Category: Judicial review

Burns v Corbett: the latest word on State tribunals and judicial power

BY ANNA OLIJNYK

We live in an age of tribunals. Although tribunals existed at the time of federation, the framers of the Australian Constitution could never have imagined the prominence of administrative tribunals in our justice system today. Small wonder, … Read the rest

Locating the Place of the Royal Prerogative After Miller

BY BYRON KAREMBA

It is often claimed that the constitutional history of the United Kingdom is the history of the tension between the Crown and Parliament. This historical narrative emphasises the ascendency of the latter institution over the former. It … Read the rest

Human Rights To BREXIT …. And Beyond

BY CONOR GEARTY 

It is not a misguided nostalgia for colonial control to say that developments in UK human rights law have long had an influence on Commonwealth jurisdictions, especially in those where there are continued close alignments with the … Read the rest

Administrative law and Centrelink’s “robodebt” system

BY MATTHEW BUTT

Centrelink’s new online system to streamline the identification and recovery of overpayments detected through data-matching became fully operational in July last year. It automatically sends a letter to current or former social security recipients in cases where … Read the rest

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

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