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This work explains how statutes underpin and inform the whole of the law of negligence. Although the civil liability legislation has highlighted the foundational role of statutes, in truth this has been the case for many decades. The book shows how throughout the entirety of the law of negligence - including duty, breach, causation, contributory negligence, statutory contribution, proportionate liability and damages - statutes have been responsible for the law as it is now understood and practised. In particular, the law of causation, of damages for mental harm and the immunity of highway authorities are shown to have been deeply informed by statute. The book's purpose is both educational and practical. While it will strengthen the reader's conceptual understanding of the complex ways in which statutes and the common law interact to produce the law of negligence, the book is far from a work of abstract theory. On the contrary, its focus is on the very significant practical consequences that flow from the interaction.
The first work dealing comprehensively with jurisdiction in the Australian legal system. What are the limits of federal jurisdiction? How is federal jurisdiction conferred and invested on Federal and State courts within the Australian legal system? What is aEURO accrued jurisdictionaEURO ? What is a aEURO matteraEURO ? What is jurisdictional error? What is a jurisdictional fact? Why are there no Australian courts of unlimited jurisdiction? What does it mean to say that a court has jurisdiction to decide its own jurisdiction? How is a court's jurisdiction invoked? These questions are of vital practical and conceptual importance; the purpose of this work is to answer them, by providing a comprehensive account of the role of jurisdiction in Australia. Although the book extends to all aspects of jurisdiction, it covers the whole of federal jurisdiction, and provides not only an accessible analysis for practitioners and courts, but also a thoughtful and detailed account of the underlying principle and decisions. All classes of federal aEURO mattersaEURO are addressed, but with an emphasis on those arising most commonly in practice, as well as the essential statutory provisions by which State and federal jurisdiction is conferred and qualified and excluded. Separate chapters deal with invoking jurisdiction, jurisdictional error, service, and appeals and appellate jurisdiction, in State and federal courts.
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, and conflicts involving the laws of the self-governing Territories