Category: Administrative Law (page 1 of 2)

Burns v Corbett: the latest word on State tribunals and judicial power

BY ANNA OLIJNYK

We live in an age of tribunals. Although tribunals existed at the time of federation, the framers of the Australian Constitution could never have imagined the prominence of administrative tribunals in our justice system today. Small wonder, … Read the rest

Administrative law and Centrelink’s “robodebt” system

BY MATTHEW BUTT

Centrelink’s new online system to streamline the identification and recovery of overpayments detected through data-matching became fully operational in July last year. It automatically sends a letter to current or former social security recipients in cases where … Read the rest

The UK’s Independent Reviewer of Terrorism: A Comparative Retrospective

BY JESSIE BLACKBOURN

At the end of February 2017, David Anderson QC will step down from the position of Independent Reviewer of Terrorism Legislation in the UK after six years in the job. It is not yet known who will … Read the rest

Chief Justice French on Non-Statutory Executive Power: A Timely Reflection

amanda-sapienzaBY AMANDA SAPIENZA

As the retirement of Chief Justice Robert French from the High Court draws closer, there will be many occasions for reflecting on his legacy. The focus of this post is on an area in which he perhaps … Read the rest

The Brandis-Gleeson affair – what does “consultation” mean?

Andrew Edgar photo

By ANDREW EDGAR

The recent dispute between the Commonwealth Attorney-General, Senator George Brandis QC, and the Commonwealth Solicitor-General, Justin Gleeson SC, related to the Legal Services Amendment (Solicitor-General Opinions) Direction 2016. The amendment required referral of legal issues to … Read the rest

The Principle of Legality and Section 32(1) of the Charter: Same Same or Different?

bruce-chen

BY BRUCE CHEN

The principle of legality and s 32(1) of the Charter of Human Rights and Responsibilities Act 2006 (Vic) (‘Charter’) are both directed at the interpretation of legislation with, broadly speaking, similar objectives directed at the protection of … Read the rest

When is finality trumped? Kirk and the principle of finality

Sarah-jane Morris

BY SARAH-JANE MORRIS

The High Court of Australia has repeatedly stated that it is a ‘central and pervading tenet of the judicial system’ that ‘controversies, once resolved, are not to be reopened except in a few, narrowly defined, circumstances’, such … Read the rest

Country Guidance Decisions in the UK and Australia

CD004_emailBY DOUGLAS MCDONALD

In the United Kingdom, the Immigration and Asylum Chamber of the United Kingdom Upper Tribunal (UKUT) produces ‘country guidance’ decisions on contemporary conditions in other nations for the purposes of determining refugee status. These decisions govern government … Read the rest

Public-Sector Whistleblowing and the Implied Freedom of Political Communication

RECENT POHOT - IMG_6847BY DANIELLE IRELAND-PIPER

Albert Einstein is reported to have observed that ‘the world is a dangerous place, not because of those who do evil, but because of those who look on and do nothing.’ Einstein reminds us of the importance … Read the rest

Refashioning ‘legitimate expectations’ in Australian administrative law: Minister for Immigration and Border Protection v WZARH

Author Photo - MOSS

BY AARON MOSS

On 4 November 2015, the High Court of Australia delivered judgment in Minister for Immigration and Border Protection v WZARH (‘WZARH’), dismissing an appeal from the Full Court of the Federal Court of Australia’s holding Read the rest

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