Leading Cases In Australian Law

Leading Cases in Australian Law provides, in essence, a summary of the 200 most cited cases in Australian law. Each case note contains an outline of the facts, issues and decision, an extract of the most frequently cited portions of the judgment, commentary incorporating later decisions on the topic, and cross-references to the leading texts on the legal area of the case. Finally, under each case heading there is a single-sentence proposition for which the case stands as authority, and these are later collated in a table for easy reference.\n\nThis is the first book of its kind published in Australia, and it is intended to serve as a portrait of Australian law as currently practised. Appendices are included to complete this picture, providing further information such as lists of top cases by subject area, and a ranking of the most cited judges.\n\nThis book will be useful to law students, who will likely encounter most of these cases during the course of their degree, as well as to legal practitioners, who will find it a useful reference for the cases that have faded from memory since law school as well as the cases cited in daily practice.\n\nFrom the Launch:\nSir Anthony Mason launches Australia's first compilation of leading cases at Herbert Smith Freehills, 7 July 2016

As Chief Justice French, as he then was, makes clear in his Foreword to this extremely interesting new volume, there is a long tradition of books which compile leading cases but that tradition has not previously encompassed Australia. The authors ... have produced a book which is steeped in history and yet highly innovative. It makes use of extensive legal databases now available to researchers in order to determine which cases have been the most cited in Australian courts. The authors further add to what is already available through legal databases by including concise but thorough sketches of what each case is about and providing a glimpse into why it has been cited so frequently. ... it is certainly a book which is unlike any other produced for an Australian market and it fits that space so well that lawyers may well forget a time when it was not available. This is a testament to the great achievement of its very talented authors. Read full review... - Greg Weeks, Australian Journal of Administrative Law, 63, 2017 This book gave me deep inner joy of a kind that law books are not generally noted for providing.Its premise is simple: identify the 200 judgments which are cited most frequently in Australian courts, and give each a two-page summary treatment. The outcome is snapshot of the business of our courts - the types of matters which appear most often at application, trial and appellate level, and the leading case for the principal propositions of law in each. ... The aim of the text is not to provide a detailed analysis of the cases. Nor is it to be a substitute for reading the actual decisions and reasoning. Each case is dealt with over only two pages, starting with a one-sentence statement of the principle for which the case is said to be authority. There is then a brief summary of the facts and the decision, a few key statements quoted from the reasons, a very short commentary on matters of note, and references for further reading. To accomplish all this in only two pages per case is, to my mind, a triumph of the clear and concise "plain English" style of writing which we, as lawyers, vocally espouse but frequently fail to achieve. ... The book can be enjoyed on so many levels. I started by reading the table of contents to test myself on how many cases I could identify the proposition for. I, quickly, realised it was a collection of old friends. Read review... - Angela Rae, Hearsay, November, 77 As a rule, lawyers love lists. ... From reading the summaries of the cases with which I am most familiar, including some which can be described as complex, I was impressed with the way the authors heroically wrestled each of them into the confines of two pages with a satisfying level of precision and coverage; clearly, much thinking has gone into the writing. ... I very much enjoyed paging through its contents, revisiting some familiar authorities, some from as far back as law school, others of more recent acquaintance, and learning of others not previously known to me, mostly because they occupy territory in the legal universe onto which I have not dared to trespass. Clearly, the degree of satisfaction a practitioner might derive from this book will vary depending on whether he or she is a barrister or disputes lawyer, a real estate expert, a corporate/ commercial transactor, a criminal lawyer or something more specialist or esoteric. Administrative law, criminal law and procedure are heavily represented in the top 20 cases but after that the spread evens out across other disciplines. ... While practitioners will, I think, enjoy it and appreciate the refresher, I suspect that the most avid audience for it will be the student population, particularly at the undergraduate level. I remember well struggling through long and complex cases when pre-reading for a class, wishing for a crib or guide or even a hint as to what on earth they were all about. How I would have appreciated a two-page summary of the kind offered in this book as pre-reading to the pre-reading! Read full review... - Nuncio D'Angelo, Australian Law Journal, 2016, 90 Leading Cases in Australian Law is the first casebook in Australia, and the only casebook published in the 21st century, to provide succinct summaries and analysis of the most significant cases in Australian law at large. As Chief Justice Robert French notes in his foreword to the book, the text is part of a venerable tradition of casebooks dealing with leading cases in all areas of law. However, Leading Cases is a thoroughly modern iteration of its predecessors, and will serve as a very useful point of reference for present day students and practitioners. ... The book serves both as an excellent primer for students as they study these leading cases, and a quick reference for practitioners, lest they forget the sources of the principles they most commonly rely upon. Besides being a faithful reference book, Leading Cases is also an interesting read - an elusive quality in a casebook. Read full review... - Rohit Sud, Alternative Law Journal, Vol 41:3 2016 There are some ideas that are so simple it is baffling they took so long to materialise. Many years after electronic case databases made legal research immeasurably easier, a hard-copy collection of leading Australian (and some British) case law has finally landed. This is the first Australian work to carry on the tradition from the UK and US of collecting leading cases in a volume of casenotes. The editors have chosen a sound methodology for selecting the cases: only the top 200 most-cited judgments by Australian courts have made the cut. This not only gives a broad sweep of important authorities, but also ensures the relevancy and effective lifespan of the book's contents are extended as long as possible. The quality of the casenotes is excellent. Each contains a brief summary of the facts, a collection of rationes decidendi, additional insightful comments and sometimes an expanded formulation of principles from later decisions. References for further reading round out each case. The only quibble a reader might have is that useful information about the constitution of the bench has been left out, including the numbers and make-up of the majority and dissenting opinions. Dare I say it, the short summaries of facts and principles even make entertaining leisure reading for law nerds (which many of us are at heart, surely). The foreword by Chief Justice French contains a memorable defence of paper and ink publishing and a droll denunciation of the "frequent phenomenon of legal practice" in which "leading cases are cited like minor spells or cantrips in the hope that beneficial effects will flow simply from the invocation of their names." In spite of my initial scepticism, Leading Cases in Australian Law may prove to be a worthwhile addition to a professional library. It is an engaging read, a welcome refresher and a handy reference for the most oft-cited principles of our common law. - Joseph Sampson, Law Society Journal, August 2016 Whilst each decision of the Court is important to the litigants who agitate their interests in it and whilst some have wider application to a larger section of society, there are only a handful of cases which impact upon the character of Australian law for a sustained period. ... there are some well-known cases which appear in the top 20 and then others which might surprise. This is a most interesting work which should be read by all lawyers and law students alike. The greatest benefit from reading it will be that which is indirectly conveyed; being the revelation of the connecting principles which underpin Australian jurisprudence across its wide variety of taxonomical categories. Read full review... - Queensland Law Reporter - 15 July 2016 - [2016] 27 QLR [T]he Guide to the 200 Most Frequently Cited Judgments would add value to any law library and also act as a helpful book of reference to either the hard pressed law student, academic or the busy law practitioner. Read full review... - Emeritus Professor David Barker AM, Legal Education Digest, July 2016

Simon Rice OAMSimon is a Professor of Law at the Australian National University, where he is Director of Law Reform and Social Justice. He researches and writes in discrimination, human rights, access to justice and public interest lawyering.From 1996-2011 he was a part-time judicial member of the NSW Administrative Decisions Tribunal in the Equal Opportunity Division. He is a past President of Australian Lawyers for Human Rights, and a former Director of the NSW Law Foundation.In 2002 he was awarded a Medal in the Order of Australia for legal services to the socially and economically disadvantagedAndrew DayProfessor Andrew Day is a clinical and forensic psychologist who has worked in correctional and forensic mental health services in the UK and Australia. He is a Professor in the School of Psychology, and an Associate Director of the Centre for Mental Health and Wellbeing at Deakin University.Dr Day obtained his Doctorate in Clinical Psychology at the University of Birmingham UK in 1994 and Masters in Science in Applied Criminological Psychology at the University of London UK in 1991 that included work as a Prison Psychologist with the UK Home Office.He has published many research articles on offender rehabilitation, co-edited textbooks for pre-university Psychology curriculums, and presented conference papers at national and international research conferences. His current research interests focus mainly on the development of therapeutic and rehabilitative approaches for offenders.

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