Australian Journal of Administrative Law (AJ Admin L)
Critical analysis of contemporary administrative law issues
About the Journal
The Australian Journal of Administrative Law provides subscribers with current and critical commentary on contemporary developments in administrative law.
The coverage of the journal encompasses civil and political rights, discrimination and refugees, discrimination, trade, commerce and revenue, and work and employment, among other topics. Included in each issue are a range of articles, book reviews, case notes and section notes. The articles and sections are written by recognised practitioners and academics.
Dr Damien J Cremean is a Melbourne Barrister. He is also a part-time Deputy Registrar of the Federal Court of Australia, on the Arbitration panel of the Maritime Law Association of Australia and New Zealand and Chair of the Business Licensing Authority and Motor Car Traders Claims Committee. He is also an elected Fellow of the Australian Centre for International Commercial Arbitration, a Senior Fellow of Monash Uni, an Adjunct Professor at the University of Queensland and an Adjunct Professor of Law at Murdoch University.
Dr Cremean has previously been the Deputy President of the Victorian Civil and Administrative Tribunal and has been a Senior Member on government appeal boards and tribunals.
Book Reviews – Dr Matthew Groves, Faculty of Law, Monash University
Casenotes – Rebecca Heath, Senior Associate, Squire Sanders, Perth
Civil and Political Rights – Steven Churches, Law School, University of South Australia
Discrimination and Refugees – Dr Paula Gerber, Deputy Director, Castan Centre for Human Rights Law and Associate Professor, Faculty of Law, Monash University
Trade, Commerce and Revenue – Justin Davidson, Senior Executive Lawyer, Australian Government Solicitor
Work and Employment – Dr Joo-Cheong Tham, Associate Professor, Melbourne Law School, The University of Melbourne; Associate Professor Beth Gaze, The University of Melbourne
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For the individual contents pages for each Part, click here.
The latest Part of the Australian Journal of Administrative Law includes three interesting articles. The first article comes from Justice Nye Perram and examines the orthodox position that judicial review is largely to be understood as involving the correction of jurisdictional excess. The second article is by Carolyn Adams who looks at the structural integration in the office of the Australian Information Commissioner. The final article is by Tom Spencer who argues that s 75(v) jurisdictional error surpasses the sovereignty of Parliament, as the Australian form of the rule of law. There is also a Work and Employment section note: “Are APS disciplinary processes “ahead of the game”? Amendments to the APS Code of Conduct”.
The December 2013 issue of the Australian Journal of Administrative Law includes the following articles: “Free to claim asylum? Australia’s protection of refugee women” – Bernice Carrick; “The hidden influences that limit governmental independence: Controlling the Ombudsman’s apparent independence” – Brogan Elliot; “Plaintiff M47/2012: Not just “a case about a regulation”” – Hannah M Martin. There is also a case note and a book review.
The last Part of Volume 20 of the Australian Journal of Administrative Law includes the following articles: “Understanding Dranichnikov: A new ground within a new label, or a less structured approach to judicial review?” – Jonathan Warren Hirsowitz; “The Independent Reviewer for Adverse Security Assessments: Comfort but not hope for indefinitely detained refugees” – Daniel Reynolds; and ““Remedying” the problems presented by privately provided human services: Reconsidering the public/private law divide” – Emily Rumble. There is also a Casenotes section and a Work and Employment section.
The latest Part of the Australian Journal of Administrative Law includes an article by Andrew Edgar which examines the difficulties that arise when applicants challenge decisions on the basis of improper application of legislative principles and an article by Stephen Tully which looks at Australia’s new legislative framework for the implementation of autonomous sanctions. There are also several section notes including “Discrimination and Refugees”; “Work and Employment”; “Civil and Political Rights”; “Trade, Commerce and Revenue” and “Casenotes”.
The latest Part of AJ Admin L includes two interesting articles and several interesting sections on various aspects of administrative law. The first article comes from Justice Chris Maxwell and asks whether the giving of reasons for administrative decisions a question of natural justice. The second article is by Anthony Gray who challenges the current understanding of “alien” in the context of s 51(xix) of the Constitution. The section notes include Book reviews, Casenotes, Trade, Commerce and Revenue, Civil and Political Rights. Not to be missed!
Thomson Reuters is pleased to announce the appointment of Associate Professor Beth Gaze as the joint Work and Employment Section Editor for the Australian Journal of Administrative Law, working alongside Dr Joo-Cheong Tham.
Editorial By Damien J Cremean A FAILURE OF KING REX Professor Lon L Fuller in The Morality of Law (1964) begins Ch 11 of his work with a fairly lengthy allegory based on the unhappy (but fortunately short) reign of King Rex. Professor Fuller tells us that Rex comes to the throne “filled with the ...more
The first Part of Volume 20 of the AJ Admin L publishes three articles of interest. The first comes from Amanda McBratney and Myles McGregor-Lowndes and looks at fair government contracts for community service provision. The second article is by Gail Pearson and examines some contemporary features of business self-regulation. The final article is by Kristy Richardson and examines the issue of the particularisation of occupational health and safety breaches in Queensland following the decision of the High Court in Kirk v Industrial Relations Commission (NSW).
The last Part of Volume 19 of the Australian Journal of Administrative Law includes an article by Matthew Groves which examines the principles governing the hypothetical observer in the bias rule, and an article by Yee-Fui Ng which looks at the structural relationship between the immigration tribunals and the Immigration Department and Minister. Also published in this Part are “Trade, commerce and revenue”, “Work and employment” and “Casenotes” sections, as well as the Index and Tables of Authors and Cases for the Volume.
The latest issue of the Australian Journal of Administrative Law includes articles discussing the importance of Kirk v Industrial Relations Commission (NSW) in the entrenchment of the jurisdiction of State Supreme Courts to review State administrative action, the tension between courts’ jurisdiction to address jurisdictional error and Parliament’s ability to expand decision makers’ jurisdiction, and the Hardiman principle as it applies to proceedings before merits review tribunals. There is also an Editorial, Casenotes, Book reviews and a Work and employment section.