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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

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 Law Journal update: Vol 90 Pt 12

By Journal Alerts on November 18, 2016

The latest Part of the Australian Law Journal includes the following articles: “Unconscionability and promissory estoppel” – Acting Justice Peter Young AO; and “Human rights and business lawyers: The 2011 watershed” – John Southalan. Also in this Part are the following sections: Current Issues; Conveyancing and Property; Around the Nation: Australian Capital Territory; Around the Nation: Queensland; Around the Nation: Victoria; Competition and Consumer Law; Recent Cases (Prince Alfred College Inc v ADC; Façade Treatment Engineering Pty Ltd (In liq) v Brookfield Multiplex Constructions Pty Ltd; R (Ingenious Media Holdings plc) v Commissioners for HMRC); and Book Reviews.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged "Access to Justice" review, "The Future of Law and Innovation in the Profession", “In Freedom’s Cause”, accrued rights, Acting Justice Peter Young AO, ALJ, Angelina A Gomez, Around the nation: Australian Capital Territory, Around the nation: Queensland, Around the Nation: Victoria, Ashley Black, Attorney-General Simon Corbell, audio-visual links, Blick v Franklin (2016) 76 MVR 2; [2016] ACTCA 17, book review, business lawyers, by-laws, competition and consumer law, Conveyancing and property, Current issues, Façade Treatment Engineering Pty Ltd (In liq) v Brookfield Multiplex Constructions Pty Ltd [2016] VSCA 247, Greg Weeks, human rights, incapacitated beneficiaries, Industrial Relations Commission (IRC), John McKenna QC, John Southalan, Justice Clyde Croft, Justice François Kunc, Justice John Dominic Burns, Justice Michael Elkaim, Ken Archer, landlords and tenants, legal education, legal history, Limitation of actions, liquidated damages, Magna Carta, moral obloquy, NSW Industrial Court, OECD Guidelines for Multinational Enterprises, owners corporations, performance guarantees, Peter Butt, Peter Dingwall, Prince Alfred College Inc v ADC (2016) 90 ALJR 1085; [2016] HCA 37, Prior v Queensland University of Technology [No 2] [2016] FCCA 2853, Professor Jennifer Hill, Professor Randall Thomas, Promissory Estoppel, public lectures, R (Ingenious Media Holdings plc) v Commissioners for HMRC [2016] UKSC 54, Rachael Gray, Recent cases, recidivism, Research Handbook on Shareholder Power, Robert Baxt AO, Ruth C A Higgins, Saunders v Vautier, secondary schools, section 18C of the Racial Discrimination Act 1975 (Cth), Shane Gill, short-stay accommodations, short-term letting, Soft Law and Public Authorities: Remedies and Reform, strata law, Supreme Court of the ACT, TI v The Queen [2015] ACTCA 62, unconscionability | Leave a response

Public Law Review update: September 2016

By Journal Alerts on September 8, 2016

The latest Part of the Public Law Review includes the following content: Comments: “The Strathclyde Review on Secondary Legislation and the Primacy of the House of Commons: Possible Lessons for Australia” – Stephen Argument; “Plaintiff S99/2016 and the Expansion of the Principle of Legality” – Bruce Chen; and the following Articles: “The Making of New Zealand’s Foreign Fighter Legislation: Timely Response or Undue Haste?” – John Ip; “Regency in the Realms” – Anne Twomey; “Reconciling Hong Kong’s Final Authority on Judicial Review with the Central Authorities in China: A Perspective from ‘One Country, Two Systems'” – Shucheng Wang; Book Reviews: “Feminist Judgments: Rewritten Opinions of the United States Supreme Court” – Rosalind Dixon; “Soft Law and Public Authorities: Remedies and Reform” – Alan Robertson; and Developments.

Posted in Journals, Public Law Review (PLR), Update Summaries | Tagged “One Country, Alan Robertson, Anne Twomey, Basic Law of the Hong Kong Special Administrative Region, Book reviews, Bridget J Crawford, Bruce Chen, Comments, Countering Terrorist Fighters Legislation Bill (NZ), developments, Feminist Judgments: Rewritten Opinions of the United States Supreme Court, Greg Weeks, Hong Kong, House of Commons, John Ip, judicial review, Kathryn M Stanchi, Linda L Berger, National People’s Congress Standing Committee, New Zealand, Plaintiff S99/2016 v Minister for Immigration and Border Protection [2016] FCA 483, PLR, principle of legality, Regency Act 1937 (UK), Rosalind Dixon, Secondary Legislation, Shucheng Wang, Soft Law and Public Authorities: Remedies and Reform, Stephen Argument, Strathclyde Review, theory of mutual deference, Two Systems” | Leave a response

Australian Journal of Administrative Law update: Vol 23 Pt 3

By Journal Alerts on August 22, 2016

The latest Part of AJ Admin L includes the following articles: “The evolution of the duty of decision-makers to give reasons” – Ronald Sackville; “Why do we have rules of procedural fairness?” – James Edelman; “Natural justice or procedural fairness” – Justice Alan Robertson and “The stakes of procedural fairness: Reflections on Australian position” – Kristen Rundle. Also in this Part are the following sections: Immigration and International Aspects, Work and Employment, Casenotes and Book Reviews.

Posted in Australian Journal of Administrative Law (AJ Admin L), Journals, Update Summaries | Tagged "black babies", [2015] HCA 51, 159 CLR 656, 90 ALJR 213, adequacy of reasons, administrative authority, articles, Beth Gaze, Book reviews, cogent reasons, Commonwealth public service, dignitarian, duty of decision-makers to give reasons, Freedom of Information and Privacy in Australia, Greg Weeks, Higher Education and the Law, immigration, Indigenous employees, Information Access 2.0, international aspects, James Edelman, Joan Squelch, Joanna Howe, Judges and the Academy seminar, Justice Alan Robertson, Justice Chris Maxwell, Kristen Rundle, Moira Paterson, morality, natural justice, Patty Kamvounias, practice, procedural fairness, Professor Adrienne Stone, Professor Jeff Goldsworthy, Public Service Board (NSW) v Osmond, reasons for decisions, Ronald Sackville, Sally Varnham, statutory decision-makers, Stephen Tully, 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: 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.

Posted in Australian Journal of Administrative Law (AJ Admin L), Update Summaries | Tagged AJ Admin L, Alan Freckelton, Book reviews, Dr Kristy Richardson, enforceable undertaking, Franqui Stoschek, Future Fund Act 2006 (Cth), Greg Weeks, immigration decisions, judicial review, Nathalie Ng, occupational health and safety, privative clauses, prosecutorial discretion, RV Investments (Aust) Pty Ltd v Federal Commissioner of Taxation [2014] FCA 1169 | Leave a response

Australian Journal of Administrative Law update: November 2014

By journals team on January 13, 2015

The latest Part of the Australian Journal of Administrative Law includes the following articles: “Someone to watch over me: Use of FOI requests by the tobacco industry” – Andrew D Mitchell and Tania Voon; “Executive detention and the Australian Constitution” – Anthony Gray; and “What is “fair” and “reasonable” depends a lot on your perspective” – Chris Wheeler. Also in this Part are the following sections: Editorial, Immigration and International Aspects, Casenotes, Work and Employment, and Book Reviews.