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Administrative Redress In and Out of the Courts – Essays in Honour of Robin Creyke and John McMillan

Administrative Redress In and Out of the Courts – Essays in Honour of Robin Creyke and John McMillan

By Greg Weeks and Matthew Groves (editors)

This collection of papers by some of Australia’s leading judges, scholars and practitioners focuses on complex public law issues. The book examines executive power, judicial and tribunal review and integrity bodies like Ombudsmen. 

 

Administrative Appeals Administrative Tribunals 

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  • Full description

    This collection of papers by some of Australia’s leading judges, scholars and practitioners focuses on complex public law issues. The book examines executive power, judicial and tribunal review and integrity bodies like Ombudsmen.

    The opening papers consider separation of powers issues. Justice Stephen Gageler asks if three arms of government remains a suitable model. Do we need a fourth? Greg Weeks’ paper explains how bodies that would be in that fourth arm are vulnerable. Justice John Basten examines key questions between the executive and judiciary, while Justice John Griffiths considers those issues in visa cancellation decisions.

    Other papers examine different accountability mechanisms – tribunals, Ombudsmen and information. Justice Janine Pritchard explains how litigation processes can obtain otherwise obscure material. Judith Bannister analyses what happens when governments fail to disclose information. Mark Aronson and Anita Stuhmcke each consider what happens when Ombudsmen get drawn into litigation and messy cases.

    Other papers examine the work of tribunals. Graeme Hill examines the constitutional place of tribunals, especially in light of Burns v Corbett (2018). Linda Pearson explains when and how notions of evidence, proof and satisfaction operate in tribunals. Matthew Groves asks what happens when one of several members of tribunals and other bodies are biased – does the bias of one infect the others?

  • About the author

    Greg Weeks is an Associate Professor and Deputy Head of School in the ANU College of Law, where he teaches administrative law and torts. Greg’s research interests, on which he has published widely, are primarily related to judicial review, state liability and remedies against public authorities. He is the author of Soft Law and Public Authorities: Remedies and Reform (Hart Publishing, Oxford, 2016) and the editor of Legitimate Expectations in the Common Law World (Hart Publishing, Oxford, 2016). Greg is also a co-author with Mark Aronson and Matthew Groves of Judicial Review of Administrative Action and Government Liability (Thomson Reuters, 6th ed, 2017), Australia’s leading administrative law text. With Janina Boughey and Ellen Rock, he is an author of Remedies for Government Liability (LexisNexis Australia, 2019). Greg is General Editor of the Australian Journal of Administrative Law.

    Matthew Groves is Alfred Deakin Professor of Law, in the Law School of Deakin University and a member of the Australian Academy of Law. Matthew is a leading Australian scholar of administrative law and has published many works on the area including Aronson, Groves and Weeks, Judicial Review of Administrative Action and Government Liability (Thomson Reuters, 6th ed, 2017). Matthew is General Editor of the Australian Journal of Administrative Law and a former member of the federal Administrative Review Council. He has also published many other edited works on public law with Federation Press, including The Principles of Legality in Australia and New Zealand (2017, with Dan Meagher) and Australian Charters of Rights A Decade On (2017, with Colin Campbell).

  • Product details

    ISBN: 9781760022020

    Published: 2019

    Format: Hardcover

  • Table of contents

    Foreword by Wayne Martin AC QC, Chief Justice of the Supreme Court of Western Australia, 2006-2018
    About the Contributors 
    Table of Cases 
    Table of Statutes

    1. The Iceberg of Australian Administrative Law: Justice Before and Beyond Judicial Review (Matthew Groves and Greg Weeks)
    2. Three is Plenty (Stephen Gageler)
    3. Attacks on Integrity Offices: A Separation of Powers Riddle (Greg Weeks)
    4. The Courts and The Executive: A Judicial View (John Basten)
    5. Review of Visa Cancellation or Refusal Decisions on Character Grounds: A Comparative Analysis (John Griffiths)
    6. Administrative Law’s Impact on the Bureaucracy (Janina Boughey)
    7. More Reasons for Giving Reasons (Janine Pritchard)
    8. Failure to Disclose: What are the Consequences When Open Government Founders? (Judith Bannister)
    9. Ombudsman Litigation: The Relationship between the Australian Ombudsman and the Courts (Anita Stuhmcke)
    10. Ombudsmen and Crime Busters: Ships Passing in the Night (Mark Aronson)
    11. State Tribunals and the Federal Judicial System (Graeme Hill)
    12. Tribunals: Evidence, Satisfaction and Proof (Linda Pearson)
    13. Does One Rotten Apple Spoil the Whole Barrel? Bias in Multi-Member Decision-Making (Matthew Groves)
    14. The Uncertainty of Certainty in Legislation (Dennis Pearce)

    Index

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