Explore the intricate web of government decision-making and defamation law through captivating case studies and expert insights. From dissecting the Robodebt debacle to navigating the evolving landscape of legal unreasonableness, gain invaluable perspectives from seasoned legal luminaries. Join for an afternoon of enlightenment as you delve into the crossroads of governmental, departmental and parliamentarian decision making and its implications, equipping you with the knowledge to stay ahead in today's dynamic legal arena.
Chair
Rachel Francois, Barrister, St, James Hall Chambers
Description
Attend and earn 3 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
2.00pm to 3.00pm Implications for Automated Decision Making and Oversight – Robodebt Case Study
- The Robodebt Scheme – what was it?
- The Scheme unravels and failure of oversight mechanisms
- Implications for decision makers
- The future for automated decision making
Presented by Trent Glover, Barrister, St James Hall Chambers; Appeared for the Commonwealth of Australia in the Robodebt Royal Commission
3.00pm to 4.00pm Development of the Doctrine of Legal Unreasonableness Since Li and its Application to Government Decision Making
- Development of the doctrine of legal unreasonableness since Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332
- Recent judicial decisions concerning legal unreasonableness, including Ismail v Minister for Immigration, Citizenship and Multicultural Affairs [2024] HCA 2 and Minister for Home Affairs v DUA16 [2020] HCA 46; 271 CLR 550
Presented by Kathleen Morris, Barrister, Level 22 Chambers
4.00pm to 4.15pm Break
4.15pm to 5.15pm The Intersection Between Defamation Law and Australian Parliaments
- Barilaro v Shanks Markovina (No 2) [2021[ FCA 950
- Leyonhjelm v Hanson Young [2021] FCAFC 22
- Aspects of the judgment (and underlying disputes) in Lehrmann v Network Ten Pty Limited [2024] FCA 369
- Comparisons with the position of Royal Commissions – Herron v Harper Collins Publishers Australia Pty Ltd [2022] FCAFC 68
Presented by Matthew Richardson SC, Barrister, 153 Phillip Barristers; Appeared for Plaintiff in Lehrmann v Network Ten Pty Ltd (Trial Judgment) [2024] FCA 369
Presenters
Rachel Francois, Barrister, St, James Hall Chambers
Rachel Francois is a barrister practising in NSW with over 20 years' experience in government and administrative law as well as in human rights, consumer protection and commercial law. Rachel regularly appears in the Administrative Appeals Tribunal, the Federal Court and on appeal in migration matters. Rachel is also involved in significant High Court administrative law cases including SZBEL (procedural fairness), SZMTA (materiality of jurisdictional error) and Viane (reliance on personal knowledge and unreasonableness).
Trent Glover, Barrister, St James Hall Chambers
Trent Glover Glover is one of Australia’s leading public law barristers. He has a diverse practice comprising public law litigation, regulatory litigation and advising and appears regularly in the Federal Court, and State and Territory Supreme Courts at appellate level and first instance around Australia. Much of his practice comprises complex and sensitive litigation that is the focus of media attention and parliamentary scrutiny. Trent is listed in Doyle's Guide as a leading Australian administrative and public law barrister. Trent is currently the Chair of the NSW Bar Association’s Human Rights Committee and is a member of the Inquests and Inquiries Committee, and a legal officer in the Royal Australian Navy.
Matthew Richardson SC, Barrister, 153 Phillip Barristers
Matthew’s primary area of expertise is media and defamation law. He has extensive trial experience and is retained for urgent applications involving injunctive relief and suppression orders. He appears for defamation plaintiffs and defendants and gives pre-publication advice. Since 2022 Matthew has been the Co-Chair of the NSW Bar Association Media and Information Law and Technology which amongst other masters assists the NSW Bar in advising on law reform in the defamation, privacy and AI spaces.
Kathleen Morris, Barrister, Level 22 Chambers
Kathleen is a barrister practicing at Level 22 Chambers, and was called to the bar in 2020. Kathleen maintains a general litigation and advice practice, appearing regularly in the New South Wales Supreme Court and Federal Court. During her legal career, Kathleen has acted and advised in a diverse range of cases including commercial, international arbitration, equity, tort, class action, insurance, regulatory, real property, public law, environmental law, and administrative law matters. Recent matters include Whitthahn & Ors v Wakefield [2024] QSC 2, ACE Demolition & Excavation Pty Ltd v Environment Protection Authority [2024] NSWCCA 4, Avant Insurance Limited v Darshn [2022] FCAFC 48, and DCR19 v Minister For Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 229. Prior to coming to the bar, Kathleen worked as a solicitor at Clayton Utz, Tipstaff to Justice Gleeson of the New South Wales Court of Appeal, Judicial Associate to Chief Justice Allsop of the Federal Court of Australia and Arbitral Tribunal Secretary to Professor Doug Jones AO.
