LAW UNSW : University of New South Wales, Faculty of Law - Sydney Australia


 


 
Staff Directory
Michael Chesterman

Publications


Books and Contributions to Books
Principal Articles, Notes and Conference Papers
Law Reform Papers, Reports and Submissions
Responsibility as Commissioner-in-Charge for the following publications of the Australian Law Reform Commission
Participation as a Commissioner in the following Reports of the Australian Law Reform Commission
Responsibility as Commissioner-In-Charge for the following publication of the New South Wales Law Reform Commission
Participation as a Commissioner in the following publications of the New South Wales Law Reform Commission
Teaching Video
Acknowledged Research and Editorial Contributions


Books and Contributions to Books

Conflict of Laws (Butterworths, 1969) (Cracknell's Law Students' Companion, No. 11) 135 pp + Appendix + Index

Specialist Contributor (five chapters), Gore-Browne on Companies (General Editors, A.J.Boyle and R.Sykes) (Jordan & Sons, 42nd ed. 1972; 1st Supplement 1973; 2nd Supplement 1974; 43rd ed. 1977; 1st Supplement 1978)

Specialist Editor (Conflict of Laws), Benjamin's Sale of Goods (General Editor, A.G.Guest) (Sweet and Maxwell, 1st ed., 1974; 2nd ed., 1981), Chap.8 (pp.1265-1333 in 2nd ed.)

J.Katende, M.Chesterman (principal co-editors), P.Thomas, S.Mann, Law of Business Associations in East and Central Africa: Text, Problems, Cases and Materials (East Africa Literature Bureau, 1976), 1144 pp. + Appendices + Index

Small Businesses (Sweet and Maxwell, "Modern Legal Studies" series), 1st ed., 1977; 2nd ed., 1982 - 2nd ed. has 277 pages + Index

Charities, Trusts and Social Welfare (Weidenfeld and Nicolson, "Law in Context" series, 1979) - 477 pp. + Index

"Equity in the Law", in P.N.Troy (ed.), A Just Society? (Allen and Unwin, 1981) 51-79

"Family Settlements on Trust: Landowners and the Rising Bourgeoisie", in G.R.Rubin and D.Sugarman (ed), Law, Economy and Society, 1750-1914: Essays in the History of English Law (Professional Books, 1984) 124-167 + Footnotes i-xii

G.Moffat and M.Chesterman, Trusts Law: Text and Materials (Weidenfeld and Nicolson, "Law in Context" series, 1988) - 734 pp + Index

"Legal Explorations in Different Lands", in G.P. Wilson, The Frontiers of Legal Scholarship (Wiley & Sons, London, 1995) 21-33

The Laws of Australia, Title 10.11, Criminal Offences: Administration of Law and Justice, Chapter 2, "Contempt" (Law Book Co, 1998) - 162 paras 

Freedom of Speech in Australian Law: A Delicate Plant, (Ashgate, 2000) 317 pp + Tables and Index

M.Chesterman, J.Chan, S.Hampton, Managing Prejudicial Publicity (Justice Research Centre, Sydney, 2001) - 214 pp + Appendices



Principal Articles, Notes and Conference Papers

"The Just and Equitable Winding-up of Small Private Companies" (1973) 36 Modern Law Review 129-52

"Choice of Law Aspects of Liens and Similar Claims in International Sale of Goods" (1973) 22 International & Comparative Law Quarterly 213-53

"Controlling Courtroom Publicity: Common Law Strategies" [1985] International Legal Practitioner 47-59 

"Specific Safeguards Against Media Prejudice" (1985) 57 Australian Quarterly 354-371

"Contempt by the Media: How the Courts Define It" (1986) 58 Australian Quarterly 388-397

"A Reformer's View of Jury Secrecy" in D.Challinger (ed) The Jury: Proceedings of Seminar on The Jury (Australian Institute of Criminology, 1986) 129-142

M.Chesterman and D.Weisbrot, "Legal Scholarship in Australia" (1987) 50 Modern Law Rev. 709-24

"Reform of the Law of Media Contempt", in Law Council of Australia, Winds of Change, Proceedings of the 24 Australian Legal Convention, Perth, 1987, 332-50; reprinted (1987) 61 Australian Law Journal 695-713

"Disorder in the Court: The Judge's Response" (1987) 10 University of New South Wales Law Journal 32-46

"The Law of Media Contempt: What Does It Protect", Australian Press Council Conference Papers, 30 March, 1989, Melbourne (Aust. Press Council, 1989), 112-125; reprinted in abbreviated form in Communications Law Bulletin, Vol.9, No.3, October 1989, 5-7, 10

"Alternative Regulation Models", in R.Krever and G.Kewley, Charities and Philanthropic Organisations: Reforming the Tax Subsidy and Regulatory Agencies, Australian Tax Research Foundation and Comparative Public Policy Research Unit, Monash University Conference Series, No 11, 1991, 81-89

A.Stewart and M.Chesterman, "Confidential Material: The Position of the Media", (1992) 14 Adelaide Law Review 1-34

"The Money or the Truth: Defamation Reform in Australia and the U.S.A." (1995) 18 (2) University of New South Wales Law Journal 300-326

"OJ and the Dingo: How Media Publicity for Criminal Cases Tried by Jury is Dealt With in Australia and America" (1997) 45 American Journal of Comparative Law 109-147

"Contempt: In the Common Law but not the Civil Law" (1997) 46 International and Comparative Law Quarterly 521-560

"Privileges and Freedoms for Defamatory Political Speech" (1997) 19 Adelaide Law Rev 155-215

"Media Prejudice During a Criminal Trial: Stop the Trial, Fine the Media, or Why Not Both?" (1999) 1 University of Technology Sydney Law Review 71-81

"Foundations of Charity Law in the New Welfare State" (1999) 62 Modern Law Review 333-349 – republished, with amendments, in C.Mitchell and S.R.Moody, Foundations of Charity, (Hart, 2000) 249-269

"Criminal Trial Juries in Australia: From Penal Colonies to a Federal Democracy" 62 Law and Contemporary Problems 69-102 - republished, with amendments, in N Vidmar (ed), Contemporary Jury Systems: A World Perspective (Oxfor Univ. Press, Oxford, 2000) 125-166

"When is a Communication 'Political'?" (2000) 14(2) Legislative Studies 5-23



Law Reform Papers, Reports and Submissions

Research Paper, "Accident Compensation: Proposals to Modify the Common Law", N.S.W. Law Reform Commission (1983), 214 pp. + Tables

Contempt Research Paper No.5, Public Criticism of Judges (Australian Law Reform Commission, 1984) - 193 pp

Submission to Senate Standing Committee on Legal and Constitutional Affairs, Reference on the Rights and Obligations of the Media, Official Hansard Report, 4 November 1993, Australian Government Publishing Service, 127, 129-132, 134-137, 139-140, 142-151

(with R.Graycar and G Zdenkowski) Submission to the Inquiry into the Role and Function of the Law Reform Commission of Australia, in "Submissions to the Inquiry into the Law Reform Commission", House of Representatives Standing Committee on Legal and Constitutional Affairs, Australian Government Publishing Service, 1994, Vol 2, 210-215

Submission to Attorney-General of NSW on Exposure Draft of Defamation Bill, November 1996



Responsibility as Commissioner-in-Charge for the following publications of the Australian Law Reform Commission:-

Issues Paper No. 4, Reform of Contempt Law (1984)

Report No.27, Standing in Public Interest Litigation (1985) - 209 pp + Summaries (13 pp) + Appendices (49 pp) + Index

Discussion Paper No.24, Contempt and Family Law (1985)

Discussion Paper No.26, Contempt and the Media (1986)

Discussion Paper No.27, Contempt: Disruption, Disobedience and Deliberate Interference (1986) 

Report No.35, Contempt (1987) - 452 pp. + Summaries (92 pp.) + Appendices (156 pp.) + Index.



Participation as a Commissioner in the following Reports of the Australian Law Reform Commission:-

Report No.28, A.C.T. Community Law Reform, First Report (various tort matters) (1985)

Report No.30, Domestic Violence (1986)

Report No.31, The Recognition of Aboriginal Customary Laws (1986)

Report No.32, A.C.T. Community Law Reform, Second Report (various tort matters) (1986)

Report No.36, Debt Recovery and Insolvency (1987)

Report No.39, Matrimonial Property (1987)

Report No.45, General Insolvency Inquiry (1988)

Report No.46, Grouped Proceedings in the Federal Court (1988)

Report No.47, A.C.T. Community Law Reform, Third Report: Enduring Powers of Attorney (1988)

Report No.50, A.C.T. Community Law Reform, Fourth Report: Informed Decisions About Medical Procedures (1989)

Report No.52, A.C.T. Community Law Reform, Fifth Report: Guardianship and Management of Property (1989)

Report No.57, Multiculturalism and the Law (1992)

Report No.58, Choice of Law Rules (1992)

Report No.60, Customs and Excise (1992)

Report No.61, Administrative Penalties in Customs and Excise (1992)



Responsibility as Commissioner-in-Charge for the following publication of the New South Wales Law Reform Commision:-

Discussion Paper No. 43, Contempt by Publication (2000)
Report No.100, Contempt by Publication (2003)



Participation as a Commissioner in the following publications of the New South Wales Law Reform Commission:-

Discussion Paper No. 32, Defamation (1993)

Report No. 75, Defamation (1995)



Teaching Video

Concept, script and casting for Order in the Court, teaching video (25 minutes) for secondary and tertiary legal studies, produced by the Audio-Visual Unit, University of New South Wales (1990)



Acknowledged Research and Editorial Contributions

Research contribution to A History of the New South Wales Bar (ed J M Bennett), (Law Book Co, 1969), Chapter 1 - "Early Years, 1824 to 1856" - written by Sir Victor Windeyer

Revising editor, J G Fleming, Law of Torts (LBC Information Services, 9th edn, 1998), Chapter 25, “Defamation”