Administrative Decision Making: Grounds of Review and Error
Examine the nuances of what constitutes a reviewable decision. Grapple with why, when, what & how to approach your statement of reasons. Dive into jurisdictional facts & when these might be reviewable de novo by the courts. Hear the latest decisions impacting materiality & types of jurisdictional errors. Finally, explore the ethical intricacies of conduct in administrative litigation. Walk away with a new understanding of key rulings & procedures on the grounds of review in administrative law. WEB233N65Z
Description
Attend and earn 4 CPD units including:
3 units in Substantive Law
1 unit in Ethics & Professional Responsibility
This program is applicable to practitioners from all States & Territories
Chair: Georgina Costello KC, List G Barristers
9.00am to 10.00am Statements of Reasons: Why, When, What, How
- The reason for reasons
- The content of reasons
- Making lawful reasons
- Defending your reasons
- The consequences of invalidity
Presented by Mark Robinson SC, Macquarie Street Chambers
10.00am to 11.00am Jurisdictional Facts
- Definition of jurisdictional fact
- Distinction between objective and subjective jurisdictional facts
- Objective jurisdictional facts merits or de novo reviewable by the courts
- Subjective jurisdictional facts judicially reviewable by courts under Avon Downs
- Distinction between irrationality for subjective jurisdictional facts and legal unreasonableness for discretions
- Materiality for objective and subjective jurisdictional facts
Presented by Oliver Jones, Barrister, Four Selborne Chambers
11.00am to 11.10am Break
11.10am to 12.10pm Materiality and Types of Jurisdictional Error
- Drafting grounds of jurisdictional review
- How does materiality operate in respect of different types of error
- Grounds of review
- Bias
- Illogicality/ unreasonableness
- Relevant considerations
- Errors of laws
- Interpretive errors
Presented by Douglas McDonald-Norman, Barrister, Eight Selborne Chambers
Ethics & Professional Responsibility
12.10pm to 1.10pm Ethical Conduct of Administrative Law Litigation: Issues for Applicants and Respondents
- Identifying and articulating reasonably arguable grounds of jurisdictional error
- Procedural and evidentiary issues
- Model Litigant obligations
- Costs orders against solicitors
Presented by Katherine Hooper, Barrister, Level 22 Chambers
1.10pm to 1.15pm Q&A Session
Presenters
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.
Mark Robinson SC
Mark Robinson is a senior counsel based in Sydney practicing in administrative law and general law. He was a founding part-time Judicial Member of the Administrative Decisions Tribunal of New South Wales in the General Division - hearing matters on privacy and freedom of information. He served on that tribunal and its Appeal Panel for seven years. For sixteen years, Mark was an occasional part-time lecturer in undergraduate ‘Administrative Law’ in the Law Faculties of the University of Sydney and the University of New South Wales. For twenty six years, Mark acted as the lead author and editor of New South Wales Administrative Law, a two volume looseleaf service, published by Thomson Reuters (since 1996) which covers Supreme Court judicial review, the NSW Civil and Administrative Tribunal (NCAT), statutory interpretation, freedom of information and privacy. Mark has authored and edited three legal texts (each published by Thomson Reuters): Judicial Review: The Laws of Australia published in 2014, with an encyclopaedic coverage of judicial review Australia wide; NCAT - Practice and Procedure, 2nd ed, published in 2020; and Administrative Law: The Laws of Australia, published in 2017. It concerns State and Federal tribunals and it also covers the Ombudsmen and freedom of information around Australia.
Oliver Jones
Oliver Jones is a barrister at Fourth Floor Selborne Chambers, Sydney. He holds a Bachelor of Laws with First Class Honours and the University Medal and a Bachelor of Arts in International Studies from the University of Technology, Sydney. He also holds a Bachelor of Civil Law from Oxford University, which he attended on a British Chevening Scholarship. Oliver was called to the Bar in 2013. Oliver has worked as an Associate to a Judge of the Federal Court of Australia and as Counsel at the Office of General Counsel, Australian Government Solicitor, Canberra. He has also practiced in public international law and international arbitration at Herbert Smith, London and in public and corporations law at Clayton Utz, Sydney. He is the author of numerous journal articles which have been cited by courts in Australia and overseas.
Douglas McDonald-Norman
Douglas McDonald-Norman is a barrister. He practices from 8 Selborne Chambers, Sydney. His areas of practice include migration and refugee law, administrative law and commercial law. Prior to his admission as a barrister, Douglas worked as a solicitor at Craddock Murray Neumann Lawyers and as a tipstaff at the Supreme Court of New South Wales. Douglas is also a Joint Editor of the Australian Public Law Blog and a casual academic at Western Sydney University and the University of Technology Sydney. His interests include Star Trek and K-Pop.
Katherine Hooper
Katherine’s core practice area is administrative law. She acts for both private parties and government agencies and has considerable experience acting for agencies as respondents to merits and judicial review applications. Annually since 2016, Katherine has been listed by Best Lawyers in the categories of Government Practice and Immigration Law. She was recognised by Best Lawyers as the 2023 ‘Lawyer of the Year’ for her work in Immigration Law in Sydney. Recent cases in which Katherine has appeared unled before the Full Court include: Mailau v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 12 (concerned with the application of the standard of satisfaction discussed in Briginshaw v Briginshaw to administrative decision-making) and AZAFF v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCAFC 176 (concerned with an alleged expectation that the Immigration Assessment Authority would act in conformity with Convention on the Rights of the Child and the application of provisions of Part 7AA of the Migration Act 1958(Cth)). Katherine’s specific areas of practice include migration and citizenship law, sports law, incorporated associations/clubs, professional discipline and regulation, commercial law, contract and equity. She also appears as a duty barrister in criminal matters in the Local Court. Katherine is enthusiastic about giving practical and timely advice that addresses the needs of her clients and about maximising efficiency through the innovative use of information technology. She is also a passionate advocate for wellness and diversity at the Bar. When she’s not in court, you will probably find her on the tennis court.