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Freedom Of Religion And Discrimination- Two Important Uk Cases, Neil J. Foster Nov 2009

Freedom Of Religion And Discrimination- Two Important Uk Cases, Neil J. Foster

Neil J Foster

Two recent UK cases deal with the question of how the freedom of religion right interacts with laws prohibiting discrimination on the grounds of race or sexual orientation.


Individual Liability Of Company Officers, Neil J. Foster Sep 2009

Individual Liability Of Company Officers, Neil J. Foster

Neil J Foster

It has been recognised for some time that a key strategy in changing corporate behaviour is the possibility of personal liability being sheeted home to individual company officers. This paper argues for the desirability of laws imposing personal liability, discusses the operation of law imposing such liability in the law of occupational health and safety in the UK, and compares that law with the operation of similar law in another common law jurisdiction, the Australian State of New South Wales. It is hoped that the comparison and review of the fairly extensive case law which has developed under the NSW …


Defamation And Vilification: Rights To Reputation, Free Speech And Freedom Of Religion At Common Law And Under Human Rights Laws, Neil J. Foster Aug 2009

Defamation And Vilification: Rights To Reputation, Free Speech And Freedom Of Religion At Common Law And Under Human Rights Laws, Neil J. Foster

Neil J Foster

For many years the common law of defamation, and statutory amendments to it, have protected a person’s reputation in the community, in the sense of the right not be denigrated in the eyes of others. While this involves a restriction on another powerful common law principle of “freedom of speech” (see the discussion in the High Court of Australia decision in Australian Broadcasting Corporation v O’Neill (2006) 227 CLR 57), a complex set of checks and balances have been developed to cope with this clash. The issues as to whether a person has a right not to be “vilified” (and …


Statutory Construction And Biblical Hermeneutics- Law In The Service Of The Gospel?, Neil J. Foster Jun 2009

Statutory Construction And Biblical Hermeneutics- Law In The Service Of The Gospel?, Neil J. Foster

Neil J Foster

This paper explores the connections between the principles that judges use to interpret statutes, and the principles used by Biblical scholars to interpret the Bible.


Australian Marriage Law From A Biblical Perspective, Neil J. Foster Jan 2009

Australian Marriage Law From A Biblical Perspective, Neil J. Foster

Neil J Foster

This paper discusses aspects of the Australian law of marriage from a Biblical perspective. It concludes that the definition of marriage in the law of Australia is quite consistent with the definition adopted by the Bible, and also discusses how Christians ought to view marriage under the law of Australia.


Nsw Court Of Appeal: Is Public Liability Created Under Oh&S Legislation?, Neil J. Foster Dec 2008

Nsw Court Of Appeal: Is Public Liability Created Under Oh&S Legislation?, Neil J. Foster

Neil J Foster

Case note on a recent decision of the NSW Court of Appeal dealing with civil liability for breach of OHS legislation.