Australian Journal of Administrative Law (AJ Admin L)
Critical analysis of contemporary administrative law issues
About the Journal
The Australian Journal of Administrative Law (ISSN: 1320-7105) provides subscribers with current and critical commentary on contemporary developments in administrative law.
Included in each issue is a range articles and sections on Current Issues, Casenotes and Book Reviews. The articles and sections are written by recognised practitioners and academics.
Professor Matthew Groves and Associate Professor Greg Weeks
Professor Matthew Groves is Professor of Law at Deakin University and a fellow of the Australian Academy of Law. He teaches and researches public law, particularly administrative law. Prior to joining Deakin University, he was a professor in the La Trobe Law School. Matthew has written and edited many books on administrative law and is a former member of the Administrative Review Council. Matthew is one of the key co-authors of the leading text, Judicial Review of Administrative Action and Government Liability (6th ed, Thomson Reuters, 2017).
Associate Professor Greg Weeks is an Associate Professor and Deputy Head of School in the ANU College of Law at the Australian National University. He teaches the compulsory Administrative Law and Torts subjects in addition to the Advanced Administrative Law elective. Greg’s research interests are primarily related to judicial review, state liability and remedies against public authorities. He has published widely in these fields. Greg is one of the co-authors of Judicial Review of Administrative Action and Government Liability, Australia’s leading administrative law text (6th ed, Thomson Reuters, 2017).
Mark Aronson, Emeritus Professor, University of New South Wales
Justice John Basten, New South Wales Court of Appeal
Robin Creyke, Emeritus Professor, Australian National University
John McMillan, Emeritus Professor, Australian National University
Linda Pearson, Senior Member, New South Wales Civil and Administrative Tribunal; Adjunct Professor, Faculty of Law, University of New South Wales
Justice Janine Pritchard, Court of Appeal of Western Australia
Mark Robinson SC, New South Wales Bar
Current Issues – Justin Davidson, Senior Executive Lawyer, Australian Government Solicitor, Katie Miller, Executive Director, Legal Practice, Victorian Legal Aid and Dr Stephen Tully, Sixth Floor, St James Hall Chambers, Sydney
Casenotes – Nathalie Ng, LLB (Hons) The University of Nottingham, UK; Australian Legal Practitioner
Book Reviews – Dr Janina Boughey, Senior Lecturer, Faculty of Law, University of New South Wales
The following websites contain details of material published in the Journal:
http://legal.thomsonreuters.com.au/australian-legal-journals-index-online/productdetail/85643 (Australian Legal Journals Index)
https://clarivate.com/products/web-of-science/ (Web of Science Emerging Sources Citation Index)
The Australian Legal Journals Index is an online legal database prepared by the Lionel Murphy Library of the Commonwealth Attorney-General’s Department. It is produced by Thomson Reuters and is available via subscription.
The ESCI (Emerging Sources Citation Index) is an online database formerly produced by Thomson Reuters and now maintained by Clarivate Analytics. It is part of the Web of Science Core Collection and is available via subscription.
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For the individual contents pages for each Part, click here.
This Part includes the following articles: “Judicial Review of the Fast-track Asylum Seeker Assessment Process” – Tim Peyton; and “A(nother) New Unreasonableness Framework for Canadian Administrative Law” – Janina Boughey. Also in this Part are the following sections: Editorial: “The Ongoing Quest to Define a Duty of Consistency”; Casenote: “CNY17 v Minister for Immigration and Border Protection  HCA 50” – Stephen Tully; Speech: “Delivering Reasons in the Tribunal Context” – The Hon Justice A S Bell; and Book Review: “Administrative Redress in and out of the Courts, by Greg Weeks and Matthew Groves (eds)” – Reviewed by Dr Maria O’Sullivan.
This Part includes the following articles: “The National Disability Insurance Scheme and Administrative Decision-Making: Unique Challenges and Opportunities” – Louise P Bygrave and Ron McCallum; “Australian Tribunals: Impact of Amalgamation” – Robin Creyke; “Administrative Justice and the Legacy of Executive Devolution: Establishing a Tribunals System for Wales” – Sarah Nason and Huw Pritchard; and “Administrative Justice and Tribunals in the United Kingdom: Developments; Procedures; and Reform” – Robert Thomas. Also in this Part is an Editorial: Tribunals – Their Continued Evolution and Reform.
This Part includes the following articles: “A Typology of Materiality” – Paul Daly; “Failure to Adhere to Policy: A Category of Jurisdictional Error?” – Patrick McCabe; and “Creating a Framework for Evaluating the ‘Effectiveness’ of the Commonwealth Ombudsman” – Jeremy (Wei Peng) Soh. Also in this Part are the following sections: Editorial; Casenote: In Defence of Spent Convictions: Frugtniet v Australian Securities and Investments Commission and the Administrative Decision-Maker; and Book Reviews.
We note with great sadness the death of Richard Tracey AM RFD QC, on the 11th of October 2019. Mr Tracey passed away after a brief battle with cancer. He was at the time of his death, Commissioner on the current federal royal commission into aged care. Mr Tracey has a long and distinguished career ...more
This Part includes the following articles: “Duties to Consider” – Geoffrey Kennett SC; “Remedial Invalidity in Australia, the United Kingdom and the United States of America: A Legislative Solution to a Common Law Problem” – Anthony Hall; and “Finding Fairness in Fact Finding: Material Mistake of Fact Review in Asylum Cases” – Esther Pearson. Also in this Part are the following sections: Editorial; Casenote: Jurisdictional Error and Materiality: Hossain v Minister for Immigration and Border Protection (2018) 359 ALR 1;  HCA 34; and Current Issues.
This Part includes the following articles: “Standards of Appellate Review in Public Law Australia” – Kristina Stern and Georgina Westgarth; “Deliberation and Automation – When is a Decision a ‘Decision’?” – Yee-Fui Ng and Maria O’Sullivan; and “Re-thinking Bias in the Age of Automation” – Sarah Lim. Also in this Part are the following sections: Editorial; Current Issues; and Book Review.
This Part includes the following articles: “Judicial Review is Dead – Long Live Judicial Review!” – Justice Rachel Pepper; “Cyber-insecurity: Data Breaches, Remedies and the Enforcement of the Right to Privacy” – Rose Dlougatch; and “What Probuild Says about Statutory Interpretation” – Steven Gardiner. Also in this Part are the following sections: Editorial; Current Issues; Casenote: Minister for Immigration & Border Protection v Egan  FCAFC 169; and Book Reviews.
This Part includes the following articles: “Commonwealth Government Contracts, the ‘Common Assumption’ and Statutory Backing” – Nick Seddon; “The Victorian Civil and Administrative Tribunal and the Rules of Evidence” – Duncan Wallace; and “Declaratory Relief and Public Law Litigation in the 21st Century” – Leigh Howard. Also in this Part are the following sections: Current Issues; Casenotes: Plaintiff M174/2016 v Minister for Immigration and Border Protection (2018) 92 ALJR 481;  HCA 16 and BGH16 v Minister for Immigration and Border Protection  FCCA 1009; and Book Reviews.
This Part includes the following articles: “Separation of Powers – Dialogue and Deference” – John Basten; “Tale of Two Characters – The Paradoxical Application of the Character Test between Visa Holders and Applicants for Australian Citizenship” – Jason Donnelly; and “Procedural Fairness in Application Cases: Is Compellability of Consideration a Critical Safeguard?” – Emily Hammond. Also in this Part are the following sections: Current Issues; Casenotes: Legal Professional Privilege and AAT Act, s 38AA: Buttigieg v Comcare  AATA 1002; and Book Reviews.
This Special Issue on the Charter includes an introduction by Justice Pamela Tate, and the following articles: “Administrative Decision-Making under Victoria’s Charter” – Janina Boughey and Adam Fletcher; “How Does the Charter Affect Discretions? The Limits of s 38(1) and Beyond” – Bruce Chen; “Judicial Review and the Charter” – Mark Aronson; and “Judicial Review and Human Rights” – Matthew Groves.