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 …