Category: Administrative Law (page 1 of 6)

Seeing the New Administrative Law in a ‘green light’

This is the second 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 LYNSEY Read the rest

50 years after the Kerr Report: Is Australian administrative law still fit for purpose?

This is the first 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 JANINA Read the rest

Habeas Corpus, Jurisdiction, and Aboriginal-Identifying People in Immigration Detention: McHugh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 223

BY JAMES BARRETT

On 11 December 2020 the Full Court of the Federal Court delivered judgment for Mr McHugh. Mr McHugh claimed that he was being held in immigration detention unlawfully despite being Aboriginal, though he could not prove his … Read the rest

Northern Land Council v Quall – implications for the exercise of statutory functions by corporations

BY WILLIAM ISDALE AND SAMUEL WALPOLE

On 7 October the High Court delivered its judgment in Northern Land Council v Quall [2020] HCA 33 (NLC v Quall). On its face, the decision is about whether or not certain … Read the rest

How should a court respond to an immaterial error of law?

BY LISA BURTON CRAWFORD

In the recent case of ABT17 v Minister for Immigration and Border Protection, the High Court unanimously held that a decision of the Immigration Assessment Authority (‘IAA’) to refuse a protection visa to the applicant … Read the rest

Should an ongoing criminal investigation bar the return of unlawfully seized property?

BY JULES O’DONNELL

Earlier this year, the High Court unanimously ruled that the Australian Federal Police (AFP) had unlawfully searched journalist Annika Smethurst’s home in 2018. The Court held that the warrant for the search was invalid because it did … Read the rest

The Palmer Act

BY NICK SEDDON

This post introduces a very strange story. It is about the Western Australian government’s legislative attempt to shut down Mr Clive Palmer’s arbitration claims to an estimated $30 billion, an amount that is about equal to the … Read the rest

Accountability, discretion and the rule of law: Issues in pandemic policing

This is one of a special series of posts exploring the public law implications of the COVID-19 pandemic. For more information on the Gilbert + Tobin Centre’s work in the area of public law and public health, see here.Read the rest

Freedom of Expression and the Ban on Arabic in NSW Prisons – Analysing Hamzy v Commissioner of Corrective Services [2020] NSWSC 414

BY ALEXANDRA GREY

The NSW Supreme Court’s judgment in Hamzy v Commissioner of Corrective Services, handed down in April, upholds the legality of NSW’s English-only rules on communication by “extreme high risk restricted” (EHRR) inmates. It provides a rare … Read the rest

The Brett Cattle Case: Exploring the limits of delegated law-making powers

BY JANINA BOUGHEY

Justice Rares’s judgment in Brett Cattle Company Pty Ltd v Minister for Agriculture [2020] FCA 732 (“Brett Cattle”) has attracted a lot of attention for being a “landmark” ruling on the tort of misfeasance in … Read the rest

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