A Practical Guide to Administrative Decisions and Public Inquiries
Issues covered include: issues of evidence in judicial review, errors in credibility findings, materiality in jurisdictional error, royal commissions and enquiries
Description
Recent scrutiny and appeals to administrative decisions have raised questions over evidence, credibility and materiality. The frequency of Royal Commissions and Inquiries has created new challenges for administrative law practitioners. With an exceptional line-up of presenters, examine these highly topical issues and recent case law in administrative review.
Attend and earn 4 CPD hours in Substantive Law
This seminar was recorded in VIC on 11 September 2019
Chair: Rachel Walsh, Barrister, Douglas Menzies Chambers
9.00am to 9.05am Opening Comments by the Chair
9.05am to 10.00am: Issues of Evidence in Judicial Review Proceedings and Appeals
- The starting point for relevance: materials that were before the decision-maker
- When might other evidence be relevant?
- Do different rules apply in judicial review proceedings in respect of e.g. discovery?
- Evidence vs reasons for decision
- Evidence when the issue is a jurisdictional fact
- Application of the rules of evidence at a hearing
- Some consideration of the issues as may arise on an appeal
Presented by Lisa De Ferrari SC, List A Barristers
10.00am to 11.00am: Errors in Credibility Findings: Lessons and Takeaways from Case Law
Adverse credibility findings are often at the heart of adverse decisions of administrative decision-makers. Until relatively recently, attempts to impugn adverse credibility findings on a judicial review were often met with the uniform response that credibility is a matter par excellence for the decision maker and is not amenable to judicial review. However, the fact that credibility is a matter reserved to an administrative decision-maker to determine as a question of fact does not mean that challenges to credibility are not open. This session will explore recent decisions that demonstrate the different ways in which such findings are susceptible to challenge and provide some guidance as to how such decisions might inform the presentation of a case before a primary decision-maker.
Presented by Catherine Symons, Barrister, Young’s List
11.00am to 11.15am Morning Tea
11.15am to 12.15pm: Materiality as an Element of Jurisdictional Error
- The High Court’s recent decisions in Hossain and SZMTA
- Reconciling the High Court’s recent decisions with its previous decisions, including SAAP
- Ascertaining the existence and nature of a threshold of materiality
- Particular issues with respect to proof of material breach of procedural fairness
- Relationship between materiality as element of jurisdictional error, and discretionary bases for refusal to grant relief
Presented by Nick Wood, Barrister, List A Barristers
12.15pm to 1.15pm: Royal Commissions and Inquiries
- History and an update: Where are they all at?
- Difference between Royal Commissions and Inquiries
- Terms of reference
- Powers
- Reporting
- End result
Presented by Estelle Frawley, Barrister, Foley’s List
Testimonials
“Very interesting, helpful and informative”
“A good session”
“Interesting range of speakers”
Venue
Novotel on Collins
270 Collins Street
Melbourne 3000
VIC
Australia