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Administrative Redress In and Out of the Courts

Administrative Redress In and Out of the Courts

Essays in Honour of Robin Creyke and John McMillan

Edited by Greg Weeks and Matthew Groves


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?

This book follows The Federation Press’ edited works on public law – Key Issues in Public Law (2018) and Key Issues in Judicial Review (2014) by considering issues not examined in detail in existing works. The book is designed to fill a gap in court and chambers libraries, but also the collection of scholars and students of public law.


Chapter 1 – The Iceberg of Australian Administrative Law: Justice Before and Beyond Judicial Review
         Matthew Groves and Greg Weeks

Chapter 2 – Three is Plenty
         Stephen Gageler

Chapter 3 – Attacks on Integrity Offices: A Separation of Powers Riddle
         Greg Weeks

Chapter 4 – Creyke–McMillan Festschrift. The Courts and The Executive: A Judicial View
         John Basten

Chapter 5 – Review of Visa Cancellation or Refusal Decisions on Character Grounds: A Comparative Analysis
         John Griffiths

Chapter 6 – Administrative Law’s Impact on the Bureaucracy
         Janina Boughey

Chapter 7 – More Reasons for Giving Reasons
         Janine Pritchard

Chapter 8 – Failure to Disclose: What are the Consequences When Open Government Founders?
         Judith Bannister

Chapter 9 – Ombudsman Litigation: The Relationship between the Australian Ombudsman and the Courts
         Anita Stuhmcke

Chapter 10 – Ombudsmen and Crime Busters: Ships Passing in the Night
         Mark Aronson

Chapter 11 – State Tribunals and the Federal Judicial System
         Graeme Hill

Chapter 12 – Tribunals: Evidence, Satisfaction and Proof
         Linda Pearson

Chapter 13 – Does One Rotten Apple Spoil the Whole Barrel? Bias in Multimember Decision-Making
         Matthew Groves

Chapter 14 – The Uncertainty of Certainty in Legislation
         Dennis Pearce


Publishing 5 April 2019
Publisher The Federation Press
ISBN 9781760022020
Australian RRP $160.00
International Price $146.00
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Law - Administrative
Law - Constitutional

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