Justin Davidson

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 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

Australian Journal of Administrative Law update: Vol 24 Pt 3

By Journal Alerts on October 27, 2017

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 | Leave a response

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

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: 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: 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

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