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Luntz & Hambly's Torts: Cases, Legislation and Commentary, 9th edition Authoritative discussion and analysis of Australian tort law with selected extracts. Torts Cases and Commentary Supplement: Defamation and Wrongful Interference with Goods, 2nd edition Torts Cases and Commentary Supplement: Defamation and Wrongful Interference with Goods is a clear, accessible explanation of key concepts in the uniform defamation law and the torts relating to wrongful interference with goods
Published to supplement Luntz, Hambly, Burns, Dietrich and Foster, Torts: Cases and Commentary, it covers the additional torts of defamation, conversion, detinue and trespass to goods. Each chapter follows the style of the principal text to deliver a critical and analytical approach to the law relating to these torts, presented through extensive commentary and selected materials from case decisions, legislation and academic writings. Detailed notes assist students and practitioners to understand the significance of the key cases while questions stimulate critical thinking and learning.Discussion of and excerpts from important cases and statutes are provided, while current and emerging issues in tort law reform are discussed. Many additional references to the academic literature are also supplied.The work can be used in combination with the principal text or as a standalone resource. The supplement will be essential reading for students in both core and advanced Torts units, while practitioners will find it an authoritative resource.Features:Complements Torts: Cases & Commentary to provide full coverage of topics in Torts course workCombination of primary materials and comprehensive analysis enables in-depth understanding of the subject area\Authoritative authorship provides a critical and analytical approach to these topics
Fourth edition of this casebook of Australian law of torts for LLB students. Provides a contemporary, critical commentary of the present state of the law. Like its predecessors, in addition to extracts from cases and legislation, this edition includes citations of academic writings. Questions and notes are also included. New material in this edition includes extracts from and discussions of recent High Court cases on negligence. Developments in the law of consent to medical treatment and of pure economic loss are subject to extended commentary and the legislation governing alternative compensation schemes has also been updated. Includes a table of cases, table of statutes and an index. The authors are both university professors of law and barristers and solicitors of the Supreme Court of Victoria.
Intentional Tort Litigation in Australia considers the high frequency intentional torts of assault, battery, false imprisonment and malicious prosecution throughout Australia. It provides an analysis of the elements of each tort and commentary. The authors consider practical matters necessary in determining whether a claim may be brought; if so, how and against whom; what potential damages, or limitation of damages, may exist; possible defences at common law or arising under statute; and relevant issues that arise in obtaining and using documents in these proceedings. The book is a useful foundation and practical guide for lawyers conducting intentional tort litigation. It will also assist students in understanding the fundamental legal principles relating to these torts and their practical application.
Institutional abuse of children: Legal remedies and redress in Australia examines the recently amended 'common law' framework. These reforms include removal of limitation periods, reversal of the onus of proof, extending vicarious liability to persons akin to employees, requiring institutions to identify a proper defendant when necessary, and permitting some earlier settlements and judgements to be revisited. The unique fixed term National Redress Scheme for historic child sexual abuse in institutional settings is also examined, in the context of the underlying policy to offer an alternate redress pathway which aims to be more flexible, less formal, faster, cheaper, and involving less trauma and conflict for survivors. As the first detailed analysis of the new legal framework relating to compensation and redress for child sexual abuse in Australia, this book makes an original contribution to knowledge and understanding of the law in this complex area, which continues to develop at a rapid pace as additional legislation is enacted across Australia and as the courts begin to construe these new legislative provisions. Features ¿ Analyses the new legal framework governing claims for compensation and redress arising out of sexual abuse of children in institutional settings in Australia ¿ Examines the relationship between the National Redress Scheme and civil claims ¿ Provides a practical understanding of how to work through the intersecting laws and redress systems to best advise clients
This textbook still stands as one of the leading works of scholarship on Australian tort law. Fleming's coverage draws on authorities in Australia & other common law jurisdictions, providing a thorough analysis for student & practitioner alike. A clear, precise & comprehensive statement of modern tort law, it is founded on a strong philosophical examination of this central area of the law.