Kirk v Industrial Relations Commission (NSW)
The first Part of Volume 20 of the AJ Admin L publishes three articles of interest. The first comes from Amanda McBratney and Myles McGregor-Lowndes and looks at fair government contracts for community service provision. The second article is by Gail Pearson and examines some contemporary features of business self-regulation. The final article is by Kristy Richardson and examines the issue of the particularisation of occupational health and safety breaches in Queensland following the decision of the High Court in Kirk v Industrial Relations Commission (NSW).
The final Part for 2011 of The Queensland Lawyer includes articles on the practical impact of the Retail Shop Leases Act 1994 (Qld) and pool safety in Queensland. There are also several section notes on a wide variety of subjects, including Administrative Law, Conveyancing and Property Law, Criminal Law, Industrial Law and Tort Law. There is also a book review and two reports.
The October 2011 issue of the Northern Territory Law Journal includes articles on Crown appeals with relation to double jeopardy, the court’s duty to ascertain jurisdiction and the Territory Supreme Courts and Kirk v Industrial Relations Commission (NSW). This Part also includes case notes and a note on the centenary ceremonial sitting of the Supreme Court of the Northern Territory.
By Chris Finn. In Kirk v Industrial Relations Commission (NSW) (2010) 239 CLR 531, the High Court has made a strong statement setting out a clear Ch III basis for supervisory judicial review of inferior courts and tribunals acting under State legislation. The corollary is that privative clauses will be of limited effect, being unable to validly exclude review for jurisdictional error.