Administrative Decision Making

Join us in a review of issues that will enhance your decision-making skills and reason. Hear an update on Procedural Fairness and potential conflicts of interest and explore the use of declarations and injunctions as remedies for unlawful conduct. Explore the issues surrounding evidence and fact-finding in the Judicial Review process and review the concepts of merits review for tribunals using reasoning from First Principles.

Wednesday, 22 November 2023
12.12pm to 1.15pm Merits Review – Reasoning From First Principles

In this presentation Justin will discuss the principles of merits review as distilled in Drake and Pochi, and the High Court’s exposition of those principles in Shi v Mara and Frugtniet v ASIC.

  • Standing in the shoes of the primary decision maker
  • Temporal and legal constraints on decision maker
  • Marking the boundaries of review
  • Re-exercising the primary decision maker’s powers post-review
  • Coming to the “correct or preferable decision”

Presented by Justin Wheelahan, Barrister, Emmerson Chambers

Chair:

Andrea Mapp, Managing Principal Solicitor, Victorian Government Solicitor Office, Inquiries Prosecutions and Administrative Law

11.15am to 12.12pm "Through the looking glass": The Unfamiliar World of Evidence and Fact-finding in Administrative Decision-making, When the Scrutiny of Judicial Review is Applied
  • Understanding what may be relevant and what is extraneous evidence
  • What becomes evidence in judicial review: generally, totality of materials that were before decision-maker; at times, other materials as well
  • Significance of fact-finding by an administrative decision-maker, whether those facts be objective ones or subjective states of mind

Presented by Lisa De Ferrari SC, List A Barristers

9.00am to 10.00am Procedural fairness, conflicts of interest and internal review of decisions
  • A brief refresher on the principles of procedural fairness in administrative decision making
  • The relevance of conflicts of interest in administrative decision making
  • Tips for identifying and managing conflicts of interest in administrative decision making settings (including in the context of internal review)
  • Discussion of practical and recent examples

Presented by James Smart, Partner, Maddocks and Amy Kelly, Special Counsel, Maddocks

10.00am to 11.00am The Decision and the Court Process

Explore declarations and injunctions as a remedy for unlawful conduct

through a review of recent decisions

Presented by Natalie Blok, Barrister, Castan Chambers

Description

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

11.00am to 11.15am Morning Tea

Presenters


James Smart, Partner, Maddocks
James Smart heads up the Maddocks Commercial Government and Not-for-Profit team. He has nearly 30 years experience providing a broad range of contract, commercial and administrative law advice to government departments and statutory authorities. James advises on statutory interpretation, governance, regulatory and compliance issues on a daily basis and assists a number of Victorian regulators to carry out their statutory functions. James has also drafted and advised on a large number of significant government contracts.


Amy Kelly, Special Counsel, Maddocks
Amy Kelly has over 15 years experience and has recently returned to Maddocks following a period spent in house, most recently in the role of General Counsel at the Emergency Services Telecommunications Authority. Amy works with State Government entities and Departments and not for profit organisations across the areas of commercial administrative and public law. Amy has a particular interest in matters involving governance, probity and compliance and regularly works alongside her clients to improve their internal practices and policies.


Natalie Blok, Barrister, Castan Chambers
Natalie Blok has been a lawyer for over 15 years, and a barrister for 7. Natalie has a background in administrative and employment law, focusing more recently on planning and environment law. Natalie regularly advises and appears for government agencies (including water authorities and local councils) and private parties in planning appeals, regulatory & penalty proceedings, inquiries & inquests and merits & judicial review proceedings. Her practice involves frequent appearance work in courts and tribunals, including VCAT, the Supreme Court, the Federal Court, the Federal Circuit Court, the AAT, Boards and Panels. Before becoming a lawyer, Natalie worked in the disability sector. Natalie is hard working, systematic and thorough with a personable approach. She is known for attending to both detail and broader strategy. Natalie has an excellent understanding of government systems and administrative processes and is adept at making them easily understandable. She is passionate about the law, and the environment (both natural and urban) and brings strong research, writing and problem-solving skills to her work. Natalie is compassionate and sensitive to peoples’ needs. In 2018, Natalie completed a Masters of Public and International Law at the University of Melbourne and is currently undertaking post graduate studies in Planning and Environment at RMIT. Natalie is also a reporter for the Victorian Reports. Natalie regularly works with Senior Counsel, most recently with Daniel Star QC, Dominique Hogan-Doran SC, Kristen Walker QC (Solicitor-General), Malcolm Harding SC and Christopher Canavan QC. She has also worked with Richard Niall QC (now of the Court of Appeal), Melinda Richards SC & Steve Moore QC (both now of the Supreme Court), Susan Brennan SC, Paul O’Grady QC, Guy Gilbert SC, Sarah Porritt and Emrys Nekvapil. Natalie welcomes electronic briefs and direct access briefs.


Lisa De Ferrari SC, List A Barristers
Lisa practises in public law, commercial law and common law (major torts list, class actions and defamation). In the last 12 months (since taking silk), Lisa's practice in public law has included: advising various Department and other clients on issues which have included statutory construction and judicial review applications (including the risk of such applications being brough); being briefed to appear in a number of urgent cases in the Supreme Court, in the nature of judicial review from inferior courts; appearing in the Court of Appeal for the Director of Public Prosecutions, in an appeal where the constitutional validity of various provisions of the Confiscation Act 1997 was being challenged; appearing in the High Court in an appeal on questions of materiality of error where the allegation is breach of procedural fairness and when certiorari might be refused on discretionary grounds; settling various applications for special leave to appeal, and various responses to such applications; appearing in the Federal Court on a number of interlocutory applications seeking orders to provide urgent medical care to refugees being held in the Republic of Nauru.


Justin Wheelahan, Barrister, Emmerson Chambers
Justin practises in administrative law, general commercial law, and IP. His public and administrative law practice includes merits review, judicial review, and appellate advocacy. Justin appeared as junior counsel in the High Court in Frugtniet v ASIC (2019) 266 CLR 250, Minister for Home Affairs v FRX17 (2020) 270 CLR 302, and Clayton v The Queen (2006) 231 ALR 500. He regularly appears for company directors and professionals in relation to allegations of professional misconduct in disciplinary and regulatory tribunals, and on review to VCAT and the AAT. Justin’s general commercial practice includes advice and advocacy in disputes involving copyright, trade mark, and design infringement, breach of confidence, misleading and deceptive conduct, breach of contract, unconscionable conduct, breach of director's duties, and insolvency. He regularly advises and appears in defamation proceedings, injurious falsehood claims, and suppression order related matters. Justin holds a BA(hons)/LLB from Melbourne and a Masters in IP from Monash, and is a contributing author to Lahore’s Trade Marks, Patents and Confidential Information and Related Rights service published by LexisNexis. Justin has a background in appearing as counsel in indictable criminal fraud trials appearing for both the Crown, and the defence.

2311V06

Administrative Decision Making

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Morning Session
Wednesday, 22 November 2023
9.00am to 1.15pm Australia/Sydney
CPD Points 4
4
$505.00
Face to Face 20240517 20231122

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Venue
Cliftons Melbourne - Southbank

Level 18/2 Southbank Blvd, Southbank Melbourne 

Directions

CLOSEST TRAM STOPS • Casino East/Queens Bridge St, 210m (3 min walk) • Federation Square/ Swanston St, 800m (10 min walk)


CLOSEST TRAIN STATIONS • Flinders Street Station, 700m (9 min walk)


CLOSEST BUS STOPS • Casino East, 240m (3 min walk)


NEAREST ACCOMMODATION • Oaks Southbank (4 min walk) • The Langham (4 min walk) • Quay West Suites (6 min walk) • Crown Promenade (8 min walk)

FROM AIRPORT • Driving distance approx. 26km • Taxi or UBER: 26-50 min depending on traffic (Taxi phone 13 2227) • SkyBus, alight at Skybus Terminal, walk to cnr William/Bourke Sts and take no.58 tram to Casino East/ Queensbridge (trip total approx 40 mins)

Parking Information

Parking is not included in your registration. Possible options:

Wilson Parking, 2 Freshwater Pl Southbank (1 min walk) • Wilson Parking, 2 Riverside Quay Southbank (1 min walk)

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