Category: Government integrity (page 1 of 3)

Judicial Review and Inferences about Briefing Notes

BY MATT FLORO AND JASPER BROWN

Briefing notes play a significant role in the formation of a statutory decision-maker’s opinion. If it can be inferred that a statutory decision-maker read and considered a briefing note together with the attachments to … Read the rest

AAT: Importance, Independence and Appointments

BY NARELLE BEDFORD

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

Automated Processes and Administrative Law: The Case of Pintarich

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

The Parliament, the Court of Disputed Returns, and the Solicitor-General

BY GABRIELLE APPLEBY

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

Rotten Behaviour in the Coward’s Castle?

BY SARAH HOOK AND ELEN SEYMOUR

In Coleman v Power, Kirby J said:

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

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Dressing Dutton Up as Lamb – Section 44 and the Competing Arguments for Disqualification and Exoneration of Peter Dutton

Anne Photos 003By 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

Public Accountability over major mining projects in Queensland

BY NARELLE BEDFORD

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

Two questions about the powers of anti-corruption commissions

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

Robo-Debt Illegality: A Failure of Rule of Law Protections?

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

Wilkie v Commonwealth: A Retreat to Combet over the Bones of Pape, Williams, and Responsible Government

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

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