The Federal Court of Australia exercises principal trial and intermediate appellate jurisdiction in relation to federal administrative law in Australia, a jurisdiction which is central to the Court’s existence and function. Therefore, it was fitting for the Court, together with the Law Council of Australia, to host a conference designed to provoke thought and discussion about contemporary issues in Australian federal administrative law, held in conjunction with the Court’s August 2014 judges’ conference.
The conference brought together some of the best judicial, professional and academic thinkers in administrative law. It was opened with a sparkling and informed comparative presentation by Justice Dennis Davis from the Western Cape High Court of South Africa.
Through comprehensive panel reports on each session, this publication gives the reader the flavour of the entire conference, including the lively debates. Nine individual papers are also reproduced, covering the most important current issues in federal administrative law and bringing a variety of perspectives to those issues.
Foreword by The Hon James Allsop AO
Foreword by Duncan McConnel
Notes on Contributors
Table of Cases
Table of Statutes
1. Administrative Law: The Challenges of the 21st Century
Justice Dennis Davis
2. Rationality and Reasonableness as Grounds for Review
The Hon William Gummow AC
3. Taking Stock after Li
Justin Gleeson SC
4. Judicial Review for Unreasonableness or Irrationality: The Role of Proportionality
Kristen Walker QC
5. The Contemporary Approach to Jurisdictional Error
Justice Alan Robertson
6. Reasons, Reasoning and Jurisdictional Error
Stephen McLeish SC
7. The Distinction between Jurisdictional and Non-jurisdictional Errors: Its Significance and Rationale
Margaret Allars SC
8. Accessibility, Merits Review and Self-represented Litigants
Melinda Richards SC
9. Constitutional Writ Review and the ADJR Act
Neil Williams SC
Reports on Panel Sessions
The Contemporary Approach to Jurisdictional Error
Administrative Review in Other Jurisdictions
Federal Administrative Law and Accessibility
Constitutional Writ Review and the ADJR Act: Ships in the Night?
Kathleen Foley and Kateena O’Gorman