Law Commons^™

How Should Religious Marriage Celebrants Respond If Same Sex Marriage Is Introduced In Australia?, Neil J. Foster

Neil J Foster

This paper discusses some of the implications for religious freedom, and the consequences for churches and other religious bodies, should same sex marriage be introduced into Australia.

Freedom Of Religion And Balancing Clauses In Discrimination Legislation, Neil J. Foster

Neil J Foster

This paper considers how discrimination laws interact with religious freedom through balancing clauses.

Religious Freedom In Australia, Neil J. Foster

Neil J Foster

Vicarious Liability And Non-Delegable Duty In Common Law Actions Based On Institutional Child Abuse, Neil J. Foster

Neil J Foster

The paper discusses the options for holding institutions civilly liable for child sexual abuse. In particular it suggests that the law of non-delegable duty ought to be extended to intentional torts like battery.

Unscrambling The Curate’S Egg- The High Court’S Act Same Sex Marriage Decision, Neil J. Foster

Neil J Foster

Discusses and critiques the decision of the High Court of Australia in the ACT Same Sex Marriage case [2013] HCA 55.

The Neglected Tort — Breach Of Statutory Duty And Workplace Injuries Under The Model Work Health And Safety Law, Neil J. Foster, Ann E. Apps

Neil J Foster

The tort of ‘breach of statutory duty’ (BSD) operates at the intersection of private and public law by providing a civil remedy for those whose injuries were sustained as a consequence of a statutory breach. One of the areas where the tort has clear relevance is the area of work health and safety, with the courts almost invariably holding that the breach of a statute primarily designed to protect workers from injury will provide them with a civil remedy as well as having criminal law consequences. The tort continues to be recognised in this area at the highest judicial level …

High Court Of Australia Declines Leave To Appeal Cyc V Cobaw, Neil J. Foster

Neil J Foster

Discusses the recent decision of the High Court to refuse special leave to appeal in CYC v Cobaw, and implications of the decision for religious freedom in Australia.

Law And Religion In The Victorian Court Of Appeal, Neil J. Foster

Neil J Foster

Briefly notes the decision in Cobaw v CYC (2014) and suggests reason why the High Court should grant special leave to appeal.

Some Thoughts On Law, Religious Freedom And The “Commercial Sphere”, Neil J. Foster

Neil J Foster

Discusses the question of religious freedom in the commercial sphere.

Discrimination, Language And Freedom Of Religion: Two Important Law And Religion Decisions In Australia, Neil J. Foster

Neil J Foster

The paper discusses two important recent cases at an appellate level in Australia raising issues to do with the intersection of law and religious commitment. One deals with discrimination on the ground of sexual orientation and whether religious groups should enjoy religious freedom to decline to support a non-Biblical view of sexual morality. The other deals with whether the members of a church can assert religious freedom rights against the leaders of the church.

New Anti-Discrimination Laws 'Erode Religious Freedom', Neil J. Foster, Katherine Towers

Neil J Foster

A newspaper report on the recent Victorian Cobaw case with comments from me on the issues.

Christian Youth Camp Liable For Declining Booking From Homosexual Support Group, Neil J. Foster

Neil J Foster

Discusses the decision on appeal in Christian Youth Camps Limited & Ors v Cobaw Community Health Service Limited & Ors [2014] VSCA 75 (16 April 2014) and its implication for Christian organisations.

Submission On S 18c Reforms, Neil J. Foster

Neil J Foster

A copy of my submission to the Commonwealth Attorney-General concerning amendments to s 18C of the Racial Discrimination Act 1975 on racial vilification

Submission On Proposed Amendments To Part Iia Of The Racial Discrimination Act 1975 (Cth), Neil J. Foster

Neil J Foster

This is a submission to the Commonwealth Attorney-General commenting on proposed amendments to s 18C of the Racial Discrimination Act 1975.

Arizona's New Religious Freedom Law: License To Discriminate Against Gays?, Neil J. Foster

Neil J Foster

Discusses Arizona's controversial new Bill which has been labelled a "license to discriminate". The paper concludes that while the aim of crafting a religious freedom exemption for those who do not want to support or celebrate same sex unions is a laudable one, on balance the Arizona law seems to be too broad and should not be supported.

Recent Uk Case Connected With Sexual Orientation “Hate Speech”, Neil J. Foster

Neil J Foster

Discusses the decision in R (On the Application Of Core Issues Trust) v Transport for London [2014] EWCA Civ 34 (27 January 2014) dealing with signs on London buses alleged to be "homophobic".

Legal Pressure Points For Christians In 21st Century Australia, Neil J. Foster

Neil J Foster

This paper discusses the pressures facing Christians who adhere to Biblical ethical values when those principles clash with current discrimination and vilification laws.

Attribution Of Liability For Workplace Injuries Caused By Non-Employees- Recent Developments In The Law Of Non-Delegable Duty, Neil J. Foster

Neil J Foster

What I do in this paper is to open up in a fairly preliminary way an area of the law relating to attribution of liability that, while it has been around for a long time, I think is increasingly being misunderstood by scholars and the courts. I will mostly focus on the application of this principle in relation to workplace injuries, partly because that constitutes a significant area of its past and present application.

Religious Anti-Vilification Laws: Gatekeeping Freedom Of Religion And Freedom Of Speech In Australia, Neil J. Foster

Neil J Foster

Freedom of religion and freedom of speech, two fundamental human rights, intersect and may clash when the law prohibits “vilification” of others on the basis of their religion, especially if the word is defined broadly enough to include mere offence or annoyance. The paper addresses the current state of religious “anti-vilification” laws in Australia, and recent important appellate decisions on freedom of speech, to discuss whether current laws adequately provide an appropriate balance in this important area of public life.

Jesus: Dead Or Alive? Evaluating The Evidence For The Resurrection (2013), Neil J. Foster

Neil J Foster

This paper (a slightly updated version of one I produced a few years ago) considers how the rules that courts use to evaluate evidence, can be used to evaluate the truth of the claim that Jesus of Nazareth rose from the dead.

Freedom Of Religion And Law Schools: Trinity Western University, Neil J. Foster

Neil J Foster

Discusses the recent controversy over whether a Christian Law School in Canada should be allowed to require students and faculty to agree to adhere to Biblical morality in their behaviour; and whether this should preclude graduates from being admitted as lawyers.

Decision In Eweida, Ladele Etc Appeal, Neil J. Foster

Neil J Foster

A brief overview of the recent decision of the European Court of Human Rights on freedom of religion in the UK.

Christian Staff Group Poster 2013, Neil J. Foster

Neil J Foster

Door poster for the Newcastle Christian Staff Group 2013.

Invitation To Book Launch, Neil J. Foster

Neil J Foster

Invitation to the Book Launch on 22 Nov 2012

Update To Whs Law In Australia No 3, Neil J. Foster

Neil J Foster

Updates to NSW Workers Compensation law.

Statutes And Civil Liability In The Commonwealth And The United States: A Comparative Critique, Neil J. Foster

Neil J Foster

Both the major “common law” systems of private law allow breach of a criminal statute to inform or create civil liability. This paper discusses the differences and similarities between the Commonwealth jurisdictions and the United States of America in this somewhat under-theorised area. The aim is not to resolve all the problems presented by the jurisprudence and commentary on these various forms of action, but to provide a starting point for comparison between the approaches that the two systems have adopted on this issue of implied statutory civil liability. It is hoped that a proper understanding of the development of …

Directors And Due Diligence In Workplace Safety, Neil J. Foster

Neil J Foster

The duties of directors and other company officers under s 27 of the model Work Health and Safety Act are explored, along with related duties. Issues considered are: what level of company officer will be caught by the legislation? How will volunteer officers, and officers of nonprofit organisations, be dealt with? What are the courts likely to consider as “due diligence”? This question is considered both in terms of the Act and published guidance, but also against the background of previous court decisions on the concept in the workplace safety area and elsewhere.

Update On The National Work Health And Safety Harmonisation Process, Neil J. Foster

Neil J Foster

Describes the current stage of implementation of the new model Work Health and Safety Act 2011 around Australia.

Freedom Of Religion For Boarding House Owners Denied, Neil J. Foster

Neil J Foster

Discusses the decision of the English Court of Appeal in Bull & Bull v Hall & Preddy [2012] EWCA Civ 83 (10 Feb 2012) that owners of a boarding house cannot refuse double bed accommodation to a same-sex couple, though they have refused such accommodation to heterosexual couples for many years.

New Workplace Safety Laws And Church Volunteers, Neil J. Foster

Neil J Foster

Will church volunteers face jail under tough new OHS laws? Has this nefarious legislation stripped ordained ministers of their centuries-old status as “servants of God”? Yes to both, if you believe Imre Salusinszky’s article in The Australian (Jan 18, 2012). In fact neither proposition is true.