The Federation Press

Key Issues in Judicial Review


This book is the NSW Bar Association’s lecture series on the key issues in judicial review. It emphasises essential learning for the public law practitioner, whether solicitor, barrister or judicial officer, that is not easily accessed elsewhere.

The collection opens with Justice Patrick Keane’s reflections on the role of the courts in public law processes. It has an overview of the grounds of judicial review by Justice John Basten and 10 other papers: the concept of jurisdictional error by Jeremy Kirk SC; statutory construction and drafting by Peter Quiggin PSM, with a commentary by Justice Nye Perram; evidence in public law cases by Neil Williams SC and Alan Shearer; constitutional and administrative law aspects of tax by Geoffrey Kennett SC and David FC Thomas; satisfaction as a jurisdictional fact by James Hutton; the High Court decision in SZMDS by Theresa Baw; the relevancy grounds and environmental and administrative law by Richard Lancaster SC and Stephen Free.

There are also two forward-looking papers, one by Justice Alan Robertson on ARC Report No 50, and the other by Kristina Stern SC on the rationale for the grant of relief by way of judicial review and potential areas for future development.

Table of Contents

Foreword by Chief Justice Allsop
Notes on Contributors
Table of Cases
Table of Statutes

Some Reflections on the Role of Courts in Public Law
The Hon PA Keane

The Concept of Jurisdictional Error
JK Kirk SC

Judicial Review of Executive Action: Tiers of Scrutiny or Tears of Frustration?
The Hon John Basten

Satisfaction as a Jurisdictional Fact – A Consideration of the Implications of SZMDS
James Hutton

Illogicality, Irrationality and Unreasonableness in Judicial Review
Theresa Baw

Statutory Construction: How to Construct, and Construe, a Statute
Peter Quiggin PSM

Comment on Paper of Peter Quiggin
Nye Perram

The Use of the Blue Pencil – Partial Invalidity
Stephen Lloyd SC and Houda Younan

Evidence in Public Law Cases
Neil Williams SC and Alan Shearer

Nothing Like the Curate’s Egg
The Hon Alan Robertson

The Rationale for the Grant of Relief by Way of Judicial Review and Potential Areas for Future Development
Kristina Stern SC

Constitutional and Administrative Law Aspects of Tax
Geoffrey Kennett SC and David FC Thomas

The Relevancy Grounds in Environmental and Administrative Law
Richard Lancaster SC and Stephen Free


Of interest...