Administrative Decision Making: Grounds of Review and Error
Examine the nuances of what constitutes a reviewable decision. Grapple with the latest decisions impacting materiality and types of jurisdictional errors. Explore the intricacies of merits review. Consider judicial review concerning evidence and procedures. You’ll come away from this practical session with a new understanding of key rulings and procedures in grounds of review and error and you’ll keep pace with the most important trends in administrative law. WEB223N45
Description
Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Rachel Francois, Barrister, Level 22 Chambers
9.00am to 10.00am Statements of Reasons: Why, What, When, How
- Why provide reasons
- What must it contain
- When are reasons required
- How to request reasons
Presented by Ben Cramer, Assistant Crown Solicitor, Administrative Law, Public Law Branch, Crown Law
10.00am to 11.00am Materiality and Types of Jurisdictional Error
- Drafting grounds of jurisdictional review
- Grounds of review
- Bias
- Illogicality/ unreasonableness
- Relevant considerations
- Errors of laws
- Interpretive errors
Presented by Georgina Costello KC, List G Barristers
11.00am to 11.15am Break
11.15am to 12.15pm Principles and Scope of Merits Review
Work through how to run a case before a merits-review Tribunal by examining:
- What is merits review?
- Parties and the role of the respondent
- Procedure; utilising compulsive powers
- Evidence; fact-finding
- Discretion; role of policy
Presented by Justin Wheelahan Barrister, Greens List
12.15pm to 1.15pm Judicial Review Evidence and Procedures
- Choice of remedies: What is the appropriate form of relief for the exercise of power, or proposed exercise of power, at issue?
- Choice of forum: identification of which Court has jurisdiction and power to grant the relief sought
- Ordinary forms of evidence in judicial review proceedings
- Establishing the documentary record before the decision-maker
- What forms of evidence are necessary to establish particular forms of error?
- Novel forms of evidence
- Evidence in procedural fairness cases: proof of the lost opportunity
- Evidence in interpretation cases: proving error through misinterpretation of oral evidence
- Evidence in fraud on power cases: hiss the villain!
Presented by Douglas McDonald-Norman, Barrister, Eight Selborne Chambers
Presenters
Rachel Francois
Rachel Francois is a barrister practising in NSW with over 20 years' experience in government and administrative law as well as in human rights, consumer protection and commercial law. Rachel regularly appears in the Administrative Appeals Tribunal, the Federal Court and on appeal in migration matters. Rachel is also involved in significant High Court administrative law cases including SZBEL (procedural fairness), SZMTA (materiality of jurisdictional error) and Viane (reliance on personal knowledge and unreasonableness).
Ben Cramer
Ben Cramer joined Crown Law in 2015. He has worked in the area of administrative law and judicial review litigation in both government and private legal practice for nearly 20 years. Ben is admitted to practice in Queensland and New South Wales. He represented the Minister for Immigration over many years in merits and judicial review proceedings in the Administrative Appeals Tribunal and Federal Courts, respectively, often as solicitor advocate. Ben also has experience representing clients before Commissions of Inquiry including the State of Queensland before the Royal Commission into Institutional Responses to Child Sexual Abuse, and the Australian Quarantine and Inspection Service (part of the Department of Agriculture, Forestry and Fisheries) before the Commission of Inquiry into the August 2007 outbreak of equine influenza in Australia.
Georgina Costello KC
Georgina Costello is a Melbourne barrister who appears and advises in cases in the areas of commercial and public law, including: commercial disputes; fraud cases; negligence claims; property law matters; migration cases and regulatory proceedings. Before coming to the Bar in 2003, Georgina was a solicitor at Mallesons Stephen Jaques (now King & Wood Mallesons) in property law. She is also admitted to the New York Bar and has worked in the United States as a litigator at New York law firm Fried Frank Harris Shriver & Jacobson LLP, and as associate counsel to a panel led by U.S. economist Paul Volcker inquiring into fraud and corruption related issues at the World Bank in Washington DC.
Douglas McDonald-Norman
Douglas McDonald-Norman is a barrister. He practices from 8 Selborne Chambers, Sydney. His areas of practice include commercial law, migration and refugee law, administrative law, property law and the law of equity and trusts. Prior to his admission as a barrister, Douglas worked as a solicitor and migration agent; as a tipstaff at the Supreme Court of New South Wales; as research assistant to the Hon Dyson Heydon AC KC; and as a casual academic at the University of Technology Sydney and the Australian Catholic University. As a solicitor and migration agent, Douglas appeared for clients before the Administrative Appeals Tribunal, the Refugee Review Tribunal and the Refugee Status Review Tribunal (Nauru).