Government Liability: Principles and Remedies
The first book in Australia to draw together the principal means of challenging and remedying harm caused by government decisions and conduct
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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.
• 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)
• 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
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 Tortious Remedies
Chapter 15 Contracting with Public Authorities
Chapter 16 Restitution
Chapter 17 Litigation By and Against Government