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Australian Journal of Administrative Law update: Vol 24 Pt 2

By Journal Alerts on June 9, 2017

This Part includes the following articles: “Who Decides the Validity of Executive Action? No-Invalidity Clauses and the Separation of Powers” – Lisa Burton Crawford; “Challenging Huynh: Incorrect Importation of the National Interest Term via the Back Door” – Jason Donnelly; “Merits Review and the 21st Century Tribunal” – Juliet Lucy. Also in this Part are the following sections: Current Issues; Casenotes: Construction Forestry Mining & Energy Union v Director, Fair Work Building Industry Inspectorate (2016) 91 ALJR 1; [2016] HCA 41; and a Book Review.

Posted in Australian Journal of Administrative Law (AJ Admin L), Journals, Update Summaries | Tagged 21st century tribunals, Administrative Law and Judicial Deference, AJ Admin L, Book reviews, casenotes, character test, Current issues, Editorial, Greg Weeks, Janina Boughey, Jason Donnelly, judicial review of executive action, Juliet Lucy, Justin Davidson, Katie Miller, legitimate expectation, Lisa Burton Crawford, Matthew Groves, Matthew Lewans, merits review, Minister for Immigration and Multicultural and Indigenous Affairs v Huynh (2004) 139 FCR 505; [2004] FCAFC 256, Nathalie Ng, national interest term, no-invalidity clauses, section 501(2) of the Migration Act 1958 (Cth), Stephen Tully | Leave a response

Introducing new co-General Editors for the Australian Journal of Administrative Law

By journals team on April 6, 2017

The latest issue of the Australian Journal of Administrative Law (Volume 24 Part 1) marks a new chapter for the Journal, as Dr Damien Cremean retires from his role as the General Editor of AJ Admin L after a very successful tenure spanning over a decade. He has also stepped down as General Editor of the Journal of Civil ...more

Posted in Australian Journal of Administrative Law (AJ Admin L), Journals, News & Insight | Tagged AJ Admin L, Current issues, Dr Damien Cremean, Dr Greg Weeks, Dr Janina Boughey, Dr Matthew Groves, Dr Stephen Tully, General Editor, Justin Davidson, Katie Miller, Section Editor | Leave a response

Australian Journal of Administrative Law update: Vol 24 Pt 1

By Journal Alerts on April 5, 2017

The latest Part of AJ Admin L features a tribute to outgoing General Editor Dr Damien Cremean, written by the new team of co-General Editors, Dr Greg Weeks and Professor Matthew Groves; and also signals a new “Current Issues” section format for future editions of the journal. This Part includes the following articles: “Balancing the Discretionary Seesaw: Are Community Values an Appropriate Guide for the AAT’s ‘Preferable’ Decisions?” – Madeleine Harkin; “The Function of s 75(v) of the Constitution” – Lindsay Muir; “Australian Ombudsmen: Drafting a Blueprint for Reform” – Anita Stuhmcke. Also in this Part are the following sections: Current Issues; and Book Reviews.

Posted in Australian Journal of Administrative Law (AJ Admin L), Journals, Update Summaries | Tagged "preferable" decisions, Administrative Appeals Tribunal, AJ Admin L, Anita Stuhmcke, AS v Minister for Immigration and Border Protection (Ruling No 4) (2016) 310 FLR 166; [2016] VSC 351, Australian Ombudsmen, Book reviews, community values, Controlling Administrative Power: An Historical Comparison, Current issues, Daniel Reynolds, discretionary decision-making power, Dr Greg Weeks, Dr Janina Boughey, Dr Stephen Tully, Editorial, Immigration and Border Protection v SZSSJ; Minister for Immigration and Border Protection v SZTZI (2016) 90 ALJR 901; [2016] HCA 29, Justin Davidson, Katie Miller, Leading Cases in Australian Law: A Guide to the 200 Most Frequently Cited Judgments, Lindsay Muir, Lyndon Goddard, Madeleine Harkin, no-invalidity clauses, non-arbitrary government, Peter Cane, Professor Matthew Groves, review for jurisdictional error, Robin Creyke, Section 75(v) of the Constitution, Soft Law and Public Authorities: Remedies and Reform | Leave a response

Congratulations to Justices Kiefel and Edelman

By journals team on December 5, 2016

Thomson Reuters offers its warmest congratulations to the Hon Justice Susan Kiefel AC on her appointment as Chief Justice of the High Court of Australia, and to the Hon Justice James Edelman on his appointment to the Court. Their Honours will begin their terms in the Court’s first sitting of 2017. Both are exceptional appointments. Justice Kiefel’s ...more

Posted in Australian Journal of Administrative Law (AJ Admin L), Australian Law Journal, The (ALJ), Journals, Public Law Review (PLR), Uncategorized | Tagged AJ Admin L, ALJ, Chief Justice Susan Kiefel AC, High Court of Australia, Justice James Edelman, Justice Susan Kiefel, PLR | Leave a response

Australian Journal of Administrative Law update: Vol 23 Pt 4

By Journal Alerts on December 1, 2016

The latest Part of AJ Admin L includes the following article: “A man for all seasons? The fair minded observer and royal commissioners” – Matthew Groves. Also in this Part are the following sections: Work and Employment; Trade, Commerce and Revenue; Casenotes (AMF15 v Minister for Immigration & Border Protection); Immigration and International Aspects; and Book Reviews.

Posted in Australian Journal of Administrative Law (AJ Admin L), Journals, Update Summaries | Tagged age discrimination, AJ Admin L, AMF15 v MInister for Immigration & Border Protection (2016) 241 FCR 30, animals, AS v Minister for Immigration & Border Protection (Ruling No 4) (2016) 310 FLR 166; [2016] VSC 351, Beth Gaze, bias rule, Book reviews, casenotes, commercial barristers, Damien J Cremean, disability discrimination, Editorial, Gemma McKinnon, Greg Weeks, Hayley Hooper, Immigration and International Aspects, Jason N E Varuhas, Joanna Howe, John Bell, John Levingston, Judicial Commission (Vic), Justin Davidson, Mark Elliott, Matthew Groves, Minister for Immigration & Border Protection v SZSSJ; Minister for Immigration & Border Protection v SZTZI (2016) 90 ALJR 901; [2016] HCA 29, Murray Hunt, Nathalie Ng, Parliament and Human Rights: Redressing the Democratic Deficit, Paul Yowell, Philip Murray, Plaintiff M68/2015 v Minister for Immigration & Border Protection (2016) 90 ALJR 297; [2016] HCA 1, Plaintiff S99/2016 v Minister for Immigration & Border Protection [2016] FCA 483, public law, Public Law Adjudication in Common Law Systems: Process and Substance, royal commissions, Sarah-Jane Morris, Stephen Tully, The Law of Tribunals: Annotated Civil and Administrative Tribunal Act 2013 (NSW), Trade commerce and revenue, Validity of Determination IMMI 15/140 (3 December 2015), value of commercial litigation, Willing to Work national inquiry, Work and Employment | Leave a response

Australian Journal of Administrative Law update: Vol 23 Pt 2

By Journal Alerts on May 22, 2016

The latest Part of AJ Admin L includes the following articles: “Operation Sovereign Borders and interdiction at sea: CPCF v Minister for Immigration and Border Protection” – Peter Billings; “Natural justice: For every man and his dog” – Elliott Cook; and “Seeking the release of Commonwealth documents: A foray into the Archives Act” – Ian Latham. Also in this Part are the following sections: Casenotes; Immigration and International Aspects; Discrimination and Refugees; and Book Reviews.

Posted in Australian Journal of Administrative Law (AJ Admin L), Journals, Update Summaries | Tagged 457 visa program, Administrative Appeals Tribunal Act, AJ Admin L, apprehended bias, Archives Act 1983 (Cth), assessment for claims for asylum, Associate Professor Peter Billings, Australian Passports Act 2005 (Cth), Book reviews, caretaker conventions, caretaker period, casenotes, Cases & Commentary (4th ed), China-Australia Free Trade Agreement (ChAFTA), Control of Government Action: Text, CPCF v Minister for Immigration & Border Protection (2015) 89 ALJR 207; [2015] HCA 1, Damien J Cremean, Discrimination and refugees: human rights breaches, Duncan v Independent Commission Against Corruption (2015) 89 ALJR 835; [2015] HCA 32, Editorial, Elliott Cook, Greg Weeks, Hanna Wilberg, Ian Latham, identity theft, Immigration and International Aspects, Independent Commission Against Corruption v Cunneen (2015) 89 ALJR 475; [2015] HCA 14, Isbester v Knox City Council (2015) 89 ALJR 609, Janina Boughey, John McMillan, Lindsay Muir, maritime powers, Maritime Powers Act 2013 (Cth), Mark Elliott, Mark Smyth, Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth), Minister for Immigration & Border Protection v WZARH (2015) 90 ALJR 25; [2015] HCA 40, Nathalie Ng, natural justice, non-refoulement obligations, Operation Sovereign Borders and interdiction at sea, Paula Gerber, Plaintiff S10/2011 v Minister for Immigration & Citizenship (2012) 246 CLR 636, public interest certificate, Re Fernandes and National Archives of Australia (2014) 63 AAR 265; [2014] AATA 180, Refugees Convention, release of Commonwealth Government documents, Richard Travers, Robin Creyke, Ruddock v Vadarlis (2001) 110 FCR 491, sexual orientation or gender identity, Spyridon Flogaitis, statutory retirement age, Stephen Tully, subclass 457 visa holders, Tampa case, tenure of judges, The Evolution of Law and the State in Europe: Seven Lessons, The Scope and Intensity of Substantive Review: Traversing Taggart's Rainbow | Leave a response

Australian Journal of Administrative Law update: November 2015

By Journal Alerts on December 11, 2015

The latest Part of AJ Admin L includes the following articles: “When jurisdictional errors are not remedied: Refusal of constitutional relief on discretionary grounds” – Matthew Alderton; and “The benefit of law, the devil and the Jia litigation” – Alan Freckelton. Also in this Part are the following sections: Trade, Commerce and Revenue; Casenotes; Work and Employment; and Book Reviews.

Posted in Australian Journal of Administrative Law (AJ Admin L), Journals, Update Summaries | Tagged Administrative Appeals Tribunal, Administrative Justice and its Availability, AJ Admin L, Alan Freckelton, Beth Gaze, Book reviews, Canada and Australia, casenotes, Commerce and Revenue, constitutional relief, decision-making power, Discrimination, good character, Greg Weeks, Hon Mr Justice Clive Lewis QC, Isbester v Knox City Council (2015) 89 ALJR 609; [2015] HCA 20, Joanna Howe, Judicial Remedies in Public Law, judicial review, jurisdictional errors, Justice Debra Mortimer, Justin Davidson, Let Me Be a Refugee: Administrative Justice and the Politics of Asylum in the United States, Matthew Alderton, merits review, Minister for Immigration & Multicultural Affairs v Jia Legeng (2001) 205 CLR 507, Natalie Ng, Rebecca Hamlin, s 75(v) of the Constitution, Trade, Work and Employment | Leave a response

Australian Journal of Administrative Law update: August 2015

By Journal Alerts on October 27, 2015

The latest Part of AJ Admin L includes the following articles: “Judicial review of police decisions to not investigate reported crimes: The barriers to success” – Edward Elliott; “The power of an administrative tribunal to inform itself” – Matthew Groves; and “Jurisdictional error and no-invalidity clauses at State level: Does the High Court still hold all the cards?” – Giridhar Kowtal. Also in this Part are the following sections: Work and employment; Immigration and international aspects; Casenotes; and a Book review.

Posted in Australian Journal of Administrative Law (AJ Admin L), Update Summaries | Tagged administrative tribunal, AJ Admin L, application for writ of mandamus, as it thinks fit, Beth Gaze, book review, casenotes, consistent legislation, cultural values, decision-maker's jurisdiction, doctrine of official notice, Editorial, Edward Elliott, Fair Work Commission, Giridhar Kowtal, Greg Weeks, Immigration and International Aspects, immigration reform, Independent Commission Against Corruption v Cunneen (2015) 89 ALJR 475; [2015] HCA 14, Information Rights Law and Practice, invalid decision, Joanna Howe, judicial review, jurisdictional error, Kirk v Industrial Court (NSW) (2010) 239 CLR 531, Matthew Groves, Nathalie Ng, nature of public duty of police, no-invalidity clause, Norfolk Island, people smuggling, Philip Coppel QC, police accountability, police decisions not to investigate, police discretion, police power, power to inform itself, privative clauses, procedural power, provide justice in a less formal but fair manner, public/private law divide, Regional Processing Centre Nauru conditions, reported crimes, State level, statutory power, Stephen Tully, trafficking in persons, transnational crime, unfair dismissal dispute conference, Work and Employment | Leave a response

Australian Journal of Administrative Law update: May 2015

By journals team on May 19, 2015

The latest Part of AJ Admin L includes the following articles: “Deference” – Stephen Gageler; “Judicial review of administrative decisions: Should there be a 21st-century rethink?” – Steven Rares; “How statutory interpretation sustains administrative law” – Jeffrey Barnes; and “Falling asleep at its master’s feet? The Kable principle and Royal Commissions” – Brian Mason. Also in this Part are the following sections: Trade, commerce and revenue; Immigration and international aspects; Casenotes; and Book reviews.

Posted in Australian Journal of Administrative Law (AJ Admin L), Update Summaries | Tagged AJ Admin L, Australian Communications and Media Authority v Today FM (Sydney) Pty Ltd, Book reviews, Brian Mason, casenotes, CPCF v Minister for Immigration & Border Protection, deference, Immigration and International Aspects, Jeffrey Barnes, judicial review of administrative decision, Justin Davidson, Kable principle, Nathalie Ng, R v Hickman; Ex parte Fox (1945) 70 CLR 598, royal commissions, Statutory interpretation, Stephen Gageler, Stephen Tully, Steven Rares, Trade commerce and revenue | Leave a response

Australian Journal of Administrative Law update: February 2015

By journals team on February 25, 2015

The latest Part of the Australian Journal of Administrative Law includes the following articles: “Effect of privative clauses on judicial review of immigration decisions” – Alan Freckelton; “Prosecutorial discretion and the decision to grant an occupational health and safety enforceable undertaking” – Dr Kristy Richardson; and “The Future Fund: Peculiarities of the Future Fund Act 2006 (Cth)” – Franqui Stoschek. There is also a Casenote and three book reviews.