Judicial Review of Administrative Action
Edition 5 ed
Publication Date 1 Jan 2012
OverviewJudicial Review of Administrative Action is one of Australia's most respected legal texts. Since its first edition in 1996, this work has both mapped and supported the development of law and practice of judicial review of administrative action throughout Australia. Repeatedly cited in the High Court of Australia, this landmark work remains the definitive scholarly work for judicial officers, practitioners and students alike. This Fifth Edition incorporates many significant developments since the previous edition was published in 2009, including: Recognition in Kirk v Industrial Court of NSW (2010) of a constitutionally-entrenched supervisory jurisdiction in state supreme courts, which has brought into closer alignment the constitutional limits to legislative attempts to exclude federal and state judicial review; Ongoing disputes in migration law, which have seen the High Court strike down a key government program in the 'Malaysian Solution', and impose important requirements of fairness on the Commonwealth Government's use of private contractors to assess refugee applications in the 'Offshore Processing' matter; the High Court's decision in Momcilovic v R (2011), signaling a distinct Australian approach to the interaction of human rights jurisprudence and judicial review law; the High Court's adoption of simpler and more coherent principles about the foundation and operation of natural justice; a burgeoning judicial review jurisprudence arising from disputes under security of payments legislation in the construction industry; and an increasing incidence of challenges to determinations by medical experts under compensation schemes for workers and motor accident victims.
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