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In three series: 1. Cases at law -- 2. Cases in equity -- 3. Matrimonial cases

• Introduction
• Measures to enhance the objectivity and accountability of experts
• Measures to increase transparency
• Measures for the efficient use of experts
• Alternatives to experts

• [Volume 1]. The colonial period, 1788-1900
• volume 2. The new state, 1901-1955.

New South Wales is that rare political creation, a state founded for and upon the criminal law. The history of its criminal law from settlement to Federation is uniquely fascinating. Drawing on his range of experience as a university scholar, a criminal law QC and a judge, the author explains how Britain's criminal laws were established and developed in its (arguably) most successful colony. There are three themes: the horror and savagery of the criminal law transported to Australia and imposed there the constitutional importance of basic criminal law rules requiring certainty of proof the corrupt but necessary role of mercy in the administration of the lawThere are several genuinely remarkable features of this book. One is that the author draws upon a vast body of material recently brought to light by Bruce Kercher in his massive disinterment of early colonial case law, to explain in detail the actual working of the New South Wales criminal courts. Another is that the core of the book is an analysis of New South Wales parliamentary debates between 1871 and 1883 on criminal law, illuminating the history of the law (and its future). Yet the most remarkable thing of all about this book is its rarity. In the many places where the British Empire imposed its laws, there are hundreds of universities and centres of legal study. Histories of the criminal law, or studies which can be so described, are rare or invisible. This admirable study will become a classic in its field, required reading by legal scholars, historians of colony and empire, and by astute legal practitioners making arguments for contemporary submissions or judgments.
(source: Nielsen Book Data)

• Verdict
• Early years
• Juries, oaths and witnesses
• Magistrates, bushrangers and the lash
• Church and state
• Sanctuary
• The big bushwhack
• Day's diligence
• Dangar's dilemma
• Trial
• An offer refused
• Retrial
• Consequences
• Leave, London and the end of transportation
• Public education, Sisters of Charity and the incident of the Bible
• Dichotomous and deathly debates
• Self-government and a slow decline
• Legacies
• A different chalice.

One of the most shocking murder trials in Australia's legal history, and the tribulations of the man who conducted it. In 1838, eleven convicts and former convicts were put on trial for the brutal murder of 28 Aboriginal men, women and children at Myall Creek in New South Wales. The trial created an enormous amount of controversy because it was almost unknown for Europeans to be charged with the murder of Aborigines. It would become the most serious trial of mass murder in Australia's history. The trial's prosecutor was the Attorney General of New South Wales, John Hubert Plunkett. It proved to be Plunkett's greatest test, as it pitted his forensic brilliance and his belief in equality before the law against the combined forces of the free settlers, the squatters, the military, the emancipists, the newspapers, and even the convict population. From the bestselling author of Kidnapped and Eugenia, Murder at Myall Creek follows the journey of the man who arguably achieved more for modern-day civil rights in Australia than anyone else before or since.

• Introduction
• The socio-political context of imprisonment in New South Wales
• Theorising sentencing
• Experiencing sentencing
• Managerialism, discipline and the "responsible prisoner"
• Relational aspects of imprisonment
• Rehabilitation
• Conclusion.

This book examines the lives of the sentenced to argue that 'sentencing' should be re-conceived to consider the human perspective. It combines a range of modern criminological and legal theories together with interviews with prisoners in New South Wales, to examine their lives during and beyond completing the terms of imprisonment, for a more continuous and coherent perspective on the process of 'sentencing'. This book makes a strong argument for the practical advantages of listening to the voices of the sentenced and it is therefore a useful tool for the correctional community engaged in providing services and programmes to reduce recidivism. A methodological and well-researched text, this book will be of particular interest to scholars of criminal justice and the penal system, as well as policy makers and practitioners.
(source: Nielsen Book Data)

• Introduction
• UPP 1 : anonymity and pseudoanonimity
• UPP 2 : collection
• UPP 3 : notification
• UPP 4 : openness
• UPP 5 : use and disclosure
• UPP 6 : direct marketing
• UPP 7 : data quality
• UPP 8 : data security
• UPP 9 : access and correction
• UPP 10 : identifiers
• UPP 11 : cross-border data flows.

• Foreword by the Honourable Keith Mason, AC, QC Acknowledgements List of Illustrations "Dramatis Personae"
• 1. An "Erratic and Wandering Race"
• 2. "The Largest Business of Any Man at the Bar"
• 3. "Active Politics Always Bored Him"
• 4. Some Lawyers' Laws and Law Reforms
• 5. Defence - "The Dawn of Australia as a Nation"
• 6. Taking Silk: Taking Leave: and Taking Stock
• 7. (Sir) Julian Salomons: the Phantom Chief Justice
• 8. "A Great Public Duty"
• 9. "I Never Aspired to the Bench"
• 10. Industrial Law - or Politics?
• 11. Crown Land Legislation - "an unitelligible chaos"
• 12. Diametrical Opposites
• 13. Representing the Queen
• 14. "The Return of the Native" Abbreviations Notes Index Table of Cases Schedule of Parliamentary Bills Table of Statutes.
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J M Bennett's Sir Frederick Darley, the new biography in his acclaimed Lives of the Australian Chief Justices series, describes in fascinating detail one of the most extraordinary episodes in Australian judicial history. In November 1886, the circumstances being unprecedented, New South Wales had three successive Chief Justices. On 4 November Sir James Martin died in office. Attorney-General Want, pressing a false claim to the vacancy, nevertheless declined it. The salary was too low. The great orator W B Dalley, QC, also rejected the position. His health was failing. F M Darley, QC, was immediately approached, but having a large family to support, he also declined. The government turned to Julian Salomons, QC, who accepted and was gazetted. Almost immediately, without taking his seat, he resigned for the extraordinary reasons disclosed in Dr Bennett's fascinating chapter on the "Phantom Chief Justice". A perplexed government urged Darley's reconsideration. He did so reluctantly, serving from 29 November at great financial sacrifice. As the Hon Keith Mason, AC, QC, notes in his insightful foreword, Darley's reluctance to serve was ultimately "matched only by his reluctance to relinquish the role over 20 years later". Richly detailed chapters trace Darley's progression from birth and education in Ireland to Bar practice there at a time when too many lawyers competed for too little work. Darley migrated to Sydney, succeeding beyond his wildest hopes to build a preeminent practice, command a fortune and become a Legislative Councillor. Always regarding Australia as his "adopted country", he retained his "Irishness" to the end. With characteristic care and precision, the author reviews Darley's judicial career, his distinguished presidency over the Supreme Court in difficult years, and his work administering the colony on many occasions as Lieutenant-Governor. Darley might well have retired in 1902 when he accepted a place on the English Royal Commission inquiring into the poor military performance in the Boer War. But despite illness, and resistance to social and industrial change, he persevered on the bench until his death in 1910. The product of meticulous research, Sir Frederick Darley paints an illuminating portrait of the life and times of this important man, whose judicial accomplishments and dedication to duty and service won great acclaim and respect. "As with his earlier lives of Chief Justices, John Bennett has provided us with insights into life and customs as well as fascinating snippets of Darley the husband and paterfamilias. A proud Irishman, he is said to have 'embodied the Victorian era and its values'."The Hon Keith Mason, AC, QC (from the foreword) The NSW State Set of Lives of Australian Chief Justices, which includes, Sir Francis Forbes, Sir James Dowling, Sir Alfred Stephen, Sir James Martin and Sir Frederick Darley is available for $210.00 - to order the NSW State Set, click here.
(source: Nielsen Book Data)