Category: Judicial review (page 1 of 5)

Corruption and Human Rights Sanctions in Australia: Where Public Law Meets Foreign Policy

BY ANTON MOISEIENKO

Introduction

In 2020, the Australian Parliament’s Joint Standing Committee on Foreign Affairs, Defence and Trade (JSCFADT) held an inquiry into the potential introduction of corruption and human rights sanctions, also referred to as ‘Magnitsky’ sanctions. … Read the rest

Delays in Parole Applications at the Parole Board Queensland: An Action in False Imprisonment?

BY ANNA KRETOWICZ

Introduction

In March 2021, there were an estimated 2,100 undecided new applications at the Parole Board Queensland (the Board). While administrative backlogs are undesirable (one need only think of the Administrative Appeals Tribunal, where a … Read the rest

The Rise of Automated Decision-Making in the Administrative State: Are Kerr’s Institutions still ‘Fit for Purpose’?

This is the sixth 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 YEE-FUI NGRead the rest

Superimposing private duties on the exercise of public powers: Sharma v Minister for the Environment

 BY ELLEN ROCK

In May of this year, Bromberg J in the Federal Court handed down a key decision in climate change litigation which has made waves both within Australia and internationally. Sharma v Minister for the Environment [2021] FCA Read the rest

Overcoming Graham: The s 75(v) constitutional guarantee and non-disclosure in migration and citizenship decisions

BY ISOLDE DANIELL

The Migration and Citizenship Legislation Amendment (Strengthening Information Provisions) Bill 2020 (Cth) (the Bill) was introduced to the Commonwealth House of Representatives on 10 December 2020. It has since been considered by the Senate Standing … Read the rest

The Administrative Decisions (Judicial Review) Act 1977 and what it says about judicial review and administrative law

This is the fourth 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 THOMAS Read the rest

“A court should be wary” – Zhang v Commissioner of Police [2021] HCA 16

BY BELINDA BAKER

Introduction

As outlined in the Case Information Catchwords on the High Court’s webpage, the Special Case in Zhang v Commissioner of Police appeared to raise a bundle of interesting questions about the operation of the implied … Read the rest

MZAPC: Calibrating constitutional limits on legislative power

BY EMILY HAMMOND

The High Court’s decision in MZAPC v Minister for Immigration & Border Protection [2021] HCA 17 reveals continuing differences in judicial approach to a central concept for Australian judicial review – jurisdictional error. In this post, I … Read the rest

Seeing the New Administrative Law in a ‘green light’

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

Apprehended bias and the nuclear effect – lessons from the New Acland proceedings

BY WILLIAM ISDALE AND NICHOLAS SIMOES DA SILVA

On 3 February 2021, the High Court delivered its judgment in Oakey Coal Action Alliance Inc v New Acland Coal Pty Ltd [2020] HCA 2 (‘New Acland HCA’). The decision arose out … Read the rest

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