Profile Image

Staff Profile

Edit

Career Summary

Biography

My main research interests at the moment are Torts (civil liability for wrongs) and Occupational (Workplace) Health and Safety Law, though I have also taught and/or published in the past in the areas of Property, Intellectual Property, and Theology. I am developing a research interest in Law and Religion issues.

Qualifications

  • Master of Laws, University of Newcastle, 05/03/2004
  • Bachelor of Arts / Bachelor of Laws, University of New South Wales
  • Bachelor of Theology, Australian College of Theology
  • Diploma of Arts in Theology, Moore Theological College, Sydney

Research

Research keywords

  • Workplace Health and Safety Law
  • law and religion
  • occupational health and safety law
  • torts

Research expertise

  • Torts (civil liability for wrongs)
  • Occupational (Workplace) Health and Safety Law
  • Personal Liability of Company Officers for OHS breaches
  • Law and Religion

Fields of Research

CodeDescriptionPercentage
180126Tort Law65
111705Environmental And Occupational Health And Safety25
189900Other Law And Legal Studies10

Memberships

Committee/Associations (relevant to research).

  • Member - National OHS Regulatory Research Consortium

Editorial Board.

  • Member - Editorial Board of the Torts Law Journal

Teaching

Teaching keywords

  • Intellectual Property
  • Workplace Health and Safety Law
  • occupational health and safety law
  • torts

Teaching expertise

A recent interview on Law and Religion issues:

https://www.youtube.com/watch?v=NLSl0W7LHDE

Edit

Highlighted Publications

For publications that are currently unpublished or in-press, details are shown in italics.

YearCitationAltmetricsLink
2011Foster NJ, 'The merits of the civil action for breach of statutory duty', The Sydney Law Review, 33 67-93 (2011) [C1]
2010Foster NJ, 'General risks or specific measures? The High Court decision in Kirk', Australian Journal of Labour Law, 23 230-239 (2010) [C1]
2008Foster NJ, 'Personal civil liability of company officers for company workplace torts', Torts Law Journal, 16 20-68 (2008) [C1]
2005Foster NJ, 'Personal Liability of Company Officers for Corporate Occupational Health and Safety Breaches: Section 26 of the Occupational Health and Safety Act 2000 (NSW)', Australian Journal of Labour Law, 18 107-135 (2005) [C1]
2006Foster NJ, 'Breach of statutory duty and risk management in occupational health and safety law: New wine in old wineskins?', The Tort Law Review, 14 79-104 (2006) [C1]
2006Foster NJ, 'Manslaughter by Managers: The Personal Liability of Company Officers for Death Flowing from Company Workplace Safety Breach', The Flinders Journal of Law Reform, 9 79-111 (2006) [C1]
2008Foster NJ, 'Mining, maps and mindfulness: The Gretley appeal to the Full Bench of the Industrial Court of NSW', Journal of Occupational Health and Safety, Australia and New Zealand, 24 113-129 (2008) [C1]
2012Foster NJ, Workplace Health and Safety Law in Australia, LexisNexis Butterworths, Chatswood, NSW, 646 (2012) [A1]

Publications

For publications that are currently unpublished or in-press, details are shown in italics.

Click on a category title below to expand the list of citations for that specific category.

Book (5 outputs)

YearCitationAltmetricsLink
2014Foster NJ, Pressure Points, Matthias Media, Sydney, 83 (2014)
2012Foster NJ, Workplace Health and Safety Law in Australia, LexisNexis Butterworths, Chatswood, NSW, 646 (2012) [A1]
2012Gray J, Edgeworth B, Foster NJ, Dorsett S, Property Law in New South Wales, LexisNexis Butterworths, Chatswood, NSW, 736 (2012) [A4]
2009Luntz H, Hambly D, Burns K, Dietrich J, Foster NJ, Torts: Cases and Commentary, LexisNexis Butterworths, Chatswood, NSW, 898 (2009) [A2]
2007Gray J, Edgeworth B, Foster NJ, Grattan S, Property Law in New South Wales, LexisNexis Butterworths, Chatswood, NSW, 668 (2007) [A3]
Show 2 more

Chapter (6 outputs)

YearCitationAltmetricsLink
2013Foster NJ, 'Statutes and Civil Liability in the Commonwealth and the United States: A Comparative Critique', Tort Law: Challenging Orthodoxy, Hart Publishing, Oxford 169-214 (2013) [B1]
2012Foster NJ, 'Defamation and vilification: Rights to reputation, free speech and freedom of religion at common law and under human rights laws', Freedom of Religion under Bills of Rights, University of Adelaide Press, Adelaide, SA 63-85 (2012) [B1]
2011Foster NJ, 'Individual liability of company officers', European Developments in Corporate Criminal Liability, Routledge, Abingdon 114-138 (2011) [B1]
2011Foster NJ, 'The tort of breach of statutory duty', Fleming's The Law of Torts, Thomson Reuters (Professional) Australia, Pyrmont, NSW 423-436 (2011) [B2]
2002Foster NJ, 'BOUNDARIES, FENCES AND ENCROACHMENTS', Halsbury's Laws of Australia, LEXISNEXIS BUTTERWORTHS, SYDNEY 37 (2002) [B2]
2002Foster NJ, 'COVENANTS AFFECTING LAND', Halsbury's Laws of Australia, LEXISNEXIS BUTTERWORTHS, SYDNEY 35 (2002) [B2]
Show 3 more

Journal article (24 outputs)

YearCitationAltmetricsLink
2012Foster NJ, 'You can't do that! Directors insuring against criminal WHS penalties', Insurance Law Journal, 23 109-125 (2012) [C1]
2012Foster NJ, 'Liability for wrongful interferences with chattels [Book Review]', Canadian Business Law Journal, 53 290-296 (2012) [C2]
2012Foster NJ, 'Update on the national work health and safety harmonisation process', Employment Law Bulletin, 17 138-141 (2012) [C3]
2011Foster NJ, 'The merits of the civil action for breach of statutory duty', The Sydney Law Review, 33 67-93 (2011) [C1]
2010Foster NJ, 'Case note: Civil liability arising from the Bunsfield explosion', Environmental Law Review, 12 57-70 (2010) [C1]
2010Foster NJ, 'General risks or specific measures? The High Court decision in Kirk', Australian Journal of Labour Law, 23 230-239 (2010) [C1]
2009Foster NJ, 'NSW Court of Appeal: Is public liability created under OH&S legislation', Australian Civil Liability, 6 186-189 (2009) [C2]
2009Foster NJ, 'Digital copyright and the consumer revolution: Hands off my iPod', Media and Arts Law Review, 14 112 (2009) [C3]
2008Foster NJ, 'Lawyers predicting the future: Disclosure in insurance contracts - CGU Insurance Ltd v Porthouse', Journal of Professional Negligence, 24 247-249 (2008) [C1]
2008Foster NJ, 'Mining, maps and mindfulness: The Gretley appeal to the Full Bench of the Industrial Court of NSW', Journal of Occupational Health and Safety, Australia and New Zealand, 24 113-129 (2008) [C1]
2008Foster NJ, 'Personal civil liability of company officers for company workplace torts', Torts Law Journal, 16 20-68 (2008) [C1]
2008Foster NJ, 'Deemed to be 'workers' for common law actions', Law Society Journal, 46 68-69 (2008) [C3]
2007Foster NJ, 'Trees and nuisance in NSW', Australian Law Journal, 81 291-295 (2007) [C1]
2007Foster NJ, 'The CAMAC Report on Personal Liability for Corporate Fault - A Critique from the OHS Perspective', Australian Journal of Labour Law, 20 112-118 (2007) [C1]
2007Foster NJ, 'Psychiatric workplace injury and breach of duty: New South Wales v Fahy', Torts Law Journal, 15 227-232 (2007) [C1]
2007Foster NJ, Horvath A, 'Duty of Care owed in attesting Signature of Documents', Law Society Journal, 45 43-47 (2007) [C2]
2006Foster NJ, 'Vicarious Liability for Independent Contractors Revisited: Sweeny v Boylan Nominees Pty Ltd', Torts Law Journal, 14 219-223 (2006) [C1]
2006Foster NJ, 'Case Notes - Another tale of two divers', Torts Law Journal, 14 115-123 (2006) [C1]
2006Foster NJ, 'Manslaughter by Managers: The Personal Liability of Company Officers for Death Flowing from Company Workplace Safety Breach', The Flinders Journal of Law Reform, 9 79-111 (2006) [C1]
2006Foster NJ, 'Breach of statutory duty and risk management in occupational health and safety law: New wine in old wineskins?', The Tort Law Review, 14 79-104 (2006) [C1]
2006Foster N, 'The Gretley Appeal to the Full Bench of the Industrial Court of New South Wales', 6) 5/4 Regulation at Work, 12-18 (2006) [C3]
2005Foster NJ, 'Personal Liability of Company Officers for Corporate Occupational Health and Safety Breaches: Section 26 of the Occupational Health and Safety Act 2000 (NSW)', Australian Journal of Labour Law, 18 107-135 (2005) [C1]
2004Foster NJ, 'Psychiatric Injury Following Workplace Trauma or Death: Actions by Fellow-Workers and Relatives in New South Wales', Tort Law Review, 12 59-63 (2004) [C3]
2000Foster NJ, ''Vigilant Protection' of the Olympic brand - too fast, too high, too strong?', Australian & New Zealand Trade Practices Law Bulletin, Vol 15 No. 10 117-122 (2000) [C3]
Show 21 more

Conference (16 outputs)

YearCitationAltmetricsLink
2013Foster NJ, 'Religious Anti-Vilification Laws: Gatekeeping Freedom of Religion and Freedom of Speech in Australia', N/A, Australian National University College of Law, Canberra (2013) [E3]
2012Foster NJ, 'Statutes and civil liability in the Commonwealth and the United States: A comparative critique', Sixth Biennial Conference on the Law of Obligations: Challenging Orthodoxy, Ontario, Canada (2012) [E2]
2011Foster NJ, 'Private rights and public regulation: The action for breach of statutory duty and workplace safety in modern Australia', Private and Public Law: Intersections in Law and Method Abstracts, Brisbane (2011) [E3]
2011Foster NJ, 'Freedom of religion in practice: Exemptions under anti-discrimination laws on the basis of religion', 3rd Annual Australiasian Conference for the Academy and the Church, Brisbane (2011) [E3]
2010Foster NJ, 'Towards a National OHS Law', 18th Annual Labour Law Conference, Sydney, NSW (2010) [E2]
2010Foster NJ, 'Personal corporate officer liability under the model Work Health and Safety Bill', Eighth National OHS Regulatory Research Colloquium, Canberra, ACT (2010) [E2]
2010Foster NJ, 'Jesus: Dead or alive? A Lawyer's view of the evidence for the Resurrection', Second Annual Australian Conference for the Academy and the Church, Brisbane, QLD (2010) [E2]
2010Foster NJ, 'Directors insuring against criminal OHS wrongdoing - The Common Law position', AHRC Network Meeting: Holding Companies Accountable, Berlin, Germany (2010) [E2]
2009Foster NJ, 'The national review into model OHS laws: A paper examining the duties of officers and due diligence', Symposium on the National Review into Model OHS Laws, Canberra, ACT (2009) [E2]
2009Foster NJ, 'Recent developments in personal liability of company officers for workplace safety breaches: Australian and UK decisions', Seventh National OHS Regulatory Research Colloquium, Canberra, ACT (2009) [E2]
2009Foster NJ, 'Defamation and vilification: Rights to reputation, free speech and freedom of religion at common law and under human rights laws', Papers of the 2009 Australia Conference: Cultural and Religious Freedom Under a Bill of Rights Conference, Canberra, ACT (2009) [E2]
2009Foster NJ, 'Personal OHS liability of company officers under the Harmonised Scheme', The Safety Conference 2009: Program, Sydney, NSW (2009) [E3]
2009Foster NJ, 'Individual liability', European Developments in Corporate Criminal Liability: Programme, London, UK (2009) [E3]
2009Foster NJ, 'Statutory construction and biblical hermeneutics: Law in the service of the gospel?', First Annual Australasian Conference for the Academy and the Church, Brisbane, QLD (2009) [E3]
2006Foster N, 'The CAMAC Report on Personal Liability for Corporate Fault- Critique from the OHS perspective', Working Paper No 50, National Research Centre for Occupational Health and Safety Regulation (2006) [E2]
2004Foster NJ, 'Breach of Statutory Duty and Risk Management in Occupational Health and Safety Law: New Wine in Old Wineskins', Crossing Boundaries, Darwin (2004) [E3]
Show 13 more
Edit

Grants and Funding

Summary

Number of grants2
Total funding$3,121

- Indicates that the researcher may be seeking students for this project.

Click on a grant title below to expand the full details for that specific grant.

2008 (1 grants)

The Goals of Private Law - Obligations IV Conference 2008, University of Singapore, 23/7/2008 - 25/7/2008$1,700
Funding Body: University of Newcastle

Project Team
Associate Professor Neil Foster
SchemeRole
Travel GrantChief Investigator
Total AmountFunding StartFunding Finish
$1,70020082008
GNo:G0188606

2006 (1 grants)

Emerging Issues in Tort Law, 9-10 June 2006$1,421
Funding Body: University of Newcastle

Project Team
Associate Professor Neil Foster
SchemeRole
Travel GrantChief Investigator
Total AmountFunding StartFunding Finish
$1,42120062006
GNo:G0186225
Edit

Research Supervision

Number of current supervisions1
Total current UoN PhD EFTSL0.3

For supervisions undertaken at an institution other that the University of Newcastle, the institution name is listed below the program name.

Current Supervision

CommencedProposed
Completion
ProgramSupervisor TypeResearch Title
20112015PhD (Management)Co-SupervisorFrom Premise to Practise - The Application of Problem Solving in a Regulatory Environment
Edit

Associate Professor Neil Foster

Work Phone(02) 4921 7430
Fax(02) 4921 6931
Email
PositionAssociate Professor
Newcastle Law School
Faculty of Business and Law
The University of Newcastle, Australia
Focus AreaLaw
Office
MC177,
McMullin Building,
Callaghan
University Drive
Callaghan NSW 2308
Australia
URL:www.newcastle.edu.au/profile/neil-foster