Academy Fellow The Hon Steven Rares KC has co-authored a book on the law of estoppel with Mr Quintin Rares, a practising barrister.
According to the publisher, Thomson Reuters, Estoppel in Australia is the first and only comprehensive treatment of all forms of civil estoppel in Australia.
“The authors map each doctrine of estoppel in a dedicated chapter that includes a simplified overview, a thorough examination of elements, evidential requirements (including the burden of proof), case notes of the key authorities, defences, considerations for pleading and precedents of pleadings. This book distils complicated doctrines into a complete and litigation-ready guide.
Every statement of principle in the text is supported by direct quotation from one or more authorities. Every appellate decision in Australia’s history has been reviewed for the purposes of drafting this book, along with key first instance Australian decisions and all authoritative English decisions”.
The book is aimed at practitioners of all levels of experience and students.
In a foreword to the book, the Chief Justice of Australia, the Hon Stephen Gageler AC, wrote that:
“… Any practitioner who has sought to rely on an estoppel will know that the task of researching the applicable law can be long and difficult, involving trawling through reported judgments to piece together bits of a puzzle of uncertain dimensions. Often those pieces do not fit together; sometimes they are contradictory. The picture that emerges can appear distorted.
This book does much to ease those burdens. …
The book’s even greater contribution lies in the assistance it provides on matters of practice. Each chapter outlines the precise elements of the species of estoppel with which it deals, where the burden of proof lies, what evidence is needed to establish the estoppel, and any relevant defences. In every instance, the authors have grounded the text in a comprehensive and thorough citation of authority. Practitioners can rely on what has been said. Yet the book goes further. Each chapter provides helpful observations to assist practitioners with pleading the various estoppels …”.
The publisher’s details as to purchase are here: The Law of Estoppel in Australia – Thomson Reuters Australia
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.
