Leading Cases In Australian Law A Guide to the 200 Most Frequently Cited Judgments

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.

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 35726. March v Stramare (E & MH) Pty Ltd (1991) 171 CLR 50627. 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

Simon Rice OAMSimon is a Professor of Law at the Australian National University, where he is Director of Law Reform and Social Justice. He researches and writes in discrimination, human rights, access to justice and public interest lawyering. From 1996-2011 he was a part-time judicial member of the NSW Administrative Decisions Tribunal in the Equal Opportunity Division. He is a past President of Australian Lawyers for Human Rights, and a former Director of the NSW Law Foundation. In 2002 he was awarded a Medal in the Order of Australia for legal services to the socially and economically disadvantaged Andrew DayProfessor Andrew Day is a clinical and forensic psychologist who has worked in correctional and forensic mental health services in the UK and Australia. He is a Professor in the School of Psychology, and an Associate Director of the Centre for Mental Health and Wellbeing at Deakin University. Dr Day obtained his Doctorate in Clinical Psychology at the University of Birmingham UK in 1994 and Masters in Science in Applied Criminological Psychology at the University of London UK in 1991 that included work as a Prison Psychologist with the UK Home Office. He has published many research articles on offender rehabilitation, co-edited textbooks for pre-university Psychology curriculums, and presented conference papers at national and international research conferences. His current research interests focus mainly on the development of therapeutic and rehabilitative approaches for offenders.