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

Book
AUD$ 128.00
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ISBN/ISSN: 9780409348651

Product 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

Featured authors

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