Janina Boughey

Australian Journal of Administrative Law update: Vol 27 Pt 1

By Journal Alerts on June 1, 2020

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 [2019] 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.

Posted in Australian Journal of Administrative Law (AJ Admin L), Journals, Update Summaries | Tagged A(nother) New Unreasonableness Framework for Canadian Administrative Law, Administrative Redress in and out of the Courts, AJ Admin L, articles, asylum seekers, book review, Casenote, CNY17 v Minister for Immigration and Border Protection [2019] HCA 50, Delivering Reasons in the Tribunal Context, Dr Janina Boughey, Dr Maria O'Sullivan, Editorial, expedited merits review, fast-track scheme, Greg Weeks, Immigration Assessment Authority (IAA), Janina Boughey, Judicial Review of the Fast-track Asylum Seeker Assessment Process, Matthew Groves, Nathalie Ng, Speech, standards of review, Stephen Tully, The Hon Justice A S Bell, The Ongoing Quest to Define a Duty of Consistency, Tim Peyton | Leave a response

Public Law Review update: Vol 30 Pt 1

By Journal Alerts on June 11, 2019

The latest Part of the Public Law Review includes the following content: Comments: “Prisoner Voting in New Zealand’s Supreme Court” – Andrew Geddis; “Declarations of Inconsistency Under the New Zealand Bill of Rights Act 1990” – Philip A Joseph; “Breaking the Silence: New Zealand’s Courts and Parliament after Attorney-General v Taylor” – Léonid Sirota; the following Articles: “The Centrality of Jurisdictional Error: Rationale and Consequences” – Lisa Burton Crawford and Janina Boughey; “Popular Sovereignty, ‘the People’ and the Australian Constitution: A Historical Reassessment” – Benjamin B Saunders and Simon P Kennedy; “Res Judicata at the Administrative Appeals Tribunal: Re-opening the Case” – Matthew Paterson; and Developments.

Posted in Journals, Public Law Review (PLR), Update Summaries | Tagged Andrew Geddis, Australian Constitution and popular sovereignty, Benjamin B Saunders, Comments, Dan Meagher, developments, inconsistency under the New Zealand Bill of Rights Act 1990, Janina Boughey, jurisdictional error, Léonid Sirota, Lisa Burton Crawford, Matthew Paterson, NZ Courts and Parliament after Attorney-General v Taylor, Philip A Joseph, PLR, prisoner voting in New Zealand's Supreme Court, res judicata at the Administrative Appeals Tribunal (AAT), Simon P Kennedy | Leave a response

Australian Journal of Administrative Law update: Vol 26 Pt 1

By Journal Alerts on April 2, 2019

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 | Leave a response

Australian Journal of Administrative Law update: Vol 25 Pt 4

By Journal Alerts on February 18, 2019

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 | Leave a response

Australian Law Journal update: Vol 93 Pt 1

By Journal Alerts on January 24, 2019

The latest Part of the Australian Law Journal contains the following articles: “Interest Rates in Dispute Resolution: Comparing Simple Statutory Interest Against Compound Indices” – Ashton East; “An Asset Shared can be a Problem Doubled: Assignment of Causes of Action by a Liquidator” – Judge Robert Harper; and “The Difference between ss 84 and 85 of the Uniform Evidence Acts” – Greg Taylor. This Part also includes the following sections: Current Issues; Conveyancing and Property; Technology and the Law; Recent Cases; and Book Reviews.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged "The Future of Australian Legal Education" book launch, ALJ, Angelina Gomez, Anna Collyer, Ashton East, availability of damages for borrowing or opportunity costs, Book reviews, Brendan Edgeworth, causes of action by a liquidator, Conveyancing and property, Current issues, Greg Taylor, Ian Freckelton, Insolvency Law Reform Act 2016 (Cth), Janina Boughey, Judge Robert Harper, Justice François Kunc, Kerry Petersen, launch of ALJ special issue on Climate Change and the Law, Lisa Burton Crawford, Lyria Bennett Moses, Maria O’Sullivan, Melissa Castan, Professor Lesley Hughes, Public Law and Statutory Interpretation – Principles and Practice, Recent cases, Robert Angyal SC, Ruth C A Higgins SC, statutory interest rate against compound indices, Technology and the Law, Tensions and Traumas in Health Law, Uniform Evidence Act ss 84 and 85 | Leave a response

The Queensland Lawyer update: Vol 38 Pt 1

By Journal Alerts on November 26, 2018

The latest Part of The Queensland Lawyer includes the following content: “Priority Notices In, Settlement Notices Out” – William Dixon; “Of Mantraps and Spring Guns: Section 327 of the Criminal Code (Qld) in the 21st Century” – Xavier Goffinet, Harriet Lomas, James Meehan, Alexander Moore and Andreas Schloenhardt; and the following Sections: Criminal Law: “Re-Opening A Guilty Plea” – A M West; Industrial Law: “Breach of Duty of Care: Failure to Establish a Safe System of Work” – Dr Kristy Richardson; and Book Reviews. There is also a Report on the the following case: Johnston v Safaris CC.

Posted in Journals, Queensland Lawyer, The (Qld Lawyer), Update Summaries | Tagged Advocacy and Judging: Selected Papers of Murray Gleeson, Alexander Moore, Andreas Schloenhardt, Andrew West, Arie Freiberg, Book reviews, Brydie Bilic, criminal law, Daniel Reynolds, Dr Kristy Richardson, Editorial, Federal Circuit Court Judge Michael Jarrett, Gabriella Smith, Georgina Morgan, Harriet Lomas, Hugh Dillon, Industrial Law, James Meehan, Janina Boughey, Jessie Pomare, Johnston v Safaris CC, Judge Michael Shanahan DCJ, Leading Cases in Contract Law, Lisa Burton Crawford, Lyndon Goddard, mantraps and spring guns, Maria O’Sullivan, Melissa Castan, Pt 7A of the Land Title Act 1994 (Qld), Public Law and Statutory Interpretation, Qld Lawyer, Queensland Titles Registry, Regulation in Australia, Reports, Section 327 of the Criminal Code (Qld), settlement notices out, William Dixon, Xavier Goffinet | Leave a response

Australian Journal of Administrative Law update: Vol 25 Pt 3

By Journal Alerts on September 19, 2018

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) | Leave a response

Australian Journal of Administrative Law update: Vol 25 Pt 2

By Journal Alerts on September 4, 2018

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 | Leave a response

Australian Journal of Administrative Law update: Vol 25 Pt 1 (Special Issue on the Charter)

By Journal Alerts on August 29, 2018

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) | Leave a response

Australian Journal of Administrative Law update: Vol 24 Pt 4

By Journal Alerts on June 15, 2018

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 | Leave a response

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