Foreword by The Hon Chief Justice Stephen Gageler AC v
Table of Cases ix
Table of Statutes xxiii
Introduction 1

PART 1
Personalities
1 Swearing-In Speech 10
2 Bench and Bar Dinner Address 13
3 Memorial Service for Sir Maurice Byers 18
4 Reflections on the Life and Times of Sir Maurice Byers 20
5 Sir Anthony Mason and Australian Administrative Law: The Permanent Legacy 24
6 Leslie Zines 34
7 Sir Victor Windeyer: An Enduring Legacy 39

PART 2
Legal Method
8 Legal Education 52
9 Strengths of the Common Law 56
10 The Common Law and Statute 61
11 Statutes 78
12 Law and the Use of History 89
13 The Selection of the Major Premise 105
14 What is in a Word? “Legitimate” interests and expectations as common law criteria 114
15 Equity: Too Successful? 126
16 Form or Substance? 143

PART 3
Constitutional Law
17 Change and Continuity 158
18 Common Law 161
19 A Fourth Branch of Government? 177
20 Anonymous Ministers of State? 185
21 Unity 187
22 The Law Applicable in Federal Jurisdiction 205
23 Equity in the Modern Administrative State 221

PART 4
Private Law
24 Remedies 238
25 The Injunction in Aid of Legal Rights: An Australian Perspective 248
26 Dead Weeds? The NRDC Case Today 268
27 Unjust Enrichment, Restitution and Proprietary Remedies 277
28 The Very Big Idea 315
29 Knowing Receipt of Shares in a Foreign Non-Common Law Company: Byers v Saudi National Bank 323
30 Whither Now Illegality and Statute: An Australian Perspective 326

Bibliography 339
Index