Relevant bibliographies by topics / Civil law Australia

Academic literature on the topic 'Civil law Australia'

Author: Grafiati
Published: 4 June 2021
Last updated: 25 January 2023

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles

Select a source type:

Contents

Consult the lists of relevant articles, books, theses, conference reports, and other scholarly sources on the topic 'Civil law Australia.'

Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.

You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.

Journal articles on the topic "Civil law Australia"

1

Wolff, Leon. "Litigiousness in Australia: Lessons from Comparative Law." Deakin Law Review 18, no. 2 (December 1, 2014): 271. http://dx.doi.org/10.21153/dlr2013vol18no2art39.

Full text
Abstract:
How litigious are Australians? Although quantitative studies have comprehensively debunked the fear of an Australian civil justice system in crisis, the literature has yet to address the qualitative public policy question of whether Australians are under- or over-using the legal system to resolve their disputes. On one view, expressed by the insurance industry, the mass media and prominent members of the judiciary, Australia is moving towards an American-style hyper-litigiousness. By contrast, Australian popular culture paints the typical Australian as culturally averse to formal rights assertion. This article explores the comparative law literature on litigiousness in two jurisdictions that have attracted significant scholarly attention — the United States and Japan. More specifically, it seeks to draw lessons from this literature for both understanding litigiousness in modern Australia and framing future research projects on the issue.
APA, Harvard, Vancouver, ISO, and other styles
2

Steffany, Steffany. "Comparison of Civil Law and Common Law in Australia and Surrounding Countries." Jurnal Daulat Hukum 5, no. 3 (September 30, 2022): 156. http://dx.doi.org/10.30659/jdh.v5i3.24389.

Full text
Abstract:
This study aims to determine the legal system can be interpreted in two ways. First, the legal system is defined as a unit of components or elements (sub-systems) as follows: material law-formal law and civil law-public law. Included in this view are those who see the legal system as a unity between various laws and regulations with legal principles. Second, the legal system is defined as a unity of components: legal structure, legal substance, and legal culture. Eric L Richard, an expert in global business law, divides the main legal systems into six legal families: Civil law, Common law, Islamic law, Socialist law, Sub Sahara Africa, and Far east. This research is a qualitative research with a historical juridical approach that describes the legal history of how civil law and common law apply in various countries. By collecting data in the library supported by primary and secondary data according to the chosen topic. In general, based on how law is produced and implemented, there are two legal systems known in the world, namely, civil law and common law. The two legal systems have their own history and differences.
APA, Harvard, Vancouver, ISO, and other styles
3

Gray, Anthony Davidson. "Forfeiture Provisions and the Criminal/Civil Divide." New Criminal Law Review 15, no. 1 (January 1, 2012): 32–67. http://dx.doi.org/10.1525/nclr.2012.15.1.32.

Full text
Abstract:
The Australian Government has recently implemented civil forfeiture provisions for property suspected to have been acquired unlawfully. The Australian Federal Police may seek a preliminary unexplained wealth order. The Court may make such an order if there is evidence the wealth may have been acquired from unlawful means. Once the order is made, a full hearing takes place. There it is presumed that such property was unlawfully gained, unless the person who owns the property can show otherwise. Such proceedings can take place without the property owner being charged. The article considers the historical basis of such orders, and their use in the United States and United Kingdom. It is argued that such proceedings are in fact criminal in nature, despite how they are labelled. The article engages with the discusssion in the larger context of the divide between criminal and civil, and whether some “middle ground” should be acknowledged. If forfeiture provisions are in substance criminal, perhaps due process obligations apply, including the presumption of innocence. This argument is more difficult in Australia, given the lack of an express bill of rights. However, it can be argued from previous cases that there is an implicit right to a fair trial, including a presumption of innocence.
APA, Harvard, Vancouver, ISO, and other styles
4

Giliker, Paula. "ANALYSING INSTITUTIONAL LIABILITY FOR CHILD SEXUAL ABUSE IN ENGLAND AND WALES AND AUSTRALIA: VICARIOUS LIABILITY, NON-DELEGABLE DUTIES AND STATUTORY INTERVENTION." Cambridge Law Journal 77, no. 3 (September 24, 2018): 506–35. http://dx.doi.org/10.1017/s0008197318000685.

Full text
Abstract:
AbstractThis paper will argue that, in the light of recent case law in the UK and Australia, a new approach is needed when dealing with claims for vicarious liability and non-delegable duties in the law of tort. It will submit that lessons can be learnt from a comparative study of these jurisdictions, notably by reflecting on the courts’ treatment of claims of institutional liability for child sexual abuse. In parallel to decisions of their highest courts, public enquiries in Australia and England and Wales, established to report on historic child sexual abuse and how to engage in best practice, are now reporting their findings which include proposals for victim reparation: see Royal Commission into Institutional Responses to Child Sexual Abuse (Australia, 2017) including its Redress and Civil Litigation Report (2015); Independent Inquiry into Child Sexual Abuse (Interim report, England and Wales, 2018). The Australian reports suggest reforms not only to state practice, but also to private law. This article will critically examine the operation of vicarious liability and non-delegable duties in England and Wales and Australia and proposals for statutory intervention. It will submit that a more cautious incremental approach is needed to control the ever-expanding doctrine of vicarious liability in UK law and to develop more fully its more restrictive Australian counterpart.
APA, Harvard, Vancouver, ISO, and other styles
5

Rutherford, Jodhi. "Book Review - Equality and Discrimination Law in Australia." QUT Law Review 18, no. 2 (January 25, 2019): 315. http://dx.doi.org/10.5204/qutlr.v18i2.762.

Full text
Abstract:
Anti-discrimination laws aim to protect people from harm to which they may be subject on the basis of personal attributes such as gender, race, age or disability. With human rights principles as their source, anti-discrimination laws can be seen to have equality as their goal however contested notions of equality make it difficult to determine whether the laws are reaching this objective. Anti-discrimination law occupies a peculiar position at the nexus of public and private law; it encompasses both civil and political rights and obligations between individuals.
APA, Harvard, Vancouver, ISO, and other styles
6

Goldring, J. "Civil Liability Law Reform in Australia : the "King of Torts" Is Dead." Uniform Law Review - Revue de droit uniforme 10, no. 3 (August 1, 2005): 447–68. http://dx.doi.org/10.1093/ulr/10.3.447.

Full text
APA, Harvard, Vancouver, ISO, and other styles
7

Fischer, Gerhard. "Enemy Aliens: Internment and the Homefront War in Australia, 1914–1920." Anglica. An International Journal of English Studies, no. 30/3 (September 1, 2021): 107–39. http://dx.doi.org/10.7311/0860-5734.30.3.07.

Full text
Abstract:
During the First World War, the German Australian community, the largest non-Anglo-Celtic group, became the target of a relentless campaign of persecution, internment and deportation that resulted in its dismemberment and the destruction of its socio-cultural infrastructure. Under the country’s belligerent Prime Minister, W.M. Hughes, the machinery of government was used to suspend basic civil rights and the rule of law, while Australian civilians were called upon to participate in the “homefront war” against an imagined internal enemy. The government’s aim was to serve the cause of Im- perial Britain and its commercial supremacy, and to secure the future of White Australia as the home of an imaginary, exclusive “British race.”
APA, Harvard, Vancouver, ISO, and other styles
8

McGaughey, Fiona, Tamara Tulich, and Harry Blagg. "UN decision on Marlon Noble case: Imprisonment of an Aboriginal man with intellectual disability found unfit to stand trial in Western Australia." Alternative Law Journal 42, no. 1 (March 2017): 67–70. http://dx.doi.org/10.1177/1037969x17694790.

Full text
Abstract:
On 23 September 2016, the United Nations (UN) Committee on the Rights of Persons with Disabilities found that the Australian government had breached its obligations under the UN Convention on the Rights of Persons with Disabilities. The case against Australia was brought by Marlon Noble, an Aboriginal man with an intellectual disability who was charged with sexual assault but found unfit to stand trial under the Mentally Impaired Defendants Act 1996 (WA). He was imprisoned indefinitely in 2001 and has been held in civil detention in the community since 2012. This article analyses the current policy and legislative context in Western Australia on this issue and reflects on Australia’s previous responses to individual human rights complaints to UN Committees.
APA, Harvard, Vancouver, ISO, and other styles
9

Keyes, Mary. "Jurisdiction Clauses in New Zealand Law." Victoria University of Wellington Law Review 50, no. 4 (December 2, 2019): 631. http://dx.doi.org/10.26686/vuwlr.v50i4.6305.

Full text
Abstract:
The Trans-Tasman Proceedings Acts 2010, mirror legislation in New Zealand and Australia, regulate the allocation of jurisdiction in trans-Tasman civil proceedings. The legislation includes provisions dealing with the effects of jurisdiction clauses. This article considers the treatment of jurisdiction clauses under the statutory regime and the common law regime which provides for the effect of jurisdiction clauses that are outside the scope of the legislation, how these regimes differ, and their relative strengths and weaknesses.
APA, Harvard, Vancouver, ISO, and other styles
10

Welsh, Michelle. "Realising the Public Potential of Corporate Law: Twenty Years of Civil Penalty Enforcement in Australia." Federal Law Review 42, no. 1 (March 2014): 1–22. http://dx.doi.org/10.22145/flr.42.1.9.

Full text
Abstract:
Traditionally corporate law has been viewed as having characteristics that are commonly associated with private law. Largely this view developed as a result of the “law and economics” scholarship which dominated the corporate law debate, especially in the United States, in the last quarter of last Century. While the traditional “law and economics” approach supports the view that corporate law should be treated as a branch of private law, and that the state should have no role in its enforcement, other scholars, particularly those that adopt a progressive approach, argue that corporate law has, and should be recognised as having characteristics that are usually associated with public law. Arguably, an area of Australian corporate law that displays characteristics that are usually associated with public law is the statutory directors’ duties and the civil penalty regime that supports them. This enforcement regime gives the state through the corporate regulator, standing to take court based proceedings to enforce what are in effect, contracts that established corporate governance structures. This article seeks to determine the appropriate role of a public regulator in these circumstances. The questions considered are: whose interests should the public regulator represent when it is tasked with the responsibility of enforcing the statutory directors’ duties that largely codify fiduciary and common law duties? Given that the duties are owed by directors to their company should the primary role of the public regulator be to represent the interests of the company, and its shareholders, who have suffered a loss as a result of the alleged contravention of the directors’ duties or should the primary role of the public regulator be to act in the interests of the members of the larger community? In these situations what are the interests of the larger community? Drawing on regulatory theory the argument advanced in this paper is that despite the fact that the statutory directors’ duties codify what are in effect private rights between directors and their companies, the primary role of a public regulator is not to utilise the enforcement mechanisms at its disposal in order to obtain compensation for companies who have suffered a loss. Rather, the regulator's primary role is to act in the interests of the larger community by utilising the enforcement mechanisms at its disposal strategically in order to encourage greater compliance.
APA, Harvard, Vancouver, ISO, and other styles
More sources

Dissertations / Theses on the topic "Civil law Australia"

1

Gibb, Susan Jennifer. "Privacy and Australian law." Title page, contents and abstract only, 1987. http://web4.library.adelaide.edu.au/theses/09PH/09phg4372.pdf.

Full text
APA, Harvard, Vancouver, ISO, and other styles
2

Clarke, Tamsin Law Faculty of Law UNSW. "Racism, pluralism and democracy in Australia : re-conceptualising racial vilification legislation." Awarded by:University of New South Wales. School of Law, 2005. http://handle.unsw.edu.au/1959.4/20530.

Full text
Abstract:
Australian debates about racial vilification legislation have been dominated by mainstream American First Amendment jurisprudence and popular American notions of 'free speech' to the exclusion of alternative Europeans models. This can be seen from notions of Australian racial vilification legislation as inconsistent with 'free speech' rights as well as the influence of some of the basic assumptions of First Amendment jurisprudence on political speech cases in the Australian High Court. Despite the widespread existence of legislation that penalises racial vilification at State and Federal levels, there has been a rise in Australia over the past 10 years of divisive 'race' politics. Against that background, this thesis considers the scope and limits of racial vilification legislation in Australia. It is argued that First Amendment jurisprudence is inadequate in the Australian context, because it is heavily dependent upon economic metaphors, individualistic notions of identity and outdated theories of communication. It assumes that 'free speech' in terms of lack of government intervention is essential to 'democracy'. It ignores the content, context and effect of harmful speech, except in extreme cases, with the result that socially harmful speech is protected in the name of 'free speech'. This has narrowed the parameters within which racial vilification is understood and hindered the development of a broader discourse on the realities of racist harms, and the mechanisms necessary for their redress. The author calls for the development of an Australian jurisprudence of harmful speech. Failing an Australian Bill of Rights, that jurisprudence would be grounded upon the implied constitutional right of free political speech, informed by an awareness that modern structures of public speech favour a very limited range of speech and speakers. The jurisprudence would take advantage of the insights of Critical Race Theory into the connections between racial vilification and racist behaviour, as well as the personal and social harms of racial vilification. Finally, it is argued that the concepts of human dignity and equality, which underpin European discrimination legislation and notions of justice, provide a way forward for Australian jurisprudence in this area.
APA, Harvard, Vancouver, ISO, and other styles
3

Battaglene, William M. "Australian promoter penalty laws: Their design, administration and commentary in Australian professional tax publications." Thesis, Queensland University of Technology, 2018. https://eprints.qut.edu.au/121484/2/William%20Battaglene%20Thesis.pdf.

Full text
Abstract:
Responsive Regulation Theory is applied to an examination of the Promoter Penalty Laws, which are designed to deter the promotion of tax avoidance and tax evasion schemes. These laws are examined in terms of their legislative design, the way that the Australian Taxation Office applies them, and the views of them expressed in professional tax publications. Recommendations for potential improvements to the laws are made.
APA, Harvard, Vancouver, ISO, and other styles
4

Fagence, Anna. "The use and potential problems of neuropsychological evidence in Australian tort litigation." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2014. https://ro.ecu.edu.au/theses/1009.

Full text
Abstract:
Australian lawyers often request psychologists assess plaintiffs for brain injury tort litigation, but it is unknown why they do this and how they use the expert neuropsychological report. It is crucial to know this because international authors argue that the way lawyers use and manage the neuropsychological evidence they commission may introduce unconscious bias into psychologists’ expert opinions. Unconscious bias within such evidence jeopardises the procedural justice of Australian brain injury tort litigation. Therefore, the present study explored how Australian tort litigation lawyers use expert neuropsychological evidence and how plaintiff lawyers advise and prepare their clients for neuropsychological assessments. In Stage One, 10 Western Australian lawyers involved in neuropsychological tort litigation were interviewed and reported that expert neuropsychological evidence primarily assists them to describe a plaintiff’s injury, and to quantify the plaintiff’s level of impairment as caused by the injury. The lawyers also reported that they provide plaintiffs with information about brain injury symptoms and details about the neuropsychological assessment. Stage Two explored whether the Stage One themes were germane to lawyers from other states. Seventy-seven Australian lawyers completed an anonymous web-based survey constructed from the Stage One themes and limited international research literature. The results confirmed the themes applied to lawyers in all Australian legal jurisdictions. The findings suggest that the way Australian lawyers use expert neuropsychological evidence and prepare their clients for neuropsychological assessments may engender unconscious bias within the psychologist’s evidence in favour of the client. The implications of the study’s findings are discussed, emphasising that Australian psychologists must modify their practices to ensure their expert neuropsychological evidence is procedurally fair.
APA, Harvard, Vancouver, ISO, and other styles
5

Pennell, Donna Michelle. "How do schools view legal solutions in the prevention and intervention of cyberbullying?" Thesis, Queensland University of Technology, 2021. https://eprints.qut.edu.au/213019/1/Donna_Pennell_Thesis.pdf.

Full text
Abstract:
This study considers public calls for the law to stop youth cyberbullying. Adopting social-ecological theory, a legal approach was considered alongside roles of schools in reducing student cyberbullying. A qualitative case study of two independent secondary schools was undertaken. Data came from anti-cyberbullying policy documents, interviews with leaders, key staff, and parents, and from focus groups conducted with students and teachers. Thematic content analyses revealed a uniquely-informed understanding of legal and societal influences on schools; the role of a cyberbullying-specific law; and for inter-systemic legal and educational solutions that warrant further investigation. Recommendations included improving community responses to youth cyberbullying.
APA, Harvard, Vancouver, ISO, and other styles
6

Qu, Charles Zhen. "Civil remedies against insider dealers : a study in the contexts of managed investments using unit trusts." Phd thesis, 2006. http://hdl.handle.net/1885/151584.

Full text
APA, Harvard, Vancouver, ISO, and other styles
7

Edgar, Daniel. "The Indigenous right of self-determination and 'the state' in the Northern Territory of Australia." 2009. http://repository.unimelb.edu.au/10187/5763.

Full text
Abstract:
The topic of this thesis is the prolonged denial and eventual recognition of the rights of the Indigenous peoples of Australia following the British assertion of sovereignty. The analysis considers the manner in which the denial and subsequent recognition of Indigenous rights has affected the system of government of the dominant society (the Commonwealth of Australia) in terms of the establishment and evolution of the constitutional framework and associated processes of institutional change in the principles, structures and procedures of the system of government. The primary jurisdiction in which this topic is explored is the Northern Territory of Australia; the primary contexts are the recognition of Indigenous land rights (defined broadly to include associated natural and cultural heritage and resource rights) and the Indigenous right to self government within ‘the state’ (the internationally constituted and recognised polity of the Commonwealth of Australia).
The thesis draws on analogous developments in Canada and New Zealand to demonstrate that, while significant progress has been made in the recognition of Indigenous rights since the 1960s, many forms of recognition remain conceptually and procedurally limited. In particular, associated regimes have almost invariably been devised and implemented within a fundamentally monocultural context in which Indigenous rights remain subject to unilateral abrogation or extinguishment by Commonwealth governments. In addition, the legal basis of and requirements for recognition of Indigenous rights according to Commonwealth law result in extremely variable levels of recognition in different areas and contexts, and principles and procedures for the mutual recognition and co-existence of Indigenous and Commonwealth law and systems of government are only partially apparent in the Federal and Northern Territory systems of government. In addition to extending and deepening the recognition of Indigenous rights throughout all relevant institutions of the system of government, to address these deficiencies the thesis argues that constitutional recognition and protection of Indigenous rights and the negotiation of treaties are essential if the Indigenous right of self-determination is to be respected and accommodated by the dominant society.
APA, Harvard, Vancouver, ISO, and other styles
8

Winchester, Tarryn Lee. "A comparative analysis of the exceptions/defences available under the Hague Convention on Civil Aspects of International Child Abduction, 1980 and their implementation and effectiveness in South Africa and Australia." Thesis, 2011. http://hdl.handle.net/10413/6397.

Full text
APA, Harvard, Vancouver, ISO, and other styles
9

Gibson, Robin Margaret. "Bridging the gap between rhetoric and reality: can the law enforce quality patient-centred care in Australia?" Phd thesis, 2016. http://hdl.handle.net/1885/131461.

Full text
Abstract:
This thesis investigates a perceived gap between the medical profession’s rhetoric that the welfare of the patient is the medical practitioner’s first priority, and the reality of patient experience. The Medical Board of Australia’s Good Medical Practice: A Code of Conduct for Doctors in Australia mandates the duty of medical practitioners to make the care of their patients their first priority. This code also confirms that good medical practice is patient-centred. Patient-centred care should therefore be central to patient experience. However, despite promotion of this goal by medical professional authorities, patient-centred care is not always being achieved as well as it might in practice. This thesis is an attempt to understand the reasons why this divergence between rhetoric and practice is occurring, paying particular attention to the role of the law as a potential and actual promoter of, and barrier to, practices which are recognised components of patient-centred care, and consequently of good medical practice. This aim is developed through two case studies, the way valid advance directives are observed or not, and the responses of medical practitioners to injuries to patients sustained during medical treatment. The methodology used includes analysis of hard law regulatory processes together with the development of and increasing reliance on the soft law documented in codes, guidelines and other regulatory standards which reflect the evolving ideals of medical professionalism. In turn, an examination of disciplinary cases of tribunals and courts shows how conduct is interpreted in accordance with what is or is not professional behaviour. There is evidence that observance by medical practitioners of patient-centred care is often being overwhelmed by the scientific and technical aspects of medical practice and other pressures on medical practitioners, such as concerns about legal liability. The necessity for the observance of respect for the human being who is the patient is discounted to these priorities despite extensive evidence of improved outcomes for patients when patient-centred principles are implemented. The reasons for this discount are complex but a major contributor to the less than optimum observance of patient-centred principles is medical professionalism as fostered by the current methods of socialisation and training of medical practitioners. Bullying and humiliation of medical students in their training leads to desensitisation and a consequent lack of attention by medical practitioners to the necessity for patient-centred approaches to practice. An exploration of the direct and indirect impacts of the law upon the medical profession shows the domination of medical practitioner interests over the interests of their patients. Therefore, this thesis considers whether the existing Australian legislative regime can be applied to achieving the promotion of the observance of quality, patient-centred practices by medical practitioners to the mutual benefit of doctor and patient. It argues that medical disciplinary authorities can use the provisions of the Health Practitioner Regulation National Law together with soft law regulation to more completely embed a patient-centred culture in medical practitioner behaviour.
APA, Harvard, Vancouver, ISO, and other styles
10

Duranleau, Joëlle. "La médiation obligatoire en droit civil comme outil pour favoriser l'accès à la justice." Thèse, 2017. http://hdl.handle.net/1866/21352.

Full text
APA, Harvard, Vancouver, ISO, and other styles

Books on the topic "Civil law Australia"

1

Erbacher, Sharon. Restitution law. 2nd ed. Sydney, N.S.W: Cavendish, 2002.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
2

O'Neill, Nick. Retreat from injustice: Human rights in Australian law. Leichhardt, NSW: Federation Press, 1994.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
3

Simon, Rice, and Douglas Roger, eds. Retreat from injustice: Human rights law in Australia. 2nd ed. Annandale, N.S.W: Federation Press, 2004.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
4

Contemporary perspectives on human rights law in Australia. Rozelle, N.S.W: Thomson Reuters (Professional) Australia, 2013.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
5

Class action law and practice. Sydney: Federation Press, 2007.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
6

Hilary, Charlesworth, and McKinnon Gabrielle, eds. Bills of rights in Australia: History, politics and law. Sydney: UNSW Press, 2009.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
7

Kinley, David, lecturer in law., ed. Human rights in Australian law: Principles, practice, and potential. Sydney: Federation Press, 1998.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
8

The liberal promise: Anti-discrimination legislation in Australia. Melbourne: Oxford University Press, 1990.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
9

Kercher, Bruce. Debt, seduction, and other disasters: The birth of civil law in convict New South Wales. Sydney: Federation Press, 1996.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
10

C, Hunter Rosemary, and Law and Justice Foundation of New South Wales, eds. Enforcing human rights in Australia: An evaluation of the new regime. Annandale, N.S.W: Themis Press, 2010.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
More sources

Book chapters on the topic "Civil law Australia"

1

Mendelson, George, and Danuta Mendelson. "Methods of Ascertainment of Personal Damage in Australia." In Personal Injury and Damage Ascertainment under Civil Law, 467–504. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-29812-2_25.

Full text
APA, Harvard, Vancouver, ISO, and other styles
2

Hill, Lisa, Max Douglass, and Ravi Baltutis. "Implementation of s 113: Lessons to Adopt, Pitfalls to Avoid and Refinements to Pursue." In How and Why to Regulate False Political Advertising in Australia, 123–39. Singapore: Springer Nature Singapore, 2022. http://dx.doi.org/10.1007/978-981-19-2123-0_9.

Full text
Abstract:
AbstractBecause s 113 has been in place for some time it has much to teach us about how to design a viable regime for truth in election advertising. However, in sketching out our preferred or ideal model we offer a number of enhancing modifications to SA’s framework, some of which are inspired by practice (and shortcomings) in other common law jurisdictions. We focus here on the implementation of s 113, in particular on issues associated with: whether the publication of misleading election information should be a civil or criminal matter; timeliness and resources including ergonomic aspects of the investigation process; the notion of ‘material extent’ and its complications in determining a breach of s 113; the issue of possible unintended consequences of TIPA-type legislation; problems associated with determining the difference between purported statements of fact and opinion; legal defences; and appropriate penalties and adjudicators.
APA, Harvard, Vancouver, ISO, and other styles
3

sharp, Andrew. "Samuel Marsden’s Civility: The Transposition of Anglican Civil Authority to Australasia." In Law and Politics in British Colonial Thought, 129–48. New York: Palgrave Macmillan US, 2010. http://dx.doi.org/10.1057/9780230114388_8.

Full text
APA, Harvard, Vancouver, ISO, and other styles
4

Hill, Lisa, Max Douglass, and Ravi Baltutis. "Current Approaches to Combatting the Emerging ‘Infodemic’." In How and Why to Regulate False Political Advertising in Australia, 33–44. Singapore: Springer Nature Singapore, 2022. http://dx.doi.org/10.1007/978-981-19-2123-0_4.

Full text
Abstract:
AbstractIn this chapter we examine how the false election information problem has been managed so far in Australia. Up to this point, mainly non-legislative means, such as fact-checking services, voluntary codes of conduct and civil society remedies have been used. Defamation laws have also been invoked to address the problem and we assess their capacity to perform this function. Although there is value in these alternative methods, we question whether they will be sufficient to adequately combat the problem, particularly in the digital age. We conclude that they should be used in conjunction with the legal solution we propose.
APA, Harvard, Vancouver, ISO, and other styles
5

Keene, Alex Ruck, and Mary Sealy. "Australia—Victoria." In The International Protection of Adults. Oxford University Press, 2015. http://dx.doi.org/10.1093/9780198727255.003.0032.

Full text
Abstract:
Australia is a common law country. Australia is a federation of five states and two territories. Laws affecting adults in need of protection are generally made at state level. In Victoria, adult protection matters are decided by the Victorian Civil and Administrative Tribunal (‘VCAT’) in its Guardianship List. VCAT is the lowest court body—with Magistrates, County, and Supreme Court the hierarchy within the state. The High Court of Australia is the highest appellate court.
APA, Harvard, Vancouver, ISO, and other styles
6

Vines, Prue. "Apologies, Liability and Civil Society: Where to from Here?" In New Directions for Law in Australia. ANU Press, 2017. http://dx.doi.org/10.22459/ndla.09.2017.30.

Full text
APA, Harvard, Vancouver, ISO, and other styles
7

Leuprecht, Christian. "Australia." In Intelligence as Democratic Statecraft, 135–54. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192893949.003.0006.

Full text
Abstract:
Intelligence accountability in Australia balances compliance and bodies whose systematic focus is on efficacy and financial review with independent intelligence reviews, commissions, and inquiries that focus on efficacy. Australia differs insofar as it is not subject to a constitutionally or supranationally enshrined civil right regime. A diversity of mechanisms, ranging from parliamentary committees and executive bodies to periodic independent reviews, fashion an oversight system that drives innovation. From the three Royal Hope Commissions to regular inquiries into the National Intelligence Community, Australia’s independent in-depth periodic reviews, inquiries, and commissions have a track-record of shaping and spurring change and innovation in the scope and structure of accountability across its broader intelligence and security community. The Australian tradition of independent expert intelligence reviews, commissions, and inquiries offsets the lack of accountability bodies dedicated to reviewing for efficacy and innovation. The chapter reviews the member organizations of the Australia’s National Intelligence Community, the strategic environment that has informed intelligence and accountability in Australia, national security threats as seen by Australia, as well as Australia’s systematic approach to reviewing and innovating its intelligence accountability architecture. It consists of the Inspector General of Intelligence and Security, the Parliamentary Joint Committee on Intelligence and Security, and the Independent National Security Law Monitor. Although similar to the United States Office of the Director of National Intelligence and the United Kingdom’s Joint Intelligence Organization, Australia’s Office of National Intelligence is quite unique insofar as neither the US and UK equivalents nor comparable offices in Canada and the New Zealand have an analogous accountability function. These mechanisms balance existing independent review mechanisms with mandates to review legislation and compliance, propriety, administration.
APA, Harvard, Vancouver, ISO, and other styles
8

Joseph, Sarah, and Dr Joanna Kyriakakis. "Australia: Tort Law Filling a Human Rights Void." In Civil Remedies and Human Rights in Flux. Hart Publishing, 2022. http://dx.doi.org/10.5040/9781509947621.ch-003.

Full text
APA, Harvard, Vancouver, ISO, and other styles
9

Josev, Tanya. "The High Court of Australia at Mid-Century: Concealed Frustrations, Private Advocacy, and the Break with English Law." In Common Law, Civil Law, and Colonial Law, 286–304. Cambridge University Press, 2021. http://dx.doi.org/10.1017/9781108955195.012.

Full text
APA, Harvard, Vancouver, ISO, and other styles
10

Cashman, Peter. "Civil Liability in Australia for International Human Rights Violations." In Human Rights Litigation against Multinationals in Practice, 140–67. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198866220.003.0006.

Full text
Abstract:
Peter Cashman reviews the current state of play in Australia regarding the imposition of civil liability on multinationals for human rights abuses and environmental damage occurring overseas. He considers cases based on a direct tort law-based duty of care and the relevance in that regard of developments in English law and also environmental damage associated with the operations of Australian multinationals, in particular the historic OK Tedi litigation against BHP Billiton and the recent class action trial of the claim by Indonesian seaweed farmers arising from the Montara oil spill. Important aspects of the law on jurisdiction, forum non conveniens, and choice of law and the opt-out class action regime in federal and State courts are outlined. The rules relating to the running of cases by private law firms and third party litigation funders on the basis of contingency fee agreements are explained
APA, Harvard, Vancouver, ISO, and other styles

Conference papers on the topic "Civil law Australia"

1

Harper, Glenn. "Becoming Ultra-Civic: The Completion of Queen’s Square, Sydney 1962-1978." In The 38th Annual Conference of the Society of Architectural Historians Australia and New Zealand. online: SAHANZ, 2022. http://dx.doi.org/10.55939/a4009pijuv.

Full text
Abstract:
Declaring in the late 1950s that Sydney City was in much need of a car free civic square, Professor Denis Winston, Australia’s first chair in town and country planning at the University of Sydney, was echoing a commonly held view on how to reconfigure the city for a modern-day citizen. Queen’s Square, at the intersection of Macquarie Street and Hyde Park, first conceived in 1810 by Governor Lachlan Macquarie, remained incomplete until 1978 when it was developed as a pedestrian only plaza by the NSW Government Architect under a different set of urban intentions. By relocating the traffic bound statue of Queen Victoria (1888) onto the plaza and demolishing the old Supreme Court complex (1827), so that nearby St James’ Church (1824) could becoming freestanding alongside a new multi-storey Commonwealth Supreme Court building (1975), by the Sydney-based practise of McConnel Smith and Johnson, the civic and social ambition of this pedestrian space was assured. Now somewhat overlooked in the history of Sydney’s modern civic spaces, the adjustment in the design of this square during the 1960s translated the reformed urban design agenda communicated in CIAM 8, the heart of the city (1952), a post-war treatise developed and promoted by the international architect and polemicist, Josep Lluis Sert. This paper examines the completion of Queen’s Square in 1978. Along with the symbolic role of the project, that is, to provide a plaza as a social instrument in humanising the modern-day city, this project also acknowledged the city’s colonial settlement monuments beside a new law court complex; and in a curious twist in fate, involving curtailing the extent of the proposed plaza so that the colonial Supreme Court was retained, the completion of Queen’s Square became ultra – civic.
APA, Harvard, Vancouver, ISO, and other styles
You might also be interested in the extended bibliographies on the topic 'Civil law Australia' for particular source types:
Journal articles Books
We offer discounts on all premium plans for authors whose works are included in thematic literature selections. Contact us to get a unique promo code!

To the bibliography