A principled approach to key reforms of Australia’s administrative review system

This is the final in a special series of posts on the 50th anniversary of the Kerr Report, examining whether Australian administrative law is still fit for purpose. To see other posts in this series, click here.

BY GABRIELLE Read the rest

Alienage and Citizenship after Chetcuti v Commonwealth

BY GUY BALDWIN

Since the shift in focus for supporting Commonwealth migration legislation from the ‘immigration’ power under s 51(xxvii) of the Constitution to the ‘aliens’ power under s 51(xix) in the 1980s, there has been a great deal … Read the rest

An Intangible Way Forward: The Juukan Gorge Inquiry and the Future of First Nations Heritage Law in Australia

BY LUCAS LIXINSKI

This post is one in a two-part special series looking at the report of the parliamentary inquiry into the destruction of 46,000 year old caves at the Juukan Gorge in the Pilbara region of Western Australia. See Read the rest

Western Australia after the Juukan Gorge Inquiry: Little solace for Aboriginal people

BY HANNAH MCGLADE

This post is one in a two-part special series looking at the report of the parliamentary inquiry into the destruction of 46,000 year old caves at the Juukan Gorge in the Pilbara region of Western Australia. See Read the rest

The Australia’s Foreign Relations Act and the international dealings of state and territory governments

BY GEORGIE CLOUGH

Introduction 

On 21 April 2021, the Commonwealth Minister for Foreign Affairs (the Ministerannounced the cancellation of two memoranda of understanding between the Victorian state government and the Chinese government with respect to the latter’s Read the rest

Can Clive Palmer use Investor-State Dispute Settlement to get what the High Court wouldn’t give him?

BY JONATHAN BONNITCHA

This is the second of two posts AUSPUBLAW is featuring on the High Court’s Decision in Mineralogy v WA. Anne Twomey’s accompanying post is here.

The High Court’s decisions in Mineralogy v WA and Palmer Read the rest

Manner and form mysteries highlighted but unresolved in Mineralogy v WA

BY ANNE TWOMEY

This is the first of two posts AUSPUBLAW is featuring on the High Court’s Decision in Mineralogy v WA. Jonathan Bonnitcha’s accompanying post is here.

One of the difficulties in understanding and applying manner and Read the rest

Public Law Events Roundup December 2021

Welcome to the December edition of the AUSPUBLAW Australian Public Law Events Roundup. We would firstly like to draw your attention to the following opportunity for public law teachers:

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Public Law in the Classroom Workshop 2022
Gilbert + Tobin Centre of Public

Read the rest

The Kerr Report, 50 Years On: An Overseas Overview

This is the tenth in a special series of posts on the 50th anniversary of the Kerr Report, examining whether Australian administrative law is still fit for purpose. To see other posts in this series, click here.

BY PAUL Read the rest

Re-enacting ‘plainly wrong’ interpretations – a divided High Court in Director of Public Prosecutions Reference No 1 of 2019 [2021] HCA 26

BY JOSEPH MCDONALD

On 1 September 2021, the High Court handed down its judgment on a novel question of statutory interpretation in Director of Public Prosecutions Reference No 1 [2021] HCA 26 (DPP Reference No 1). The question … Read the rest

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