My main teaching and research interest at the moment is the law of Torts. I teach
this in the undergraduate LLB program at the University of Newcastle. I am a member of
the Editorial Board of the Torts Law Journal, and was co-author of the 6th edition of a
major Australian torts textbook, Luntz & Hambly et al, as well as the 10th edition of
Fleming's Law of Torts. I have also just published a book on Workplace Health and
Safety Law in Australia. I have been teaching a course in Occupational (now Workplace)
Health and Safety Law at the University since 1996. My LLM thesis related to the
individual legal responsibility of company officers for OHS breaches committed by
companies (in civil law, general criminal law such as manslaughter, and specific OHS
laws.) I am continuing research on the interaction between tort law and OHS
responsibilities, particularly the impact of newer models of OHS regulation on the
classic workplace injury tort remedy provided by the tort of "breach of statutory
duty". I have also been involved in teaching and publication on the law of Property,
Intellectual Property, and Law and Religion issues. 

Torts

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Lost in the Woodland(s)? Convergence and Divergence in the Law of Non-delegable Duties between Australia and the United Kingdom, Obligations VII Conference (hosted by the Hong University Faculty of Law, July 15-18, 2014) (2014)

The law of non-delegable duties provides a mechanism whereby a principal who has engaged a...

 

Link

Torts Cases and Commentary Supplement: Defamation and Wrongful Interference with Goods (2014)

A clear and accessible explanation of key concepts in the uniform law of defamation and...

 

PDF

Attribution of Liability for Workplace Injuries Caused by Non-Employees- Recent Developments in the Law of Non-Delegable Duty, Torts Forum: Apportionment and Attribution of Liability (2013)

What I do in this paper is to open up in a fairly preliminary way...

 

Statutes and Civil Liability in the Commonwealth and the United States: A Comparative Critique, Tort Law: Challenging Orthodoxy (2013)

This paper analyses and compares private remedies for breach of statutory obligations in the Commonwealth...

 

PDF

Statutes and Civil Liability in the Commonwealth and the United States: A Comparative Critique, Sixth Biennial Conference on the Law of Obligations: Challenging Orthodoxy (2012)

Both the major “common law” systems of private law allow breach of a criminal statute...

 

Occupational Health and Safety Law

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Invitation to Book Launch (2012)

Invitation to the Book Launch on 22 Nov 2012

 

PDF

Update to WHS Law in Australia No 3, WHSLA updates (2012)

Updates to NSW Workers Compensation law.

 

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Workplace Health and Safety Law in Australia Update No 2, WHSLA Updates (2012)

One of the problems we face in reading the Work Health and Safety Act 2011...

 

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Directors and Due Diligence in Workplace Safety, Safety in Action Conference 2012 (2012)

The duties of directors and other company officers under s 27 of the model Work...

 

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Update on the national work health and safety harmonisation process, Employment Law Bulletin (2012)

Describes the current stage of implementation of the new model Work Health and Safety Act...

 

Property and Intellectual Property

Property Law in New South Wales (with Janice Gray, Brendon Edgeworth, and Shaunnagh Dorsett) (2012)
 

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'Vigilant Protection' of the Olympic brand - too fast, too high, too strong?, Australian & New Zealand Trade Practices Law Bulletin (2000)

Discusses some cases where "over-zealous" protection of the "Olympics" brand may have been contrary to...

 

Liability of company officers

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Directors and Due Diligence in Workplace Safety, Safety in Action Conference 2012 (2012)

The duties of directors and other company officers under s 27 of the model Work...

 

PDF

You can’t do that! Directors insuring against criminal WHS penalties, Insurance Law Journal (2012)

This article considers the question of whether it is possible for company officers, who may...

 

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Directors Insuring Against Criminal OHS Wrongdoing – the Common Law position, Conference on Insurance Issues and Corporate Crime; sponsored by the Corporate and White Collar Crime Network, Essex University (2010)

This paper considers the question of whether it is possible for company officers, who are...

 

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Towards a National OHS Law, 18th Annual Labour Conference (2010)

The biggest change in the OHS legal environment in Australia in over 25 years is...

 

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Personal Corporate Officer Liability under the Model Work Health and Safety Bill (2010)

For many years it has been acknowledged that the possibility of personal criminal liability of...

 

Religion and Law

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Discrimination, Language and Freedom of Religion: Two Important Law and Religion decisions in Australia, INTERNATIONAL CENTER FOR LAW AND RELIGION STUDIES, BRIGHAM YOUNG UNIVERSITY “VARIETIES OF SECULARISM, RELIGION AND LAW” OCTOBER 5-7, 2014 (2014)

The paper discusses two important recent cases at an appellate level in Australia raising issues...

 

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New anti-discrimination laws 'erode religious freedom' (with Katherine Towers), The Australian (2014)

A newspaper report on the recent Victorian Cobaw case with comments from me on the...

 

File

Radio interview with Kel Richards on the Cobaw decision (2014)

A radio interview with Kel Richards from 2CH about the implications of the Victorian Cobaw...

 

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Christian Youth Camp liable for declining booking from homosexual support group (2014)

Discusses the decision on appeal in Christian Youth Camps Limited & Ors v Cobaw Community...

 

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Submission on s 18C reforms (2014)

A copy of my submission to the Commonwealth Attorney-General concerning amendments to s 18C of...

 

Workers Compensation Act 1987 (NSW) s 151P

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Workplace Health and Safety Law in Australia Update No 1, WHSLA Updates (2012)

This is one of a series of updates I will be issuing to provide notes...

 

Link

Psychiatric Injury Following Workplace Trauma or Death: Actions by Fellow-Workers and Relatives in New South Wales, Tort Law Review (2004)

Peter Handford's Note ("Psychiatric Injury: Duty to Employees' Children" (2003) 11 Tort L Rev 127)...

 

Theology and Biblical Studies

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The Resurrection of Jesus in Galatians (2012)

Considers in detail the role played by the resurrection of Jesus Christ in the letter...

 

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Glorification in John's Gospel: Not only the Cross (2010)

This paper explores the meaning of Jesus' "glorification" in John's gospel and suggests that some...

 

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What happened to the Resurrection? (2009)

This paper suggests that evangelicals need to make sure that the resurrection of Jesus, as...

 

Defamation and Vilification

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Submission on Proposed amendments to Part IIA of the Racial Discrimination Act 1975 (Cth) (2014)

This is a submission to the Commonwealth Attorney-General commenting on proposed amendments to s 18C...

 

Link

Defamation and Vilification: Rights to Reputation, Free Speech and Freedom of Religion at Common Law and under Human Rights Laws, Freedom of Religion under Bills of Rights (2012)

Laws prohibiting religious vilification (or religious ‘hate speech’) are controversial and often criticised. On the...

 

Workplace Health and Safety Law

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Invitation to Book Launch (2012)

Invitation to the Book Launch on 22 Nov 2012

 

PDF

Update to WHS Law in Australia No 3, WHSLA updates (2012)

Updates to NSW Workers Compensation law.

 

PDF

Workplace Health and Safety Law in Australia Update No 2, WHSLA Updates (2012)

One of the problems we face in reading the Work Health and Safety Act 2011...

 

Workplace Health and Safety Law in Australia (2012)

Workplace Health and Safety Law in Australia provides an introduction to the law of workplace...

 

PDF

Workplace Health and Safety Law in Australia Update No 1, WHSLA Updates (2012)

This is one of a series of updates I will be issuing to provide notes...

 

Breach of Statutory Duty

Statutes and Civil Liability in the Commonwealth and the United States: A Comparative Critique, Tort Law: Challenging Orthodoxy (2013)

This paper analyses and compares private remedies for breach of statutory obligations in the Commonwealth...