Government liability : principles and remedies / Janina Boughey, Ellen Rock, Greg Weeks.

Chatswood, N.S.W. : LexisNexis Butterworths, 2019.

1st edition

89410

Government liability -- Australia.

Administrative law.

Government accountability.

Part I. Introductory chapters

1. Introduction

2. Liability of the Crown

3. Liability implications of governing across the public-private divide

Part II. Invalidity-based remedies

4. Judicial review: principles of liability

5. Judicial review: remedies

Part III. Statutory remedies

6. Merits review and remedies in tribunals

7. Remedies under human rights legislation

8. Ombudsmen

9. Investigative agencies

10. Discretionary compensation schemes

IV. Remedies undeveloped in Australia

11. Damages

12. Remedies for being misled by government

Part V. Private law remedies

13. Equitable remedies

14. Tortius remedies

15. Contracting with public authorities

16. Restitution

17. Litigation by and against government.

Given the degree of power wielded by Australian government officials and entities, it is unsurprising that government decisions and conduct frequently impact on individuals. To find the most appropriate way to resolve a particular case, practitioners must be able to work across the traditional legal 'silos', drawing on public and private law principles as well as the important, and often under-valued, roles of non-legal accountability mechanisms. This book familiarises readers with some of the complexities underpinning this area and covers public law remedies, private law remedies, and statutory remedies. Features: the first in Australia to draw together the principal means of challenging and remedying harm caused by government decisions and conduct; dedicated coverage of public law remedies (judicial review), private law remedies (tort, contract, equity and restitution), and statutory remedies (merits review, human rights legislation, ombudsmen, investigative agencies and discretionary compensation regimes). - Publisher's website.

9780409348651

lviii, 557 p. ; 24 cm