Category: Judicial review (page 1 of 3)

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

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

Minister for Immigration and Border Protection v SZVFW: The High Court on Unreasonableness and The Role of Judicial Review

BY GRANT HOOPER

Five years after the decision in Minister for Immigration and Citizenship v Li (2003) (Li) the High Court in Minister for Immigration and Border Protection v SZVFW & Ors (2018) (SZVFW) has revisited the controversial … Read the rest

Removing the Goal Posts: Manipulation of ‘Country Information’ and Public Law

BY JOSEPH LAVELLE WILSON AND DOUGLAS MCDONALD-NORMAN

‘Country information’ is information about other countries, which plays an essential role in refugee status determination (RSD). In Australia, RSD is conducted by officers of the Department of Home Affairs and by the … 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

Fairness and Efficiency in the Migration ‘Fast Track’ Process

BY MARIA O’SULLIVAN

Case law dealing with migration has been highly influential in the development of administrative law in Australia, particularly in relation to procedural fairness. The High Court has developed a robust set of procedural fairness principles in the … Read the rest

Burns v Corbett: Courts, tribunals, and a new implied limit on state legislative power

BY STEPHEN MCDONALD

In Burns v Corbett, the High Court unanimously held that State tribunals that are not State courts cannot exercise judicial power with respect to any of the classes of matters listed in ss 75 and 76 … Read the rest

What is Administrative Law About? Power, Rights, and Judicial Culture in Australia

BY JOE MCINTYRE

Administrative Law has always exposed difficult constitutional fault lines. As the role of the State expanded, courts improvised responses to affect a broadly effective system of legal accountability for executive action. This evolution has, however, left a … Read the rest

Resolving some ‘anomalies’ and ‘snares’ in judicial review: Probuild Constructions

BY JANINA BOUGHEY

In 1958 Kenneth Culp Davis said of the common law principles of judicial review of administrative action:

An imaginary system cunningly planned for the evil purpose of thwarting justice and maximising fruitless litigation would copy the major

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The High Court on Constitutional Law: The 2017 Term Keynote Address to 2018 Constitutional Law Conference

BY JUSTIN GLEESON SC

 

This post is a keynote paper that was delivered by Justin Gleeson SC at the 2018 Constitutional Law Conference in Sydney. Noting that other papers at the conference covered individual cases from 2017, Mr Gleeson Read the rest

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