Category: Judicial review (page 1 of 5)

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

50 years after the Kerr Report: Is Australian administrative law still fit for purpose?

This is the first 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 JANINA Read the rest

How should a court respond to an immaterial error of law?

BY LISA BURTON CRAWFORD

In the recent case of ABT17 v Minister for Immigration and Border Protection, the High Court unanimously held that a decision of the Immigration Assessment Authority (‘IAA’) to refuse a protection visa to the applicant … Read the rest

Should an ongoing criminal investigation bar the return of unlawfully seized property?

BY JULES O’DONNELL

Earlier this year, the High Court unanimously ruled that the Australian Federal Police (AFP) had unlawfully searched journalist Annika Smethurst’s home in 2018. The Court held that the warrant for the search was invalid because it did … Read the rest

The Palmer Act

BY NICK SEDDON

This post introduces a very strange story. It is about the Western Australian government’s legislative attempt to shut down Mr Clive Palmer’s arbitration claims to an estimated $30 billion, an amount that is about equal to the … Read the rest

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