Australian Restitution Law

Author: Sharon Erbacher
Publisher: Routledge
ISBN: 113531571X
Format: PDF, ePub, Docs
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This book is the first casebook on restitution law to be published in Australia. It contains comprehensive extracts from the most significant Australian and English cases, together with some Canadian cases which indicate the possible direction which Australian law will take. The author has included substantial commentaries following the extracts, in order to further explain the decisions from overseas jurisdictions, to place those decisions in an Australian context. In the last decade, there has been a significant number of Australian decisions which deal with important concepts in restitution, and which supplement, qualify or refine the English law of restitution. The focus in this book on the Australian position makes it an invaluable resource for anyone who is studying or researching restitution law in Australia.

Mason and Carter s Restitution Law in Australia

Author: Keith Mason
Publisher:
ISBN: 9780409341621
Format: PDF, Docs
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Restitution is one of the law's few remaining commons, largely untouched by statute. Fifty years ago restitution was a wilderness, an apparent 'miscellany of disparate categories' through which litigant, judge and student trudged holding a compass marked 'implied contract' at its four points. The landscape of the modern Australian law of restitution, however, is complex. The topic of restitution addressed by the authors includes doctrines responding to different and/or additional policies as well as gain-based remedies appurtenant to wrongs with their juridical source outside unjust enrichment, which is only one of the bases for restitution. In this third edition, the content has been revised and updated. Chapter 3 (Want of Title) has been substantially updated and Chapter 24 (Change of Position) has been completely rewritten. This book is essential reading for members of the judiciary, barristers and solicitors Australia wide, as well as students of commercial law, equity and remedies.

Australian Constitutional Values

Author: Rosalind Dixon
Publisher: Bloomsbury Publishing
ISBN: 1509918418
Format: PDF
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Vigorous debate exists among constitutional scholars as to the appropriate 'modalities' of constitutional argument, and their relative weight. Many scholars, however, argue that one important modality of constitutional argument involves attention to underlying constitutional purposes or 'values'. In Australia, this kind of values-oriented approach has been advocated by leading constitutional scholars, and also finds support in the judgments of the High Court at various times, particularly during the Mason Court era. Much of the scholarly debate on constitutional values to date, however, focuses on whether the Court should in fact look to constitutional values in this way, not the kinds of values the Court should consider, given such an approach. This book responds to this gap in the existing scholarly literature, by inviting a range of leading Australian constitutional lawyers and scholars to address the relevance and scope of various substantive constitutional values, and how they might affect the Court's approach to constitutional interpretation in various contexts. It is essential reading for anyone seeking a deeper understanding of Australia's constitutional system.

The Varieties of Restitution

Author: Ian McNeil Jackman
Publisher: Federation Press
ISBN: 9781862872936
Format: PDF, ePub
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The law of restitution is commonly described in terms of a unifying principle of "unjust enrichment at the plaintiffs expense." Jackman challenges that view, revealing that much of the law of restitution does not concern cases where the defendant has been "enriched" or where the plaintiff has suffered "expense." Demonstrating that there are several distinct concepts of "injustice" at stake, he then identifies three fundamentally distinct categories of legal thought in this area: the reversal of non-voluntary transactions; the fulfilment of non-contractual promises; and the protection of the private legal facilities of proprietary rights and fiduciary relationships. In so doing, the author highlights the central and disparate principles of restitution so often masked by the concern for uniformity.

Law of Agency

Author: Gino Evan Dal Pont
Publisher: Butterworth-Heinemann
ISBN: 9780409324365
Format: PDF
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The most substantial Australian text on the law of agency. Part of the LexisNexis Butterworths Black and Silver hard cover series, the second edition of Law of Agency updates the both case law and legislation as it relates to agency law. The author discusses Australian law in both a local and international context. Since the first edition there have been High Court judgments and hundreds of decisions in common law courts. Importantly, the book incorporates the significant statutory changes in the Australian Capital Territory, New South Wales, Tasmania and other jurisdictions. The book is structured in the same manner as the first edition and takes you through agency law as it relates to tort, equity, company law, partnership law, banking law, professional responsibility, insurance law and the power of attorney.

Human Rights and Judicial Review in Australia and Canada

Author: Janina Boughey
Publisher: Bloomsbury Publishing
ISBN: 1509907882
Format: PDF, Mobi
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It is commonly asserted that bills of rights have had a 'righting' effect on the principles of judicial review of administrative action and have been a key driver of the modern expansion in judicial oversight of the executive arm of government. A number of commentators have pointed to Australian administrative law as evidence for this 'righting' hypothesis. They have suggested that the fact that Australia is an outlier among common law jurisdictions in having neither a statutory nor a constitutional framework to expressly protect human rights explains why Australia alone continues to take an apparently 'formalist', 'legalist' and 'conservative' approach to administrative law. Other commentators and judges, including a number in Canada, have argued the opposite: that bills of rights have the effect of stifling the development of the common law. However, for the most part, all these claims remain just that – there has been limited detailed analysis of the issue, and no detailed comparative analysis of the veracity of the claims. This book analyses in detail the interaction between administrative and human rights law in Australia and Canada, arguing that both jurisdictions have reached remarkably similar positions regarding the balance between judicial and executive power, and between broader fundamental principles including the rule of law, parliamentary sovereignty and the separation of powers. It will provide valuable reading for all those researching judicial review and human rights.

Principles of Land Contracts and Options in Australia

Author: C. J. Rossiter
Publisher:
ISBN: 9780409311280
Format: PDF
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General compendium of the law of vendor and purchaser in relation to residential and commercial contracts for the sale of land in Australia. Topics covered include formation of contract, contracts by Estoppel, enforceability of land contracts, options and rights of pre-emption, the deposit, vendor disclosure, title and requisitions on title, time and notices to complete and remedies. Includes table of cases, table of statutes, footnotes and index. Author is Professor of Law, University of New South Wales, and Deputy President of the Administrative Decisions Tribunal of NSW.

Traffic Offences and Accidents

Author: Douglas Brown
Publisher:
ISBN: 9780409322767
Format: PDF, ePub
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Examines the principles of law governing offences and negligence by motorists on the roads in Australia.