Judicial Review of Courts in Australia: Scope, Grounds, and Recent Legal Developments

Friday, 29 March 2024
Chair

Dr David Bennett AC KC, 5 Wentworth Chambers

Description

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Judicial Review of Courts in Australia: Scope, Grounds, and Recent Legal Developments

 

  • Statutory basis for Appeals: Appeals to higher courts in Australia are governed by statutes, and Parliament has the authority to restrict the scope of appeals from lower courts
  • Constitutional entrenchment: Judicial review of lower courts is constitutionally entrenched for both state and federal courts, allowing review even when there is no appellate jurisdiction
  • Restricted grounds for review
    • Grounds for judicial review of courts are limited, primarily focusing on jurisdictional errors
    • Courts' jurisdictional errors are defined more narrowly compared to those made by administrative decision-makers
    • Error of law on the face of the record is constrained, partly due to the absence of reasons for judgment in the lower court records
  • Different treatment for jurisdictional error: the distinction between jurisdictional errors in courts and administrative decision-makers - High Court in Craig v South Australia (1995) and Stanley v DPP (NSW) [2023] HCA 3
  • Limited review of superior courts: judicial review of superior courts of record, especially those with general jurisdiction, is even more constrained, Rodden v R [2023] which was heard by the NSW Court of Criminal Appeal

Presented by Oliver Jones, Barrister, Four Selborne Chambers

Presenters


Dr David Bennett AC KC, 5 Wentworth Chambers
David Bennett AC KC practises in the areas of appellate law generally, constitutional law, administrative law, revenue law, trade practices and competition law, among others. David has held various positions during his career, including Solicitor-General for the Commonwealth of Australia, President of the Australian Bar Association and also President of the NSW Bar Association. He has been a part-time member of the Australian Government's Takeovers Panel and is recognised in various publications as a leader in the law.


Oliver Jones, Barrister, Four Selborne Chambers
Oliver Jones is a barrister at Fourth Floor Selborne Chambers, Sydney. He holds a Bachelor of Laws with First Class Honours and the University Medal and a Bachelor of Arts in International Studies from the University of Technology, Sydney. He also holds a Bachelor of Civil Law from Oxford University, which he attended on a British Chevening Scholarship. Oliver was called to the Bar in 2013. Oliver has worked as an Associate to a Judge of the Federal Court of Australia and as Counsel at the Office of General Counsel, Australian Government Solicitor, Canberra. He has also practiced in public international law and international arbitration at Herbert Smith, London and in public and corporations law at Clayton Utz, Sydney. He is the author of numerous journal articles which have been cited by courts in Australia and overseas.

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Judicial Review of Courts in Australia: Scope, Grounds, and Recent Legal Developments

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