Benefit from a comprehensive understanding of the evolving administrative legal landscape with a practical look at topical issues. Explore crucial contemporary insights into AI-driven decision-making. Critically learn how to use administrative law safeguards against disinformation and other societal threats. Understand the recent developments in judicial review plus the application of administrative law in environmental decision making. WEB243N54Z
Description
Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair:
Dr David Bennett AC KC, 5 Wentworth Chambers
10.00am to 11.00am Administrative Law as a Force for Good: How You Can Use the Administrative Law System to Protect Against Modern Day Threats
- Unpack how Australian administrative law can help against the emerging forces of disinformation which seek to undermine democratic institutions – and the role of the decision maker
- Examine the increasing importance of environmental considerations in administrative decision making
- Understand how administrative law might continue to be used to create change
Presented by Kiera Peacock, Partner, Marque Lawyers, Leading Administrative & Public Lawyer, Doyle’s Guide 2023
11.00am to 11.15am Break
11.15am to 12.15pm The Application of Administrative Law to Planning and Environmental Decisions
- Issues that commonly arise
- Climate change litigation
- Some leading authorities
Presented by Timothy Hale SC, 6th Floor Selborne Wentworth Chambers
9.00am to 10.00am The Story of Automation in Administrative Decision-Making and the Plot Twist of Artificial Intelligence
- Explore the concept of automated decision-making and its place in administrative law
- Look into the judicial and legislative treatment of the concept to date
- Thoughts on what the future might hold for automated decision-making in the context of advances in artificial intelligence
Presented by Karwan Eskerie, Partner, Sparke Helmore, Leading Administrative & Public Lawyer, Doyle’s Guide 2023
12.15pm to 1.15pm 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
Mr. Oliver Jones, Barrister,
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 practised 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.
Timothy Hale SC, 6th Floor Selborne Wentworth Chambers
Tim Hale was appointed Senior Counsel in New South Wales in 1999 and Queens Counsel for Western Australia in 2000. He has practiced at the Bar for more than 30 years. Prior to coming to the Bar, he had been a solicitor at Allen Allen & Hemsley. He has a broad practice in New South Wales and other States and Territories, with an emphasis on development and property related litigation and advice, administrative law and defamation., Over the years, Tim has represented major participants in the property development and resources sector in general commercial matters. He has appeared in many of the leading cases in these areas. He has also appeared in a number of prominent public inquiries before ICAC.
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.
Karwan Eskerie, Partner, Sparke Helmore
Karwan is a litigator and government law specialist, with extensive experience acting for various government clients in a wide range of practice areas, including constitutional, administrative, regulatory and commercial law. In 2017, Karwan was named Partner of the Year at the Lawyers Weekly Australian Law Awards. He is also listed in the AFR's Best Lawyers in Australia list for Immigration Law in 2019.
Kiera Peacock, Partner, Marque Lawyers
Rising with unprecedented rapidity from paralegal to partner in our litigation team, Kiera is terrifyingly smart, fast, efficient, hard working and nice. Kiera runs a lot of our largest litigation cases, and has a deep expertise in public and administrative law, particularly electoral law. Kiera ran the Court of Disputed Returns case after the 2019 federal election that clarified the law on misleading electoral advertising, and acts for a number of parties and independent MPs. She is definitely Australia's best and most knowledgeable electoral lawyer. In her spare time, Kiera is surreptitiously subversive and you have to look closely to catch the evil glint in her wide, innocent eyes. We’re onto her, but it took ages. More importantly, she provides the defensive backbone and iron-fisted leadership without which our netball team could most definitely not be called premiership-winning. Her nickname isn't "Captain" for nothing.
