Articles

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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...

 

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Review of "Liability for Wrongful Interferences with Chattels" by Simon Douglas (2011), Canadian Business Law Journal (2012)

A review of a recent monograph dealing with the way the common law protects property...

 

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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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Occupational Health and Safety Prosecutions: John Holland Pty Ltd v Industrial Court of NSW, Employment Law Bulletin (2011)

This note considers the decision of the NSWCA in John Holland Pty Ltd v Industrial...

 

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The Merits of the Civil Action for Breach of Statutory Duty, Sydney Law Review (2011)

The tort action for Breach of Statutory Duty provides an intersection between the goals of...

 

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Civil Liability Arising from the Buncefield Explosion- Colour Quest Ltd v Total Downstream UK Plc, Environmental Law Review (2010)

Explores civil liability arising from the Buncefield refinery explosion.

 

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General Risks or Specific Measures? The High Court Decision in Kirk, Aust Jnl of Labour Law (2010)

The decision in Kirk v Industrial Relations Commission of New South Wales; Kirk Group Holdings...

 

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NSW Court of Appeal: Is public liability created under OH&S legislation?, Australian Civil Liability Newsletter (2009)

Case note on a recent decision of the NSW Court of Appeal dealing with civil...

 

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Deemed to be ‘workers’ for common law action, Law Society Journal (2008)

A recent decision of the NSW Court of Appeal means that some independent contractors in...

 

OpenURL

Mining, maps and mindfulness: the Gretley appeal to the Full Bench of the Industrial Court of NSW, Journal of Occupational Health and Safety, Australia and New Zealand (2008)

Reviews the decision of the NSW Industrial Court affirming the conviction of mining companies and...

 

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Personal civil liability of company officers for company workplace torts, Torts Law Journal (2008)

A suggested approach to improving workplace safety in the corporate context is to address the...

 

OpenURL

Psychiatric workplace injury and breach of duty: New South Wales v Fahy, Torts Law Journal (2007)

The High Court of Australia addresses the issue of psychiatric injury in the workplace, and...

 

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The CAMAC Report on Personal Liability for Corporate Fault - A Critique from the OHS Perspective, Australian Journal of Labour Law (2007)

The Federal Government’s Corporations and Markets Advisory Committee (CAMAC) released its Report on Personal Liability...

 

OpenURL

Trees and Nuisance in NSW, Australian Law Journal (2007)

New legislation in NSW concerning liability of neighbours for damage caused by trees abolishes the...

 

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Another Tale of Two Divers, Torts Law Journal (2006)

Case note. Two recent decisions of the High Court dealing with the liability of local...

 

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Breach of Statutory Duty and Risk Management in Occupational Health and Safety Law: New Wine in Old Wineskins?, Tort Law Review (2006)

The tort action for breach of statutory duty has been used for many years in...

 

OpenURL

Manslaughter by Managers: The Personal Liability of Company Officers for Death Flowing from Company Workplace Safety Breach, Flinders Journal of Law Reform (2006)

Considers the personal criminal liability of company officers for manslaughter when there is a fatality...

 

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Vicarious liability for independent contractors revisited: Sweeney v Boylan Nominees Pty Ltd, Torts Law Journal (2006)

The High Court of Australia has again considered the question of possible vicarious liability for...

 

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Personal Liability of Company Officers for Corporate Occupational Health and Safety Breaches: section 26 of the Occupational Health and Safety Act 2000 (NSW), Australian Journal of Labour Law (2005)

Section 26 of the Occupational Health and Safety Act 2000 (NSW) (like similar provisions in...

 

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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)...

 

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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...

 

Books

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

Workplace Health and Safety Law in Australia (2012)

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

 

Torts: Cases and Commentary (6th ed) (with Harold Luntz, David Hambly, Kylie Burns, and Joachim Dietrich) (2009)
 

Contributions to Books

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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...

 

Ch 18 "The Tort of Breach of Statutory Duty", Fleming′s The Law of Torts (10th Edition) (2011)

The chapter analyses the elements of the civil action for breach of statutory duty as...

 

Unpublished Papers

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Jesus: Dead or Alive? Evaluating the evidence for the Resurrection (2013) (2013)

This paper (a slightly updated version of one I produced a few years ago) considers...

 

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Freedom of Religion and Law Schools: Trinity Western University (2013)

Discusses the recent controversy over whether a Christian Law School in Canada should be allowed...

 

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Decision in Eweida, Ladele etc appeal (2013)

A brief overview of the recent decision of the European Court of Human Rights on...

 

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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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Freedom of religion for boarding house owners denied (2012)

Discusses the decision of the English Court of Appeal in Bull & Bull v Hall...

 

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New Workplace Safety Laws and Church Volunteers (2012)

Will church volunteers face jail under tough new OHS laws? Has this nefarious legislation stripped...

 

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Can a church dismiss a pastoral worker without taking into account discrimination legislation? (2012)

Discusses the decision of the US Supreme Court in Hosanna-Tabor Evangelical Lutheran Church and School...

 

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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...

 

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Banning churches from meeting in New York public schools (2011)

Discusses and critiques a recent US court decision upholding the banning of a church meeting...

 

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Opposing same-sex marriage is not discrimination (2011)

This paper argues that is not "discriminatory" to oppose the legalisation of same-sex marriage.

 

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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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Further UK developments on freedom of religion (2010)

Two further UK cases, Eweida and MacFarlane, reveal dismissal of Christians for exercise of freedom...

 

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Note on Kirk v Industrial Relations Commission of New South Wales [2010] HCA 1 (3 Feb 2010) (2010)

This decision of the Full Bench of the High Court has cast into some doubt...

 

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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...

 

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Freedom of Religion and Discrimination- Two important UK cases (2009)

Two recent UK cases deal with the question of how the freedom of religion right...

 

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Defamation and Vilification: Rights to Reputation, Free Speech and Freedom of Religion at Common Law and under Human Rights laws, Paper presented at the "Cultural and Religious Freedom Under a Bill of Rights Conference", Canberra, 13-15 August 2009 (2009)

For many years the common law of defamation, and statutory amendments to it, have protected...

 

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Australian Marriage Law from a Biblical perspective (2009)

This paper discusses aspects of the Australian law of marriage from a Biblical perspective. It...

 

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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...

 

Presentations

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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...

 

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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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Private Rights and Public Regulation: Breach of Statutory Duty and Workplace Safety, Conference on "Private and Public Law - Intersections in Law and Method" The T C Beirne Law School at the University of Queensland, Brisbane; July 21-22, 2011 (2011)

For many years the tort of “breach of statutory duty” (“BSD”) has operated at the...

 

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Freedom of Religion in Practice: Exemptions under AntiDiscrimination Laws on the Basis of Religion., LAW AND RELIGION: LEGAL REGULATION OF RELIGIOUS GROUPS, ORGANISATIONS AND COMMUNITIES- MELBOURNE LAW SCHOOL, UNIVERSITY OF MELBOURNE, 15- 16 JULY 2011 (2011)

Recognition of “human rights” often involves the need to balance one set of rights against...

 

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Freedom of Religion in Practice: Exemptions under Anti-Discrimination Laws on the Basis of Religion, Annual Australasian Christian Conference for the Academy and the Church 28th June-1st July 2011 (2011)

Recognition of “human rights” often involves the need to balance one set of rights against...

 

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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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The Civil Action For Breach Of Statutory Duty In The Common Law World, Juristenrunde at the Institute for European Tort Law (2010)

The tort action for Breach of Statutory Duty provides an intersection between the goals of...

 

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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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Jesus: Dead or Alive? A Lawyer’s view of the evidence for the Resurrection, Second Annual Australian Christian Conference for the Academy and the Church (2010)

This paper considers whether the evidence for the resurrection of Jesus of Nazareth would be...

 

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Individual Liability of Company Officers, Conference on European Developments in Corporate Criminal Liability (2009)

It has been recognised for some time that a key strategy in changing corporate behaviour...

 

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Statutory Construction and Biblical Hermeneutics- Law in the Service of the Gospel?, First Annual Australian Conference for the Academy and the Church, Brisbane, June 30-July 3 2009 (2009)

This paper explores the connections between the principles that judges use to interpret statutes, and...

 

Other

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Christian Staff Group Poster 2013 (2013)

Door poster for the Newcastle Christian Staff Group 2013.

 

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Invitation to Book Launch (2012)

Invitation to the Book Launch on 22 Nov 2012

 

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English translation of judgment of Cannon J in Montreal Tramways Co. v. Léveillé [1933] S.C.R. 456 (with Supreme Court of Victoria) (1972)

This is an English translation of the judgment of Cannon J in the Supreme Court...