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.
This 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.
This 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.
Review of previous edition:
The third edition includes chapters from 12 new contributors. New chapters cover issues such as domestic violence, working with interpreters, social work and sexuality, homelessness and housing rights, adoption and post-adoption practice, family law and social work and Indigenous Australians. … The book refers to case law and legislation and provides case studies throughout each chapter. References to articles, statistics and law reform committee reports and other relevant government reports in particular areas are useful. Both state and territory legislation in each area is canvassed so the guide is useful nationally.
About the Authors Acknowledgements Foreword by Chief Justice Robert French Introduction Selection from the ranked list of Leading Cases: 25. Markarian v The Queen (2005) 228 CLR 357 26. March v Stramare (E & MH) Pty Ltd (1991) 171 CLR 506 27. Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 387 28. Postiglione v The Queen (1997) 189 CLR 295 29. Wyong Shire Council v Shirt (1980) 146 CLR 40 30. Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 31. BP Refinery(Westernport) Pty Ltd v Hastings Shire Council (1977) 180 CLR 266 32. Commercial Bank of Australia v Amadio (1983) 151 CLR 447 33. Hospital Products Ltd v United States Surgical Corporation (1984) 156 CLR 41 34. Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 35. Wardley Australia Ltd v Western Australia (1992) 175 CLR 514 36. Lowe v The Queen (1984) 154 CLR 606 37. Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165 38. Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 39. Mabo v Queensland (No 2) (1992) 175 CLR 1 40. Devries v Australian National Railways Commission (1993) 177 CLR 472 41. Dey v Victorian Railways Commissioners (1949) 78 CLR 62 42. Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation (1981) 147 CLR 297 43. Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 44. Warren v Coombes (1979) 142 CLR 531 45. Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 46. Walton v Gardiner (1993) 177 CLR 378 47. Mill v The Queen (1988) 166 CLR 59 48. Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 49. Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 50. Abebe v Commonwealth (1999) 197 CLR 510 Appendices