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Author: Mark James Leeming
Publisher:
ISBN: 9781862878259
Category : Law
Languages : en
Pages : 258
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Book Description
Resolving Conflicts of Laws was cited 6 times by the High Court in Momcilovic v The Queen (2011) 2451 CLR 1; [2011] HCA 34. It has also been cited in the Same-Sex Marriage Case (Commonwealth of Australia v Australian Capital Territory) (2013) 250 CLR 441; [2013] HCA 55 at [61], in Plaintiff M47-2012 v Director General of Security (2012) 251 CLR 1; [2012] HCA 46 at [54] and [136], in Sportsbet Pty Ltd v New South Wales (2012) 249 CLR 298; [2012] HCA 13 at [10], in CFMEU v Director of the Fair Work Building Industry Inspectorate (No 2) (2013) 209 FCR 464; [2013] FCAFC 25 at [61]; in Wreck Bay Aboriginal Community Council v Williams [2017] ACTCA 46 at [45] and [47] and in a large number of other appellate and first instance decisions. An important feature in all legal systems, but especially in federations whose polities have overlapping legislative powers, is that those laws regularly conflict - or at least are claimed to conflict. Any coherent legal system must have principles for resolving such conflicts. Those principles are of immense practical as well as theoretical importance. This book, which straddles constitutional law and statutory interpretation, describes and analyses those principles.This book does not merely address the conflicts between Commonwealth and State laws resolved by the Constitution (although it does that and in detail). It analyses the resolution of all of the conflicts of laws that occur in the Australian legal system: conflicts between laws enacted by the same Parliament and indeed within the same statute, conflicts between Commonwealth, State, Territory, Imperial laws and delegated legislation.After identifying the laws in force in Australia, the chapters deal with:conflicts in laws made by the same legislature, focussing on the interpretative process of statutory construction;repugnancy, a doctrine with continuing vitality in the areas of s79 of the Judiciary Act, delegated legislation and Territory laws;conflicts between laws of the Commonwealth and State laws, proposing that the categories of inconsistency (commonly three: direct, indirect and "covering the field") are best seen aspects of a single constitutional concept;conflicts between the laws of two States, andconflicts involving the laws of the self-governing Territories
Author: Mark James Leeming
Publisher:
ISBN: 9781862878259
Category : Law
Languages : en
Pages : 258
Get Book Here
Book Description
Resolving Conflicts of Laws was cited 6 times by the High Court in Momcilovic v The Queen (2011) 2451 CLR 1; [2011] HCA 34. It has also been cited in the Same-Sex Marriage Case (Commonwealth of Australia v Australian Capital Territory) (2013) 250 CLR 441; [2013] HCA 55 at [61], in Plaintiff M47-2012 v Director General of Security (2012) 251 CLR 1; [2012] HCA 46 at [54] and [136], in Sportsbet Pty Ltd v New South Wales (2012) 249 CLR 298; [2012] HCA 13 at [10], in CFMEU v Director of the Fair Work Building Industry Inspectorate (No 2) (2013) 209 FCR 464; [2013] FCAFC 25 at [61]; in Wreck Bay Aboriginal Community Council v Williams [2017] ACTCA 46 at [45] and [47] and in a large number of other appellate and first instance decisions. An important feature in all legal systems, but especially in federations whose polities have overlapping legislative powers, is that those laws regularly conflict - or at least are claimed to conflict. Any coherent legal system must have principles for resolving such conflicts. Those principles are of immense practical as well as theoretical importance. This book, which straddles constitutional law and statutory interpretation, describes and analyses those principles.This book does not merely address the conflicts between Commonwealth and State laws resolved by the Constitution (although it does that and in detail). It analyses the resolution of all of the conflicts of laws that occur in the Australian legal system: conflicts between laws enacted by the same Parliament and indeed within the same statute, conflicts between Commonwealth, State, Territory, Imperial laws and delegated legislation.After identifying the laws in force in Australia, the chapters deal with:conflicts in laws made by the same legislature, focussing on the interpretative process of statutory construction;repugnancy, a doctrine with continuing vitality in the areas of s79 of the Judiciary Act, delegated legislation and Territory laws;conflicts between laws of the Commonwealth and State laws, proposing that the categories of inconsistency (commonly three: direct, indirect and "covering the field") are best seen aspects of a single constitutional concept;conflicts between the laws of two States, andconflicts involving the laws of the self-governing Territories
Author: Martin Davies
Publisher:
ISBN: 9780409332117
Category : Conflict of laws
Languages : en
Pages : 0
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Book Description
Nygh's Conflict of Laws in Australia provides authoritative and comprehensive coverage of the three main areas of private international law: jurisdiction, choice of law and recognition and enforcement of foreign judgments and arbitral awards.The wide-ranging subject matter includes international commercial dealings and other civil obligations, administration of estates and succession, international child abduction, adoption, proof of foreign law, and the recognition of same-sex marriages. It covers the legislation and civil procedure rules of all Australian jurisdictions as well as important common law developments.The ninth edition has been comprehensively revised and updated. It includes discussion and analysis of many new cases, reflecting the growth of litigation involving international elements, particularly in areas of arbitration, enforcement of foreign judgments and cross border insolvency. Legislative changes include Australia's ratification of the Hague Service Convention in late 2010 and the enactment of the Trans-Tasman Proceedings Act 2010 (Cth) and the Australian Consumer Law.The clear explanations of complex concepts make Nygh's Conflict of Laws in Australia an ideal text for both legal practitioners and students of conflict of laws or private international law.Features• Authoritative, reliable content• Complex concepts clearly explained• Expanded content includes maritime law under international Arbitration Act, the nature of marriage, including polygamous and same-sex marriages and information technology across jurisdictions.Related TitlesMortensen, Garnett and Keyes, Private International Law in Australia, 2011
Author: Gene R. Shreve
Publisher: Anderson Publishing Company (OH)
ISBN:
Category : Law
Languages : en
Pages : 474
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Book Description
Author: Edward I. Sykes
Publisher: Sydney : Law Book Company
ISBN:
Category : Law
Languages : en
Pages : 616
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Book Description
Author: Samuel C. Duckett White
Publisher: BRILL
ISBN: 9004464298
Category : Law
Languages : en
Pages : 234
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Book Description
This book offers an exploration of unique laws and customs placed around warfare throughout history, from Indigenous Australians to the American Civil War.
Author:
Publisher:
ISBN: 9780409350449
Category :
Languages : en
Pages :
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Book Description
Author: Lisa Young (Barrister)
Publisher:
ISBN: 9780409342024
Category : Child abuse
Languages : en
Pages : 0
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Book Description
The second edition of this highly-regarded work provides extensive coverage of the ways in which the law and children interact. Topics such as criminal law, the internet, immigration law, family law, medical law, discrimination law, education and the legal process are included with contributions from expert authors in each area. Each chapter is contributed by an expert on that topic and is written to provide a clear, authoritative and accessible discussion suitable for a wide audience. This edition provides an extended socio-legal focus, ensuring the work is relevant for practitioners, non-legal professionals working in child-related areas, researchers and students in both law and non-law units at undergraduate and postgraduate level. It includes discussion on topical issues such as: surrogacy, youth rights, the internet and cyber bullying, international adoption, migration, international child abduction, the Royal Commission into Child Sexual Assault, and the impact of the Convention on the Rights of the Child on Australian Law. Features * Authoritative commentary by expert contributors * Includes socio-legal focus to ensure accessibility and relevance to a wide market * Includes traditional topics and areas of recent prominence Related Titles * Young, Sifris, Carroll & Monahan, Family Law in Australia, 9th ed, 2016
Author: Andrew Dickinson
Publisher: Oxford University Press
ISBN: 0192639765
Category : Law
Languages : en
Pages : 449
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Book Description
A Conflict of Laws Companion brings together a group of expert authors to write essays in honour of Professor Adrian Briggs QC. Professor Briggs has been teaching in Oxford since 1980, and throughout that period, he has been an instrumental figure in shaping the conflict of laws in the UK and elsewhere and has inspired generations of students (future practitioners and judges) to take a close interest in the subject. His books, including Agreements on Jurisdiction and Choice of Law (OUP, 2008), The Conflict of Laws (4th edn, Clarendon, 2019), and Private International Law in English Courts (OUP, 2015), are among the most widely used and cited texts on the subject. The book is divided into four sections, exploring conflict of laws issues of different kinds and engaging with Professor Briggs' work on a diverse range of topics. Contributions by Professor Briggs' former colleagues build on his work in the conflict of laws and his immeasurable contributions as a teacher and researcher at the University of Oxford, not only to undergraduate teaching, but to his college (St Edmund Hall), the Law faculty, and the university. The book includes short personal submissions from each of the authors, all of whom studied alongside, have been taught or supervised by, or worked closely with Professor Briggs.
Author: Fiona Hum
Publisher: Cambridge University Press
ISBN: 1009021389
Category : Law
Languages : en
Pages : 667
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Book Description
Now in its second edition, Australian Uniform Evidence Law provides a clear, accessible introduction to the law of evidence. Following the structure of the Evidence Act 1995 (Cth), the text introduces students to basic principles, then covers more complex elements of evidence law. Cases and excerpts from legislation have been selected to guide students through the application of the Act. This edition has been updated to include significant recent case examples and decisions. Each chapter includes a summary of key points, definitions and practice questions to encourage students to apply their knowledge to realistic scenarios. The final chapter comprises longer-form, complex problems designed to test students' understanding of the concepts and rules covered in the Act as a whole. Guided solutions to each question are provided so students can check their understanding. Providing clear explanations and examples, Australian Uniform Evidence Law is an essential resource for all students of evidence law.
Author: Alex Bruce
Publisher:
ISBN: 9780409353440
Category : Antitrust law
Languages : en
Pages : 412
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Book Description
A clear and accessible guide to the regulation of competition in Australia.
