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
Category: Executive Power (page 1 of 2)
BY 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
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
“You CAN handle the … trial of defence members for any offence,” High Court tells Military Tribunals
BY Introduction
The Commonwealth Constitution embodies a separation of judicial power from executive and legislative power. While the boundaries between each species of power are not sharply defined, it has long been accepted that “convictions for offences … Read the rest
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
Introduction
Delegated legislation has become the principal form of lawmaking in Australia’s legal system. By volume, it makes up the majority of new federal law that is made each year. It is everywhere, touching upon nearly all … Read the rest
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
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
BY JEFF GORDON
Is it consistent with the rule of law that a grave overstep of government power is merely paid for when it can be easily reversed? In Smethurst v Commissioner of Police [2020] HCA 14, the High Court … Read the rest
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
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