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Administrative Justice and Its Availability
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Administrative Justice and Its Availability

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Published 15 July 2015 (Federation Press)
ISBN: 9781760020279. Hard Cover, 208 pages.

Edited by Debra Mortimer

The Federal Court of Australia exercises principal trial and intermediate appellate jurisdiction in relation to federal administrative law in Australia, a jurisdiction which is central to the Court’s existence and function. Therefore, it was fitting for the Court, together with the Law Council of Australia, to host a conference designed to provoke thought and discussion about contemporary issues in Australian federal administrative law, held in conjunction with the Court’s August 2014 judges’ conference.

The conference brought together some of the best judicial, professional and academic thinkers in administrative law. It was opened with a sparkling and informed comparative presentation by Justice Denis Davis from the Western Cape High Court of South Africa.

Through comprehensive panel reports on each session, this publication gives the reader the flavour of the entire conference, including the lively debates. Nine individual papers are also reproduced, covering the most important current issues in federal administrative law and bringing a variety of perspectives to those issues.


1.    Administrative Law: The Challenges of the Twenty-First Century 
                Justice Denis Davis

2.    Rationality and Reasonableness as Grounds for Review 
                The Hon William Gummow AC

3.    First Comment on Rationality and Reasonableness as Grounds for Review 
                Justin Gleeson SC

4.    Second Comment on Rationality and Reasonableness as Grounds for Review 
                Kristen Walker

5.    The Contemporary Approach to Jurisdictional Error 
                Justice Alan Robertson

6.    Reasons, Reasoning and Jurisdictional Error 
                Stephen McLeish SC

7.    The Distinction between Jurisdictional and Non-jurisdictional Errors: Its Significance and Rationale 
                Margaret Allars SC

8.    Accessibility, Merits Review and Self-represented Litigants 
                Melinda Richards SC

9.    Constitutional Writ Review and the ADJR Act 
                Neil Williams SC

10.   Reports on Panel Sessions 
         The Contemporary Approach to Jurisdictional Error 
                Graeme Hill 
         Administrative Review in Other Jurisdictions 
                M Costello 
         Federal Administrative Law and Accessibility 
                C Harris 
         Constitutional Writ Review and the ADJR Act: Ships in the Night? 
                K Foley and K O'Gorman


This forthcoming publication, to be released on 29 May 2015 by that excellent legal publisher, The Federation Press, promises to be an outstanding contribution to the bank of legal knowledge concerning Administrative Law. The editor of this work, Justice Mortimer, is one of Australia’s leading Administrative lawyers whose depth of knowledge on the topic is enormous. The book is a collection of nine papers, together with the reports on panel sessions, as delivered at the recent Administrative Law conference jointly hosted by the Federal Court of Australia and the Law Council of Australia in August 2014. … the publication promises to be a worthy read.

Queensland Law Reporter – 24 April 2015 – [2015] 15 QLR

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