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• 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
• 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.

• Acknowledgments Preface PART ONE: First Nations Constitutionalism, Conceptual Apparatus, and Methodological Framework
• Chapter 1: Introduction
• Chapter 2: A conceptual narrative of constitutionalism: modern conceptualisation and contemporary (re) formulations
• Chapter 3: A conceptual apparatus for inquiries into Australian First Nations constitutionalism
• Chapter 4: Journeying 'extraordinary places': methodological approaches for a macro-intercultural comparison of Australian First Nations constitutional orders PART TWO: The Warlpiri, Yolngu, and Pintupi Constitutional Orders Compared
• Chapter 5: The genesis of the Warlpiri, Yolngu, and Pintupi constitutional orders
• Chapter 6: The foundational principles of the Warlpiri, Yolngu, and Pintupi constitutional orders
• Chapter 7: The basic institutional elements of the Warlpiri, Yolngu, and Pintupi constitutional orders PART THREE: An Emergent Legal Theory of the Warlpiri, Yolngu, and Pintupi Constitutional Orders
• Chapter 8: Articulation of an emergent legal theory for the Warlpiri, Yolngu, and Pintupi constitutional orders
• Chapter 9: Conclusion Glossary Bibliography Index.
• (source: Nielsen Book Data)

The book considers Australian First Nations constitutionalism by drawing on the chthonic constitutional traditions of three distinct Australian First Nations legal orders: the Warlpiri, Yolngu, and Pintupi legal orders, in the endeavour of identifying, via a comparative analysis, a core of similarities to be drawn upon and articulate an emergent legal theory common to the three legal orders. The comparative analysis is undertaken at the most foundational levels of their legal traditions, via the prism of a legal paradigm elaborated with reference to an Australian Indigenous cosmological, ontological, and epistemological standpoint. The proposed legal theory comprises a broad overview, general concepts, normative principles, and general working principles. In so doing, the book expounds how Australian First Nations constitutionalism unfolds into holistic orders of spiritual, political, and legal authority that are explainable in terms of legal theory. At the most foundational level, such elaboration may help delineate normative and legal constitutional patterns throughout Indigenous Australia.
(source: Nielsen Book Data)

• 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.

• 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 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
• 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.

• 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

"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.

• What is animal law?
• Legal and regulatory framework
• Companion animals
• Farmed animals
• Animals useed for entertainment, sport, and recreation
• Animals in the wild
• The use of animals in research and teaching
• (Re)telling the animal law story

"Australian Animal Law: Context and Critique provides comprehensive information about the legal and regulatory framework governing the interaction between humans and animals. By relating specific content areas to the discipline’s broader characteristics and themes, researcher Elizabeth Ellis exposes the systemic nature of current problems and the consequent need for significant change. This book also illustrates the role of official animal protection narratives in legitimising the existing system despite the many factual flaws they contain. Ellis covers the major areas of animal law in detail, incorporating accessible contextual material and allowing readers to consolidate their understanding and build upon their knowledge. Key areas include the concept of unnecessary animal suffering, the effective exemption of most animals from the operation of cruelty laws, regulatory conflicts of interest, the hidden nature of animal use and the lack of transparency in animal law"-- Provided by publisher

• Editor's introduction / Peter Cane, Lisa Ford, and Mark Macmillan
• Plural legal orders : concept and practice / Shaunnagh Dorsett
• English legal culture in the late 18th century : institutions and values / David Lieberman
• Lawful Mary / Spiers Williams
• Colonial settlement to colony / Bruce Kercher
• Colonial self government / Ann Curthoys and Jessie Mitchell
• Federation / Brendan Lim
• Constitutionalism in Australia / Cheryl Saunders
• Indigenous governance / Tim Rowse, Jennifer Green, Daryle Rigney, Denis Rose, Alison Vivian, Miriam Jorgensen, Steve Hemming, Shaun Berg
• The challenge of indigenous polities / Kirsty Gover and Eddie Cubillo
• Australia as Empire / Miranda Johnson and Cait Storr
• Australia and the world / Coel Kirkby
• Settlement and dispossession / Lisa Ford and David Andrew Roberts
• Australian land law / Maureen Tehan
• Aboriginal land rights, subjection, and the law / Amanda Kearney
• Land justice / Jason Behrendt and Sean Brennan
• Environment / Ruth A Morgan and Judith Jones
• Colonial law and its control of aboriginal and Torres Strait islander families / Terri Libesman, Katherine Ellinghaus, and Paul Gray
• The legal history of non-indigenous marriage / Alecia Simmonds
• Protection regimes / Amanda Nettelbeck
• Economic and social welfare / Anne O'Brien
• Civil rights and indigenous people / Gary Foley and Crystal McKinnon
• Rights / Frank Bongiorno
• Citizenship and immigration / Rayner Thwaites
• Criminal law and the administration of justice in early New South Wales and Van Diemen's land / David Andrew Roberts
• Criminal justice after the convicts : a history of the long twentieth century / Andy Kaladelfos and Alana Piper
• Indigenous peoples and settler criminal law / Mark Finnane
• Civil wrongs / Mark Lunney
• Labour law / Diane Kirkby
• Place and race in Australian copyright law : May Gibbs' and Albert Namatjira's copyright / Kathy Bowrey
• Indigenous legal traditions and Australian indigenous legal traditions / Nicole Watson
• Reckoning with the past / Shino Konishi

"The editorial project we set for ourselves was to assemble a legal history of Australia. As this continent has been occupied by human communities for more than 60,000 years, this is, of course, an impossible task. We have approached it cautiously and partially. The essays in this volume explore encounters of laws, people and place in Australia since 1788. They address at least three distinct aspects of this broad topic. One concerns the complex unfolding of Australian settler law in the shadow of the British Empire. It begins with the fundamental tenet of British imperial law - that English law applied in settled colonies to the extent that it was appropriate to local circumstances and conditions.2 Many of the essays in the volume go on to explore the employment and adaptation of inherited laws and ideologies for the legal project of settler nationbuilding after federation. A second aspect of the broad theme of encounter concerns interaction between settler law and First Nations people: it concerns ways in which and the extent to which introduced and adapted laws were applied to Aboriginal and Torres"-- Provided by publisher

• 1. Editor's introduction Peter Cane, Lisa Ford and Mark Macmillan
• Part I. Cultures of Law: 2. Plural Legal orders: concept and practice Shaunnagh Dorsett
• 3. English legal culture in the late 18th century: institutions and values David Lieberman
• 4. Lawful Mary Spiers Williams
• Part II. Public Authority: 5. Colonial settlement to colony Bruce Kercher
• 6. Colonial self government Ann Curthoys and Jessie Mitchell
• 7. Federation Brendan Lim
• 8. Constitutionalism in Australia Cheryl Saunders
• 9. Indigenous governance
• 9.1 Mparntwe/Alice Springs: Towards a history of indigenous and settler jurisdictions Tim Rowse and Jennifer Green
• 9.2 Gunditjmara and Ngarrindjeri: Case studies of indigenous self-government Daryle Rigney, Denis Rose, Alison Vivian, Miriam Jorgensen, Steve Hemming and Shaun Berg
• Part III. Public Authorities in Encounter: 10. The challenge of indigenous polities Kirsty Gover and Eddie Cubillo
• 11. Australia as empire Miranda Johnson and Cait Storr
• 12. Australia and the World Coel Kirkby
• Part IV. Land and Environment: 13. Settlement and dispossession Lisa Ford and David Andrew Roberts
• 14. Australian land law Maureen Tehan
• 15. Aboriginal land rights, subjection and the law Amanda Kearney
• 16. Land justice Jason Behrendt and Sean Brennan
• 17. Environment Ruth A Morgan and Judith Jones
• Part V. Social Organisation: 18. Colonial law and its control of aboriginal and Torres Strait islander families Terri Libesman, Katherine Ellinghaus and Paul Gray
• 19. The legal history of non-indigenous marriage Alecia Simmonds
• 20. Protection regimes Amanda Nettelbeck
• 21. Economic and social welfare Anne O'Brien
• 22. Civil rights and indigenous people Gary Foley and Crystal McKinnon
• 23. Rights Frank Bongiorno
• 24. Citizenship and immigration Rayner Thwaites
• Part VI. Social Ordering: 25. Criminal law and the administration of justice in early New South Wales and van diemen's land David Andrew Roberts
• 26. Criminal justice after the convicts: A history of the long twentieth century Andy Kaladelfos and Alana Piper
• 27. Indigenous peoples and settler criminal law Mark Finnane
• 28. Civil wrongs Mark Lunney
• 29. Labour law Diane Kirkby
• 30. Place and race in australian copyright law: May gibbs' and albert namatjira's copyright Kathy Bowrey
• Part VII: Reckonings: 31. Indigenous legal traditions and australian legal education Nicole Watson
• 32. Reckoning with the past Shino Konishi.
• (source: Nielsen Book Data)

Featuring contributions from leading lawyers, historians and social scientists, this path-breaking volume explores encounters of laws, people, and places in Australia since 1788. Its chapters address three major themes: the development of Australian settler law in the shadow of the British Empire; the interaction between settler law and First Nations people; and the possibility of meaningful encounter between First laws and settler legal regimes in Australia. Several chapters explore the limited space provided by Australian settler law for respectful encounters, particularly in light of the High Court's particular concerns about the fragility of Australian sovereignty. Tracing the development of a uniquely Australian law and the various contexts that shaped it, this volume is concerned with the complexity, plurality, and ambiguity of Australia's legal history.
(source: Nielsen Book Data)

• 1. An overview of the Commonwealth's criminal laws and its investigative powers
• 2. General principles of criminal responsibility
• 3. Offences against the Commonwealth
• 4. Offences under the Corporations Act 2001 (Cth)
• 5. Money laundering
• 6. The security of the Commonwealth
• 7. Serious drug and precursor offences
• 8. Child exploitation
• 9. Sentencing, imprisonment and release
• 10. Extradition.

"Now in its third edition, Troy Anderson's Commonwealth Criminal Law is the only text that seeks to provide both the student and practitioner with an overview of how Commonwealth criminal law intersects with State and Territory criminal law. It details the general principles of criminal responsibility created under the Criminal Code 1995 (Cth) and contains chapters dealing with the most commonly prosecuted offences. These include fraud against the Commonwealth, child exploitation, money laundering, drug importation, terrorism and corporate crime. Each of these chapters also sets out the relevant sentencing principles applicable to these offences"--

• Introduction
• Background
• The Timber Creek jurisprudence
• Critique of Timber Creek’s economic component : an alternative methodology
• Critique of Timber Creek’s non-economic component : further guidance
• Constitutional “just terms” and its implications
• Compensation (and other remedies) at general law
• Conclusion

"This book is about how Australian law compensates Indigenous Australians for the loss or impairment of native title rights. Although statutory entitlements to compensation have been available in the Native Title Act 1993 (Cth) since its commencement, it was not until 2016 that the first judicial determination of compensation was made. In 2019 the High Court of Australia gave its first consideration to the topic, in Northern Territory v Griffiths [2019] HCA 7 (the "Timber Creek" decision). This book surveys the current state of the law, explores future directions, and seeks to resolve some as yet undetermined issues. It provides the first extended analysis of this emerging body of law. Apart from considering compensation under the Native Title Act and how it should properly be assessed, the book also explores the availability of common law remedies for native title holders, and considers the implications of the Commonwealth Constitution's guarantee of "just terms" for certain acquisitions of property"-- Provided by publisher

• 1. The Many Facets of a Cutting-Edge Court: A Study of the Land and Environment Court of New South Wales The Hon Justice Brian J Preston (Chief Judge of the Land and Environment Court of New South Wales, Australia) PART I FUNCTION
• 2. From Reactive to Proactive Decision-Making by the Land and Environment Court of New South Wales Douglas Fisher (Queensland University of Technology, Australia)
• 3. The Place of the Land and Environment Court in the Planning System of New South Wales Leslie Stein (University of Sydney, Australia)
• 4. The Land and Environment Court of New South Wales and the Transnationalisation of Climate Law: The Case of Gloucester Resources v Minister for Planning Jacqueline Peel (University of Melbourne, Australia)
• 5. Transnational Dimensions of the Land and Environment Court of New South Wales Ben Boer (University of Sydney, Australia)
• 6. The International Outreach of the Land and Environment Court of New South Wales: Diffusion in India Gitanjali Nain Gill (Northumbria University, UK) PART II DOCTRINE
• 7. Biodiversity and the Land and Environment Court of New South Wales Paul Adam (University of New South Wales, Australia)
• 8. Environmental Principles and the Construction of a New Body of Legal Reasoning Eloise Scotford (University College London, UK)
• 9. The Land and Environment Court of New South Wales and the Recognition of Indigenous Peoples' Environmental Rights Megan Davis (Indigenous Law Centre, and UNSW, Australia)
• 10. The Administrative Law Expertise of the Land and Environment Court of New South Wales Elizabeth Fisher (University of Oxford, UK)
• 11. Ecocentrism and Criminal Proceedings for Offences against Environmental Laws Rob White (University of Tasmania) PART III PROCESS
• 12. You Can Only Keep Something by Giving it Away Tim Bonyhady (Australian National University)
• 13. 'Please Come In': Access to Justice and the Development of Jurisprudence in the Land and Environment Court of New South Wales Jeff Smith (Australian centre for Climate and Environmental Law and Sue Higginson (an environmental lawyer in Australia)
• 14. Alternative Dispute Resolution in the Land and Environment Court of New South Wales Mary Walker OAM (International Bar Association Mediation Committee)
• 15. The Land and Environment Court of New South Wales: Normative Legitimacy and Adjudicative Integrity Ceri Warnock (University of Otago, New Zealand) CONCLUSION
• 16. Afterword: Law in Unexpected Places Elizabeth Fisher (University of Oxford, UK).
• (source: Nielsen Book Data)

This book provides a critical assessment of the New South Wales Land and Environmental Court (NSWLEC). Effective adjudication has become a key consideration for environmental lawyers. One of the most important questions is whether environmental law frameworks need their own courts, with the conclusion being: yes they do. Here, a pioneer of such a court, the NSWLEC is forensically examined to see what it might teach other such courts. Showing a court 'in action' it suggests models that practitioners and policy makers might follow. It also speaks to the environmental law scholars, setting out a conceptual framework for studying such courts as legal institutions. This multi-faceted collection is invaluable to scholars and practitioners alike.
(source: Nielsen Book Data)

• Introduction: 'Men in skirts' and other dilemmas and disappoitments
• The masculinist foundations of Australia’s legal and Constitutional framework
• Jobs for the girls : judicial appointments to the High Court of Australia and the politics of merit
• Sworn to be : gender, difference and judicial swearing-in speech
• A judgment of one’s own? : staking a claim to judicial authority
• PGA v The Queen and the judicial imagination
• Gendered harms in Monis v The Queen
• The art of looking back : the farewell ritual and the construction of judicial legacies
• The high court today : negotiating progress, privilege and hegemonic masculinity

This book seeks to understand how women judges are situated as legal knowers on the High Court of Australia by asking whether a near-equal gender balance on the High Court has disrupted the Court's historically masculinist gender regime. This book examines how the High Court's gender regime operates once there is more than one woman on the bench. It explores the following questions: How have the Court's gender relations accommodated the presence women on the bench? How have the women themselves accommodated those pre-existing gender relations? How might legal judgments and reasoning change as a result of changing gender dynamics on the bench? To develop answers to these (and other) questions the book pursues a methodology that conceptualises the High Court as an institution with a particular gender regime shaped historically by the dominant gender order of the wider society. The intersection between the (gendered) individuals and the (gendered) institution in which they operate produces and reproduces that institution's gender regime. Hence, the enquiry is not so much asking 'have women judges made a difference?' but rather is asking how should we understand women judges' relationship with the law, a relationship that is shaped as much by the individual judge as by the institutional context in which they operate. Scholars, legal practitioners and researchers interested in judicial reasoning, gender diversity and the legal profession, gender and politics will be interested in this book because it breaks new ground as a case study of a Court's gender regime at a particular time.
(source: Nielsen Book Data)

• Introduction: A Flawed Middle-Aged Constitution
• Chapter 1: Middle Aged Constitution
• Chapter 2: Federation and Henry Parkes' Boast
• Chapter 3: Federation and "Australia's Magna Carta"
• Chapter 4: Constitutional Problem 1: A Very Misleading Constitution
• Chapter 5: Constitutional Problem 2: Constitutional Provisions Undermined by the High Court
• Chapter 6: Constitutional Problem 3: Constitutional Provisions that are Badly and Misleadingly Designed
• Chapter 7: Constitutional Problem 4: Constitutional Requirements Based on Judicial Invention
• Chapter 8: Constitutional Problem 5: A Constitution that Does Not Deal with the Essential Nature of Federation
• Chapter 9: Constitutional Problem 6: A Constitution with a Result Very Different from its Design
• Chapter 10: The Need for an "Intelligible Theory"
• Chapter 11: What Do We Do Now?
• (source: Nielsen Book Data)

Despite the Australian Constitution having been one of the most stable since its commencement in 1901, it is becoming fatally flawed. The Naked Australian Constitution examines these flaws and the lack of public appreciation of those defects. This is due to several serious errors, including the racial basis of its origin, and the misleading nature of its text-with the High Court having interpreted it in a remarkably subjective manner, undermining the few express requirements and freedoms in the Constitution while also applying concepts that are not required by the constitutional text. As a result, the Constitution is now what the High Court says it is, instead of what it was expected to be by its drafters. Most Australians have no knowledge of the Constitution or its operation, but with the growing subjective application of the Constitution, this constitutional digression requires remedy by a Constitutional review. Ian Killey argues that without review, the Australian people will eventually see the Australian Constitution for what it is rapidly becoming-an Emperor with no clothes.
(source: Nielsen Book Data)