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"This book examines transitions from law school to the legal profession, and their impact on wellbeing. There is a significant body of evidence that suggests law student wellbeing is particularly problematic, partially due to the distinctive nature of law as a discipline. Similarly, there is a growing body of international evidence demonstrating poor levels of wellbeing within the legal profession, with lawyers suffering higher levels of stress, anxiety and depression than the general population. To date there has been no detailed consideration of the impact of these transitions on wellbeing, or discussion of the best ways to ameliorate any negative effects. This edited collection will explore a range of transitions, from entry into law school through to progression to managerial roles within the legal profession. Rather than focusing on discrete areas or chunks of time, this book focuses on the process of transitioning holistically. " -- Provided by publisher.

• Introduction
• Understanding “common law” and “equity”
• The variety of statutes
• The entangled complexity of statute law and judge-made law
• Five judicature fallacies
• Equity and the judicature legislation
• Equity’s continuing distinctiveness after the judicature legislation
• “There is but one common law of Australia” : fact or fallacy?
• The structure of judge-made law in Australia
• Consequences of the structure of judge-made law in Australia
• Concluding dialogue.

"This strikingly original book explains how the Australian legal system is structured, and how that structure informs the way novel questions of law are argued and decided. One of this book’s themes is that, in the minority of litigation which involves the determination of a question of law, it often makes sense to regard the legal system as an entangled product of statute and judge-made law, within which common law and equity are separate components. Another is that the actual workings of the legal system are far more complex than appears in most accounts, and within that complexity lies the scope for principled development. A third is that an appreciation of legal history will almost always assist in the resolution of novel questions of law, mostly by lightening the weight of precedent. The book analyses what is meant by the “common law of Australia”, what is the relationship between judge-made law and statutes, and how courts resolve novel questions of law. It explains why some questions are best regarded as aspects of the common law, why others are best regarded as questions of statutory construction, why some are difficult to characterize, and why this matters. It also explains why equity continues to be a distinct component of judge-made law, with a different relationship with statute. And it gives a nuanced account of precedent and the role of authority from different jurisdictions. The ideas in some of the chapters are illustrated by dialogues between a teacher and students, replicating a once common form of legal literature, including St Germain’s Doctor and Student, published half a millennium ago"-- Provided by publisher.

• Introduction
• History of defamation law in England
• History of defamation law in Australia
• Reputation
• Freedom of speech
• The cause of action for defamation
• Publication
• Identification
• Meaning
• Defamation
• Particular defamatory meanings
• Capacity to sue : plaintiffs
• Capacity to be sued : defendants
• Privacy
• Other causes of action
• Alternative resolution
• Role of judge and jury
• The defenses
• Truth
• Contextual truth
• Absolute privilege
• The privileged occasion
• Malice
• Statements to the world at large
• Statutory defenses of qualified privilege
• Protected reports
• Fair comment
• Honest opinion
• Innocent dissemination
• Circumstances of publication
• Damages at common law
• General damages
• Award of damages
• Increasing damages : aggravation
• Exemplary damages
• Reducing damages : mitigation
• Special damages
• Other aspects of damages
• Injunctions and alternative remedies
• Non-monetary remedies
• Costs
• Evidence/transitional
• Reform
• Criminal law.

"An expert analysis of key issues in the first major reform to model defamation provisions since 2005. This fourth edition of Defamation Law in Australia examines key amendments to the Defamation Act that commenced on 1 July 2021 in most jurisdictions in Australia"-- Provided by publisher.

• The nature of statutory interpretation
• A modern history of key concepts
• Constitutional context
• Legislative intent
• The judicial duty to be independent
• Text-based interpretation
• Context
• Purpose
• Practical techniques
• Legislative drafting
• Enactment procedure
• Commencement
• Structure and components of an Act
• Problem analysis : sources of doubt
• The language of the provision
• The effect of drafting styles
• Special categories of legislation : the interpretation of remedial, penal and revenue provisions
• Linguistic canons
• The 'always speaking' approach
• The scheme and components of an Act
• Legislative antecedents (evolution) including subsequent amending Acts
• Pre-existing common law
• Background facts and circumstances
• Extrinsic materials ? : pre-parliamentary and parliamentary materials
• Interpretation Acts
• Other acts of general application
• Consequences
• The principle of legality
• Use of the statute book and legislation of other jurisdictions
• Use of precedent
• International treaties and materials
• Other common law presumptions and aids
• Inadmissible considerations
• Remedial constructions for drafting errors
• Provisions in apparent conflict
• Statutory powers and their characterisation : discretion or duty?
• The effect of non-compliance with a statutory requirement
• Statutory reasonableness
• Presumption against retrospective operation
• Presumption against application to government and other Crown entities
• Presumption against extraterritorial operation
• Mental ingredient of statutory offences
• Delegated legislation.

"Statutory interpretation is both a distinct body of law governing the determination of the meaning of legislation and a task that requires a set of skills. It is thus an essential area of legal practice, education and research. Modern Statutory Interpretation: Framework, Principles and Practice is an original, clear, coherent and research-based account of contemporary Australian statutory interpretation. Written by experts in the field, the book provides a comprehensive coverage of statutory interpretation law as well as examining related areas such as legislative drafting, the parliamentary process, the modern history of interpretation, sources of doubt, and interpretation techniques. The content is structured in eight parts. Parts I-III introduce foundational matters, Parts IV-VII deal with the general principles of interpretation, and Part VIII examines special interpretative issues. Modern Statutory Interpretation is an essential resource for legal professionals, legal researchers, and students undertaking advanced courses in statutory interpretation in Australia: Written by experts in the field; Comprehensive coverage of statutory interpretation law; Clear overall structure, including foundational principles"-- Provided by publisher.

• Introduction
• The executive power of the Commonwealth
• The development of the nationhood power in the Australian case law
• The nationhood power and the use of the armed forces during emergencies
• The nationhood power and border protection
• Federalism as a limit on the nationhood power --gConclusion.

"The first comprehensive study of the nature and scope of the nationhood power, this book brings a fresh perspective to the scholarship on the powers of the executive branch in Australia. The question of when the Federal Executive Government can act without the authorisation of the Parliament is contested and highly topical in Australia. In recent judicial decisions, Australian courts have suggested that statutory authorisation may not be required where the Federal Executive Government is exercising the nationhood power; that is, the implied executive power derived from the character and status of the Commonwealth as the national government. The Federal Executive Government has relied on this power to implement controversial spending programs, respond to national emergencies and exclude non-citizens from Australia. Together, the chapters in this book analyse and evaluate judicial observations about the operation of the nationhood power in these different contexts and its relationship with the other categories of federal executive power in s 61 of the Constitution. While the focus of this book is on the nationhood power, it also addresses broader issues concerning the relationship between the legislative and executive branches in parliamentary systems of government. This book makes an important contribution to the literature on executive power and will appeal to constitutional lawyers, scholars and practitioners and those who are involved in the administration of government"-- Provided by publisher.

• Introduction
• Responsible government in the British constitutional tradition
• Responsible government in the Australian colonies
• The framers' views : conflict and resolution
• The framers' views : the functioning of a federal commonwealth
• A theory of responsible government under the Australian constitution
• Implications for the interpretation of the constitution
• Conclusion.

"This book looks at responsible government under the Australian Constitution. It undertakes a detailed examination of the history leading to the incorporation of responsible government into the Constitution, examining the political history and constitutional ideas which informed the framers' views. It draws on this history to develop a theory of responsible government and explore its implications for the interpretation of the Constitution and the structure of modern government in Australia. The book fills a major gap in our knowledge of the intellectual background of the Australian Constitution by explaining the constitutional ideas that have shaped the text and structure of the Australian Constitution. It contributes to worldwide debates about constitutional interpretation by showing how rigorous use of history can lead to novel interpretations of constitutions without being tied to the 'dead hands of the founders"-- Provided by publisher.

Contains commission reports and research papers on various subjects from 1973 to the present.

• Introduction
• Commencement, amendment, repeal
• Framework and content of legislation
• Particular general references
• Particular words
• Particular activities
• Government offices : definitions, appointments and delegations
• Exercise of powers
• Miscellaneous.

"A clear, precise and pratical guide to the Interpretation Acts that govern the construction and interpretation of legislation" -- Back cover.

The government and copyright' focuses on the interplay between law, policy and practice in copyright law by investigating the rights of the government as the copyright owner, the preserver of copyright material and the user of other's copyright material under the Copyright Act 1968 (Cth).

Contains a complete collection of authorised decisions from the High Court of Australia dating back to 1903 and extending to the present day

Information submitted to Australian Senate discussing Australia's Recognition of Foreign Marriages Bill 2014. Includes statistical analysis of international data on same-sex marriage

• Introduction
• The shareholder activism debate
• The setting for Australian activism
• The evidence of Australian shareholder activism (I)
• The evidence of Australian shareholder activism (II)
• The nuances and significance of Australian shareholder activism
• Revisiting the regulatory debate (I) : shareholder resolutions Law Reform
• Revisiting the regulatory debate (II) : regulating collective shareholder activism
• Conclusion

"This book explores the regulatory challenges of public company shareholder activism. Around the world, policy makers, practitioners and academics debate how best to regulate shareholder activism. Using Australia as a case study, the book examines key issues raised by this debate. With a market structure and legal settings that are conducive to activism, Australia makes an ideal case study and provides a fresh comparative perspective on the regulatory debate about shareholder activism, which tends to be dominated by US-focused analysis and commentary. The book presents empirical evidence which reveals that Australian activism is a significant and multifaceted phenomenon, undertaken by different types of activists pursuing varying strategies and supported by a range of complementary market developments. The book uses this evidence to develop comparative insights and explore internationally topical issues, including: - activists' willingness to use interventionist governance rights; - the role of intermediaries such as proxy advisers in facilitating activism; - institutional investor stewardship; and - the risks of collective shareholder activism. This book provides an important comparative perspective on the topic of shareholder activism. It is an essential resource for policy makers, practitioners and academics interested in the regulatory implications of shareholder activism"-- Provided by publisher

• Thirty years of class actions in Australia / Michael Legg and James Metzger --tAccess to justice and compensation through the class action / Michael Legg
• A tale of two interests : access to justice and finality in class action litigation / The Hon Justice Michael Lee and Emerson Hynard
• Open justice and class actions : including a judicial perspective / Hon Justice Janyne Jagot, The Hon Justice Bernard Murphy and Aaron Moss
• Due process in class actions / Andrew Higgins
• Financing and funding class actions : some reflections from the trenches and the ivory tower / Peter Cashman
• Class actions : insights from regulatory and institutional theory / Peta Spender
• The law and economics of Australian class actions / Ben Chen and Michael Legg
• Class actions in a democratic society / James Metzger
• The politics of class action reform : relfections on the American experience / by Linda S Mullenix
• Third party funding, class actions and the task of statutory intepretation / by Racheal Mulheron

"The aim of this edited collection is to commemorate the 30th anniversary of the comprehensive class actions legislation that was introduced by Part IVA of the Federal Court of Australia Act 1976 (Cth) by assembling a range of essays that would reflect on the origins on that law, assess the developments in its application over its 30-year history and predict what shape class action practice and law reform might take in both the near and more distant future"-- Provided by publisher

• Introduction
• Technological aspects of streaming
• The impact of copyright law on streaming
• Copyright defences or exceptions for streaming digital content
• Circumvention of geo-blocking, technological protection measures, and streaming
• Websiote blocking as a new enforcement mechanism, streaming, and end-users
• Conclusion and recommendations

"This book examines the challenges posed to Australian copyright law by streaming, from the end-user perspective. It compares the Australian position with the European Union and United States to draw lessons from them, regarding how they have dealt with streaming and copyright. By critically examining the technological functionality of streaming and the failure of copyright enforcement against the masses, it argues for strengthening end-user rights. The rising popularity of streaming has resulted in a revolutionary change to how digital content, such as sound recordings, cinematographic films, and radio and television broadcasts, is used on the internet. Superseding the conventional method of downloading, using streaming to access digital content has challenged copyright law, because it is not clear whether end-user acts of streaming constitute copyright infringement. These prevailing grey areas between copyright and streaming often make end-users feel doubtful about accessing digital content through streaming. It is uncertain whether exercising the right of reproduction is appropriately suited for streaming, given the ambiguities of "embodiment" and scope of "substantial part". Conversely, the fair dealing defence in Australia cannot be used aptly to defend end-users' acts of streaming digital content, because end-users who use streaming to access digital content can rarely rely on the defence of fair dealing for the purposes of criticism or review, news reporting, parody or satire, or research or study. When considering a temporary copy exception, end-users are at risk of being held liable for infringement when using streaming to access a website that contains infringing digital content, even if they lack any knowledge about the content's infringing nature. Moreover, the grey areas in circumventing geo-blocking have made end-users hesitant to access websites through streaming because it not clear whether technological protection measures apply to geo-blocking. End-users have a severe lack of knowledge about whether they can use circumvention methods, such as virtual private networks, to access streaming websites without being held liable for copyright infringement. Despite the intricacies between copyright and access to digital content, the recently implemented website-blocking laws have emboldened copyright owners while suppressing end-users' access to digital content. This is because the principles of proportionality and public interest have been given less attention when determining website-blocking injunctions"-- Provided by publisher