Category: Judicial review

The Principle of Legality and Section 32(1) of the Charter: Same Same or Different?

bruce-chen

BY BRUCE CHEN

The principle of legality and s 32(1) of the Charter of Human Rights and Responsibilities Act 2006 (Vic) (‘Charter’) are both directed at the interpretation of legislation with, broadly speaking, similar objectives directed at the protection of … Read the rest

When is finality trumped? Kirk and the principle of finality

Sarah-jane Morris

BY SARAH-JANE MORRIS

The High Court of Australia has repeatedly stated that it is a ‘central and pervading tenet of the judicial system’ that ‘controversies, once resolved, are not to be reopened except in a few, narrowly defined, circumstances’, such … Read the rest

Proposed repeal of s 487 of the EPBC Act: the end of litigation by environmental groups?

Andrew Edgar photoBY ANDREW EDGAR

As has been widely reported in recent weeks, in the wake of the successful Federal Court challenge to the Commonwealth government’s approval of the Adani Coal mine, the Government is proposing the repeal of s 487 of … Read the rest

Apprehended bias: a public critique of the fair-minded lay observer

Anna Olijnyk

BY ANNA OLIJNYK

The controversy surrounding Royal Commissioner Dyson Heydon AC QC has exposed the rule against apprehended bias to public scrutiny. And the public was not wholly impressed by what it saw.

Public lawyers should care about this: the … Read the rest

© 2017 AUSPUBLAW

Theme by Anders NorenUp ↑