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Administrative Law: Grounds for Review and Error

Master the practical skills needed to navigate, challenge and defend administrative decisions with confidence. Gain a clear understanding of how to identify and establish the evidentiary record, assess when errors are legally significant, and apply the latest developments in materiality and judicial review. Strengthen your ability to prepare robust reasons for decision, make defensible findings of fact, address evidentiary issues effectively, and avoid common drafting and reasoning errors that can expose decisions to challenge. Leave with actionable strategies and practical insights you can immediately apply to administrative reviews, decision-making processes and litigation.

Thursday, 27 August 2026
Description

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

9.00am to 10.00am Navigating the Evidence

 

  • The onus and burden of proof in administrative law matters
  • Identifying the evidentiary record: a matter of relevance to the ground of review
  • Compellability, secrecy and immunity: barriers to establishing the record and i
  • Establishing the materiality of a jurisdictional error: is it necessary to prove the counterfactual?

Presented by Alexander Flecknoe-Brown, Barrister, 6 St James Hall: Legal 500: 2026, Leading Junior, Commercial Disputes, Asia Pacific and Dr Michael Adams, Barrister, 6 St James Hall

10.00am to 11.00am Materiality and When Error Becomes Legally Significant

 

The High Court's decision in LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] HCA 12; (2024) 280 CLR 321clarified the role of materiality in determining whether an error in an administrative decision is jurisdictional.

  • Examine the principles emerging from LPDT and survey recent decisions applying those principles in practice, illustrating when errors have (and have not) been found to be legally significant.

Presented by Tim Maybury, Barrister, 6 St James Hall

12.15pm to 1.15pm Preparing Reasons for Administrative Decisions

  • Develop issues-based reasons for decision
  • Make findings on material questions of fact
  • Deal with the evidence or other material
  • Provide a clear path of reasoning 
  • Avoid common errors in reasoning and drafting that can expose decisions to challenge
  • Apply practical techniques to avoid common errors and provide clear outcomes

Presented by Matt Black, Barrister, Quay 11 Chambers

11.00am to 11.15am Break
11.15am to 12.15pm Recent Developments in Judicial Review
Chair:

Peter Bridgman, Barrister, Level 15 Inns of Court; Co-Author, The Australian Policy Handbook (6th Edition), Routledge

Presenters

Alexander Flecknoe-Brown, Barrister, 6 St James Hall
Alexander acts in a broad range of commercial and public law disputes with a particular focus on matters in federal jurisdiction. In commercial areas, he has expertise in competition (including access regulation) and consumer law, insurance, employment and discrimination. He has been led in major litigation in all those fields and regularly appears unled in commercial disputes in these areas. In public law, Alexander has appeared in and advised on numerous matters raising constitutional issues, including on several occasions in the High Court, as well as in native title. He is regularly briefed in judicial review proceedings in the Federal Court, the general federal law jurisdiction of the Federal Circuit and Family Court, and the New South Wales Supreme Court.

Matt Black, Barrister, Quay 11 Chambers
Matt Black is a barrister at the Queensland Bar and a member of Quay 11 Chambers. He has a broad practice advising and appearing for a range of private and government clients, including extensively in administrative law and disciplinary proceedings. Matt's criminal practice focuses on regulatory and ‘computer hacking’ offences. He also has experience leading and conducting reviews and inquiries, including in respect of deaths in custody, official corruption, and serious misconduct.


Tim Maybury, Barrister, 6 St James Hall
Tim was called to the bar in 2024. Tim accepts briefs in all areas of law, with particular interests in the areas of public law, criminal law and commercial litigation. Before coming to the bar, Tim practised as a Senior Lawyer at the Australian Government Solicitor. At AGS, Tim acted for Commonwealth clients in federal, state and territory courts and tribunals at all levels in matters concerning law enforcement and national security, and in coronial inquests and royal commissions. Tim also maintained a summary prosecution practice, appearing in contested hearings as a solicitor-advocate for clients including the Australian Federal Police, Australian Border Force and the Australian Health Practitioner Regulation Agency. Tim is an experienced commercial litigator, having practised as a Senior Associate with Piper Alderman. At the firm, Tim represented corporate clients in the financial services/fintech, energy and nutrition industries in investigations and proceedings brought by the Australian Securities and Investments Commission as well as a range of commercial arbitration, private international law, contract and consumer protection matters. Tim gained specialist expertise in international trade law practising as a Legal Officer for the Department of Foreign Affairs and Trade.

Dr Michael Adams, Barrister, 6 St James Hall
Michael accepts briefs nationally in all areas of law. He has particular expertise in public law and statutory construction, regulatory law, criminal law, and public and private international law and the conflict of laws. He also hopes to develop an advice practice at the Bar. Prior to being called to the Bar, Michael was a senior lawyer and Senior General Counsel (A/g) in the Office of General Counsel at the Australian Government Solicitor.  He advised in areas as diverse as the Commonwealth’s involvement in companies; workplace disputes; foreign state immunity; privacy; and migration law. He also advised on reforms to the National Disability Insurance Scheme; tobacco regulation; and the aged care system. For the latter, Michael received a Secretary’s Award for his service to the Commonwealth. Before this, Michael practiced as a government barrister as the Counsel Assisting the Solicitor General and Crown Advocate for NSW. He routinely appeared as junior counsel in judicial review, appellate and constitutional matters, including before the High Court of Australia, and assisted the Crown Advocate in preparing for criminal trials and inquests. He was also for a period an international lawyer at Human Rights Watch in New York City. Michael was the associate to the Hon. Justice Stephen Gageler AC of the High Court of Australia (as the Chief Justice then was) and the Hon. Justice Pamela Tate AM of the Victorian Court of Appeal. He is a co-author of Emergency Powers in Australia (Cambridge University Press, 2018), which has been influential in the reform of emergency powers and cited by the High Court and in the media.


Peter Bridgman, Barrister, Level 15 Inns of Court
Peter Bridgman is a Brisbane based barrister, first called to the bar in 1990. Peter has degrees in Psychology (University of Queensland - first class honours) and Law (QUT - first class honours). He has been a Member of the Queensland Civil and Administrative Tribunal and the Mental Health Review Tribunal. In addition to the law, Peter advises the government and the private sector on public policy, regulatory reform and ethics, and integrity. Peter's extensive career in public service, included appointments as Cabinet Secretary; Deputy Director-General Premier's Department; Deputy Director-General Education Department; Head of Arts Queensland; and corporate counsel for a large Department. He is author of the leading textbook on public policy in Australia, The Australian Policy Handbook now in its 7th edition, as well as numerous journal articles, conference papers etc in both law and public policy. Peter wrote the landmark review of Queensland public employment, A Fair and Responsive Public Service for All.

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Administrative Law: Grounds for Review and Error

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Single Session
Thursday, 27 August 2026
9.00am to 1.15pm Australia/Sydney
CPD Points 4
$505.00
$353.50
Online 20260815 20260827

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