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

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

Author: Daniel Reynolds; Lyndon Goddard
Publisher: The Federation Press
ISBN: 9781760020606
Published In: August 2016
Format: Paperback
Jurisdiction: Australia ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

Foreword by Chief Justice Robert French AC

The 200 Most Frequently Cited Cases

About the Authors

Acknowledgments

Introduction

Table of Cases

Table of Statutes

200.

Leading Cases in Australian Law

Selection from the ranked list of Leading Cases:

25. Markarian v The Queen (2005) 228 CLR 357

26. March v Stramare (E & MH) Pty Ltd (1991) 171 CLR 506

27. 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

Appendix 1: Alphabetical List of Cases and Propositions

Appendix 2: List of Cases by Subject Area

Appendix 3: List of Most Cited English Cases

Appendix 4: List of Most Cited Judges

Appendix 5: List of ‘Fast Riser’ Cases

Index

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