2023 Fellow Spotlight

2023 Fellow Spotlight

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A selection of books and other contributions to the law from Fellows of the Academy.

Contribution

People

Patrick Keane AC KC

Intro

Academy Fellow the Honourable Patrick Keane AC KC has comprehensively reviewed and updated what is now the third edition of Estoppel by Conduct and Election, originally written by the Honourable K.R. Handley.
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As the publisher explains:

“The book examines estoppel in the context of commercial transactions and property dealings. It examines election in relation to commercial dealings. It provides a comprehensive but accessible exposition of general principles including a discussion of the particular relationships in which these principles have been applied and developed by the courts.

With the concerns of practising lawyers who advise upon and litigate issues of estoppel in mind, the general principles are stated and illustrated in their application by reference to leading decisions of the higher courts of the Commonwealth of Nations.  Where steps in the judicial development remain controversial in point of authority, the controversy is identified and explicated by an in-depth examination of the leading cases”.

Further details of the book can be found here: Estoppel by Conduct and Election 3rd Edition – Thomson Reuters Australia

August 2023

Contribution

People

Professor Michael Legg

Intro

Academy Fellow Professor Michael Legg has had published, with Mr Ross McInnes, a 3rd edition of Australian Annotated Class Actions Legislation.
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As the publisher explains, the book “provides a section-by-section analysis of the legislative regimes in the Federal Court, Victoria, New South Wales, Queensland, Tasmania and Western Australia and relevant case law in an easily accessible format for the busy practitioner.

Class actions are an established and increasing part of the Australian legal landscape with more and more law firms, not traditionally involved in class actions, needing access to up-to-date information on this growing area of law.

Features

Australian Annotated Class Actions Legislation will provide:

• commentary, annotations to the legislation, and practical guidance for legal practitioners

• up-to-date legislation and case law analysis

• a multi-jurisdictional approach including comparative table of provisions for Cth, Vic, NSW, Qld, Tasmania, WA”.

Further details can be found here:  Australian Annotated Class Actions Legislation, 3rd edition | LexisNexis Australia

August 2023

Contribution

People

Professor Gino Dal Pont

Intro

Academy Fellow and director Professor Gino Dal Pont has produced the eighth edition of his text – Equity and Trusts in Australia – published through Thomson Reuters.
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As the publisher explains, the book

“remains the leading text for students of equity and trusts. It continues to provide a comprehensive, but at the same time, accessible coverage of the law of equity and trusts in Australia. Equity and Trusts in Australia places that law in the context of developments, both judicial and legislative, in other common law countries. At the same time, it adopts a critical analysis in areas of uncertainty, and makes very frequent reference to the views of commentators from Australia and elsewhere.

The detail and breadth of coverage of this book make it authoritative, as evidenced by its multiple citations in superior courts in Australia and elsewhere. This text is therefore an essential resource for the practitioner. Its accessible style, coupled with an accompanying casebook that adopts the same chapter order and structure, also makes the work ideal for students. Together they mark the work as unique in Australian equity and trusts”.

Further details are here: Equity and Trusts in Australia Eighth Edition – eBook – Thomson Reuters Australia

August 2023

Contribution

People

Elise Bant is Professor of Private Law and Commercial Regulation at The University of Western Australia and Professorial Fellow at Melbourne Law School, The University of Melbourne.

Intro

Academy Fellow Professor Elise Bant has had published, as editor, The Culpable Corporate Mind, by Bloomsbury. As the publisher explains:
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“This collection examines critically, and with an eye to reform, conceptions and conditions of corporate blameworthiness in law. It draws on legal, moral, regulatory and psychological theory, as well as historical and comparative perspectives. These insights are applied across the spheres of civil, criminal, and international law.

The collection also has a deliberate focus on the ‘nuts and bolts’ of the law: the legal, equitable and statutory principles and rules that operate to establish corporate states of mind, on which responsibility as a matter of daily legal practice commonly depends. The collection therefore engages strongly with scholarly debates.

The book also speaks, clearly and cogently, to the judges, regulators, legislators, law reform commissioners, barristers and practitioners who administer and, through their respective roles, incrementally influence the development of the law at the coalface of legal practice”.

The book was launched on 1 June 2023 at the University Club of WA by the Hon Justice Gordon of the High Court of Australia, followed by a panel discussion with Mr Joseph Longo, Chair of the Australian Securities and Investments Commission, alongside a range of eminent contributors to the collection. The full recording and the program of this event are available here:  https://unravellingcorporatefraud.com/book-launch/  

Professor Bant’s website on corporate fraud is at this link unravellingcorporatefraud.com

Further details of the book, including as to its purchase, are at this link: The Culpable Corporate Mind: : Elise Bant: Hart Publishing (bloomsbury.com)

June 2023

Contribution

People

Professor Greg Tolhurst
Hon Justice Elisabeth Peden

Intro

Academy Fellows Professor Greg Tolhurst and the Hon Justice Elisabeth Peden have had published the 3rd edition of Furmston and Tolhurst on Contract Formation, by Oxford University Press.
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The book provides

  • A comprehensive coverage of the legal principles governing contract formation
  • Answers practical and difficult issues facing practitioners in the area of contract formation
  • Incorporates discussion of cases from England, Australia, Canada, the USA, Singapore, and New Zealand

New to this edition is:

  • Consideration of the development of contract formation in England through cases such as Devani v Wells [2019] which considered the extent to which implied terms can be used to overcome issues of uncertainty and completeness.
  • Examination of Crown Melbourne Ltd v Cosmopolitan Hotel (Vic) Pty Ltd [2016] and how contract formation can involve issues of law or fact.

Further details about the book are available from Oxford University Press

Contribution

People

Professor Michael Legg
Hon Justice Elisabeth Peden

Intro

Academy Fellow Professor Michael Legg, along with James Metzger, has had published The Australian Class Action, an edited collection of essays marking the 30th anniversary of the introduction of class actions law in Australia.
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As Federation Press writes:

“Class actions are one of the most controversial forms of litigation, being both loved and loathed. Class actions were introduced into Australia by Part IVA of the Federal Court of Australia Act 1976 (Cth) which commenced on 4 March 1992. This book uses the 30th anniversary as an opportunity to reflect on the major themes and controversies that have arisen during its operation.

The text examines the initial objectives for the procedure, such as access to justice and the efficient resolution of multiple claims. It also focuses on how the core requirements of the justice system, namely procedural fairness, open justice and finality, apply in the class action context. The text then explores the role of lawyers and litigation funders as necessary contributors of expertise and financing. Lastly, the text examines the class action through a number of theoretical lenses, such as law and economics, comparative law and politics.

The book features chapters from leading Australian and international academics and Australian jurists, including Emeritus Professor Peta Spender, Professor Rachel Mulheron, Justice Jayne Jagot and Justice Michael Lee.

‘All who have to participate in or think about the conduct of such cases now and in the future (whether as practitioner, scholar, student or the legislature) will benefit from this collection of essays.’: The Hon Michelle Gordon AC, Justice of the High Court of Australia”.

Contribution

People

Professor Ian Ramsay

Intro

Academy Fellow Professor Ian Ramsay has written a second edition of Company Directors: Principles of Law and Corporate Governance.
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The text is described as

a detailed, scholarly and comprehensive analysis of corporate law and governance principles as they relate to Australian company directors.

This major work is an invaluable addition to existing Australian corporate law knowledge, and is an essential resource for practising lawyers, company directors, company secretaries, inhouse counsel and academics, as well as those with an interest in company directors and corporate governance.

… this second edition covers important areas, in particular, the duties of company directors, remedies for breach of these duties, and the structure and operations of the board of directors are examined. Expert commentary on corporate governance, as it relates to company directors, is also provided. This second edition incorporates the extensive legislative and case law developments that have occurred since the first edition was published in 2005”: see Company Directors: Principles of Law and Corporate Governance, 2nd edition | LexisNexis Australia.

Contribution

People

Justice Geoff Lindsay
Ms Carol Webster SC
John P Hamilton QC

Intro

Academy fellows Justice Geoff Lindsay and Ms Carol Webster SC, along with John P Hamilton QC, have produced the 2022 edition of their NSW Civil Procedure Handbook, which provides practitioners with essential annotated procedural and evidence legislation for all NSW courts in a single volume: NSW Civil Procedure Handbook 2022 – Thomson Reuters Australia.
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