The ‘Ecological Limitation’: Exploring the Implications of Climate Change for the Australian Constitution

BY COSTA AVGOUSTINOS

The Australian climate litigation movement has recently made significant inroads into the field of negligence. In Sharma v Minister for the Environment (2021) (Sharma), the Federal Court held that the Minister for the Environment owes … Read the rest

The Commonwealth Ombudsman: still fit for purpose?

This is the seventh 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 ANITA Read the rest

Launch of the Feminist Judgments and Critical Judgments Projects website!

BY GABRIELLE APPLEBY AND ROSALIND DIXON

Last week, the Gilbert + Tobin Centre of Public Law was delighted that the Hon. Margaret McMurdo AC launched the Feminist Judgments and Critical Judgments Projects website (www.criticaljudgments.com). Margaret was the first … Read the rest

AJL20 v Commonwealth: Non-refoulement, indefinite detention and the ‘totally screwed’

BY SANGEETHA PILLAI

It’s coming up to the 30th birthday of Australia’s policy of mandatory immigration detention for non-citizens who do not hold a visa. Throughout its lifetime, the policy has remained a controversial cornerstone of Australia’s migration law … Read the rest

Parklands Darwin Pty Ltd v Minister for Infrastructure, Planning and Logistics [2021] NTSCFC 4: The ‘Direction Principle’ Diminished?

BY TRISTAN TAYLOR

Introduction

In 1996, the High Court struck down the validity of an ad hominem continuing detention legislative regime in the landmark case of Kable v Director of Public Prosecutions (1996) 189 CLR 51 (Kable). The … Read the rest

Public Law Events Roundup September 2021 

Welcome to the September edition of the AUSPUBLAW Australian Public Law Events Roundup. Before we get to the roundup, we would like to draw your attention to the following opportunity for law students:

Sir Anthony Mason Constitutional Law Essay Competition

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Delays in Parole Applications at the Parole Board Queensland: An Action in False Imprisonment?

BY ANNA KRETOWICZ

Introduction

In March 2021, there were an estimated 2,100 undecided new applications at the Parole Board Queensland (the Board). While administrative backlogs are undesirable (one need only think of the Administrative Appeals Tribunal, where a … Read the rest

Foreign influence and the implied freedom of political communication: LibertyWorks v Commonwealth

BY JOSH GIBSON

Introduction

On 16 June 2021, the High Court delivered its judgment in LibertyWorks Inc v Commonwealth of Australia [2021] HCA 18 (LibertyWorks v Commonwealth). The case centred on the Foreign Influence Transparency Scheme Act Read the rest

The Rise of Automated Decision-Making in the Administrative State: Are Kerr’s Institutions still ‘Fit for Purpose’?

This is the sixth 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 YEE-FUI NGRead the rest

Book forum on Shipra Chordia’s Proportionality in Australian Constitutional Law

AUSPUBLAW is pleased to present another of our occasional series of book forums. In this book forum, Craig Lenehan SC and Murray Wesson reflect on Shipra Chordia’s Proportionality in Australian Constitutional Law.

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