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; [2018] HCA 34; and Current Issues.
Posted in Australian Journal of Administrative Law (AJ Admin L), Journals, Update Summaries | Tagged “relevant considerations” ground of review, AJ Admin L, Casenote, Current issues, duty to consider, Editorial, Esther Pearson, Evan Leslie Taylor, fact review in asylum cases, Geoffrey Kennett SC, Greg Weeks, Hossain v Minister for Immigration and Border Protection (2018) 359 ALR 1; [2018] HCA 34, Judiciary Act 1903 (Cth), Justin Davidson, Katie Miller, Larissa Welmans, Loretta Foran, Matthew Groves, Nathalie Ng, refugee status determination, remedial invalidity in Australia and the UK, Stephen Tully |
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.
Posted in Australian Journal of Administrative Law (AJ Admin L), Journals, Update Summaries | Tagged A Theory of Legitimate Expectations for Public Administration, Administrative Decisions (Judicial Review) Act 1977 (Cth), AJ Admin L, Alexander Brown, automation for administrative law, bias of automated systems against administrative decisions, book review, Current issues, digitalisation and automation of government processes, Editorial, Full Federal Court of Pintarich v Deputy Commissioner of Taxation [2018] FCAFC 79, Georgina Westgarth, Greg Weeks, Janina Boughey, Justin Davidson, Katie Miller, Kristina Stern, Maria O’Sullivan, Matthew Groves, Minister for Immigration & Border Protection vs SZVFW (2018) 92 ALJR 713; [2018] HCA 30, right to know, Sarah Lim, standards of appellate review in public law, Stephen Tully, Yee-Fui Ng |
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 [2018] FCAFC 169; and Book Reviews.
Posted in Australian Journal of Administrative Law (AJ Admin L), Journals, Update Summaries | Tagged AJ Admin L, Australian Constitutional Values, book review, Building and Construction Industry Security of Payment Act 1999 (NSW), Casenote, Current issues, Editorial, Ellen Rock, Government Procurement (Judicial Review) Act 2018 (Cth), Greg Weeks, Janina Boughey, judicial review proceedings, Justice Rachel Pepper, Justin Davidson, Katie Miller, Matthew Groves, Minister for Immigration & Border Protection v Egan [2018] FCAFC 169, Nathalie Ng, Privacy Act 1988 (Cth), Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd (2018) 92 ALJR 248, remedies for data breach victims, Rosalind Dixon, Rose Dlougatch, Statutory interpretation, Stephen Tully, Steven Gardiner |
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; [2018] HCA 16 and BGH16 v Minister for Immigration and Border Protection [2018] FCCA 1009; and Book Reviews.
Posted in Australian Journal of Administrative Law (AJ Admin L), Journals, Update Summaries | Tagged "common assumption", AJ Admin L, BGH16 v Minister for Immigration and Border Protection [2018] FCCA 1009, Book reviews, Bruce Chen, casenotes, Current issues, Dan Meagher, declaratory relief and public law litigation, Duncan Wallace, Editorial, Greg Weeks, James Stellios, Janina Boughey, Justin Davidson, Katie Miller, Leigh Howard, Lisa Burton Crawford, Matthew Groves, Nathalie Ng, Nick Seddon, penalty privilege and self-incrimination privilege, Plaintiff M174/2016 v Minister for Immigration and Border Protection (2018) 92 ALJR 481; [2018] HCA 16, Stephen Tully, The Principle of Legality in Australia and New Zealand, The Rule of Law and the Australian Constitution, Tom Colwell, Victorian Civil and Administrative Tribunal, Williams v Commonwealth (2012) 248 CLR 156; [2012] HCA 23 (Williams 1) |
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 [2017] AATA 1002; and Book Reviews.
Posted in Australian Journal of Administrative Law (AJ Admin L), Journals, Update Summaries | Tagged 2017 Harry Whitmore Lecture, AJ Admin L, applicants for Australian Citizenship, Australian Citizenship Act 2007 (Cth), Book reviews, Bruce Dyer, Buttigieg v Comcare [2017] AATA 1002, Casenote, character test for Australian citizenship applicants, compellability of consideration, Current issues, dialogue and deference, Editorial, Emily Hammond, Greg Weeks, Janina Boughey, Jason Donnelly, John Basten, Justin Davidson, Kasper Maat, Katie Miller, Laura Hilly, legislation and administrative decision-making, Legitimate Expectations in the Common Law World, Matthew Groves, Nathalie Ng, procedural fairness to applicants for statutory rights, Reconstructing Judicial Review, reforms to Victoria's infringement system, s 38AA of Legal Professional Privilege and AAT Act, s 501(2) of the Migration Act 1958 (Cth), Sarah Nason, ss 501(2) and 501(6)(c) of the Migration Act 1958 (Cth), Stephen Tully |
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.
Posted in Australian Journal of Administrative Law (AJ Admin L), Journals, Update Summaries | Tagged Adam Fletcher, administrative decision-making under the Charter, AJ Admin L, application provision in s 6(2)(b) of the Charter, Bruce Chen, effect of the Charter on discretions of decision-makers, interpretive obligation under s 32(1) of the Charter, Introduction to Special Issue, Janina Boughey, judicial review and human rights, judicial review and the Charter, Justice Pamela Tate, limits of Section 38(1) of the Charter, Mark Aronson, Matthew Groves, Victoria’s Charter of Human Rights and Responsibilities Act 2006 (Vic) |
The latest Part of AJ Admin L includes the following articles: “Refugee Protection and State Security in Australia: Piecing Together Protective Regimes” – Peter Billings; “Characterising Migration Directions as Legislative Instruments: Implications for Judicial Review” – Christopher Chiam; and “Planning and Soft Law” – Greg Weeks and Linda Pearson. Also in this Part are the following sections: Current Issues; Casenotes; and Book Reviews.
Posted in Australian Journal of Administrative Law (AJ Admin L), Journals, Update Summaries | Tagged AJ Admin L, Book reviews, casenotes, characterisation of migration directions as legislative instruments, Christopher Chiam, Cowen and Zines’s Federal Jurisdiction in Australia, Current issues, Desiree Thistlewaite, Editorial, environmental planning and soft law, Gabrielle Appleby, Geoffrey Lindell, Greg Weeks, Janina Boughey, Joel Townsend, John Basten, Judicial Review of Administrative Action and Government Liability, Justin Davidson, Katie Miller, Khanh Hoang, legislative limitations on judicial review, Linda Pearson, Lisa Burton Crawford, Mark Aronson, Matthew Groves, Migration Act 1958 (Cth), Minister for Immigration & Border Protection v Le (2016) 244 FCR 56, Minister for Immigration & Border Protection v Tesic (2017) 251 FCR 23, Ministerial Advisers in Australia: The Modern Legal Context, Nathalie Ng, Peter Billings, principle of non-refoulement, Privacy Amendment (Notifiable Data Breaches) Act 2017 ((Cth)) (NDB Act), refugee protection and state security in Australia, refugee status determination, Section 499 of the Migration Act 1958 (Cth), Stephen Tully, the High Court in Graham, Yee-Fui Ng |
This Part includes the following articles: “Beyond ‘Validity’ – The Effect of Legally Infirm Administrative and Judicial Decisions” – Benjamin Coles; “How to Remain Relevant and Privileged: s 38AA of the Administrative Appeals Tribunal Act 1975” – Kasper Maat, Dr Laura Hilly and Chelsea Brain; “Accountability: A Core Public Law Value?” – Ellen Rock. Also in this Part are the following sections: Current Issues; Casenotes: Privacy Commissioner v Telstra Corp Ltd (2017) 262 IR 230; [2017] FCAFC 4; and Book Reviews.
Posted in Australian Journal of Administrative Law (AJ Admin L), Journals, Update Summaries | Tagged accountability, AJ Admin L, automated debt notices, Benjamin Coles, Book reviews, case notes, Centrelink, Chelsea Brain, core public law values, Current issues, Dr Laura Hilly, Editorial, Ellen Rock, Fiona Roughley, Gabrielle Appleby, Greg Weeks, James Regan, Janina Boughey, Justin Davidson, Kasper Maat, Katie Miller, legally infirm administrative and judicial decisions, Matthew Groves, Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18, Nathalie Ng, Peter Sutherland, privacy, Privacy Commissioner v Telstra Corp Ltd (2017) 262 IR 230; [2017] FCAFC 4, relevance and privilege, Robin Creyke, s 38AA of the Administrative Appeals Tribunal Act 1975 (Cth), Stephen Tully, The Role of the Solicitor-General: Negotiating Law Politics and the Public Interest, validity, Veterans’ Entitlements and Military Compensation Law |
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 |
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