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

Academy Fellows Robin Creyke AO, Dale Stephens CSM and Peter Sutherland have had published a 2^nd edition of their textbook Military Law in Australia, through Federation Press. 

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

Academy Fellow Professor Gino Dal Pont, of the University of Tasmania, has produced a book examining the principle of confidentiality in the core aspects of the litigation process - Confidentiality in Litigation: Undertakings, Privilege and Open Justice.

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:

• “The law’s intervention via an undertaking as to confidentiality given to the court operates to counterbalance the invasion into the confidentiality (and privacy) of litigants in complying with compulsory process, such as discovery. This is the focus of Part I.
• The law acknowledges occasions where a litigant can legally refuse to reveal certain confidential information the subject of that process, namely in relation to ‘privileged’ information or documents. This aspect forms the substance of Part II.
• Openness, in the sense discussed in Part III, is the converse of confidentiality. An ability to attend court proceedings, disseminate the subject matter at large, and reveal the identities of participants, hardly aligns with the maintenance of confidentiality. As a result, having explained the nature of, and rationales for, open justice, the substantive chapters in Part III target how confidentiality can inform court-ordered incursions into open justice”.

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)

Professor Gino Dal Pont

Academy Fellow Mr Russell Miller AM has produced a 46^th 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:

• Unfair contract terms –legislative changes that came into effect on 9 November 2023
• Authorisations – updated annotations on Tribunal reviews after Telstra/TPG and Honeysuckle Health
• Accessorial liability – Full Federal Court decision in Productivity Partners
• Mergers – ACCC decisions in ANZ/Suncorp, Armaguard/ Prosegeur and Brookfield/Origin
• The latest High Court decisions - Self Care IP, Karpic and Mitsubishi
• Statutory guarantees – acceptable quality guarantees and appropriate compensation - Toyota and Ford (Federal Court) and Volkswagen (NSW Court of Appeal)
• Penalties – new guideline on the ACCC’s approach to penalties
• Unconscionable conduct – latest examples – Multimedia, Productivity Partners”.

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.

Mr Russell Miller AM

Academy fellow Professor James Stellios of the ANU Law School, Australian National University, and The Hon Acting Justice John Griffiths of the NSW Court of Appeal have produced, including as an ebook, Issues in Australian Constitutional Law, Tributes to Professor Leslie Zines Volume 2, a second collection of essays on Australian constitutional law in tribute to Professor Zines.

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

Professor James Stellios

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

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

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 AGSpublications@ags.gov.au 

Robert Orr PSM KC

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.

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.

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

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:  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

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 3^rd 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 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. 

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.

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.