Principles of Federal Criminal Law is a comprehensive examination of the general principles of federal criminal law, as outlined in Chapter 2 of the Commonwealth Criminal Code. The book provides commentary on specific terms and phrases used in Chapter 2 as well as examples of how each principle may be applied.

At a time when the practical significance of the Code is ever-increasing and a growing number of offences are being brought under the Code, lawyers must increasingly draw upon the Code’s often-unfamiliar principles and language. Stephen Odgers offers an intelligent guide through this territory, making the principles accessible both to criminal lawyers dealing with a widening range of criminal offences, and to commercial lawyers who must now grapple with the shift towards criminal penalties for commercial crimes

I. Overview -- II. Kramer vs. Kramer Revisited: The Sole Custody/Adversary System Paradigm -- III. Divorce, Children, and Courts: An Empirical Perspective -- IV. Parents Are Forever I: Joint Custody and Parenting Plans -- V. Parents Are Forever II: Alternative Dispute Resolution and Mediation -- VI. Parents Are Forever III: Court-Affiliated Educational Programs -- VII. Contrasting Child Custody Court Paradigms: New York and California -- VIII. Family Violence -- IX. Differentiated Case Management -- X. Lawyers for Parents -- XI. The Voice of the Child, the Lawyer for the Child, and Child Alienation -- XII. Neutral Mental Health Evaluators -- XIII. The "Best Interests" Test and Its Presumption-Based Competitors -- XIV. Consolidating the New Paradigm: The Future of the Child Custody Court.

Introduction: a new problem -- 1. A new understanding of child abuse in the context of parental separation -- 2. Child abuse, family violence and family law legislation -- 3. Family law legislation and the protection of children -- 4. Child sexual abuse -- 5. Other forms of child abuse -- 6. Managing families and their problems -- 7. Managing the family law service system -- 8. Case presentations: the professionals' contributions

Exposes the fragility of Australian multiculturalism and the racism lurking behind media and political responses to crime. Drawing on new fieldwork, the book critically reviews the evidence about ethnic criminality in Australia, records and reviews the media's stereotypical response, and probes the issue of Lebanese gangs

1.Evidence and inference: some food for thought; 2. Fact investigation and the nature of evidence; 3. Principles of proof; 4. Methods of analysis; 5. The chart method; 6. Outlines, chronologies and narrative; 7. Analysing the decided case: anatomy of a cause célèbre; 8. Evaluating evidence; 9. Probabilities, weight and probative force; 10. Necessary but dangerous: generalizations and stories in argumentation about facts; 11. The principles of proof and the law of evidence; 12. The trial lawyer’s standpoint.

Introduction: From verballing to ERISP
Researching recorded interrogation
Dramatis personae: police, suspects and others
The interviewing process ‘PEACE’ and investigative interviewing skills
Perceptions and experiences of videotaping the questioning of suspects
Conclusion: the role of audio-visual recording in criminal justice

This book outlines the constitutional systems of the six Australian states and ten Commonwealth territories. It begins with their history, basic features, role and future within the Australian federation. Its primary focus is on the binding constitutional restrictions which impact on their parliaments and governments. These issues are also dealt with in relation to the three self-governing territories of the ACT, the Northern Territory and Norfolk Island. It is the only Australian legal reference work of its kind which deals specifically with the constitutional systems of the states and territories. This book is for all law students and constitutional law teachers as well as legal advisors to commonwealth, state and territory governments and parliaments. It will also be of interest to Supreme, Federal, and High Court judges, political scientists working in the area of federalism and anyone with an interest in constitutional affairs

Refugee movements in recent years have been remarkable for the number of children journeying without the protection of a responsible adult: unaccompanied children typically comprise between 5-7% of asylum seekers world wide. This study was prompted by the suspicion that Australia like many Western countries has not responded particularly well to the challenges presented by this phenomenon.

Law, Society and the Family
Developing an Australian Family Law
Constitutional Law and the Family
Formation of Marriage
Nullity and Divorce
Children and Parents: Parentage and Parenting Disputes
Children and Parents: Additional Issues
Financial Support of Married and De Facto Partners
Financial Support of Children: Family Law Act
Financial Support of Children: Child Support Acts
Property Distribution on the Breakdown of Marriage: Preliminary Issues
Property Distribution on the Breakdown of Marriage: Adjustment Issues
Property Distribution on the Breakdown of Marriage: Additional Issues
Property Distribution on the Breakdown of a De Facto Relationship
Violence and Abuse

Pt. I. Contemporary Views and Findings. 1. Diagnosis and Treatment of Helper Stresses, Traumas, and Illnesses / Paul Valent. 2. The Trauma of Working with Traumatized Children / Tracy Woodard Meyers and Thomas A. Cornille. 3. Stress Responses of Mental Health Workers Following Disaster: The Oklahoma City Bombing / David F. Wee and Diane Myers. 4. Secondary Traumatic Stress in Case Managers Working in Community Mental Health Services / Lenore Meldrum, Robert King and Darren Spooner. 5. Measuring Compassion Satisfaction as Well as Fatigue: Developmental History of the Compassion Satisfaction and Fatigue Test / B. Hudnall Stamm -- Pt. II. Treatment and Prevention Innovations. 6. The Accelerated Recovery Program (ARP) for Compassion Fatigue / J. Eric Gentry, Anna B. Baranowsky and Kathleen Dunning. 7. Humor as a Moderator of Compassion Fatigue / Carmen C. Moran. 8. The Silencing Response in Clinical Practice: On the Road to Dialogue / Anna B. Baranowsky. 9. Trauma Treatment Training for Bosnian and Croatian Mental Health Workers / Geoffry D. White. 10. Strategies for Managing Disaster Mental Health Worker Stress / Diane Myers and David F. Wee -- Epilogue / Charles R. Figley.

This book explores Australia's ambivalent legal and political response to 'irregular' migrants - asylum seekers, 'boat people', 'illegals', 'queue jumpers' and 'economic migrants'

The scope of this text -- Jurisdiction over statutory tribunals -- Judicial control of domestic tribinals in non-livelihood cases -- Private tribunals and restraint of trade -- Statutory jurisdiction over domestic tribinals -- Legal error (other than denial of natural justice) -- Natural justice: general -- Institution of proceedings: aright to be heard? -- Urgent action and the right to be heard -- Notice of the hearing -- Does natural justice imply a right to counsel? -- The hearing -- Are reasons part of a fair hearing? -- Can there be fairness without an appeal? -- The twin pillar: the rule against bias -- Remedies -- Non-determinative inquiries.

1. Disputes and dilemmas in health law: an overview -- Part II: Ethical frameworks and dilemmas: 2. Moral frameworks in health care: an introduction to ethics -- 3. Advance directives: disputes and dilemmas -- 4. Competency issues for young persons and older persons -- Part III: Human rights and therapeutic jurisprudence: 5. Human rights, health rights and the jurisprudence of public health law -- 6. Mental health law and therapeutic jurisprudence -- Part IV: Public health: 7. New directions in public health law -- 8. Mad cows and prions: legal, ethical and operational challenges in responding to Creutzfeldt-Jakob Disease (CJD) and variant CJD -- 9. International trade agreements and the practice of medicine -- Part V: Reproductive technologies: 10. Old technologies and new challenges: assisted reproduction and its regulation -- 11. Genetic technologies and ART: ethical values, legal regulation and informal regulation -- 12. The regulation of cloning and stem cell research -- Part VI: Research and vulnerability: 13. Genetic research and commercialisation -- 14. Current issues in gene patenting -- Part VII: The sequelae of the end of life: 15. The evolving institution of coroner -- 16. Disposing of the dead: objectivity, subjectivity and identity -- 17. Organ donation and transplantation in Australia -- 18. Arbitrating "end-of-life" decisions: issues, processes, and the role of the law -- Part VIII: Litigation and liability: 19. Life after the Ipp Reforms: medical show more negligence laws -- 20. Doctors and forensic expertise -- 21. Judicial activism or "traditional" negligence law? Conception, pregnancy and denial of reproductive choice -- 22. Dilemmas in obstetrics and midwifery -- 23. Nurses as defendants: emerging risks -- Part IX: Regulation: 24. Regulation of health practitioners --25. Health systems, quality control and corporatisation: new challenges for accountability -- 26. Vulnerability in research -- Part X: Information, privacy and confidentiality: 27. Re-thinking confidentiality -- 28. Privacy issues, HealthConnect and beyond -- 29. Genetic privacy, discrimination and insurance -- 30. Record creation and access: the impact of legislative changes. show less

The Case Law in common law jurisdictions is massive and burgeoning. This is particularly true of private law, including contract law. To date there are over 6,000 Australian cases on contracts, over 900 of them in the High Court of Australia. There is wide agreement that it is becoming increasingly costly to locate, comprehend and apply.
Would it be beneficial if it were replaced by an authoritative statement of the law in a more accessible form, such as in a code? If there were to be a code, should it state the law in a relatively small number of broad principles or state it in the form of numerous detailed rules?
The authors of Models of Contract Law conducted three experiments which compared the utility of Case Law with that of two different codes of contract law - UNIDROIT Principles of International Commercial Contracts, a detailed model code published by the International Institute for the Unification of Private Law.
The Australian Contract Code, a short draft code published by the Victorian Law Reform Commission in 1992.

In this thoroughly revised and updated edition of the first book-length treatment of the subject, S. James Anaya incorporates references to all the latest treaties and recent developments in the international law of indigenous peoples. Anaya demonstrates that, while historical trends in international law largely facilitated colonization of indigenous peoples and their lands, modern international law's human rights program has been modestly responsive to indigenous peoples' aspirations to survive as distinct communities in control of their own destinies.

This book provides a theoretically grounded and practically oriented synthesis of the historical, contemporary and emerging international law related to indigenous peoples. It will be of great interest to scholars and lawyers in international law and human rights, as well as to those interested in the dynamics of indigenous and ethnic identity

Indigenous self-determination is the recognised right of all peoples to freely determine their political status, and pursue their economic, social and cultural development. Unfinished Constitutional Business? offers fresh insights into the ways communities can chart their own course and realise self-determination. Because the history of colonisation is emotionally charged, the issue has been clouded by a rhetoric that has sometimes obstructed analysis.Unfinished Constitutional Business? provides a comprehensive international exploration of self-determination. It argues that patterns are emerging that point to effective strategies that will allow communities to realise their goals.Unfinished Constitutional Business? surveys both common law and civil law systems. The United Nations working party’s definition of Indigenous people has been influenced by these different experiences of colonisation, as was the Australian High Court decision in the Mabo case; in particular, Justice Brennan’s concept of a sovereign community.

How many Aboriginal languages are there? Where are they spoken? How are they learned by children? Are there dictionaries of Aboriginal languages? What is the connection between the land, people and language in Aboriginal Australia? This book answers these questions and more by providing a series of studies of different aspects of language and culture in different parts of Aboriginal Australia

This fourth edition maintains the distinctive features which have established the book as the leading work since its first publication in 1990. It includes critical, thematic, contextual and interdisciplinary perspectives so that it continues to be a textbook, handbook and reference work

This book examines the practice and procedure of the coroners court from the standpoint of a practitioner acting for the bereaved. But, further, it lends a powerful voice to the debate for a more humane and effective inquest system, where the human rights of victims and their families are properly respected.

This book is devoted to the study of criminal defences. This book is concerned with the subset of defences which largely evolved at common law, such as self defence, provocation, duress and necessity, as well as mental condition defences such as intoxication, insanity and automatism. Concerning federal law.

Contents: 1. Criminal defences: an overview -- 2. Mistake of fact -- 3. Ignorance and mistake of law -- 4. Claim of right -- 5. Consent -- 6. Necessity or emergency -- 7. Impossibility -- 8. Duress, compulsion and coercion -- 9. Superior orders -- 10. Defensive force -- 11. Provocation -- 12. Intoxication -- 13. Insanity -- 14. Automatism -- 15. Diminished responsibility -- 16. Infanticide -- 17. Infancy

An up-to-date and practical guide to advising the victims of unlawful eviction and harassment. The focus of the book remains the rights of occupiers against their landlords. But the enjoyment and security of home life may also be disrupted by others - such as stalkers, neighbours and neighbourhood gangs. The book leads the adviser through the various remedies available not only to assist victims of unlawful eviction but also to combat other forms of anti-social behaviour.;The sixth edition of "Quiet Enjoyment" has been significantly expanded: the chapter on grounds for civil proceedings has been fully reworked to take in grounds against those unconnected with landlords; the comprehensive digest dealing with quantum awards for unlawful eviction includes cases over the last nine years; the chapter on civil procedure has been revised to take account of the CPR 1998; and a new Part III covers the remedies available against other kinds of anti-social behaviour.
fully explores the issue of tort liability for psychiatric damage (nervous shock). It answers key questions such as, for what kinds of mental damage will a claim lie? Who may claim? And in what circumstances?

Traffic law affects every citizen in the land, whether he or she is a driver, a passenger, a pedestrian or an onlooker. This book sets out the principles of law governing traffic offences and accidents. Topics covered include:

• licences • suspension;
• dangerous driving; • drink-driving;
• breath and blood tests; • accident duties;
• road rules; • joy-riding;
• claims for damages arising out of collisions.

Significant changes have occurred to traffic law since the previous edition appeared a decade ago. The varying legislation in each of the six states and two territories has been amended, the Australian Road Rules have made their appearance, and there has been considerable growth in the case law. All of these developments are comprehensively covered in this latest edition.

http://www.judcom.nsw.gov.au/monograph26/mono26.pdf
Although the Children’s Court stands at the very foot of the hierarchy of criminal courts, its contribution to the administration of justice in New South Wales is of vital significance. Now, with a 100 years of history and experience behind it, the Children’s Court a specialist court provides formal recognition that, in the main, young offenders (children who commit offences when they are aged from 10 to under 18 years) should not be treated in the same way as their adult counterparts. Generally, they should be helped rather than punished, rehabilitated rather than deterred.

http://www.judcom.nsw.gov.au/monograph25/monograph25.pdf
Offenders who commit child sexual assault offences today can anticipate being dealt with more severely by the sentencing courts than in the past according to a new study released by the Judicial Commission of NSW. This large study reveals that there is often a lengthy delay between the commission of the offence, and the conviction and sentencing of offenders. For that reason, it is often difficult to sustain convictions. However, examining the sentences of those offenders who were convicted indicates that heavy sentences are imposed for the more serious categories of sexual assaultThe study analyses the sentences handed down to 467 offenders convicted of child sexual assault in the NSW District Court between 2000–2002. It also analyses conviction and sentence appeals for child sexual assault between 2000–2003.

The new edition of Mullany and Handford’s Tort Liability for Psychiatric Damage has been comprehensively revised and expanded with 15 new chapters including all new developments in tort liability law. Useful for both scholars and practitioners, this work fully explores the issue of tort liability for psychiatric damage (nervous shock). It answers key questions such as, for what kinds of mental damage will a claim lie? Who may claim? And in what circumstances? This comprehensive reference work covers the leading common law jurisdictions with a focus on Australian, Canadian and English law. The first edition has been oft-cited by courts in the UK, Canada and South Africa.

Reshaping Juvenile Justice examines reforms in New South Wales under the Young Offenders Act 1997. The Act institutionalises a fresh approach to juvenile justice – one that regulates police discretion at the gate-keeping level, emphasises diversion as a principle, introduces restorative conferencing as an intermediate intervention, and relegates the use of courts to the last resort.
The enactment of the Young Offenders Act followed years of experimentation with various models of police cautioning and diversion. The Act is unique in its focus on community, victim and family participation, in the limits it places on the exercise of police discretion, and in the provisions made for children’s access to legal advice. The reform is also exceptional in that it was implemented through an unusual mixture of cross-government and community co-operation. An independent agency, the Youth Justice Conferencing Directorate, was established to manage and administer youth justice conferences. Conference convenors are recruited from individuals who live and work in the local communities. As an innovative social experiment, policymakers and researchers will watch the impact of the Act both nationally and internationally.
Reshaping Juvenile Justice brings together the most up-to-date research evidence and analysis of the Young Offenders Act. It details the history of the Act’s development and implementation. It describes the working of the Act and evaluates its effectiveness and impact show more on young offenders, victims, and juvenile crime. In discussing the strengths and weaknesses of the Act and in identifying the critical success factors and barriers to implementation, the monograph lays the groundwork for future debates on juvenile justice in Australia. show less

This book explores the legal meaning of the radical new laws which have transformed the social security system in the last decade.
It analyses legislation and case law and lays out the legal principles and concepts, which underpin the sweeping reforms, culminating in the ‘welfare reform’ package announced in the 2005 Budget. It also explores the policy foundations of these reforms and key administrative changes, such as the creation of a privatised ‘job network’ and of Centrelink as a ‘payment agency’ .
This book also explores the tension between traditional ‘protective’ functions of social security and the contemporary focus on ‘activation’, reciprocity and ‘capacity-building’, and the extent to which social changes have altered the form of Australian welfare. It reviews the history and transformation of the welfare state, the ideas about the nature of poverty and need, and the policy choices to be made.
Detailed case studies are made of the law and policy affecting key groups such as the unemployed, people with illness or disability, and sole parents, as well as the administration and review rights of welfare recipients, and the workings of income and means tests.

Psychology and Law: An empirical perspective, edited with Kipling Williams, Professor of Psychology at Purdue University in Indiana, says that recent developments in experimental psychology have much to offer the "real world" and raises some fundamental questions about the quality of practices and procedures at all stages of the criminal justice process.While there are numerous more traditional texts that deal with clinical forensic aspects of the law and cover issues such as insanity and fitness to plead, Professor Brewer said little was available when it came to the overlap between social and cognitive psychology and the law.

Why do Aboriginal women in Australia experience such high levels of violence in their own communities? In this considered and carefully researched book, Joan Kimm discusses the extent and nature of the violence, its underlying causes, current policies that deal with it, and changes that might improve these policies

The approach taken in Laying Down the Law develops legal reasoning, research and writing skills by its clear explanation of theory combined with practical advice, examples and exercises. Through the exercises, users can reinforce their understanding by practising the many techniques used in legal decision-making, the analysis of legal problems and the essentials of legal research.