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CLWR 34 (2005) 19

Not by Discovery but by Conquest: The Use of History and the Meaning of 'Justice' in Australian Native Title Cases
Michael Stuckey

This article provides a critical assessment of Australian appellate courts' handling of historical evidence, at various levels and in various jurisdictions, over recent years in litigated Aboriginal land title disputes. Consideration is given to the courts' posture towards the evidence of historians, anthropologists and ethnographers, the extent to which such specialists have been considered 'experts' or not, and the ways in which their evidence and accounts have been weighed and assessed. The article also examines the experience and contributions of the members of these professional groups who have been called to give evidence, and the challenges to their professional integrity that such appearances have sometimes involved. The paper concludes with an assessment of the extent to which the courts' interpretations of history in this important area of contemporary litigation have assisted or undercut attempts to secure legal recognition of Aboriginal land rights.

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CLWR 34 (2005) 39

Liability of Churches and Religious Organizations for Sexual Abuse of Children by Ministers of Religion
Nafees Meah and Philip Petchey

This paper considers the legal issues that arise in respect of the potential liability of churches and religious organisations for sexual abuse of children perpetrated by ministers of religion. This article analyses some of the leading recent US , Canadian and Australian appellate court decisions as well as the recent House of Lords decision in Lister v Hesley Hall. It is submitted that the way that other common law jurisdictions have approached the issue of sexual abuse of children will have an important influence on the way the English courts approach such cases in the future.

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CLWR 34 (2005) 62

Attempting Fusion: Professor Worthington's 'Equity' and its Integration with the Common Law
Joachim Dietrich

Professor Sarah Worthington's new book, Equity seeks to achieve two related objects: first, 'to expose Equity's impact on the modern legal landscape' and its 'profound influence on the Common Law of property, contract, tort and unjust enrichment'; and, secondly, 'to expose the possibilities for coherent substantive integration of the Common Law and Equity'. In short, the book attempts nothing less than to provide a simplified, rational, and principled overview of the core concepts of Equity, its doctrines and remedies, in order to pursue the fusion of Equity and the Common Law. This article proposes to consider Worthington's book by outlining its burden, and then by engaging with some of the arguments made and conclusions drawn.

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Links to other issues

Volume 30 (2001) :   1   2   3   4

Volume 31 (2002) :   1   2   3   4

Volume 32 (2003) :   1   2   3   4

Volume 33 (2004) :   1   2   3   4

Volume 34 (2005) :   1   2   3   4

Volume 35 (2006) :   1   2   3   4

Volume 36 (2007) :   1   2   3   4

Volume 37 (2008) :   1   2   3   4

Volume 38 (2009) :   1   2   3   4

Volume 39 (2010) :   1   2   3

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