Matthew Groves

Australian Journal of Administrative Law update: Vol 26 Pt 2

By Journal Alerts on June 25, 2019

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.

Criminal Law Journal update: Vol 43 Pt 2

By Journal Alerts on June 11, 2019

The latest Part of the Criminal Law Journal includes the following articles: “Sexual Assault Law Reform in New South Wales: Why the Lazarus Litigation Demonstrates No Need for s 61HE of the Crimes Act to Be Changed (Except in One Minor Respect)” – Andrew Dyer; “Compulsorily Obtained Material and Interference with Criminal Processes” – Simon Frauenfelder; and “United States Sentencing Developments: The World’s Largest Mass Incarcerator Goes into Decarceration Mode” – Mirko Bagaric, Gabrielle Wolf and Daniel McCord. Also in this Part is an Editorial on the first sentence imposed under Victoria’s “One Punch” homicide laws; Case and Comment: “Public Interest Immunity: Procedural Alternatives to the ‘Binary’ Outcome” – Rachel Deane; and a Digest of Criminal Law Cases.

Posted in Criminal Law Journal (Crim LJ), Journals, Update Summaries | Tagged Andrew Dyer, Case and Comment, compulsorily obtained material and interference with criminal processes, Crim LJ, Daniel McCord, Digest of criminal law cases, Editorial, Gabrielle Wolf, Lazarus litigation, Matthew Groves, Mirko Bagaric, procedural alternatives to the "binary" outcome, Rachel Deane, reforms that will reduce prison numbers under Trump administration, s 2A(2)(a) of the Criminal Code Act 1924 (Tas), s 61HE of the Crimes Act 1900 (NSW), sentencing laws in the US, sexual assault reform in NSW, Simon Frauenfelder, Strickland (A Pseudonym) v Commonwealth Director of Public Prosecutions, Victoria's "One Punch" homicide laws | 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

Criminal Law Journal update: Vol 42 Pt 6

By Journal Alerts on February 4, 2019

The latest Part of the Criminal Law Journal includes the following articles: “A Life without Hope – The Victorian Charter and Parole” – Matthew Groves; and “Just Attribution of Criminal Liability: Consideration of Extended Joint Criminal Enterprise Post-Miller” – Jenny Richards and Luke McNamara. Also in this Part is an Editorial on permanent stays of criminal cases and public confidence in the courts; Case and Comment: “DS v The Queen: Tendency and Doli Incapax” – Sam Hartridge; Sentencing Review 2017-2018 – Lorana Bartels; and a Digest of Criminal Law Cases.

Posted in Criminal Law Journal (Crim LJ), Journals, Update Summaries | Tagged Case and Comment, Charter of Human Rights and Responsibilities 2006 (Vic), Crim LJ, Digest of criminal law cases, DS v The Queen, Editorial, extended joint criminal enterprise (EJCE), Jenny Richards, Lorana Bartels, Luke McNamara, Matthew Groves, Minogue v Victoria (2018) 92 ALJR 668 [79]; [2018] HCA 27, Sam Hartridge, Sentencing and Review, Victorian Charter and parole | 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

Criminal Law Journal update: Vol 42 Pt 3

By Journal Alerts on August 1, 2018

The latest Part of the Criminal Law Journal includes the following articles: “Australia’s Child Abuse Material Legislation: What’s the Artistic Merit Defence Got to Do with It?” – Dr Hadeel Al-Alosi; and “Keeping Vulnerable Offenders Out of the Courts: Lessons from the United Kingdom” – Tamara Walsh. Also in this Part is an Editorial on the incomplete right to counsel in criminal trials; Legislation Comment: “Police Powers and Responsibilities (Commonwealth Games) Amendment Act 2017 (Qld): Rethinking the Rules of the Games” – Daniel Rigden; Case and Comment: “Appellate Authority on the Role of the Prosecutor” – Kieran Fitzgerald and “Sentencing Young People for Federal Terrorism Offences” – Aneta Peretko; and a Digest of Criminal Law Cases.

Posted in Criminal Law Journal (Crim LJ), Journals, Update Summaries | Tagged Aneta Peretko, appellate authority on the role of the prosecutor, Case and Comment, Crim LJ, crime prevention and offender rehabilitation in the UK, Daniel Rigden, Digest of criminal law cases, Dr Hadeel Al-Alosi, Editorial, Hughes v The Queen (Hughes), incomplete right to counsel in criminal trials, keeping vulnerable people out of the courts, Kieran Fitzgerald, legislation comment, Matthew Groves, Mirko Bagaric, New South Wales (NSW) child abuse material legislation, Police Powers and Responsibilities (Commonwealth Games) Amendment Act 2017 (Qld), recidivism and vulnerable offenders, s 101.6(1) of the Criminal Code (Cth), sentencing young people for federal terrorism offences, Stephen Odgers SC, Tamara Walsh | Leave a response

Public Law Review update: Vol 29 Pt 2

By Journal Alerts on July 13, 2018

The latest Part of the Public Law Review includes the following content: Comments: “The Constitutional Price of Justice” – Matthew Groves and Jill Murray; “State Tribunals, Judicial Power and the Constitution: Some Practical Responses” – Anna Olijnyk and Stephen McDonald; “The French Court and the Kable Doctrine” – Fiona Wheeler; and the following Articles: “Evading Scrutiny: Orders for Papers and Access to Cabinet Information by the New South Wales Legislative Council” – Sharon Ohnesorge and Beverly Duffy; “After Kong Yunming v Director of Social Welfare: The Status of Socioeconomic Rights in Hong Kong” – Pok Yin S Chow; “Parliamentary Appointment or Popular Election? Breaking the Impasse on Models for an Australian ‘Westminster Republic'” – Michael Duffy, Steve Perryman and Anthony Cianflone; Book review: “Political Jurisprudence” – reviewed by Edward Willis; and Developments.

Posted in Journals, Public Law Review (PLR), Update Summaries | Tagged Anna Olijnyk, Anthony Cianflone, Australian “Westminster Republic”, Australian head of state, Beverly Duffy, Comments, constitutional price of justice, Dan Meagher, Edward Willis, Fiona Wheeler, FOI and access to cabinet documents, Hon Robert French AC, Janet McLean, Jill Murray, Kong Yunming v Director of Social Welfare, Matthew Groves, Michael Duffy, New South Wales Legislative Council, PLR, Pok Yin S Chow, Political Jurisprudence, Sharon Ohnesorge, state tribunals judicial power and the Constitution, Stephen McDonald, Steve Perryman, the French Court and the Kable Doctrine, The Hon Chief Justice Robert French AC | Leave a response

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