In the latter part of 2020, the Australian Law Reform Commission (ALRC) was tasked by the Federal Government to review the legislative framework for corporations and financial services regulation, with a view to ensuring, “within … existing policy settings”, that framework is “adaptive, efficient and navigable”. For the Royal Commission into Misconduct in the Banking, ...more
Posted in Company and Securities Law Journal (C&SLJ), Journals, News & Insight, Uncategorized | Tagged “Financial Services Laws – Understanding the Devil in the Detail”, ALRC, Andrew Godwin, Australian Law Reform Commission, Australian Law Reform Commission Legislative Mapping Project, Cindy Davies, consolidation, corporations and financial services regulation, credit, duties of loyalty, financial services, financial services regulation, Gail Pearson, harmonisation, issue or sale of securities and financial products, Justice Sarah Derrington, legislative framework, licensing regimes, M Scott Donald, mortgage broking services, navigability, options for reform, Phoebe Tapley, proliferation of delegated legislation, prospectus and product disclosure statement (PDS) regimes, providers of financial advice, regulation of disclosure, Rosemary Teele Langford, Royal Commission into Misconduct in the Banking, rule of law, Samuel Walpole, separation of powers, Special Issue, Superannuation, Superannuation and Financial Services Industry, superannuation funds, Tess Van Geelen, Vivienne Brand |
This Part includes the following articles: “Executive Detention in the Time of a Pandemic” – Anthony Gray; and “Deference as Non-jurisdictional Error” – Charlie Rotondo. Also in this Part are the following sections: Editorial: “Ministerial Adherence to the Law”; Casenote: “Northern Land Council v Quall [2020] HCA 33”; Current Issues: “Amenability of the Executive Power to Pardon to Judicial Review: Holzinger v Attorney-General (Qld) and Attorney-General (Cth) v Ogawa” – Samuel Walpole, Aaron Moss and William Isdale; and Book Review: “The Anatomy of Administrative Law”, by Joanna Bell – Reviewed by Mark Aronson.
Posted in Australian Journal of Administrative Law (AJ Admin L), Journals, Update Summaries | Tagged Aaron Moss, AJ Admin L, Amenability of the Executive Power to Pardon to Judicial Review: Holzinger v Attorney-General (Qld) and Attorney-General (Cth) v Ogawa, Anthony Gray, articles, book review, breach of lockdown measures, Casenote, Charlie Rotondo, City of Enfield v Development Assessment Commission, COVID-19 pandemic, Current issues, Deference as Non-jurisdictional Error, distinction between jurisdictional and non-jurisdictional errors of law, doctrine of deference, Dr Janina Boughey, Editorial, Executive Detention in the Time of a Pandemic, Greg Weeks, Joanna Bell, judicial review doctrine, legality of proposed detention, Mark Aronson, Matthew Groves, Ministerial Adherence to the Law, Nathalie Ng, Northern Land Council v Quall [2020] HCA 33, protection of the validity of an administrative decision, Samuel Walpole, separation of powers, The Anatomy of Administrative Law, William Isdale |
The latest Part of the Public Law Review includes the following content: Comments: “As Safe as Houses?: Commonwealth Continuing Detention of High Risk Terrorist Offenders” – Greg Carne; “The ‘Always Speaking’ Principle: Not Always Needed?” – Jacinta Dharmananda; Speech: “Chapter IV: The Inter-State Commission and the Regulation of Trade and Commerce under the Australian Constitution” – Stephen Gageler; and the following Articles: “Inside and Outside Criminal Process: The Comparative Salience of the New Zealand and Victorian Human Rights Charters” – Claudia Geiringer; “Executive Power” – K M Hayne; “Mistakes about Mistake of Fact: The New Zealand Story” – Hanna Wilberg; and Developments.
Posted in Journals, Public Law Review (PLR), Update Summaries | Tagged 'always speaking' principle, Bryson v Three Foot Six Ltd [2005] 3 NZLR 721; [2005] NZSC 34, Chapter IV of the Constitution, Charter of Human Rights and Responsibilities Act 2006 (Vic), Claudia Geiringer, Comments, comparison of New Zealand and Victorian human rights charters, continuing detention of high risk terrorist offenders, criminal process, developments, division of powers, executive power, Greg Carne, Hanna Wilberg, Inter-State Commission, Inter-State Commission Act 1912 (Cth), Jacinta Dharmananda, K M Hayne, mistakes about mistake of fact, New Zealand Bill of Rights Act 1990 (NZ), PLR, protection of Australian industry, regulation of trade and commerce, Ririnui v Landcorp Farming Ltd [2016] 1 NZLR 1056; [2016] NZSC 62, separation of powers, Speech, statutory bill of rights model, Statutory interpretation, Stephen Gageler, The Hon Kenneth Madison Hayne AC QC, Wheat Acquisition Act 1914 (NSW) |
The latest Part of the Public Law Review includes the following content: Comments: “Extraordinary Powers without Judicial Oversight: A Separation of Powers Dilemma” – Rebecca Ananian-Welsh; “Constitutional Recognition through a (Justiciable) Duty to Consult? Towards Entrenched and Judicially Enforceable Norms of Indigenous Consultation” – Megan Davis and Rosalind Dixon; “Revisiting the Scope of the Race Power after McCloy” – Harry Hobbs; and the following Articles: “Refining the Australian Counter-terrorism Legislative Framework: How Deliberative Has Parliament Been?” – Dominique Dalla-Pozza; “The Constitutional and Regulatory Dimensions of Plebiscites in Australia” – Paul Kildea; “The Entrenchment of Certiorari and Habeas Corpus: A Reconceptualisation of the Source and Content of Judicial Power” – Ying Hao Li and Kevin Ngo; and Book review: “Damages and Human Rights” – reviewed by Stephen Gageler.
Posted in Journals, Public Law Review (PLR), Update Summaries | Tagged Australian Citizenship Amendment (Allegiance to Australia) Act 2015 (Cth), book review, certiorari, Comments, Commonwealth Parliament, constitutional and regulatory framework, constitutional recognition, counter-terrorism legislation, counter-terrorism powers, Damages and Human Rights, deliberative democratic standards, detention warrants, Dominique Dalla-Pozza, Foreign Fighters, habeas corpus, Harry Hobbs, Indigenous consultation, Jason NE Varuhas, judicial oversight, judicial power, judicial review, Kevin Ngo, McCloy v New South Wales (2015) 89 ALJR 857, Megan Davis, national security, Paul Kildea, plebiscites, PLR, public law litigation, questioning warrants, race power, Rebecca Ananian-Welsh, Rosalind Dixon, s 75(v) of the Constitution, same-sex marriage, section 51(xxvi) of the Constitution, separation of powers, Stephen Gageler, Ying Hao Li |
The June issue of the Public Law Review is full of a range of interesting material, including an article on the meaning given to the interpretation provisions of statutory bills of rights across several jurisdictions, both within Australia and internationally, the difficulties associated with the separation of judicial power and on the role of judges in couter-terrorism questioning and detention. There are also Comments and Developments sections, as well as a book review.
Posted in Public Law Review (PLR), Update Summaries | Tagged ASIO, book reivew, counter-terrorism, developments, James Stellios, Kable doctrine, Luke Beck, PLR, Rebecca Walsh, role of judges, separation of powers, statutory bills of rights, voting rights |
By Hon RS French. Judges today are asked to perform a variety of non-judicial, administrative functions, such as issuing search warrants or preventative detention orders. But are these the kinds of things that judges should do?
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Public Law Review update: Vol 28 Pt 3
The latest Part of the Public Law Review includes the following content: Comments: “As Safe as Houses?: Commonwealth Continuing Detention of High Risk Terrorist Offenders” – Greg Carne; “The ‘Always Speaking’ Principle: Not Always Needed?” – Jacinta Dharmananda; Speech: “Chapter IV: The Inter-State Commission and the Regulation of Trade and Commerce under the Australian Constitution” – Stephen Gageler; and the following Articles: “Inside and Outside Criminal Process: The Comparative Salience of the New Zealand and Victorian Human Rights Charters” – Claudia Geiringer; “Executive Power” – K M Hayne; “Mistakes about Mistake of Fact: The New Zealand Story” – Hanna Wilberg; and Developments.