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Borderlines in Private Law

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This book is now Out of Print.
A new edition was published, see:
Justice in Tribunals 5th ed isbn 9781760022303

Justice in Tribunals 4th ed


ISBN13: 9781862879560
New Edition ISBN: 9781760022303
Previous Edition ISBN: 9781862877832
Published: June 2014
Publisher: The Federation Press
Country of Publication: Australia
Format: Paperback
Price: Out of print



Justice in Tribunals is a specialist work on the common law and statutory rules governing decisions of administrative tribunals, executive officers, government departments, professional societies, commercial associations, trades unions, sporting bodies, social clubs and political parties, affecting the rights of individuals.

It explains the different procedures used to challenge statutory as well as private ("domestic”) rulings. Previous editions have been cited with approval by courts in New Zealand and several Australian jurisdictions.

This new edition goes well beyond the generalities of “natural justice” to examine numerous examples of that ideal in action. They are arranged according to various stages of decision-making - notice of the charge or claim, urgent action, legal representation, standards of proof, significance of the law of evidence, procedure at the hearing, errors of law or due process, and the articulation of reasons for a decision.

A special chapter deals with the conduct of public inquiries, such as Royal Commissions, which do not formally determine rights and duties of individuals.

Subjects:
Other Jurisdictions , Australia
Contents:
The Scope of this Text
Jurisdiction Over Statutory Tribunals
Judicial Control of Domestic Tribunals in Non-Livelihood Cases
Private Tribunals and Restraint of Trade
Statutory Jurisdiction over Domestic Tribunals
Legal Error (Natural Justice Aside)
Natural Justice: General
Commencing Proceedings: A Right to be Heard?
Urgent Action and the Right to be Heard
Notice of the Hearing
Does Natural Justice Imply a Right to Counsel?
The Hearing
Are Reasons Part of a Fair Hearing?
Can There Be Fairness Without an Appeal?
The Twin Pillar: The Rule Against Bias
Remedies
Non-Determinative Inquiries
Table of Cases/ Table of Statutes/ Index