ADMINISTRATIVE LAW WEEKLY/FINAL EXAM NOTES CONTENTS PAGE

Similar documents
LLB358 Admin Law. Governs the process of Government protects us from mistakes of the Government

Judicial Review. The issue is whether the decision was made under Commonwealth or State law and which court has jurisdiction.

JURD7160/LAWS1160 Administrative Law

Standing Road Map. The Question

JUDICIAL REVIEW. Courts= concerned with legality, do not have the power to vary or substitute. Can affirm original decision or set it aside

JUDICIAL REVIEW 1. THE DECISION(S)? 2A. JURISDICTION OF COURTS FOR JR

DEVELOPMENTS IN JUDICIAL REVIEW IN THE CONTEXT OF IMMIGRATION CASES. A Comment Prepared for the Judicial Conference of Australia's Colloquium 2003

LAW315: Administrative Law Notes

4.1.1 Substantive/Simple Ultra Vires Actions not Permitted by Statute

ADMINISTRATIVE LAW SUMMARY

How to determine error in administrative decisions A cheat s guide Paper given to law firms What is judicial review?

Index. 224 (2003) 10 AJ Admin L 224

Impact of migration law on the development of Australian administrative law

SUPPLEMENT TO CHAPTER 20

TABLE OF CONTENTS : Administrative Law AUT14

TOPIC 2: Jurisdiction to Conduct Judicial Review

An Indigenous Advisory Body Addressing the Concerns about Justiciability and Parliamentary Sovereignty. By Anne Twomey *

Administrative Law (LAW5221)

ADMINISTRATIVE LAW THE EMERGING ROLE OF CONSTITUTIONAL AND PRIVATE LAW REMEDIES

Complaints against Government - Administrative Law

10 th CONGRESS OF THE IASAJ SYDNEY, MARCH 2010 NATIONAL REPORT OF AUSTRALIA

NSWCCL SUBMISSION MIGRATION AMENDMENT (CLARIFICATION OF JURISDICTION) BILL April Contact: Dr Martin Bibby

Complaints to the Ombudsman

STATUTORY EXCLUSION OF NATURAL JUSTICE: POSSIBILITY AND IMPROBABILITY

Conducting an Administrative Law Case in New South Wales and the New Rule 59 of the Uniform Civil Procedure Rules 2005 (NSW)

THE PRINCIPLES THAT APPLY TO JUDICIAL REVIEW: ITS SCOPE AND PURPOSE

Pouring oil on troubled waters: The use of equitable remedies in judicial review

REMOVAL FROM OFFICE AND SECTION 33 OF THE ACTS INTERPRETATION ACT 1901

THE CONTRACT FORMATION PROCESS THE PRESENTER INTRODUCTION TOPICS CONTRACT LAW: ESSENTIAL SKILLS FOR NON-LAWYERS HYATT HOTEL CANBERRA 18 JUNE 2014

Semester 2. Administrative Law Final Notes & Skeletons Monash University LAW3101

Step Two: If you still did not like the decision, you could take it for an external review

Australian Constitutional Law

GRIEVANCE PROCEDURE BY-LAW TABLE OF CONTENTS

Index (2006) 22 BCL

Complaints against Government - Judicial Review

The Legal Framework of Challenges to Administrative Decision Making in NSW - A NSW Administrative Law Refresher

THE AUSTRALIAN TAKEOVERS PANEL AND JUDICIAL REVIEW OF ITS DECISIONS

Part IV: Going to Court: Judicial Review

NON-STATUTORY REVIEW OF PRIVATE DECISIONS BY PUBLIC BODIES

JUDICIAL REVIEW RIGHTS

APPLICATION OF COSTS IN ADMINISTRATIVE LAW PROCEEDINGS

Plaintiff S157v The Commonwealth: A Vindication of Judicial Review of Administrative Action

EXAM PREP ADL201M 2010

Henry VIII & the rule of law

The entrenched minimum provision of judicial review and the rule of law

Freedom of Information. Adequacy of reasons

THE UNDERPINNINGS OF JUDICIAL REVIEW OF ADMINISTRATIVE ACTION: COMMON LAW OR CONSTITUTION?

THE RISE AND RISE OF MERITS REVIEW: IMPLICATIONS FOR JUDICIAL REVIEW AND FOR ADMINISTRATIVE LAW

he Impact of the HRA on Public Law

Land and Environment Court

FEDERAL COURT REPORTS

Administrative Law Exam Notes. Semester

Access to Information

A Question of Law: Practice and Procedure in Courts and Tribunals in New South Wales

OPINION. DX 361 Sydney. Graeme Johnson, Liza Carver, Mark Smyth. Liability limited by a scheme approved under the Professional Standards Legislation

Judicial Review of Decisions: The Statement of Reasons

APPLICATION FOR AN ORDER TO SHOW CAUSE

Minister for Immigration and Multicultural Affairs v Fathia Mohammed Yusuf

PART XI GROUNDS OF REVIEW

A d m i n i s t r a t i v e L a w N o t e s. Administrative Law Cram Notes st Edition. UniCramNotes.com

Reading Program. Copyright Agape-Henry Co 3/20/18 Intensive Reading Program

Review of Administrative Decisions on the Merits

EVIDENCE LAW SUMMARY

REVIEW OF EXECUTIVE TYPES OF REVIEW JUDICIAL REVIEW

Griffith University v Tang: Review of University Decisions Made Under an Enactment

Introduction. Australian Constitution. Federalism. Separation of Powers

FEDERAL COURT OF AUSTRALIA

SUPPLEMENT TO CHAPTER 13

HIGH COURT OF AUSTRALIA

THE FEDERAL LAW REPORTS EDITOR VICTOR KLINE. Barrister-at-Law CONSULTING EDITORS ANTHONY DICKEY QC DR OREN BIGOS PRODUCTION EDITOR

LAWS2201 Administrative Law 1 st Semester 2008

ADMINISTRATIVE LAW: Relationship between people in power and people affected by power (about power)

FEDERAL MAGISTRATES COURT OF AUSTRALIA

CHALLENGING ENVIRONMENTAL DECISIONS:

Interpretation of Delegated Legislation

HENRY DI SUVERO v NSW BAR ASSOCIATION. The New South Wales Council of Civil Liberties submits:

THEOPHANOUS v HERALD & WEEKLY TIMES LTD* STEPHENS v WEST AUSTRALIAN NEWSPAPERS LTD*

Regulating influence and access: Submission to the Inquiry into the Lobbying Code of Conduct by the Senate Finance and Public Affairs Committee

14 October The Australian Law Reform Commission Level 40, MLC Tower 19 Martin Place Sydney NSW to:

HORTA v THE COMMONWEALTH*

BALANCING THE TREATMENT OF PERSONAL INFORMATION UNDER FOI AND PRIVACY LAWS: A COMPARATIVE AUSTRALIAN ANALYSIS. PART 2

PARLIAMENTARY PRIVILEGE AND JUDICIAL REVIEW OF ADMINISTRATIVE ACTION

PROFESSIONAL SUMMARY DOUGLAS JOHN CAMPBELL QC

STANDING TO SUE FOR PUBLIC LAW REMEDIES

EVIDENCE LAW SUMMARY

FEDERAL CIRCUIT COURT OF AUSTRALIA

JUDICIAL REVIEW OF NON-STATUTORY EXECUTIVE ACTION: AUSTRALIA AND THE UNITED KINGDOM REUNITED?

Analysis of legal issues and information tips on how to respond critically

FEDERAL COURT OF AUSTRALIA

PRACTICAL JUSTICE AND PROCEDURAL FAIRNESS

Deed. Lookout Road Hard Rock Quarry. Planning Agreement

ANALYSING A CASE 4 DEFINITIONS 5 THE FEDERAL HIERARCHY OF AUSTRALIA 6 INTRODUCTION TO LEGISLATION 7

ADVICE RE THE POWER TO EXPEL A MEMBER FROM THE VICTORIAN PARLIAMENT

A FOURTH BRANCH OF GOVERNMENT?

University of New South Wales

CASTAN CENTRE FOR HUMAN RIGHTS LAW. Faculty of Law, Monash University

Marku v Minister for Home Affairs and Another (No 2)*

Our ref: FOI June Phillip Sweeney via Dear Mr Sweeney

ADEQUACY OF REASONS. By Justice Emilios Kyrou, Supreme Court of Victoria

FACULTY OF LAW: UNIVERSITY OF NSW LECTURE ON JUDICIAL REVIEW 28 MARCH 2012

Transcription:

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... 10 CLASS NOTES (CONCEPTUALISING ADMINISTRATIVE LAW/HANEEF CASE)... 10 WEEK 2: NON-JUDICIAL REVIEW OF ADMINISTRATIVE ACTION... 12 PATHS OF REVIEW... 12 FORMAL INTERNAL REVIEW... 12 EXTERNAL REVIEW (SPECIALIST TRIBUNAL)... 12 EXTERNAL REVIEW (THE AAT)... 12 CHAPTER 4 NON-JUDICIAL REVIEW... 15 NEGOTIATING WITH OFFICIALS... 15 REPRESENTATIONS VIA MP S... 15 REVIEW BY SPECIALIST TRIBUNALS... 15 SECURITY APPEALS DIVISION... 16 WEEK #2 TUTORIAL QUESTIONS... 16 SUMMARY OF KEY AAT SECTIONS... 17 CLASS NOTES... 17 WEEK 3: THE OMBUDSMAN & FOI LEGISLATION... 17 OTHER AVENUES... 17 THE OMBUDSMAN... 17 FREEDOM OF INFORMATION... 18 INFORMATION COMMISSIONER & THE GUIDELINES... 20 COVERAGE OF THE FOI ACT... 20

RELEVANT FACTORS... 21 IRRELEVANT FACTORS... 21 PROCEDURAL FAIRNESS... 21 REVIEW PROCEDURES... 21 CHAIRPERSON ASIC V CTH OMBUDSMAN... 22 COTTONS CASE... 22 HYDE PARK CASE... 22 CRITICISING THE AUSTRALIAN OMBUDSMAN... 22 REVIEW OF THE OFFICE OF THE COMMONWEALTH OMBUDSMAN... 23 CLASS NOTES... 23 WEEK 4: DELEGATED LEGISLATION & STATUTORY INTERPRETATION... 25 MEAKES V DIGNAN... 25 PLAINTIFF S157/2002 V CTH... 25 NSW V CTH (WORKCHOICES CASE)... 26 MINISTER FOR PRIMARY INDUSTRIES AND ENERGIES V AUSTRAL FISHERIES... 26 PROCESS OF MAKING SUBORDINATE LEGISLATION... 26 THORPE V MINISTER FOR ABORIGINAL AFFAIRS... 27 SUNSET CLAUSES... 27 THE LEGISLATIVE INSTRUMENT BILLS... 27 CARDINAL RULES FOR STATUTORY INTERPRETATION... 28 STATUTORY INTERPRETATION IN ACTION... 28 PAULL V MUNDAY... 28 CLASS NOTES (ASSIGNMENT TIPS)... 29 WEEK 5: INTRODUCTION TO JUDICIAL REVIEW... 30 FLOW CHART FOR JUDICIAL REVIEW... 30 JUDICIAL REVIEW... 31 JURISDICTION... 31 JUSTICIABILITY... 32 CHURCH OF SCIENTOLOGY INC V WOODWARD... 33 LEGHAEI V DIRECTOR-GENERAL OF SECURITY... 33 STANDING... 33 AUSTRALIAN CONSERVATION FOUNDATION INC V CTH... 33 RE MCBAIN; EX OARTE AUSTRALIAN CATHOLIC BISHOPS CONFERENCE... 34 ONUS V ALCOA OF AUSTRALIA LTD... 34 OGLE V STRICKLAND... 34 AFC V MINISTER FOR RESOURCES... 34 CLASS NOTES (IMPORTANT ASSIGNMENT TIPS)... 34

WEEK 6: EXCESS OF POWER (ULTRA VIRES)... 36 PAULL V MUNDAY... 36 FOLEY V PADLEY... 36 EXCESS OF POWER... 36 CRAIG V SOUTH AUSTRALIA... 37 REQUIREMENTS... 37 LONDON CITY COUNCIL V ATTORNEY-GENERAL... 37 ATTORNEY-GENERAL V FULLHAM CORPORATION... 38 SHANAHAN V SCOTT... 38 R V TOOHEY (ABORIGINAL LAND COMMISSIONER)... 38 SPECIFYING POWERS... 38 KING GEE CLOTHING CO PTY LTD V CTH... 38 VANSTONE V CLARK... 39 PROCEDURAL ULTRA VIRES... 39 GIUSEPPE V MINISTER FOR ABORIGINAL AFFAIRS... 39 MANDATORY/DIRECTORY DISTINCTION... 39 COMMISSIONER OF TAXATION V FUTURIS CORPORATION LTD... 40 HINDMARSH ISLAND BRIDGE CASE, NORVILL V CHAPMAN... 41 CLASS NOTES... 40 CLASS NOTES (ASSIGNMENT TIPS)... 40 WEEK 7: EXTENDED ULTRA VIRES... 42 #1 IMPROPER PURPOSE AND BAD FAITH... 42 SYDNEY MUNICIPAL COUNCIL V CAMPBELL... 42 THOMPSON V RANDWICK MUNICIPAL COUNCIL... 42 #2 RELEVANT AND IRRELEVANT CONSIDERATIONS... 43 SEAN INVESTMENTS V MACKELLAR... 43 MINISTER FOR ABORIGINAL AFFAIRS V PEKO-WALLSEND... 43 #3 UNREASONABLENESS... 44 MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V ESHETU... 44 PRASAD V MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS... 44 #4 UNCERTAINTY... 44 KING GEE CLOTHING CO PTY LTD V CTH... 44 #5 NO EVIDENCE... 45 R V AUSTRALIAN STEVEDORING INDUSTRY BOARD... 45 #6 INFLEXIBLE APPLICATION OF POLICY... 45 GREEN V DANIELS... 45 #7 ACTING UNDER DICTATION... 46 R V ANDERSON: EX PARTE IPEC-AIR PTY LTD... 46 #8 SUB-DELEGATION... 46 O REILLY V STATE BANK OF VICTORIA COMMISSIONERS... 47 CHAPMAN V TICKNER... 47

CLASS NOTES... 47 CLASS NOTES (ASSIGNMENT TIPS)... 47 WEEK 8: PROCEDURAL FAIRNESS... 50 DOES PROCEDURAL FAIRNESS APPLY?... 50 INTERESTS THAT MUST BE AFFECTED... 50 IMPLICATIONS OF THE DUTY... 50 IMPORTANT FACTORS... 50 MODERN APPROACH... 50 FAI INSURANCES LTD V WINNEKE... 50 RECOGNISED CATEGORIES OF LEGITIMATE EXPECTATIONS... 51 KIOA V WEST... 51 WIDER SCOPE OF PROCEDURAL FAIRNESS... 51 ACTS OR CONDUCT BY ADMINISTRATOR... 52 HAMILTON V MINISTER FOR IMMIGRATION... 52 UNDERTAKINGS... 52 HAOUCHER V MINISTER FOR IMMIGRATION... 52 MINISTER FOR IMMIGRATION AND ETHNIC AFFAIS V TEOH... 52 RE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS... 53 DISMISSALS FROM OFFICE OR EMPLOYMENT... 53 JARRAT V COMMISSIONER OF POLICE... 53 INVESTIGATIONS... 53 AINSWORTH V CRIMINAL JUSTICE COMMISSION... 53 PRELIMINARY DECISIONS... 54 LAWS V AUSTRALIAN BROADCASTING TRIBUNAL... 54 WHERE APPEALS ARE PROVIDED... 54 JOHN TWIST V COUNCIL OF THE MUNICIPALITY OF RANDWICK... 54 POLICY AND RULE-MAKING... 54 SOUTH AUSTRALIA V O SHEA... 54 SECURITY, URGENCY, NECESSITY... 55 PROCEDURAL FAIRNESS AND PRIVATE BODIES... 55 DALE V NSW TROTTING CLUB LTD... 55 WEEK 10: THE HEARING RULE... 56 ORAL HEARING OR WRITTEN SUBMISSIONS... 56 CHEN V MINISTER FOR IMMIGRATION... 56 THE RIGHT TO KNOW A CASE AGAINST YOU... 56 DELAY... 57 HAMILTON V MINISTER FOR IMMIGRATION... 57 RE MACQUARIE UNIVERSITY... 57 CAINS V JENKINS... 58

NATIONAL COMPANIES AND SECURITIES COMMISSION V NEWS CORP LTD... 58 EFFECT OF A MINOR BREACH... 58 EXERCISING A RIGHT TO APPEAL OR WAIVING A RIGHT TO A FAIR HEARING... 58 WEEK 11: THE BIAS RULE... 60 ACTUAL BIAS... 60 PERCEIVED BIAS... 60 MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V JIA LEGENG... 60 VARYING STANDARDS... 60 COURTS... 61 POLITICAL DECISION-MAKERS... 61 INSTITUTIONAL BIAS... 61 JUDGES WITH KNOWN BELIEFS... 61 JUDGES WHO EXPRESS PROVISIONAL VIEWS... 61 PROSECUTORS ACTING AS JUDGES... 62 STOLLERY V GREYHOUND RACING CONTROL BOARD... 62 DOMESTIC TRIBUNALS... 62 MALONEY V NSW NATIONAL COURSING ASSOCIATION LTD... 62 REASON FOR DECISION... 62 PROBATIVE EVIDENCE... 62 CLASS NOTES... 63 WEEK 12: ESTOPPEL & OUSTER CLAUSES... 64 ESTOPPEL... 64 ETHNIC AFFAIRS V KURTOVIC... 64 LI FANG V MINISTER FOR IMMIGRATION... 64 JURISDICTIONAL ERROR... 65 CRAIG V SA... 65 OUSTER OR PRIVATIVE CLAUSES... 65 PLAINTIFF S157/2002 V CTH... 66 AS IF ENACTED CLAUSES... 66 CLASS NOTES... 66 WEEK 13: JUDICIAL REMEDIES... 67 THE COMMON LAW PREROGATIVE WRITS... 68 CERTIORARI... 69 HOCKEY V YELLAND... 69 MANDAMUS... 69 DECLARATIONS... 69 INJUNCTIONS... 70

STATUTORY REMEDIES... 70 JURISDICTIONAL DISPUTES... 70 OF AN ADMINISTRATIVE CHARACTER... 71 MINISTER FOR INDUSTRY AND COMMERCE V TOOHEYS... 71 UNDER AN ENACTMENT... 71 AUSTRALIAN BROADCASTING TRIBUNAL V BOND... 71 TIME LIMITS... 72 DISCRETION IN GRANTING REMEDIES... 72 RUHANI V DIRECTOR OF POLICE... 72 THE EXISTENCE OF ALTERNATIVE REMEDIES... 72 CLASS NOTES... 73

2024 © lawsdocbox.com Privacy Policy | Terms of Service | Feedback