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Government Liability: Principles and Remedies

Government Liability: Principles and Remedies

Weeks, G; Boughey, J; Rock, E, 2019

Available Formats

Format ISBN Price
Book 9780409348651 $160.00

Forthcoming
Publication Date: September, 2019

 

The first book in Australia to draw together the principal means of challenging and remedying harm caused by government decisions and conduct

 

Format: Paperback

Description

Given the degree of power wielded by Australian government officials and entities, it is unsurprising that government decisions and conduct frequently impact on individuals. To find the most appropriate way to resolve a particular case, practitioners must be able to work across the traditional legal ‘silos’, drawing on public and private law principles as well as the important, and often under-valued, roles of non-legal accountability mechanisms. This book familiarises readers with some of the complexities underpinning this area and covers public law remedies, private law remedies, and statutory remedies.

 

Features

• the first in Australia to draw together the principal means of challenging and remedying harm caused by government decisions and conduct
• dedicated coverage of public law remedies (judicial review), private law remedies (tort, contract, equity and restitution), and statutory remedies (merits review, human rights legislation, ombudsmen, investigative agencies and discretionary compensation regimes)

 

Related Titles

Creyke, McMillan & Smyth, Control of Government Action – Text, Cases and Commentary, 5th ed, 2018
Creyke, Quick Reference Study Guide: Administrative Law, 3rd ed, 2017
Douglas & Hyland, Focus: Administrative Law, 3rd ed, 2014
Howe & Evans, Lexis Nexis Study Guide: Administrative Law, 2nd ed, 2015

Author

Dr Janina Boughey
Janina Boughey is a Senior Lecturer at UNSW Law in the University of New South Wales and a member of the Gilbert + Tobin Centre of Public Law. She teaches and researches in Australian, Canadian and UK administrative law. Janina’s research focusses on the interaction between human rights and judicial review of administrative action, comparative administrative law, statutory interpretation and the nature and limits of the powers of the judiciary and legislature to hold the executive to account.

 

Dr Ellen Rock
Ellen Rock is a Lecturer in the Faculty of Law at the University of Technology Sydney. Her research interests include government accountability and liability, with a particular focus on the legal and non-legal mechanisms that can be used to hold Australian government officials and entities to account.

 

Dr Greg Weeks
Greg Weeks is an Associate Professor and Deputy Head of School in the ANU College of Law at the Australian National University. He teaches the compulsory Administrative Law and Torts subjects in addition to the Advanced Administrative Law elective. Greg’s research interests are primarily related to judicial review, state liability and remedies against public authorities. He has published widely in these fields.

Table of Contents

Chapter 1 Introduction
Chapter 2 Liability of the Crown
Chapter 3 Liability Implications of Governing Across the Public-Private Divide
Chapter 4 Judicial Review: Principles of Liability
Chapter 5 Judicial Review Remedies
Chapter 6 Merits Review and Remedies in Tribunals
Chapter 7 Remedies Under Human Rights Legislation
Chapter 8 Ombudsmen
Chapter 9 Investigative agencies
Chapter 10 Discretionary Compensation Schemes
Chapter 11 Damages
Chapter 12 Remedies for Being Misled by Government
Chapter 13 Equitable Remedies
Chapter 14 Tortius Remedies
Chapter 15 Contracting with Public Authorities
Chapter 16 Restitution
Chapter 17 Litigation By and Against Government

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