Administrative Law Review
Attend this comprehensive review to get key insights on some of the most topical issues in administrative law. Hear the latest on disciplinary and statutory investigations & explore the interesting interplay between administrative law decisions and criminal law proceedings. Gain an update on judicial review procedures & hear the High Court’s current approach on materiality. Finally, get that all-important overview of the latest administrative & judicial review cases that are key to your practice. WEB219V03
Description
Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Peter Gray KC, List G Barristers
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Administrative Law: Disciplinary and Statutory Investigations
- Procedural fairness requirements in disciplinary and statutory investigations
- Tribunals staying decisions of decision makers
- Recent decisions
Presented by Benjamin Jellis, Barrister, and Shane Dawson, Barrister, Dever’s List
9.50am to 10.35am Interplay Between Administrative Law and Criminal Law Proceedings
- How do the right to a fair trial, the right to silence and the privilege against self-incrimination affect the conduct of administrative law proceedings?
- How might an administrative law proceeding constitute a contempt of court?
- When will an administrative law proceeding be stayed as a result of a related criminal law proceeding? When will a criminal law proceeding be stayed as a result of a related administrative law proceeding?
- Recent cases, including cases applying X7 v Australian Crime Commission [2013] HCA 29 and other relevant authorities
Presented by Richard Knowles KC, List G Barristers
10.35am to 10.50am Morning Tea
10.50am to 11.35am Judicial Review Procedures: Grounds, Remedy and Discovery
- Grounds of review
- What remedy are you seeking?
- Discovery
Presented by Christopher Tran, Barrister, List A Barristers
11.35am to 12.20pm Materiality is Here to Stay – What Does that Mean for the Hearing Rule & the Bias Rule?
- What are the origins of materiality, and what does it really mean?
- Why has it now been bolted onto jurisdictional error? Could the law have taken a different turn instead?
- The hearing rule: onus on the applicant to raise a prima facie case that the decision may have been different on the counterfactual
- The bias rule: whether two steps, or three steps, no materiality requirement
Presented by Lisa De Ferrari SC, List A Barristers, Mathew Kenneally, Greens List Barristers and Amy Faram, Senior Lawyer, Victoria Legal Aid
12.20pm to 1.05pm Recent Administrative and Judicial Review Cases
Explore recent and important decisions affecting Administrative and Judicial review cases.
Presented by Fiona Batten, Barrister, List A Barristers
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Presenters
Peter Gray KC
Peter Gray has been a member of the Victorian Bar since 1996, taking silk in 2011. His background is in commercial and public law litigation, having previously worked at Arthur Robinson & Hedderwicks and as an associate to the Chief Justice of the Federal Court. He has been named in the current (2019) edition of the "Best Lawyers" publication as lawyer of the year in public law in Melbourne. His practice includes statutory contravention proceedings/inquiries of various kinds, and contractual disputes, as well as merits and judicial review of administrative decisions and actions.
Benjamin Jellis
Ben often appears in appeals and in judicial review proceedings. Before coming to the bar, Ben completed the BCL at the University of Oxford and was an associate to Justice Redlich at the Court of Appeal of the Supreme Court Victoria.
Shane Dawson
Shane has a broad practice in insurance, administrative and common law matters, with a focus on the health and medical context. Prior to coming to the Bar, Shane was a Senior Associate at Meridian Lawyers. Shane also acted for health practitioners in disciplinary investigations and proceedings, coronial inquests, and criminal prosecutions. Shane has considerable experience providing advice to insurers in relation to indemnity, policy coverage, and interpretation. Shane has a Bachelor of Laws and a Bachelor of Science from the University of Melbourne. He is reading with Ben Jellis and his Senior Mentor is Stephen O’Meara KC.
Richard Knowles KC
Richard Knowles QK has a broad practice in public law, regulatory law, commercial law and tort law. He is regularly briefed to advise and appear for private and government clients in significant litigation in Victorian and Commonwealth courts and tribunals.
Richard has acted in a diverse range of public law matters, including in recent times matters relating to aged care, financial services, animal exports, customs duties, environmental and cultural heritage, immigration and citizenship, and whistleblowers. He is listed by Doyle’s Guide as a leading senior counsel in administrative law and public law. From March 2019 until early 2021, he was one of the counsel assisting the Royal Commission into Aged Care Quality and Safety.
Christopher Tran
Christopher Tran is a barrister practising primarily in commercial and public law. He was previously an associate to Justice Hayne of the High Court and a solicitor at King & Wood Mallesons., Chris graduated from the University of Melbourne with the Supreme Court Prize and a number of subject prizes. He also holds a Master of Laws from Harvard University, where he studied as a Menzies Scholar and was awarded Dean's Scholar Prizes by Professor Cass Sunstein for Administrative Law and Professor Laurence Tribe for Constitutional Analysis. Chris has published widely on administrative law, the Charter, competition law, constitutional law, FOI, property law and WTO law. He is a Reporter for the Commonwealth Law Reports, a co-convenor of the Victorian chapter of the Australian Association of Constitutional Law and a former editor of the Melbourne University Law Review.
Lisa De Ferrari SC
Lisa De Ferrari practises in public law, commercial law and common law (major torts list, class actions and defamation). In the last 12 months (since taking silk), Lisa's practice in public law has included: advising various Department and other clients on issues which have included statutory construction and judicial review applications (including the risk of such applications being brought); being briefed to appear in a number of urgent cases in the Supreme Court, in the nature of judicial review from inferior courts; appearing in the Court of Appeal for the Director of Public Prosecutions, in an appeal where the constitutional validity of various provisions of the Confiscation Act 1997 was being challenged; appearing in the High Court in an appeal on questions of materiality of error where the allegation is breach of procedural fairness and when certiorari might be refused on discretionary grounds; settling various applications for special leave to appeal, and various responses to such applications; appearing in the Federal Court on a number of interlocutory applications seeking orders to provide urgent medical care to refugees being held in the Republic of Nauru.
Mathew Kenneally
Mathew Kenneally has a broad practice in administrative, commercial, employment, regulatory and consumer law. Prior to going to the bar, Mathew was an associate to the Honourable Justices Charles and Osborn in the Supreme court. He was also a lawyer at Consumer Action Law Centre, and at Victoria Legal Aid, in the Civil Justice Section, where he primarily practiced in migration law. He holds a Masters of Law from Colombia University, in New York where his studies focused on public law and statutory interpretation.
Amy Faram
Amy Faram is an experienced migration lawyer. Having started her legal career at specialist migration firm Erskine Rodan & Associates, she moved to Refugee Legal where she assisted asylum seekers – both in the community and in places of urban and remote detention - to make protection visa applications and to seek review of negative decisions at the Administrative Appeal Tribunal. Since 2013, she has been lawyer in the Civil Justice Program at Victoria Legal Aid, where she has practiced primarily in refugee litigation, in the Federal Circuit, Federal and High Courts of Australia.
Fiona Batten
Fiona has a broad practice in public law, regulatory law, tort law, coronial inquests and public inquiries. Fiona is regularly briefed to advise and appear for private and government clients in State and Commonwealth Courts and Tribunals. Fiona has acted in a diverse range of public law matters, including judicial review, disability, immigration and citizenship, freedom of information and privacy. Fiona updates the privacy chapter in Nekvapil, Victorian Administrative Law loose-leaf service. Fiona also appears in inquiries and coronial inquests. In 2019 and 2020, Fiona was one of the counsel assisting the Royal Commission into Victoria’s Mental Health System.