This book is the NSW Bar Association’s lecture series on the key issues in judicial review. It emphasises essential learning for the public law practitioner, whether solicitor, barrister or judicial officer, that is not easily accessed elsewhere.
The collection opens with Justice Patrick Keane’s reflections on the role of the courts in public law processes. It has an overview of the grounds of judicial review by Justice John Basten and 10 other papers: the concept of jurisdictional error by Jeremy Kirk SC; statutory construction and drafting by Peter Quiggin PSM, with a commentary by Justice Nye Perram; evidence in public law cases by Neil Williams SC and Alan Shearer; constitutional and administrative law aspects of tax by Geoffrey Kennett SC and David FC Thomas; satisfaction as a jurisdictional fact by James Hutton; the High Court decision in SZMDS by Theresa Baw; the relevancy grounds and environmental and administrative law by Richard Lancaster SC and Stephen Free.
There are also two forward-looking papers, one by Justice Alan Robertson on ARC Report No 50, and the other by Kristina Stern SC on the rationale for the grant of relief by way of judicial review and potential areas for future development.
Foreword by Chief Justice Allsop
Notes on Contributors
Table of Cases
Table of Statutes
Some Reflections on the Role of Courts in Public Law
The Hon PA Keane
The Concept of Jurisdictional Error
JK Kirk SC
Judicial Review of Executive Action: Tiers of Scrutiny or Tears of Frustration?
The Hon John Basten
Satisfaction as a Jurisdictional Fact – A Consideration of the Implications of SZMDS
Illogicality, Irrationality and Unreasonableness in Judicial Review
Statutory Construction: How to Construct, and Construe, a Statute
Peter Quiggin PSM
Comment on Paper of Peter Quiggin
The Use of the Blue Pencil – Partial Invalidity
Stephen Lloyd SC and Houda Younan
Evidence in Public Law Cases
Neil Williams SC and Alan Shearer
Nothing Like the Curate’s Egg
The Hon Alan Robertson
The Rationale for the Grant of Relief by Way of Judicial Review and Potential Areas for Future Development
Kristina Stern SC
Constitutional and Administrative Law Aspects of Tax
Geoffrey Kennett SC and David FC Thomas
The Relevancy Grounds in Environmental and Administrative Law
Richard Lancaster SC and Stephen Free
Practical questions dominate this scholarly work, which focuses on judicial review of administrative action for the most part.
Anyone interested in improving their understanding of the many facets of administrative law will find this an informative exploration of key contemporary issues. Read full review...
Jeffrey Barnes, InPrint, Law Institute Journal Victoria, November 2014
The essays collected in this publication are uniformly well considered and well written. The authors focus on matters directly relevant to daily practice. The volume has been intelligently edited by Neil Williams SC and contains an erudite forward by Chief Justice Allsop of the Federal Court of Australia. It provides an invaluable resource to any practitioner whether highly experienced in public law or coming to it as a beginner. Read full review...
Patricia Feeney, Hearsay, September 2014, 69
This book comprises a collection of essays predominantly from members of the New South Wales Bar, as well as from judges and one from Peter Quiggan PSM, the first parliamentary counsel of the Office of Parliamentary Counsel. There are 13 essays in total. While one may be forgiven for thinking from the title of the work that it is a text or case book on judicial review, in fact it covers a variety of topics all of which bear upon and are important in a consideration of judicial review.
Barristers who practise in administrative law, or who have an interest in public law more generally, will find this work an interesting and useful addition to their libraries. Read full review...
Victoria Brigden, Bar News, Winter 2014
Bar News, Winter 2014
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