ADMINISTRATIVE LAW WEEKLY/FINAL EXAM NOTES CONTENTS PAGE
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1 ADMINISTRATIVE LAW WEEKLY/FINAL EXAM NOTES CONTENTS PAGE WEEK 1: INTRODUCTION TO ADMINISTRATIVE LAW... 7 WHAT IS ADMINISTRATIVE LAW... 7 PARLIAMENTARY RULE/REPONSIBLE GOVERNMENT... 7 COMMON LAW INADEQUACIES... 7 THE NEW ADMINISTRATIVE LAW... 8 FIVE FACTORS LEADING TO CHANGE... 8 MERITS VS LEGAL REVIEW... 8 SEPARATION OF POWERS... 9 PARLIAMENTARY SOVEREIGNTY... 9 MOVES TO CURTAIL JUDICIAL REVIEW... 9 RULE OF LAW... 9 EXECUTIVE DISCRETION CLASS NOTES (CONCEPTUALISING ADMINISTRATIVE LAW/HANEEF CASE) WEEK 2: NON-JUDICIAL REVIEW OF ADMINISTRATIVE ACTION PATHS OF REVIEW FORMAL INTERNAL REVIEW EXTERNAL REVIEW (SPECIALIST TRIBUNAL) EXTERNAL REVIEW (THE AAT) CHAPTER 4 NON-JUDICIAL REVIEW NEGOTIATING WITH OFFICIALS REPRESENTATIONS VIA MP S REVIEW BY SPECIALIST TRIBUNALS SECURITY APPEALS DIVISION WEEK #2 TUTORIAL QUESTIONS SUMMARY OF KEY AAT SECTIONS CLASS NOTES WEEK 3: THE OMBUDSMAN & FOI LEGISLATION OTHER AVENUES THE OMBUDSMAN FREEDOM OF INFORMATION INFORMATION COMMISSIONER & THE GUIDELINES COVERAGE OF THE FOI ACT... 20
2 RELEVANT FACTORS IRRELEVANT FACTORS PROCEDURAL FAIRNESS REVIEW PROCEDURES CHAIRPERSON ASIC V CTH OMBUDSMAN COTTONS CASE HYDE PARK CASE CRITICISING THE AUSTRALIAN OMBUDSMAN REVIEW OF THE OFFICE OF THE COMMONWEALTH OMBUDSMAN CLASS NOTES WEEK 4: DELEGATED LEGISLATION & STATUTORY INTERPRETATION MEAKES V DIGNAN PLAINTIFF S157/2002 V CTH NSW V CTH (WORKCHOICES CASE) MINISTER FOR PRIMARY INDUSTRIES AND ENERGIES V AUSTRAL FISHERIES PROCESS OF MAKING SUBORDINATE LEGISLATION THORPE V MINISTER FOR ABORIGINAL AFFAIRS SUNSET CLAUSES THE LEGISLATIVE INSTRUMENT BILLS CARDINAL RULES FOR STATUTORY INTERPRETATION STATUTORY INTERPRETATION IN ACTION PAULL V MUNDAY CLASS NOTES (ASSIGNMENT TIPS) WEEK 5: INTRODUCTION TO JUDICIAL REVIEW FLOW CHART FOR JUDICIAL REVIEW JUDICIAL REVIEW JURISDICTION JUSTICIABILITY CHURCH OF SCIENTOLOGY INC V WOODWARD LEGHAEI V DIRECTOR-GENERAL OF SECURITY STANDING AUSTRALIAN CONSERVATION FOUNDATION INC V CTH RE MCBAIN; EX OARTE AUSTRALIAN CATHOLIC BISHOPS CONFERENCE ONUS V ALCOA OF AUSTRALIA LTD OGLE V STRICKLAND AFC V MINISTER FOR RESOURCES CLASS NOTES (IMPORTANT ASSIGNMENT TIPS)... 34
3 WEEK 6: EXCESS OF POWER (ULTRA VIRES) PAULL V MUNDAY FOLEY V PADLEY EXCESS OF POWER CRAIG V SOUTH AUSTRALIA REQUIREMENTS LONDON CITY COUNCIL V ATTORNEY-GENERAL ATTORNEY-GENERAL V FULLHAM CORPORATION SHANAHAN V SCOTT R V TOOHEY (ABORIGINAL LAND COMMISSIONER) SPECIFYING POWERS KING GEE CLOTHING CO PTY LTD V CTH VANSTONE V CLARK PROCEDURAL ULTRA VIRES GIUSEPPE V MINISTER FOR ABORIGINAL AFFAIRS MANDATORY/DIRECTORY DISTINCTION COMMISSIONER OF TAXATION V FUTURIS CORPORATION LTD HINDMARSH ISLAND BRIDGE CASE, NORVILL V CHAPMAN CLASS NOTES CLASS NOTES (ASSIGNMENT TIPS) WEEK 7: EXTENDED ULTRA VIRES #1 IMPROPER PURPOSE AND BAD FAITH SYDNEY MUNICIPAL COUNCIL V CAMPBELL THOMPSON V RANDWICK MUNICIPAL COUNCIL #2 RELEVANT AND IRRELEVANT CONSIDERATIONS SEAN INVESTMENTS V MACKELLAR MINISTER FOR ABORIGINAL AFFAIRS V PEKO-WALLSEND #3 UNREASONABLENESS MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V ESHETU PRASAD V MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS #4 UNCERTAINTY KING GEE CLOTHING CO PTY LTD V CTH #5 NO EVIDENCE R V AUSTRALIAN STEVEDORING INDUSTRY BOARD #6 INFLEXIBLE APPLICATION OF POLICY GREEN V DANIELS #7 ACTING UNDER DICTATION R V ANDERSON: EX PARTE IPEC-AIR PTY LTD #8 SUB-DELEGATION O REILLY V STATE BANK OF VICTORIA COMMISSIONERS CHAPMAN V TICKNER... 47
4 CLASS NOTES CLASS NOTES (ASSIGNMENT TIPS) WEEK 8: PROCEDURAL FAIRNESS DOES PROCEDURAL FAIRNESS APPLY? INTERESTS THAT MUST BE AFFECTED IMPLICATIONS OF THE DUTY IMPORTANT FACTORS MODERN APPROACH FAI INSURANCES LTD V WINNEKE RECOGNISED CATEGORIES OF LEGITIMATE EXPECTATIONS KIOA V WEST WIDER SCOPE OF PROCEDURAL FAIRNESS ACTS OR CONDUCT BY ADMINISTRATOR HAMILTON V MINISTER FOR IMMIGRATION UNDERTAKINGS HAOUCHER V MINISTER FOR IMMIGRATION MINISTER FOR IMMIGRATION AND ETHNIC AFFAIS V TEOH RE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS DISMISSALS FROM OFFICE OR EMPLOYMENT JARRAT V COMMISSIONER OF POLICE INVESTIGATIONS AINSWORTH V CRIMINAL JUSTICE COMMISSION PRELIMINARY DECISIONS LAWS V AUSTRALIAN BROADCASTING TRIBUNAL WHERE APPEALS ARE PROVIDED JOHN TWIST V COUNCIL OF THE MUNICIPALITY OF RANDWICK POLICY AND RULE-MAKING SOUTH AUSTRALIA V O SHEA SECURITY, URGENCY, NECESSITY PROCEDURAL FAIRNESS AND PRIVATE BODIES DALE V NSW TROTTING CLUB LTD WEEK 10: THE HEARING RULE ORAL HEARING OR WRITTEN SUBMISSIONS CHEN V MINISTER FOR IMMIGRATION THE RIGHT TO KNOW A CASE AGAINST YOU DELAY HAMILTON V MINISTER FOR IMMIGRATION RE MACQUARIE UNIVERSITY CAINS V JENKINS... 58
5 NATIONAL COMPANIES AND SECURITIES COMMISSION V NEWS CORP LTD EFFECT OF A MINOR BREACH EXERCISING A RIGHT TO APPEAL OR WAIVING A RIGHT TO A FAIR HEARING WEEK 11: THE BIAS RULE ACTUAL BIAS PERCEIVED BIAS MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V JIA LEGENG VARYING STANDARDS COURTS POLITICAL DECISION-MAKERS INSTITUTIONAL BIAS JUDGES WITH KNOWN BELIEFS JUDGES WHO EXPRESS PROVISIONAL VIEWS PROSECUTORS ACTING AS JUDGES STOLLERY V GREYHOUND RACING CONTROL BOARD DOMESTIC TRIBUNALS MALONEY V NSW NATIONAL COURSING ASSOCIATION LTD REASON FOR DECISION PROBATIVE EVIDENCE CLASS NOTES WEEK 12: ESTOPPEL & OUSTER CLAUSES ESTOPPEL ETHNIC AFFAIRS V KURTOVIC LI FANG V MINISTER FOR IMMIGRATION JURISDICTIONAL ERROR CRAIG V SA OUSTER OR PRIVATIVE CLAUSES PLAINTIFF S157/2002 V CTH AS IF ENACTED CLAUSES CLASS NOTES WEEK 13: JUDICIAL REMEDIES THE COMMON LAW PREROGATIVE WRITS CERTIORARI HOCKEY V YELLAND MANDAMUS DECLARATIONS INJUNCTIONS... 70
6 STATUTORY REMEDIES JURISDICTIONAL DISPUTES OF AN ADMINISTRATIVE CHARACTER MINISTER FOR INDUSTRY AND COMMERCE V TOOHEYS UNDER AN ENACTMENT AUSTRALIAN BROADCASTING TRIBUNAL V BOND TIME LIMITS DISCRETION IN GRANTING REMEDIES RUHANI V DIRECTOR OF POLICE THE EXISTENCE OF ALTERNATIVE REMEDIES CLASS NOTES... 73
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