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LAWS2201 (20)

Class Notes for LAWS2201 at Australian National University

Administrative Law

LAWS2201 Lecture Notes - Lecture 11: Stephen Gageler, City Of Knox, Penal Labour
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Bias Rule Two types of bias Actual bias is present where a decisionmakers mind is so closed to persuasion that argument against that view is ineffectual: Jia. It is impossible to prove and rarely argued. Apprehended bias a...

Laws
LAWS2201
Greg Weeks
LAWS2201 Lecture Notes - Lecture 10: Jurisdictional Error
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Remedies for breaches of procedural norms Common Law Rules Breaches of procedural fairness are often treatjurisdictional error (Aala),hich means an affected decision will be retrospective invBhardwaj) If a court can be sat...

Laws
LAWS2201
Greg Weeks
LAWS2201 Lecture Notes - Lecture 9: Temporary Protection Visa, Well-Founded Relation, Natural Justice
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Legitimate expectations WZARH: [confined the doctrine of legitimate expectation] Facts The respondent is a national Sri Lanka of Tamil ethnicity. He entered Aus by boat arriving at Xmas Island. Xmas Island was excided offs...

Laws
LAWS2201
Greg Weeks
LAWS2201 Lecture Notes - Lecture 8: Robert Megarry, Kioa, Jurisdictional Error
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Procedural Fairness These are breaches of legal standards that result in jurisdictional error 1. Procedural fairness a. A breach of procedural fairness amounts to a jurisdictional error: Aala b. Two parts: The Hearing Rule...

Laws
LAWS2201
Greg Weeks
LAWS2201 Lecture Notes - Lecture 6: Public Service Association, Jurisdictional Error, Dyson Heydon
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Supervisory Jurisdiction of State Supreme Courts Cases Public Service Association of SA v Industrial Relations Commission (SA) Confirmed Kirk that the Constitution requires the Supreme Court of a State to possess superviso...

Laws
LAWS2201
Greg Weeks
LAWS2201 Lecture Notes - Lecture 7: Jurisdictional Error, Fax
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Consequences of invalidity and jurisdictional error Dunlop v Wollahara: Lord Diplock a decision that is affected by jurisdictional error is retrospectively invalid, and so no decision was made at all, and so void ab initio...

Laws
LAWS2201
Greg Weeks
LAWS2201 Lecture Notes - Lecture 4: Batemans Bay, Interest Point Detection, Revenue Commissioners
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General Standing depends on whether a person has sufficient interest in the outcome of a proceeding and is designed to vindicate personal interests and rights, and not just mere busybody( Fleet Street Casuals Case) Two mod...

Laws
LAWS2201
Greg Weeks
LAWS2201 Lecture Notes - Lecture 5: Jurisdictional Error, Justiciability, Determinative
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Judicial Review (JR) LegalMerit Distinction AttorneyGeneral (NSW) v Quin (1990) 170 CLR 1 Facts: Concerns the fitness for office Mr Quin and other four other magistrates were not appointed to a new magistrates court system...

Laws
LAWS2201
Greg Weeks
LAWS2201 Lecture Notes - Lecture 4: Stephen Gageler, Susan Kiefel, Jurisdictional Error
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Policy and Tribunal Decision Making General Inquisitorial functions on the nature of the tribunal In Re Hennessy, the AAT noted that there will not be a level of formality which is universally applicable but that there are...

Laws
LAWS2201
Greg Weeks
LAWS2201 Lecture Notes - Lecture 3: Migration Agents Registration Authority, Susan Kiefel, William Deane
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Main Cases Re Greenham AAT held that it was able to substitute its own valuation rather than being restricted to the terms of the case stated by Dr Greenham (which it had rejected). It confirmed that it was reviewing the d...

Laws
LAWS2201
Greg Weeks
LAWS2201 Lecture Notes - Lecture 2: Centrelink, Administrative Law, Good Governance
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Internal Review General Review on the merits, usually undertaken by a more senior officer in the same agency. Quick, inexpensive, personal. Tends to be effective at weeding out the worst decisions and serves an audit funct...

Laws
LAWS2201
Greg Weeks
LAWS2201 Lecture Notes - Lecture 1: Administrative Appeals Tribunal, Greg Weeks, Canadian English
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Freedom of Information Legislation Kerr Committee Kerr Committee knew that reasons for administrative decisionmaking were fundamental to the effectiveness of the balance of the reforms. Enacted as s 13 ADJR and a 28 AAT Ac...

Laws
LAWS2201
Greg Weeks
LAWS2201 Lecture Notes - Lecture 4: Ultra Vires, Primary And Secondary Legislation, Justiciability

Administrative Law Week 2 Seminar B Revision The power of AWBI to give consent was not explained or derived from statute. Instead it is due to its private (Legal personality) and is informed by its agenda to maximise prof...

Laws
LAWS2201
Leighton McDonald
LAWS2201 Lecture Notes - Lecture 5: Ultra Vires, Statutory Interpretation, Certiorari

Administrative Law Week 3 Seminar A Judicial Review Remedies When faced with a judicial review problem: o Which court? o Can I seek judicial review in this court? Why would you not go straight to the HCA? o Most likely t...

Laws
LAWS2201
Leighton McDonald
LAWS2201 Lecture Notes - Lecture 6: Supreme Court Of New South Wales, Jurisdictional Error

Administrative Law Week 3 Seminar A Jurisdictional Error When applying for s 75(v) prerogative law writs. Section 75(iii) for supervisory jurisdiction of Supreme State Courts. o Another jurisdiction of state courts could...

Laws
LAWS2201
Leighton McDonald

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