam Stewart Stewart, Pam Stewart 2 A01 Anita Stuhmcke Stuhmcke, Anita Stuhmcke 3 720 L 01 Now in its third edition Australian Principles of Tort Law continues to provide currency, depth of analysis, and clear instruction as to how to approach this challenging area of law. This edition incorporates the latest materials and includes observations as to the scope and content of the growing body of legal interpretation of the tort law reform legislation across all jurisdictions, as courts throughout Australia interpret and apply the challenging legislative provisions. Stewart and Stuhmcke succeed in clarifying a conceptually difficult area of law across all Australian jurisdictions. They discuss an excellent range of cases (geographical and hierarchical), explain the relevance and applicability of the tort law reform legislation, and detail the impact and importance of the 'Ipp Report'. 02 Now in its third edition Australian Principles of Tort Law continues to provide currency, depth of analysis, and clear instruction as to how to approach this challenging area of law. This edition incorporates the latest materials and includes observations as to the scope and content of the growing body of legal interpretation of the tort law reform legislation across all jurisdictions, as courts throughout Australia interpret and apply the challenging legislative provisions. 04 Introduction to the law of tortsThe nature of intentional tortsIntentional torts to the personActions on the cases for physical injuries or nervous shockTrespass to landIntentional torts relating to goodsDefences to intentional tortsIntroduction to negligence and duty of careBreach of dutyScope of liability: CausationScope of liability: Remoteness of damageProofDefences to negligence: contributory negligence, voluntary assumption of risk and statutory defencesThe Framework of the NSW Civil Liability Act 2002Personal liability of criminals, volunteers, good samaritans and apologistsAtypical plaintiffs and specific duty issuesNegligently caused pure economic lossLiability of statutory authorities in NegligenceThe Tort of Breach of statutory dutyVicarious liability and non-delegable dutiesNuisanceRemediesDeathContribution among Tortfeasors 07 Reviews of previous edition The text carefully goes through the principles and cases on torts to the person, actions on the case for physical injuries and nervous shock, trespass to land, torts relating to goods, defences to intentional torts, negligence and duty of care, breach of duty, causation, remoteness of damage, defences to negligence, the NSW Civil Liability Act 2002, Personal Liability of criminals, Good Samaritans and apologists, atypical plaintiffs, pure economic loss, liability of statutory authorities, breach of statutory duty, vicarious liability and non-delegable duties, nuisance, remedies and contribution amongst tortfeasors. - Jane Grace, Principal Lawyer, Ethos, ACT Law Society, June 2009 07 This accessible work make a fascinating and interesting area of law digestible and relevant. It provides essential reaidng and guidance on tort law and makes a valuable contribution to scholarship in the file. Its clear and comprehensive style makes it an accessible book for all those interested in tort law - Law Society of South Australia, June 2009 04 01 http://www.federationpress.com.au/images/book/9781862878549.jpg 01 The Federation Press 20120215 The Federation Press NP 10 20120215 medium medium 02 95.00 9781862873872 03 03 9781862873872 15 9781862873872 BB http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862873872 A01 Paul Constantoura Constantoura, Paul Constantoura 414 A 12 C 12 HB 12 JB 01 This book is the full version of the Saatchi and Saatchie report, Australians and the arts. It provides detailed answers to the questions raised about how Australians really see the arts. A snapshot of the main findings can be viewed in more than 90 boxes which offer easy-to-read explanations of the outcome of the national survey of Australian’s attitudes towards the arts. However, for those interested in the more detailed analysis, there are almost 100 charts and tables in the body of the report. These are accompanied by a full explanation of how the survey was conducted, how people responded and what each finding means for promoting the value of the arts to all Australians. It is supplemented by almost 200 additional charts and tables on the associated CD-ROM which also includes quotes of the views expressed by people participating in the study. 04 Foreword - The Australia Council Foreword - Saatchi & Saatchi Table of contents - detailed Book guide Comparison of book with CD-Rom List of comments/ List of recommendations/ List of profiles/ List of tables/ List of graphs and figures Australians and the arts - a snapshot Fierce argument - the groups for and against the arts To value, like or dislike the arts - the big questions The place of the arts in modern life Defining and explaining the arts Enjoying and being involved in the arts The importance of background and lifestage in shaping attitudes The arts today and in the future Appendices The formal recommendations The elements of a strategy The attitudinal segments in detail About the study 04 01 http://www.federationpress.com.au/images/book/9781862873872.jpg 01 The Federation Press 200110 The Federation Press IP 21 medium medium 02 75.00 9781862872608 03 03 9781862872608 15 9781862872608 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862872608 A01 Jim Macken Macken, Jim Macken 232 KN 12 L 01 This is a compelling read. Macken speaks through the eyes of Billy Luscombe, an old union man who reviews and dreams of the past and the future of unions. Together, they examine the effects of the modern cultural changes on the union movement in Australia. They explain the nature of secular change and reviews the mistakes made by the unions in trying to handle such change. They point to successful unions and the reasons they have grown when other unions have declined.Optimistic about the future of unionism, they speculate on the differing forms such unions will take. Macken cleverly deals with the future of Australia’s union movement in an entertaining way. This is a must read for unionists, industrial relations personnel and all Australians who care about rights, and all those who hope for the future. 'In Australia’s Unions Macken argues that the employment revolution challenges us all, how unions and governments should cope with it, how individuals must apparently come to terms with mid-life retraining, shifting families from a home town to chase work wherever it can be found. Macken sees part of the solution in worker co-ops and union sponsored employment agencies. But these, like the Unemployed Workers Union, are micro solutions to a very macro problem. They will help some; others, perhaps many, will miss out.…' Mark Hearn, Southland 04 Prologue: The last rites ‘Allons enfants . . .’ A revolution Schism in the soul How many revolutions? Pessimism of intellect The corporate revolution The end of the nation states The employment revolution The wages revolution The hours revolution The managerial revolution The demographic revolution The female revolution The technological revolution Workers . . . but not employees The breakdown of cultural structure The end of strikes Pessimism of intellect Optimism of will Back to basics The mining industry The textile and clothing trades The finance sector The road transport industry Union employment agencies Union services The cultural revolution at mid-point Renaissance The responses of archaism and futurismThe ‘dialectic of disintegration’ Tomorrow belongs to us . . . Epilogue 04 01 http://www.federationpress.com.au/images/book/mackendeath.JPG 01 The Federation Press 199707 The Federation Press IP 21 medium medium 02 29.95 9780701209780 03 03 9780701209780 15 9780701209780 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9780701209780 A01 Nirad C Chaudhuri Chaudhuri, Nirad C Chaudhuri 516 CV 12 HB 12 C 01 This remarkable book vividly evokes the first 24 years of the author's life in Calcutta and in his ancestral village in East Bengal. First published in 1951, it rapidly established itself as a classic work combining intimate memoirs with a sweeping, highly individual survey of Indian history and culture in the final era of the Raj. VS Naipaul said about this Autobiography:"...may be the one great books to come out of the Indo-English encounter. No better account of the penetration of the Indian mind by the West - and, by extension, of the penetration of one culture by another - will be, or now can be written." 04 Early Environment My Birthplace My Ancestral Village My Mother's Village England First Twelve Years My Birth, Parents and Early Years Torch Race of the Indian Renaissance Enter Nationalism Postscript: We leave Kishorganj Education Calcutta Experiences of Adolenscence Citizen-student Initiation into Scholarship Into the World Man and Life in Calcutta New Politics Vanishing Landmarks An Essay on the Course of Indian History 04 01 http://www.federationpress.com.au/images/book/Chaudhuri.jpg 01 The Federation Press 199101 The Federation Press IP 20 medium medium 02 21.94 9781862874664 03 03 9781862874664 15 9781862874664 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862874664 1 A01 George Hampel Hampel, George Hampel 2 A01 Daniel Gurvich Gurvich, Daniel Gurvich 96 L 01 Bail decisions are invariably urgent. There is rarely time for detailed reasons or exhaustive canvassing of authorities, and the ex tempore judgments are usually no more than a mere application of the statute to the facts of the case. Decision-makers balance competing considerations amidst varying circumstances, and, taking different views, arrive at inconsistent decisions. The advocate inevitably has enormous influence on this decision: advocacy skills become the difference between success and failure. Professor George Hampel, formerly Justice of the Supreme Court of Victoria, and Daniel Gurvich of the Melbourne Bar, identify and address all the issues judges, magistrates and advocates in Victoria need to understand. The authors provide the means to understand the complex scheme of the Bail Act 1977 as amended, and thoroughly explain the way the principles governing bail are applied in practice. They include statements of principle from unreported Supreme Court decisions at the same time emphasising the danger of arguing from those decisions for a particular result. 02 The authors provide the means to understand the complex scheme of the Bail Act 1977 as amended, and thoroughly explain the way the principles governing bail are applied in practice. 04 Part 1 - Legislative/Legal Framework The decision to grant Bail Who may grant Bail The scheme of the Bail Act Part 2 - Applications of the Principles under the Bail Act Refusal of bail Exceptional circumstances Unacceptable risk Show cause Principle of parity in bail Part 3 - Conditions, Surety & Variation Conditions of release on bail Surety Variation of bail Part 4 - Circumstances Affecting Continuation of Bail Failure to answer bail Breach of bail Revocation of bail Part 5 - Bail at Committal and Trial, and Following Trial Committal bail Bail at trial Bail pending sentence Bail pending appeal Bail in cases of extradition Part 6 - Appeals Appeal against refusal of bail or conditions of bailAppeal by DPP against the grant of bail Part 7 - Bail in Federal Offences Part 8 - Bail in the Children's Court Application of the Bail Act to children Special Procedures with respect to children Refusal of bail Children already undergoing sentence Young offenders Part 9 - Evidence and Practice in Bail Applications Evidentiary rules and procedures in bail applicationsMagistrates' Court practice Supreme court practice Role of decided cases After the application Avoiding prejudice Part 10 - Advocacy in Bail Applications Preparation Presentation Tactics Index 07 This is a helpful guide for practitioners in Criminal Law. With a focus that is primarily practical, it provides detailed information on case law and legislation in respect to all aspects of bail. It also adequately sets out the steps and procedures involved in applications for bail for both solicitors and advocates. A publication such as this has been long overdue given that bail is an issue which is relevant to the many stages of the criminal process and can often involve complex issues. The guide would benefit practitioners in many jurisdictions … The material is presented in a user-friendly format, is well researched and divided into easy to find sections. It contains background information on the principles of bail law and also covers the appeals process, evidentiary issues and advocacy in bail applications. - Law Institute Victoria Criminal Law Section Newsletter, June 2004 07 A useful reference, … this book is unassuming, accessibly written and well-organised. Bail Law in Victoria is organised into logical sections which systematically set out the legislative framework and the general principles in relation to the grant, refusal and continuation of bail; bail at committal, trial and on appeal; bail for federal offences and in the Children’s Court; and evidence, practice and advocacy in bail applications. There is a considerable amount of case law and practice that pertains uniquely to bail applications. Moreover, practice and law differ from jurisdiction to jurisdiction. … A series of decisions is reviewed by the authors about when delay in a trial or a committal constitute “ exceptional circumstances”, as well as issues such as poor health of the accused and weakness in the prosecution case. This is very useful material for solicitors and barristers alike … A further element in bail applications is the consideration of whether there is “unacceptable risk” … the book helpfully and straightforwardly reviews the relevant authorities … The practical sections on evidence, practice and advocacy in bail applications are helpful and constructive. … [The book] should lead to more precedent-influenced decision-making and better structured and planned arguments by defence and prosecution representatives … This book should be regarded as an obligatory purchase for Victorian criminal law practitioners. - Law Institute Journal (Victoria), April 2004 04 01 http://www.federationpress.com.au/images/book/HampelGurvich.JPG 01 The Federation Press 200307 The Federation Press IP 20 medium medium 02 39.95 9781862875395 03 03 9781862875395 15 9781862875395 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862875395 1 B01 Jianfu Chen Chen, Jianfu Chen 2 B01 Gordon Walker Walker, Gordon Walker 360 L 12 JP 12 LB 01 This volume focuses attention on world trade regulation issues in Australia. Published in the shadows of the Australia-USA Free Trade Agreement (AUSFTA) in 2004, it takes a wide-ranging and sceptical approach to the area. It features: an examination of the WTO through the lens of globalisation (Camilleri and Myconos); the case against the AUSFTA (Garnaut); the CER Agreement (Walker); the question of special and differential treatment of LDCs within the WTO (Chen); the WTO and Islamic Law (Bhala); national treatment under the WTO (McMahon); intellectual property protection (Drahos and Braithwaite); FDI and the WTO (Sornarajah); trade in services (Islam); labour law issues (Murray); and environmental issues (Harris). Balancing Act is a special issue (Volume 21) of the journal Law in Context. The contents are listed below. You can read the abstract for each chapter by clicking on its title. You can purchase a single copy of this issue through this page, or subscribe to the journal from the journal page. 04 Introduction: Towards a Fairer Order by Rules Jianfu Chen and Gordon Walker PART 1 - GLOBALISM, REGIONALISM AND BILATERALISM WTO: The Competitive Dynamic of Globalisation at Work Joseph A Camilleri and George MyconosThe CER Agreement and Trans-Tasman Business Law Coordination: From ‘Soft Law’ Approach to ‘Hard Law’ Outcome Gordon Walker PART II – GLOBAL ISSUES AND GLOBAL CONCERNS ‘S & D’ Treatment for Developing Countries in the WTO Trade Regime: A False Solution on a Wrong Footing for LDCs Jianfu ChenThe Intersection of Islam and the WTO: Three Sharī’a Issues in the WTO Accession of Saudi Arabia Raj BhalaNational Regulation and the WTO: One Step Forward, Two Steps Back? Joseph A McMahonHegemony Based on Knowledge: The Role of Intellectual Property Peter Drahos and John BraithwaiteGood Corporate Citizenship and the Conduct of Multinational Corporations M SornarajahPressing Issues of Global Free Trade in Services M Rafiqul IslamLabour Issues in Times of Globalisation: Is the Social Clause an Appropriate Legal Response? Jill MurrayBeyond Doha: Clarifying the Role of the WTO in Determining Trade-Environment Disputes Mark Harris --> 04 01 http://www.federationpress.com.au/images/book/9781862875395.jpg 01 The Federation Press 20040927 The Federation Press IP 21 medium medium 02 55.00 9781862873049 03 03 9781862873049 15 9781862873049 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862873049 B01 Patricia Easteal Easteal, Patricia Easteal 248 L 12 LX 12 J 01 The past two decades have seen a succession of reforms to sexual assault laws in all Australian jurisdictions. This book examines how effective these reforms have been in light of the fact that such changes challenge the 'traditional' social norms of the legal system: male dominance, acceptability of male violence and women's responsibility for male violence. Has a better balance been struck between the rights of victims to protection, assistance and compensation and the rights of accused to a fair trial and preservation of the presumption of innocence? And what still remains to be done? These and many other questions are those explored by the contributors. 04 The cultural context of rape and reform Patricia Easteal Disputed truths: Australian reform of the sexual conduct elements of common law rape Mary Heath Constructing lack of consent Bernadette McSherry The rules of recent complaint: Rape myths and the legal construction of the "reasonable" rape victim Simon Bronitt "You should scrutinise her evidence with great care": Corroboration of women’s testimony about sexual assault Kathy Mack Rape victims on trial: Regulating the use and abuse of sexual history evidence Terese Henning and Simon Bronitt Tipping the scales in her favour: The need to protect counselling records in sexual assault trials Annie Cossins Rape in marriage: Has the license lapsed? Patricia Easteal Heroines of fortitude Pia van de Zandt Sexual offence prosecutions: A barrister’s perspective Ian Freckelton Character, credit, context: Women’s lives, judicial "reality" Jocelynne Scutt Sentencing for rape Kate Warner Compensating the sexually assaulted Ian Freckelton Beyond balancing Patricia Easteal Table of cases/ Table of statutes/ Readings/ Index 04 01 http://www.federationpress.com.au/images/book/Easteal.JPG 01 The Federation Press 199808 The Federation Press IP 20 medium medium 02 44.00 9781552211366 03 03 9781552211366 15 9781552211366 00 Essentials of Canadian Law http://www.federationpress.com.au/bookstore/book.asp?isbn=9781552211366 A01 M H Ogilvie Ogilvie, M H Ogilvie 479 L 12 LJ 01 Bank and Customer Law in Canada is a concise introduction to the laws governing banking in Canada and the relationship between banks and their customers. The book includes a detailed discussion of the corporate governance structure for banks and the types of activities in which banks are permitted to engage in Canada. Foreign banks, bank subsidiaries, and bank holding companies are also covered. On the common law side, the focus is on bank account operation, including paper and electronic payment orders. The book also provides discussion and analysis of electronic banking and the challenges posed by non-bank third party payment providers to traditional banking and banks. It also includes directions to other relevant sources, including websites, so that readers can keep up to date on the rapid changes in electronic banking. 02 Bank and Customer Law in Canada is a concise introduction to the laws governing banking in Canada and the relationship between banks and their customers. 04 Banks and banking defined The domestic and international framework of canadian banking law The regulation of banks and banking in canada Banks as business corporations Banking business Bank and customer relationships Bank accounts Bank account operation Electronic funds transfer systems Electronic payments Credit cards and other payment mechanisms Safekeeping Bank and customer dispute resolution 04 01 http://www.federationpress.com.au/images/book/9781552211366.jpg 01 Irwin Law (Canada) 200701 The Federation Press IP 21 medium medium 02 79.95 9781552211564 03 03 9781552211564 15 9781552211564 BC Essentials of Canadian Law http://www.federationpress.com.au/bookstore/book.asp?isbn=9781552211564 A01 Roderick J Wood Wood, Roderick J Wood 664 LJ 12 L 01 Insolvency law cuts across almost every field of private law. The rights that are created in other fields of law can no longer be vindicated in the usual forum through the ordinary civil process once insolvency proceedings are commenced. Instead, the rights are enforced through the insolvency proceedings, and in some cases the nature and characteristics of the rights are significantly transformed. The impact of insolvency law on social and economic conditions both within Canada and worldwide is equally breathtaking. The fate of the Canadian blood supply system, the future of our national airlines, the recovery afforded to victims of institutional abuse, and the survival of entire communities have all hung in the balance. Bankruptcy and Insolvency Law is the most up-to-date treatise on the subject currently available in Canada. The book is organized in a way that illuminates the structure of insolvency law, its aims and objectives, and its foundational principles. By focusing on the underlying principles of insolvency law the reader can see how these principles work in a variety of different situations and contexts. This, in turn, affords a deeper understanding of their nature and operation. It provides a careful and concise review of case law along with authoritative commentary on the issues facing those practising and adjudicating in the field. The book will appeal to judges and seasoned practitioners as well as to lawyers, other professionals, and students new to the field. 02 This treatise illuminates the structure of insolvency law in Canada, its aims and objectives, and its foundational principles. 04 An Introduction to Insolvency Law Part One: Bankruptcy Law The Foundations of Bankruptcy Law Commencement Of Bankruptcy Property of the Bankrupt Proprietary Claims of Third Parties Preserving the Bankrupt Estate Enhancing the Bankrupt Estate Administering the Bankrupt Estate The Proof, Valuation, and Payment of Claims 241 Discharge of the Bankrupt Part Two: Commercial Restructuring Law The Foundations of Commercial Restructuring Law Commencing Restructuring Proceedings Operating the Business Governance and Supervision Claims and Priorities Developing and Approving the Plan Part Three: Receivership Law The Foundations of Receivership Law Commencement, Administration, and Supervision of the Receivership The Status, Powers, Duties, and Liabilities of the Receiver Part Four: Other Insolvency Regimes Alternatives to Consumer and Farm Bankruptcy Specialized Insolvency Regimes Cross-Border Insolvencies 04 01 http://www.federationpress.com.au/images/book/9781552211564.jpg 01 Irwin Law (Canada) 200901 The Federation Press IP 21 medium medium 02 100.00 9781862876217 03 03 9781862876217 15 9781862876217 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862876217 1 A01 Betty Weule Weule, Betty Dr Weule 2 A01 Wayne Warburton Warburton, Wayne Dr Warburton 3 A01 Richard Brading Brading, Richard Brading 2 128 L 01 The Bankruptcy Handbook provides a clear and concise overview of the legal and financial processes, and of the implications for people facing bankruptcy. It provides practical assistance to all working in the insolvency field, in rural as well as urban areas. It includes: case studies for different bankruptcy scenarios; an overview of the relationship between bankruptcy and family law; discussion of taxation and superannuation; an Australia-wide contact list; information about the sequestration order and key bankruptcy processes; practical resources such as a guide to filling out the ITSA Statement of Affairs, which is reproduced in full; the pros and cons of alternatives to bankruptcy such as debt agreements and personal insolvency agreements; web addresses for various resources, including ITSA forms; and a glossary. The book’s plain, accessible language and its recognition of the importance of emotional issues mean that it will also be helpful to many debtors having to consider the option of bankruptcy. The authors are three of Australia’s most experienced practitioners: Dr Betty Weule, doyenne of Australian financial counsellors, Dr Wayne Warburton, psychologist, of the National Financial Counsellors Resource Service, and Richard Brading, Principal Solicitor of the Wesley Community Legal Service. 02 The Bankruptcy Handbook provides a comprehensive, plain-English overview of consumer bankruptcy in Australia, along with practical advice for practitioners such as financial counsellors and others who work with consumer bankruptcy. 04 Introduction The History of Bankruptcy Bankruptcy in Australia Bankruptcy Today Becoming Bankrupt The Sequestration Order Filling out the Statement of Affairs Financial Counselling for Potential Bankrupts Choosing Bankruptcy Administration of the Bankrupt Estate What Happens to the Property of the Bankrupt? Personal Insolvency Agreements Part IX Debt Agreements Contributions to the Bankruptcy Release From Bankruptcy Personal Injury Compensation Taxation Superannuation Bankruptcy and Family Law Permission to Leave the Country Part XI: Administration of Insolvent Deceased Estates Glossary of Terms Appendix I: The Statement of Affairs Appendix II: ITSA Prescribed information Appendix III: Where to Seek Additional Information Index 07 It is concise yet comprehensive and to the point, but above all reader friendly. I have already ordered four copies for our service. Congratulations to Betty, Wayne and Richard and many thanks for enriching our resources. - Abdulla Adam, City of Wanneroo, Financial Counselling Services, WA 07 This brief but comprehensive plain language overview of Austrlain bankruptcy law and prctice canvasses earliest to latest developments in the area. Practitioners seeking guidance simplifying some of the complexities of this area of practice for their clients would do well to refer to this text..[it] has a practical rather than technical focus, catering well to the authors' intended primary audience of financial counsellors working with debtors who may be considering bankruptcy. The authors' wealth of experience and understanding of the pressures and difficulties experienced by individuals facing bankruptcy is obvious throughout, particularly in the case studies. - Ethos, Law Society of ACT, June 2008 07 This small book serves very well its function as a handbook for the uninitiated. It is written in clear, uncomplicated style, and its readability is enhanced by the use of sub-heading and bulleted lists. This volume is reasonably priced, and as an easy way to be introduced to the basics of bankruptcy, any library would benefit by this modest expenditure. - Australian Law Librarian, Vol 16 No 2, 2008 04 01 http://www.federationpress.com.au/images/book/9781862876217.jpg 01 The Federation Press 20071218 The Federation Press IP 21 medium medium 02 29.95 9781862873469 03 03 9781862873469 15 9781862873469 BC Workplace Research Centre http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862873469 1 A01 John Campling Campling, John Campling 2 A01 Paul Gollan Gollan, Paul Gollan 156 KN 01 The pursuit of non-employee relations and human resource strategies by private and public sector employers has been a consistent theme of the industrial landscape in Australia in the past decade. This book analyses the organisational impact of such changes and focuses on their motivations, processes and outcomes in lightly and non-unionised workplaces. The book draws primarily on 12 case studies whose major outcomes were the nature of the non-union agreements, productivity, remuneration and workplace equity. The case studies revealed a number of positive outcomes for both employers and employees. On the other hand, there was evidence that the shift to lightly or non-unionised workplaces represented an attempt by corporate Australia to manage without the constraints imposed by trade union activity, and to capture anticipated reductions in labour costs and improvements in productivity. The study also draws on a wealth of recent quantitative survey information on Australian workplaces conducted by the Australian Government and independent university-based research organisations such as the Australian Centre for Industrial Relations Research and Training (ACIRRT). While unique in its utilisation of a multi-dimensional analysis of lightly and non-unionised workplaces in Australia, it also links these developments with broader trends in the global economy towards greater non-union employee relations and human resource management. The book clearly has important policy implication. Governments, employers, employees and trade unions will need to develop appropriate macro- and micro-level policies and practices to respond to a more heterogeneous and diverse employee relations landscape. Students, researchers and professional managers interested in employee relations, human resources and the management of organisation change will find this book both illuminating and relevant. 04 Part I Introduction The growth of non-union employee relations in Australia Part II Employee relations: processes and mechanisms Consultation and employee involvement Alternative forms of employee representation Bargaining power and negotiations Part III Employee relations: outcomes Non-union agreements Workplace productivity, performance and equity Part IV Conclusion A review of current developments in lightly and non-unionised workplaces Bibliography/ Index 07 This book is commendable. The data is comprehensive and the arguments whet the appetite for future debate and discussion … there is a lot to commend in this book. - Tony Dundon, Labour History 89, November 2005 07 "It is important that we find out what is actually going on in workplaces across Australia. … Good case study materials such as that provided here by Campling and Gollan offers the necessary insights into the diversity and contradictions which are at the heart of workplace relations in Australia." - International Journal of Employment Studies Vol 9 No 1 (2001) 04 01 http://www.federationpress.com.au/images/book/9781862873469.jpg 01 The Federation Press 199912 The Federation Press IP 21 medium medium 02 49.50 9781921113031 03 03 9781921113031 15 9781921113031 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781921113031 1 A01 Becky Batagol Batagol, Becky Batagol 2 A01 Thea Brown Brown, Thea Brown 352 VF 12 L 01 This book is a first-ever study of the role of law in family mediation. Written by two well-known Australian researchers in family dispute resolution, it uses real family mediation cases to explain what kind of protection from exploitation the law offers negotiators in informal processes. It helps us to better understand how private negotiations in family law work. In the current Australian and international family law environment, there is an almost universal emphasis upon separating families taking responsibility for resolving disputes themselves in a non-adversarial manner. In the context of such a sustained policy focus, the question of whether separating families use and are protected by the law in private settlement remains central to understanding the fairness of the system. Ultimately the book questions the success of recent family law reforms. This book will be of interest to policy makers, the legal profession, family dispute resolution practitioners, mediators, community organisations involved in family service provision, family law service providers as well as academics interested in family law, dispute resolution and the interrelationship between law and society. 02 This book is a first-ever study of the role of law in family mediation. Written by two well-known Australian researchers in family dispute resolution, it uses real family mediation cases to explain what kind of protection from exploitation the law offers negotiators in informal processes. 04 Acknowledgments Introduction and Research Summary Family Mediation and the Law The Shadow of the Law: The Relationship Between Law and Family Mediation Methodology The Case Studies Decisions to Mediate The Family Mediation Process Negotiated Agreements Conclusions Bibliography Appendix 04 01 http://www.federationpress.com.au/images/book/9781921113031.jpg Themis Press 01 The Federation Press 20110322 The Federation Press IP 21 medium medium 02 64.95 9789089740120 03 03 9789089740120 15 9789089740120 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9789089740120 1 A01 Andre M van der Laan van der Laan, Andre M van der Laan 2 A01 Lisette Vervoorn Vervoorn, Lisette Vervoorn 3 A01 Coen A van der Schans van der Schans, Coen A van der Schans 4 A01 Stefan Bogaerts Bogaerts, Stefan Bogaerts 152 JB 12 J 01 There is a high rate of recidivism amongst juveniles who leave a correctional institution for juvenile offenders. The behaviour of these young people is the source of both a great deal of distress for victims and of damage to society. The Ministry of Justice therefore considers it to be important to gain a better insight into the factors that can contribute towards changing such behaviour. A lot of research is being carried out into interventions and how effective these are. Hardly any attention has been devoted, however, to juveniles' experiences of incarceration, the emotions that imprisonment evokes, and what effect the offender's emotional reaction to the incarceration has in terms of the risk of recidivism. This study focuses on the emotional reactions of juveniles to imprisonment. Adapting to custody is a stressful process. An adequate adjustment to custody is characterised by the fact that, over the course of time, the person in question accepts the situation that he or she finds him- or herself in. This is usually accompanied by relatively stable, positive feelings about one's personal future and a lack of problematic behaviour. If an offender continues to suffer from emotional stress, followed or accompanied by behavioural problems, he or she has inadequately adjusted to the situation. Inadequate adjustment is an obstacle to day-to-day activities in custodial institutions and increases the risk of unsafe situations. Moreover, it is likely that an inadequate adjustment and emotional stress in the form of anxiety, anger, or pride, will have a negative effect on a juvenile's ability to learn during his or her sanction. This will not contribute to a reduction of recidivism. This study specifically addresses the emotional reactions of juvenile detainees to a period of custody. 02 This study specifically addresses the emotional reactions of juvenile detainees to a period of custody. 04 Summary Introduction Method Study 1: Literature study Custody and emotional reactions Study 2: Interviews with experts Individual characteristics Characteristics of custody Social environment and emotions Conclusion Literature Appendix 1: Advisory board Appendix 2: Key words literature study Appendix 3: The interview 04 01 http://www.federationpress.com.au/images/book/9789089740120.jpg 01 BJU - Boom Juridische uitgevers 20090105 The Federation Press IP 21 low medium 02 59.95 9781862871533 03 03 9781862871533 15 9781862871533 BC Law, Ethics and Public Affairs Series http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862871533 1 B01 Helen Stacy Stacy, Helen Stacy 2 B01 Michael Lavarch Lavarch, Michael Lavarch 192 LX 12 L 12 LA 01 Australia is presently seeking to streamline its civil justice system. It is popular folklore that the Australian civil justice system is inaccessible to 'ordinary people' as it is expensive, slow and complex. The reasons for these alleged failings are attributed to various causes, such as arcane and inefficient judicial practices, money-hungry lawyers or, more fundamentally, to the very underpinnings of civil litigation - adversarialism. This volume confronts this folklore. It provides perspectives about civil justice from its major user and funding source (government) and the group of Australians who have used it the least and feel most alienated from the system (indigenous Australians). It explores the insights of those who work with adversarialism day in and day out (judges and lawyers) and reveals both defenders and strident advocates for change. Finally, it steps back and gives an outsider's view of Australian adversarialism from those with knowledge of a sister system in the United States. 04 Introduction Helen Stacy and Michael Lavarch Part 1: The Dimensions of Change Changing Roles and Skills for Courts, Tribunals and Practitioners Daryl Williams Fighting the Fiends From Finance Michael Lavarch Civil Litigation: An Indigenous Perspective Colleen Starkis Part 2: What Changes are Possible? Reforming the Civil Justice System: The Case for a Considered Approach Justice Ronald Sackville Opportunities and Limitations for Change in the Australian Adversary System Justice David Ipp Judicial Time Limits and the Adversarial System Bret Walker Part 3: Issues of Justice and Ethics Fairness in a Predominantly Adversarial System Justice Geoffrey Davies Dining at the Ritz: Visions of Justice for the Individual In the Changing Adversarial System Marc Galanter Twenty Theses on Adversarial Ethics David Luban References/Index 04 01 http://www.federationpress.com.au/images/book/StacyLavarch.JPG 01 The Federation Press 199908 The Federation Press IP 20 medium medium 02 49.50 9781862873773 03 03 9781862873773 15 9781862873773 BB Law, Ethics and Public Affairs Series http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862873773 1 B01 Charles Sampford Sampford, Charles Sampford 2 B01 Tom Round Round, Tom Round 362 L 12 LX 01 What challenges do Australian constitutional law, theory and practice each face now that globalisation - the unimpeded movement of people, money, information and ideas across national boundaries - is eroding the sovereignty of nation-states? Other writers have studied globalisation, but as a political, economic, social or environmental rather than a constitutional phenomenon. Works on Australian constitutionalism tend to assume that the centuries-old tradition of national sovereignty will continue. This book systematically discusses both topics in tandem, and analyses how each affects the other. Three key themes are reflected in the three parts in the book: Whither National Sovereignty, Constitutional Structures, and Individual and Minority Rights. The first discusses the decline of the "external" power of national governments relative to international organisations and NGOs. The second focusses on the declining "internal" power of national governments relative to legislatures, in particular Upper Houses, and to sub-national governments. The third charts the declining power of national governments relative to the citizens and minority communities they govern. These themes and the way they are elaborated in the book are explained in the Introduction. See Chapter Extracts, on this page. 04 Introduction Globalisation and Constitutionalism Tom Round and Charles Sampford Part I: W[h]ither National Sovereignty? Reconceiving and Reinstitutionalising Liberal Democratic Values in a More Global World Charles Sampford The Decline of Sovereignty: Problems for Democratic Government Sir Anthony Mason The Empire Strikes Back: The Constitution, Sovereignty and 19th Century Globalisation Helen Irving The Changing Context of Australian Citizenship: The Case for Multiculturalism Peter Wong and Violeta Brdaroska The Constitution of International Civil Society Aynsley Kellow Democracy in a World of Global Markets Tom Campbell Democracy as Comparative Advantage Roland Rich Democracy: Its Survivability Alun A Preece Part II: Constitutional Theory and Structure The Australian Constitution and the Challenge of Theory John Williams Dividing Power in a Federation in an Age of Globalisation Cheryl Saunders A Federation amid Global Imperatives? Glyn Davis and Naomi Sunderland The Role of Upper Houses: Is Westminster Washed Up? Senator Helen Coonan Washminster Revisited: The Role of the Upper House Senator Andrew Bartlett Government as a Public Trust: Crown Mystique, Unequal Laws, and Modern Democracy Steven C Churches Part III: Individuals, Minorities and Their Rights Recognising Rights Alice ES Tay Constitutional Transformations: Universal Values and the Politics of Constitutional Understanding Heinz Klug Globalisation - the Bane of Popular Sovereignty? John Pyke Constitutional Cants Gerald N Rosenberg Law's Laws: The Demand and Supply of Rights Neil Komesar Recognition of Indigenous Rights: American Law, Australian Law and International Law Garth Nettheim First Peoples, Late Admissions: Recognising Indigenous Rights Peter Jull and Helena Kajlich Recognising Indigenous Law in Australia: Drawing on the African Experience Bede Harris Rights of Indigenous People and Conservation: Joint Management of National Parks in South Africa and Australia Bertus de Villiers Constitutional Dreaming Christine Morris Appendices Appendix 1: Promotion of the Right to Democracy Appendix 2: Items Proposed for Framework Agreement and Political Negotiations Process Bibliography/ Index 07 "Beyond the Republic … collects 24 essays from a wide variety of contributors. … There is not space here to discuss the essays in detail, or even to mention them all. That is unfortunate, because nearly all of them are worthy of comment. They are organised into three main groups, the first of which concerns national sovereignty, globalisation and the benefits and future of democracy. The second is about constitutional theory and structure including the operation of our federal system and what is known as "Washminster" (in a graceless allusion to the English and American systems). A final section covers constitutional protection of individual and minority rights. There is much food for thought in each. … I would recommend the book for anyone with a serious interest in current constitutional debate in Australia and overseas. Federation Press is to be commended for publishing it." - Law Institute Journal (Vic), 2001 01 The Federation Press 200103 The Federation Press IP 20 medium medium 02 85.00 9781862878242 03 03 9781862878242 15 9781862878242 BB http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862878242 A01 Dean Mildren Mildren, Dean The Honourable Justice Mildren 400 LX 01 This is a history of the Supreme Court of the Northern Territory commencing from 1873 when it was first envisaged, through to its creation in 1911, and until modern times, seen in the light of the Territory’s economic, social, religious, anthropological, political and constitutional development. The lives and work of its various judges, and their relationships with government; and the Acts and policies of both the Commonwealth and Territory governments form much of the background to its triumphs and failures which are quintessentially Territorian. Throughout the 20th century, the Court survived a judicial sacking, being left without a Judge in office, riots, two royal commissions, division into two courts, reconstitution and reconstruction of three occasions, the bombing of Darwin, Cyclone Tracy, and poor facilities to become eventually a modern institution with a new and grand courthouse in Darwin. Other themes which are explored include trial by jury, sentencing powers, judicial independence, relations with the media, interpreters, mandatory sentencing, euthanasia, assimilation, Aboriginal land rights, the peculiar problems relating to the trial and sentencing of Aborigines as well as a detailed examination of some of the important causes celebre of the times- the trials of Tuckiar, the Chamberlains and Bradley John Murdock amongst many others. All aspects of the Court’s history are considered - libraries, court buildings. circuit courts, administration, court staff, appeal courts, rules of court, judicial appointments, chief justices, judges, masters, registrars and sheriffs, as well as the legal issues of the day, seen in the context of the Territory’s socio-political evolution. 02 This is a history of the Supreme Court of the Northern Territory, its Judges, Masters, Registrars, and staff, its buildings and administration, its role in the constitutional and political development of the Territory, its relations with politicians, Aborigines and people of all walks of life, seen in the light of the Territory’s broader socio-political history. 04 South Australia’s Northern Territory The Judges of the Northern Territory The Establishment of the Supreme Court The Gilruth Years The Court and the Royal Commission Judge Roberts The Two Territories and Justice Mallam The Court in 1933-1934 The Years before the War 1935-1939 The War Years Post-War Reconstruction and the Return of the Court to Darwin Justice Kriewaldt The Northern Territory Supreme Court Act 1961 The Growth of the Court before Self-Government Changes after Self-Government The Trial of the Century The O’Leary Court The Asche Court The First Martin Court The Second Martin Court Future Directions Bibliography / Index 07 Justice Mildren’s book is never at risk of sinking to platitude or banality. Its author has a passion, informed by detailed knowledge and research, for the Territory and its people. - Robert French AC, Chief Justice of Australia 07 Understated irony is an effective weapon in Dean Mildren’s hands … [he] possesses a clear historical vision that encompasses the world in which the Supreme Court has to operate and that makes his current work a book for all. Read it and be informed; revisit your visions and your prejudices; rethink your concepts of Territory justice. - Alan Powell, Emeritus Professor of History 04 01 http://www.federationpress.com.au/images/book/9781862878242.jpg 01 The Federation Press 20110513 The Federation Press IP 21 high medium 02 69.50 9781862874497 03 03 9781862874497 15 9781862874497 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862874497 A01 Linda Briskman Briskman, Linda Briskman 226 J 12 HB 12 VF 12 JB 12 Y 01 The Black Grapevine tells the extraordinary story of Indigenous efforts to stop children becoming part of the 'stolen generations' and to end the government policies and practices which destroyed their families. Linda Briskman uses the story of the Secretariat of National Aboriginal and Island Child Care (SNAICC) to centre her book. Indigenous people involved tell how they came together to form a national organisation for child care, how they found similar experiences from one end of Australia to the other, how they pooled experience and emotion to provide support for one another, how they lobbied for a national inquiry. And they campaigned. Indigenous activists fought with astonishing resilience for recognition of past and present practices, for the right to have Indigenous viewpoints to the forefront, and for resources. Briskman's story goes beyond the contest with the state to give a convincing portrait of the ways in which Indigenous groups worked. There are connections with international action, educational and fund-raising projects, and the much-vaunted annual Aboriginal and Islander Children's Day. She concludes by reflecting on the successes of campaigns and actions to date, and the extent of 'unfinished business'. Her strong academic background combines with the oral testimony of the activists to produce a fast-moving book that is both entertaining and rigorous. 04 Strangers take our children Reconstructing the past The activists We all had the same stories SNAICC is born Keeping children where they belong Campaigns Children our dreaming Internationalising the cause It's all about funding Unfinished business References/ Index 07 This is an amazing example of indigenous activism and it is no wonder that it has become the subject of this book. Briskman’s use of oral history to blend human voices with historical research allows the reader to share the emotions of those dedicated to fighting for a better world for their children. It is an amazing journey of achievements and struggles in fighting for the rights of the child. … Through telling the stories of SNAICC and the ACCAs, Briskman also illustrates the belief, strength, fortitude, resilience and perseverance of Aboriginal and Torres Strait Islander individuals and communities in fighting for their rights within Australia. - Reviews in Australian Studies No 1, March 2006 07 This is a handsome little book that purports to tell a big story, about the work of the Secretariat of National Aboriginal and Islander Child Care Agencies. The issue of the removal of Aboriginal and Torres Strait Islander children from their families is now well known, but the role of Indigenous peoples in publicising it, and changing government policy, has received little attention. This is a history of that activism … The book covers the period from the 1970s to the present, although the life histories of the activists sometimes take us further back into the past. Briskman tells a great story … When Bringing Them Home was released it was, as Briskman notes, attacked for failing to corroborate indigenous testimony with the historical record. The Black Grapevine is well-researched and well-referenced. - Naomi Parry, Australian Aboriginal Studies, No 2 (2004) 04 01 http://www.federationpress.com.au/images/book/Briskman.JPG 01 The Federation Press 200307 The Federation Press IP 20 medium medium 02 22.95 9780646179247 03 03 9780646179247 15 9780646179247 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9780646179247 A01 Women's Coalition Against Family Violence Women's Coalition Against Family Violence Women's Coalition Against Family Violence 172 J 12 VF 01 This book brings together the stories of a number of murdered women and children as told by their family and friends. The accounts highlight the extent of institutional and community inaction towards, and complicity in, domestic violence. "Blood on Whose Hands? ... presents a humanistic rather than legalistic view of domestic homicide. The book's power comes from its analysis of the experiences of women and children subjected to domestic violence, and its exploration of the pain and anger of their survivors."Irene Moss, Federal Race Discrimination Commissioner 04 Introduction The women and children who were killed Power and Control through Violence Permission to Kill Leaving Before the Killing: the legal system After the Killing: the legal system Media Complicity Remembering Index 04 01 http://www.federationpress.com.au/images/book/9780646179247.JPG 01 The Federation Press 199401 The Federation Press IP 20 medium medium 02 11.00 9781862875746 03 03 9781862875746 15 9781862875746 BB Australian Legal Monograph Series http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862875746 A01 Jackson Taylor Taylor, Jackson Taylor 152 L 01 Australian companies are increasingly turning to corporate bonds for major capital raisings. This book, recognising that companies may sacrifice the interests of bondholders to achieve the best results for their shareholders, analyses the rights and remedies bondholders have against that occurring. Jackson Taylor shows how bondholders are affected by ‘event risk’ and explains the major types of contractual covenants that are used to protect against it. The analysis notes the different practices often employed in the retail and institutional bond markets and the effect of conversion rights and the presence of senior bank lending. The effectiveness of these covenants in restraining prejudicial corporate conduct is considered in light of the remedies available under Australian law. The book then provides a comprehensive survey of the protection available under the general law for the large numbers of bondholders who lack adequate, or any, covenant protection. This reviews both well established legal rules (for example capital maintenance requirements and directors’ duties) and considers more innovative applications of regulation and doctrine (such as just and equitable winding-up and other Corporations Act remedies). In each case the focus is on the special circumstances applicable to the corporate bond context, illustrated with reference to American bondholder litigation and suggestions for how Australian law might resolve things differently. 04 Introduction Bondholders and shareholders Contractual protection The American ‘bondholder rip-off’ Australian bondholders Covenants Restrictive covenants Financial covenants Other protective covenants Remedies Covenants in Australian Corporate Bonds The sample Survey results Non-Covenant Protection: Regulation and Doctrine Capital maintenance The statutory covenant Contract law Directors’ duties Remedies Evaluation Distributional fairness Wealth transfers and ex ante compensation Theories of enhanced bondholder protection Conclusion - Bondholders' Rights in Australian Law Appendices A Retail Bonds B Institutional Bonds Bibliography Index 07 The central arguments are developed in a logical and persuasive manner. - Professor Geof Stapledon 07 This is an exceptional piece of legal scholarship. It is comprehensively researched, well structured and written with fluency and a deft touch. - Professor Ross Buckley 04 01 http://www.federationpress.com.au/images/book/9781862875746.jpg 01 The Federation Press 20050916 The Federation Press IP 20 medium medium 02 125.00 9781862876897 03 03 9781862876897 15 9781862876897 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862876897 A01 David Fishel Fishel, David Fishel 2 300 KM 12 J 12 W 12 Y 01 The Book of the Board is an invaluable handbook for boards and board members of non-profit organisations. It explains: the purpose of a board in a non-profit organisation the board's formal and legal responsibilities the main areas where a board can add to the organisation's effectiveness This second edition, while retaining an overall structure similar to the first edition, has been fully revised and updated to reflect developments in the non-profit environment. Particular revisions include: A new Checklists section, containing ten quick-reference checklists on topics ranging from strategic planning and compliance through to board recruitment and succession planning All the interviews have been replaced with eight new interviews from Australian non-profit organisations in the fields of environment, sports, arts and youth development The topics covered in the original 17 chapters have been streamlined into 12 chapters A new chapter has been added on the subject of alliances and mergers in the non-profit field The Resources section has been overhauled, with seven Resources retained and updated, and eight new Resources added, covering governance charters, running a planning retreat, CEO appraisal and committee structures New charts and diagrams that provide a visual overview of key topics Gavin Nicholson, Louise Walsh and Judith James join Professor Myles McGregor-Lowndes and Elizabeth Jameson among the contributors 02 The Book of the Board is an invaluable handbook for boards and board members of non-profit organisations. It explains: the purpose of a board in a non-profit organisation; the board's formal and legal responsibilities; and the main areas where a board can add to the organisation's effectiveness. 04 Introduction The Job of the Board A Sense of Direction An Interview with the Environmental Defender's Office The CEO and The Board Purposeful Meetings In the Chair An Interview with Netball Australia Risk Management Compliance with legal responsibilities Financial Planning and Control An Interview with the Western Australia Symphony Orchestra The Board and Fundraising Measuring our Progress Alliances and Mergers An Interview with The Foundation of Young Australians Recruitment and Succession Postscript: Twenty Staging Posts of Board Development Checklists Resources Interviewees BibliographyWebsitesIndex 07 ...this book is a refreshing text on the issue of governance in the not-for-profit sector. With a strong emphasis on the social context of the task and a lot of sensible advice regarding process to boards, CEOs, and even exectuive staff, not-for-profit organisations are effectively located in their true context. - Arena Magazine, Number 99, February-March, 2009 07 This book is a must-have for members of non-profit boards who want to develop a better understanding of what being on a board is all about and how to improve their board's performance....If you are serious about building your board's capability, read and use this book. - Law Institute Journal of Victoria, March 2009 07 Reviews of first edition A practical and common sense guide to day-to-day administration. It is comprehensive … Most useful is the final section which is simply titled ‘Resources’. It is best described as comprising ready reference tools which encapsulate the essence of points being made throughout the book, such as a meeting procedure, a discipline policy, draft position descriptions, recruitment checklist and a risk assessment overview. … [It] contains many time-saving templates and checklists that will be constantly used. - Australian Law Librarian 07 You generally won’t find books on governance jostling for space among the best sellers with the latest Bryce Courtenay or coffee table cookbooks but here’s one that should. … There are so many positive features of Fishel’s book that it is hard to know where to start. … Within its less than 300 pages, the book manages to encompass all of the major concerns of not-for-profit boards. The language is clear and lively and even complex issues are laid out with simplicity. The interviews and case studies are relevant and illustrative. - SACOSS News 07 Fishel’s book should be standard issue for all Boards in the not-for-profit sector and the set text for any new recruits being inducted into membership. - Educare News 07 From the outset, Fishel presents considered and well-balanced strategies for implementing systems of good management that enable executives and board members to operate in confidence. - Lawyers Weekly 07 This book was an interesting and easy read that I expect to return to when I think about my contribution on boards. Legal practitioners who are called to serve on or advise boards will find useful current content. - Ethos, Law Society of ACT, December 2008 04 01 http://www.federationpress.com.au/images/book/9781862876897.JPG 01 The Federation Press 20080701 The Federation Press IP 21 medium medium 02 59.95 9780975196793 03 03 9780975196793 15 9780975196793 BC Institute of Criminology, Sydney, Monograph Series http://www.federationpress.com.au/bookstore/book.asp?isbn=9780975196793 A01 Michael Grewcock Grewcock, Michael Grewcock 372 YH 12 JB 12 J 01 Meticulously research and elegantly written, Border Crimes argues that Australia’s treatment of asylum seekers as ‘illegal immigrants’ should itself be regarded as criminal – as state crime. Mike Grewcock marshals the evidence irrefutably; after reading his account, ‘boat people’ will never again appear as suspected illegal entrants. Professor Scott Poynting, Manchester Metropolitan University In this powerful and compelling book, Mike Grewcock eloquently exposes the organised criminal abuses and violence perpetrated by states against one of the world’s most vulnerable populations. Through the lens of a state crime framework and with conceptual rigour he traces the political and historical antecedents of Australia’s shameful asylum policy and practice. Refreshingly this book is not only about unconscionable crimes committed by states it also engages with resistance and locates the possibility of social justice firmly within the domain of civil society. Professor Penny Green, Kings College London 02 Meticulously research and elegantly written, Border Crimes argues that Australia’s treatment of asylum seekers as ‘illegal immigrants’ should itself be regarded as criminal – as state crime. Mike Grewcock marshals the evidence irrefutably; after reading his account, ‘boat people’ will never again appear as suspected illegal entrants. Professor Scott Poynting, Manchester Metropolitan University 04 Introduction - ‘I was like a camera, I remember everything’ Border policing, criminology and state crime Forced migration, refugees and the state From white Australia to multiculturalism: exclusion, hegemony and unauthorised migrants State of denial: the creation of the illegitimate refugee Declaring war in the Pacific A system of abuse: the Australian gulag State crime and the ideologies of exclusion Epilogue: A new beginning? References Index 04 01 http://www.federationpress.com.au/images/book/9780975196793.jpg 01 Institute of Criminology, Sydney 20100119 The Federation Press IP 21 medium medium 02 49.95 9781862876729 03 03 9781862876729 15 9781862876729 BB http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862876729 1 B01 Belinda Bennett Bennett, Belinda Bennett 2 B01 Terry Carney Carney, Terry Carney 3 B01 Isabel Karpin Karpin, Isabel Karpin 304 M 12 MB 12 VF 01 Within contemporary society the meaning of ‘health’ is surprisingly unstable. Guiding principles that once seemed self-evident have been challenged by new social, scientific and economic forces. This book argues that the foundational terms and concepts, which form the basic building blocks of dialogue about health, are now in flux. While the forces in play differ, and the pace of change is varied, there is now a ‘brave new world’ of health which characterises policy debate about health (and illness or disability). This permeates even the more narrow technical issues within clinical medicine, the law and medical science. This construction and reconstruction of health has important implications for the development of law and policy. The book draws on international and local experts to explore these issues. It opens with consideration of the economic and social forces of ‘globalisation’ - the macro level forces which now shape the ‘lived realities’ of health for the world’s people. This is then contextualised through a series of detailed ‘case studies’ of more localised examples including; pharmaceuticals, preimplantation genetic diagnosis, body modification, abortion, anorexia and post-traumatic stress disorder. The book also interrogates the way modern health research influences public conceptions of health. Across these issues the book canvasses the social forces at work in the construction of health, disability and illness in shaping our understandings of such concepts by the public, by individuals, by the courts, and by international bodies. Brave New World of Health is an important contribution to advancing that understanding. 02 There is now a ‘brave new world’ of health which characterises policy debate about health (and illness or disability). This permeates even the more narrow technical issues within clinical medicine, the law and medical science. The book draws on international and local experts to explore these issues. 04 Introduction Globalising Rights? Constructing Health Rights in a Shrinking World Belinda Bennett Potential AUSFTA Dispute Resolution over Off-Shore Constructions of Australian Pharmaceutical Policy Thomas A Faunce, Susannah Jeffreys and Kellie Johnston The “Affected” Post-Preimplantation Genetic Diagnosis Embryo Estair Van Wagner, Roxanne Mykitiuk and Jeff Nisker Constructing a Healthy Population: Tensions Between Individual Responsibility and State-Based Beneficence Wendy A Rogers Constructing the Body Inside and Out: Genetic and Somatic Modification Isabel Karpin Turning Mothers into Bioethicists: Late Abortion and Disability Kristin Savell Birth, Ritalin, Prozac, Viagra, Death David Healy Creating a Facilitative Environment for Genetic Research: The Central Role of Public Trust Margaret Otlowski The Subjectivity of Objectivity: The Social, Cultural and Political Shaping of Evidence-Based Medicine Raymond G De Vries, Trudo Lemmens and Charles L Bosk Litigating Antidepressants: Challenging Constructs of Health in Pharmaceutical Promotion Patricia Peppin Constructing “Control” Over Anorexia Nervosa Terry Carney, Miriam Ingvarson and David Tait Post-Traumatic Stress Disorder: The Backlash After the New Dawn Ian Freckelton Disentangling Disability and Health Lee Ann Basser ReferencesIndex Table of Cases Table of Statutes 04 01 http://www.federationpress.com.au/images/book/9781862876729.jpg 01 The Federation Press 20080923 The Federation Press IP 21 medium medium 02 69.90 9781862874305 03 03 9781862874305 15 9781862874305 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862874305 A01 Pat Howley Howley, Pat Howley 232 J 12 JB 12 Y 01 If ordering outside Australasia (ie from UK, Europe, Nth and Sth America and Africa) please contact Zed Books (UK) directly: www.zedbooks.co.uk. Pat Howley tells the extraordinary story of how, in the 1990s, in the crisis of civil war, the people of the island of Bougainville returned to their traditional peace making and conflict resolution processes as the western court system collapsed. Prominent are the ordinary people who experienced the crisis - the victims, the freedom fighters, and the women who took a leading part in the peace process. Howley writes mostly through their eyes, in their words. Howley, Executive Director of the PEACE Foundation Melanesia, was with them through most of the war. He oversaw a marriage of Western learning on restorative justice and win-win mediation with custom law. The success was so extraordinary that the processes set up are now being used in most village communities as the norm for conflict resolution, even for serious matters such as murder. Howley analyses the effectiveness of this marriage and how it can be used in the future when Bougainville achieves autonomy. He also discusses the devastation to Bougainville's culture and identity caused by the giant copper mine which dominated the PNG economy, and how the islanders are coping with the residue of trauma from the civil war. "A landmark study of reconciliation and restorative justice in action, profound and inspiring in its holistic view of justice ... Bougainville shows the world how indigenous people can reclaim their justice system ... This book shows how a people's peace can prevail over a war that was a product of colonisation."Professor John Braithwaite, Australian National University 04 Foreword by Professor John Braithwaite Prologue Part 1: Colony and Conflict Introduction: A short history of Bougainville The damaging cultural impact of the mine The crisis years The impact of the crisis years Part 2: Breaking Spears and Mending Hearts PEACE Foundation Melanesia Reconciliation Mediation and restorative justice Community development training The peacemakers Part 3: Ownership of Law and Justice National reconciliation in Bougainville Reconciliation and restorative justice Law and justice A law and justice structure The emerging vision References 07 Pat Howley … describes the events of this period in which there was a conscious effort at marrying Melanesian custom with the growing Western concern for notions of restorative justice. This is not an academic work, either in terms of the systematic marshalling of relevant historical, legal and other material, nor in terms of the depth of analysis. However, it does provide some interesting insights, especially when the author utilises local people to tell the story from their own perspectives. - David Weisbrot, Reform, Issue 82, 2003 07 This is an inspired and inspiring account of the emergence from colony toward autonomy; from civil war (and the breakdown of the western court system) to the return of traditional peace making, supported by restorative justice and reconciliation. The author is no armchair observer; for half a lifetime, he has lived amd worked in PNG and its island province 275k east of Rabaul. In the manner of a mediator, he allows other participants a voice, mainly PEACE Foundation staff and trainers. In 1964, Australian Territories Minister Charles Barnes told Bougainvillians they had no right to the minerals under their ground. The residents rebelled against what they saw as a lack of consultation by Australia and CRA, against what the residents saw as an unjust distribution of the mineral wealth, against the refusal of those parties and PNG to engage in discussion, consultation and consensus building. Thus, the dragon’s teeth were sown; thus, the BRA was born. The author gives a moving account of the triumph of the human need for peace and reconciliation over the imposition of control from without. Restorative justice encourages confession, honesty and sincerity because of a desire to end the matter completely and properly. Punitive justice in court encourages concealing and distorting the truth out of fear of punishment and the need to be victorious. Under the system of restorative justice, offenders are forgiven and return to the community where they have the chance to re-establish themselves as healthy, contributing members. People can get on with their lives instead of living in the past. Mediators will recognise what they already know, namely that their process transcends race and culture. Historians will be fascinated by the insights of participants in a time of great change. The book can be commended to the general reader for the positive outcomes over a most negative situation. - Ethos (ACT Law Society), Autumn 2003 04 01 http://www.federationpress.com.au/images/book/Howley.JPG 01 The Federation Press 01 Zed Books (UK) 200210 The Federation Press IP 20 medium medium 02 35.00 9781862874190 03 03 9781862874190 15 9781862874190 BB http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862874190 1 B01 Robin Creyke Creyke, Robin Creyke 2 B01 Patrick Keyzer Keyzer, Patrick Keyzer 224 L 12 LX 01 This book commemorates the achievements of Sir Gerard Brennan AC KBE in the field of administrative justice. Through the eyes of judicial colleagues (Sir Anthony Mason, former Justice Davies, Justice Wilcox, Justice Balmford)), practitioners (Stephen Gageler SC), a former associate (Associate Professor Gerard Carney) and an eminent public lawyer (Stephen Skehill), we develop a picture of this key figure in Australian legal history. Sir Gerard's own voice is heard on the limits of the court's role in an era of corporatisation and lamenting its removal on politically sensitive issues such as migration. Through the three themes of the work - judicial review, human rights (including the impact of international law) and administrative tribunals - we view a man who adhered strictly to principled reasoning, consistency and constitutional propriety, a man who impressed on administrative law the standards, integrity and high standing which marked his judicial career. Sir Gerard is a man of principle and of compassion, sensitive to constitutional boundaries, a champion of individual rights, a guardian of judicial integrity and a principled common lawyer. It was to this figure that the stewardship of some of Australia's key administrative law institutions, particularly the Commonwealth's Administrative Appeals Tribunal, was entrusted. It was his wise initial captaincy which set that institution apart, preserved it from a hostile public sector, and ensured that the concept of a merit review tribunal with wide jurisdiction has been or is being copied in most Australian States and Territories. Sir Gerard's contribution did not end there. His understanding of the need for respect between and tolerance of each arm of government, especially between the executive and the courts, progressed with him to the Federal Court and ultimately the High Court of Australia, where he was Chief Justice from 1995-1998. At each level he produced outstanding and insightful judgments tempered by those personal qualities, and enriched by his deep understanding of law and government. 02 This book commemorates the achievements of Sir Gerard Brennan AC KBE in the field of administrative justice. 04 Tribute A Tribute to Sir Gerard Brennan Mr Daryl Davies Contribution by Sir Gerard Brennan The Review of Commonwealth Administrative Power: Some Current Issues The Hon Sir Gerard Brennan, AC, KBE Judicial Review Judicial Review: The Contribution of Sir Gerard Brennan The Hon Sir Anthony Mason, AC KBE Sir Gerard Brennan and Some Themes in Judicial Review Mr Stephen Gageler, SC Administrative Tribunals Sir Gerard Brennan and Administrative Tribunals Mr Stephen Skehill Administrative Tribunals and Sir Gerard Brennan: Some Specific Topics Justice Rosemary Balmford Human Rights Sir Gerard Brennan and Human Rights Law in Australia The Hon Justice Murray Wilcox Sir Gerard Brennan and Aspects of his Human Rights Perspective Associate Professor Gerard Carney Extra-Curial Writings Sir Gerard Brennan's Extra-Curial Writings Associate Professor Robin Creyke Tables of Cases/ Tables of Statutes/ Index 07 Traces of broader political battles are evidence throughout The Brennan Legacy which, although titled memorially, often seems more a work about contemporary tumult – including the Howard Government’s efforts at restricting asylum seekers’ access to justice, denounced scathingly (and correctly) by Brennan himself as a “conscious incursion upon the rule of law” in The Brennan Legacy, p15. - David Ritter, Australian Journal of Politics and History, Vol 50(3), 2004 07 This collection is designed to celebrate Sir Gerard Brennan’s contribution to the development of Australian administative law. Few would argue with the suggestion inferentially made by Stephen Gageler SC in his paper that Sir Gerard and his predecessor as Chief Justice of the High Court, Sir Anthony Mason, were the giants of Australian administrative law in the final quarter of the 20th century. … The essays … record the significance of Brennan’s influence upon the AAT, especially in the tribunal’s adoption of a ‘judicial’ approach to its work … Sir Gerard must be justly proud of the comment in the recent Leggatt Report (on the UK tribunal system) that Australia has the most advanced tribunal system in any common law jurisdiction. Both the Brennan and the Mason papers are valuable because they contain clearly distilled statements about their approaches to the developing jurisprudence of judicial review. … This is a book for the administrative law aficionado, for law students and for legal historians who seek an insider’s view … - Reform, Issue 82, 2003 04 01 http://www.federationpress.com.au/images/book/BrennanLegacy.jpg 01 The Federation Press 200206 The Federation Press IP 20 medium medium 02 75.00 9781862871038 03 03 9781862871038 15 9781862871038 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862871038 A01 Peter Bailey Bailey, Peter Bailey 282 YH 12 LX 12 HP 12 JB 12 Y 01 These stories are from all around the world, emphasising the universality of human rights. They raise current and topical issues. Some of the stories will be familiar, but will still contain fresh information and perspectives for most people; others will be new, and will extend the reader’s perceptions. In each case, the story, the person or group, comes first - clear, concise, unbiased and accurate - and is followed by identification, exposition and discussion of the human right or rights involved. 04 Group rights: Indigenous peoples, minorities and self-determination The Aborigines of Noonkanbah, the Penan of Sarawak and the Maori of Orakei: The rights of indigenous peoples Bangladesh, East timor and Lithuania: The struggle for nationhood, the right of peoples to self-determination The Amish of Wisconsin and the French speakers of Belgium: The rights of minorities 'Life' problems: Euthanasia, privacy and the environment Baby J and Karen Quinlan: The right to life Euthanasia for persons who cannot make their own choices The cases of Debbie and Mrs Janet Adkins: The right to life Euthanasia for persons capable of choosing The cases of Jane Roe and James Malone: The right to privacy The Chernobyl disaster and the forest dwellers of Brazil: The right to a sustainable environment Achieving Equality - Discrimination and Affirmative Action Nelson Mandela and Martin Luther King: Combating racial discrimination The cases of Donka Najdovska, Lynette Aldridge and Johnson controls: Sex discrimination and affirmative action The cases of Awet Josef of Eritrea and the Gillick children: The rights of children Liberty and Security for Individuals The cases of Monica Mignone and Patient Vera: Personal rights to liberty and security in times of emergency The cases of Karen Green and Joseph Brodsky: The right to work Tiananmen Square and the case of the Austrian doctors: The right to peaceful protest The cases of the IRA suspects and of Jeffrey Cosans: The right not to be subjected to torture or degrading forms of treatment Ways of Advancing Rights Concluding Comment The human rights enterprise References/ Index 04 01 http://www.federationpress.com.au/images/book/9781862871038.jpg 01 The Federation Press 199301 The Federation Press IP 21 medium medium 02 27.50 9781862873926 03 03 9781862873926 15 9781862873926 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862873926 1 B01 Paul McCarthy McCarthy, Paul McCarthy 2 B01 Jane Rylance Rylance, Jane Rylance 3 B01 Robin Bennett Bennett, Robin Bennett 4 B01 Helga Zimmerman Zimmerman, Helga Zimmerman 2 176 KN 12 KM 12 Y 01 Bullying doesn't stop at school. Adult life creates its own pressures, particularly in the workplace. Some people habitually, some occasionally, use inappropriate means to achieve their ends. Always there are victims-at work, in clubs, in families-and their numbers seem to be increasing. Research shows bullying to be astonishingly widespread and with high human and financial costs. For example, research indicates that between 25% and 50% of workers are likely to experience workplace bullying at some point during their career, and that 40% of those frequently bullied have been driven to contemplate suicide. Bullying: From Backyard to Boardroom describes and explains the modern phenomenon of bullying, providing valuable insight into the scale of the problem and the many ways and settings in which bullying occurs in Australia. It shows that bullying is always the personal behaviour choice of the bully, but an organisation's choice of structure and culture also impacts upon the incidence of bullying. The book shows how bullies thrive in some organisations and wilt in others. It contains moves and means to counter bullying, including policies, management strategies and legal remedies. Bullying: From Backyard to Boardroom is written in a clear and concise style. It is a practical book based on current research and the best theoretical frameworks. It is a useful resource for professionals who need to address bullying, for those experiencing bullying, and for those providing support to someone being bullied. 04 The Bullying Challenge Paul McCarthy and Jane Rylance Bullying in Schools and in the Workplace Ken Rigby European Research on Bullying at Work Dieter Zapf Bullying/Abuse in Helping Professions Jane Rylance Systems Bullying (The Police) Michael Kennedy Cultures of Secrecy, Abuse and Bullying Cara Beed Bullying Using Organisational Procedures Greg McMahon The Reluctant Executioners Vaughan Bowie Epiphany: A Method of Analysis for Workplace Violence Fiona Underwood The Bullying Syndrome Paul McCarthy Health and Safety Guidelines to Address Bullying at Work Cath Rafferty Bullying Of Victims By Present Injustices In The System Peter Gorman Eliminating Professional Abuse by Managers Michael Sheehan Bullying the Elderly Trish Bulbeck Bibliography/ Index 07 [A]n important book which addresses a contemporary issue in many Australian workplaces. Containing implications for individuals, groups, organisations and governments, many readers will find the book of considerable interest. - Grant Michelson, in The Journal of Industrial Relations, December 2001, and Worksite, Spring 2001 07 Reading this book has added to the knowledge I hold about workplace bullying and will inform my work as a practitioner. Reading the book at times got me overwhelmed by the extent of bullying, and at other times hopeful at the options available to move away from a culture where bullying is present. ... ... [T]here are many ideas in this book, which provoke and challenge. If you are in the position of influencing the culture of your (or any) organisation then please remember the voices of those who brought this problem of workplace bullying to our attention. - Industrial Relations Society of SA newsletter, Vol 4 No 3, 2001 07 ... this is a valuable educational resource [which] should remain a useful tool in the fight against workplace bullying. - Law Society Journal (NSW), March 2003 07 [A]n informative, thoughtful and concise publication ... an invaluable insight into the nature, incidence and negative ramifications of bullying behaviour in an Australian context. ... The discrete examples of bullying ... illustrate the extensive and complex nature of the problem, particularly in relation to the workplace. The number of people affected by bullying is astonishing. ... Various chapters are devoted to a general discussion of bullying and its ramifications in organisations generally. Others concentrate on specific sectors of the working community, for example in policing, the helping professions and in relation to the elderly. ... [B]ullying is not solely attributable to the behaviour of "the bully". Flaws within organisational structure and systems may also be responsible for creating, reinforcing and maintaining bullying behaviour, thus enabling the bullying to thrive in the workplace. Organisational changes such as downsizing are identified as creating the breeding ground for bullying behaviour. Individual susceptibility to becoming a victim is also discussed. This research is imperative... Bullying - from Backyard to Boardroom highlights the seriousness of bullying by spelling out the vast range of negative ramifications that are derived from bullying behaviour. ... A UK study identified that one in four victims of bullying will actually leave their job ... Low worker morale, absenteeism, replacement of staff, retraining and a declining public image are among some of the negative outcomes that create financial losses. ... The book would be a valuable resource for any organisation. Not only as a tool for heightening awareness of bullying, but as a guide for implementing policies to help prevent the problem and to effectively deal with any complaints that arise. - Rights Now, September 2001 04 01 http://www.federationpress.com.au/images/book/mccarthy.jpg 01 The Federation Press 200104 The Federation Press IP 20 medium medium 02 38.50 9781862875142 03 03 9781862875142 15 9781862875142 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862875142 A01 Peter Gillies Gillies, Peter Gillies 12 1056 KF 12 KM 12 L 12 Y 01 Business Law is a clear and accurate statement of the foundations of the Australian legal system, the law of contract and the major topics in commercial law. Known for facilitating a sound and comprehensive grasp of the subject, Business Law has a strong following amongst the business and legal communities. Company directors and others in business value it as a tool to understand legal concepts involved in everyday dealings and business agreements. Legal practitioners with diverse commercial practices find it valuable as a first resource for themselves, and ideal for their clients’ use. Contents include: the nature, sources and structure of Australian law detailed coverage of the law of contract business structures, such as companies, partnerships, trusts and agencies negligence and liability restrictions on trade practices, and consumer protection banking and financial transactions law real and intellectual property law, including copyright, patents and trade marks insurance credit law and bankruptcy. 04 Introduction Nature of Law, and of the Common Law in Particular/ Sources of the Law/ Law and Morality: Law and Justice: The Rule of Law/ Role of the Law: Law and Social Change/ Classifications in the Law/ The Australian Jurisdictions/ The Institutions of the Legal System/ Reception of English Law in Australia Judge-Made Law and Statute Law Common Law / Equity/ Statute Law The Courts, Litigation and the Legal Profession The Courts/ Litigation/ Tribunals/ The Legal Profession/ Alternative Dispute Resolution Federalism Introduction/ The Division of Powers/ Limits Imposed upon Federal and State Legislative Powers by the Commonwealth Constitution/ The Concurrent Powers - Conflict Between State and Federal Laws/ Consideration of Certain Heads of Commonwealth Power/ Amendments to the Constitution The Law of Torts Introduction/ The Tort of Negligence/ Trespass against the Person/ Torts against Land: Trespass and Nuisance/ Torts Concerning Chattels/ Rylands v Fletcher - Current Status/ Occupier's Liability/ Breach of Statutory Duty/ Deceit/ Animals/ Defamation/ Defences to Torts/ Vicarious Liability/ Statutory Limits on Damages Payable for Wrongs Causing Injury or Death The Criminal Law Introduction/ Nature of the Criminal Law: Its Purposes/ Sources of the Criminal Law: The Criminal Courts/ The Elements of an Offence: Bases of Liability/ Formally Classifying Offences/ Proving Criminal Liability/ Structure of the Substantive Criminal Law/ The Offences/ The Defences/ The General Principles and Doctrines Contracts - An Overview Contracts - the Idea/ Contracts is a Branch of the Civil Law/ The Evolving Law of Contract - The Philosophy of Laissez-faire and its Sequels/ Components of Contract Law Formation of Contract - Offer and Acceptance Introduction/ Offer/ Termination of Offer/ Acceptance/ Miscellaneous Aspects of Formation Formation of Contract - Consideration Introduction/ Should There be a Requirement of Consideration?/ Requirement of Consideration Waived Where Agreement Embodied in Deed/ Consideration Must Move From the Promisee, But Need Not Move to the Promisor/ The Concept of Consideration/ The Law is Unconcerned with the "Value" of Consideration (the Financial Value)/ Insufficient Consideration Formation of Contract - Intention to Create a Binding Contract Introduction/ Agreements Arising in the Business Context/ Agreements Arising in a Social or Domestic Context/ Subsidy and Other Administrative Schemes and Arrangements set up by Government Terms of the Contract - Principles of Construction Contractual Terms/ Principles of Construction/ Presumed Intent of the Parties/ Where Contract Written, Accord Ordinary Meaning to Language Where Possible/ Ambiguity/ Spirit of Agreement Approach v Actual Wording/ The Parol Evidence Rule and the Admission of Extrinsic Evidence in Interpreting Written Contracts Terms of Contract - Determining the Scope of the Contract Introduction/ The Difference Between Representations and Terms/ Incorporation of Terms by Signing, Display, etc/ Implied Terms/ Collateral Contracts/ Uncertain Terms Terms of the Contract - Issues of Meaning and Effect Exclusion Clauses/ Conditions and Warranties Vitiating Elements - Mistake Mistake - An Overview/ Categories of Legally Relevant Mistake/ Effect of Mistake at Common Law/ Effect of Mistake in Equity/ Miscellaneous Aspects of Mistake/ Rectification Vitiating Elements - Misrepresentation Introduction/ What is a Relevant or Operative Misrepresentation?/ Effect of Misrepresentation/ Miscellaneous Matters/ Relevant Legislation Vitiating Elements - Illegality Introduction/ Illegality at Common Law/ Illegality under Statute Law/ Severance/ Recovery of Money or other Property Handed Over Pursuant to an Illegal Contract/ Retrospective Validation of an Illegal Contract Vitiating Elements - Inequality Between the Parties Introduction/ Duress/ Undue Influence/ Unconscionable Dealing - Contracting With a Person Under a Disability/ A General Principle of Unfairness?/ Legislative Intervention Termination of the Contract in General Introduction/ Concepts: Terminology/ Termination by Performance/ Termination by Agreement and Related Concepts/ Termination by Virtue of a Term in the Contract/ Frustration/ Termination of an Indefinitely Continuing Agreement Termination of the Contract - Breach and Anticipatory Breach Introduction/ Actual Breach/ Anticipatory Breach/ Election to Affirm or Terminate the Contract/ Consequences of Termination/ Remedies for Breach and Anticipated Breach of Contract Remedies for Breach of Contract Damages for Breach and Anticipated Breach/ Liquidated Damages/ The Equitable Remedies/ Limitation Provisions Privity and Assignment The Doctrine of Privity of Contract/ Assignment of Contractual Rights and Obligations Contractual Capacity Introduction/ Minors/ Persons under a Disability of Mind, including Intoxication/ Corporations/ Bankrupts/ Married Women Contracts Required to be in Writing or Evidenced by Writing Introduction/ The Statute of Frauds 1677 (England)/ Miscellaneous Contracts Comprehended by the Statute of Frauds and its Modern Successors/ Contracts for the Sale of Goods/ Contracts for the Sale of Land/ Standard Terms and Concepts Associated with the Provisions/ The Doctrine of Part Performance/ Non-contractual Remedies at Common Law in Respect of Non-conforming Contracts/ Termination and Variation of Affected Contracts Contracts for the Sale of Goods Introduction/ Contract for the Sale of Goods - Nature/ Formalities of the Contract/ Classifying Goods/ Terms of the Contract/ Transfer of Property in the Goods/ Where Seller Does Not Have Title/ Performance of the Contract/ Remedies for Breach of Contract Quasi-Contractual Remedies Introduction/ Quasi-Contractual Remedies Especially Relevant to the Contractual Situation/ Other Quasi-Contractual Remedies Principal and Agent Introduction/ When Agency Arises (ie Creation of Agency)/ Relationships between Parties - Rights and Liabilities/ Termination of Agency/ Types of Agent Partnership Introduction/ Determining Whether a Partnership Exists/ Creation of Partnership/ Relations Between Partners and Third Parties/ Relations Between Partners/ Dissolution of the Partnership/ Winding Up the Business/ Limited Partnerships/ Registration of Business Names Property Introduction/ Real Property/ Personal Property/ Assignment of Real Property and Personal Property/ Priorities Between Competing Interests Intellectual Property Introduction/ Copyright/ Designs/ Patents/ Trade Marks/ Plant Breeder's Rights Act 1994 (Cth)/ General Law Remedies/ The Trade Practices Act 1974 (Cth), ss 52 and 53 Trusts Introduction/ Classifying Trusts/ Creation of a Trust/ Position of the Trustee/ The Position of the Beneficiary/ Termination of the Trust Succession Introduction/ Wills/ Executors and Administrators/ Administration of the Estate/ Testator's Family Maintenance Legislation Bailment Introduction: Concept of Bailment/ Classifying Bailments/ The Bailee's Duties/ The Bailor's Duties/ Termination of Bailment/ Special Types of Bailee Consumer Protection Overview/ The Consumer Provisions in the Trade Practices Act, Part V, and in the Fair Trading Acts/ Trade Practices Act, Part VA - Liability of Manufacturers and Importers of Defective Goods for Injury to Individuals, and Related Types of Damage Credit Law Introduction/ Mortgages Over Real Property/ Mortgages Over Personal Property/ Hire-purchase Agreements/ Other Traditional Arrangements Involving the Buying of Goods on Credit/ The Consumer Credit Code/ Pledges and Pawns/ Liens/ Privacy Law Affecting the Provision of Credit Insurance Law Introduction/ Concluding a Contract of Insurance/ Basic Concepts and Topics in Insurance Law/ Standard Classes of Insurance Bills of Exchange Introduction/ Definition of the Bill of Exchange/ Classifying Bills of Exchange/ The Parties to a Bill - Issues of Capacity and Role in Drawing, Accepting, Etc/ Negotiating a Bill/ Rights and Liabilities of the Parties to the Bill/ Discharge of the Bill/ Promissory Notes Banks and Cheques Introduction/ Banks/Financial Institutions, Customers and Their Relationship/ Cheques/ Special Provisions relating to FCA and FIC Institutions Bankruptcy Introduction/ Bankruptcy/ Arrangements With Creditors Without Sequestration: (A) Compositions, Arrangements and Assignments under Part X/ Arrangements Without Sequestration: (B) Debt Agreements The Trade Practices Act: Restrictive Trade Practices Introduction/ Some Concepts/ Administration of the Act/ Application of the Act/ Restrictive Trade Practices/ Part VI of the Act - The Remedies/ Authorisations/ Notifications/ Trans-Tasman Market Power Provisions/ Parts IVA and IVB of the Act - Protection of Smaller Businesses/ Access to Services - Part IIIA/ Part XIB - The Telecommunications Industry: Anti-Competitive Conduct and Record Keeping Rules/ Price Exploitation by Corporations in relation to the New Tax System Company Law by Michael Quilter Preliminary Matters/ Internal Organs - The Division of Power/ Formal Controls on Companies/ Financing Companies/ Financial and Other Problems/ The Company and Legally Significant Transactions/ The Wider Regulatory Framework Table of Cases/ Table of Statutes/ Index 07 The work continues to provide both students and practitioners with a useful guide through the various principles which together constitute “business law”. … Given the diversity of topics covered, the text cannot not does it purport to be a treatise on each of those topics. This does not, however, in any way diminish its usefulness. - Antony Lo Surdo, Australian Banking & FInance Law Bulletin, Nov/Dec 2004 07 The book’s greatest strengths are its clear, unaffected language and logical structure. Its analysis of legal principles and legislation are concise, and whenever possible, free of convoluted legal language. Business Law is eminently readable, but without sacrificing accuracy. … The emphasis on contract law makes Business Law invaluable for people involved in business and commerce. I suspect that, in some cases, a quick read through the relevant chapter of Business Law may provide a layperson with enough information to negate the need to speak with their solicitor. … The chapter entitled “Judge-made Law and Statute Law” and its discussion of common law, equity and statute law is, perhaps, the clearest and most concise treatment of the sources of Australian law that I have read. With its concise and accessible language, underpinned by some thorough research, it is easy to see why Business Law is currently in its 12th edition. - Rocco Cecere, Ethos (ACT Law Society), Dec 2004 07 It hardly seems 18 months has passed since I reviewed the 11th edition of this well-known and excellent publication. The 11th edition is testimony to the number of times that I have referred to it as it sits on my bookshelf, slightly off centre, and looks well used. … Over the years I have referred this book to many such people, particularly company executives and the like and have, on several occasions, loaned my copy for them to have the opportunity to consider. By so doing, I thought they would instantly see its value and purchase their own copy. Most have done, which confirms my thoughts of the real value of it. If you are not familiar with this book, then I would be surprised. It covers areas such as the law of Torts, Criminal law, Contract law and its ingredients, mistake, innocent and fraudulent misrepresentation, illegality, inequality as between the parties to a contract, breaches and, to use a term brought from America, Anticipatory breaches, Sale of Goods, Principal and Agent, Trusts, Succession, Intellectual Property, Consumer Credit law and the Trade Practices Acts (Cwlth), Insurance Law, Credit law, Bankruptcy, Banking and Bills of Exchange, not to forget Company law. Thus, no matter what the field in which you practice, there must be times when the greatest favour you can do to a client, is to point them towards Gillies, encourage them to have it in their Boardroom or library and more importantly, to take the time to read it! - BJM, Tasmanian Law Society Newsletter, September 2004 07 Reviews of 11th edition: [T]here are often times when one has a client who wants to try to understand legal concepts for themeslves, without having to obtain a law degree. It is in this context that I have found Gillies to be the answer. This is a book which looks at what the author calls "the foundation topics in the Australian legal system, the law of contracts and the major topics in commercial law". The method by which he looks at these is what makes this book so useful. The style in which it is written is down to earth, at times a little witty, and above all, detailed enough for a non-lawyer to understand but not so complex that a lay person loses the sense of what is being said. When I reviewed an earlier edition, I praised the book for its value as a student text and for people involved in commerce who needed ready access to a textbook on the issues to which they are exposed in their business. I remain of the view that this book fills that spot very well. … - Law Society of Tasmania newsletter, April 2003 07 If there is a need for a text for general business purposes, then it is hard to go past Business Law by Peter Gillies. - Australian Law Librarian, Vol 11(3), 2003 07 Review of 10th edition:What a relief! A legal book which is clear in language and structure, breaking down complex legal matters, and covers basic legal principles. … The most compelling feature of this work is that it is well written and easy to understand. The chapters contain a useful introduction that places each topic in its context and often shows the development of the legal principles. The book includes a comprehensive table of statutes and cases. The index is excellent. The book is an ideal reference book about basic legal principles that relate to business that is also relevant to legal practice. The publishers should consider publishing this important work in hardcover as it forms an important part of the libraries of many practitioners who use the work as a first reference. - International Trade & Business Law Annual, May 2002 04 01 http://www.federationpress.com.au/images/book/Gillies12.JPG 01 The Federation Press 20040714 The Federation Press IP 21 low medium 02 85.00 9781862871052 03 03 9781862871052 15 9781862871052 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862871052 1 B01 C A J Coady Coady, C A J Coady 2 B01 Charles Sampford Sampford, Charles Sampford 224 HP 12 KM 12 LA 01 This book focuses on two central debates: how to introduce higher ethical standards how to regulate business activity and prosecute offenders The authors bring outstanding experience and expertise from a wide range of disciplines. They provide critical reflection and analysis from the differing perspectives of regulators, philosophers, practising and academic lawyers and criminologists. 04 Approaching Business Ethics The Future of Business Ethics: Legal Regulation, Ethical Standard Setting and Institutional Design Charles Sampford and David Wood Corporate Roles, Personal Virtues, Moral Mazes: An Aristotelian Approach to Business Ethics Robert C Solomon The Ethics of Business and the Role of Religion John Langan The Role of Law and Regulation The Role of Regulators Bob Baxt Responsive Business Regulatory Institutions John Braithwaite Beyond Command and Control: Towards Flexible and Cost-effective Business Regulation Neil Gunningham Conflict of Interest: Chinese Walls and Bamboo Curtains Frank Costigan Ethical Contexts Improving Ethics through Organisational Culture: A Comparison of Two Approaches Amanda Sinclair Ethos and Ethics in Business CAJ Coady 'Beyond Compliance': A Corporate Response to Environmental Ethics Chris Burnup Ethical Reflection and Business Practice Max Charlesworth 04 01 http://www.federationpress.com.au/images/book/coady.JPG 01 The Federation Press 199302 The Federation Press IP 20 medium medium 02 38.50 9780975110324 03 03 9780975110324 15 9780975110324 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9780975110324 B01 J M Bennett Bennett, J M Dr Bennett 242 CV 12 HB 12 LX 01 Thomas Callaghan arrived in Sydney in February 1840 as a young Irish lawyer newly admitted to the Bar. He kept up his habit of writing a diary for the next six years while establishing himself professionally in the colony. This edition covers these years, beginning with an account of his arrival aboard the Arkwright in Darling Harbour, letters of introduction in hand, and ending with the start of his term as Crown Prosecutor, the publication of his first book and his hopes of further professional advancement. In between, the diary entries provide: a fascinating insight into legal Sydney in the 1840s. Through the eyes of this lonely, shy, young Irishman living on the financial edge we are introduced to the leading lights of the expanding colony. (The Hon Keith Mason, in the Foreword) Eminent legal historian Dr J. M. Bennett brings Thomas Callaghan’s diary to the public for the first time, supported by explanatory notes of people, places and events to make it generally accessible. This fascinating account provides a rare look at daily life in colonial Sydney, and will intrigue anyone with an interest in nineteenth-century Australian history. 02 The 1840s Sydney Diary of Thomas Callaghan provides a rare look at daily life in colonial Sydney, and will intrigue anyone with an interest in nineteenth-century Australian history. 04 Foreword by the Honourable Justice Keith Mason AC, President, New South Wales Court of Appeal Preface by Ian Harrison SC, President, New South Wales Bar Association Editor’s Introduction People in the Diary Biographical Note The Diary of Thomas Callaghan The Year 1840 The Year 1841 The Year 1842 The Year 1843 The Year 1844 The Year 1845 Notes / Index 04 01 http://www.federationpress.com.au/images/book/9780975110324.jpg 01 The Francis Forbes Society for Australian Legal History 200506 The Federation Press IP 21 low medium 02 30.00 9781862877092 03 03 9781862877092 15 9781862877092 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862877092 A01 Michael Head Head, Michael Head 256 JW 12 JP 12 YH 12 L 01 A recognised expert on military call-out law, Associate Professor Michael Head, examines the troop call-out legislation introduced in 2000 and 2006, and reviews the ongoing Constitutional and legal uncertainties. This book raises a number of crucial issues that have received little public attention. The Australian Defence Force can be deployed on such vague grounds as ‘domestic violence’ and ‘Commonwealth interests’. Military commanders are given sweeping powers, including to use lethal force, shoot down civilian aircraft, interrogate people, raid premises and seize documents. Furthermore, other powers may still exist – under the common law or the Australian Constitution – to invoke ‘military aid to civil power’ or even martial law. The Governor-General remains the Commander-in-Chief of the armed forces, and the vice-regal powers over the military are unclear. While this book will be of particular interest to students, scholars and practitioners of law, as well as military lawyers and experts, it is also directed to members of the public, with the aim of stimulating much-needed debate. Part One reviews the contours, context and historical origins of the callout laws, and the underlying militarisation of aspects of society. Part Two examines the details of the laws and explores the legal and Constitutional questions. Part Three outlines the global parallels and probes the political implications. 02 A recognised expert on military call-out law, Associate Professor Michael Head, examines the various powers of the Australian government to call out the troops to deal with civil unrest, the legal and Constitutional doubts surrounding these powers and the political implications. 04 Part One: The Context Introduction: Causes for concern Key definitions ‘Domestic violence’ and calling out the troops Historical background: A troubled record The Constitutional framework: A civil/military demarcation Australia's expanding military deployments Part Two: Probing the Details The military call-out legislation Executive power and the Governor-General’s role The military and the police Constitutional doubts Legal uncertainties Civilian jurisdiction or military justice? Part Three: Conclusions Global trends and democratic implications Index 07 Makes very important points on the dangers of excessive executive power to democracy and the dangers of excessive responses to internal disturbances potentially fuelling its causes. This makes Calling Out the Troops a very significant - perhaps critical - contribution to debate on the role of the military in internal security. - Melbourne University Law Review ([2009 MULR 35]) 07 The book is a very useful analysis of important aspects of the way in which governments, both in Australia and overseas, have used the “war on terror” to erode human and legal rights. This book would be of interest to academic, military lawyers, and students. It would also be of interest to persons concerned about progressive incursions by government upon the human rights of citizens. That, perhaps, should include all of us. - Hearsay, the Journal of the Bar Association of Queensland, May 2010 07 Overall the impact of Head's discussion and analysis is dramatic, particularly as he grounds his legal analysis in a reading of Australian history. - Labour History, May 2010 07 Calling Out the Troops provides a detailed and critical analysis of Australia's military call-out laws. Dr Head places the Australian law in the context of global trends towards increasing military control of of civilian populations and the militarisation of society generally. This work raises crucial questions regarding the relationship between the citizen and the state and deserves to be widely read. - Law Institute Journal of Victoria, April 2010 04 01 http://www.federationpress.com.au/images/book/9781862877092.jpg 01 The Federation Press 20090520 The Federation Press IP 21 medium medium 02 49.95 9781862872219 03 03 9781862872219 15 9781862872219 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862872219 A01 Veronica Brady Brady, Veronica Brady 160 J 12 JB 12 HB 12 C 12 Y 01 'White Australians talk about the "Aboriginal problem". The first this is to define the issue facing us non-Aboriginals. Is it an Aboriginal problem at all? I would suggest not. The problem is ours …' So starts Veronica Brady as she seeks the road to reconciliation. But how can there be true and lasting reconciliation if we non-Aboriginals do not understand our historical and cultural assumptions? Why is reconciliation with Australia’s Aborigines so peculiarly hard for the country’s white population? Veronica Brady asks how it is that we failed to understand the peoples whose land we occupied. Why have we found it so difficulty to recognise Aborigines as human beings with skills, wisdom and history very different to ours but equally valid. Brady explores these issues by looking at the attitudes, hopes and fears we brought with us, and the ways in which these show themselves in fiction from early days to contemporary works like Oscar and Lucinda and My Place. 04 "Deemed unjustifiable by some . . . " All things in their imagined counterparts "If you break the mirror . . . " The new Heaven and the new Earth "The Captain feels most dreadfully chagrined . . . " "The mortal wound . . ." People in glass churches . . . "Truer than truth itself" "Where are you riding to, Master?" "It is where we are wounded" 04 01 http://www.federationpress.com.au/images/book/brady.jpg 01 The Federation Press 199610 The Federation Press IP 20 medium medium 02 27.50 9781552211571 03 03 9781552211571 15 9781552211571 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781552211571 1 A01 Julien D Payne Payne, Julien D Payne 2 A01 Marilyn A Payne Payne, Marilyn A Payne 3 858 L 12 LJ 01 Canadian family law is a fascinating blend of old and new. It is continually in transition as it responds to evolving family structures. 02 Canadian family law is a fascinating blend of old and new. It is continually in transition as it responds to evolving family structures. 04 Family structures and Canadian family law Marriage Cohabitational relationships Domestic contracts Family violence The crises of marriage breakdown and processes for dealing with them Divorce: jurisdiction; judgements; foreign divorces; ground for divorce; bars Spousal support on or after divorce Child support on or after divorce Parenting arrangements after divorce Remedies available under provincial and territorial legislation Matrimonial property rights Appendix 1: Divorce ActAppendix 2: Federal Child Support GuidelinesAppendix 3: Ontario Family Law Act Appendix 4 : Ontario Children's Law Reform Act Table of CasesIndex 04 01 http://www.federationpress.com.au/images/book/9781552211571.jpg 01 Irwin Law (Canada) 200805 The Federation Press IP 21 low medium 02 85.00 9780864694188 03 03 9780864694188 15 9780864694188 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9780864694188 A01 Paul F Smith Smith, Paul F Smith 228 M 12 VF 12 MB 12 Y 01 Cannabis is one of the most widely used drugs in the world. Popular as a recreational drug for thousands of years, it has also been used as a medicine since 2300 BC. Over the last few decades, cannabis users and an increasing number of doctors and scientists have demanded the reform of cannabis laws. But do we know how cannabis works? What effect does it have on the brain? What ill-effects are associated with its use? Is there any convincing evidence supporting its use as a medicine? Should it be decriminalised? Cannabis on the Brain answers these questions using the latest scientific information from pharmacology and medicine, using a minimum of technical jargon. 04 What is cannabis? How cannabis gets into the brain What cannabis does to the brain What cannabis does to behaviour Adverse effects of cannabis Evidence for dependence on cannabis Therapeutic applications of cannabinoids Social and legal issues relating to cannabis Conclusion: The future of cannabis and cannabinoids References/ Index 04 01 http://www.federationpress.com.au/images/book/SmithCannabis.JPG 01 Dunmore (NZ) 200211 The Federation Press IP 20 medium medium 02 34.95 9781552211786 03 03 9781552211786 15 9781552211786 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781552211786 A01 Constance Backhouse Backhouse, Constance Backhouse 442 J 12 LX 12 LJ 01 Winner of the 2009 Canadian Law and Society Association Book Prize Carnal Crimes: Sexual Assault Law in Canada, 1900-1975 is an engaging and powerful book about sexual assault crimes in Canadian history written by one of Canada’s foremost legal historians. Using a case-study approach, Constance Backhouse explores nine sexual assault trials from across the country throughout the twentieth century. We move from small towns to large cities, from the Maritimes to the Northwest Territories, from the suffrage era to the period of the women’s liberation movement. Each of these richly-textured vignettes offers insight into the failure of the criminal justice system to protect women from sexual assault, and each is highly readable and provocative. The most moving chapters document the law’s refusal to accommodate a woman who could only give evidence in sign language, and the heartbreak of a child rape trial. Backhouse deals sensitively and deftly with these difficult stories. This book is the best kind of legal history — a vivid exploration of the past which also gives us the tools to assess the efficacy (or in this case lack of efficacy) of the legal system. 02 Carnal Crimes is an engaging and powerful book about sexual assault crimes in Canadian history written by one of Canada's foremost legal historians. Highly readable and provocative case studies provide insight into the failures of the criminal justice system in sexual assault trials. 04 Introduction "Don't You Bully Me... Justice I Want if There is Justice to be Had": The Rape of Mary Ann Burton, London, Ontario, 1907 "On pensait que la fille était bonne á rien": Fiola, 1917 The Prosecution of Henry Kissel in the Roaring Twenties in Halifax Sexual Battery: Gynecological Treatment in the Mercer Reformatory, 1939-40 Sexual Assault and Disability: Saskatchewan, 1942 Child Witnesses - "By Psychological Definition ... A Disservice to the True End of Justice": Soulière, 1951-52 Canada's First Capital "L" Lesbian Sexual Assault: Yellowknife, 1955 "Sordid" but "Understandable under the Circumstances": Kohnke, Croft, and Wilson, 1967 "Imprisonment Would Be of No Assistance to the Accused": Angione, 1974 Conclusion Notes/ Index 07 Superbly written and riveting, this legal history of sexual assaults opens a window, long closed, into the myths and stereotypes which, for so long, have inhabited our laws while also revealing the incredible pain andinjustices suffered by victims. A great book! - Honourable Madam Justice Claire L’Heureux-Dubé, Supreme Court of Canada (retired) 07 This engaging and powerful book demonstrates the ubiquitous nature of sexual assault in 20th century Canada and, as the author puts it, “the appalling fa