Tag: administrative law

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

Robo-Debt Illegality: A Failure of Rule of Law Protections?

BY TERRY CARNEY

Robo-debts lack any legal foundation

Nearly two years after social security’s popularly-called ‘robo-debts’ began to be raised without any adequate proofs, Australia’s much vaunted justice machinery has failed to expose the emperor’s lack of (legal) clothes.

The … 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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Council Amalgamations in NSW: A Study in How Not to Tackle Hard Policy

BY LYNSEY BLAYDEN

On 27 July 2017, after an 18-month long battle fought on various fronts, including through the courts, the NSW Premier, the Hon Gladys Berejiklian, announced that the government would not proceed with all remaining proposed amalgamations of … Read the rest

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

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

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

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