Patrick Hossack

On the outskirts of Hobart Airport, where Holyman Avenue and Cranston Road meet the Tasman Highway, construction is set to begin on a new interchange. A Parliamentary Committee has considered and reported on the plans, clearing the way for work to begin. An aggrieved resident, claiming an interest in land adjacent to Cranston Parade, alleges that the works to be undertaken are not in fact the works that were considered by the Committee—the costs don’t add up, the roundabouts are absent, the works are in fact unlawful. This resident takes action against the contractors to prevent them proceeding. The State intervenes, seeking in turn to prevent the Court interrogating the contents of the Committee report to ascertain if the works contained within it are those same works currently taking place on the outskirts of Hobart Airport. The Committee has reported, and there can be no assessment of the contents of that report to contrast with the actual bitumen being laid under its auspices—even if the roundabouts are missing.

William Isdale and Nicholas Simoes da Silva

Last year marked the 120th anniversary of the Commonwealth statute book – an anniversary that offers an opportunity to reflect on the house of law we have built. There is much to be proud of: a house constructed from the timbers of Parliamentary sovereignty, with strong constitutional foundations.

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 for the Full Court was the interpretation of s 17 of the Crimes Act 1958 ...

Alan Robertson SC

Dr Amanda Sapienza’s Judicial Review of Non-Statutory Executive Action is an important work because it has as its centre of attention non-statutory executive action, rather than dealing with it, however well, in a more general context of public law. In this second category I would include, for …

Benedict Coxon

On 1 January 2020, the Human Rights Act 2019 (Qld) (QHRA) entered fully into force, including the interpretive provision contained in s 48, which was modelled on s 32 of the Charter of Human Rights and Responsibilities Act 2006 (Vic) (Charter) and s 30 of the Human Rights …

Ellen Rock

In May of this year, Bromberg J in the Federal Court handed down a key decision in climate change litigation which has made waves both within Australia and internationally. Sharma v Minister for the Environment [2021] FCA 560 was a negligence claim commenced in connection with an application to expand …