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2023-24 Fellow Spotlight

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


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:

  • Substantially revised chapters on expert reports and on concurrent evidence;
  • A new chapter on international disputes and litigation dealing with both civil matters and important aspects of expert evidence given in international criminal law proceedings;
  • Analysis of numerous important criminal law decisions, including a sequence of judgments in the United Kingdom and Australia regarding novel areas of scientific evidence such as gait analysis and shoeprint evidence;
  • New case law from the High Court of Australia, and State Supreme Courts, the Canadian Supreme Court and the New Zealand Supreme Court and Court of Appeal, impacting upon the admissibility of diverse areas of expert evidence;
  • Substantially revised chapters on DNA testing, statistical and probability evidence, evidence by psychiatrists and psychologists, especially in relation to diagnosis, PTSD evidence, critical incident stress intervention evidence, and memory evidence; and
  • Significantly updated chapters on nursing evidence and medical evidence, including relevant case law on shaken baby/abusive head trauma evidence.

Further information, including as to purchase, is at this link:

Expert Evidence 7e - Book – Thomson Reuters Australia

    Expert Evidence 7e - Book

    Dr Ian Freckelton AO KC

    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

    Robin Creyke and Peter Sutherland

    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:

    Contempt - The Federation Press

    Academy Fellow Robert Orr PSM KC, and Guy Aitken KC, both of the Australian Government Solicitor, have written the fourth edition of Geoffrey Sawer's highly-regarded work on the Australian Constitution.

    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. 

    Purchase a copy of Sawer’s.

    If you would like to buy bulk copies of Sawer’s, please contact 

    Robert Orr PSM KC

    Guy Aitken QC

    Guy Aitken KC

    Essays in Honour of Academy Fellow Professor Ian Ramsay AO have been published in Corporate Law and Governance in the 21st Century, edited by Rosemary Langford. 

    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.

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    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.

    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

    Academy Fellow Professor Michael Legg has had published, with Mr Ross McInnes, a 3rd edition of Australian Annotated Class Actions Legislation.

    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.


    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

    Professor Legg's earlier publication, with James Metzger, of The Australian Class Action , is noted below.  

    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.

    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

    Academy Fellow Professor Elise Bant has had published, as editor, The Culpable Corporate Mind, by Bloomsbury.  As the publisher explains:

    "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:  

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

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

    June 2023

    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.

    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.

    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 DevaniWells [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

    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. 

    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".

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

    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.

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    2022 Fellow Spotlight

    Academy Fellow Michael Murray has co-authored the 9th edition of the Annotated Bankruptcy Act 1966, with Paul Nichols, barrister of Perth WA. 

    The text brings the law up to date as at July 2022 including the Bankruptcy Regulations 2021, and the rules of the new Federal Circuit and Family Court.  The Act is comprehensively annotated with latest case law and practice guidance.

    The text is published by Lexis Nexis

    Academy Fellows Professor Elizabeth Fisher, Professor of Environmental Law at Corpus Christi College at the University of Oxford, and the Hon Justice Brian Preston, Chief Judge of the Land and Environment Court of New South Wales, have published An Environmental Court in Action: Function, Doctrine and Process, being 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.

    The sixteen chapters of the book cover many aspects of the NSWLEC including its proactive decision-making, its place in the planning system of New South Wales, climate law and Gloucester Resources v Minister for Planning, international comparisons, biodiversity, environmental principles, the recognition of indigenous peoples' environmental rights, administrative law expertise of the Court, criminal proceedings for offences against environmental laws, access to justice and ADR. 

    An Environmental Court in Action: Function, Doctrine and Process: Elizabeth Fisher: Hart Publishing (

    An Environmental Court in Action cover

    Academy Fellow Neil Williams SC and Alison Hammond of the NSW Bar have written Learning to Litigate - A Guide for Young Lawyers, published by Federation Press.

    As the publisher notes, while it is “sometimes said that great advocates are born, not made … the central tenet of this book is that such assertions are dangerous nonsense”, explaining that

    “modern litigation is a sophisticated business, requiring a wide range of organisational, procedural, presentational and technical legal skills. Whether it be a plea of guilty before a magistrate or a multi-party commercial dispute involving billions of dollars and dozens of lawyers for each party, each stage in the preparation and presentation of a case requires skills that must be learned, then honed” ….

    Read further: Learning to Litigate - The Federation Press

    The book is aimed at younger lawyers and those mentoring them.  As Chief Justice Kiefel writes in the Foreword,

    The work is essential reading for young litigators and their mentors… I wish that I had been fortunate enough to have had access to a guide such as this when I commenced my career in litigation.”.

    Neil Williams has been a Fellow of the Academy of Law since 2014.  Chief Justice Kiefel is Patron of the Academy.

    Neil Williams SC - Sixth Floor

    Academy Fellow Professor Michael Legg has written a second edition of his Case Management and Complex Civil Litigation, published through Federation Press.

    As explained by the publisher

    “…   The purpose of Case Management and Complex Civil Litigation is to examine the case management tools available to the modern-day judge for dealing with crucial aspects of complex civil litigation, such as pleadings, discovery, expert evidence, alternative dispute resolution, summary judgment and the separate question procedure. The text also addresses the role of the overriding or overarching purpose with its command that civil litigation is to be conducted in a manner which achieves justice while minimising cost and delay as this has major significance for complex cases. The text considers the use of costs and sanctions as a way in which to encourage and enforce compliance with civil procedure requirements in complex litigation. Concerns voiced about case management, such as ensuring procedural fairness, are examined. ...".

    The Hon Justice Steven Rares of the Federal Court of Australia, also an Academy Fellow, has written a foreword to the text, saying that Professor Legg has “impressively surveyed, synthesised and compared” the various rules and practices of Australian, English and US courts in managing complex litigation, revealing “as one might expect, that there is more than one way to approach any problem”. 

    Further details are here: Case Management and Complex Civil Litigation - The Federation Press

    5 October 2022, AAL. 

    Professor Michael Legg

    Professor Michael Legg

    Academy Fellow Professor Miranda Stewart’s new book, Tax and Government in the 21st Century, was launched by the Hon Dr Andrew Leigh MP at the Australia Institute’s Revenue Summit 22 on 6 October 2022 at Parliament House Canberra.   His speech for the launch is here: Speech launching Miranda Stewart's book 'Tax and Government in the 21st Century' - Andrew Leigh MP

    As the publisher Cambridge University Press explains:

    “With an accessible style and clear structure, Miranda Stewart explains how taxation finances government in the twenty-first century, exploring tax law in its historical, economic, and social context. Today, democratic tax states face an array of challenges, including the changing nature of work, the digitalisation and globalisation of the economy, and rebuilding after the fiscal crisis of the COVID-19 pandemic. ….”.

    See further at   9781107483507_Tax and Government in the 21st Century_Flyer.pdf

    Miranda Stewart

    Professor Miranda Stewart

    Emeritus Professor David Barker AM FAAL has written a history of the Australian Academy of Law - A Sense of Common Purpose, published by Federation Press.

    The book recounts the history and development of the Academy from its early beginnings in 1996, through its official launch in July 2007 at Government House in Brisbane to the end of 2020. It traces the influence on its development of the recommendations of the Australian Law Reform Commission in 2000 in its Report Managing Justice – A Review of the Federal Civil Justice System (ALRC Report 89), which recommended the establishment of such an Academy.

    Sponsored by the Academy, the book has the advantage that its author, David Barker, has been involved with the organization from the beginning, then later as a Foundation Fellow and as its Secretary to the present time. His early involvement has meant that he has been able to observe the influence on its development exercised by both its Foundation and current Fellows, its three Presidents, all of whom have been Judges of the Federal Court of Australia, and its three Patrons, all of whom have been Chief Justices of the High Court of Australia.

    The book will be of great interest to those concerned with the Academy’s role since its inception in promoting discussion on important issues within the Australian legal system and in supporting the future development of law in Australia.    

    The book was launched on 21 June 2022 by the Hon Chief Justice James Allsop AO, Chief Justice of the Federal Court of Australia, and the event was chaired by the Hon Melissa Perry, a Judge of the Federal Court. 

    The speech of the Chief Justice is at this link.

    Other details about the book are on the Federation Press website. 

    Professor David Barker, Justice Melissa Perry and Chief Justice James Allsop

    29 July 2022

    Academy fellows Mr Michael Murray and Professor Jason Harris have published the 11th edition of Keay’s Insolvency which has become a recognised text on personal and corporate insolvency law and practice in Australia. It is widely used by practitioners, academics, students and policy makers, and it is regularly cited in court judgments.   

    This edition explains Australian insolvency law under the Bankruptcy Act 1966 and the Corporations Act 2001, in light of the substantial case law and practice developments flowing from the changes made by the Insolvency Law Reform Act 2016. The changes include new powers of the courts and the regulators, ASIC and AFSA, and new practitioner registration and regulation regimes.  Further changes to the law in relation to safe harbour, ‘ipso facto’ and phoenix companies, and debt agreements, and then further reforms again as a consequence of the economic and social impacts of COVID-19, are also explained.  

    While Keay’s Insolvency continues with the authors’ views on the need for major reform of insolvency law and practice, in chapter 1, they explain what they see as initial structural reforms necessary to address significant gaps and deficiencies in the operation of insolvency law in Australia. These were the subject of the authors’ presentation to an Academy roundtable in August 2021: see Australian Academy of Law - Sydney Insolvency Roundtable.

    Keays is now approaching its 30th year of publication with this, its 11th edition. The original first edition was written by Professor Andrew Keay, now of the University of Leeds in the UK.  Michael Murray has been involved since the 4th edition and Jason Harris since the 7th edition. 

    Further details can be found here: Keay's Insolvency: Personal & Corporate Law and Practice, 11th Edition – Thomson Reuters Australia

    27 July 2022

    Allegiance, Citizenship and the Law - The Enigma of Belonging has recently been published by Academy Fellow , Professor Emerita Helen Irving, of Sydney Law School. 

    “Weaving together theoretical, historical, and legal approaches, this book offers a fresh perspective on the concept of allegiance and its revival in recent times, identifying and contextualising its evolving association with theories of citizenship.

    The book explores how allegiance was historically owed in return for the sovereign’s protection but has been redeployed by modern governments to justify the withdrawal of protection. It examines allegiance from multiple perspectives, including laws for the revocation of citizenship, new ideas of citizenship education, the doctrine of treason, oaths of allegiance, naturalisation tests, and theories of belonging. This thought-provoking book ultimately finds allegiance to be a feudal concept that is inappropriate in the liberal democratic state, and is misplaced, even dangerous, in its association with modern citizenship. Rejecting allegiance, but reaching a constructive resolution, it explores modern alternatives to describe the bond between citizens, advancing a new perspective on the ‘enigma’ of belonging.

    With its carefully constructed analysis, this work will prove pivotal in furthering our understanding of allegiance and citizenship. Its legal–theoretical account of a complex and under-theorised concept make it valuable reading for legal and political theorists, legal historians, and scholars of citizenship, law, and social politics”.

    The book is published by Edward Elgar Publishing: for purchase and other details please see this link:  Allegiance, Citizenship and the Law (

    Allegiance, Citizenship and the Law

    19 July 2022

    Professor Irving’s comment on the recent High Court of Australia decision in Alexander v Minister for Home Affairs [2022] HCA 19 (8 June 2022) concerning the invalidity of section 36B of the Australian Citizenship Act 2007, as to the cessation of a person’s citizenship if certain conduct “demonstrates that the person has repudiated their allegiance to Australia”, is on the Australian Public Law blog.

    Zines and Stellios's The High Court and the Constitution, 7th edition by James Stellios

    It has been seven years since the publication of the 6th edition of Professor Zines’s classic book on Australian constitutional law, The High Court and the Constitution. In that time the High Court has handed down a range of important decisions transforming, extending and developing existing constitutional law principles.

    The 7th edition of the book, by Professor James Stellios, contains analysis and critique of the High Court’s jurisprudence over that period. Revisions have been made to almost all chapters to update the existing law. The most significant revisions relate to:

    • The new developments on the implied freedom of political communication, including the adoption of structured proportionality;
    • The alignment of the intercourse and trade and commerce limbs of s 92 in the context of border closures to address the COVID-19 pandemic, and the acceptance of structured proportionality in that context;
    • The acceptance of a reciprocal intergovernmental immunities doctrine;
    • The High Court’s continuing development of Chapter III principles;
    • The interpretative method of the Court, including in cases on dual citizenship; and
    • The updated analysis of principles of characterisation, particularly in relation to the aliens power and incidental power.

    Published by Federation Press: full details here.

    8 July 2022

    Academy Fellow Professor Matthew Groves of Deakin University has co-edited a new book - The Ombudsman in the Modern State - with Professor Anita Stuhmcke of UTS.

    Ombudsmen are a global phenomenon. They are also a critical part of the public law frameworks of modern liberal democracies. This is the first edited collection to examine the place of the ombudsman in the modern state.

    In its sixteen chapters, it brings together key international scholars to discuss current and future challenges for the Ombudsman institution and the systems of government within which they operate, with its authors heralding from most continents - Canada, the Netherlands, the United Kingdom, Australia, New Zealand, Hong Kong, South Africa, Germany, and Austria.

    Professor Groves and Professor Stuhmcke open the collection with a joint chapter on the evolution and future of the ombudsman. Academy fellow Professor John McMillan of the ANU also provides a chapter, on Complaint Handling Effectiveness: What Can We Learn from Industry-Based Ombudsmen Schemes?

    This global analysis is both in-depth and expansive in its coverage of the operation of Ombudsmen across civil and common law legal systems.

    The book has two key themes:

    - the enduring question of the location and operation of Ombudsmen within public law systems in a changing state, and

    - the challenges faced by Ombudsmen in contemporary governance.

    This collection adds to the public law scholarship by addressing a common problem faced by all avenues of public law review – the evolving nature of modern public administration.

    The book is published through Bloomsbury at this link The Ombudsman in the Modern State: : Matthew Groves: Hart Publishing (

    The Ombudsman in the Modern State cover

    7 July 2022

    A number of fellows of the Australian Academy of Law are attending or have papers at the quadrennial conference in London of INSOL International, from 25-28 June 2022. INSOL is the world-wide federation of national associations of accountants and lawyers who specialise in turnaround and insolvency.

    Academy fellow Mr Scott Atkins, of Norton Rose Fulbright, is the President of INSOL International and as such is responsible for the organisation of what is the 40th anniversary of INSOL International itself, with over 930 delegates attending the conference comprising judges, regulators, academics and practitioners from all over the globe. 

    INSOL comprises 45 Member Associations with over 10,500 professional members. INSOL also has ancillary groups that represent the judiciary, regulators, financiers, academics, insolvency mediators and arbitrators, each of which has individual sessions at the conference.  

    At the Academics Colloquium, Academy fellow Professor Christopher Symes (Adelaide) has a paper jointly authored with his colleague Dr Sulette Lombard (Uni SA), as presenter, on their insolvency litigation funding project.

    Academy fellows Adjunct Professor Rosalind Mason (QUT) and Mr Michael Murray have jointly authored a paper with Professor Paula Moffatt of Nottingham Law School, Nottingham Trent University, comparing insolvency practitioner regulation in the UK and Australia, the paper being presented by Professor Moffatt, with Professor Mason. 

    Both topics – litigation funding, and practitioner regulation - are of current significance in Australian law reform.