A collection of papers, speeches and chapters of Academy Fellow the Hon James Allsop AC has been published as The Humanity of Law by Federation Press, in association with the Australian Academy of Law.
As the editors, Ruth Higgins SC and Kevin Connor SC, state in their introduction to the book:
“A pervasive concern of the Honourable James Allsop AC, in both his judicial and extra-judicial writings, has been the pursuit of the often ineffable, but always necessary, human element in the law.”
The book is divided into six parts and contains 18 papers, speeches and chapters which cover the nature of law and public power, the profession and judiciary, and substantive aspects of equity, statute, commercial, and maritime law. The result is a book that reveals the continuities and evolution of Allsop’s thinking, and his significant contribution to legal thinking and to public life.
The book was launched on 27 November 2024 by the Hon Chief Justice Stephen Gageler AC who has provided a foreword to the book.
The publisher lists the parts and chapters of the book as follows:
Introduction: From Analysis to Synthesis: RCA Higgins SC & K Connor SC
Part I: The Humanity of Law
1. The law as an expression of the whole personality
2. Values in Law
3. Rules and Values, in law ¾ and neuroscience
Part II: Thinking About Law
4. The Importance of how we attend and of context
5. Uncertainty as a part of certainty
6. The Rule of Law is not a law of rules
7. Being a judge
Part III: Reflections on Public Power
8. Values in Public Law
9. The law governing use of public power
Part IV: The Profession
10. The culture of the legal profession: lessons of the past and hope for the future
11. The independent Bar
12. Machines becoming humans, or humans becoming machines?
Part V: Commercial Law
13. Statutes and equity
14. Some reflections on good faith in contract law
15. The intersection of companies and trusts
16. Piercing the corporate veil
Part VI: Maritime and Insurance
17. Australian admiralty and maritime law
18. The central role of insurance in modern society and in the development of the law: The Hon James Allsop AC and Louise Dargan
Index
Further details about the book including as to purchase are at this link.
Academy Fellows Emeritus Professor Robyn Creyke AO, Professor Matthew Groves and Emeritus Professor John McMillan AO, and Mr Mark Smyth, have produced the 7th edition of Control of Government Action: Text, Cases and Commentary, Lexis Nexis, 2024.
Professor Groves has recently been appointed to the re-established Administrative Review Council, a body which is explained in the book.
This highly respected work provides clear, detailed coverage of the legal controls on government decision-making in each Australian jurisdiction, supported by extracts from legislation, cases and commentary. It covers the public law concepts and theories that influence government decision-making and administrative review, and the different roles played by courts, tribunals, ombudsmen and other review bodies. The criteria applied by those bodies in reviewing the legality and propriety of government administrative action are examined in an integrated manner that best shows the options available to an aggrieved person.
The seventh edition has been fully revised and updated with important recent developments in case law and legislation including:
Features
Other details, including as to purchase, are at this link:
Control of Government Action: Text, Cases and Commentary, 7th edition
Academy Fellow Professor Erika Techera and Dr Joy McCann have had published The Unruly Ocean – Law and Justice in the World’s Oceans, Seas and Shorelines.
As the publisher, Routledge, explains:
This book introduces non-specialist readers to the history of how human societies have sought to control, use and exploit our oceans, seas and shorelines over time in different geographical and cultural contexts.
The Unruly Ocean examines the development of the modern international legal regime – the law of the sea, maritime law, marine environmental and pollution law, fisheries regulation, and underwater cultural heritage law – and considers how effective these laws have been in addressing the many challenges facing marine and coastal environments ranging from piracy and war to oil spills and the extraction of marine resources. It concludes by discussing the socio-ecological crises facing the world’s oceans, seas and shorelines, and explores current ideas for reimagining a legal regime that restores the health of our oceanic realm and offers a more holistic, transboundary, rights-based approach to ocean governance.
This book will be of value to law and non-law undergraduate and postgraduate students, as well as research scholars and other educated audiences interested in a legal history of the world’s oceans, seas and shorelines.
Further details from the publisher, including as to purchase, are at this link: The Unruly Ocean
As the publisher explains, the book
“covers contemporary legal practice in a military context. It is written by experts drawn from the profession, including legal academics, legal practitioners within Defence, barristers and public lawyers in government and the private sector. The First Edition in 2019 was the first comprehensive book on military law in Australia for nearly a century, filling a hitherto neglected area of jurisprudence.
This Second Edition covers all areas of law which have a special impact on the Australian Defence Force (ADF). Part I includes the history of Australia’s military operations, the development of the military justice system and the structure of Defence in Australia. Part II focuses on Domestic Military Law, ranging from its constitutional foundation to military discipline and the operations of the ADF within Australia. Part III on Operations Law covers key operational areas involving criminal, administrative and international law. Part IV is of particular relevance to serving members as it deals with personnel matters for ADF members and their families, such as housing, health and welfare, superannuation, compensation and transition from the ADF, as well as defence awards, funeral assistance, and the rules concerning members’ ability to stand for Parliament.
The Second Edition updates the chapters in the First Edition and in addition covers a number of new areas of Defence interest, including:
– new chapters in Part II on command responsibility, freedom of information and Defence procurement;
– new chapters in Part III on peace operations and Australia’s export control and weapons review regime;
– in Part III, separate chapters which expand upon the consideration of land operations, air operations, naval operations, space operations and cyber operations.
For too long, the rules concerning the military in Australia have not readily been accessible, even by Commanders and practitioners. This work fills that gap in Australia’s knowledge of the operations of a long-standing and increasingly important arm of their government”.
Further details of the text from the publisher including as to purchase are at this link: Military Law in Australia – The Federation Press
As the publisher Lexis Nexis explains, this is
“a topical subject matter given, among other events, the media’s disregard of the Victorian County Court’s suppression and non-publication orders in the widely publicised Pell case as well as legislative developments seeking to promote the principle of open justice. The book covers, in a dedicated and comprehensive fashion, confidentiality in discovery, confidentiality by way of privilege, and the confidentiality inherent in closed court, suppression and non-publication orders”.
The publisher’s comments explain a number of important features of the text:
Apart from other texts written by Professor Dal Pont, including on the legal profession, equity and trusts, and succession law, this book complements his book – Law of Confidentiality, 2nd edition, Lexis Nexis.
Further details from the publisher, including as to purchase, ar at this link: Confidentiality in Litigation: Undertakings, Privilege, Open Justice (lexisnexis.com)
Academy Fellow Mr Russell Miller AM has produced a 46th edition, 2024, of what is well known as Miller’s Australian Competition and Consumer Law, Annotated.
The first edition, an annotation of the former Trade Practices Act 1974, which was replaced by the Competition and Consumer Act 2010, was published in 1979.
As the publisher, Thomson Reuters, writes, this text
“has established itself as the essential resource on the Competition and Consumer Act 2010, described by former ACCC Chair, Rod Sims AO, as the indispensable guide to competition and consumer law.
The 46th edition contains the competition and consumer law with judicial interpretation and practical information, up to date to 1 January 2024.
The 46th Edition of Miller’s includes over 350 updates – 300 to existing annotations and 50 new – including over 85 Court, Tribunal and ACCC decisions plus the latest statutory amendments.
Highlights include:
The publisher’s further details and as to purchase are at this link: Miller’s Australian Competition and Consumer Law Annotated 46th Edition Book +Free Ebook – Thomson Reuters Australia
Mr Miller also writes a complementary textbook, Miller’s Australian Competition Law & Policy, Thomson Reuters, 3rd edition, 2018, which is a treatise that explains Australian competition law as it is today and the underlying concepts and policy directions that produced it. It also draws on the development of competition law in other countries comparing them with the uniquely Australian features of our law. Miller’s Australian Competition Law & Policy 3rd Edition – Thomson Reuters Australia
It is complementary to Miller’s Australian Competition and Consumer Law, Annotated.
In 2005, Mr Miller was awarded an Order of Australia (AM) for his contribution to international and corporate law.
According to the publisher, Federation Press,
“This collection of essays and commentaries is the second volume in a series which brings together many of Australia’s leading authorities on Australian constitutional law to pay tribute to Professor Zines’ enduring legacy.
A number of the essays address constitutional aspects of the COVID-19 pandemic, while other subjects addressed include: non-statutory executive power; the use of injunctions in public law; and unresolved aspects of the Melbourne Corporation doctrine.
Contributors include a number of current and former judges, leading scholars, leading counsel, renowned journalists, and the Solicitor-General of Australia.
The book will be an invaluable resource for those who need a sophisticated understanding of recent developments and controversies in Australian constitutional law”.
Further details from the publisher, including as to Volume 1 (2020), are here:
Issues in Australian Constitutional Law eBook – The Federation Press
Academy Fellow Dr Ian Freckelton AO KC has had published a 7th edition of his text Expert Evidence.
As the publisher explains:
“The Seventh Edition of Expert Evidence is the acclaimed work of first resort for analysing the complex law and practice surrounding expert witnesses and expert evidence in personal injury, commercial, criminal and family law litigation. It has been cited for over two decades by superior courts in Australia, New Zealand and other countries and is the leading international work on its subject.
…..
Expert Evidence analyses the common law and statutory criteria for expert evidence admissibility, providing advocacy guidance on how best to assist expert witnesses in courts and to hold them accountable in cross-examination. It discusses the optimal ways for managing concurrent evidence and expert conclaves prior to court hearings. It reviews decisions in relation to the disciplinary and civil liability of expert witnesses, and the potential for wasted costs orders to be made against experts, as well as the lawyers who commission them. It analyses the role of assessors, referees and court-appointed experts, as well as the forensic consequences of courts’ codes of conduct for experts, including when breaches of such codes may have adverse consequences. It also reviews trends in appellate case law in relation to trial judges’ decisions to admit and decline to admit expert opinions.
Expert Evidence also deals with specialist knowledge where admissibility and reliability issues have been encountered, including in relation to novel medical and scientific evidence, and counter-intuitive opinions from mental health professionals. It examines expert evidence on accounting, engineering, statistical, anthropological, survey, planning evidence, and foreign law matters.
The Seventh Edition has been further refined to increase accessibility to legal practitioners and experts from a range of disciplines, and to widen its scope. Its international focus is significantly enhanced with legal authorities from across the common law world being referred to and critiqued, reflecting increasing signs of the adoption of internationally consistent approaches to expert evidence.
Key new developments in the Seventh Edition include:
Further information, including as to purchase, is at this link:
Academy Fellows Robin Creyke and Peter Sutherland have had published a 4th edition of their textbook Veterans’ Entitlements and Military Compensation Law.
As the publisher explains:
This is the only book devoted to the law on veterans’ entitlements and military compensation in Australia. The book comprehensively annotates the unified military compensation scheme introduced by the Military Rehabilitation and Compensation Act 2004 (MRCA) and its predecessor veterans’ entitlements scheme under the Veterans’ Entitlements Act 1986 (VEA).
The 4th edition covers all of the recent major reports into the veterans’ law and military compensation system and includes annotations of all relevant High Court, Federal Court and Administrative Appeals Tribunal decisions on the two Acts. The book is an important reference for all those assisting veterans to obtain their entitlements to the pensions and benefits available to those who have served their country, be they ex-service organisations, Tribunal members, legal practitioners or Departmental officials.
Highlights of the 4th edition include:
• an introductory contextual chapter briefly discussing the history of military compensation in Australia, the interaction of the various Acts comprising the scheme, and current moves for reform of this complex legislative environment;
• annotations and commentary on issues under the MRCA, including liability for compensation, incapacity, permanent impairment, death benefits and transitional arrangements for previous schemes;
• comprehensive annotations of complex issues under the VEA, including qualifying service, special rate of pension, GARP, allowances, standards of proof and review of decisions;
• a section of the book discussing the cases on the application of Statements of Principles under the two Acts;
• the interaction between the VEA and the MRCA; and
• appendices which include discussion of defence honours and awards and war grave eligibility, an amendment history of the MRCA and of the VEA, an index of MRCA legislative instruments, and section-by-section comparisons identifying provisions common to the Acts comprising the military compensation scheme.
Further details, including as to purchase, are at this link: Veterans’ Entitlements and Military Compensation Law – The Federation Press
Academy Fellow Professor David Rolph has had published a textbook on the law of contempt of court, simply titled ‘Contempt’, through Federation Press.
As the publisher explains:
Contempt of court is a vitally important part of the administration of justice. Being a summary jurisdiction, the law of contempt often needs to be applied swiftly and is not regularly the subject of appeal. There are many complexities and idiosyncrasies about the law of contempt, which have developed over centuries. This book is the first comprehensive treatment of the Australian law of contempt of court. It provides a rigorous but accessible exposition of the fundamental principles of this somewhat arcane area of law. This book is essential reading for all practitioners involved in litigation.
The book considers all forms of contempt, including civil contempt, sub judice contempt, contempt in the face of the court, scandalising the court and interference with the administration of justice as an ongoing process. It examines the difficult issue of the distinction between civil and criminal contempt. It considers not only contempt of superior courts of record but also examines the contempt powers of a range of inferior courts and tribunals. The book also analyses the procedure and penalties for contempt of court”.
“[T]his first Australian text dedicated to the law of contempt of court [is] long overdue and extremely welcome.
Professor Rolph gave a lecture on the subject of contempt for the Academy on 22 November 2023, in Brisbane, and online.
See the home page of this website.
“The result is a rich repository of legal knowledge, which will be readily digestible by lawyers and judges whose quotidian role is to apply the current law of contempt, and which will be usefully studied by scholars and potential reformers of the law who might strive for a deeper understanding of its origins and possible trajectory”.
From the Foreword by The Hon Chief Justice Stephen Gageler AC
Further details, including as to purchase, are at this link:
As the AGS explains:
The book provides a broad overview of the genesis of our Constitution, of how it has developed.
The book is designed to be a complete introduction to Australia’s Constitution. It has maintained the lively spirit of earlier editions, and remains an accessible, general guide for students, citizens and others interested in learning about the foundations of the Australian system of government. It clearly draws together legal and historical themes, and importantly focuses on how the Constitution in practice impacts on the workings of the Australian political system and the Australian people. Commentary on current issues that have recently been subject to much debate, such as freedom of speech and other constitutional rights, cooperation between the Commonwealth, States, and Territories, and proposals for constitutional change, has been included.
The full text of the Constitution and related major constitutional materials are also reproduced.
A foreword to the book is written by the Attorney-General the Hon Mark Dreyfus KC MP.
If you would like to buy bulk copies of Sawer’s, please contact AGSpublications@ags.gov.au
As the publisher, Federation Press, explains
“This innovative collection comprises a series of chapters by noted authors on important current issues in corporate law and governance in honour of Emeritus Professor Ian Ramsay AO – Australia’s leading corporate law and governance scholar. Authors include former judges of the High Court of Australia and the Supreme Court of New South Wales, the chair of the Australian Securities and Investments Commission, and prominent Australian and international academics.
The book provides extensive expert analysis of specific areas that are experiencing significant change and evolution, with an Introduction that draws together issues and themes from the in-depth analysis found in each chapter.
Themes include: (a) the impact of environmental, social and governance issues on financial regulation, corporate governance and shareholders; (b) emerging issues for statutory and general law duties of care and to act in good faith in the interests of the corporation; (c) the complexity and scope of corporate law legislation and governance; (d) the impact of the COVID-19 pandemic on corporate law, corporate governance and financial regulation; and (e) the impact of technology on financial regulation, corporate governance, the consumer credit sector and ASIC’s regulatory strategies.
A theme that permeates all of the chapters is the way in which the corporate form – together with corporate law and corporate governance – have adapted to change, and the ways in which they may need to be reformed further”.
Further details including as to purchase can be found here Corporate Law and Governance in the 21st Century – The Federation Press.
Both Justice Lindsay and Ms Webster collaborate in other publications, as editor and consultant editor respectively of the Australian Bar Review, along with another Academy fellow, Mr Clyde Croft QC.
Then there was the publication in 2021 of Australian Jurists and Christianity (Federation Press), edited by Professor Wayne Hudson and Justice Lindsay, with Ms Webster contributing an essay on Sir Victor Windeyer.
Finally, both Justice Lindsay and Ms Webster collaborated in the establishment and administration of The Francis Forbes Society for Australian Legal History, both being foundation members of the Society’s Council. The establishment of the Forbes Society coincided with publication of centenary essays celebrating the NSW Bar Association: “No Mere Mouthpiece” (Lexis Nexis 2002), coedited by both.
Justice Lindsay is a Judge of the Supreme Court of New South Wales, and Carol Webster is a senior counsel at Tenth Floor St James Hall Chambers.
The work of the Academy’s two fellows well supports the promotion of excellence in legal research, education and practice among various other objects of the Academy of Law.
