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Associate Professor Neil Foster

Associate Professor

Newcastle Law School (Law)

Balancing Freedom of Religion and Freedom from Discrimination

Associate Professor Foster's primary research interests include Torts (civil liability for wrongs) and Occupational (Workplace) Health and Safety Law.

Associate Professor Neil Foster 

He has also published in the areas of Property and Intellectual Property. Most recently he has been developing a research interest in Law and Religion issues.

Together with a colleague, Lucy Wilk, he has been examining a number of recent cases where two fundamental human rights seem to be in conflict. They have analysed how the courts approach the "balancing" process in such conflicts, particularly in controversial areas such as same sex couples and religion.

In 2012 Associate Professor Foster published a book which provides an introduction to the Australian Workplace Health and Safety (WHS) law for use by those who need to know how to manage safety in a workplace following the development of a new harmonised law in 2012-2013*. It covers not only the new WHS Act 2011, but also a range of related issues connected to safety: the contract of employment, common law tort actions, workers' compensation law and anti-discrimination legislation.

*Workplace Health & Safety Law in Australia, LexisNexis Butterworths, Chatswood (2012)

Associate Professor Neil Foster

Balancing Freedom of Religion and Freedom from Discrimination

Associate Professor Foster's primary research interests include Torts (civil liability for wrongs) and Occupational (Workplace) Health and Safety Law. He has also published in the areas of Property and Intellectual Property. Most recently he has been developing a research interest…

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Career Summary

Biography

Neil Foster is an Associate Professor in Newcastle Law School at the University of Newcastle, Australia. His main research and teaching interests are Torts, Workplace Health and Safety Law, and Law and Religion.

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

Teaching Expertise

Torts, Workplace Health and Safety, Property, Law and Religion

A recent interview on Law and Religion issues: https://www.youtube.com/watch?v=NLSl0W7LHDE&nbsp;<br />

 


Qualifications

  • Master of Laws, University of Newcastle
  • 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

Keywords

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

Fields of Research

Code Description Percentage
111705 Environmental and Occupational Health and Safety 25
180126 Tort Law 65
189999 Law and Legal Studies not elsewhere classified 10

Professional Experience

UON Appointment

Title Organisation / Department
Associate Professor University of Newcastle
Newcastle Law School
Australia

Academic appointment

Dates Title Organisation / Department
1/01/2007 -  Editorial Board - Torts Law Journal Torts Law Journal
United States

Membership

Dates Title Organisation / Department
1/01/2010 -  Membership - National OHS Regulatory Research Consortium National OHS Regulatory Research Consortium
Australia
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Publications

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


Book (8 outputs)

Year Citation Altmetrics Link
2014 Foster NJ, Pressure Points, Matthias Media, Sydney, 83 (2014) [A2]
2014 Foster NJ, Torts: Cases and Commentary Supplement: Defamation and Wrongful Interference with Goods, LexisNexis Butterworths, Australia, 122 (2014) [A2]
2014 Foster NJ, Torts: Cases and Commentary Supplement: Defamation and Wrongful Interference with Goods, LexisNexis Butterworths, Australia, 122 (2014) [A2]
2013 Foster NJ, Luntz H, Hambly D, Dietrich J, Burns K, Torts Cases and Commentary, LexisNexis Butterworths, Australia, 972 (2013)
2012 Gray J, Edgeworth B, Foster NJ, Dorsett S, Property Law in New South Wales, LexisNexis Butterworths, Chatswood, NSW, 736 (2012) [A4]
2012 Foster NJ, Workplace Health and Safety Law in Australia, LexisNexis Butterworths, Chatswood, NSW, 646 (2012) [A1]
2009 Luntz H, Hambly D, Burns K, Dietrich J, Foster NJ, Torts: Cases and Commentary, LexisNexis Butterworths, Chatswood, NSW, 898 (2009) [A2]
2007 Gray J, Edgeworth B, Foster NJ, Grattan S, Property Law in New South Wales, LexisNexis Butterworths, Chatswood, NSW, 668 (2007) [A3]
Show 5 more books

Chapter (6 outputs)

Year Citation Altmetrics Link
2013 Foster 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]
2012 Foster 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]
2011 Foster NJ, 'Individual liability of company officers', European Developments in Corporate Criminal Liability, Routledge, Abingdon 114-138 (2011) [B1]
2011 Foster NJ, 'The tort of breach of statutory duty', Fleming's The Law of Torts, Thomson Reuters (Professional) Australia, Pyrmont, NSW 423-436 (2011) [B2]
2002 Foster NJ, 'COVENANTS AFFECTING LAND', Halsbury's Laws of Australia, LEXISNEXIS BUTTERWORTHS, SYDNEY 35 (2002) [B2]
2002 Foster NJ, 'BOUNDARIES, FENCES AND ENCROACHMENTS', Halsbury's Laws of Australia, LEXISNEXIS BUTTERWORTHS, SYDNEY 37 (2002) [B2]
Show 3 more chapters

Journal article (26 outputs)

Year Citation Altmetrics Link
2015 Foster NJ, Apps A, 'The neglected tort ¿ Breach of statutory duty and workplace injuries under the Model Work Health and Safety Law', Australian Journal of Labour Law, 28 57-76 (2015)
Co-authors Ann Apps
2014 Foster NJ, 'Law and Religion in the Victorian Court of Appeal', Australian Law Journal, 88 860-862 (2014) [C1]
2014 Foster NJ, 'Law and Religion in the Victorian Court of Appeal', Australian Law Journal, 88 860-862 (2014) [C1]
2012 Foster NJ, 'Liability for wrongful interferences with chattels [Book Review]', Canadian Business Law Journal, 53 290-296 (2012) [C2]
2012 Foster NJ, 'You can't do that! Directors insuring against criminal WHS penalties', Insurance Law Journal, 23 109-125 (2012) [C1]
2012 Foster NJ, 'Update on the national work health and safety harmonisation process', Employment Law Bulletin, 17 138-141 (2012) [C3]
2011 Foster NJ, 'The merits of the civil action for breach of statutory duty', The Sydney Law Review, 33 67-93 (2011) [C1]
2010 Foster NJ, 'General risks or specific measures? The High Court decision in Kirk', Australian Journal of Labour Law, 23 230-239 (2010) [C1]
2010 Foster NJ, 'Case note: Civil liability arising from the Bunsfield explosion', Environmental Law Review, 12 57-70 (2010) [C1]
DOI 10.1350/enlr.2010.12.1.076
2009 Foster NJ, 'Digital copyright and the consumer revolution: Hands off my iPod', Media and Arts Law Review, 14 112 (2009) [C3]
2009 Foster NJ, 'NSW Court of Appeal: Is public liability created under OH&S legislation', Australian Civil Liability, 6 186-189 (2009) [C2]
2008 Foster NJ, 'Personal civil liability of company officers for company workplace torts', Torts Law Journal, 16 20-68 (2008) [C1]
2008 Foster NJ, 'Lawyers predicting the future: Disclosure in insurance contracts - CGU Insurance Ltd v Porthouse', Journal of Professional Negligence, 24 247-249 (2008) [C1]
2008 Foster NJ, 'Deemed to be 'workers' for common law actions', Law Society Journal, 46 68-69 (2008) [C3]
2008 Foster 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]
Citations Scopus - 1
2007 Foster 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]
2007 Foster NJ, 'Psychiatric workplace injury and breach of duty: New South Wales v Fahy', Torts Law Journal, 15 227-232 (2007) [C1]
2007 Foster NJ, 'Trees and nuisance in NSW', Australian Law Journal, 81 291-295 (2007) [C1]
2007 Foster NJ, Horvath A, 'Duty of Care owed in attesting Signature of Documents', Law Society Journal, 45 43-47 (2007) [C2]
2006 Foster 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]
2006 Foster NJ, 'Case Notes - Another tale of two divers', Torts Law Journal, 14 115-123 (2006) [C1]
2006 Foster NJ, 'Vicarious Liability for Independent Contractors Revisited: Sweeny v Boylan Nominees Pty Ltd', Torts Law Journal, 14 219-223 (2006) [C1]
2006 Foster 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]
2005 Foster 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]
2004 Foster 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]
2000 Foster 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 23 more journal articles

Conference (17 outputs)

Year Citation Altmetrics Link
2014 Foster NJ, 'Lost in the Woodland(s)? Convergence and Divergence in the Law of Non-delegable Duties between Australia and the United Kingdom', Pending, Hong University Faculty of Law (2014) [E3]
2013 Foster 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]
2012 Foster 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]
2011 Foster 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]
2011 Foster 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]
2010 Foster NJ, 'Towards a National OHS Law', 18th Annual Labour Law Conference, Sydney, NSW (2010) [E2]
2010 Foster NJ, 'Directors insuring against criminal OHS wrongdoing - The Common Law position', AHRC Network Meeting: Holding Companies Accountable, Berlin, Germany (2010) [E2]
2010 Foster NJ, 'Personal corporate officer liability under the model Work Health and Safety Bill', Eighth National OHS Regulatory Research Colloquium, Canberra, ACT (2010) [E2]
2010 Foster 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]
2009 Foster NJ, 'Individual liability', European Developments in Corporate Criminal Liability: Programme, London, UK (2009) [E3]
2009 Foster 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]
2009 Foster 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]
2009 Foster 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]
2009 Foster 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]
2009 Foster NJ, 'Personal OHS liability of company officers under the Harmonised Scheme', The Safety Conference 2009: Program, Sydney, NSW (2009) [E3]
2006 Foster 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]
2004 Foster 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 14 more conferences

Other (1 outputs)

Year Citation Altmetrics Link
2014 Foster NJ, 'Discrimination, Language and Freedom of Religion: Two Important Law and Religion decisions in Australia', ( pp.1-21): Nil (2014) [O1]
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Grants and Funding

Summary

Number of grants 2
Total funding $3,121

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


20081 grants / $1,700

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

Funding body University of Newcastle
Project Team Associate Professor Neil Foster
Scheme Travel Grant
Role Lead
Funding Start 2008
Funding Finish 2008
GNo G0188606
Type Of Funding Internal
Category INTE
UON Y

20061 grants / $1,421

Emerging Issues in Tort Law, 9-10 June 2006$1,421

Funding body: University of Newcastle

Funding body University of Newcastle
Project Team Associate Professor Neil Foster
Scheme Travel Grant
Role Lead
Funding Start 2006
Funding Finish 2006
GNo G0186225
Type Of Funding Internal
Category INTE
UON Y
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Research Supervision

Number of supervisions

Completed0
Current1

Total current UON EFTSL

PhD0.3
Number of completed supervisions 0
Number of current supervisions 1
Total current UoN PhD EFTSL 0.3

Current Supervision

Commenced Research Title / Program / Supervisor Type
2011 From Premise to Practise - The Application of Problem Solving in a Regulatory Environment
Business Management, Faculty of Business and Law
Co-Supervisor
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News

Law, Religion, and Economic Development

January 7, 2015

Newcastle Law School academic presents at G20 Interfaith Summit

G20 Interfaith Summit: Economic Development and Religious Freedoms

October 23, 2014

Newcastle Law School academic presents at G20 Interfaith Summit

Appeal to clarify religious standing

May 23, 2014

Associate Professor Neil Foster welcomes appeal on landmark court decision regarding religious freedom in an article with the Australian

New anti-discrimination laws ‘erode religious freedom’

May 9, 2014

Assoc Prof Neil Foster, one of the nation's leading authorities on law and religion, has warned that religious freedom in Victoria is being degraded in favour of anti-discrimination laws.

Opinion: Minimum lawful age for marriage is clear

February 12, 2014

Newcastle Law School's Associate Professor Neil Foster has commented in the Newcastle Herald on a recent case involving the "marriage" of a 12 year old girl in the Hunter region.

Associate Professor Neil Foster

Position

Associate Professor
Newcastle Law School
Faculty of Business and Law

Focus area

Law

Contact Details

Email neil.foster@newcastle.edu.au
Phone (02) 4921 7430
Fax (02) 4921 6931

Office

Room MC177
Building McMullin Building
Location Callaghan
University Drive
Callaghan, NSW 2308
Australia
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