AUT - Julie Cassidy

AUT

Professor Julie Cassidy

Staff profile Image of Julie Cassidy

Phone: +64 9 921 9999 Extn 5918

Email: jcassidy@aut.ac.nz

Physical Address:

Law School
Room WY610
Level 6, AUT Law School Building
120 Mayoral Drive
Auckland Central 1010




Postal Address:
Law School
Faculty of Business and Law
Auckland University of Technology
Private Bag 92006
Auckland 1142

Qualifications:

  • Bachelor of Laws (Honours) 1987, University of Adelaide
  • Honours Thesis: “The Conquered Continent”
  • Doctor of Philosophy 1993, Bond University
  • Doctorate Thesis: "Customary International Law's Protection of Aboriginal Title in Post-Colonial     Nations"
  • Barrister and Solicitor of the Supreme Court of Victoria
  • Barrister of the Supreme Court of Queensland
  • Barrister of the High Court of Australia 

Biography:

Prior to joining AUT, Julie Cassidy was an Associate-Professor in the School of Law at Deakin University. She was part of the foundation staff at Deakin’s School of Law, being appointed as a senior lecturer in 1992. Prior to that she was a foundation staff member at Bond University (1989-1992) and a member of the teaching staff at the Faculty of Law, University of Adelaide (1987-1989). During her time at Deakin University she held many senior roles including Co-convenor of the ‘sLaw and Justice – International Perspectives’ Research Cluster, Director of Research, Associate Head of School (Research), Teaching Excellence Co-ordinator and Fellow of Deakin University’s Teaching Leaders’ Forum.

Julie has been teaching law since 1987 and has pioneered the teaching of practical legal skills through experiential learning. She is also an early adopter of technology to promote student access. Julie’s innovative teaching has been recognised in a number of significant teaching awards including most recently 2010 Australian Learning & Teaching Council Citation for Outstanding Contributions to Student Learning and 2011 Deakin University Award for Teaching Excellence. As one of the top three candidates for the latter awards she was also awarded the 2011 Vice-Chancellor’s Award for Distinguished Teaching.

Through her considerable research record, including doctorate, publications and conference and seminar presentations, Julie has an established international reputation as a legal scholar. Her publications include well-regarded textbooks (Concise Income Tax (5th ed, 2010), Concise Corporations Law (5th ed, 2006) and Corporations Law: Text, Materials and Essential Cases (3rd ed, 2010)). They also include articles published in A and A* ranked journals such as Australian Tax Forum (A), Ottawa Law Journal (A), South African Law Journal (A), American Journal of Comparative and International Law (A) and Griffith Law Review (A*), and other leading international journals, such as International Bulletin of Fiscal Documentation, Oxford Journal of Legal History, International Legal Perspectives Journal and Indiana International and Comparative Law Review.

Julie has been a Visiting Scholar/Professor at a number of prestigious universities including Faculty of Law Cambridge University, Boalt Hall Faculty of Law University of California, Osgoode Hall York University, Faculty of Law University of Ottawa, Faculty of Law University of Colorado and Institute for Austrian and International Tax Law of WU Vienna University of Economics and Business Administration (Austria).

Teaching Areas:

Julie has devised and taught at both undergraduate and postgraduate level courses in law in the areas of:

Introduction to law
Constitutional law
Equity and Trusts
Corporations Law
Business Organisations
Taxation

She has also extensive experience supervising and examining research theses, including PhD, SJD, LLM (research), LLM (minor thesis) and LLB (Hons) dissertations and theses for, inter alia, both New Zealand and Australian universities. 

Current Research Projects:

Julie is currently working on issues relating to the possible introduction of a capital gains tax into New Zealand. She is also interested in current corporate reforms in regard to directors’ duties. Another area in which she is actively researching is the courts approaches to the reception of international law, particularly human rights norms, in New Zealand, Australia and South Africa.

Publications:

TAXATION

BOOKS:

  • Cassidy, J. 2010, Concise Income Tax, (5th ed) Federation Press, Sydney (492 pages)
  • Cassidy, J. 2007, Concise Income Tax, (4th ed) Federation Press, Sydney (464 pages)
  • Cassidy, J. 2004, Concise Income Tax, (3rd ed) Federation Press, Sydney (430 pages)
  • Cassidy, J. 2001, Concise Income Tax, (2nd ed) Federation Press, Sydney (412 pages)
  • Cassidy, J. 1997, Manual of Income Tax, Federation Press, Sydney (332 pages)

 CHAPTERS IN BOOKS:

  • Cassidy, J., “Black Fella Land: White Fella Tax – Changing the CGT Implications of Aboriginal/Native Tile” in Kofler, G., Maduro, M., and Pistone, P., (eds), Taxation and Human Rights in Europe and the World, IBFD Publications, Amsterdam, 2011

ARTICLES IN REFEREED ACADEMIC AND PROFESSIONAL JOURNALS:

  • Cassidy, J., “‘Badges of Tax Avoidance’: Reform Options for the New Zealand GAAR” (2011) 17(4) New Zealand Business Law Quarterly 467 (24 pages)
  • Cassidy, J., “The Duke of Westminster should be “very careful when he crosses the road” in New Zealand: The Role of the New Zealand Anti-Avoidance Rule” (2012) 4 New Zealand Law Review 1 (33 pages)
  • Cassidy, J., “Tainted Elements or Nugatory Directive? The Role of the General Anti-Avoidance Provisions (GAAR) in Fiscal Interpretation” (2012) Stellenbosch Law Review (forthcoming)
  • Cassidy, J., “Black Fella Land: White Fella Tax – Changing the CGT Implications of Aboriginal/Native Tile: Part 1: CGT Asset” (2010) 25 Australian Tax Forum 397 (27 pages)
  • Cassidy, J., “The Holy Grail: The Search for the Optimal GAAR” (2009) 126 (4) South African Law Journal 740 (39 pages)
  • Cassidy, J., “Devil’s in the Detail: Non-Commercial Business Losses” (2008) 3:2 Journal of the Australasian Tax Teachers Association 41 (31 pages)
  • Cassidy, J., and Sykes, A., “Isn’t sport taxing?: The taxation of sports professionals post-Agassi” (2007) 17 Revenue Law Journal 41 (31 pages)
  • Cassidy, J., “Part IVA is to be construed and applied according to its terms, not under the influence of ‘muffled echoes of old arguments’ concerning other legislation” (2006) 1 Commercial Law Journal 30 (25 pages)
  • Cassidy, J., “ ‘To GARR or not to GARR - That is the question’: Canadian and Australian attempts to combat tax avoidance” (2005-2006) 36:2 Ottawa Law Journal 259 (56 pages)
  • Cassidy, J., “Capital Gains Tax in South Africa: Lessons from Australia?” (2004) 16 SA Mercantile Law Journal 164 (31 pages)
  • Cassidy, J., “Impact of the New Business Tax System (Alienation of Personal Services Income) Act 2000” (2002) 30 ABLR 90-105 (15 pages)
  • Cassidy, J., “Part IVA – No longer a toothless tiger?” (2002) 11 Revenue Law Journal 65 (31 pages)
  • Cassidy, J., "Osborne v FCT - The Lost Opportunity?" (Summary version) (1999) 34(2) Taxation in Australia 97 (7 pages)
  • Cassidy, J., "Osborne v FCT - The Lost Opportunity?" (1999) 3(1) Tax Specialist 9 (19 pages)
  • Cassidy, J., "Have the ghosts of s 260 come back to haunt the Commissioner of Taxation?" (1997) 51 Bulletin for International Fiscal Documentation 20 (15 pages)
  • Cassidy, J., "Are Tax Schemes Legitimate Commercial Transactions? Commissioner of Taxation v Spotless Services Ltd and Commissioner of Taxation v Spotless Finance Pty Ltd" (1996) 2 High Court Review 23 (10 pages)
  • Cassidy, J., "Peabody v FC of T and Part IVA" (1995) 5 Revenue Law Journal 197 (21 pages)
  • Cassidy, J., "Income from personal exertion: Liedig v FC of T" (1995) 29(11) Taxation in Australia 590 (4 pages)
  • Cassidy, J., "The Taxation of Isolated Sales under s 25(1) ITAA: TR 92/3 v Joint Submission," (1994) 4 Revenue Law Journal 1 (26 pages)
  • Cassidy, J., "Observations on the application of Part IVA: Peabody v FC of T," (1993) 21(6) Aust Business Law Rev 424 (15 pages)
  • Cassidy, J., "Case W58: The Death Knell for Family Companies and Trusts?," (1992) 26 Taxation in Australia 479 (7 pages)
  • Cassidy, J., "Case X47: A Flutter on the Future," (1991) 26 Taxation in Australia 74 (4 pages)
  • Cassidy, J., "The Ongoing Saga of the Terrible Twins: Observations of Hepples v FC of T," (1991) 2 Revenue Law Journal 1 (17 pages)
  • Cassidy, J., "The Capital Gains Tax Consequences of Property Settlements" (1990) 1 Revenue Law Journal 146 (16 pages)
  • Cassidy, J., "The Taxation of Insurance Receipts for Personal Injury. Is It All Getting a Bit Much?" (1988) 1 Insurance Law Journal 47 (13 pages)
  • Cassidy, J., "Pt III: The Embodiment of Confusion," (1987) 58 Chartered Accountant in Australia 62 (5 pages)

CONTRIBUTIONS TO SERVICES AND ENCYCLOPAEDIAS:

  • Cassidy, J., “VIII Anti-Avoidance” Halsbury’s Laws of Australia (2006)
  • Cassidy, J., "31.2: Income from Business and Isolated Activities", 31.2 Laws of Australia (1999) (updated version)
  • Cassidy, J., "31.2: Income from Business and Isolated Activities", 31.2 Laws of Australia (1996) (70 pages)
  • Cassidy, J., “VIII Anti-Avoidance” Halsbury’s Laws of Australia (2006)
  • Cassidy, J., "Section 160ZZQ - Exemption of Principal Residence," Australian Tax Practice, Butterworths (54 pages). (Subsequently contributed to by Ms Marilyn Walker and Mr Tim Galvin)
  • Cassidy, J., "Section 160ZZM - Exemption on Breakdown of Marriage," Australian Taxation Practice, Butterworths (26 pages)
  • Cassidy, J., "Part IIIA, Div 18," Capital Gains Tax, Butterworths (154 pages) (co-authored with Mr Tim Galvin)
  • Cassidy, J., "Part IIIA, Div 17," Capital Gains, Butterworths (26 pages)

CORPORATIONS LAW

BOOKS:

  • Cassidy, J. 2010, Corporations Law: Text, Materials and Essential Cases, (3rd, ed) Federation Press, Sydney (437 pages)
  • Cassidy, J. 2008, Corporations Law: Text, Materials and Essential Cases, (2nd, ed) Federation Press, Sydney (408 pages)
  • Cassidy, J. 2006, Concise Corporations Law, (5th ed) Federation Press, Sydney (371 pages)
  • Cassidy, J. 2005, Corporations Law: Text, Materials and Essential Cases, Federation Press, Sydney (381 pages)
  • Cassidy, J. 2003, Concise Corporations Law, (4th ed) Federation Press, Sydney (352 pages)
  • Cassidy, J. 2001, Concise Corporations Law, (3rd ed) Federation Press, Sydney (339 pages)
  • Cassidy, J. 1999, Concise Corporations Law, (2nd ed) Federation Press, Sydney (360 pages)
  • Cassidy, J. 1995, Concise Corporations Law, Federation Press, Sydney (344 pages)

CHAPTERS IN BOOKS:

  • Cassidy, J., Chapter "Corporations Law" in Krever (ed) Mastering Law Studies and Law Exam Techniques, 4th ed, Butterworths, Sydney, 1998 (12 pages)
  • Cassidy, J., Chapter "Corporations Law" in Krever (ed) Mastering Law Studies and Law Exam Techniques, 3rd ed, Butterworths, Sydney, 1995 (10 pages)

ARTICLES IN REFEREED ACADEMIC AND PROFESSIONAL JOURNALS:

  • Cassidy, J., “Models for Reform: Directors’ Duty of Care in a Modern Commercial World?” (2009) 3 University of Stellenbosch Law Review 373 (33 pages)
  • Cassidy, J., “James Hardie: The Resurrection of Re City Equitable and Beyond?” (2009) 37:5 Australian Business Law Review 312 (21 pages)
  • Cassidy, J., “Directors’ Duty of Care in Australia – A Reform Model?” (2008) 16(1) Asia Pacific Law Review 19
  • Cassidy, J., “ ‘Sexually Transmitted Debts’: The Scope of Defences to Directors' Liability for Insolvent Trading,” (2002) 20(7) Companies and Securities Law Journal 372 (17 pages)
  • Cassidy, J., “Standards of Conduct and Standards of Review: Divergence of the Duty of Care in the United States and Australia” (2000) 28(3) Australian Business Law Review 180 (25 pages)
  • Cassidy, J., "Has the 'Sleeping' Director Finally Been Laid to Rest?" (1997) 25 Australian Business Law Review 102 (15 pages)
  • Cassidy, J., "Disqualification of Directors under the Corporations Law," (1995) 13 Companies and Securities Law Journal 3 (18 pages)
  • Cassidy, J., "An evaluation of s 232(4) and the Directors' Duty of Due Care, Skill and Diligence" (1995) 23 Australian Business Law Review 201 (26 pages)

INDIGENOUS LEGAL ISSUES AND HUMAN RIGHTS

CHAPTERS IN BOOKS:

  • Cassidy, J., “Federal and State Land and Resource Use Management and Allocation Regimes” in Meyer (ed) The Way Forward: Collaboration and Cooperation ‘In Country’, 2nd ed, National Native Title Tribunal / AGPS, 1996 (39 pages)
  • Cassidy, J., “Federal and State Land and Resource Use Management and Allocation Regimes” in Meyer (ed) The Way Forward: Collaboration and Cooperation ‘In Country’, National Native Title Tribunal / AGPS, 1995 (44 pages)  

ARTICLES IN REFEREED ACADEMIC AND PROFESSIONAL JOURNALS:

  • Cassidy, J., “The Classroom ‘In Country’: Experiential Learning of Indigenous Legal Studies” (2011) UTS Jumbunna Indigenous House of Learning, Ngiya, Law Journal (forthcoming)
  • Cassidy, J., “The Canadian Response to Indian/Aboriginal Residential Schools: Lessons for Australia and the United States?” (2009) 16:2 Murdoch University Electronic Journal of Law 38 (33 pages)
  • Cassidy, J., “The Stolen Generations and Genocide: Unhelpful and Inappropriate?” (2009) 13:1 Australian Indigenous Law Journal 114 (36 pages)
  • Cassidy, J., “The Problematic Relationship Between Customary International Law and the Domestic Courts” (2009) Journal of Applied Law and Policy 119 (25 pages)
  • Cassidy, J., “Hollow Avowals of Human Rights Protection – Time for an Australian Federal Bill of Rights?” (2008) 13:2 Deakin Law Review 131 (45 pages)
  • Cassidy, J., “Watchdog or Paper Tiger: The Enforcement of Human Rights in International Forums” (2008) 10 University of Notre Dame Australia Law Review 35
  • Cassidy, J., “Best Interests of the Child: The Stolen Generations - Canada and Australia” (2006) 15(1) Griffith Law Review 111 (42 pages)
  • Cassidy, J., “The Stolen Generations - Canada and Australia: The Legacy of Assimilation” (2006) 11:1 Deakin Law Review 131
  • Cassidy, J., “Sovereignty of Aboriginal Peoples” (1998) 9(1) Indiana International and Comparative Law Review 65 (59 pages)
  • Cassidy, J., “Aboriginal title: ‘An overgrown and poorly excavated archaeological site’?” (1999) 10(1) International Legal Perspectives Journal 39 (71 pages)
  • Cassidy, J., “The Legacy of Colonialism,” (2003) 51 Am J of Com Law 409 (46 pages)
  • Cassidy, J., “Case Comment: Cubillo v The Commonwealth: A Denial of the Stolen Generation?” (2003) 12:1 Griffith Law Review 114 (22 pages)
  • Cassidy, J., “The Stolen Generation: A Breach of Fiduciary Duties? Canadian v Australian approaches to fiduciary duties” (2003) 34:2 University of Ottawa Law Review 175 (63 pages)
  • Cassidy, J., “A Legacy of Assimilation: Abuse in Canadian Native Residential Schools” (2003) 7 Southern Cross University Law Review 154 (65 pages)
  • Cassidy, J., “Emergence of the Individual as an International Juristic Entity: Enforcement of International Human Rights” (2004) 9(2) Deakin University Law Review 533 (39 pages)
  • Cassidy, J., “The Impact of the Conquered/Settled Distinction regarding the Acquisition of Sovereignty Australia” (2004) 8 Southern Cross University Law Review 1 (50 pages)
  • Cassidy, J., "Observations on Mabo v Queensland" (1994) 1 Deakin Law Review 37 (62 pages)
  • Cassidy, J., "The Enforcement of Aboriginal Rights in Customary International Law," (1993) 4(1) Indiana International and Comparative Law Review 59 (42 pages)
  • Cassidy, J., "A Reappraisal of Aboriginal Policy in Colonial Australia: Imperial and Colonial Instruments Recognising the Special Rights and Status of the Australian Aboriginals," (1989) 10 Oxford Journal of Legal History 365 (14 pages)
  • Cassidy, J., "The Significance of the Classification of a Colonial Acquisition: the Conquered/Settled Distinction," (1988) Aboriginal Studies (Australian Institute of Aboriginal Studies) 2 (15 pages)

MUTUAL WILLS

BOOKS:

  • Cassidy, J. 2000, Mutual Wills, Federation Press, Sydney (99 pages)

ARTICLES IN REFEREED ACADEMIC AND PROFESSIONAL JOURNALS:

  • Cassidy, J., “Life (or more so death) after Barns v Barns” (2006) 25:1 University of Tasmania Law Review 61 (22 pages)
  • Cassidy, J., “Exploring the benefits and pitfalls of using mutual wills” (2005) 10(1) Deakin Law Review 121 (18 pages)
  • Cassidy, J., “An Equitable Agreement or A Contract in Law: Merely A Matter of Nomenclature?” (2003) 27(1) Melbourne University Law Review 217 (34 pages)

AUSTRALIAN LEGAL SYSTEM

CHAPTERS IN BOOKS:

  • Cassidy, J., Chapter 6 "Common Law, Equity and Statute Law" (co-authored with Dr. Peter Kelly), in Corkery (ed), Career in Law, The Adelaide Law Review Association, 1989 (13 pages)
  • Cassidy, J., Chapter 2 "Common Law, Equity and Statute Law" (co-authored with Dr. Peter Kelly), in Corkery (ed), The Study of Law, The Adelaide Law Review Association, 1988 (13 pages)

OTHER

BOOKS:

  • Cassidy, J. 1988, Aldermans: A History of the Firm (co-authored with Professor J.F. Corkery), Adelaide, Hyde Park Press (95 pages)

CHAPTERS IN BOOKS:

  • Cassidy, J., Chapter "Moot Court" in Krever (ed) Mastering Law Studies and Law Exam Techniques, 7th ed, Butterworths, Sydney, 2011 (9 pages)
  • Cassidy, J., Chapter "Moot Court" in Krever (ed) Mastering Law Studies and Law Exam Techniques, 4th ed, Butterworths, Sydney, 2006

VIDEOS AND CD ROMS:

  • Cassidy, J. and Barrett, “Plain English and the Law,” (1989) (computing assisted learning program)
  • Cassidy, J., "Moot Court," (1993) Law Book Co. Ltd (Video)
  • Cassidy, J., "ClientView," (2007) (e-simulation CD)

ARTICLES IN REFEREED ACADEMIC AND PROFESSIONAL JOURNALS:

  • Cassidy, J., “ClientView” (2009) 4(1) Journal of the Australasian Tax Teachers Association 55 

Last updated: 26 Mar 2013 1:30pm

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