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CONNECTING WITH LAW
CONNECTING WITH LAW
FOURTH EDITION
MICHELLE SANSON
THALIA ANTHONY
Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trademark of Oxford University Press in the UK and in certain other countries.
Published in Australia by Oxford University Press Level 8, 737 Bourke Street, Docklands, Victoria 3008, Australia.
The moral rights of the authors have been asserted.
First edition published 2009
Second edition published 2010
Third edition published 2014
Fourth edition published 2019
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by licence, or under terms agreed with the reprographics rights organisation. Enquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above.
You must not circulate this work in any other form and you must impose this same condition on any acquirer.
ISBN 9780190310844
Reproduction and communication for educational purposes
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Proofread by Naomi Saligari
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Links to third party websites are provided by Oxford in good faith and for information only. Oxford disclaims any responsibility for the materials contained in any third party website referenced in this work.
The statements of fact, data and opinions expressed in this book are those of the author or, in the case of the Practitioner Profiles, the practitioner identified and do not necessarily reflect the views of Oxford University Press or its editors. Accordingly, the editors, Oxford University Press and its respective employees, officers and agents accept no responsibility or liability whatsoever for such statements of fact, data and opinions.
LIST OF FIGURES
Figure 1.1: Inductive and deductive reasoning
Figure 1.2: Relationship between the TLOs, Priestley 11 and graduate attributes
Figure 1.3: Interrelationship between the TLOs, Priestley 11 and graduate attributes 18
Figure 1.4: Tree diagram: Get a law-related job or volunteer position for the summer
Figure 3.1: The three arms of government
Figure 3.2: The federal court hierarchy
Figure 3.3: The state court hierarchy
Figure 4.1: Substantive and procedural law
Figure 5.1: The Laws of Australia user interface
Figure 5.2: The search refined using quote marks
Figure 5.3: Exploring the results
Figure 5.4: A useful lead
Figure 5.5: The AustLII user interface
Figure
Figure
Figure
Figure
Figure
Figure 5.15: AustLII High Court case search options by year and starting letter
Figure
Figure
Figure
Figure
Figure 5.21: CaseBase legislation judicially considered
Figure 5.22: AustLII Noteup function for legislation
Figure 5.23: LawCite home page on AustLII
Figure 5.24: LawCite results
Figure
Figure
Figure 5.27: The CaseBase case citator results screen 220
Figure 5.28: Browse and advanced search screen for IntelliConnect 221
Figure 5.29: Example entry from Australian Law Dictionary 225
Figure 5.30: The Informit search screen 225
Figure 5.31: The Australian Legal Journals Index search screen 226
Figure 5.32: Australasian Legal Scholarship Library on AustLII 226
Figure 5.33: HeinOnline example 227
Figure 5.34: Subject headings in Halsbury’s online at Lexis Advance® 228
Figure 5.35: Laws of Australia at Westlaw AU 229
Figure 5.36: Checking currency of Laws of Australia information 229
Figure 5.37: ALRC report download options 230
Figure 5.38: Australian Treaties Database treaty example 233
Figure 7.1: Jeremy Bentham 315
Figure 7.2: Karl Marx 325
Figure 7.3: Emile Durkheim 327
Figure 7.4: Relationships between schools of thought within critical legal theory 332
Figure 7.5: Michel Foucault 339
Figure 9.1: Colonial Frontier Massacres in eastern Australia 1788–1872 382
Figure 11.1: Depiction of case and statute development 469
Figure 11.2: An approach to statutory interpretation problems 499
Figure 12.1: Legal Profession Uniform Law Framework 520
Figure 14.1: Sources of fee income: other legal services 609
Figure 14.2: Sources of fee income: barristers 609
Figure 14.3: Some career options after a law degree 611
Figure 14.4: Engaged in first-year law 633
TABLE OF CASES
The titles of case extracts appear in bold
A (Children), Re [2001] 2 WLR 480
Aboriginal Lands Act 1995, Re, and Marianne Watson, Re (No 2) [2001] TASSC 105 354
Adani Mining Pty Ltd and Another v Adrian Burragubba, Parick Malone and Irene White on behalf of the Wangan and Jagalingou People [2015] NNTTA 16
Adler v George [1964] 2 QB 7
Al-Kateb v Godwin (2004) 219 CLR 562
Amalgamated Society of Engineers v Adelaide Steamship Co Ltd (1920) 28 CLR 129
215, 481 Andrews v Henderson [2004] QCA 145
Assistant Commissioner Michael James Condon v Pompano Pty Ltd [2013] HCA 7
Astley v Austrust Ltd (1999) 197 CLR 1
Attorney-General (Cth) v The Queen (1957) 95 CLR 529
Attorney-General v Brown (1847) 1 Legge 312
Attwells v Jackson Lalic Lawyer Pty Ltd [2016] HCA 16
Australian Alliance Assurance Co Ltd v Attorney-General of Queensland [1916] StR Qd 135
Australian Broadcasting Corp (ABC) v Obeid (2006) 66 NSWLR 605
(1992)
Australian Communications and Media Authority v Today FM (Sydney) Pty Ltd (2015) 317 ALR 279
Australian Conservation Foundation Inc v Commonwealth (1980)
v Piscioneri (No 4) [2016] ACTCA 32
[2017] HCA 43
v The Queen [2013] HCA 37
Bulga Milbrodale Progress Association Inc v Minister for Planning and Infrastructure and Warkworth Mining Ltd [2013] NSWLEC 48
(1998) 71 SASR 12
Canavan, Re; Ludlum, Re; Waters, Re; Roberts (No 2), Re; Joyce, Re; Nash, Re; Xenophon, Re [2017] HCA 45 135
Carr v Western Australia (2007) 239 ALR 415 472
Cattanach v Melchior (2003) 215 CLR 1 220
Chamberlain v The Queen (1983) 72 FLR 1 438
Chandra v Perpetual Trustees Victoria Ltd [2007] NSWSC 694 535
Cheatle v The Queen (1993) 177 CLR 541 185
Coco v The Queen (1994) 179 CLR 427 480
Coe v Commonwealth (1979) 24 ALR 118 379
Coe v Commonwealth (1993) 118 ALR 193 379, 406
Cole v Director-General of Department of Youth and Community Services (1987) 7 NSWLR 541 484
Collins v Wilcock [1984] 1 WLR 1172 274
Commercial Bank of Australia v Amadio (1983) 151 CLR 447
81, 422, 423, 424, 425
Commissioner of Police v Eaton [2013] HCA 2 440
Commonwealth Minister for Justice v Adamas [2013] HCA 59 106
Commonwealth v Australian Capital Territory [2013] HCA 55 59, 446
Commonwealth v Tasmania (1983) 158 CLR 1 125, 214, 215
Commonwealth v Yarmirr (2001) 208 CLR 1 398
Conservation Council of SA Inc v Chapman (2003) 87 SASR 62 213
Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation (1981) 147 CLR 297 81, 488
Cooper v Stuart (1889) 14 App Cas 286 359
Cooper v Universal Music Australia (2007) 71 IPR 1 421
Council of the Law Society of New South Wales v Paul [2012] NSWADT 280 553
Council of the New South Wales Bar Association v Hart [2009] NSWADT 252 553
Council of the New South Wales Bar Association v Hart [2011] NSWCA 64 553
Cowell (Estate of McCabe decd) v British American Tobacco Australia Services Ltd [2007] VSCA 301 537
Agricultural and Veterinary Chemicals Code Act 1994 478
Appropriation Act (No 1) 2017–2018
S10(1)(b) 124
Australia Acts 1986 120, 376
Australian Capital Territory (Self-Government) Act 1988 163
s 28 60
Australian Citizenship (Transitionals and Consequentials) Act 2007 75, 76
Australian Constitution
s 41 121
s 51 125, 127, 163–164
s 51(ii) 122
s 51(iii) 122
s 51(x) 128
s 51(xxi) 60
s 51(xxvi) 164, 386, 388
s 51(xxxi) 121, 488, 489
s 52 125
s 57 126
s 62 121
s 64 121
s 71 135
s 72 555
s 80 121, 184, 185
s 81 125
s 90 125
s 92 125
s 109 122
s 114 125
s 116 121
s 117 121
s 122 122, 388, 489
s 127 386
s 128 123
Australian Law Reform Commission Act 1996 97
Australian Security Intelligence Organisation Act 1979 165
Biological Control Act 1984 62
Border Protection (Validation and Enforcement Powers) Act 2001
s 4 486
s 5 487
s 6 487
Broadcasting Services Act 1992 79, 479
s 3 479
s 10(1) 79
s 11 79
s 16 79
s 19 79
s 160 479
Census and Statistics Act 1905 123, 124
Civil Aviation Act 1988 275
s 3 275
s 20A 275
Civil Aviation Safety Regulations 1988
reg 101.025 276
reg 101.245 276
Civil Dispute Resolution Act 2011 151
Child Support (Assessment) Act 1989
s 107 278
s 143 278
Classification (Publications, Films and Computer Games) Act 1995 127
Constitution Alteration (Retirement of Judges) Act 1977 555
Copyright Act 1968 79
Corporations Act 2001 46, 177, 178
Crimes Act 1914 168
s 4AA 277, 477
s 16AA 411
Crimes Legislation Amendment (Torture Prohibition and Death Penalty Abolition) Act 2010 168
Criminal Code Act 1995 168
Ch 2 433 Div 104 449
s 10.2(2) 454
sched 6.1 276
sched 9.2 276
Damage by Aircraft Act 1999
s 4 274
s 9 274
s10 275
s11A 275
Defence Act 1903–1912 266
Defence Act 1914
s 135A 266
Defence Force Discipline Act 1982
s 33 432
s 33(b) 433, 434
s 60(1) 431
Defence Force Discipline Appeals Act
1955 432
Designs Act 2003 73
s 149(1) 73
Designs Regulations 2004 73
Environment Protection and Biodiversity
Conservation Act 1999 402
Evidence Act 1995
s 59 (1) 46
s 118 537
s 119 537
Extradition Act 1988
s 3 106
s 11 106
Extradition (Republic of Indonesia)
Regulations 1994
ss 3–5 106
Fair Work Act 2009 139
Families, Community Services and Indigenous Affairs and Other Legislation Amendment (Northern Territory National Emergency Response and Other Measures) Act 2007 489
Family Law Act 1975 136
Pt I 104
Pt XIIIAA 104
s 111B(1) 104
Family Law (Child Abduction Convention)
Regulations 1986 104
Federal Court of Australia Act 1976 134, 136, 557
s 53A 149, 179
Federal Court Rules 2011 151
Federal Magistrates Act 1999 136
Freedom of Information Act 1982 164
Genocide Convention Act 1949
s 3 103
International Arbitration Act 1974 109
s 16 109
Judiciary Act 1903
s 23 439
s 69(3) 584
Jurisdiction of Courts (Cross-vesting) Act
1987 139
Jury Exemption Act 1965 184
Legal Profession National Law 520, 531, 541, 617
Legislative Instruments Act 2003
s 12 72
s 42 74
s 73(2) 75
Low Aromatic Fuel Act 2013
s 8 267
Marriage Act 1961 60, 61, 236
s 16 236
Medical Research Future Fund Act
2015 64, 67
s 1 65–67
s 2 65, 66
s 3 63, 66, 68
s 4 66
s 5 67, 68
s 21(2) 74
s 63 67, 74
Migration Act 1958 102
Migration Act 1988 420
Native Title Act 1993 75, 395, 398, 401, 402, 405
s 39 404
Native Title Amendment Act 1998 396, 397
Native Title Amendment Act (Indigenous Land Use Agreements) 2017 75
