neilfoster / Faculty of Business and Law / The University of Newcastle, Australia

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Faculty of Business and Law

Neil Foster

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Neil Foster

Senior Lecturer
Law
+61-2-492 17430
MC158 (Callaghan)
Neil.Foster@newcastle.edu.au

Qualifications:
BA, LLB, BTh, DipATh, Admitted as a Solicitor in NSW, LLM
Member, Editorial Board, Torts Law Journal

Research Interests:

Torts, Property, Intellectual Property and Occupational Health and Safety Law

Recent Publications

“Mining, maps and mindfulness: the Gretley appeal to the Full Bench of the Industrial Court of NSW” (2008) 24/2 Journal of Occupational Health and Safety, Australia and New Zealand 113-129
“Personal civil liability of company officers for company workplace torts” (2008) 16/1 Torts Law Journal 20-68
“Deemed to be workers for common law action” (2008) 46/1 Law Society Journal 68-69
“Psychiatric workplace injury and breach of duty: New South Wales v Fahy” (2007) 15(3) Torts Law Journal 227
"Trees and Nuisance in NSW" (2007) 81 Australian Law Journal 291 - 294.
"The CAMAC Report on Personal Liability for Corporate Fault - A Critique from the OHS Perspective" (2007) 20(1)Australian Journal of Labour Law 112.
Property Law in NSW (2nd ed; Chatswood: LexisNexis Butterworths, 2007) (co-authored with Brendon Edgeworth, Janice Gray and Scott Grattan).
"Duty of Care owed in attesting Signature of Documents" (2007) 45/3 Law Society Journal 43-47 (co-authored with A. Horvath).
"Proposed Changes to the NSW OHS Act 2000", paper presented to the 6th National OHS Regulatory Research Colloquium, ANU 6-8 February 2007
"The Gretley Appeal to the Full Bench of the Industrial Court of New South Wales", feature article in (2006) 5/4 Regulation at Work Newsletter of the National Research Centre for OHS Regulation 12-18
“Vicarious liability for independent contractors revisited: Sweeney v Boylan Nominees Pty Ltd” (2006) 14 Torts Law Journal 219-223
“Another Tale of Two Divers” (2006) 14 Torts Law Journal 115-123
“Manslaughter by Managers: The Personal Liability of Company Officers for Death Flowing from Company Workplace Safety Breach (2006) 9 Flinders Journal of Law Reform 79-111
“Breach of Statutory Duty and Risk Management in Occupational Health and Safety Law: New Wine in Old Wineskins?” (2006) 14 Tort Law Review 79-104
“Comment on ‘Breach of Statute and Tort Law’ (Professor Lewis N. Klar) and ‘Misfeasance in a Public Office: In Defence of the Power/Duty Distinction’ (Erika Chamberlain)”- Paper presented at the Emerging Issues in Tort Law Conference, June 9-10 2006, University of Western Ontario
"Personal Liability of Company Officers for Corporate Occupational Health and Safety Breaches: Section 26 of the Occupational Health and Safety Act 2000 (NSW)" (2005) 18 Australian Journal of Labour Law 107-135.
"Psychiatric Injury Following Workplace Trauma or Death: Actions by Fellow-Workers and Relatives in New South Wales" (2004) 12 Tort Law Review 59-63
“The Personal Liability of Company Officers for Company Breach of Workplace Health and Safety Duties” (February, 2004)
Thesis accepted for degree of Master of Laws at the University of Newcastle
"Liability of Company Officers for Company Torts: Standard Chartered Bank v Pakistan National Shipping Corporation" (2003) 7 Newcastle Law Review 53-64
Updated entries on "Covenants Affecting Land" and "Boundaries and Encroachments" for Halsbury's Laws of Australia; published in December 2002
"New OH&S regime calls for consultation and risk management" (2001) 39 Law Society Journal 56-59
"'Vigilant Protection' of the Olympic brand- too fast, too high, too strong?" (2000) 15/10 Aust & NZ Trade Practices Law Bulletin 117-122.
“Case Note on North Sydney Council v Ligon 302 Pty Ltd (1996) 137 ALR 644” (1996) 1 Newcastle Law Review 141-151
“Case Note on Catt v Woolworths (SA) Ltd (1994) 63 SASR 145” (1995) 1 Newcastle Law Review 111-115