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).
Professor Greg Weeks is a 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 Impartiality, Bias and Emotion” – Kathy Mack, Sharyn Roach Anleu and Jordan Tutton; “Apprehended Bias in Integrated Online Dispute Resolution” – Anna Olijnyk and Joe McIntyre; “Recusal, Reconstitution and the Reasonable Apprehension of Bias in Australian Statutory Tribunals” – Sarah Lim; and “Is There a ‘Small Town’ Exception to the Bias Rule?” – Mathew Groves. Also in this Part is a Preface by The Hon RS French.
This Part includes the following articles: “Judicial Review of Administrative Action: Between Grand Theory and Muddling Through” – Mark Aronson; “The State of the Art in Contemporary Administrative Law” – Paul Daly; “Peremptory Mandamus in Australian Administrative Law” – Christopher Chiam; and “Delegated Legislation and Emergency Rule-making in Australia” – Tim Wright. Also in this Part are the following sections: Editorial: “The State of Our Administrative Law”; and Book Review: “Measuring Accountability in Public Governance Regimes”, by Ellen Rock – Reviewed by Robin Creyke.
This Part includes the following articles: “Executive Detention in the Time of a Pandemic” – Anthony Gray; and “Deference as Non-jurisdictional Error” – Charlie Rotondo. Also in this Part are the following sections: Editorial: “Ministerial Adherence to the Law”; Casenote: “Northern Land Council v Quall  HCA 33”; Current Issues: “Amenability of the Executive Power to Pardon to Judicial Review: Holzinger v Attorney-General (Qld) and Attorney-General (Cth) v Ogawa” – Samuel Walpole, Aaron Moss and William Isdale; and Book Review: “The Anatomy of Administrative Law”, by Joanna Bell – Reviewed by Mark Aronson.
This Part includes the following articles: “Migrating towards a Principled Approach to Reviewing Jurisdictional Facts” – The Hon Justice R Derrington; “Materiality: Marking the Metes and Bounds of Jurisdictional Error?” – Harry Aniulis; and “A Question of Capacity: Does the AAT Have the Power to Appoint Litigation Guardians?” – Matthew Paterson. Also in this Part are the following sections: Editorial: “Immigration Litigation – Impact, Study and Reform”; Current Issues: “Finding Law in a Time of Emergency: COVID-19” – Katie Miller; and Book Review: “Military Law in Australia, by Robin Creyke, Dale Stephens and Peter Sutherland (eds)” – Reviewed by Matthew Groves.
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.