Administrative Decision-Making: Influences, Evidence, Fairness and Challenges

Acquire insights into the realm of decision-making, addressing political and policy influences, the nature and quality of evidence in decision making and the delicate balance between fairness and efficiency. Delivered by industry experts, this seminar equips you with the knowledge and tools to navigate the complexities of administrative law decision making with confidence and precision. Plus, enhance your understanding of administrative law challenges encompassing both federal and state perspectives.

Tuesday, 18 June 2024
Early Bird Discount ends 10 May 2024 $353.50
Description

Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories

2.00pm to 3.00pm The Nature and Quality of Evidence in Administrative Decision-Making
  • “No evidence or other material”
  • Rules of evidence as a sound guide
  • Probative evidence
  • Satisfaction or belief
  • Availability of positive findings

Presented by Amy Douglas-Baker, Barrister, Fourth Floor Selborne Chambers

3.00pm to 3.15pm Break
3.15pm to 4.15pm Balancing Fairness and Efficiency: Risks in the Right to Compel Evidence in Administrative Proceedings
  • The Intersection of fairness and efficiency
  • Risks and challenges in compelling evidence
  • Legal safeguards and best practices

Presented by Marial Lewis, Founder and Principal Solicitor Multi-Award Winner and Accredited Specialist Immigration Law, Crossover Law Group

4.15pm to 5.15pm Administrative Law Challenges Viewed in the Framework of Constitutional Principles in Australia (Federal and State)
  • Why are challenges to administrative decisions permissible at all? Are there differences between the Federal framework and the frameworks at State levels?
  • Examples of how Parliaments have sought to limit possible challenges, including limiting permissible grounds
  • How have Courts have responded to the intention by Parliaments, Federal and State, to limit challenges
  • Statutory secrecy provisions vs judicial power
  • Are we moving towards substantive review being permissible, at least in some cases?
  • How does the continuing dialogue between Courts and Parliaments affect administrative decision-making

Presented by Lisa De Ferrari SC, List A Barristers 

Chair:

Steven Brnovic, Barrister, Owen Dixon Chambers East, Doyle's Guide 2022 and 2023

1.00pm to 2.00pm Navigating Political & Policy Influences in Administrative Decision-Making
  • The political landscape of decision-making
  • Influence of public statements on decision-makers
  • Breach of natural justice: apprehended bias in decision-making
  • Quashing decisions and the road to redetermination
  • Key takeaway: "loose lips sink ships"

Presented by Gregory Ross, Executive Partner, Eakin McCaffery Cox

Presenters


Ms. Marial Lewis, Founder and Principal Solicitor Multi-Award Winner and Accredited Specialist Immigration Law, Crossover Law Group
Marial Lewis is one of Australia's top immigration lawyers. She is an accredited specialist in Immigration Law by the Law Society of NSW as well as the winner of the prestigious 2021 and 2022 Lawyers Weekly 30 under 30 and the 2020 John Gibson Award - Young Migration Lawyer of the year by the Law Council of Australia. In 2023 she was recognised as one of the Most Influential Leading Lawyers in Australia and listed as the only woman in the Oceania region in the Women of the Future- 50 rising stars in ESG. In 2022, Marial was listed in the Forbes list under 30 for social impact. Since 2022, she was recognized yearly by her international peers in the Who’s who Legal- Corporate Immigration Future Leaders and in the Best Lawyers: Ones to Watch for 2023 and 2024- Immigration Law. Marial has also been a finalist in various national awards including, innovative of the year (individual), rising star of the year for the Australasian Law Awards and Women in Law, regional/suburban lawyer of the year and 30 under 30 since 2019. Marial is also a lecturer and unit coordinator in the Graduate Diploma of Australian Migration Law and a Teaching Fellow at UNSW for subjects such administrative law. Marial is an international and national speaker on various matters from migration law to innovation to entrepreneurship. Marial is also a mother of two little ones whom she adores dearly, keeping her always on the go. After many years in private practice including being a partner in a specialist migration law firm, Marial founded Crossover Law Group, a Newlaw migration law firm focusing on servicing private and corporate clients migration law needs by delivering a fast, efficient and transparent excellent service whilst using innovation, technology and new ideas for better delivery. Crossover Law Group has been recognised as innovative law firm of the year finalist as well as Newlaw firm of the year finalist in various awards since its inception. Marial is a passionate lawyer who works with a wide range of clients assisting them with their immigration legal goals. She is also very experienced with complicated migration law matters such as refusals, cancellations, detention, character cases, review matters at the Administrative Appeals Tribunal as well as being a litigator in migration court cases.


Ms. Lisa De Ferrari SC, Barrister, List A Barristers
Lisa De Ferrari practises in public law, commercial law and common law (major torts list, class actions and defamation). Lisa practises in public law, commercial law and common law (major torts list, class actions and defamation). Lisa appears in the High Court, the Federal Court and the Full Federal Court, the Victorian Court of Appeal, the Supreme Court of Victoria and the Supreme Courts of other jurisdictions. She is an expert trial lawyer and has run numerous complex trials on issues primarily of public law, and has established herself as one of the top appellate barristers, particularly in public law. Finally, Lisa has a substantial practice in advising governments, as well individuals and corporations, on matters of statutory construction, judicial review, confiscation of assets, habeas and other forms of urgent relief, and merits of common law actions. In 2023, Lisa was named in Doyle's Guide as Recommended Senior Counsel, Victoria, Technology, Media & Telecommunications Law.


Mr. Steven Brnovic, Barrister, Owen Dixon Chambers East
Steven is one of Doyle’s Guide’s leading public and administrative law junior counsel in Australia (2021-2023). He practises in merits and judicial reviews, occupational regulation, regulatory prosecutions and advising on statutory powers and duties. He complements his Bar practise as a Commissioner for the Victorian Liquor Commission, where he is a tribunal member, board member and decision-maker. In 2020, Steven was appointed to the Counsel Assisting team for the Victorian COVID-19 Hotel Quarantine Inquiry. Outside of the Bar, Steven is a member of the Independent Panel of Reviewers for Victoria Legal Aid, an assessor for the LIV’s Administrative Law Accredited Specialist program, and an author of LexisNexis’s Administrative Law commentary. Prior to his call to the Bar in 2018, he was General Counsel to the taxi regulator and an Accredited Specialist in Administrative Law.


Mr. Gregory Ross, Executive Partner, Eakin McCaffery Cox
Gregory is part of Eakin McCaffery Cox's Commercial Government team. He has many years legal services experience spanning litigious and non-litigious, civil and criminal contexts He is an accredited specialist in Government and Administrative Law and was the NSW Law Society's Head Assessor for that field in 2015-19 and was a Councillor for NSW on the Chartered Institute of Procurement and Supply until 2023. Since 1988 he has practised in the areas of Administrative Law, Government Contracting, Industry Facilitation and Probity matters, including legislative reform and procurement projects to achieve the best value for money for clients. From time to time he provides Probity Advisory/Audit services to clients. He also leads his firm's Intellectual Property practice. He and some of his clients have worked with lawyers in a variety of countries to implement many client projects, particularly to do with education services within Australia and beyond. particularly to do with education services outside Australia. He was, for a period, a member of the Organisation Review Committee of NSW’s Independent Commission Against Corruption. He is a course writer and an adjunct lecturer in the College of Law’s Applied Law Program. In 2006 he became a member of the NSW Legal Profession Admission Board’s Legal Qualifications Committee and Practical Experience Subcommittee, which deal with both academic and practical experience requirements for lawyers wishing to practise in NSW, whether the lawyer is locally or overseas trained. He was involved in facilitating electronic commerce and proposals for Automation in Administrative Decision Making.


Ms. Amy Douglas-Baker, Barrister, Fourth Floor Selborne Chambers
Amy Douglas-Baker was called to the Bar in 2009 and holds a Bachelor of Arts (Hons), Bachelor of Laws (Hons), and Master of Laws (Hons Eq) from the University of Sydney. Prior to commencing practice as a barrister, Amy was a Tipstaff/Researcher to Justice Hall in the Supreme Court of New South Wales and an Associate to Judge Nicholls in the Federal Circuit and Family Court of Australia. Amy practises in public/administrative law and commercial/equity and has extensive experience in inquests, commissions of inquiry, professional disciplinary proceedings, judicial and merits review and on applications for suppression and protective orders involving matters of public interest immunity and protected information. Amy regularly appears for and advises the Registrar-General of NSW, the NSW Crime Commission, the NSW Commissioner of Police, the NSW Commissioner for Fair Trading, the NSW Commissioner of Corrective Services, the Office of the Children’s Guardian and the Nursing and Midwifery Board of Australia in civil and criminal matters. Amy is a member of the Constitutional and Administrative Law Section of the NSW Bar Association, the Australian Association of Constitutional Law, and the Australian Institute of Administrative Law. Amy served on a Professional Conduct Committee of the NSW Bar Association for 8 consecutive years and has served on numerous other Bar Association committees including as an officer-holder.

WEB246V08

Administrative Decision-Making: Influences, Evidence, Fairness and Challenges

CHOOSE YOUR SESSION AND
DELIVERY MODE BELOW

Single Session
Tuesday, 18 June 2024
1.00pm to 5.15pm Australia/Sydney
CPD Points 4
4
$505.00
Early Bird Discount ends 10 May 2024 $353.50
Online 20240418 20240618

Online

Register
On Demand 20240418 20240618

Post Seminar Recording

Register