Introduction
The Commonwealth Administrative Appeals Tribunal (AAT) commenced operations in 1976. Over time its jurisdiction has been expanded and it now reviews a vast array of federal government decisions made under more than 400 Acts. The AAT … Read the rest “AAT: Importance, Independence and Appointments”
BY ANNA HUGGINS
The recent Full Federal Court decision in Pintarich v Deputy Commissioner of Taxation (‘Pintarich’) raises questions about the extent to which traditional administrative law doctrines are still fit for purpose in the digital age. In … Read the rest “Automated Processes and Administrative Law: The Case of Pintarich”
In those final days of August, when we watched, once again, an Australian political party overthrow the leader who led it to its last electoral victory, serious questions were raised about the eligibility of the protagonist, Mr … Read the rest “The Parliament, the Court of Disputed Returns, and the Solicitor-General”
BY SARAH HOOK AND ELEN SEYMOUR
In Coleman v Power, Kirby J said:
… Read the rest “Rotten Behaviour in the Coward’s Castle?”One might wish for more rationality, less superficiality, diminished invective and increased logic and persuasion in political discourse. But those of that view must find another
By ANNE TWOMEY
While the failure of Peter Dutton’s leadership challenge took some heat out of the question of his potential disqualification from Parliament, it left unresolved whether his seat has been vacated due to a breach of s 44 … Read the rest “Dressing Dutton Up as Lamb – Section 44 and the Competing Arguments for Disqualification and Exoneration of Peter Dutton”
The Adani mine has become synonymous with the ‘lawfare’ debate and issues relating to the suitability of review of mining decisions by courts. The first of the judicial review actions relating to Adani resulted in a consent … Read the rest “Public Accountability over major mining projects in Queensland”
BY GRANT HOOLE
On the 28th of February 2018, little more than two weeks before South Australian voters went to the polls to elect a new Liberal government, the state’s Independent Commissioner Against Corruption released a blistering report on … Read the rest “Two questions about the powers of anti-corruption commissions”
BY TERRY CARNEY
Robo-debts lack any legal foundation
Nearly two years after social security’s popularly-called ‘robo-debts’ began to be raised without any adequate proofs, Australia’s much vaunted justice machinery has failed to expose the emperor’s lack of (legal) clothes.
The … Read the rest “Robo-Debt Illegality: A Failure of Rule of Law Protections?”
BY ANNE TWOMEY
Such was the interest in the High Court’s judgment in Wilkie v Commonwealth and Australian Marriage Equality Ltd v Minister for Finance [2017] HCA 40 (hereafter ‘Wilkie’) that it caused the High Court’s web-site to … Read the rest “Wilkie v Commonwealth: A Retreat to Combet over the Bones of Pape, Williams, and Responsible Government”
On 27 July 2017, after an 18-month long battle fought on various fronts, including through the courts, the NSW Premier, the Hon Gladys Berejiklian, announced that the government would not proceed with all remaining proposed amalgamations of … Read the rest “Council Amalgamations in NSW: A Study in How Not to Tackle Hard Policy”
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