Administrative Law: Decisions, Decisions, Decisions…
Examine the nuances of what constitutes a decision. Grapple with the latest decisions impacting powers, constraints and jurisdiction. Explore the intricacies of error. Consider key rulings and procedures in disciplinary proceedings. A panel of eminent barristers will guide you through each of these critical issues so you can keep you apace with the most important trends in administrative law.
Description
Attend and earn 4 CPD units in Substantive Law
This seminar was recorded in VIC on 27 November 2018
Chair: Mark Hayes, Partner and Sector Leader – Local Government VIC, Maddocks; Accredited Specialist in Administrative Law; Best Lawyers 2019, Government Practice
9.00am to 10.00am: What is a Decision?
- The role of ‘decisions’ in judicial review proceedings
- When a ‘decision’ is made
- Proving that a ‘decision’ has been made
Presented by Christopher Tran, Barrister, List A Barristers and Sophie Clapin, Melbourne Law School
10.00am to 11.00am: Reflections Following the High Court’s Decision in Burns v Corbett [2018]
- What is a court and what is a tribunal
- Constitutional constraints on the Australian system of courts (and of tribunals)
- What is judicial power and what is the judicial power of the Commonwealth
- The mechanics of conferral of federal jurisdiction
- What was decided in Burns v Corbett
Presented by Lisa De Ferrari SC, List A Barristers
11.00am to 11.15am Morning Tea
11.15am to 12.15pm: Jurisdictional Error versus Errors on the Face of the Record
- Two species of judicially reviewable error
- What is jurisdictional error?
- How does it differ from an error of law on the face of the record?
- What is the record?
- Why does the distinction still matter?
- Recent examples of each type of error
Presented by Peter Hanks QC, List G Barristers
12.15pm to 1.15pm: Administrative Law and Disciplinary Proceedings
- Procedural fairness requirements in disciplinary investigations
- Medical Board of Australia v Kemp [2018]
- Tribunals staying decisions of decision makers
Presented by Anna Robertson, Barrister, Greens List and Stephen Moloney, Barrister, Dever’s List